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RES-2022-083RESOLUTION NO. 2 0 2 2 - 0 8 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED GENERAL PLAN AMENDMENT NO.2021-00536, RECLASSIFICATION NO. 2021-00336, CONDITIONAL USE PERMIT NO. 2021-06097, TENTATIVE TRACT MAP NO. 19141 AND A DEVELOPMENT AGREEMENT (DEV2020-00248) (1661-1673 WEST BROADWAY) WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition for General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map No. 19141, and a Development Agreement to construct a residential development consisting of 34 single-family attached residential units with modified development standards (the "Proposed Project"), on that certain real property located at 1661-1673 West Broadway 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 1.55 acres in size. The project site is located in the "C-G" General Commercial zone, and is designated for Office - Low land uses by the General Plan. The development standards and regulations of Chapter 18.06 (Multiple -Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project contingent upon approval of Reclassification No. 2021-00336, now pending; and WHEREAS, the Proposed Project is to construct a residential development consisting of 34 single-family attached residential units with modified development standards subject to approval of Conditional Use Permit No. 2021-06097 by the Planning Commission pursuant to Sections 18.06.030 (Uses), of Chapter 18.06 (Multiple -Family Residential Zones) of the Code; and WHEREAS, General Plan Amendment No. 2021-00536 is to amend the General Plan Land Use designation from Office - Low to Mid Density Residential; and WHEREAS, Reclassification No. 2021-00336 is to reclassify the property from the "C-G" General Commercial zone to "RM-3.5" Multiple -Family Residential zone; and WHEREAS, the Development Agreement proposes to provide the developer a vested right to develop the Proposed Project in accordance with General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, and Tentative Tract Map No. 19141 for the term of the Development Agreement, and in return the developer would provide funding for City's affordable housing programs; and WHEREAS, Conditional Use Permit No. 2021-06097 proposes to construct a residential development consisting of 34 single-family attached residential units with modified development standards; 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 CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, a draft Initial Study in support of a Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's CEQA Procedures 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 May 5, 2022, and was also made available for review on the City's web page, with hard copies available at City Hall and the Anaheim Public Library, and it was uploaded digitally with the Office of Planning and Research's CEQAnet database; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring and Reporting Program _has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMRP No. 381 "). A complete copy of MMRP No. 381 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 CEQA Procedures for the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing in the City of Anaheim on July 6, 2022 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 (Procedures) of the Code, to hear and consider evidence for 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 -2- WHEREAS, by its motion, and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's CEQA Procedures, 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 this Resolution and contained in MMRP No. 381, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMRP No. 381; and WHEREAS, upon receipt of Planning Commission recommendation, made by motion, the City Council did fix the 9th day of August , 2022, as the time, for a public hearing on the Proposed Project and the Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and the Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by law; and WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMRP No. 381 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 CEQA Procedures and, together with MMRP No. 381, 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 MMRP No. 381 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 negate 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: -3- 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA, the CEQA Guidelines, and the City's CEQA Procedures and, together with MMRP No. 381, 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 MMRP No. 381 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; 3. That the City Council hereby approves and adopts Mitigated Negative Declaration and MMRP No. 381; 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 9 thday of Aug. , 2022, by the following roll call vote: AYES: Mayor Pro 'rem O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia and Faessel NOES: None n:1-4021� ABSTAIN: None [Mayoral vacancy] CITY OF ANAHEIM AYOR PRO TEM OFT ITY OF ANAHEIM T CITY LERK OF THE CITY OF ANAHEIM -4- Oo so too v -sec EXHIBIT "A" DEV NO. 2020-00248 W BROADWAY a 3 a TRAPEZOID DR a z a 0 s RHOMBUS IN Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. -5- EXHIBIT B FIRSTCARBON SOLUTIONS TM Mitigation Monitoring and Reporting Program #381 for the West Broadway Townhome Project Draft Initial Study/Mitigated Negative Declaration City of Anaheim, Orange County, California NORTH AMERICA I EUROPE I AFRICA I AUSTRALIA I ASIA Prepared for: City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 714.765.5238 Contact: Andy Uk, Associate Planner Prepared by: FirstCarbon Solutions 250 Commerce, Suite 250 Irvine, CA 92602 714.508.4100 Contact: Glenn Lajoie, AICP, Project Director Cecilia So, Project Manager Report Date: April 15, 2022 AN ADEC INNOVATION W W W.FIRSTCARBONSOLUTIONS.COM City of Anaheim —West Broadway Townhome Project Mitigation Monitoring and Reporting Program Preface III bi N NA Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15097 requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it adopts a Mitigated Negative Declaration (MND) in conjunction with a project approval. The purpose of the MMRP is to ensure compliance with the mitigation measures occurs during project implementation. The Initial Study and Mitigated Negative Declaration (IS/MND) prepared for the West Broadway Townhome Project concluded that project implementation could result in potentially significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval that would reduce these potential impacts to a less than significant level. This MMRP documents how and when the mitigation measures adopted by the lead agency would be implemented and confirms that potential environmental impacts would be reduced to less than significant levels as identified in the MND. This document does not discuss those subjects that the environmental analysis demonstrates would result in less than significant impacts and for which no mitigation was proposed or necessary. FirstCarbon Solutions 2 \\COAFILEROS\Planning\REPORTS\City Council\2022 CC Meetings\CC 08 09 22\Public Hearing\City Ventures Broadway Townhomes njt\Item 30 Approved for Agenda -Final Documents\1. Resolution -Mitigated Negative Declaration.dim City of Anaheim West Broadway Townhome Project Mitigation Monitoring and Reporting Program Table 1: City of Anaheim —West Broadway Townhome Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification 2.4 Biological Resources MM BIO-1: Protection of Active Bird Nests (includes pre- Confirm receipt of construction survey and implementation of avoidance qualified Biologist's pre - buffer, if found). construction survey and 1. The removal of trees and vegetation shall be avoided review submittal of during the nesting season (generally February 1 to August survey documents; 31), if feasible. If avoidance of tree and vegetation removal confirm on -site during the nesting season is infeasible, then the following monitoring by the measures shall be required: qualified Biologist if a. If ground -disturbing or vegetation -removing construction active nests are present. activities occur during the nesting season (February 1 to August 31), pre -construction surveys shall be conducted by a qualified Biologist within 72 hours prior to scheduled tree removal, to determine whether or not active nests are present in the construction zone. b. If an active nest is located during pre -construction surveys, a qualified Biologist shall determine an appropriately sized avoidance buffer based on the species and anticipated disturbance level. A qualified Biologist shall delineate the avoidance buffer using Environmentally Sensitive Area fencing, pin flags, and or yellow caution tape. The buffer zone shall be maintained around the active nest site(s) until the young have fledged and are foraging independently. No construction activities or construction foot traffic is allowed to occur within the avoidance buffer(s). c. The qualified Biologist shall monitor the active nest during construction activities to prevent any potential impacts that may result from the construction of the proposed project, until the young have fledged. Responsible for Timing of Verification Verification Prior to issuance of City of Anaheim grading permit and Planning and during the nesting Building season (generally Department February 1 to August 31) FirstCarbon Solutions \\COAFILER01\Pl a nning\REPORTS\City Council\2022 CC Meetings\CC 0909 22\Public Hearing\City Ventures Broadway Townhomes njt\Item 30 Approved for Agenda - Final Documents\1. Resolution - Mitigated Negative Declaration.doca Verification of Completion Date Initial City of Anaheim West Broadway Townhome Project Mitigation Measures 2.5 Cultural Resources and Tribal Cultural Resources MM CUL-1: An Archaeologist who meets the Secretary of the Interior's Professional Qualification Standards for Archaeology shall perform an inspection of the site for potential archaeological resources once grubbing, ground clearing, and demolition are complete, and prior to any grading or project -related ground disturbance. In the event exposed soils indicate cultural materials may be present, this may be followed by regular or periodic archaeological monitoring as determined by the Archaeologist, but full-time archaeological monitoring is not required at this time. It is always possible that ground -disturbing activities during construction may uncover previously unknown, buried cultural resources. In the event that buried cultural resources are discovered during construction, operations shall stop in the immediate vicinity of the find and a qualified Archaeologist shall be consulted to determine whether the resource requires further study. The qualified Archaeologist shall make recommendations to the Lead Agency on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Potentially significant cultural resources consist of but are not limited to stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the project area should be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA criteria. If the resources are determined to be unique historic resources as defined under Section 15064.5 of the CEQA Method of Verification The owner/developer shall provide documentation that a site inspection was completed by a qualified Archaeologist. If archaeological materials are encountered, confirm archaeological monitoring is conducted. Confirm compliance with CEQA Guidelines Section 15064.5 permit(s) and confirm receipt of DPR forms; review qualified Archaeologist's submittal of findings and documentation. Timing of Verification Prior to any grading or project -related ground disturbance Responsible for Verification City of Anaheim Planning and Building Department Firstfarbon Solutions \\COAFILEROI\Planning\REPORTS\City Council\2022 CC Meetings\CC 08 09 22\Public Nearing\City Ventures Broadway Townhomes njt\Item 30 Approved for Agenda - Final Documents% Resolution - Mitigated Negative Declaration.docv Mitigation Monitoring and Reporting Program Verification of Completion Date Initial City of Anaheim West Broadway Townhome Project Mitigation Measures Method of Verification Guidelines, mitigation measures shall be identified by the Archaeological Monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the Lead Agency where they would be afforded long-term preservation to allow future scientific study. MM CUL-2: In the event of an accidental discovery or If human remains recognition of any human remains, Public Resources Code encountered, confirm Section 5097.98 must be followed. In this instance, once proper notification project -related earthmoving begins and if there is accidental occurs. discovery or recognition of any human remains, the following steps shall be taken: If human remains are 1. There shall be no further excavation or disturbance of the encountered, confirm site or any nearby area reasonably suspected to overlie compliance with Public adjacent human remains until the County Coroner is Resources Code Section contacted to determine whether the remains are Native 5097.98. American and if an investigation of the cause of death is required. If the Coroner determines the remains to be If the Coroner Native American, the Coroner shall contact the Native determines the remains American Heritage Commission (NAHC) within 24 hours, to be Native American, and the NAHC shall identify the person or persons it confirm the County believes to be the "most likely descendant" of the Coroner contacts the deceased Native American. The Most Likely Descendant NAHC within 24 hours. (MLD) may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the Timing of Verification During project - related earthmoving ground disturbance; prior to construction; during construction Mitigation Monitoring and Reporting Program Verification of Completion Responsible for Verification Date Initial City of Anaheim Planning and Building Department FirstCarbon Solutions 5 \\COAFILER01\Planning\REPORTS\City Council\2022 CC Meetings\CC 0809 22\Public Hearing\City Ventures Broadway Townhomes njt\Item 30 Approved for Agenda -Final Documents\l. Resolution - Mitigated Negative Declaration.doc, City of Anaheim West Broadway Townhome Project Mitigation Measures human remains, and any associated grave goods as provided in Public Resources Section 5097.98, or 2. Where the following conditions occur, the landowner or his/her authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the MLD or on the project site in a location not subject to further subsurface disturbance: • The NAHC is unable to identify a MLD or the MLD failed to make a recommendation within 48 hours after being notified by the commission. • The descendant identified fails to make a recommendation. • The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the NAHC fails to provide measures acceptable to the landowner. 2.5 Tribal Cultural MM TCR-1: Retention of a Native American Monitor Prior to Commencement of Ground -Disturbing Activities Prior to the commencement of any grading and/or construction activity, the owner/developer shall coordinate with the Gabrieleno Band of Mission Indians—Kizh Nation Native American tribe in retention of a Native American Monitor (Tribal Monitor) and a copy of the executed contract shall be submitted to the City of Anaheim Planning and Building Department. The Tribal Monitor shall only be present on -site during the construction phases that involve ground - disturbing activities within undisturbed native sediments. Ground -disturbing activities may include, but are not limited to, demolition of existing structures, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project site. The Tribal Monitor shall Method of Verification Confirm retention of a Native American (Tribal Monitor) from the Gabrieleno Band of Mission Indians—Kizh Nation Native American tribe by receipt of a copy of the executed contract. Confirm receipt of daily monitoring logs. Timing of Verification Prior to commencement of any grading and/or construction activity; during construction activities Responsible for Verification City of Anaheim Planning and Building Department Mitigation Monitoring and Reporting Program Verification of Completion Date initial FirstCarbon Solutions 6 \\COAFILER01\Planning\REPORTS\City Council\2022 CC Meetings\CC 0909 22\Public Nearing\City Ventures Broadway Townhomes njt\Item 30 Approved for Agenda -Final Documents\3. Resolution - Mitigated Negative Declaration.docx City of Anaheim West Broadway Townhome Project Mitigation Measures complete daily monitoring logs that shall provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. The on - site monitoring shall end when the project site grading and excavation activities are completed, or when the Tribal Representatives and Monitor have indicated that the project site has a low potential for impacting archaeological or Tribal Cultural Resources (TCRs). Responsible for Method of Verification Timing of Verification Verification MM TCR-2: Unanticipated Discovery of Human Remains and If buried cultural Associated Funerary Objects resources encountered, Upon discovery of any archaeological or Tribal Cultural confirm construction Resources (TCRs), construction activities shall cease in the activities have ceased. immediate vicinity of the find until the find can be assessed. All archaeological and/or TCRs unearthed by project If buried cultural construction activities shall be evaluated by the qualified resources encountered, Archaeologist and Tribal Monitor. If the resources are Native confirm the American in origin, the Tribal Representative shall coordinate development of with the owner/developer regarding treatment and curation appropriate avoidance of these resources. Typically, the Tribe shall request reburial and treatment or preservation for educational purposes. Work may continue measures. on other parts of the project site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines § 15064.5(f)). If a resource is determined by the qualified Archaeologist to constitute a "historical resource" or "unique archaeological resource," time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and Public Resources Section 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 During construction City of Anaheim activities upon Planning and discovery of any Building archaeological or Department Tribal Cultural Resources (TCRs) FirstCarbon Solutions \\COAFILER01\Planning\REPORTS\City Council\2022 CC Meetings\CC 0809 22\Public Nearing\City Ventures Broadway Townhomes njt\Item 30 Approved for Agenda -Final Dow ments\1. Resolution - Mitigated Negative Declaration.doc, Mitigation Monitoring and Reporting Program Verification of Completion Date Initial City of Anaheim West Broadway Townhome Project Mitigation Measures 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, the Copper Center, or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. MM TCR-3: Procedures for Burials and Funerary Remains In the event that human remains are uncovered during ground -disturbing activities, the owner/developer shall cease ground -disturbing activities and contact the County Coroner, Tribal Monitor, and Archaeologist to inform of the discovery. The owner/developer shall coordinate and consult with the County Coroner, Tribal Monitor and Archaeologist for advisory on the matter, protocol, and any applicable mitigating requirements. Additionally, if the remains are determined to be of Native American origin, the Most Likely Descendant (MILD), as the Native American Heritage Commission (NAHC) shall be contacted by the owner/developer to determine proper treatment and disposition of the remains. To protect the area in which the Native American human remains are present, development activity shall cease until consultation with the MLD is complete regarding recommendations pursuant to Public Resources Section 5097.98. Discovery of human remains shall also follow CEQA Guidelines Section 15064.5; Public Resources Section 7050.5 and Public Resources Section Method of Verification If human remains are uncovered, confirm construction activities have ceased and the County Coroner has been contacted. If the remains are determined to be of Native American origin, confirm the MLD and NAHC have been contacted. If human remains are uncovered, confirm compliance with CEQA Guidelines Section 15064.5; Public Resources Section 7050.5 and Public Timing of Verification During ground - disturbing activities, if human remains are uncovered Responsible for Verification City of Anaheim Planning and Building Department 5097.98. Resources Section 5097.98. MM TCR-4: Prior to the commencement of any grading Confirm retention of a Prior to the City of Anaheim and/or construction activity, the owner/developer shall retain Native American (Tribal commencement of Planning and FirstCarbon Solutions \\COAFILER01\Planning\REPORTS\City Council\2012 CC Meetings\CC 0809 22\Public Hearing\City Ventures Broadway Townhomes njt\Item 30 Approved for Agenda -Final Documents\1. Resolution - Mitigated Negative Declaration.doa Mitigation Monitoring and Reporting Program Verification of Completion Date Initial City of Anaheim West Broadway Townhome Project Mitigation Measures Method of Verification a Native American Monitor (Tribal Monitor) and a copy of the Monitor) by receipt of a executed contract shall be submitted to the City of Anaheim copy of the executed Planning and Building Department. The Tribal Monitor shall contract. only be present on -site during the construction phases that involve ground -disturbing activities within undisturbed native Confirm receipt of daily sediments. Ground -disturbing activities may include, but are monitoring logs. not limited to, demolition of existing structures, potholing or auguring, grubbing, tree removals, boring, grading, Upon discovery of any excavation, drilling, and trenching, within the project site. The archaeological or TCRs, Tribal Monitor shall complete daily monitoring logs that shall confirm construction provide descriptions of the day's activities, including activities cease in the construction activities, locations, soil, and any cultural immediate vicinity of the materials identified. The on -site monitoring shall end when find until the find can be the project site grading and excavation activities are assessed. completed, or when the Tribal Representatives and Tribal Monitor have indicated that the project site has a low If the resources are potential for impacting archaeological or Tribal Cultural Native American in Resources (TCRs). origin, confirm Upon discovery of any archaeological or TCRs, construction coordinate with the activities shall cease in the immediate vicinity of the find until Tribal Representative the find can be assessed. All archaeological and/or TCRs and the owner/developer unearthed by project construction activities shall be regarding treatment and evaluated by the qualified Archaeologist and Tribal Monitor. If curation of these the resources are Native American in origin, the Tribal Representative shall coordinate with the owner/developer resources. regarding treatment and curation of these resources. Typically, the Tribe shall request reburial or preservation for educational purposes. Work may continue on other parts of the project site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines SS 15064.5(f)). If a resource is determined by the qualified Archaeologist to constitute a "historical resource" or "unique archaeological resource," time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate Timing of Verification any grading and/or construction activity Mitigation Monitoring and Reporting Program Verification of Completion Responsible for Verification Date Initial Building Department FirstCarbon Solutions \\COAFILEROI\Planning\REPORTS\City Council\2022 CC Meetings\CC 0809 22\Public Hearing\City Ventures Broadway Town homes njt\Item 30 Approved for Agenda -Final Documents\1. Resolution - Mitigated Negative Declaration.docz City of Anaheim West Broadway Townhome Project Mitigation Measures 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 Public Resources Code 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, the Copper Center, or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. In the event that human remains are uncovered during ground -disturbing activities, the project developer shall cease ground -disturbing activities and contact the County Coroner, Tribal Monitor, and Archaeologist to inform of the discovery. The project developer shall coordinate and consult with the County Coroner, Tribal Monitor, and Archaeologist for advisory on the matter, protocol, and any applicable mitigating requirements. Additionally, If the remains are determined to be of Native American origin, the Most Likely Descendant (MLD), as the Native American Heritage Commission (NAHC) shall be contacted by the project developer to determine proper treatment and disposition of the remains. To protect the area in which the Native American human remains are present, development activity shall cease until consultation with the MLD is complete regarding recommendations pursuant to Public Resources Method of Verification Timing of Verification Mitigation Monitoring and Reporting Program Verification of Completion Responsible for Verification Date Initial FirstCarbon Solutions 10 \\COAFILER01\Planning\REPORTS\City Council\2022 CC Meetings\CC 0809 22\public Nearing\City Ventures Broadway Townhomes nit\Item 30 Approved for Agenda -Final Documents\1. Resolution - Mitigated Negative Declaration.docx City of Anaheim West Broadway Townhome Project Mitigation Measures Section 5097.98. Discovery of human remains shall also follow CEQA Guidelines Section 15064.5; Public Resources Section 7050.5 and Public Resources Section 5097.98. 2.7 Geology and Soils MM GEO-1: The owner/developer would be required to implement the recommendations provided on Page 14 through Page 32 in the Geotechnical Investigation prepared by Alta California Geotechnical, Inc. (Alta), on January 4, 2021. The Geotechnical recommendations that are explained in detail on Page 14 through Page 32 of the Geotechnical Investigation shall be implemented. These include general earthwork requirements for site preparation, removal of unsuitable soils, over -excavation of building pads, compaction standards, groundwater and seepage, documentation, treatment of removal bottoms, fill placement, moisture content, mixing, import soils, utility trenches, back -cut stability, storm water infiltration systems, and boundary conditions. Additionally, these include requirements related to structural design, foundation design, foundation systems, slabs, moisture barriers, seismic design, walls, footing excavations, slabs and walkways, concrete design, corrosion, pavement design, as well as lot maintenance, and future plan reviews. The Geotechnical Investigation included in Appendix D is incorporated herein by reference as fully set forth in this mitigation measure. MM GEO-2: If it is determined that fossil -bearing sediments are present on -site, a qualified Monitor shall be required to be present during any ground -disturbing activities during the project. In the event that fossils or fossil -bearing deposits are discovered during construction activities, excavations within a 100-foot radius of the find shall be temporarily halted or diverted, and the owner/developer shall retain a qualified Paleontologist to examine the discovery. The Paleontologist Method of Verification Confirm recommendations from the Geotechnical Investigation have been incorporated into project construction documents. Conduct on -site inspection. If it is determined that fossil -bearing sediments are present on -site, confirm a qualified Monitor and/or Paleontologist is present on -site during ground - disturbing activities. Timing of Verification Prior to ground - disturbing activities and during construction activities During ground - disturbing activities Responsible for Verification City of Anaheim Planning and Building Department City of Anaheim Planning and Building Department Mitigation Monitoring and Reporting Program Verification of Completion Date Initial FirstCarbon Solutions 11 \\COAFILER01\Planning\REPORTS\City Council\2022 CC Meetings\CC 08 09 22\Public Hearing\City Ventures Broadway Townhomes njt\Item 30 Approved for Agenda -Final Documents\S. Resolution - Mitigated Negative Declaration.do City of Anaheim West Broadway Townhome Project Mitigation Measures shall document the discovery in accordance with Society of Vertebrate Paleontology standards. The Paleontologist shall determine procedures that would be followed before construction activities are allowed to resume at the location of the find. If the owner/developer determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of construction activities on the discovery. The plan shall be submitted to the City of Anaheim for review and approval prior to implementation, and the owner/developer shall adhere to the recommendations in the plan. 2.9 Hazards and Hazardous Materials MM HAZ-1: The owner/developer shall conduct a comprehensive, pre -demolition asbestos -containing materials (ACM) survey in accordance with the sampling protocol of the Asbestos Hazard Emergency Response Act (AHERA) prior to any activities with the potential to disturb building materials, in order to determine whether ACMs are present. The owner/developer shall submit the ACM survey to the City prior to issuance of a demolition permit. In the event that ACMs are detected, the proper removal and disposal, consistent with existing regulations, of the building materials would occur prior to any activities with the potential to disturb them. 2.10 Hydrology and Water Quality Implement MM GEO-1. 2.20 Mandatory Findings of Significance Implementation of MM BIO-1, MM CUL-1, MM CUL-2, MM TCR-1, MM TCR-2, MM TCR-3, MM TCR-4, MM GEO-1, MM GEO-2, and MM HAZ-1. Method of Verification If avoidance is not feasible, review and approve an excavation plan. Review and approve comprehensive, pre - demolition ACM survey. In the event that ACMs are detected, confirm the proper removal and disposal of the building materials, and compliance with existing regulations. See MM GEO-1 See MM BIO-1, MM CUL-1, MM CUL-2, MM TCR-1, MM TCR-2, MM TCR-3, MM TCR-4, MM Timing of Verification Prior to any activities with the potential to disturb building materials See MM GEO-1. See MM BIO-1, MM CUL-1, MM CUL-2, MM TCR-1, MM TCR-2, MM TCR-3, Mitigation Monitoring and Reporting Program Responsible for Verification City of Anaheim Planning and Building Department See MM GEO-1. See MM BIO-1, MM CUL-1, MM CUL-2, MM TCR-1, MM TCR-2, MM TCR-3, Verification of Completion Date Initial FirstCarbon Solutions 12 \\COAFILER01\Planning\REPORTS\City Council\2022 CC Meetings\CC 0809 22\Public Hearing\City Ventures Broadway Townhomes njt\Item 30 Approved for Agenda -Final Documents\3. Resolution -Mitigated Negative Declaration.cl— City of Anaheim West Broadway Townhome Project Mitigation Measures Method of Verification GEO-1, MM GEO-2, and MM HAZ-1, above. Timing of Verification MM TCR-4, MM GEO-1, MM GEO-2, and MM HAZ-1, above. Mitigation Monitoring and Reporting Program Verification of Completion Responsible for Verification Date Initial MM TCR-4, MM GEO-1, MM GEO-2, and MM HAZ-1, above. FirstCarbon Solutions 13 \\COAFILEROS\Planning\REPORTS\City Council\2022 CC Meetings\CC OB 09 22\Public Hearing\City Ventures Broadway Townhomes np\Item 30 Approved for Agenda -Final Documents\l. Resolution - Mitigated Negative DeclarationAm 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. 2022-083 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9` day of August 2022 by the following vote of the members thereof: AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia and Faessel NOES: None ABSTAIN: None ABSENT: None [Mayoral vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of August, 2022. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)