Resolution-PC 2019-040RESOLUTION NO. PC2019-040
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM TO ADOPT A MITIGATED NEGATIVE DECLARATION
FOR PROPOSED GENERAL PLAN AMENDMENT NO. 2018-00522,
RECLASSIFICATION NO. 2018-00315, CONDITIONAL USE
PERMIT NO. 2018-05975, TENTATIVE TRACT MAP NO. 18170, AND
VARIANCE NO. 2019-05127
(DEV2018-000081)
(100-394 WEST CERRITOS AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for General Plan Amendment No. 2018-00522,
Reclassification No. 2018-00315, Conditional Use Permit No. 2018-05975, Tentative Tract Map
No. 18170, and Variance No. 2019-05127 to demolish the existing buildings and public street and
construct 292 new single-family attached residences with modified development standards and a
density bonus incentive (the "Proposed Project"), for that certain real property generally located at
the southwest corner of Cerritos Avenue and Anaheim Boulevard directly east of Interstate 5 (I-5)
Freeway and commonly referred to as 100-394 West Cerritos 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 11.87 acres in size and is currently developed
with a business park that consists of eight one and two story buildings with a mix of office and
commercial uses. The Land Use Element of the Anaheim General Plan designates the Property for
General Commercial land uses. The Property is located in the "C -G" General Commercial 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 construct 292 single-family attached residences
with modified development standards and density bonus incentives subject to approval of
Conditional Use Permit No. 2018-05975 and Variance No. 2019-05127 by the Planning
Commission pursuant to Sections 18.06.030 (Uses), of Chapter 18.06 (Multiple -Family
Residential Zones) of the Code; and
WHEREAS, General Plan Amendment No. 2018-00522 is to amend the General Plan Land
Use designation from General Commercial to Mid Density Residential; and
WHEREAS, Reclassification No. 2018-00315 is to reclassify the property from the "C -G"
General Commercial Zone to the "RM -3.5" Multiple -family Residential Zone; and
WHEREAS, Tentative Tract Map No. 18170 proposes a 1 -lot subdivision for 292
condominiums; and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 30, 2019, 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 of the Code,
to hear and consider evidence and testimony for and against the Proposed Project and to investigate
and make findings and recommendations in connection therewith, and the Planning Commission
continued the item to the October 28, 2019 meeting; 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 August 22, 2019, 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. 363"). A complete copy of
MMP No. 363 is attached hereto as Exhibit B and incorporated herein by this reference; 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, the Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, on October 28, 2019, 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
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WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated
Negative Declaration, including MMP No. 363 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. 363, 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. 363 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:
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. 363, 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. 363 and that the
Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning
Commission;
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3. That the Planning Commission approve and adopt Mitigated Negative Declaration and
MMP No. 363; 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
October 28, 2019. 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.
CHA MON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 October 28, 2019, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MULLEADY,
VADODARIA
NOES: COMMISSIONERS: MEEKS, WHITE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of October, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2018-00081
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Source: Recorded Tract Maps andlvr City GIS.
Please note the accuracy is +f- two to five feet,
-5- PC2019-040
EXHIBIT "B"
AVANTI ANAHEIM BOULEVARD TOWNHOMES PROJECT
MITIGATION MONITORING PLAN NO. 363
1. Property Owner/Developer—Owner or developer of the Avanti
Anaheim Boulevard Townhomes Project.
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 Planning 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 d o n e
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.
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.
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.
EXHIBIT "B"
MITIGATION MONITORING PROGRAM NO. 363
INIITIG.ATION
III. AIR QUALITY
During construction activities, all off-road equipment with engines
greater than 50 horsepower shall meet either EPA or ARB Tier IV Final
off-road emission standards. The construction contractor shall maintain
records concerning its efforts to comply with this requirement, 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.
MM AIR -1
During construction
If engines that comply with Tier IV Final off-road emission standards are
g p y
City of Anaheim
activities.
not commercially available, then the construction contractor shall use the
next cleanest piece of off-road equipment (e.g., Tier IV Interim) available.
For purposes of this mitigation measure, "commercially available" shall
mean the availability of Tier IV Final engines taking into consideration
factors such as critical -path timing of construction; and geographic
proximity to the Project Site of equipment. The contractor can maintain
records for equipment that is not commercial available by providing letters
from at least two rental companies for each piece of off-road equipment
where the Tier IV Final engine is not available.
IV. BIOLOGICAL RESOURCES
Construction during Breeding Season and Pre -construction
Breeding Bird Surveys
Prior to the issuance of a grading and/or building permit for activities
during the avian nesting season (February 1 through August 1), the
Property Owner/Developer shall submit a survey for active nests to the
City of Anaheim Planning and Building Department conducted by a
qualified biologist a maximum of 7 days prior to the activities to
Prior to the issuance of
determine the presence/absence, location, and status of any active nests
grading permits and/or
on or adjacent to the Project Site. If no active nests are discovered or
MM BIO -1
building permits for
identified, no further mitigation is required. In the event that active
City of Anaheim
work scheduled to
nests are discovered on-site, a suitable buffer determined by the
occur during February 1
biologist (e.g., 30 to 50 feet for passerines) shall be established around
through August 1.
any active nest. No ground -disturbing activities shall occur within this
buffer until the biologist has confirmed that breeding/nesting is
completed and the young have fledged the nest. Limits of construction
to avoid a nest shall be established in the field by the biologist with
flagging and stakes or construction fencing. Construction personnel
shall be instructed regarding the ecological sensitivity of the fenced
area. The results of the survey shall be documented and filed with the
City of Anaheim within 5 days after the survey.
EXHIBIT "B"
MITIGATION RESPONSIBIJI F011
MINIBER
V. CULTURAL RESOURCES
In the event a potentially significant cultural resource is encountered
during subsurface earthwork activities, all construction activities within
a 100 -foot radius of the find shall cease and workers should avoid
altering the materials until an archaeologist who meets the Secretary of
Interior's Professional Qualification Standards for archaeology has
evaluated the situation. The Project Applicant shall include a standard
inadvertent discovery clause in every construction contract to inform
During subsurface
contractors of this requirement. Potentially significant cultural
earthwork activities if
resources consist of but are not limited to stone, bone, glass, ceramics,
MM CUL -1
a potentially
fossils, wood, or shell artifacts, or features including hearths, structural
City of Anaheim
significant cultural
remains, or historic dumpsites. The archaeologist shall make
resources is
recommendations concerning appropriate measures that will be
encountered.
implemented to protect the resource, including but not limited to
excavation and evaluation of the finds in accordance with Section
15064.5 of the CEQA Guidelines. Any previously undiscovered
resources found during construction within the Project Site shall be
recorded via a final report detailing the findings and disposition of the
specimens shall be submitted to the City Engineer. Upon completion of
the grading, the archaeologist shall notify the City of Anaheim as to
when the final report will be submitted.
In the event that fossils or fossil -bearing deposits are discovered during
construction activities, excavations within a 100 -foot radius of the find
shall be temporarily halted or diverted. The Project Developer shall notify
a qualified paleontologist who shall examine the discovery. The Project
Applicant shall include a standard inadvertent discovery clause in every
construction contract to inform contractors of this requirement. The
paleontologist shall document the discovery as needed in accordance with
During construction
Society of Vertebrate Paleontology standards and assess the significance
MM CUL -2
activities if fossils or
of the find under the criteria set forth in CEQA Guidelines Section
City of Anaheim
fossil bearing deposits
15064.5. The paleontologist shall notify the appropriate agencies to
are discovered.
determine procedures that would be followed before construction
activities are allowed to resume at the location of the find. If the Project
Applicant/Developer determines that avoidance is not feasible, the
paleontologist shall prepare an excavation plan for mitigating the effect of
construction activities on the discovery. The plan shall be submitted to the
City of Anaheim for review and approval prior to implementation, and
the Project Applicant and Developer shall adhere to the recommendations
in the plan.
EXHIBIT "B"
NUAME& TIMING MEASURE MONITORINC,
In the event of the accidental discovery or recognition of any human
remains, CEQA Guidelines Section 15064.5; Health and Safety Code
Section 7050.5; PRC Section 5097.94 and Section 5097.98 must be
followed. If during the course of project development there is accidental
discovery or recognition of any human remains, the following steps
shall also be taken:
1. There shall be no further excavation or disturbance within 100 feet of
the remains until the County Coroner is contacted to determine if the
remains are Native American and if an investigation of the cause of
death is required. If the coroner determines the remains to be Native
American, the coroner shall contact the NAHC within 24 hours, and
the NAHC shall identify the person or persons it believes to be the
most likely descendant (MLD) of the deceased Native American. The
MLD may make recommendations to the landowner or the person
responsible for the excavation work within 48 hours, for means of
treating or disposing of, with appropriate dignity, the human remains
and any associated grave goods as provided in PRC Section 5097.98.
2. Where the following conditions occur, the landowner or his or her
If an accidental authorized representative shall rebury the Native American human
discovery or recognition remains and associated grave goods with appropriate dignity either in
MM CUL -3 accordance with the recommendations of the most likely descendant City of Anaheim
of any human remains y
occurs. or on the project site in a location not subject to further subsurface
disturbance:
• The NAHC is unable to identify a most likely descendent or the
most likely descendent failed to make a recommendation within 48
hours after being notified by the NAHC.
• The descendant identified fails to make a recommendation.
• The landowner or his authorized representative rejects the
recommendation of the descendant, and mediation by the NAHC
fails to provide measures acceptable to the landowner.
Additionally, PRC Section 15064.5 requires the following relative to
Native American Remains:
• When an initial study identifies the existence of, or the probable
likelihood of, Native American Remains within a project, a lead
agency shall work with the appropriate Native Americans as
identified by the NAHC as provided in PRC 5097.98. The Project
Applicant may develop a plan for treating or disposing of, with
appropriate dignity, the human remains and any items associated with
Native American Burials with the appropriate Native Americans as
identified by the NAHC.
EXHIBIT "B"
RESI'ONSIBI,F FOR
VII. GEOLOGY AND SOILS
Prior to the issuance of grading permits or building permits for shoring,
the Property Owner/Developer shall submit plans to the City Engineer for
review and approval to ensure compliance with the recommendations
contained in the 2018 Geotechnical Report by Alta California
Geotechnical Inc. (ACG 2018; Appendix D). A qualified Geotechnical
Prior to the issuance of
Consultant will be retained to observe the removal bottom prior to re -
MM GEO-1
grading permits or
compaction of soils on-site. In areas near the proposed sound walls
City of Anaheim
building permits.
during excavation activity, temporary stability to these walls shall be
evaluated by the Geotechnical Consultant. Geotechnical
recommendations for the proposed wall shall be provided by the
Geotechnical Consultant as the design progresses. It is anticipated that the
unsuitable soil removals and re -compactions, deepening foundations, or a
combination of the two would be required to construct the proposed
sound wall without impacts to the existing Caltrans wall.
Prior to the issuance of
Prior to the issuance of a grading permit, the Property Owner/Developer
MM GEO-2
grading permits.
shall submit a grading plan to the City Engineer for review and approval
City of Anaheim
to ensure compliance with the City's grading requirements.
IX. HAZARDS AND HAZARDOUS MATERIALS
Prior to grading the Project Site, limited shallow soil sampling shall be
conducted pursuant to the Interim Guidance for Sampling Agricultural
Properties (Third Revision) prepared by the DTSC. The Property
Owner/Developer shall retain a qualified contractor to collect limited
shallow soil samples from the agricultural use areas and test these samples
for organochlorine pesticides and arsenic following established collection
and testing procedures. The Property Owner/Developer shall also collect
samples of soils within the upper 5 feet bgs throughout the Project Site and
test these soil samples for aerially deposited lead (ADL). If arsenic is
Department of Toxic
MM HAZ-1
Prior to grading.
detected in on-site soils at concentrations exceeding 12 mg/kg or if
Substances Control
organochlorine pesticides are detected in on-site soils in concentrations
(DTSC)
that exceed residential regional screening levels, those soils must be
removed from the Project Site and disposed of at a properly licensed
facility in accordance with all local, State, and federal regulations. If ADL
is detected in on-site soils in concentrations exceeding 80 mg/kg, then
those soils must be removed from the Project Site and properly disposed
of off-site at a licensed facility, following established procedures and in
accordance with all local, State, and federal regulations. If concentrations
of arsenic, organochlorine pesticides, and/or ADL do not exceed the
above-mentioned thresholds, no further action is required.
EXHIBIT "B"
MINIBER
TIMING
NIE.kS['RE
MOM
COMPLETION
Prior to any ground disturbance activities (e.g., removal of the current
asphalt paving) and prior to any demolition of on-site structures,
additional site assessment activities shall be conducted to identify the
lateral and vertical limits of PCE in soil gas and to attempt to identify a
probable source. These additional assessment activities shall include,
but not be limited to, the following:
Drilling and Soil Sampling
• A qualified consultant shall oversee the advancement of at least six soil
borings to depths between 15 and 50 feet bgs at locations primarily
located in the western portion of the Project Site. Three borings should
extend to 15 feet bgs to assess the lateral limits of shallow potentially
impacted soil and soil gas. Three additional deeper borings should be
advanced to a depth of at least 50 feet bgs to assess the vertical limits of
PCE -impacted soil gas previously identified in the northwest portion of
the Project Site. The borings will be cleared utilizing a hand auger to a
depth of 5 feet below surrounding grade and then advanced using direct
push drilling equipment operated by a State of California licensed
drilling contractor.
• Soil samples will be collected from each boring at 0.5 feet, 2.5 feet, 5
Prior to any ground
feet, and at 5 -foot intervals thereafter to the total depth for lithologic
Department of Toxic
MM HAZ-2
disturbance activities.
description and potential chemical analysis. Soil samples will be logged
Substances Control
and described under direct supervision of a California Professional
Geologist. At a minimum, soil descriptions will include the Unified Soil
Classification System name, color, density, moisture content, grain size,
and if staining or chemical odors were detected. Soil samples will be
retained in 6 -inch acetate sleeves, capped with Teflon® paper and plastic
end caps, or 8 -ounce laboratory -supplied glass jars. The containers will
be clearly marked with sample identification, placed in an ice -cooled
chest for temporary storage, and transported to a NELAP-certified
laboratory for chemical analysis. Chain -of -custody protocol will be
followed throughout all phases of the sample handling process.
• Each soil sample will be field screened using a photoionization detector
(PID) to evaluate the soil sample for the presence of volatile organic
hydrocarbon vapors. PID readings will be obtained by placing an
aliquot of soil, collected adjacent from the portion retained for chemical
analysis, into a clean plastic bag, and placing it in the sun or a warm
area for 5 to 10 minutes. The reading will then be collected from the
headspace of the plastic bag by inserting the tip of the PID.
• Down -hole sampling and drilling equipment will be decontaminated
between boreholes by either steam cleaning or washing in a solution of
non -phosphate detergent and water, rinsing with potable water, final
rinsing with distilled water, and allowed to air-dry.
EXHIBIT "B"
MITIGATION
RESPONSIBLE FOR
• If during the advancement of soil borings refusal is encountered, a
second attempt will be made within three feet laterally of the original
location. If refusal is encountered during the second attempt, the boring
will be terminated and the depth of refusal will be noted in the field log
and the report. Borings will be backfilled with hydrated bentonite and
capped to match the existing ground surface.
• Well Permits shall be secured from the City of Anaheim Utilities
Department for any borings greater than 20 feet, borings that reach
groundwater, and/or installation of permanent casings regardless of
depth.
Soil Gas Survey
• A soil gas survey will be performed to evaluate site conditions for the
presence of volatile organic compounds (VOCs) in soil gas at the site.
The soil gas survey will be performed in general conformance with the
California Environmental Protection Agency—DTSC and California
Regional Water Quality Control Board—Los Angeles and San
Francisco Region's (LARWQCB and SFRWQCB) AdvisoryActive
Soil Gas Investigations, July 2015.
• Soil gas samples will be obtained from soil gas probes located at
depths of 5 and 15 feet bgs in the three shallow borings described
above and at depths of 5, 15, 30, and 50 feet bgs in the three deeper
borings described above. Should clayey soil be encountered at the
anticipated probe depth, the probe depth will be adjusted accordingly.
The soil gas probes will consist of inert 0.25 -inch nylaflow tubing
fitted with a porous airstone at the terminus, which will be set within 1
foot of sand with 1 foot of dry bentonite above extending to the
surface. The surface end of the probe will be fitted with a gas-tight
luerlock to prevent infiltration of water or air. Soil gas probes will be
allowed to equilibrate for a minimum of 48 hours prior to sampling.
• A shut-in test will be conducted along the sampling train setup at each
sampling depth and location, prior to purging each probe. If a leak is
detected, the sampling train will be reset and adjusted until no leaks are
detected. At each sampling location an electric vacuum pump (set to
draw 0.200 liters/min of soil vapor at a maximum vacuum of 100 -inch
of water) will be attached to the probe and purged prior to sample
collection. A default three purge volumes will be removed from the soil
gas probe prior to sampling. Soil gas samples will be obtained by
drawing the sample through a luerlock connection, which connects the
sampling probe to the sample container.
• A tracer gas will be applied to the soil gas probes at each point of
connection in which ambient air could enter the sampling system.
These points include the top of the sampling probe where the tubing
EXHIBIT "B"
NUNIBER
meets the probe connection and the surface bentonite seals. If the tracer
gas is detected, the source of the leak will be identified, corrected, and
the probe will be resampled.
• A duplicate soil gas sample will be obtained for each day of soil gas
analysis.
Waste Disposal
• Following receipt of soil sample analytical results, investigation
derived waste (IDW) will be disposed off-site at an approved and
licensed treatment, disposal, or recycling facility. The qualified
consultant shall submit available laboratory data to the chosen
disposal facility to prepare the waste profile for the waste stream. A
copy of the final completed manifest will be supplied as an
attachment in the final report.
Laboratory Analysis
Soil
• Select soil samples collected from the six soil borings, based on
depth or results of field screening methods (PID, visual, or olfactory),
will be analyzed for VOCs by EPA Method 826013.
Soil Gas
• Soil gas samples will be immediately injected into the on-site mobile
laboratory gas chromatograph/purge and trap system after collection.
At least 19 soil gas samples, including the duplicate, will be analyzed
for the tracer gas and VOCs by modified EPA Method 8260B.
Phase 11 ESA Reporting
• A qualified consultant will compile the data collected during the
investigation into a formal site investigation report. Data will include
field notes, boring logs, laboratory data, tables, and figures and a
summary of the findings and conclusions for this investigation. Soil
gas data collected during this investigation will be compiled and used
to conduct a limited Human Health Risk Assessment (HHRH). The
limited HHRA will be completed using the DTSC's Vapor Intrusion
Screening Model—Soil Gas (December 2014) or other agency -
accepted modeling program.
If the soil vapor testing determines that soil gas beneath any residential
unit exceeds DTSC guidance levels for residential development, then, at
a minimum, a passive vented subslab vapor barrier must be installed
below each impacted unit.
If the soil vapor testing determines that soil gas beneath residential units
does not exceed DTSC guidance levels for residential development,
then no further action is required.
EXHIBIT "B"
NLAIRER
XI. LAND USE AND PLANNING
To reduce potential traffic noise impacts that conflict with land use
compatibility, the Proposed Project shall provide upgraded wall and
window assemblies for impacted fagades to meet the minimum STC
ratings indicated in the Fagade Noise Map Receiver Results Table of
the Noise Impact Analysis Report prepared for this project (see
Appendix H of the IS/MND). This measure applies to buildings
numbered 7, 9, 11 through 25, 27, and 31, in the Project Site Plan, as
MM LUP-1
During project design.
projected traffic noise levels would exceed 70 dBA CNEL at various
City of Anaheim
portions of their fagades. This will provide sufficient noise reduction,
within an adequate margin of safety, to ensure the 45 dBA CNEL
interior noise level standard is maintained. Prior to issuance of building
permits, the Project Applicant shall have a professional acoustic
consultant review the final design plans and provide confirmation to the
City Engineer that the final project design would provide the required
STC rating for impacted fagades.
XIII. NOISE
The construction contractor shall implement the following multi -part
mitigation measure, which is required to reduce potential construction
period noise impacts, and shall also provide construction plans and
notes to the City of Anaheim Building Division prior to commencing
construction, for verification purposes:
• The construction contractor shall ensure that all equipment driven by
internal combustion engines shall be equipped with mufflers, which
are in good condition and appropriate for the equipment.
• The construction contractor shall ensure that unnecessary idling of
internal combustion engines (i.e., idling in excess of 5 minutes) is
prohibited.
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During construction
• The construction contractor shall utilize "quiet" models of air
City of Anaheim
activities.
compressors and other stationary noise sources where technology exists.
• At all times during project grading and construction, the construction
contractor shall ensure that stationary noise -generating equipment
shall be located as far as practicable from sensitive receptors and
placed so that emitted noise is directed away from adjacent
residences.
• The construction contractor shall ensure that the construction staging
areas shall be located to create the greatest feasible distance between
the staging area and noise -sensitive receptors nearest the project site.
• The construction contractor shall ensure that all on-site construction
activities, including deliveries and engine warm-up, shall be
restricted to the hours of 7:00 a.m. to 7:00 p.m. daily.
EXHIBIT "B"
10
• A letter of self -certification on company letterhead shall be provided to
the City of Anaheim Building Division for review and approval prior to
commencing construction, which indicates that the equipment in use
has not been modified in any way, shape, or form from the original
assembly and production of said equipment. The letter will also
indicate that the contractor certifies that during all work, s/he is
adhering to all requirements outlined in the mitigation measures as it
relates to the operation of all equipment to be used on-site.
• A letter will also be provided to the City of Anaheim Building
Department from the company that has provided the equipment,
indicating that the equipment in use has not been modified in any
way, shape, or form from the original assembly and production of
said equipment.
XVII. TRANSPORTATION
Prior to a certificate of occupancy, the Property Owner/Developer shall
coordinate with the City of Anaheim for the optimization of the signal
Prior to issuance of a
timing at the intersection of Anaheim Boulevard and Disney Way to
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certificate of
maintain an acceptable LOS.
City of Anaheim
occupancy.
Optimized signal timing is required for the intersection of Anaheim
Boulevard/Disney way that is expected to operate at an unacceptable
LOS under Existing 2020 "Plus Project' conditions.
The following measures are required to be implemented to address
Project access at the intersection of Anaheim Boulevard and Cerritos
Avenue:
• Under Opening Year 2020 "Plus Project' conditions, maintain the
existing exclusive eastbound left turn lane and eastbound through -right
lane with permitted phasing operation for east -west left -turn
movements to maintain acceptable delay and LOS and reduce 95th
percentile queueing on northbound left -turn movement;
Prior to issuance of a
• Under General Plan Buildout Year 2035 "Plus Project" conditions,
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certificate of
implement protected eastbound and westbound left -turn phasing in
City of Anaheim
occupancy.
conjunction with the assumed future Buildout lane geometry; and
• Maintain single left -turn lane for the northbound approach under
Project conditions for the facilitation of the residential gate operations
and increase left -turn lane storage to a minimum of 220 feet.
The current conceptual layout at the gate shows sufficient stacking
space for the expected ingress and egress demand at the gate. However,
the gate must be kept open during peak entry hours to ensure that
queueing at the gate does not spill back into the pedestrian crosswalk or
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EXHIBIT "B"
MITIGATION RESPONS]BtE FOR
NI-INNIBER TIMING MEASURE MONITORING CO',NlPt�ETION
intersection in the unlikely event of gate or transponder malfunctions.
The peak entry hours shall be defined by the City of Anaheim Traffic
Engineer prior to a certificate of occupancy.
XVII. TRIBAL CULTURAL RESOURCES
A Native American Monitor/Consultant shall be retained and a copy of
the executed contract shall be submitted to the City of Anaheim
Planning and Building Department prior to the commencement of
construction. The Project Applicant shall be required to retain and
compensate for the services of a Tribal monitor/consultant who is both
approved by the Gabrieleno Band of Mission Indians-Kizh Nation
Tribal Government and is listed under the NAHC's Tribal Contact list
for the Project area. This list is provided by the NAHC. The Tribal
monitor/consultant will only be present on-site during the construction
Prior to the
phases that involve ground -disturbing activities. Ground disturbing
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commencement of
activities are defined by the Gabrieleno Band of Mission Indians-Kizh
City of Anaheim
construction.
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 impacting Tribal Cultural Resources.
Unanticipated Discovery of Tribal Cultural and Archaeological
Resources: Upon discovery of any archaeological resources,
construction activities shall be ceased in the immediate vicinity of the
find until the find can be assessed. All archaeological resources
unearthed by project construction activities shall be evaluated by the
qualified archaeologist and Tribal monitor/consultant approved by the
Upon discovery of any
Gabrieleno Band of Mission Indians-Kizh Nation. If the resources are
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archaeological
Native American in origin, the Gabrieleno Band of Mission Indians-
City of Anaheim
Kizh Nation shall coordinate with the Property Owner/Developer
resources.
regarding treatment and curation of these resources. Typically, the
Tribe 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[fJ). 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
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EXHIBIT "B"
MITIGATION
NIJi'VIBER
TIMING
MEASVRE
RESPONSIBLE FOR
'MONITORING
compuTION
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
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.
Unanticipated Discovery of Human Remains and Associated Funerary
Objects: Native American human remains are defined in PRC Section
5097.98(d)(1) as an inhumation or cremation, and in any state of
decomposition or skeletal completeness. Funerary objects, called
If an accidental
associated grave goods in PRC Section 5097.98, are also to be treated
discovery or recognition
according to this statute. Health and Safety Code Section 7050.5
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of any human remains
dictates that any discoveries of human skeletal material shall be
City of Anaheim
immediately reported to the County Coroner and excavation halted until
occurs.
the coroner has determined the nature of the remains. If the coroner
recognizes the human remains to be those of a Native American or has
reason to believe that they are those of a Native American, he or she
shall contact, by telephone within 24 hours, the NAHC and PRC
Section 5097.98 shall be followed.
Resources Assessment & Continuation of Work Protocol: Upon
discovery, the Tribal and/or archaeological monitor/consultant will
immediately divert work at minimum of 150 feet and place an exclusion
If an accidental
zone around the burial. The monitor/consultant(s) will then notify the
discovery or recognition
Tribe, the qualified lead archaeologist, and the construction manager
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of any human remains
who will call the coroner. Work will continue to be diverted while the
City of Anaheim
coroner determines whether the remains are Native American. The
occurs.
discovery is to be kept confidential and secure to prevent any further
disturbance. If the finds are determined to be Native American, the
coroner will notify the NAHC as mandated by state law who will then
appoint a MLD.
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EXHIBIT "B"
INI]TIGATION
RESPONSIBLE FOR
Kizh-Gabrieleno Procedures for Burials and Funerary Remains: If the
Gabrieleno Band of Mission Indians—Kizh Nation is designated MLD,
the following treatment measures shall be implemented. To the Tribe,
the term "human remains" encompasses more than human bones. In
If an accidental
ancient as well as historic times, Tribal traditions included, but were not
discovery or recognition
limited to, the burial of funerary objects with the deceased, and the
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of any human remains
ceremonial burning of human remains. These remains are to be treated
City of Anaheim
occurs.
in the same manner as bone fragments that remain intact. Associated
funerary objects are objects that, as part of the death rite or ceremony of
a culture, are reasonably believed to have been placed with individual
human remains either at the time of death or later; other items made
exclusively for burial purposes or to contain human remains can also be
considered as associated funerary objects.
Prior to the continuation of ground disturbing activities, the Property
Owner/Developer shall arrange a designated site location within the
footprint of the Project for the respectful reburial of the human remains
and/or ceremonial objects. In the case where discovered human remains
cannot be fully documented and recovered on the same day, the remains
will be covered with muslin cloth and a steel plate that can be moved by
heavy equipment placed over the excavation opening to protect the
remains. If this type of steel plate is not available, a 24-hour guard
should be posted outside of working hours. The Tribe will make every
effort to recommend diverting the Project and keeping the remains in
situ and protected. If the Project cannot be diverted, it may be
Prior to continuation of
determined that burials will be removed. The Tribe will work closely
ground disturbance
with the qualified archaeologist to ensure that the excavation is treated
activities, if an
carefully, ethically and respectfully. If data recovery is approved by the
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accidental discovery or
Tribe, documentation shall be taken which includes at a minimum
City of Anaheim
recognition of any
detailed descriptive notes and sketches. Additional types of
human remains occurs.
documentation shall be approved by the Tribe for data recovery
purposes. Cremations will either be removed in bulk or by means as
necessary to ensure completely recovery of all material. If the discovery
of human remains includes four or more burials, the location is
considered a cemetery and a separate treatment plan shall be created.
Once complete, a final report of all activities is to be submitted to the
Tribe and the NAHC. The Tribe does NOT authorize any scientific
study or the utilization of any invasive diagnostics on human remains.
Each occurrence of human remains and associated funerary objects will
be stored using opaque cloth bags. All human remains, funerary objects,
sacred objects and objects of cultural patrimony will be removed to a
secure container on-site if possible. These items should be retained and
13
EXHIBIT "B"
14
reburied within six months of recovery. The site of reburial/repatriation
shall be on the Project Site but at a location agreed upon between the
Tribe and the landowner at a site to be protected in perpetuity. There
shall be no publicity regarding any cultural materials recovered.
Archaeological and Native American monitoring and excavation during
construction projects will be consistent with current professional
standards. All feasible care to avoid any unnecessary disturbance,
physical modification, or separation of human remains and associated
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During excavation and
funerary objects shall be taken. Principal personnel must meet the
City of Anaheim
construction activities.
Secretary of Interior standards for archaeology and have a minimum of
10 years of experience as a principal investigator working with Native
American archaeological sites in Southern California. The qualified
archaeologist shall ensure that all other personnel are appropriately
trained and qualified.
14
EXHIBIT "B"
'SIANIIAAJI
RESPONSIBI.E FOR
NUMBERCONDITION
TIMING CONDITION MONITORING COM13t,ETION
VII. GEOLOGY AND SOILS
In the event that paleontological resources are encountered during
grading and construction operations, all construction activities shall be
SC GEO-1
During grading and
temporarily halted or redirected to permit a qualified paleontologist to
City of Anaheim
construction activities.
assess the find for significance and, if necessary, develop a PRINIP for
the review and approval by the City prior to resuming excavation
activities.
XVII. TRANSPORTATION
The Property Owner/Developer shall include rideshare and vanpooling
SC TRANS -1
During project design.
opportunities for employees and patrons in conjunction with Anaheim
City of Anaheim
Resort Transit, which will provide service at 20 -minute headways for the
Proposed Project.
15