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Resolution-PC 2005-69• ~ RESOLUTION NO. PC2005-69 ~ A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION ' RECOMMENDING THAT CITY COUNCIL (A) CERTIFY FINAL : ENVIRONMENTAL IMPACT REPORT N0. 329, (B) ADOPT A" STATEMENT OF FINDINGS OF FACT AND ASTATEMENT OF OVERRIDING CONSIDERATIONS AND (C) ADOPT MITIGATION MONITORWG PROGRAM NO: 132. : WHEREAS, the Anaheim Planning Commission did receive verified Petitions for General Plan Amendment No. 2004-00416, Reclassification No. 2004-00114, Variance No. 2004=04597, Tentative Tract Map No.:16440, for certain real property situated in #he City of Anaheim, County of Orange, State of California, more particularly described as set fiorth in Attachment 1#o`this Resolution and incorporated herein as if set forth in fuil; and WHEREAS, said project is subject to compliance with the provisions of the California Environmental Quality Act of 1970, as amended, ("CEQA") and the State of California Guidelines for the - Implementation of the California Environmental Quality Act (the State CEQA Guidelines ) since said ' ro ect re uires a rovaf of the followin ro osed discretiona actions b#he Cit of Anaheim: i P 1 9 PP 9 P P rY Y Y O General Plan Amendment No: 2004=00416, (ii) Reclassification No. 2004-00114, (iii) Variance No. 2004-' 04597, and Tentative Tracf Map No. 16440, which actions shall hereafter be collectivelyreferred to herein as the "Proposed Actions;" and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipaf Code, Chapter 18.60, to hear and consider evidence for and against said Proposed Actions and #o' investigate and make'findings and recommendations in connection therewith; and WHEREAS, the City of Anaheim is the lead agency for the preparation and consideration of environmental documents for said Proposed Actions, as defined in GEQA and the State CEQA Guidelines; and WHEREAS, the City of Anaheim has prepared, or caused to be prepared, Draft EIR ("DEIR") No. 329 and has consulted with other public agencies, and the general public and given them an opportunity to comment on said DEIR as required by the provisions of CEQA and the State Guidelines; and V1fHEREAS, the City of Anaheim has evaluated the comments received from public agencies and persons who reviewed DEIR No. 329 and has prepared responses to the comments received during the public review period; and WHEREAS, said comments and recommendations received on said DEIR, either verbatim or in summary; a list of persons, organizations and public agencies commenting on the DEIR; , and the responses of the City of Anaheim to significant environmental points raised in the review and consultation process have been included in the DElR No. 329 and a Response to Comments document dated April 6, 2005; and WHEREAS, DEIR No. 329, the Response to Comments document dated April 6, 2005, Mitigation Monitoring Program No. 132 and all documents submitted as part of the public record on DEIR Na 329 form the Final EIR for said project as required by Section 15132 of the State CEQA Guidelines ("FEIR No. 329"); and CR\PC2005-069 -1- PC2005-69 ~ , • i WHEREAS, the City of Anaheim hasprepared a draft Statement of Findings of Fact and Statement of Overriding Considerations relating to FEIR No. 329 in conformance with the requirements of CEQA and the State Guidelines; and WHEREAS, the City of Anaheim desires and intends to use FEIR No: 329 as the environmental documentation required by CEQA and #he State CEQA Guidelines for each of the above- : referenced Proposed Actions to the extent authorized by law; and, WHEREAS, said FEIR and Statement of Findings of Fact and Statement of Overriding Considerations has been presented to and independently considered by the Planning Commission of the : City of. Anaheim for review and consideration'prior to the final approval of, and commitment to, said project; and that said Statement of Findings of Fact and Statement of Overriding'Considerations is hereby modified to delete SRR 3.3-1 pertaining to the waiver of required street standards. ' NOW, THEREFORE, BE IT RESOLVED bythe Planning Commission of the City of Anaheim that the Planning Commission, based upon its review of the Proposed Actions, FEIR No. 329, and the Statement of Findings of Fact and Statement of Overriding Considerations, as revised at the public hearing to delete SRR 3.3-1 as stated above, and having considered evidence presented at the public hearing on the Proposed Actions, does hereby recommend that the City Council, as lead agency for the Proposed Actions; independently review and analyze FEIR No. 329 and find that it reflects the independent judgment of the City Council, and unless additional or contrary information is received during y ° p g p y . 329 and adopt the attached the Cit Council's ublic hearin on the Pro osed Actions, certif FEIR No Statement of Findings of Fact and Statement of Overriding Considerations, as revised, a copy of which is attached hereto marked Attachment No. 2 to this Resolution, and incorporated herein by this reference as if set forth in full herein; and; further, determine the following: that the Proposed Actions are within the - scope of FEIR No. 329; that FEIR No. 329 has been completed in compliancewith CEQA and the State and City,CEQA Guidelines; and, that FEIR No. 329 is adequate to serve as the required environmental documentation for the Proposed Actions. BE IT FURTHER RESOLVED that pursuant to Section 21081.6 of the PublicResources Code, the Planning Commission hereby recommends that the City Council adopt that certain monitoring ' program described as the "Mitigation Monitoring Program No. 132" as revised at the public hearing to mitigate or avoid significant effects on the environment and to ensure compliance during project implementation, a copy of which Program is attached hereto marked Attachment No. 1 to #his Resolution, and incorporated herein by this reference as if set forth in full herein. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 18, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to aypeal procedures. ATTEST: ° ~~~iu-r~-,~.~-~-- . SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION MITIGATION MONITURING'PLAN NO.132 FOR DEER CANYON ESTATES CEQA Action: Bnvironmental ImpactReport No. 329 Proiect Descrintion: The'project applicant, Stonegate Development Company, proposes to construct the Deer Canyon Estates residential development consisting of 35 smgle- family residences. ' Individual units would range from 3,244 to 4,044 square feet on lots,varying from 7,445 to 20,490 square feet. Access to the site would be provided by Deer . Canyon Road, which intersects with Santa Ana Canyon Road. Project elements would include landscaping, architectural elements, development offuel.modification zones; and :• designarion of 13.4 acres of permanent open space: A north-south Regional Trail would be developed along the western edge of the residential development. Project applicarions'for the proposed project include a General Ptan Amendment to reconfigure the Open Space designation on the property and redesignate the land use designation ' for the balance of the site from Estate Density,Residenrial to Low Density ResidenriaL A Reclassificarion would change the zone from T(SC) (Transirion; Scenic Corridor Overlay) to RS-2(SC) (Single-Family,Residential; Scenic Corridor Overiay) and OS (SC) (Open Space; Scenic Corridor Overlay). The project applicant is also requesting a Variance to waive the required minimum front yazd setback on Lot 13. Additional actions would include a vesting tentative tract map, grading permits, formation of a Homeowners Association, encroachment licenses; building permits, ,subdivision improvement plan pernuts, haul route approval and a right-of-way conshuction pernut. Proiect Location: The pioposed project site is located in the'northeastern portion of Orange County in the City of Anaheim. The 32.3-acre site is located in the norkheastern portion of the City of Anaheim and is generally bound by the Riverside Freeway (SR-91) and Santa Ana Canyon Road to the north, with access from Deer Canyon Road, between South Eucalyptus Drive and Fesrival Drive. . Regional access to the proposed project site is provided by the SR-91, with ramp connections at Weir Canyon Road'and Imperial Highway. Terms and Definitions: L PropertyOwner/Developer - Any owner'or developer of reaLproperty within the boundaries of the Deer Canyon Estates project. . 2. Environmental Equivalent/Timing - Any Mitigarion Measure and riming thereof, subject to the approval of the City of Anaheim, which will have the same or superior result and will have the same or superior effect on the environxnent. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalentJtiming" and, if determined necessary, may refer said determination to the Planning Commission. Any ` cost associated with the information required in order to make a determination of environmental equivalency/riming shall be borne by the property owner/developer. Staff time .for reviews will be charged on a time and materials basis at the rate in the City of Anaheim's adopted fee schedule. 3. ' Timing - This is the point where`a mirigation 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 mirigarion measure must be monitored. ` Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Program will occur, as routine City pracrices 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 fmal building and zoning inspecrionspursuant to the building pernut to ensure compliance. - Mitigation Monitoring Plan No. 123 - Page 1 of 22 4. Responsibility of Monitoring - Shall mean that compliance with the subject mitigarion measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. 5. Ongoing Mitigation Measures -.The mitigation measures that are designated to occur on an ongoing_basis as part of this mirigation monitoring program will be monitored'in the form of an annual letter from the property ownerldeveloper in January of each year stating how compliance with the subject measures(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 wi11 occur. For measures that are to be monitored "Ongoing During Construction' ; the annual' letter will review those measures only while construction is occurring; moniforing will be discontinued after construcrion is completed. 4.2 Geology and Soils "sting Regulations & Standard Conditions"' r to issuance of grading and building SC G-1 ' ` Aii grading operations will be conducted in conformance with the Anaheim Public Works permits ` : Municipai Code Title 17 - Land Development and Resources, City of Department, ,` Anaheim Policy Na 211 (Grading Design Manual), and the most recent Development Services version of the Uniform Building Code (UBC). Prior to the issuance of building Division permits, the project applicant shall demonstrate that all structures have been designed in acoordance with the most recent seismic standards in the UBC and approved by the Chief Building OfficiaL The UBC contains provisions , ; that regulate the design and consUuction of excavations, foundations, . retaining walls, and other building elements to control the effects of seismic : ground shaking and adverse soil conditions. Prior to issuance of grading and-building SC G2 In,compliance with the Anaheim Municipal Code, during preparation of final Public Works permits engineering and grading plans, the project applicant shall prepare final soils Department, engineering and geologic studies, and submit these to the City Engineer for Development Services review ' and approvaL The final engineering studies shall address Division : acknowledged soil- and geology-related constraints and hazards identified in this EIR, such as slope stability, settlement, liquefaction, and related secondary seismic hazards. The final engineering studies shalL• • Include an assessment of potential soil-related constraints such as stabiliry of proposed out, fill, and natural slopes. Conduct further _: subsurface exploration to refine geologic structure for cut slope stability. If the report finds stabilization necessary, grading plans shall require corrective measures consistent with Standard Condi6on SC G-1 to address the need forstabilization. . Include an assessment of on-site landslides and appropriate corrective ' measures, such -as further subsurtace exploration of landslide areas beneath planned fills and development areas. '_Corrective measures -,.. .. ~->33 ,:~ _ ,y , . ...~, . . . .. :.. ., _ . .. ... .... ' .:r.•~ 3...~ ~',3~ . , _. . I -" j, .: ~ . 3 ~k . .,p ~ : '~.. . e " T' .'~?,i,,`. . . . . ~. : .:. . a .y~. y~:,. ~ v. ,', , . ;_ „ ~.. ..~:. _:: '. ,...... ::. . .~. ~ . ~ . , c~ b. .. ~ ~ .x:~ . ., _ - / .. i ~.. „ ~.:.. ' . :' f. `~Y F:. , ..'/l ,S2°' , .: . . .. . ,,. ., a. / , .,,. .. ~ ;x .. .. ~ , N would include complete removal, if feasible, stabifization; or buttressing of the landslide. This would involve partial removal of the landslide and stabilizing potentiai future movement with earthen fill or reinforced materials. _ • Evaluate excavation characteristics of on-site earth materials. • Establish specific remedial grading requirements, including but not limited to establishing parameters for stabilizatioNbuttressing of slopes, removai of unstable soil materials • Provide grading, foundation, and structural design recommendations based on findings of future geotechnical investigations. • • Address settlement, liquefaction, and structural design recommendations. Grading pians shall incorporate removal, where feasibie, of all potential liquefiable alluvium. The grading plans shall also ` incorporate placement of engineered fill in canyons. , • Address the potential for expansive soils. Representative soii samples of near-surface soil materials will be collected and tested for expansion potential after the completion of rough grading on site. Expansive soils ` that are detrimental to the , project shall be subject to special buildingffoundation design, deepened foundations, post tension foundations, soil removal, selective grading to blend highly expansive ° soils with soils of low expansivity, moisture conditioning, or other conective measures as recommended by a licensed soils/geotechnical ' engineer and approved by the Ciiy Engineer prior to approval of each grading plan. • Include an evaluation of potentially corrosive soils and recommend appropriate corrective measures. If corrosive soils are found, corrective . . measures consistent with SC G-1 shall be incorporated into the grading plans. • Include appropriate laboratory testing to define soil engineering : parameters. • lnclude a review of seismic of faulting conditions on site. Seismic design parameters identified for the project shall be incorporated into project design as applicable. : Mitigation Measures , Prior to issuance of grading permit MM G-1 Alf grading, site preparation, and construction' activities shaii be performed in Public Works compliance with the recommendations provided in the ' Geotechnical Department, Design Feasibility Investigation prepared for the project by G.A. Nicoll & Associates in Services Division Deer Canyon Estates EIR Na 329 Mitigation Monitoring Plan No: 132 . Page 3 of 22 " Existing Regu/ations & Standard Conditions ' Prior to issuance of grading permit SC H-1 Prior to the issuance of a`grading permit, the project applicant shall be Pubiic Works ` responsible for filing a Notice of intent and the appropriate fees with the Santa' Department, Ana RWQCB -in order to obtain a NPDES Statewide General Permit for Development Services construction activities. Pursuant to the peRnit requirements, the project Division applicant shall submit a SWPPP that incorporates BMPs for minimizing construction related potiutants in the site nanoff. These shall include, but are not limited to the foilowing: . Estabiishment of equipment staging areas and isolation of hazardous ~ materiais from drainage to any streambeds, • Control of construction vehicles and any contaminant leakage; a ban on equipment maintenance within st~eambeds, - • Control of all construction debris; and > • Sediment traps and/or straw bale filters and silt fences. On-going during construction SC H-2 During , construction, long-term operationat BMPs will be installed and/or Public Works constructed by the project applicant as specified in the final Water Quality Department, Management Pian for the project site, which is subject to the approval of the Development Services ~ - City of Anaheim. The WQMP shall be consistent with the Orange County Division and Field Drainage Area Management Plan and the intent of the non-point source Engineering Division - NPDES Permit for Waste D'ischarge Requirements for the County of Orange, Orange County Flood Control District requirements and City of Anaheim requirements. These shall include, but are not limited to the following source control and treatment control BMPs Source Control BMPs . • Provide pcactical informationa{ materials to the first residents, occupants, ' and/or tenants on general housing-keeping practices that contribute to the protection of stormwater quality. These materiais will be initially - developed and provided to first residents/occupants/tenants by the developer. Thereafter, such materials will be available through the HOA. • The HOA and/ortheir designated maintenance contractors wiil maintain common area landscaping in accordance with County of Orange Water ' Conservation Ordinance Na 3802 guidelines for use of fertilizers and pesticides in Appendix F of the DAMP. • Inspection and maintenance of BMPs shall be the responsibiliiy of the HOA and/or their designated maintenance contractors. -- Deer Canyon Estates EIR No. 329 Mitigation Monitoring Plczn Na 132 Page 4 of 22 • The City of Anaheim Fire Department, via the HOA, must ensure compliance with Article 80 of the Uniform Fire Code. - "• The HOA and/or their. designated maintenance contractor shall implement monthly trash management and litter control procedures in the '. common areas aimed at reducing pollution -of drainage' water. The procedures shall' consist of emptying of trash receptacles in common areas, and noting trash disposal violations by tenants/homeowners and reporting the violations to the HOA for investigation. • The HOA wiU provide educationat materials contained in the approved WQMP to employees of the General Contractor regarding housekeeping ~ during construction. After construction, the developmenYs HOA will educate its employees/volunteers a minimum of every six months. • The HOA shall ensure that at least 80 percent of drainage facilities have 'been inspected, cleaned, and maintained on an annual basis, with 100 percent of the facilities included in a two-year period. Cleaning shall take place in the late summer/early fall prior to the start of the rainy season. Drainage facilities include all catch basins (storrn drain inlets), detention basins, retention basins, sediment basins, open drainage channels, and lift stations. . • Storm drains shall be stenciled or labels with text and/or graphical icons illustrating anti-dumping symbols or images of receiving water fauna, to alert the public of the destination of pollutants discharged into the - . stormwater system. The stenciling shall be inspected once every six months for re-stenciling needs, and re-stenciled as necessary. •` The irrigation system shall be designed such that: (1) the timing and application of irrigation water will minimize the runoff of excess irrigation water into the municipal stortn water system; (2) water sensors are -~ functioning property; (3) irrigation heads are adjusted properfy to eliminate overspray onto hardscape areas; and (4) irrigation times and cycte lengths are adjusted in accordance with water demand, given the time of year, weather, and day/night temperatures. • The project shall protect slopes and channels from erosion using : consistent with local codes and ordinance, and with the approval of all agencies with jurisdiction (e.g:, ACOE, RWQCB, CDFG), and include but are not fimited to such methods as (1) convey'mg runoff safely from the tops of slopes, steep or unstable slopes, and natural channels; (2) vegetating slopes with native: or drought tolerant vegetation; (3) controlling or treating water flows in landscaping prior to their reaching Deer Canyon Eslates EIR No. 329 ~ Mitigation Monitoring Plan No. 132 Page 5 of 22 On-going'during construction : SC H-3 During construction, long-term operational BMPs wili be installed and/or Public Works constructed by the project applicant as specified in the final Water Qualiry Department, Management Plan for the project site, which is subject to the approval of the Development Services City of Anaheim. The WQMP shali be consistent with the Orange County Division; Planning Drainage Area Management Plan and the intent of the non-point source NPDES Permit for Waste Discharge Requirements for the County of Department, Building ` Orange, Orange County Flood Control District requirements and City of Division ~ Anaheim requirements. Prior to final occupancy permits ' SC H-4 The installation and maintenance of structural faciiities, and the conduct of Public Works ; non-structural BMPs, will be implemented consistent with the DAMP New Department, Development Appendix guidelines. Development Services : : Division; Planning _ Department, Building ' Division r to final occupancy permits SC H-5 The proposed project shall compiy with Title 22 of the Califomia Code of Public Works Regulations and relevant sections of the California Heaith and Safety Code Department, regarding hazardous waste management. Development Services : Division and Field Engineering Division , ~ u . . : -o,.~' ~ ' :.:~t~ ;i- (~ ~ ~ Yf . . ~ .~. . _ ~ ~y~ . ..~~ . ,y ~ ~ r.. oF ~~'3 - ~ ~ii~k'~ _ .. :q ..:, < ~~. ;- F . ~ s. ... . `. .r .,n ,:. ... , 3~ :, s; "v r ~ .'s:. ~ v. ~ ~,: - , . .. ~ ... ...2+ '` ' w=a ;~:` a. ~ . E' ~-: 3 "... . . .. ., ,. ' ,. ` ~ •'.l .`~~. ~A A.,,F,-,. . . _:. : x ~ ,.. . , .. .. ,,: . . ..... R.. . . , ,,. ,,... _ Prior to finai occupancy permits `` PDF H-1 The existing 27-inch RCP lateral A-3 will be replaced with an appropriately- Public Works ` - sized lateral (appro~mately 36 inches) to accommodate the increase in peak Department, flow in the post-development condition for that iateraL Development Services Division and Field ° ` _ Engineering Division : Prior to final occupancy permits PDF H-2 Two earth-bottom depression areas will be constructed to contain storm water Public Works . runoff and allow forthe capture of storm water so that it slowly infiltrates into Department, the soil, and is more efficiently channeled into the storm water system. Development Services : Division and Field Engineering Division r to final occupancy permits : PDF H-3 Manufactured siopes and other disturbed areas shali be planted according Ptanning Department; ~ : to the landscape plan'and irdgated as soon as practicable after completion planning Services of grading activities. - Division Prior to final occupancy permits PDF H-4 As described in .the landscape pian, a biodegradable mat (burlap or other Planning Department; fabric) ;shaU be laid on top of the soil #o ensure that areas with exposed Planning Services soil/mulch do not contribute to sediment-laden runoff or erosion prior to plant Division . establishment Prior to final occupancy permits ~ PDF H-5': '- In accordance with the recommendations of the Water Quality Management Public Works Plan (ARS Engineering, 2004), the following list of site design features have Department, been incarporated into the projeet design. Development Services - • Minimize the amount of impervious areas and maximize the permeabiiity Division of the project site, by increasing building density, or decreasing the projecYs footprint, to reduce the projecYs impacts to water quality and ~ hydrologic conditions; • Minimize directly connected impervious areas; and • Conserve natural resources areas by clustering development on the least _ ~ . environmentally sensitive portions of a site, while leaving the remaining : _ land in a natural, undisturbed condition. 4.4 Traffic ~ Circulation Existing Regu/ations & Standard Conditions Prior to issuance ofgrading permit SC TG1 Prior to issuance of a grading permit, the applicant shall submit a construction Public Works ` area traffic-management plan to the City Traffic Engineer for review and Department, approval. The plan shall be prepared by a registered Civil Engi~eer and shall Development Services ' address traffic control for any street closure, detour, or other disruption to Division traffic circulation. The plan shall identity the routes that construction vehicles will utilize to access the site, hours of construction traffic, traffic controls and detours, off-site vehicle staging and parking areas, and proposed construction ,a .. ; . . 3 ~.. .~. ... ~ ,~. .~. FW, r«. .. ,,. .. „ , . z '~. ~ x r "., ~~ ., ... , .. .~s.~ Y.i3n?P,~ _ ~ ~:. ~ ~~ ~ Y`l:. .- ~~l ,;_, . .~, _ ~ ~'a`~ ..'x~ ~~ ~ .^ . : ?. . ~ . . ~ ~. ._ ~~ ' ~ ~- e \, ' ~ a ,e:a i :.. ~ :..< .... . ~, h ~' '~:. ,,:, ~ , v~ - ~ ~ /~„''vi. 333C~ E %~ ~:'!.s ~ . '~ 3:~"' a F : hasin lan for the ro ect. The lan shall re uire the a hcant to kee all , P 9P P 1 p q Pp~ P haul routes clean and free of debris including but not limited to dirt as a resutt : of its operations. Mitigation Measures . Prior to issuance of grading and building MM TC-1 The project applicant shaU reserve aportion of the existing Deer Canyon Public Works pe~~~ ; . maintenance road for future improvement as a public park access roadway. Department, Development Services Division Prior.to commencement of intersection MM TC-2` : The projecf applicant shall be responsible for contribution of the projecYs Public Works improvements fair-share cost toward the improvement of the intersection at Santa Ana Department, ~ ' Canyon Road and Deer Canyon Road, including the instailation of a traffic signat' and roadway widening The fair-share cost shall be calculated by the Development Services . Division City of Anaheim Public Works Department once the development density and accesspoints are determined for other,development projects in the - area The developer is only required to construct those improvements necessary to safely serve the development. The exact limits of the required - improvements wiil be determined thought final engineering plans for the . intersection. The improvements shall be constructed prior to finai building and zoning inspections. - 4.5 Air Quality Existing Regulations & Standard Conditions Priorto issuance of grading permit SC AQ-1 `Prior to issuance of a:grading permit, the City Building Official shall verify that a Public Works requirement for compliance with SCAQMD regulations is included in the contractor Department, plans and specifications. All construction contractors shall comply with SCAQMD Development Services regulations, including Rule 402, the Nuisance Rule, and Rule 403, Fugitive Dus~ Division The area undergoing grading is below the minimum size of 100 acres for which Rule'403 requires that a grading plan be developed and submitted to the District ~ prior to beginning work. The nale requires that all grading projects apply best : available control measures'for fugitive dust. To ensure that the project is in full compliance'with both dust and nuisance regulations, the contractor will do all of the 'following (Impacts 4.5-1 and 4.5-2): _ • Submit a grading and a fugitive dust control plan to the SCAQM0. Following approval of the control strategy contained in the plan, the ` contractor shap maintain daily records to document the spec~c actions taken throughout the grading pe~iod and shall make such records available ; to the Executive ~cer of the SCAQMD, upon request. Consistent with requirements in Rule`' 403 for fugitive dust 'control p{an approval, the contractor shall provide the names and addresses of persons responsible for preparation, submittal, and implementation of the plan; describe aN operations; including providing a map depicting the site location; list all Mitigation Monitoring Plan No. 132 ` Page 8 of 22 ~_ .,~ . , , • ~-F;,~^ 's~ L ,yb . . ,. , ' . : :.. •i . .. m:.~,i.~ " i ~ ' ~.~ ~ ~ ; . ~,Z'~ . ~ R 3 i ~'d ~~ ;~ 3 .Y- ~ "m 3. 3" i~ . . ~ ~Y ~.v~ „d,,. ,~ ;' ~ , > >» . ., ..s ., . . ~ y ' .~ a' . ' :^x:" , r . ..: ci .W v':' . _ v "n`: ' ,.s . .. . . .,._. . . .. , . ... . . ., J, ry. ..., .... , , : ° .tif~ 3 , .. . .. ~ q . :- `" ~ . . . , ~( if ~ . . . . . , . sources of fugitive dust emissions within the property lines; and describe' - the required control measures applicable to each of the identified fugitive dust sources. The contractor shall amend the control strategy if requested bythe SCAQMD. The control strategy shall include the following actions: - a) Moisten the soil not more than 15 minutes prior to moving soii and three . times a`day or four times a day under windy conditions in order to - maintain soii moisture of 12 percent. b) On the last_ day of active operations prior to a weekend, holiday, or any other period when active operations will not occur for four or more days, apply water with a chemical stabilizer diluted to not less than 1/20 of the concentration required to maintain a stabilized surface for a period of six months. ~ c) Apply chemical stabilizers to disturbed surface areas (completed grading areas) within five days of completing grading or apply dust suppressants or vegetation sufficient to maintain a stabilized surface for six months. d) Water excavated soil piles hourly or cover with temporary coverings. e) Water exposed surfaces not undergoing active grading at lease twice a day under caim conditions. Water as often as needed on windy days when winds are less than 25 miles per hour or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site. ~ Wash 'mud-covered tires and under-carriages of trucks leaving construction site, g) Provide for street . sweeping, as needed, on adjacent roadways to < remove dirt dropped by construction vehicles or mud which wouid otherwise be carried off by trucks departing project sites. h) ' On any truck leaving the construction sites to dispose of debris, securely cover loads with a tight fitting tarp. i) Cease grading during periods when winds exceed 25 miles per hour. Mitigation Measures ' ~ng grading and construction activities' MM AQ-1 In order to reduce engine emissions related to conventional gasoline-powered Public Works engines, the contracto~ shall restrict vehicular and equipment operation to Department, those powered by aqueous diesel fuel to the extent practicaL Development Services Division and Field Engineering Division : During grading and construction activities ° MM AQ-2 The contractor shaU require that all vehicles be maintained to manufacturer's Public Works specifications. Department, Development Services Division and Field Engineering Division During grading and construction activities MM AQ-3 The contractor shall be instructed to minimize any unnecessary use of ` Public Works - construction equipment. `All equipment and vehicles shall be turned off Deer Canyon Estates EIR No. 329 Mitigation Monitoring Plan No. 132' Page 9 of 22 when not in use for more than five minutes. Department, ; _ Development Services _ Division and Field Engineering Division 4.6 Noise Existing Regulations & Standard CondiGons During grading and construction activities - SC N-1 The City of Anaheim has adopted a Noise Ordinance that restricts Planning Department, construction activities to the hours between 7 p.m. and 7 a.m. All noise Community generating construction activities shall be limited to the hours between 7 a.m. Preservation Division ;_and 7 p.m. ~ to the issuance of the construction SC N-2 ; . Prior to the issuance of the construction notice to proceed (NTP), the City Planning Department, ce toproceed shall require contractors to produce evidence that: Community 1) All construction vehicles or equipment, fixed or mobile, operated within preservation Division 1,000' of a dwelling shall be equipped with properly operating and maintained mufflers. ` 2) Ap operations shall compty with all applicable provisions of the City of Anaheim Noise'Ordinance. Mitigation Measures Prior to issuance of building permit `` MM N-1 ` The project applicant shall require that mechanical ventilation adequate to Planning Department, meet the 45 CNEL interior hoise standard is provided in all proposed Community dwelling units. This required attenuation will be best achieved while Preservation Division ` windows are closed. Therefore, adequate ventilation will be provided per the Uniform Building Code. 4.7 Biological Resources Existing Regulations & Standard Conditions '` Prior to issuance of grading permit SC 4.7-1 Section 1600 of the California Fish and Game Code. Prior to issuance of Planning Department; ; a grading permit, the property owner/developer shall provide evidence to Planning Services ~ the City Pianning Director that compiiance with the provisions of Section Division 1602 of the Califomia Fish and Game Code have been complied with (i.e., that a Streambed Alteration Agreement govemed by California Fish and Game Code Section 1603 has been obtained). Proposed mitigation for impacts to ACOE jurisdiction are provided below in MM B-2 and MM B-9. Prior to issuance of grading permit SC 4.7-2 ' Section 404 of the C/ean Water Act. Prior to issuance of a grading Planning Department; ` permit, the property owneNdevelope~ shaA provide written evidence to the Pianning Secvices City Planning Director that a Section 404 permit has been obtained from the Division _ ACOE. Proposed mitigation for impacts to ACOE jurisdiction are provided below in MM B-2 and MM B-9. Prior to issuance of grading permit SC4.7-3 ` Section 401 of the Clean Water Act Prior to issuance of a grading Planning Department; _ permit, the property ownerldeveloper shall provide written evidence to the Planning Services Deer Canyon Estates EIR No. 329 Mitigation Monitoring Plan No: 132 . Page 10 of 22 Prior to issuance of grading permit _ PDF &1 Resource Avoidance: The proposed project includes 13.4 acres of Planning Department; ` preserved open space: Approximateiy 41.5 percent of the Deer Canyon Planning Services Estates project site would remain within open space. This wouid be 4.8 ac~es Division (5.8 percent) more Open Space than if the site were developed with the existing General `Plan land use designation and zoning. Overall, the > establishment of perrnanent open space wili enable the project ta • Avoid impacts to CSS and CSS species; ~ • Permanently protect a significant riparian open space resources adjacenfto and west of Deer Canyon Road. This resource includes the : ` blue Itne stream itself, as well as the associated dense chaparral, willow riparian forest, and coast live oak riparian forest; and • Permanently protect 0.45 acre (84.9 percent) of ACOE jurisdictional ; area and 2.73 acres (96.5 percent) of CDFG jurisdictional area within I the project site. Prior to issuance of grading permit PDF B-2 ;~Idlife Movement Protection. To protect and preserve wildlife Planning Department; movement, the project design wili accommodate the connection of pianning Services remaining open space areas by minimization of lighting within the Division development area, and the shielding and/or directing of lighting along the ` perimeter of the development away from open space areas. During construction activities PDF B-3 Water Quality Features. As discussed in Section 4.3, Hydrology/Water Public Works Quality a number of Best Management Practices (BMPs) are planned Department, inctuding swates, biofiltration areas, and other effective measures. All Development Services treatment BMPs are combined with source control and site design Division and Field measures, as required by the Drainage Area Management Plan (DAMP). Engineering Division ~ : Protection of water quality reduces impacts to the species that occupy or use these areas. Mitigation Measures ' Prior to grading permits MM 6-1 Prior to project construction, a focused survey will be conducted on the Planning Department; project site for the westem spadefoot toad during the breeding season for Planning Services , this species (Februarythrough May). `The survey results will be submitted Division within 45 days after completion of the last survey to the CDFG for . concurrence. If it is determined that the westem spadefoot is not present on the project site, then no further mitigation is necessary. However, if the westem spadefoot.is located on the project site, the~ a relocation program will be developed. The relocation program will include a detailed methodology for locating, capturing, and reloca6ng individuals prior to construction: The program wi1C identify a suitable location for relocation of Deer Canyon Estates EIR No. 329 Mitigation Monitoring Plan No. 132 Page 11 oJ22 ~ . _ ,. ~ - ~ ~z ~ ; ~ d.., ~ ,'- . ° ~s ' ~ . . ....,.;,. . :> ~ A. .. .. . . . ..., _ . < ;,;- 3 r ~_ Y'3 .+:x. c i-'.`-.,_~ , . . ' 11 . 3~., r T. ~:~ .,'. , ....: ::• ,> >, ,..,, . . ,,. .. n .~ ~ ~~ ~ ~~ ~ a ~ ' , .. . _ , " :; ,. _ „ ~ . - ~.. .. 4:a.,;~- 5; .. ~ ' the westem spadefoof prior to capture. The relocation program will require a biologist with the necessary permits for handling the westem spadefoot. Prior to implementation of the relocation program, CDFG shall approve the program andthe biologist(s) implementing the program. `. Prior to issuance of grading permits and MM B-2 . - Coastal sage scrub and coastal Califomia gnatcatcher mitigation will be Planning Department; throughout construction and project ' deteRnined through the Section 7 consultation process with USFWS and planning Services implementation the ACOE. This process will define the type, level and location of mitigation Division for coastai sage scrub and coastal California gnatcatcher impacts. Mitigation wili be consistent with the local subregional habitat conservation plan. Impacted coastal sage scrub on the project site indudes occupied gnatcatcher habitat; therefore, a portion of the mitigation will require occupied habitat. _ ~ Mitigation options include: (1) creation/restoration of habitat on property _ adjacent to the project site; (2) creation/restoration or preservation of habitat at Puente Hills Landfiil Native Habitat Preserve; (3) other local property that has occupied and unoccupied habitat; (4) preservation of occupied and unoccupied`coastal sage scrub habitat in a bank such as the Viejo Conservation Bank in Orange County; (5) preservation of occupied and unoccupied coastal sage scrub habitat in other portions of Orange County and Riverside County; or (6) other mitigation options developed in conjunction with USFWS and ACOE. Once the mitigation plan is accepted by the ACOE and USFWS, the USFWS wiil issue a Biological Opinion to the ACOE. `The ACOEwill incorporate the mitigation plan as part of the termsand conditions of its 404 permit. Construction related minimization mitigation measures related to _ . development are as foilows: a. `. No grading of coastal sage scrub habitat that is occupied by nesting gnatcatchers will occur during the breeding season (February 15 - through August 30). It is expressly understood that this provision and ~ the remaining provisions of these "construction-related minimization measures," are subject to public health and safety considerations. These considerations include unexpected slope stabilization, erosion control measures and emergency facility repairs. In the event of such public health and safety circumstances, landowners or public agencies/utilities wil{ provide USFWS/CDFG with the maximum prac6cable notice (or such notice as is specified in the NCCP/HCP) to aNow for, capture of gnatcatchers, cactus wrens, and any other coastal sage scrub Identified Species that are not otherwise flushed and will carry out the following measures only to the extent as practicabie in the ' context of the public health and safety considerations. . b. Prior to the commencement of grading operations or other activities involving significant soil disturbance, all areas of coastal sage scrub habitat to be avoided under the provisions of the NCCP/HCP, will be - Deer Canyon Estates EIR No. 329 ' Mitigation Monitoring Plan Na 132 Page 12 of 22 , ~, . ,,: , ,.,, .., , _ ,: ~;~. ,,:;~ ~. „ „ ~. ~, _ ~.. ,. ~: ~;: ~: - .~ ,~ ~... . . . ,~,; x. ~ ,: ~ ,., ~ . c~ ,n „ . _. ~ , , ~ ~ ~. ,. ,,, ~_ _, .,; ~ identified with temporary fencing or other markers ctearly visible to construction- personneL Additionally, prior to the commencement of grading operations oc other activities involving disturbance of coastal sage scrub,"a survey will be conducted to locate gnatcatchers and cactus wrens within 100 feet of the outer extent of : projected soil disturbance activities and the locations of any such species will be : . cteady marked and identified an the construetion/grading plans. a A` monitoring'biologist, acceptable to USFWS/CDFG will be onsite during any clearing of coastal sage scrub. The landowner or retevant public agency/ utility will advise:USFWS/CDFG at least seven calendar days (and preferably 14 calendar days) prior to the clearing of any habitat occupied by Identified Species to allow USFWS/CDFG to work with the monitoring biologist in connection with bird flushing capture . activities. The monitoring biologist will flush Identified Species (avian or, other 'mobile Identified `Species) from occupied habitat areas immediately prior to brush-clearing and earth-moving activities. If birds cannot be. flushed,°they wiU be captu~ed in mist nets, if feasible, and relocated to areas of the site to be protected or to the NCCP/HCP Reserve System. It will be the responsibility of the monitoring biologist to assure that identified bird species will not be directly impacted by - brush-clearing and earth-moving equipment in a manner that also , allows for construction activities on a timely basis. d. Following the completion of initial grading/earth movement activities, all areas of coastal sage scrub habitat to be avoided by construction equipment and personnel will be marked with temporary fencing or other appropriate markers ciearly visible to construction personneL No - -construction access, parking, or storage of equipment will be permitted within such marked areas. - e. In areas bordering the NCCP Reserve System or Special Linkage/Special Management areas containing significant coastal sage scrub identified in the NCCP/HCP for protection, vehicle transportation routes beiween cut-and-fill locations will be restricted to a minimum ~ number - during construction consistent with project construction requirements. Waste dirt or rubble wifl not be deposited on adjacent coastal sage scrub identified in the NCCP/HCP for protection. Pre- construction meetings involving the monitoring biologist, construction supervisors and equipment operators will be conducted and documented to ensure maximum practicable adherence to these measures. f. Coastal sage scrub identified in the NCCP/HCP for protection and located within the likely dust drift radius of construction areas will be periodically sprayed with water to reduce accumulated dust on the leaves as recommended by the monitoring biologist. Seven days prior to the onset of MM B-3 Seven days prior to the onset of construction activities, a qualified biologist Pianning Department; construction activities ` will survey within the limits of project disturbance for the presence of any Planning Services Deer Canyon Estates EIR No. 329 Mitigation Monitoring Plan No. 132 Page 73 of 22 active ,raptor nests (common or special status). Any nest found during Division survey,efforts wili be mapped on the construction plans. If no active nests ` are found, no further mitigation would be reguired Results of the surveys . will be provided to the'CDFG and the Planning Services Division. If nesting activity is present at any raptor nest site, the active site will be protected until nesting ac6vity has ended to ensure compliance with Seetion 3503.5 of the California Fish and Game Code. Nesting activity for raptors in the region of the project site normally occurs from February 1 to June 30. To protect any nest site, the following restrictions on construction are required between February 1 and June 30 (or until nests are no longer active as determined by a qualified biologist): 1) clearing limits will be ~ established a minimum of 300 feet in any direction from any occupied nest and 2),access and surveying will be resficted within 200 feet of any - occupied nest. Any encroachment into the 300/200 foot buffer area around '' the known nest wiil only be allowed if it is determined by a qualified biologist : that the proposed activiry will not disturb the nest occupants. Cor-struction during #he non-nesting season can occur only at the sites ff a qualified : biologist has determined that fledglings have left the nest If an active nest is obsenred during the non-nesting season, the nest site ` - will be monitored by a qualified biologist, and when the raptor is away from : the nest, the biologist will flush any raptor to open space areas. The biologist will then remove the nest site so raptors cannot retum to a nest. Prior to issuance of grading peRnits MM B-4 ` ' The most noise intensive portions of construction (grubbing and to the Public Works ~ maximum extent practicable, mass grading) shouid be conducted outside of Department, the breeding season for the coastal Califomia gnatcatcher (February 15 to Development Services August 30) in order#o avoid disturbance to nesting gnatcatchers and any Division and Field ` other special status bird species that may be nesting on or in the vicinity of the site: If construction cannot be avoided during this time period, then the Engineering Division following minimization measures wilt be implemented: a. A biologist that holds the necessary USFWS/CDFG permits to monitor . coastal California gnatcatcher nests wilt be retained by the landowner or relevant public agency/utility during all construction activities that ' occur during the gnatcatcher breeding season (February 15 to August 30); if there is the potential that construction activities will occur within 500 feet of an active gnatcatcher nest. The landowner or re{evant public agency/utility will advise USFWS/CDFG at least seven calendar days (and `preferably 14 calendar days) prior to any construction activities that occur within 500 feet of any habitat occupied by the gnatcatcher during its breeding season. b. A noise .monitoring program will be developed to ensure that noise impacts are less than 60 dBA at the gnatcatcher nest throughout the breeding season. Deer Canyon Estates EIR No. 329 Mitigation Monitoring Plan No. 132 Page 14 of 22 . ,: ,~ e. . _ ...~ , , ~ £ . , f ' ., i. ... .. ...,,. . ~x. ,yr . 3„v ~ , ~... ~ „ ~ ' .- ~ ... ~ r i ~^ ~Y :` ~ ~ ~ ~ t ~ 3 ~ 3 i~ i~ ~ ~ ~ __ $' ::~ :3 ~ ,~ , ,~.._ m ~ . -, ~ ~ ~r h:. 4M. " ar . ., _ ~ .,. 1 , x,.: .. ,;.. ,r. .....~.., . ~.~ „ ~ ~`~ ~. „ ,_ Prior to issuance of building permits ` MM B-5 A lighting plan will be submitted to the County for review to demonstrate Planning Department; that lighting from the proposed project will be directed away from natural Planning Services open space areas on and adjacent to the project site. Division , :Prior to final occupancy permits MM B-6 To limit the amount of human disturbance to natural open space areas Planning Department; remaining in the project site, a fencing plan will be submitted to the County. planning Services Prior to obtaining occupancy permits, signs and split-rail fencing (the latter, Division : if appropriate) will be posted directing people to keep out of the natural open space areas and revegetation areas (if applicable). In addition, the Project Applicant wili be required to post signage stating that dogs will be , required to be leashed in areas (e.g., parks) near the natural open space areas. r to issuance of grading permit MM B-7 Prior to the issuance of a grading permit, the project applicant will apply for Public Works ~ coverage under the State Water Resources Control Board's General Permit Department, for Storm Water Discharge Associated with Construction Activity Development Services (Construction Activities General NPDES Permit) and wiil comply with ali the Division and Field provisions of the permit, including the development of a Storm Water - Pollution PreventionPlan, which includes provisions for the implementation Engineering Division of Best Management Practices and erosion control measures. Best Management Practices will include both structural and non-structurai measures. Stormwater filters or other approved mitigation practices would be installed or used as needed. - Prior to landscape planting MM B-8 Landscape designs wiil be submitted to the City for review and approval by Pianning Department; a qualified biotogist. The review will ensure that no invasive, exotic plant planning Services species are used in the proposed landscaping, and that suitable substitutes Division are proposed. Ideally, only native species should be used adjacent to the open space areas. Natives used shouid include coastal sage scrub and riparian species that currently occur on the project site. Prior to final submittal of ACOE/CDFG . MM B-9 Mitigation wiil consist of a combination of either on and/or off-site Planning Department; applications restoration and enhancement of riparian habitat at the ratio identified in the planning Services project applicant's ACOE and CDFG permit/agreement application for the Division ~ proposed project. The ratio will be a minimum of 1:1. Impacts are considered less than significant after implementation of the foilowing mitigation measures: ^ Prior to the final submittal of an application for an ACOE permit or CDFG agreement, the Project Applicant wiil develop a riparian restoration and enhancement plan for the ACOE and CDFG. The objective of the plan will be to ensure no net loss of habitat values as a result of the project and may include presenration, restoration, and enhancement within the project site and/or off-site. The Project Applicant will implement the mitigation plan, as approved by the resource agencies, and according to guidelines and performance standards of the plan. Prior to implementation, a detailed riparian restoration and enhancement plan will be Deer Canyon Estates EIR Na 329 Mitigation Monitoring Plan No. 132 Page 1 S of 22 ~,~ e._. ~ _ , , , ~. ~ ~ ~ ~ r ~ - , , .. y ~. r: ~ ; ~~~, ° ~-'~ ~ ~ ~~~ ~ ~t ~ ~ , <. ,~ , ~ ~ , , _ __ ~. ~' ~~ , ~~, , . , „ . ,. , . , ~§> 3 ~. :. r> :. .~~~~~ .. ~... .,,. . ~ .. , x . s .. ,,, ... . developed and will contain the following items: a: Responsibilities and qualificafions of the personne! to implemenf and supervise the plan. The responsibilities of the landowner, specialists and maintenance personnel that will supervise and implement the plan will be specified. b. Site selection. Restoration and enhancement mitigation site selection for the mitigation wili be determined in coordination : with the Project Applicant and resource agencies: The mitigation site(s) wiU-be located within the project site in a dedicated open space area or on land that will be dedicated and/or purchased off-site. c. Site preparation and pianting impiementation. The site preparation wili include: (1) protection of existing native species; ~ (2) trash and :weed removal; (3) native species saivage and reuse (i.e., duf~; (4) soil treatments (i.e., imprinting, de- ` compacting); (5) temporary irrigation installation; (6) erosion controt measures (i.e., rice or willow wattles); (7) seed mix application; and (8) container species. `, d. Schedule. A schedule will be developed which includes planting to occur in late fall and early winter, beiween October and January 30. e. Maintenance p~an/guidelines. The maintenance plan will include: (1) weed control; (2) herbivory control; .(3)trash removal; (4) irrigation system maintenance; (5) maintenance training; and_(6) replacement planting. f. Monitoring P/an. The monitoring plan will inciude: (1) qualitative monitoring (i.e., photographs and general observations); (2) quantitative monitoring (i.e., randomly piaced transects); (3) perforrnance criteria as approved by the resource agencies; (4) monthly reports for the first year, and bimonthly thereafter; and (5) annual reports for three to five years, which will be submitted to the resource agencies on an annuat basis. . The site will be monitored and maintained for five years to ensure successful establishment of riparian habitat within the - restored and created areas; however, if there is successful coverage prior to five years, the project applicant may request from ACOE and CDFG to be released from monitoring requirements. g. Long-Term Preservation. long-Term Preservation of the site will aiso be' outlined in the restoration and enhancement plan to ensure the mitigation site will not be impacted by future .. development. _ , 4.8 Aesthetics ' : Exfsting Regu/ations & Standard Conditions - Deer Canyon EstatesElR Na 329 Mitigation Monitoring Plan Na 132 Page 16 of 22 ~" _ _ Prior to issuance of grading and building SC A-1 : All grading operations' wili be conducted in conformance with the Anaheim Public Works permits . Municipal Code, TiUe 17-Land Development and Resources, City of Anaheim Department, Policy No. 211 (Grading Design Manual) and the most ~ecent version of the Development Services `Unfform Building Code (UBC). Prior to issuance of building permits, the Division and Fieid project applicant shall demonstrate that graded areas will be compatible with Engineerir~g Division natural-landform characteristics. Criteria to achieve the desired effect may and Pianning include: ' Department, Planning a. Recontouring the existing landforms to provide a smooth and gradual Services Division transition between graded slopes and existing grade while preserving the basic topographic character of the existing site. . - b. Attempting to balance between cut and fill within the overall a~ea to ~ eliminate an off-site and import/export situation. c. Obscuring slope drainage structures with a variety of plant materials. d. lncorporation of architectural and design techniques into the project in order to minimize grading and enhance off-site views (e.g., split levels, terracing; ciustering). e. Presenration of visual opportunities from hilisides by providing for panoramic views from selected locations (e.g., view corridors, sensitive ' ' landscape placement). Prior to issuance`of precise grading permits SC A-2 Prior to issuance of precise grading permits, the project applicant shall Planning Department; ' prepare a detailedJandscape plan for the project area, which shall be Planning Services approved by the City of Anaheim. The plan shall be certified by a licensed Division landscape architect or a licensed landscape contractor, as required, and be prepared in compliance with Section 17.06 of the City of Anaheim Municipal Code to blend landscape features with the existing environment. In addition, the landscape pian shall incorporate an irrigation plan and take _ into account approved preliminary landscape pians (if any) contained in the City of Anaheim Standard Plans for landscape areas, adopted plant palette ' guides, and applicable scenic and visual resflurces requirements. Prior to issuance of any building perrnit SC A-3 ' Prior to issuance of any building permit, the project applicant shall Planning Department; ~ demonstrate that all exterior lighting has been designed and located so that Planning Services all rays are confined to the property in a manner meeting the approval of the Division City of Anaheim. ProjectDesign Features During construction ac6vities PDF A-1` Approximately 575.81ineaf feet of retaining loffel walls wiil be provided at Planning Department; three separate locations throughout the project site (refer to Exhibit 3-7, Planning Services Section 3.0. Project Description). The loffel walls shall be pla~ted with Division landscape materials consistent with the proposed landscape plan. 4.9 Cultural Resources Existing Regu/ations 6 Standard Conditlons During grading and excavation activi6es SC G1 Should any archaeological resources be uncovered during grading or Pubiic Works excavation activities, these acUvities will be diverted to a part of the site Department, Deer Canyon Estates EIR No. 329 Mitigation Monitoring Plan No. ,132 _ Page 17 of 22 ~.. -.~ .. . /~:: ...,. ~ . y _ . • .~.. \ ~... cs ';, ' ~ . Wf - _ ~ . -. ~ _ rn. . ,: ~ a . , . , ~ , ~ °~ ,~ ~ay, < .. , ~ [ : ' . . . ~' ` , ,• ~. ° ..:.~ i ~ ~ a b . :.. ; .." _ ..m , . .~ . 'w .v. ~ . ~ - . . . i : . ' :~:' x . : ~ .. , _ " x ~I~: a ~.. ~.. .` ,.uX .. ,.. .. ... . , .: _ ., . .. . . f a yd , :~ d H y331 ~ ., a n ~ . .. .v.u ~ - away from the find, and a certified archaeologist shall be contacted by the Development Services ` ' City of:Anaheim or its representative to: (1) ascertain the significance of the Division and Field resource, (2) estabiish protocoi with the City.of Anaheim to protect such ` Engineering Division < resources„(3) ascertain the presence of additional resou~ces, and (4) provide additional monitoring of the site, if deemed appropriate. and Planning Department, Planning _ Services Division During grading and excavation activities `,` SC G2 : . Should any paleontological resources be uncovered during grading or Public Works excavation activities, these activities will be diverted to a part of the site away Department, from the find, and a certified paleontologist shall be contacted by the City of Development Services : Anaheim or its representative ta (1) ascertain the significance of the Division and Field ~ resources, (2) establish protocol with the County of Orange to protect such resources; (3) ascertain the presence of additional resources; and (4) provide Engineering Division and Planning additional monitoring of the site, if deemed appropriate. Department, Planning _ Services Division During grading and excavation activities SC G3 In accordance with Public Resources Code 5097.94, ff human remains are Public Works found, the Orange County coroner must be notified within 24 hours of the Department, discovery. If the coroner determines that the remains are not recent, the Development Services coroner will notify the Native American Heritage Commission in Sacramento pivision and Field to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the Engineering Division; property owner the disposition of the human remains. Planning Department, . _ Planning Services ~ Division and Orange - _ Counry Coroner Mitigation Measures Prior to issuance of a grading permit MM G1 Prior to the issuance of a grading permit, a paleontological resource Public Works monitoring plan shall be developed by a Certified Paleontologist. This plan Department, . shall include a grading observation schedule to be maintained when grading Development Services ` in bedrock units to further evaluate the fossil resources of the site. An Orange County Certified Paleontologist shall be retained to attend pre- Division grade meetings and to monitor earthmoving activities, including clearing, grubbing, and trenching at the site. The archaeologist/paleontologist would carefully inspect this area to assess the potential for significant prehistoric orhistoric remains. If potential paleontological resources are uncovered, _ then a subsurface evaluation may be needed to assess the resource. : Further subsurface investigation may be needed if the site is determined ' unique/important for its prehistoric information. Mitigation Monitoring Plan Na 132 Page 18 of 22 ' <... .. ~,ae<. . 33:: .. . .:~.< ,. .._ . ~... £. ;~.. ~ , _, ....~<. ., «.. ~ :.:.: . .: . ~~. ~ 35 . u p?.. ~ .w,~. . S ' •:w ; , ,., __. y; _~~. ~ ~ s~ ~~ .:,: ~ --~ ~ ~ " ' ~p „ . ~ ; ' , , :.,. ~ u: . ~ . , ~ .~ , , il ~., ... ., . ': . . ~ .~ : < . . a " ~ (~ ~'' - .;« - , . :.~ ,... °i..~ .,,. x. ~,. ,._ ~:., :., ,,, ' ,. .- -. ., i. " ~ ~ S. .:~~':~3 ... 3:?. - .. . . . ,. ....~,... . .. <. ,..: 61'~ . .~r 3 : --' C: . ~ ~. ~. ~ During grading and excavation activities MM G2 Salvage operations shallbe initiated and coordinated with the developer if Pubiic Works significar-t concentrations of fossi4s are encountered: {n the event that Department, - fossils are exposed, the paleontologist shall be aliowed to divert or direct Development Services ` ` grading in the-area of exposure to facilitate evaluation and, if identified as Division and Field potentially significant, to salvage significant fossils. ' Engineering Division During grading and excavation activities MM C-3 ': Fossils coilected shaii be prepared and identified by a qualified Public Works paleontologist. Excavated significant fossil finds shall be offered, on a first Department, right of-refusal basis, to a repository with a retrievable collection system and Development Services an educational and research interest in the materials such as the Fowler _ Museum of Cultural History (UCLA) and Califomia State University, Division and Fieid Fullerton. Engineering Division Recreation ~ting Regu/ations & Standard Conditions `; - Prior to Tentative Tract Map Approval SC P-1 The .proposed project shall comply with the City of Anaheim park dedication Community Services : requirements"that require new development to ensure that iwo acres of Department; Planning ` parkland will be developed for each 1,000 residents generated by the project. Department Planning Compliance with this park dedication requirement through direct payment of Services Division fees in lieu of dedication shail be confirmed by the Planning Director prior to . aPproval of a tentative tract map. Project Design Features During construction PDF P-1 The north-south Regional hiking trail located on the project site will be Community Services constructed by the project developer as a part of project development. Department; Planning Department Planning Services Division Prior to issuance of building permits ' PDF P-2 The applicant will provide an offer of dedication for trail purposes across Lot Community Services A, explicitly for the development of the East Hills trail. Department; Pianning Department Planning Services Division eL.11 Public Services & Utilities , Fire Protection Exis6ngRegu/ations & Standard Condi6ons Prior to approval of Tentative Tract Map SC P$U-1 Prior to approval of tentative tract maps, a preliminary fuel modification plan shall be submitted to and approved by the Fire Department prior to approval of tentative tract maps, and a final fuel modification plan must be approved prior_to issuance of a grading permit. Prior to issuance of building permits - SC PSU-2 The City of Anaheim Fire Department is currentiy undertaking a study to - develop a structure for city-wide development impact fees. Should the adoption of these fees become effective prior to building permits for this Deer Canyon Estates EIR No. 329 - Fire Department Fire Department Mitigation Monitoring Plan No. 132 Page 19 of 22 , . , ~, ~, . ~~ . ~~ ,w, .. „ , , ~, . ~ ~. , ~. w. - ,~, a , ~ : u~ , - n, . 3, ~~ o~ < , ,. ~~ ~ ~ z ;... . ~,,. :~, ~ _. . . ~,. ~ _. _ ~~, ,~ _ .u. , ~ . ~. , project, the developer.will be required to pay the fees in effect at that time. ' Project Design Featuies ` < Prior to final occupancy permits ' PDF PSU-1 The project shall provide sprinkler systems as fire protection features for all Fire Department _ proposed ~esidential units. The sprinkier systems shall be built in accordance with City of Anaheim Fire Department Standards. Schools Existing Regu/ations &' Standard Conditions ' Prior to issuance of building permits , SC PSU-3 : Prior.to issuance of a building permit, the project appiicant shail enfer into Orange Unified School an SB 50 compliance agreement with the Orange Unified Schooi District, District Officiai and and pay the required developer fees. The amount of the fees to be paid Planning Department, shall be determined based on the established state formula for determining guilding Division school'fees. er Service _ _ - ` 'Fxisting Regulations'& Standard Conditions Prior to approval of water improvement plans SC PSU-4 Prior to the approval of the water improvement plans for the proposed project, Utilities Department; the Project Applicant shalf pay aU applicable fees in accordance with the Water Engineering Anaheim Water Rates, Rules, and Regulations, including payments for Rule Division 15C relating to the East Santa Ana Canyon area transmission and terminal storage facilities. Prior. to the first submittal of water SC PSU-5 Prior to first 'submittal of the water improvement plans for the proposed Utilities Department; _ improvement plans project, -the Project Applicant shall submit a water system master plan, Water Engineering including a hydraulic distribution network analysis, for review and approval by Division the City of Anaheim Pubiic Utilities Department, Water Engineering Division. The master plan sha11 demonstrate the adequacy of the proposed on-site water facilities to meet the needs of the project including total water demand (single-family unit, common landscape areas, and fuel modification), fire flow requirements, and location and number of the points of connection. to final occupancy permits SC PSU-6 Prior to issuance of use and occupancy permits, the property Utilities Department; owneddevelopecshall demonstrate to the Water Engineering Division that V1-ater Engineering water consumption reduction measures have been implemented, as pivision : required by State law and in accordance with the Water Utilities Rates, Rules, and Regulations. This may require the implementation of ` conservation measures to offset or minimize the overall increase in demands resulting from the project. Such measures where feasible and appropriate, shall include, but are not limited to, the following: $ Low-flush toilets (Health and Safety Code Section 17921.3); ,$ Maximum flow rate of aU new showerheads, lavatory faucets, and sink faucets (Title 20, Califomla Code of Regulations Section 1604[~1)~ $_ Appliances certified by manufacturer to comply with regulations Deer Canyon Estates EIR No. 329 Mitigation Monitoring Plan Na 132 Page 20 of 22 , :< _ ~. , ~.. ... .: , . / _ ~ ., , , ., ~ ~ . x, ~ ~ 'k' . , : ` `~ " i -. _ " . .. ~ ~. - , ._. - .: . ~ ,,. .. :.:. ~%: . ~~ ' . , .. • •: : , , , , . .. ~. . , - ~ ... -., ~~" - . . .f : *' d ! Yr. .~ , , a . ,~ ~ , . : ..' '~.f :~~.. „. .~ , , . , ,. - > s. ~ , ~~ '~ :',. ..: , . . , .. . , :;p ~? r . r. g ~ . . . ~ . , „ ~ ,. , .. . „ :, i .. . , „ .... .,, ' estabtished by appl~cable efficiency standards (Title 20, California .. . , . ~:.. .. . . - Code of Regulations Section 1606(b]); $' Hot water pipes insulated to reduce water used before hot water : : . . . ' reaches eqwpmenf 'or fixtures (Title 24, Caldomia Code of Regulations Section 2-5352(i] and (j]); $: Thermostatically controlled mixing valve for bath/shower; $ Implementation of efficient imgation systems such as drip irrigation and automatic`systems which use moisture sensors to minimize runoff and evaporation; $? Use of low-flow sprinkler heads in the irrigation system; and $ Use of water-conservation landscape plant materials wherever feasible. ' ctricity , dng Regu/ations & Standard,Conditions Prior to issuance of first building permit - SC PSU-7 = Prior to the issuance of the first Building Permit, the property Public Utilities - owner/developer shall be required to provide easements and pay fees in Department; Electrical accordance with Anaheim's Electrical Rates Rules & Regulations for Engineering Division ` installation of backbone cabies, switches and related equipment to provide electrical distribution systems and telecommunication facilities to and within the Development site. During construction activities SC PSU-8 If facilities (electrical and telecommunication) need to be refocated aiong Public Utilities Santa Ana Canyon Road, the property owner/developer shall be required to Department; Electrical provide new easements and pay for all relocations. If undergrounding of Engineering Division facilities is required, the property owner/developer shall pay fees and construct a new distribution system and provide easements in a location acceptable to the Anaheim Public Utilities Department that shaN interface with and/or replace the existing overhead 12kV and communication distribution systems. The relocation of existing or installation of new ' systems shall be timed to coincide with the level of department required for this improvement, to the satisfaction of Anaheim Public Utilities Department and other utility companies. ect Design Features During construction activities PDF PSU-2 The property owneNdeveloper shall provide conduits, substnactures and Public Utilities easements (including necessary conduits, ducts, manholes, vaults and Department; Electrical ` service lateral ducts) for an underground electrical distribution system and Engineering Division telecommunication facilities to and within the development site. The substructure systems shall be instailed in accordance with the Pubiic Utilities DepartmenYs specifications. During construction activities PDF PSU-3 The project shall provide a street lighting system along the Santa Ana Public Utilities Canyon Road projeet boundary and along the roadway up to the Department• Electrical development, subject to reimbursement. Both street lighting systems shall Engineering Division - be built in accordance with City of Anaheim Public Utilities Department Construction Standards. Deer Canyon Estates EIR Na 329 - Mitigation Monitoring Plan Na 132 Page 21 of 22 . . ,, f .., ... ...~ z , ~ ~ . __ .. .. .. ...,.... ,,,M.......,.. _. . _.-.- .w, „~...,,. . ~-.,,,. .~.., ~.~ ,u- „~ ~~,. .. ,- ,u~. --, er ~r ~ ~r.a . - . ,~,.i .o~,s„~'__ _...,,,~~ .. ,~ 3~' ~:.. .. Solid Waste Services During construction activities SC PSU-9 In accordance with the requirements of A6 939, construction contractors shall Public Works reuse construction forms where practicable or applicable, attempt to balance Department, Streets soils on the site, minimize over cutting of lumber and polyvinyl chloride (PVC) and Sanitation Division piping where feasible, and reuse landscape containers to the extent feasible, During construction activities SC PSU-10 Recycling bins for glass, metals, paper, wood, plastic, green waste, and Public Wo~lcs „ cardboard shall be placed on the construction sites for use by construction Department, Streets : workers. and Sanitation Division : Prior to commencement of construction ' SC PSU-11 In construction specifications and bid packages, require building materials Public Works activities made of recycled materials, to the extent feasible and economically practical. Department, Streets and Sanitation Division oing during project operation SC PSU-12 As a part of the ongoing operations of the Deer Canyon Estatesproject, the Public Works ' following measures shall be integrated into project design: Department, Streets • Source reduotion, source separation and recycling measures shail focus on and Sanitation Division paper goods, yard waste, plastic, wood waste, and glass; - •"Buy-recycled" policies, such as price preferences for recycled products; . • Source reduction policies, • In-house recyciing; • Drop-off sites; . • Employee education; • Customer educafion; and • Manufacturing design modification to promote source reduction or recycling. *~:~***~~ i Deer Ganyon Estates EIR No. 329 Mitigation Monitoring Plan No. 132 Page 22 of 2.2