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RES-2020-054 RESOLUTION NO. 2 0 2 0-0 5 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED RECLASSIFICATION NO. 2019-00322 (DEV2019-00046) (227 NORTH MAGNOLIA AVENUE) WHEREAS, the City Council of the City of Anaheim did receive a verified petition for Reclassification No.2019-00322 to rezone or reclassify that certain real property generally located on the west side of Magnolia Avenue, approximately 700 feet north of Lincoln Avenue 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; and WHEREAS, Reclassification No. 2019-00322 is to reclassify the property from the "T" Transition and "RM-2" Multiple-family Residential Zones to the "RM-3" Multiple-family Residential Zone; and WHEREAS, Reclassification No. 2019-00322 was filed with 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(i) 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; (ii)a conditional use permit for a new church facility with childcare on a 2.97-acre parcel; (iii) a tentative parcel map to subdivide the 6.24-acre property into 2 lots for the separate church and residential uses; and (iv) a tentative tract map for a condominium subdivision for the 59-unit residential townhome project(the "Proposed Project"), 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, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration was prepared to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20-day public/responsible agency review on March 12, 2020, and was also made -1- 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, 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 WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b)of the CEQA Guidelines, (c)responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and(d)the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and WHEREAS, the City intends and desires to use the Mitigated Negative Declaration as the environmental documentation required by CEQA, the CEQA Guidelines and the City's Local • CEQA Procedure Manual for the Proposed Project; and WHEREAS, 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 Chapter 18.60 of the Code, to hear 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,by its motion,but prior in time to,the adoption of its Resolution No.PC2020- 006 and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual,the Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 367,and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 367; WHEREAS, upon receipt of Planning Commission recommendation, made by motion, of Resolution No. PC2020-006, the City Council did fix the 9th day of June, 2020, as the time, and the City Council Chamber in the Civic Center, as the place, for considering evidence for and against the Mitigated Negative Declaration; and -2- WHEREAS, based upon a thorough review of the Mitigated Negative Declaration, including MMP No. 367 and the comments received to date and the responses prepared, the City Council does find and determine as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA,the CEQA Guidelines, and the City's Local CEQA Procedure Manual and, together with MMP No. 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 City Council ;and WHEREAS, this City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution,that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts,that detract from the findings made in this Resolution. This City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that this City Council, pursuant to the above findings and based upon a thorough review of the Mitigated Negative Declaration and the evidence received to date,does hereby adopt the Mitigated Negative Declaration(including the Initial Study and any comments received during the public review period) based on the findings and determinations as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA,the CEQA Guidelines,and the City's Local CEQA Procedure Manual and, together with MMP No. 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 City Council; -3- 3. That the City Council hereby approves and adopts Mitigated Negative Declaration and MMP No. 367; and 4. That the City Council authorizes and directs City staff to file with the Clerk of the County of Orange a Notice of Determination in accordance with Section 15075(a) of the State CEQA Guidelines. THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 9thday of June , 2020,by the following roll call vote: AYES:Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil NOES:None ABSENT:None ABSTAIN: None 4CIOF ANAHEIM 11AJ, I . .r �A 1. , Ir. r ' ' OFANAHEIM ATTEST: CITY CLERK OF THE CITIrtit ANAHEIM 137803/LM -4- EXHIBIT "A" DEV NO. 2019-00046 - r I i r p, APN:- 070-161-16 1 n�ADISON SIR , LUGARO LN' 070-161-23 .l ,17-) J W STANLEY AVE o ' I o 2 " if ADN�ISON CiR 1W MADISON CIR W RUSSELL AVE . F611� W Q iOpk 8 7/ W BRUCE AVE . . . - ". a z 7 -`#611 . W-YALE AVE. Oo so ioo• Source:Recorded Tract Maps and/or City GIS: Feet Please note the accuracy is+/-two to five feet.; -5- 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 -6- 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 implementationof 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 supervising public official acting as the Designated Representative is the official who grants the 1 Victory Baptist Church and Townes at Magnolia Mitigation Monitoring and Reporting Program 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. • • 2 Victory Baptist Church and Townes at Magnolia Mitigation Monitoring and Reporting Program VICTORY BAPTIST CHURCH AND TOWNES AT MAGNOLIA PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Verification ' Monitonn /. Res onsible for Mitigation Measures(MMs) •` Implementation Timing, Reporting tin Methods ods Approval /.Monitorin g Date Initials Air Quality SC AQ-1:Dust Control. During construction,the applicant shall require all Include requirements in bid Best available control Planning and Building construction contractors to comply with South Coast Air Quality packages;show on grading measures shown on Department designee Management District's(SCAQMD's) Rules 402 and 403 in order to minimize and construction plans construction plans construction emissions of dust and particulates.SCAQMD Rule 402 During demolition,grading, Site inspections requires that air pollutant emissions not be a nuisance off site. Rule 402 construction prohibits the discharge from any source 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 PMio 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. c. All material transported off site will be either sufficiently watered or securely covered to prevent excessive amounts of dust. 3 Victory Baptist Church and Townes at Magnolia Mitigation Monitoring and Reporting Program Verification Monitoring/ Responsible for 'Mitigation'Measures•(MMs) " Implementation Timing Reporting Methods Approval/MonitoringDate Initials' 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 Management Include requirements in bid Show on construction Planning and Building District(SCAQMD)Rule 1113 requires manufacturers,distributors,and packages;show on grading plans Department designee end-users of architectural and industrial maintenance coatings to reduce and construction plans Site inspections reactive organic gas(ROG)emissions from the use of these coatings, Prior to the start of primarily by placing limits on the ROG content of various coating construction categories.Architectural 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 BIO-1: Nesting Migratory Birds.During construction,grubbing, Include requirements in bid Site inspections Planning and Building brushing,or tree removal shall be conducted outside of the state packages;show on grading Department designee Nesting Bird Plan identified nesting season for migratory birds(i.e.,typically March 15 and construction plans (NBP),if nests found through September 1),if possible. If construction activities cannot be Applicable if during nesting during nesting season conducted outside of nesting season,a Pre-Construction Nesting Bird bird season:3 days prior to Survey within and adjacent to the project site shall be conducted by a construction qualified biologist within three days prior to initiating construction activities. If active nests are found during the Pre-Construction Nesting Avoidance during Bird Survey,a Nesting Bird Plan (NBP)shall be prepared by a qualified construction. biologist and implemented during construction.At 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. 4 Victory Baptist Church and Townes at Magnolia Mitigation Monitoring and Reporting Program Verification.. Monitoring/ Responsible for Mitigation Measures MMs Implementation TiminReporting Methods Approval/Monitoring Date Initials Cultural and Tribal Cultural Resources SC CUL-1:California Health and Safety Code Section 7050.5,State CEQA Include requirements in bid Site inspections Planning and Building Guidelines Section 15064.5,and Public Resources Code(PRC)Section packages;show on grading Department designee; 5097.98 mandate the process to be followed in the event of an accidental and construction plans Contractor;Coroner discovery of any human remains in a location other than a dedicated and Native American During ground disturbance cemetery.California Health and Safety Code Section 7050.5 requires that activities Heritage Commission, in the event that human remains are discovered,disturbance of the project if required site shall be halted until the coroner has conducted an investigation into the circumstances,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 any Include requirements in bid Monitoring during Planning and Building grading activity occurring at depths below four feet from the existing packages;show on grading grading Department designee; surface,close monitoring should occur to quickly and professionally collect and construction plans Documentation of Contractor;Qualified any specimens without impeding development and sediment samples Vertebrate During ground disturbance paleontological should be collected and processed by a qualified professional to determine activities below 4 feet from discoveries; Paleontologist the small fossil potential. In the event that paleontological resources are existing surface Notification of inadvertently unearthed during excavation and grading activities of any appropriate agencies; future development project,the paleontologist or contractor shall Preparation of temporarily cease all earth-disturbing activities within a 100-foot radius of excavation plan,as the area of discovery.The qualified professional shall evaluate the needed 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 5 Victory Baptist Church and Townes at Magnolia Mitigation Monitoring and Reporting Program • Ver�ficat'on . Monitoring/ Responsible for • Mitigation,Measures(MMs) �- Implementation Timing ReportingMethods Approval/Monitoring Date Initials.�. 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 shall be Include requirements in bid Review of building Planning and Building required to demonstrate to the Planning Division and Building Division that packages;show on grading plans Department designee building plans meet the applicable Title 24 Energy Efficiency Standards for and construction plans Residential and Nonresidential Buildings(California Code of Regulations Prior to the issuance of [CCR],Title 24, Part 6).These standards are updated, nominally every building permits three years, to incorporate improved energy efficiency technologies and methods. SC GHG-2: Prior to issuance of building permits,the applicant shall be Include requirements in bid Review of building Planning and Building required to demonstrate to the Planning Services Division,that building packages;show on grading plans Department designee plans meet the applicable California Green Building Standards(CalGreen) and construction plans _ Code(24 CCR 11). Prior to the issuance of building permits Noise SC N-1: All construction activities should be limited to the hours between Include requirements in bid Site inspections Planning and Building 7:00 a.m.and 7:00 p.m.in compliance with AMC Section 6.70.0110. packages;show on grading Department designee and construction plans During construction MM N-1:The applicant shall ensure through contract specifications that Include requirements in bid Include requirements Planning and Building construction best management practices(BMPs)be implemented by packages;show on grading in bid packages;show Department designee contractors to reduce construction noise levels.Contract specifications and construction plans on construction plans shall be included in construction documents,which shall be reviewed by the City prior to issuance of a grading or building permit(whichever is During construction Site inspections 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. 6 Victory Baptist Church and Townes at Magnolia Mitigation Monitoring and Reporting Program Verification ,.-. Monitoring/. Responsible for Mitigation Measures(MMs)''; ,Implementation Timing ,Reporting Methods Approval/Monitoring. Date . Initials • 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 the job superintendent receives a complaint,the superintendent shall investigate, take appropriate 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 Building Include requirements in bid Best available control Planning and Building Division shall confirm that construction contract specifications prohibit the -packages;show on grading measures shown on Department designee use of large construction equipment(e.g.,dozers,graders,scrapers, and construction plans construction plans vibratory rollers)capable of generating vibration levels of 0.4 inches-per- second PPV at sensitive receiver locations within 20 feet of adjacent Prior to the issuance of a Site inspections residences. If the contractor can demonstrate that specific pieces of large grading permit construction equipment vibration levels of 0.4 inches-per-second PPV, During grading 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 provisions for Prior to issuance of building Evidence of Planning and Building park and recreational facilities(Anaheim Municipal Code§17.34.010). Prior permit compliance Department designee 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 7 Victory Baptist Church and Townes at Magnolia Mitigation Monitoring and Reporting Program Verification ., Monitoring% Responsible for • ' MitigatiónMeasuresMMs)Measures •; Implementation:°Tithing; ' Reporting.Methods °. 'Approval/Monitoring Date Initials. 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 retained and a Include requirements in bid Contract with approved Planning and Building copy of the executed contract shall be submitted to the City of Anaheim packages;show on grading monitor/consultant Department designee; Planning&Building Department prior to the commencement of and construction plans Monitoring during Native American construction.The Applicant shall be required to retain and compensate forprior to the issuance of a ground disturbance Monitor/Consultant the services of a tribal monitor/consultant who is both approved by the Notice to Proceed for any activities Gabrieleno Band of Mission Indians-Kizh Nation Tribal Government and is ground disturbance listed under the NAHC's Tribal Contact list for the project area.This list is provided by the NAHC.The tribal monitor/consultant shall only be present During ground disturbance on the project site during rough grading activities which are defined as any activities below 4 feet from grading activity occurring at depths below four feet from the existing existing surface surface.The tribal monitor/consultant shall complete daily monitoring logs Immediately stop grading in that will provide descriptions of the day's activities,including construction area of discovery 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 Archaeological Include requirements in bid Contract with approved Planning and Building Resources. Upon discovery of any archaeological resources,construction packages;show on grading monitor/consultant Department designee; activities shall be ceased in the immediate vicinity of the find until the find and construction plans Monitoring during Native American can be assessed.All archaeological resources unearthed by project to the issuance of a ground disturbance Monitor/Consultant construction activities shall be evaluated by the qualified archaeologist and Notice to Proceed for any activities Tribal monitor/consultant approved by the Gabrieleno Band of Mission ground disturbance • Indians-Kizh Nation. If the resources are Native American in origin,the Gabrieleno Band of Mission Indians-Kizh Nation shall coordinate with the During ground disturbance _ Property Owner/Developer regarding treatment and curation of these activities below 4 feet from resources.Typically,the Tribe will request reburial or preservation for existing surface educational purposes.Work may continue on other parts of the project Immediately stop grading in site while evaluation and,if necessary,mitigation takes place(CEQA area of discovery Guidelines Section 15064.5[f]). If a resource is determined by the qualified 8 Victory Baptist Church and Townes at Magnolia Mitigation Monitoring and Reporting Program Verification ring/' Respon ,. . - Monito Bible for . . Mitigation Measures(MMs) Implementation Timing • Reporting Methods Approval/MonitoringDate Initials 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 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. 9 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) • I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2020-054 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of June, 2020 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring and O'Neil NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of June, 2020. 10 CITY CLE' OF THE CITY OF ANAHEIM (SEAL)