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Resolution-PC 2020-006RESOLUTION NO. PC2020-006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED RECLASSIFICATION NO. 2019- 00322, CONDITIONAL USE PERMIT NO. 2019-06027, CONDITIONAL USE PERMIT NO. 2019-06028, TENTATIVE PARCEL MAP NO. 2019-165, TENTATIVE TRACT MAP NO. 19019, AND MISCELLANEOUS CASE NO. 2019-00707 (DEV2019-00046) (227 NORTH MAGNOLIA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Reclassification No. 2019-00322, Conditional Use Permit No. 2019-06027, Conditional Use Permit No. 2019-06028, Miscellaneous Case No. 2019-00707, Tentative Parcel Map No. 2019-165, Tentative Tract Map No. 19019, for the following land use entitlements, including (i) a zoning reclassification from T (Transition) and RM -2 (Multiple -Family Residential) zones to the RM -3 (Multiple -Family Residential) zone on the entire 6.24 -acre site; (ii) a conditional use permit for the development of a 59 -unit, single family attached townhome project with modified development standards and an affordable housing incentive for restricting 10% of the project units (6 units) for moderate -income families on a 3.27 - acre parcel; (iii) a conditional use permit for a new church facility with childcare on a 2.97 -acre parcel; (iv) a tentative parcel map to subdivide the 6.24 -acre property into 2 lots for the separate church and residential uses; and (v) a tentative tract map for a condominium subdivision for the 59 -unit residential townhome project (the "Proposed Project"), for that certain real property generally located and commonly referred to as 227 North Magnolia Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 6.24 acres in size and is currently developed with the Victory Baptist Church campus. The Land Use Element of the Anaheim General Plan designates the Property for Low -Medium Residential land uses. The Property is located in the "T" Transition Zone and "RM -2" Zone. The development standards and regulations of Chapter 18.06 (Multiple -Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project; and WHEREAS, the Proposed Project is to demolish the existing church facilities and construct a new church facility with childcare on a 2.97 -acre parcel subject to approval of Conditional Use Permit No. 2019-06027 by the Planning Commission pursuant to Sections 18.06.030 (Uses), of Chapter 18.06 (Multiple -Family Residential Zones) of the Code; and WHEREAS, the Proposed Project is to also construct 59 single-family attached residences with modified development standards and density bonus incentives subject to approval of Conditional Use Permit No. 2019-06028 and Miscellaneous Case No. 2019-00707 by the Planning Commission pursuant to Sections 18.06.030 (Uses), of Chapter 18.06 (Multiple -Family Residential Zones) of the Code; and -1- PC2020-006 WHEREAS, Reclassification No. 2019-00322 is to reclassify the property from the "T" Transition Zone and "RM -2" Multiple -family Residential Zone to the "RM -3" Multiple -family Residential Zone; and WHEREAS, Tentative Parcel Map No. 2019-165 proposes a 2 -lot subdivision for conveyance purposes; and WHEREAS, Tentative Tract Map No. 19019 proposes a 1 -lot subdivision for 59 condominiums; and WHEREAS, on April 13, 2020, the Planning Commission of the City of Anaheim (hereinafter referred to as "Planning Commission") did hold a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony concerning the contents and sufficiency of Mitigated Negative Declaration and for and against the Project, and to investigate and make findings in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20 -day public/responsible agency review on March 12, 2020, and was also made available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning and Building Department of the City located on the First Floor of City Hall at 200 South Anaheim Boulevard., Anaheim, California; at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California; and, the Ponderosa Joint Use Library at 240 East Orangewood Avenue, Anaheim, California. Copies of said document were also available for purchase; and WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 367"). A complete copy of MMP No. 367 is attached hereto as Exhibit B and incorporated herein by this reference; and -2- PC2020-006 WHEREAS, the City intends and desires to use the Mitigated Negative Declaration as the environmental documentation required by CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on April 13, 2020, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Code, to consider the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 367 and the comments received to date and the responses prepared, the Planning Commission, based upon a thorough review of the Mitigated Negative Declaration and related documents and the evidence received concerning the Mitigated Negative Declaration, does find and determine as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual and, together with MMP No. 367, serves as the appropriate environmental documentation for the Proposed Project; 2. That it has carefully reviewed and considered the information contained in the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) prior to acting upon the Proposed Project; 3. Based upon the record before it (including the Initial Study and any comments received), the Proposed Project will have a less than significant impacts upon the environment with the implementation of the mitigation measures contained in MMP No. 367 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission; and WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission, pursuant to the above findings and based upon a thorough review of the Mitigated Negative Declaration and the evidence received to date, does hereby adopt the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) and find and determine as follows: -3- PC2020-006 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual and, together with MMP No. 367, serves as the appropriate environmental documentation for the Proposed Project; 2. Based upon the record before it (including the Initial Study and any comments received), that the Proposed Project will have a less than significant impact upon the environment with the implementation of the mitigation measures contained in MMP No. 367 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission; 3. That the Planning Commission approve and adopt Mitigated Negative Declaration and MMP No. 367; and 4. That the Planning Commission authorize and direct City staff to file with the Clerk of the County of Orange a Notice of Determination in accordance with Section 15075(a) of the State CEQA Guidelines. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 13, 2020. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAI 0751? SON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2020-006 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 13, 2020, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 13"' day of April, 2020. 4. -------------- S RETARY, �SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5- PC2020-006 EXHIBIT "A" DEV NO. 2019-00046 APN: 070-161-16 I ADISON CIR w IUGARO LN 070-161-23 z Q 01 U 7 W STANLEY AVE o E r MADISON CIR W MADISON GR W RUSSELL AVE 611' uu Q Q o � o v 0 to Z l'1 Q W BRUCE AVE Z 611' W YALE AVE " 0 Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. -6- PC2020-006 EXHIBIT "B" MITIGATION MONITORING PROGRAM NO. 367 FOR VICTORY BAPTIST CHURCH AND TOWNES AT MAGNOLIA [Behind this page] -7- PC2020-006 EXHIBIT "B" VICTORY BAPTIST CHURCH AND TOWNES AT MAGNOLIA MITIGATION MONITORING AND REPORTING PROGRAM NO. 367 Prepared for City of Anaheim Planning Services Division 200 S. Anaheim Boulevard Suite 162 Anaheim, California 92801 Prepared by Kimley-Horn and Associates, Inc. 765 The City Drive, Suite 200 Orange, California 92868 Date: March 2020 Victory Baptist Church and Townes at Magnolia Mitigation Monitoring and Reporting Program PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM The California Environmental Quality Act (CEQA) requires that all public agencies establish monitoring and/or reporting procedures for mitigation adopted as conditions of approval in order to mitigate or avoid significant environmental impacts. This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle by which to monitor mitigation measures (MMs) outlined in the Victory Baptist Church and Townes at Magnolia Initial Study/Mitigated Negative Declaration (IS/MND). The Victory Baptist Church and Townes at Magnolia MMRP has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of Anaheim Monitoring Requirements. Specifically, Section 21081.6 states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring program must be designed to ensure compliance during project implementation. The City of Anaheim is the Lead Agency for the Victory Baptist Church and Townes at Magnolia Project and is therefore responsible for ensuring the implementation of the MMRP. The MMRP has been drafted to meet the requirements of Public Resources Code Section 21081.6 as a fully enforceable monitoring program. The MMRP is comprised of the Mitigation Program and includes measures to implement and monitor the Mitigation Program. The MMRP defines the following for each MM: ■ Definition of Mitigation. The Mitigation Measure contain the criteria for mitigation, either in the form of adherence to certain adopted regulations or identification of the steps to be taken in mitigation. ■ Responsible Party or Designated Representative. Unless otherwise indicated, an applicant would be the responsible party for implementing the mitigation, and the City of Anaheim or designated representative is responsible for monitoring the performance and implementation of the mitigation measures. To guarantee that the mitigation will not be inadvertently overlooked, a 1 Victory Baptist Church and Townes at Magnolia Mitigation Monitoring and Reporting Program supervising public official acting as the Designated Representative is the official who grants the permit or authorization called for in the performance. Where more than one official is identified, permits or authorization from all officials shall be required. Time Frame. In each case, a time frame is provided for performance of the mitigation or the review of evidence that mitigation has taken place. The performance points selected are designed to ensure that impact -related components of project implementation do not proceed without establishing that the mitigation is implemented or ensured. All activities are subject to the approval of all required permits from agencies with permitting authority over the specific activity. The numbering system in the table corresponds with the numbering system used in the IS/MND. The last column of the MMRP table will be used by the parties responsible for documenting when implementation of the mitigation measure has been completed. The ongoing documentation and monitoring of mitigation compliance will be completed by the City of Anaheim. The completed MMRP and supplemental documents will be kept on file at the City of Anaheim Planning Services Division. Victory Baptist Church and Townes at Magnolia Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reportin VICTORY BAPTIST CHURCH AND TOWNES AT MAGNOLIA PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Verification Monitoring/ Reporting Approval/ Mitigation Measures (MMs) Implementation Timing Methods Monitoring Date Initials Air Quality SC AQ -1: Dust Control. During construction, the applicant shall Include requirements in bid Best available control Planning and require all construction contractors to comply with South Coast Air packages; show on grading measures shown on Building Department Quality Management District's (SCAQMD's) Rules 402 and 403 in and construction plans construction plans designee order to minimize construction emissions of dust and particulates. During demolition, grading, Site inspections SCAQMD Rule 402 requires that air pollutant emissions not be a nuisance off site. Rule 402 prohibits the discharge from any source construction whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. SCAQMD Rule 403 requires that fugitive dust be controlled with Best Available Control Measures so that the presence of such dust does not remain visible beyond the property line of the emission source. This rule is intended to reduce PMso emissions from any transportation, handling, construction, or storage activity that has the potential to generate fugitive dust. This requirement shall be included as notes on the contractor specifications. Table 1 of Rule 403 lists the Best Available Control Measures that are applicable to all construction projects. The measures include, but are not limited to, the following: a. Portions of a construction site to remain inactive longer than a period of three months will be seeded and watered until grass cover is grown or otherwise stabilized. b. All on-site roads will be paved as soon as feasible or watered periodically or chemically stabilized. Victory Baptist Church and Townes at Magnolia Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program Responsible for Verification Monitoring/ Reporting Approval/ Mitigation Measures (MMs) Implementation Timing Methods Monitoring Date Initials c. All material transported off site will be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earthmoving, or excavation operations will be minimized at all times. e. Where vehicles leave a construction site and enter adjacent public streets, the streets will be swept daily or washed down at the end of the work day to remove soil tracked onto the paved surface. SC AQ -2: Architectural Coatings. South Coast Air Quality Include requirements in bid Show on construction Planning and Management District (SCAQMD) Rule 1113 requires manufacturers, packages; show on grading plans Building Department distributors, and end-users of architectural and industrial and construction plans Site inspections designee maintenance coatings to reduce reactive organic gas (ROG) Prior to the start of emissions from the use of these coatings, primarily by placing limits on the ROG content of various coating categories. Architectural construction coatings shall be selected so that the volatile organic compound (VOC) content of the coatings is compliant with SCAQMD Rule 1113. This requirement shall be included as notes on contractor specifications. Biological Resources SC 13I0-1: Nesting Migratory Birds. During construction, Include requirements in bid Site inspections Planning and grubbing, brushing, or tree removal shall be conducted outside of packages; show on grading Nesting Bird Plan NBP), Building Department the state identified nesting season for migratory birds (i.e., and construction plans if nests found during designee typically March 15 through September 1), if possible. If Applicable during nesting nesting season construction activities cannot be conducted outside of nesting bird season: : 3 days prior to season, a Pre -Construction Nesting Bird Survey within and adjacent to the project site shall be conducted by a qualified construction biologist within three days prior to initiating construction Avoidance during activities. If active nests are found during the Pre -Construction construction. Nesting Bird Survey, a Nesting Bird Plan (NBP) shall be prepared by a qualified biologist and implemented during construction. At Victory Baptist Church and Townes at Magnolia Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program Responsible for Verification Monitoring/ Reporting Approval/ Mitigation Measures (MMs) Implementation Timing Methods Monitoring Date Initials a minimum, the NBP shall include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The size and location of all buffer zones, if required, shall be based on the nesting species, nesting sage, nest location, its sensitivity to disturbance, and intensity and duration of the disturbance activity. Cultural and Tribal Cultural Resources SC CUL -1: California Health and Safety Code Section 7050.5, State Include requirements in bid Site inspections Planning and CEC1A Guidelines Section 15064.5, and Public Resources Code (PRC) packages; show on grading Building Department Section 5097.98 mandate the process to be followed in the event of and construction plans designee; an accidental discovery of any human remains in a location other During ground disturbance Contractor; Coroner than a dedicated cemetery. California Health and Safety Code activities and Native American Section 7050.5 requires that in the event that human remains are Heritage discovered, disturbance of the project site shall be halted until the Commission, if coroner has conducted an investigation into the circumstances, required manner and cause of death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in PRC Section 5097.98. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. Geology and Soils MM GEO-1: During rough grading activities, which are defined as Include requirements in bid Monitoring during Planning and any grading activity occurring at depths below four feet from the packages; show on grading grading Building Department existing surface, close monitoring should occur to quickly and and construction plans Documentation of designee; professionally collect any specimens without impeding paleontological Contractor; development and sediment samples should be collected and discoveries; Notification Qualified Vertebrate processed by a qualified professional to determine the small fossil Paleontologist Victory Baptist Church and Townes at Magnolia Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program Responsible for Verification Monitoring/ Reporting Approval/ Mitigation Measures (MMs) Implementation Timing Methods Monitoring Date Initials potential. In the event that paleontological resources are During ground disturbance of appropriate agencies; inadvertently unearthed during excavation and grading activities of activities below 4 feet from Preparation of any future development project, the paleontologist or contractor existing surface excavation plan, as shall temporarily cease all earth -disturbing activities within a 100- needed foot radius of the area of discovery. The qualified professional shall evaluate the significance of the finding and determine the appropriate course of action. If avoidance of the resource(s) is not feasible, salvage operation requirements pursuant to Section 15064.5 of the State CEQA Guidelines shall be followed. After the find has been appropriately avoided or mitigated, work in the area may resume. Nothing in this mitigation measure precludes the retention of a single cross -trained observer who is qualified to monitor for both archaeological and paleontological resources. Greenhouse Gas Emissions SC GHG-1: Prior to issuance of building permits, the applicant Include requirements in bid Review of building plans Planning and shall be required to demonstrate to the Planning Division and packages; show on grading Building Department Building Division that building plans meetthe applicableTitle 24 and construction plans designee Energy Efficiency Standards for Residential and Nonresidential Buildings (California Code of Regulations [CCR], Title 24, Part 6). Prior to the issuance of These standards are updated, nominally every three years, to building permits incorporate improved energy efficiency technologies and methods. SC GHG-2: Prior to issuance of building permits, the applicant shall Include requirements in bid Review of building plans Planning and be required to demonstrate to the Planning Services Division, that packages; show on grading Building Department building plans meet the applicable California Green Building and construction plans designee Standards (CalGreen) Code (24 CCR 11). Prior to the issuance of building permits Victory Baptist Church and Townes at Magnolia Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program Responsible for Verification Monitoring/ Reporting Approval/ Mitigation Measures (MMs) Implementation Timing Methods Monitoring Date Initials Noise SC N-1: All construction activities should be limited to the hours Include requirements in bid Site inspections Planning and between 7:00 a.m. and 7:00 p.m. in compliance with AMC Section packages; show on grading Building Department 6.70.0110. and construction plans designee During construction MM N-1: The applicant shall ensure through contract specifications Include requirements in bid Include requirements in Planning and that construction best management practices (BMPs) be packages; show on grading bid packages; show on Building Department implemented by contractors to reduce construction noise levels. and construction plans construction plans designee Contract specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of During construction Site inspections a grading or building permit (whichever is issued first). The construction BMPs shall include the following: • Ensure that construction equipment is properly muffled according to industry standards and be in good working condition. • Place noise -generating construction equipment and locate construction staging areas away from sensitive uses, where feasible. • Use electric air compressors and similar power tools rather than diesel equipment, where feasible. • Construction -related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 5 minutes. • Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or thejob superintendent receives a complaint, the superintendent shall investigate, take appropriate Victory Baptist Church and Townes at Magnolia Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program Responsible for Verification Monitoring/ Reporting Approval/ Mitigation Measures (MMs) Implementation Timing Methods Monitoring Date Initials corrective action, and report the action taken to the reporting party. MM N-2: Prior to the issuance of a grading permit, the City's Include requirements in bid Best available control Planning and Building Division shall confirm that construction contract packages; show on grading measures shown on Building Department specifications prohibit the use of large construction equipment and construction plans construction plans designee (e.g., dozers, graders, scrapers, vibratory rollers) capable of generating vibration levels of 0.4 inches -per -second PPV at Prior to the issuance of a Site inspections sensitive receiver locations within 20 feet of adjacent residences. If grading permit the contractor can demonstrate that specific pieces of large During grading construction equipment vibration levels of 0.4 inches -per -second PPV, then they shall be allowed to operate within the 20 -foot buffer zone. Recreation SC R-1: The Applicant shall comply with the City of Anaheim Prior to issuance of building Evidence of compliance Planning and Building provisions for park and recreational facilities (Anaheim Municipal permit Department designee Code §17.34.010). Prior to the issuance of a building permit for any dwelling unit or units, the Applicant shall irrevocably offer to dedicate a portion of the land on which said unit or units are located and pay a fee for the development thereof, or pay a fee in lieu of dedication and the development fee for the purpose of providing park and recreational facilities to serve the future residents of the unit or units; provided, however, that, for projects having 50 or fewer dwelling units, only the payment of the in -lieu fee shall be required. Upon the approval of the Director of the Community Services Department, the Applicant may irrevocably offer land other than the land on which the units are located. Tribal Cultural Resources MM TCR -1: A Native American Monitor/Consultant shall be Include requirements in bid Contract with approved Planning and retained and a copy of the executed contract shall be submitted to packages; show on grading monitor/ consultant Building Department the City of Anaheim Planning & Building Department prior to the and construction plans designee; Native Victory Baptist Church and Townes at Magnolia Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program Responsible for Verification Monitoring/ Reporting Approval/ Mitigation Measures (MMs) Implementation Timing Methods Monitoring Date Initials commencement of construction. The Applicant shall be required to Prior to the issuance of a Monitoring during American retain and compensate for the services of a tribal Notice to Proceed for any ground disturbance Monitor/Consultant monitor/consultant who is both approved by the Gabrieleno Band ground disturbance activities of Mission Indians-Kizh Nation Tribal Government and is listed under the NAHC's Tribal Contact list for the project area. This list is During ground disturbance provided by the NAHC. The tribal monitor/consultant shall only be activities below 4 feet from present on the project site during rough grading activities which are existing surface defined as any grading activity occurring at depths below four feet Immediately stop grading in from the existing surface. The tribal monitor/consultant shall area of discovery complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. On-site monitoring shall end when project site rough grading activities are completed. MM TCR -2: Unanticipated Discovery of Tribal Cultural and Include requirements in bid Contract with approved Planning and Archaeological Resources. Upon discovery of any archaeological packages; show on grading monitor/ consultant Building Department resources, construction activities shall be ceased in the immediate and construction plans Monitoring during designee; Native vicinity of the find until the find can be assessed. All archaeological Prior to the issuance of a ground disturbance American resources unearthed by project construction activities shall be Notice to Proceed for any activities Monitor/Consultant evaluated by the qualified archaeologist and Tribal ground disturbance monitor/consultant approved by the Gabrieleno Band of Mission Indians-Kizh Nation. If the resources are Native American in origin, During ground disturbance the Gabrieleno Band of Mission Indians-Kizh Nation shall activities below 4 feet from coordinate with the Property Owner/Developer regarding existing surface treatment and curation of these resources. Typically, the Tribe will Immediately stop grading in request reburial or preservation for educational purposes. Work area of discovery may continue on other parts of the project site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5[f]). If a resource is determined by the qualified archaeologist to constitute a "historical resource" or "unique archaeological resource," time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section Victory Baptist Church and Townes at Magnolia Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials 15064.5(f) for historical resources and PRC Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to a local school or historical society in the area for educational purposes. 10