Document Anaheim_doc_4ad8f6e8c7

Mitigation Monitoring Program No. 137 1 APPENDIX F MITIGATION MONITORING PROGRAM NO. 137 FOR THE MOUNTAIN PARK SPECIFIC PLAN NO. 90-4, AMENDMENT NO. 1 CEQA Action: Environmental Impact Report No. 331 Project Description: The Mountain Park Specific Plan (SP 90-4) currently allows for the development of 7,966 residential units, commercial uses, interim sand and gravel mineral extraction, schools, parks and open space. The project applicant, The Irvine Community Development Company, proposes to amend the Mountain Park Specific Plan to reduce the number of residential units to a maximum of 2,500 and to provide for the following: a City fire station; a school site and adjacent public community park; public and private recreational facilities, including riding and hiking trails and a trail staging area; an interpretive center and store concession; and roadways and utilities necessary to serve the proposed development. Approximately 2,163 acres of open space would be preserved as part of the project. Additionally, the proposed project includes the construction of the State Route 241 (SR-241)/Weir Canyon Road interchange, and a bridge over SR-241 connecting development areas east and west of SR-241. The primary actions associated with the project include a proposed amendment to the Mountain Park Specific Plan to implement the adopted City of Anaheim General Plan, and a proposed amendment to the City of Anaheim Zoning Code to incorporate revised Zoning and Development Standards for the Mountain Park Specific Plan area. Also proposed is an amendment to the General Plan Safety Element, Fire Protection Areas (Figure S-5) to remove proposed development areas from the Very High Fire Hazard Severity Zone designation. Project Location: The proposed project site is located generally in Gypsum Canyon, south of the Riverside (SR-91) Freeway, in Orange County, California. The majority of the project site is in the jurisdiction of the City of Anaheim; however, open space areas in the southern- and eastern-most portions of the project site are in unincorporated County of Orange jurisdiction in the City of Anaheim’s sphere-of-influence. SR-91 is immediately north of the project site, and the SR-241 bisects the site into eastern and western segments. Terms and Definitions: 1. Property Owner/Developer – Any owner or developer of real property within the boundaries of the Mountain Park Specific Plan area. 2. Environmental Equivalent/Timing – Any Mitigation Measure and timing 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 environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed “environmental equivalent/timing” and, if determined necessary, may refer said determination to the Planning Commission. Any cost associated with the information required in order to make a determination of environmental equivalency/timing 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 mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Program will occur, as routine City practices and procedures will ensure that the intent of the measure ---PAGE BREAK--- Mitigation Monitoring Program No. 137 2 has been complied with. For example, if the timing is “to be shown on approved building plans” subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 4. Responsibility of Monitoring – Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. 5. Ongoing Mitigation Measures – The mitigation measures that are designated to occur on an ongoing basis as part of this mitigation monitoring program will be monitored in the form of an annual letter from the property owner/developer 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 will occur. For measures that are to be monitored “Ongoing During Construction”, the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is completed. Timing Measure Responsible for Monitoring Completion SECTION 4.2 − AESTHETICS Existing Regulations & Standard Conditions Prior to approval of grading plans. SC 2-1 Prior to approval of grading plans, the property owner/developer shall provide grading plans to the Department of Public Works demonstrating that graded areas will be compatible with natural landform characteristics in conformance with the Anaheim Municipal Code, Title 17-Land Development and Resources, the City of Anaheim Grading Design Manual and Hillside Grading Procedures, the Mountain Park Specific Plan Grading Concept and Hillside Grading and Landscape Policies, and the most recent version of the Anaheim Building Code (ABC). Department of Public Works Prior to approval of precise grading plans. SC 2-2 Prior to approval of precise grading plans, the property owner/developer shall prepare a detailed slope landscape plan, which shall be approved by the Department of Public Works. The plan shall be certified by a licensed landscape architect, and be prepared in compliance with Section 17.06 of the City of Anaheim Municipal Code and the Mountain Park Specific Plan Grading Concept and Hillside Grading and Landscape Policies to blend landscape features with the existing environment. In addition, the landscape plan shall conform to the preliminary landscape plan approved in conjunction with the development area plans. Department of Public Works Prior to approval of grading plans. SC 2-3 Tree replacement shall be conducted consistent with Section 18.18.040. Prior to approval of grading plans, the property owner/developer shall provide a Specimen Tree Removal Plan to the Planning Department demonstrating that the proposed project has been designed in accordance with the provisions of Chapter 18.18.040 and required tree replacement. Planning Department Prior to approval of street improvement plans for a development area. SC 2-4 Prior to approval of street improvement plans for a development area; the property owner/developer shall submit a detailed lighting plan for review and approval by the Public Utilities Department. The plan shall be reviewed for compliance with adopted City standards. Public Utilities Department ---PAGE BREAK--- Mitigation Monitoring Program No. 137 3 Timing Measure Responsible for Monitoring Completion Prior to the issuance of an Encroachment Permit by Caltrans. SC 2-5 Prior to the issuance of an Encroachment Permit by Caltrans, the property owner/developer shall submit grading plans to Caltrans demonstrating that graded areas are in conformance with Caltrans standard specifications. City of Anaheim Planning Department, and Caltrans (for areas within Caltrans right- of-way) Prior to the issuance of an Encroachment Permit by Caltrans. SC 2-6 Prior to the issuance of an Encroachment Permit by Caltrans, the property owner/developer shall submit landscape plans for areas within Caltrans right- of-way to Caltrans for review and approval, demonstrating that the proposed plant palette is in conformance with Caltrans requirements, including Executive Order 13112, Invasive Species. Proof of this approval shall be submitted to the City of Anaheim Department of Public Works. City of Anaheim Department of Public Works, and Caltrans (for areas within Caltrans right- of-way Project Design Features In conjunction with the submittal of each tentative or parcel map. PDF 2-1 The Mountain Park Specific Plan provides for replacement of oak, sycamore, willow and other native trees removed as a result of the project at a ratio of 20:1. In conjunction with the submittal of each tentative tract or parcel map, the property owner/developer shall submit a Detailed Landscape Plan to the Planning Department demonstrating that trees removed from the site will be replaced at a total ratio of 20:1. The 20:1 ratio is achieved using a combination of the Scenic Corridor Overlay tree list (Anaheim Zoning Code Chapter 18.18, Table 18-B), and the Mountain Park Specific Plan Tree List. Planning Department Prior to approval of the Park Master Plan for the sports park within Development Area 3. PDF 2-2 Prior to approval of the Park Master Plan for the sports park within Development Area 3, the property owner/developer shall submit lighting plans for review and approval by the Community Services Department that incorporate the following design specifications: • Sports field luminaries shall have mounting hardware approved by the City, which cannot be inadvertently or intentionally adjusted to cause spillover impacts. Instead, luminaries shall be professionally and permanently installed to direct light only onto the sports fields/courts and away from residential areas and other development. • Luminaries lamps shall provide good color rendering and natural light qualities. • Luminaries shall be restricted to no more than 500 lux (1 lumen per square meter) or 50 foot-candles per fixture. • Luminaries shall be placed at the appropriate, engineered height to reduce potential for glare and incidental spillover into adjacent properties and open space. • Luminaries mountings, poles, and fixtures shall have matted finishes. Community Services Department ---PAGE BREAK--- Mitigation Monitoring Program No. 137 4 Timing Measure Responsible for Monitoring Completion SECTION 4.3 − GEOLOGY AND SOILS Existing Regulations & Standard Conditions Prior to issuance of each building permit. SC 3-1 Prior to issuance of each building permit, the property owner/developer shall demonstrate that each structure has been designed in accordance with the most recent seismic standards in the ABC (Anaheim Building Code) and approved by the Chief Building Official. The ABC contains provisions that regulate the design and construction of excavations, foundations, retaining walls and other building elements to control the effects of seismic ground shaking and adverse soil conditions. Chief Building Official Prior to issuance of building permits. SC 3-2 Prior to issuance of building permits, the property owner/developer shall submit building pad certifications to the Department of Public Works, as required in Code Section 17.06, documenting that grading has been completed in conformance with the Anaheim Municipal Code, Title 17-Land Development and Resources, the City of Anaheim Grading Design Manual and Grading Plan Procedures, and the Mountain Park Specific Plan Grading Concept and Hillside Grading and Landscape Policies. Department of Public Works Prior to approval of each mass grading plan. SC 3-3 In compliance with the Anaheim Municipal Code, prior to approval of each mass grading plan, the property owner/developer shall submit a preliminary geotechnical report prepared by an engineering geologist and geotechnical engineer to the Department of Public Works for review and approval. This report shall be prepared to the satisfaction of the City Engineer and shall address soil and geology related constraints and hazards identified in EIR No. 331 such as slope stability, settlement, liquefaction, and related secondary seismic hazards. For grading within Caltrans right-of-way, a preliminary geotechnical report in compliance with Caltrans regulations shall be submitted and approved by Caltrans. Specifically, the report shall: • Include an assessment of potential soil related constraints such as stability of proposed cut, 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 to address the need for stabilization; • Include an assessment of on-site landslides and appropriate corrective measures, such as further subsurface exploration of landslide areas beneath planned fills and development areas. Corrective measures would include complete removal, if feasible or stabilization or buttressing of the landslide. This would involve partial removal of the landslide and stabilizing potential future movement with earthen fill or reinforced materials; • Include subsurface exploration of alluvial and canyon drainage areas beneath planned fills or development areas; • Evaluate excavation characteristics of on-site earth materials; Department of Public Works, and Caltrans (for grading within Caltrans right- of-way) ---PAGE BREAK--- Mitigation Monitoring Program No. 137 5 Timing Measure Responsible for Monitoring Completion • Include subsurface exploration to refine geologic structure for cut slope stability; • Establish specific remedial grading requirements, including but not limited to establishing parameters for stabilization/buttressing of slopes, removal 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 plans shall incorporate removal, where feasible, of all potentially liquefiable alluvium. The grading plans shall also incorporate placement of engineered fill in the canyons and installation of a subdrain system; • Address the potential for expansive soils. Representative soil samples of near-surface soil material shall 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 building/foundation design, deepened foundations, post-tension foundations, soil removal, selective grading to blend highly expansive soils with soils of low expansivity, moisture conditioning, or other corrective measures as recommended by a licensed soils/geotechnical engineer and approved by the City 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 shall be incorporated into the grading plans; • Address collapsible/compressible material. This material shall be subject to removal or other corrective measures in all areas planned for structural fill. Topsoil, colluvium, alluvium, highly weathered bedrock, and landslide materials with settlement potential shall be subject to corrective measures such as removal and recompaction, surcharging, settlement monitoring, and/or other measures deemed appropriate by the geotechnical engineer of record and approved by the City Engineer prior to approval of each grading plan; • Include appropriate laboratory testing to define soil engineering parameters; • Include additional refraction lines to better ascertain rock hardness and rippability for specific planned cut areas; • Include a review of seismic and faulting conditions on-site. Seismic design parameters identified for the project shall be incorporated into project design as applicable. Caltrans seismic design criteria for the proposed overcrossings shall be incorporated into overcrossing design and implementation; and, • Corrective work within Caltrans right-of-way shall be done in accordance with Caltrans standard specifications. ---PAGE BREAK--- Mitigation Monitoring Program No. 137 6 Timing Measure Responsible for Monitoring Completion Mitigation Measures Prior to the approval of each rough grading plan. MM 3-1 Prior to the approval of each rough grading plan, the property owner/developer shall submit a site specific geotechnical report prepared by a civil engineer based on recommendations of the preliminary geotechnical reports required under SC 3-3 to the Department of Public Works for review and approval. Site- specific geotechnical studies shall provide specific feasible recommendations for soils engineering, appropriate drains and subdrains in each Development Area, and address the potential for artesian conditions in Development Areas 1 and 2. As part of addressing the potential affects of groundwater on slope stability during future site specific investigations, the property owner/developer shall obtain and provide data from piezometers installed through the alluvium of Gypsum Canyon into the underlying bedrock, near proposed toe of slopes. The piezometers should be monitored for a period of one year to evaluate the potential artesian conditions with consideration for seasonal fluctuations in groundwater elevations. Department of Public Works Prior to the approval of each grading plan. MM 3-2 Prior to the approval of each grading plan, a note shall be added to the grading plan requiring that during grading operations, all grading and earthwork shall be performed under the observation of a registered geotechnical engineer in order to achieve proper sub-grade preparation, selection of satisfactory materials, and placement and compaction of all structural fill. An engineering geologist shall map cut slopes during grading to identify any laterally continuous, adversely oriented, broken or fractured zones that may reduce slope stability. The note shall be prepared to the satisfaction of the Department of Public Works. Department of Public Works Prior to the commencement of any blasting activities. MM 3-3 Prior to the commencement of any blasting activities, the property owner/ developer shall submit a blasting plan prepared by a qualified blasting specialist to the Fire Department and Department of Public Works for review and approval. A blasting permit shall be obtained from the Fire Department. A copy of the approved blasting plan shall be submitted to the Planning Department. The property owner/developer shall be responsible for all costs associated with the preparation of the blasting plan to the satisfaction of the Fire Department. The blasting plan shall be prepared in accordance with the United States Department of Interior, Office of Surface Mining (USOSM) standards and shall include, but not be limited to the following: a. Pre-blast survey b. Site and location of planned blasting and hours of operation (blasting to be conducted during the daylight hours only) c. Notification of blasting activities to all property owners within one-half mile of the blasting area, which may include (depending on location of blasting) private residents, Caltrans, the County of Orange, the City of Yorba Linda and any other persons/agencies determined appropriate by the Fire Department. This notification shall describe expected period and frequency that the blasting shall occur and give a contact phone number for any questions or complaints. All complaints shall be responded to in a method deemed satisfactory to the City of Anaheim Planning Director. Planning Department ---PAGE BREAK--- Mitigation Monitoring Program No. 137 7 Timing Measure Responsible for Monitoring Completion d. Types and amounts of explosives e. Warning system information f. Methods of transportation and handling of explosives g. Minimum acceptable weather conditions h. Procedures for handling, setting, wiring and firing explosives i. Procedures for clearing and controlling access to blast danger j. Procedures for handling misfires and other unusual occurrences k. Emergency action plan l. Material safety data sheet for all explosives or other hazardous materials expected to be used. m. Compliance with local, state and federal laws n. Measures to assess, control, and monitor noise and ground vibration from blasting, including: • The project contractor shall use current state-of-the-art technology to keep blast-related vibration and air blast at off-site residential and other occupied structures as low as possible, consistent with blasting safety. In no instance shall blast vibration or air blast, measured on the ground adjacent to a residential or other occupied structure, be allowed to exceed the frequency dependent limits contained in the USOSM regulations. • The project contractor shall use a blasting seismograph to monitor and record air blast and vibration for blasts within 1,000 feet of residences and other occupied structures to verify that measured levels are within the recommended limits (as determined under the USOSM regulations) at those locations. If blasting is found to exceed specified levels, blasting shall cease, and alternative blasting or excavation methods that result in the specified levels not being exceeded shall be employed. • Air blast and vibration monitoring shall take place at the nearest off- site residential or other occupied structure. If vibration levels are expected to be lower than those required to trigger the seismograph at that location, or if permission cannot be obtained to record at that location, recording shall be accomplished at some closer site in line with the structure. Specific locations and distances where air blast and vibration are measured shall be documented in detail along with measured air blast and vibration amplitudes. ---PAGE BREAK--- Mitigation Monitoring Program No. 137 8 Timing Measure Responsible for Monitoring Completion SECTION 4.4 − HYDROLOGY Project Design Features Prior to approval of the first mass grading plan. PDF 4-1 The Mountain Park Specific Plan includes a Proposed Drainage System Plan (refer to Exhibit 3-9 of the Draft EIR included in Attachment Prior to approval of the first mass grading plan, the property owner/developer shall submit a Drainage and Runoff Management Plan (RMP) to the Department of Public Works for review and approval. The RMP shall demonstrate substantial conformance with the Proposed Drainage System included in the Mountain Park Specific Plan. The Drainage and Runoff Management Plan shall include the approximate timing for construction of the following drainage facilities: a. Gypsum Canyon Road/SR-91 Box Culvert Modification: A 1,500 linear foot culvert modification will be constructed at the end of Gypsum Canyon to address existing deficiencies and accommodate proposed peak flows from the project site. The proposed storm drain improvement plan will extend the Gypsum Canyon Road/SR-91 box culvert inlet structure approximately 1,500 feet upstream following the existing alignment of the Gypsum Canyon Creek. At this location, the proposed Gypsum Canyon Road will be designed to serve as an impoundment to retain storm water runoff up to approximately 17 feet, which produces sufficient hydraulic head to convey 5,500 cfs through the culvert into Featherly Park. The elevation difference between the flow line of the culvert inlet and the top of the road is expected to be approximately 20 feet, allowing for a freeboard of three feet. The extension of the culvert upstream, with the described design modifications to the inlet control, will prevent flooding onto Gypsum Canyon Road during large storm events. The proposed modification of the culvert will improve the flood control design capacity of the culvert from a 10-year storm event to a 100-year storm event. A confirmation of the structural integrity and design calculations of the existing culvert structure shall be completed prior to final design of the new box culvert extension. b. West Drainage Area Storm Drain Improvement: Minor storm drain improvements to an existing undersized 36-inch reinforced concrete pipe (RCP) that collects off-site runoff from the undisturbed slopes draining into The Summit will be upsized to the capacity of a 54-inch RCP for proper conveyance of the project flows into the existing 66-inch RCP. c. SR-91/Gypsum Canyon Road Storm Drain Improvement: A minor storm drain improvement will be implemented for the 4-acre sub-area that used to drain into the existing culvert inlet but will not adequately drain after the culvert extension. The improvement will consist of a riser tower and a RCP (size to be determined) to collect the flows and connect directly into the triple box culvert at the approximate location of the existing culvert inlet. ---PAGE BREAK--- Mitigation Monitoring Program No. 137 9 Timing Measure Responsible for Monitoring Completion d. Featherly Regional Park Channel Improvements: The improvements to the box culvert outlet for energy dissipation of flood flows will include a concrete apron followed by riprap to reduce velocities down to the 10 to 12 feet per second (fps) range. Riprap will also be added to the embankments beyond the concrete apron. To provide additional stabilization of the channel flow velocities will be decreased to the range of 10 to 12 fps where turf-reinforced mesh blankets will be used, and vegetation re-established along the channel bottom and embankments. Turf-reinforced blankets (or equivalent alternatives) will continue along the embankment up to a maximum of 340 feet beyond the riprap leading up to the existing road crossing. Prior to approval of a grading permit, the property owner/developer shall provide evidence to the Department of Public Works that the design and construction of these improvements have been approved by the County of Orange Harbors, Beaches and Parks Department. e. Outlet Points to Natural Channels: Energy dissipation/velocity reduction devices will be employed to ensure flows are released at non-erosive velocities. Such devices may include: riprap, geotextiles, granule filters, fills, grade control structures and/or check dams, or equivalent measures. f. Vegetated floodwall for Community Center: As part of final design, a vegetated floodwall would be incorporated into the portion of the slope of the community center as necessary to satisfy flood control requirements. Department of Public Works Prior to issuance of an Encroachment Permit by Caltrans. PDF 4-2 The Mountain Park Specific Plan includes a Proposed Drainage System Plan (refer to Exhibit 3-9 of the Draft EIR included in Attachment which includes drainage improvements within Caltrans right-of-way. Prior to issuance of an Encroachment Permit, the property owner/developer shall submit a Drainage Plan to Caltrans for review and approval. The Drainage Plan shall demonstrate substantial conformance with the Proposed Drainage System included in the Mountain Park Specific Plan. The Drainage Plan shall include the approximate timing for construction of the following drainage facilities: • SR-241 Drainage Improvements: The improvements along the SR-241 include the abandonment of the existing 72-inch corrugated steel pipe (CSP) in lieu of a 54-inch RCP, the modification of the 42- inch CSP outlet structure, the modification of several smaller drainage systems draining into the proposed 54-inch RCP and 42-inch CSP and the implementation of five Caltrans swales within the Caltrans right-of-way. City of Anaheim Planning Department, and Caltrans (for areas within Caltrans right- of-way) ---PAGE BREAK--- Mitigation Monitoring Program No. 137 10 Timing Measure Responsible for Monitoring Completion SECTION 4.5 − WATER QUALITY Existing Regulations & Standard Conditions Prior to approval of each mass or rough grading plan. SC 5-1 Prior to approval of each mass or rough grading plan, the property owner/developer shall submit a project water quality management plan (WQMP) to the Department of Public Works for review and approval. The WQMP shall demonstrate compliance with the implementation plans under the MS4 Permit, namely the Drainage Area Management Plan/Local Implementation Plan (DAMP/LIP). Department of Public Works Prior to the approval of grading plans. SC 5-2 Prior to the approval of grading plans, the property owner/developer shall provide written evidence to the Department of Public Works that it has filed a Notice of Intent with the Regional Water Quality Control Board in order to obtain coverage under the Construction General Permit (CGP) (NPDES No. CAS000002, Resolution No. 2001-046, or the latest approved CGP). Pursuant to the permit requirements, the property owner/developer shall develop a Stormwater Pollution Prevention Plan that incorporates Best Management Practices for reducing or eliminating construction related pollutants in the site runoff. Department of Public Works Prior to approval of a grading plan. SC 5-3 Prior to approval of a grading plan, the Department of Public Works shall verify that the General Waste Discharge Requirements issued by the Santa Ana Regional Water Quality Control Board Order No. R8-2003-0061, and NPDES No. CAG998001 (or latest approved equivalent) are in effect and shall govern discharges from construction dewatering and water line/sprinkler line testing should they occur during construction. The property owner/developer shall comply with these regulations including provisions requiring notification, testing and reporting of dewatering and testing-related discharges, which shall mitigate any impacts of such discharges. Department of Public Works Prior to issuance of an Encroachment Permit by Caltrans. SC 5-4 Prior to issuance of an Encroachment Permit by Caltrans for construction within Caltrans right-of-way, the property owner/developer shall prepare a Water Pollution Control Program (WPCP) or Storm Water Pollution Prevention Plan as required, in conformance with Caltrans Standard Plans and Standard Specifications for Water Pollution Control. The property owner/developer shall provide Caltrans Permits Branch with a copy of the WPCP or including BMPs to be implemented for construction activities, as required by the NPDES Statewide Storm Water Permit for General Construction activities. City of Anaheim Planning Department, and Caltrans (for areas within Caltrans right- of-way) Prior to issuance of an Encroachment Permit by Caltrans. SC 5-5 Prior to issuance of an Encroachment Permit by Caltrans for construction within Caltrans right-of-way, a note shall be added to the grading plan requiring that any construction activities within Caltrans right-of-way shall be in compliance with the requirements of the Caltrans Statewide NPDES Storm Water Permit, Order No. 99-06-DWQ, NPDES No. CAS000003, in addition to the BMPs specified in the Caltrans Storm Water Management Plan. When applicable, the property owner/developer shall also conform to the requirements of the General NPDES Permit for Construction Activities, Order No. 99-08-DWQ, NPDES No. CAS 000002, and any subsequent General Permit in effect at the time of issuance of an Encroachment Permit. City of Anaheim Planning Department, and Caltrans (for areas within Caltrans right- of-way) ---PAGE BREAK--- Mitigation Monitoring Program No. 137 11 Timing Measure Responsible for Monitoring Completion Project Design Features Prior to approval of each mass or rough grading plan. PDF 5-1 In furtherance of the Orange County Drainage Area Management Plan/City of Anaheim Local Implementation Plan (DAMP/LIP) requirements, the Mountain Park Specific Plan includes the following project design features that shall be incorporated into the final project Water Quality Management Plan (WQMP). These design features meet or exceed the requirements of the DAMP/LIP. Prior to approval of each mass or rough grading plan, the property owner/developer shall submit the Final WQMP to the Department of Public Works incorporating the following measures: a. Site Design BMPs: The following site design BMPs are practices designed to minimize runoff and the introduction of pollutants in storm water runoff. Minimize Impervious Area and Impervious Areas Directly Connected to Storm Drains • Minimize impervious areas by incorporating landscaped areas over substantial portions of the project area consistent with the Development Plan and Concept Landscape Plans. Single family residential landscape areas shall be determined by zoning development standards, including setbacks, lot coverage, street parkway standards, and design objectives; • Minimize directly connected impervious area by draining parking lots to landscaped areas or bioretention facilities to promote filtration and infiltration of storm water, if landscaping slopes are less than 2 percent and the project is not adjacent to steep slopes; • Utilize vegetated areas, e.g., setbacks, swales, end islands, and median strips, for biofiltration and bioretention of nuisance and storm runoff flows from parking lots and other impervious areas; and • Design sidewalks to drain into landscaping and swales prior to discharging to the storm water conveyance system. Selection of Construction Materials and Design Practices • Select building material for roof gutters and downspouts that do not include copper or zinc; and • Construct streets, sidewalks, and parking lot aisles to the minimum widths specified in the Anaheim Municipal Code or adopted Specific Plan and in compliance with the Development Plan and regulations for the Americans with Disabilities Act and safety requirements for fire and emergency vehicle access. Incorporate landscaped buffer areas between sidewalks and streets in compliance with the Development Plan and Anaheim Municipal Code. Department of Public Works ---PAGE BREAK--- Mitigation Monitoring Program No. 137 12 Timing Measure Responsible for Monitoring Completion Conserve Natural Areas • Preserve existing riparian areas along Gypsum Canyon Creek and protect with buffer zones per the Development Plan; • Preserve 2,163 acres of open space within the project boundary outside of the development area, including NCCP open space areas, open space devoted to conservation easements, and other open space; • Concentrate or cluster development on the least environmentally sensitive portions of the project site the quarry site) while leaving the remaining land in a natural, undisturbed condition; Non-Structural Source Control BMPs N1 Education for property owners, tenants and occupants – practical information materials shall be provided to the first residents/occupants/ tenants on general housekeeping practices that contribute to the protection of storm water quality. The Homeowner’s Association (HOA) shall have an ongoing educational material distribution program. At a minimum, these materials shall cover the following topics: 1. The use of chemicals (including household type) that should be limited to the property, and avoidance of discharge of specified wastes via hosing or other means to gutters, catch basins, and storm drains. 2. The proper importance of appropriate irrigation techniques and proper handling/application of material such as fertilizers, herbicides, pesticides, cleaning solutions, paint products, automotive products, and swimming pool chemicals, and swimming pool drainage. • Use natural drainage systems to the maximum extent practicable or create drainages vegetated swales) that mimic natural conveyances and allow for storm water infiltration as well as pollutant removal; and • Maximize canopy interception and water conservation by preserving existing native trees and shrubs in natural open space areas outside of the development area, incorporating new trees into project design pursuant to landscape and reforestation plan, and including native or drought resistant plants in development plant palettes. Protect Slopes and Channels • Protect slopes: minimize erosion potential with vegetative cover, route flows safely away from steep and/or sensitive slopes, stabilize disturbed slopes; and ---PAGE BREAK--- Mitigation Monitoring Program No. 137 13 Timing Measure Responsible for Monitoring Completion • Protect channels: control and treat flows in landscaping and/or other controls prior to reaching existing natural drainage systems, stabilize channel crossings, ensure that increases in runoff velocity and frequency caused by the project do not erode the channel, install energy dissipaters, such as riprap, at the outlets of storm drains or conveyances. b. Source Control BMPs: The following source control BMPs shall be implemented in order to minimize the amount of pollutants in dry weather (nuisance) flows and in storm water runoff from the project. 3. The environmental and legal impacts of illegal dumping of harmful substances into storm drains and sewers. 4. Alternative household products that are safer to the environment. 5. Household hazardous waste collection programs. 6. Used oil-recycling programs. 7. Proper procedures for spill prevention and clean up. 8. Proper storage of materials that pose pollution risks to local waters. 9. Carpooling programs and public transportation alternatives to driving. N2 Activity restrictions (Conditions, Covenants, and Restrictions) – Conditions, Covenants, and Restrictions (CC&Rs) shall be prepared as necessary and shall address surface water quality protection, or, alternatively, use restrictions shall be developed through lease terms. N3 Common area landscape management – ongoing maintenance shall be consistent with City of Anaheim Landscape Water Efficiency (Chapter 10.19 of the Anaheim Municipal Code), plus fertilizer and/or pesticide usage shall be consistent with County Management Guidelines for Use of Fertilizers (DAMP Section 5.5). See also, efficient irrigation systems under structural controls. N4 BMP maintenance – Homeowners Associations (HOAs) shall be responsible for the inspection and maintenance of structural BMPs (including treatment controls) located within the HOA boundaries. These BMPs are outlined below. N11 Common area litter control – HOA shall conduct litter patrol; provide for covered trash receptacles, trashcans with lids, and emptying of trash receptacles in common areas; note trash disposal violations by tenants/homeowners or businesses and report the violations to the owner/HOA for investigation shall be conducted. ---PAGE BREAK--- Mitigation Monitoring Program No. 137 14 Timing Measure Responsible for Monitoring Completion N14 Common area drainage facility inspection – Privately-owned drainage facilities shall be inspected each year and, if necessary, cleaned and maintained prior to the storm season, no later than October 1st each year. Drainage facilities include catch basins and inlets, catch basin inserts, water quality basins, detention basins, other treatment facilities, and open drainage channels. N15 Street sweeping private streets and parking lots – Streets shall be swept prior to the storm season in late summer/early fall, no later than October 1st of each year. Parking lots at the private community center shall be swept weekly at a minimum, weather permitting. Structural Source Control BMPs • Provide Storm Drain Stenciling and Signage − all storm drain inlets and catch basins, constructed or modified, within the project area shall be stenciled or labeled. Signs, which prohibit illegal dumping, shall be posted at public access points along channels and creeks within the project area. Legibility of stencils and signs shall be maintained. • Trash Area Design – trash areas shall be paved, designed not to allow run-on, screened or walled to prevent off-site transport of trash; and covered to minimize direct precipitation. Common area litter control shall include a litter patrol, covered trash receptacles, emptying of trash receptacles in a timely fashion, and noting trash violations by tenants/homeowners and reporting the violations to the owner/HOA for investigation. Connection of trash area drains to the municipal storm drain system shall be prohibited. • Efficient Irrigation − the timing and application methods of irrigation water in common areas shall minimize the runoff of excess irrigation water into the storm water conveyance system. • Protect Slopes and Channels − storm water BMPs shall be included to decrease the potential for erosion of slopes and/or channels, and may include appropriate conveyance structures, landscaping, etc. • Hillside Landscaping − Hillside areas that are disturbed by project development shall be landscaped with deep-rooted, drought tolerant plant species selected for erosion control. • Fire Station − Catch basin inserts with hydrocarbon absorption mats shall be provided for the fire station and vehicle maintenance shall be performed indoors and shall therefore not enter into the storm drain system because indoor drains flow to the sanitary sewer system. ---PAGE BREAK--- Mitigation Monitoring Program No. 137 15 Timing Measure Responsible for Monitoring Completion c. Treatment Control BMPs: The following treatment control BMPs are a part of the conceptual water quality treatment program included in the Mountain Park Specific Plan (refer to Exhibit 3-10). Prior to the issuance of grading permits, the property owner/developer shall include the following features in the final WQMP submitted to the Department of Public Works for review and approval. • Storm water runoff from the disturbance area shall be routed to nine water quality basins. Collectively, the water quality basins shall treat runoff from approximately 488 acres within the disturbance area. The water quality basins shall incorporate dry extended detention to provide water quality treatment for storm flows. Dry extended detention basins are designed with outlets that detain the runoff volume from the water quality design storm the 85th percentile 24-hour event) for some minimum time (36 hours) to allow particles and associated pollutants to settle out. • The water quality basins shall incorporate wetland vegetation along the low flow channel in the bottom of the basin for the treatment of dry weather flows and small storm events. These basins shall not contain ponded or standing water for periods in excess of 48 hours. • The park and school site shall have a water quality basin or BMP with equivalent treatment effectiveness with the sizing of the treatment based on the DAMP/LIP requirements. • Per the MS4 permit, the water quality basins within the proposed project shall be designed to contain a “water quality pool” sized to meet the maximized storm water capture volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87 (1998). The water quality pool is designed to drain in 36 hours. • Approximately 4.1 acres of roadway that does not drain to the basins shall be treated with filter strips (a type of biofilter) designed per the MS4 permit and DAMP/LIP requirements treating a flow rate two times the 85th percentile hourly rainfall as determined by historical rainfall. The water tank located in Development Area 7 shall also be treated using a filter strip or a bioswale, designed per DAMP/LIP requirements. • Offsite roadway improvements shall be treated by BMPs providing treatment equivalent to that provided by biofiltration (bioswales or filter strips) sized pursuant to the criteria in the MS4 permit. ---PAGE BREAK--- Mitigation Monitoring Program No. 137 16 Timing Measure Responsible for Monitoring Completion SECTION 4.6 − BIOLOGICAL RESOURCES Existing Regulations & Standard Conditions Prior to approval of mass or rough grading plans impacting jurisdictional areas. SC 6-1 Prior to approval of mass or rough grading plans impacting jurisdictional areas, the property owner/developer shall provide written evidence to the Department of Public Works of compliance with the provisions of Section 1602 of the California Fish and Game Code. This shall be accomplished by providing a copy of the executed Streambed Alteration Agreement. Department of Public Works Prior to approval of mass or rough grading plans impacting jurisdictional areas. SC 6-2 Prior to approval of mass or rough grading plans impacting jurisdictional areas, the property owner/developer shall provide the Department of Public Works with a copy of the executed Section 404 permit obtained from the Army Corp of Engineers (ACOE). Department of Public Works Prior to approval of mass or rough grading plans. SC 6-3 Prior to approval of mass or rough grading plans, the property owner/developer shall provide the Department of Public Works with a copy of the Section 401 water quality certification obtained from the Regional Water Quality Control Board Department of Public Works Prior to approval of mass or rough grading plans. SC 6-4 Prior to approval of mass or rough grading plans, the project biologist shall review the following contract specifications to verify that the following measures to minimize impacts to the coastal California gnatcatcher and other coastal sage scrub (CSS) species have been included on the specifications. The project biologist shall provide written evidence to the Department of Public Works in the form of a note on the grading plans that this condition has been completed. • To the maximum extent practicable, no grading of coastal sage scrub (CSS) habitat that is occupied by nesting gnatcatchers will occur during the breeding season (February 15 through July 15). 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 will provide United State Fish and Wildlife Service/California Department of Fish and Game (USFWS/CDFG) with the maximum practicable notice (or such notice as is specified in the Natural Communities Conservation Program/Habitat Conservation Plan (NCCP/HCP) to allow for capture of gnatcatchers, cactus wrens, and any other CSS Identified Species that are not otherwise flushed, and will carry out the following measures only to the extent as practicable in the context of the public health and safety considerations. Department of Public Works ---PAGE BREAK--- Mitigation Monitoring Program No. 137 17 Timing Measure Responsible for Monitoring Completion • Prior to commencement of grading operations or other activities involving significant soil disturbance, all areas of CSS habitat to be avoided under the provisions of the NCCP/HCP, shall be identified with temporary fencing or other markers clearly visible to construction personnel. Additionally, prior to the commencement of grading operations or other activities involving disturbance of CSS, 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 shall be clearly marked and identified on the construction/grading plans. • A monitoring biologist, acceptable to USFWS/CDFG will be on-site during any clearing of CSS. The landowner or relevant public agency/ utility will advise USFWS/CDFG at least seven calendar days [and preferably fourteen (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 will be captured 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. • Following the completion of initial grading/earth movement activities, all areas of CSS habitat to be avoided by construction equipment and personnel will be marked with temporary fencing and other appropriate markers clearly visible to construction personnel. No construction access, parking, or storage of equipment or materials will be permitted within such marked areas. • In areas bordering the NCCP Reserve System or Special Linkage/Special Management areas containing significant CSS identified in the NCCP/HCP for protection, vehicle transportation routes between cut-and-fill locations will be restricted to a minimum number during construction consistent with project construction requirements. Waste dirt or rubble will not be deposited on adjacent CSS 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. • CSS identified in the NCCP/HCP for protection and located within the likely dust drift radius of construction areas shall be periodically sprayed with water to reduce accumulated dust on the leaves as recommended by the monitoring biologist. ---PAGE BREAK--- Mitigation Monitoring Program No. 137 18 Timing Measure Responsible for Monitoring Completion Prior to approval of mass or rough grading plans. SC 6-5 Prior to approval of mass or rough grading plans, the property owner/developer shall report the amount of coastal sage scrub that would be impacted by proposed grading activities. The amount of coastal sage scrub impacts shall be noted on plans submitted for grading permits and submitted to the Planning Department and to the Nature Reserve of Orange County (NROC) to ensure that a proper accounting of coastal sage scrub impacts is recorded for purposes of the NCCP/HCP. Planning Department On an annual basis until grading activities are complete. SC 6-6 On an annual basis until grading activities are complete, the property owner/developer shall provide the Planning Department and Nature Reserve of Orange County (NROC) with a calculation of the total amount of coastal sage scrub that has been removed during the calendar year. Planning Department Prior to approval of mass or rough grading plans. SC 6-7 Prior to approval of mass or rough grading plans, the project biological monitor shall provide written verification to the Department of Public Works that the appropriate provisions of the comprehensive mitigation program for the foothill mariposa lily approved by the United State Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) in March 2004 for the Irvine Company’s “North Ranch” projects (including the Mountain Park Specific Plan project) shall be implemented consistent with the approved plan. The March 2004 mitigation program is included in Appendix E. Department of Public Works Project Design Features Prior to approval of tentative tract or parcel maps. PDF 6-1 Prior to approval of tentative tract or parcel maps, the project biologist shall submit written verification in the form of a note on the tentative tract or parcel maps, that the project development boundaries are consistent with the Open Space, Trail and Bikeway Plan identified in Exhibit 3-8 of the Draft EIR (included in Attachment The proposed project includes 2,163 acres of preserved open space: NCCP/HCP Reserve (940 acres), The Nature Conservancy Anaheim Conservation Easement (TNC ACE) (913 acres) and 310 acres of additional open space throughout the project site not related to the NCCP/HCP Reserve or TNC ACE. Planning Department Mitigation Measures Prior to initiation of construction activities. MM 6-1 Prior to initiation of construction activities, the property owner/developer shall retain a project biological monitor approved by both the United States Fish and Wildlife Services and California Department of Fish and Game. The project biological monitor shall ensure that all permit conditions are met, all mitigation measures are properly implemented, and that the project complies with all standard conditions and project design features. The project biological monitor shall also be present during any pre-grade meetings, mass grading operations, and periodically during construction to ensure that sensitive resources designated for preservation are properly protected. Beginning with the initiation of construction or grading activities, the project biological monitor shall submit status reports to the Planning Department to demonstrate compliance with this measure. Planning Department ---PAGE BREAK--- Mitigation Monitoring Program No. 137 19 Timing Measure Responsible for Monitoring Completion Prior to the approval of mass or rough grading plans impacting jurisdictional areas. MM 6-2 Prior to the approval of mass or rough grading plans impacting jurisdictional areas, the property owner/developer shall provide a wetland mitigation plan approved by the ACOE (for Section 404 areas) and CDFG (for the Section 1602 areas) to the Department of Public Works. A total of 14.1 acres of riparian mitigation are necessary to offset the loss of ACOE and CDFG jurisdictional areas as a result of the proposed project. A Conceptual Wetland and Riparian Habitat Mitigation Plan has been prepared by JSA (February, 2005). The purpose of the mitigation plan is to: Department of Public Works • Create (establish), restore, or enhance wetland/riparian habitats on-site to the maximum extent practicable to minimize the on-site loss of ACOE and CDFG jurisdictional acreage and function, and provide off-site mitigation for the remainder of the impacts; • To implement, to the extent practicable, off-site mitigation in the Santa Ana River watershed, as close to the study area as possible or otherwise at a key ecological site; • To return jurisdictional habitats that are temporarily disturbed during construction to pre-construction conditions; and, • To ensure that adjacent non-jurisdictional habitats are protected. The on-site mitigation that shall be implemented to address the impacts of the box extension on the already disturbed Gypsum Canyon Creek channel shall include a rebuilt creek as a low-flow riparian corridor through the canyon mouth area. The box extension shall act as a high-flow by-pass that efficiently conveys the more intense and destructive flood flows. The riparian corridor shall extend upstream to the road crossing of Gypsum Canyon Creek. The riparian corridor shall consist of a riverine channel flanked by planted embankments. The riverine channel would be soft bottom and the riparian vegetated floor would be nurtured by low and seasonal run-off diverted into it from a channel split from the new box culvert opening. This "splitter" shall consist of a junction opening that becomes a tunnel that would accommodate storm flows as well as wildlife movement under the road crossing to the riparian corridor. Prior to approval of mass or rough grading plans. MM 6-3 Prior to approval of mass or rough grading plans, the property owner/developer shall submit copies of contractor specifications to the Department of Public Works that include the following note: “Initial clearing of vegetation that has been identified as being used by the southwestern willow flycatcher shall be conducted outside of the breeding season or with the presence of a biological monitor during the breeding season to ensure that no individuals of this species are directly impacted. The breeding season for the southwestern willow flycatcher is between May 15 and July 31.” Following completion of initial clearing of vegetation, the project biological monitor shall provide written evidence to the Planning Department that this measure has been completed. Department of Public Works ---PAGE BREAK--- Mitigation Monitoring Program No. 137 20 Timing Measure Responsible for Monitoring Completion Prior to approval of mass or rough grading plans for Development Areas 1, 2, 3, 4 and 7. MM 6-4 Prior to approval of mass or rough grading plans for Development Areas 1, 2, 3, 4 and 7, the project biologist shall provide to the Planning Department a translocation program for the many-stemmed dudleya, approved by the United States Fish and Wildlife Service and California Department of Fish and Game. The project biological monitor shall provide written notification to the Planning Department when the translocation program has been completed. The Mountain Park many-stemmed dudleya translocation program shall utilize the following techniques and meet the following standards: • Relocation of a minimum of at least 50 percent of the corms from impact areas to receptor sites. The relocation of topsoil including corms (topsoil relocation method) shall occur in late fall/early winter (November- January). Corm salvage using the “soil sieving method” shall occur when soils are still dry; therefore, as early as possible between October and December. Corms collected using the “soil sieving method” shall be replanted as soon as possible after collection (November-January). • Seed collection from impact areas followed by hand broadcasting at appropriate receptor sites; and seed collection with propagation, nursery rearing, and translocation to appropriate sites. Seed collection would occur in late spring (May-June). Planning Department Prior to approval of street improvement plans for Gypsum Canyon Road. MM 6-5 Prior to approval of street improvement plans for Gypsum Canyon Road, the property owner/developer shall submit copies of contractor specifications to the Department of Public Works that include the following requirements to protect the summer roost of Yuma myotis within the Gypsum Canyon culverts under the 91 Freeway: construction activities to lengthen the culverts shall be scheduled outside of the critical breeding time (May 1 through August 15) to avoid direct impacts; if construction must occur between May 1 and August 15, all construction activities shall occur outside the current culverts and no deeper than 25 feet inside the culverts to avoid a negative effect on the colony; no night work shall occur around the culvert openings and only construction lighting necessary for safety purposes shall be used near the culvert openings. Following completion of construction activities associated with the culverts, the project biological monitor shall provide written notification to the Planning Department that the contractor specifications have been complied with. Department of Public Works Prior to approval of mass or rough grading plans. MM 6-6 Prior to approval of mass or rough grading plans, the property owner/ developer shall submit copies of contractor specifications to the Department of Public Works that include the following requirements to protect nesting birds regulated by the Migratory Bird Treaty Act: “When feasible, vegetation removal activities shall be scheduled between July 16 and February 14 to avoid the nesting season. This would ensure that no active nests would be disturbed and that removal could proceed rapidly. If vegetation removal activities shall occur during the nesting season (February 15 to July 15), all suitable habitat shall be thoroughly surveyed for the presence of nesting birds by a qualified biologist prior to removal. If any active nests are detected, the area shall be flagged, along with a minimum 50-foot buffer Department of Public Works ---PAGE BREAK--- Mitigation Monitoring Program No. 137 21 Timing Measure Responsible for Monitoring Completion (buffer may range between 50 and 300 feet as determined by the monitoring biologist), and shall be avoided until the nesting cycle is complete or it is determined by the monitoring biologist that the nest has failed.” In addition, a biologist shall be present on the site to monitor the vegetation removal to ensure that nests not detected during the initial survey are not disturbed. The project biological monitor shall provide written notification to the Planning Department that these requirements have been accomplished following completion of grading activities associated with each grading permit. Prior to the issuance of building permits. MM 6-7 Prior to the approval of each final tract or parcel map or the issuance of grading permits, whichever occurs first, the property owner/developer shall provide the Department of Public Works with a Natural Resource Management Plan to be included in the Conditions, Covenants, and Restrictions (CC&Rs) for open space areas to be maintained by the Homeowner’s Association. The Natural Resource Management Plan shall include requirements, including timing restrictions, for vegetation removal from water quality basins included in the Water Quality Management Plan; management of native habitat within open space areas; proper management of household pets to avoid impacts to native species; and, rules and regulations for human use of open space areas. Planning Department Prior to issuance of building permits. MM 6-8 In conjunction with the sale of each dwelling unit, the property owner/developer shall provide each homeowner with a copy of the Nature Reserve of Orange County Wildland Interface Brochure, along with its attachments. The brochure shall be included as part of the sales literature for the project to educate homeowners on the responsibilities associated with living at the wildland interface. The brochure shall address relevant issues, including the role of natural predators in the wildlands and how to minimize impacts of humans and domestic pets on native communities and their inhabitants A copy of the brochure shall be provided to the City of Anaheim Planning Department prior to the first final building and zoning inspection. Planning Department Prior to approval of mass or rough grading plans for Development Area 4. MM 6-9 Prior to approval of mass or rough grading plans for Development Area 4, the project biologist shall provide to the Planning Department a long-spined spineflower preservation, enhancement and long-term management plan, approved by the California Department of Fish and Game. The plan shall be prepared by a qualified biologist and include the following: an appropriate mechanism to preserve the remaining population (at current levels), together with any unoccupied but appropriate habitat and an adequate biological buffer area; a provision for enhancing the population by collection of seed prior to the impact and the use of that seed in areas with appropriate habitat conditions; methods to ensure that site conditions are not degraded by activities adjacent to the site or unauthorized activities on the site; an adaptive management strategy that will allow implementation of any needed changes in management strategies and activities over time; identification of a qualified natural resource manager to carry out the plan and a financial mechanism to ensure that the plan can be implemented in perpetuity. Planning Department ---PAGE BREAK--- Mitigation Monitoring Program No. 137 22 Timing Measure Responsible for Monitoring Completion SECTION 4.7 − TRAFFIC AND CIRCULATION Existing Regulations & Standard Conditions Prior to the issuance of each building permit. SC 7-1 Prior to the issuance of each building permit, the Foothill/Eastern Transportation Corridor Major Thoroughfare and Bridge Fees shall be paid by the property owner/developer to the City of Anaheim. Payment of these fees provides for the project’s fair share contribution to the ultimate improvements to SR-241 and SR-261. Planning Department Project Design Features Prior to approval of each tentative tract or parcel map. PDF 7-1 The Mountain Park Specific Plan includes a circulation system consisting of on-site roadways (refer to Exhibit 4.7-5 of the Draft EIR included in Attachment The tentative tract or parcel maps submitted for review and approval, will incorporate preliminary street design features cross- sections, alignment and grades) demonstrating consistency with the proposed circulation system. Prior to approval of each tentative tract or parcel map, the subdivision map shall be prepared consistent with the Mountain Park Specific Plan Circulation System Plan (Exhibit 4.7-5 of the Draft EIR) to the satisfaction of the City Engineer. All street improvements within the subdivision map shall be completed prior to the final building and zoning inspection for units served by said improvement. City Engineer Prior to approval of development area plans and tentative tract or parcel map. PDF 7-2 The Mountain Park Specific Plan includes a circulation system including the following off-site roadway improvements (refer to Exhibit 4.7-5 of the Draft EIR included in Attachment A) identified in the Mountain Park Specific Plan, the City of Anaheim General Plan and Orange County Master Plan of Arterial Highways. The development area plans and tentative tract or parcel maps, submitted for review and approval, shall incorporate preliminary street design features cross-sections, alignment and grades) demonstrating that the proposed circulation system is consistent with that defined in the Mountain Park Specific Plan, the City of Anaheim General Plan and the Orange County Master Plan of Arterial Highways. • Gypsum Canyon Road − Improved from a two-lane undivided roadway to a four-lane divided roadway from the SR-91 westbound off-ramp to the proposed Santa Ana Canyon Road realignment. A construction contract for improvements to this portion of Gypsum Canyon Road shall be awarded prior to issuance of the first building permit in development areas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for areas east of SR-241. ---PAGE BREAK--- Mitigation Monitoring Program No. 137 23 Timing Measure Responsible for Monitoring Completion • Santa Ana Canyon Road – Realign and improve from a two-lane undivided roadway to a four-lane divided roadway from SR-241 to Gypsum Canyon Road. A construction contract for improvements to this portion of Santa Ana Canyon Road shall be awarded prior to issuance of the first building permit in development areas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for areas east of SR-241. • Weir Canyon Road (Oak Canyon Drive to Blue Sky Way) – Restripe approximately 600-feet to transition from a six-lane roadway at Oak Canyon Drive to a four-lane roadway at Blue Sky Way prior to issuance of the first building permit for Development Areas 3 or 7, whichever occurs first. • Weir Canyon Road (Blue Sky Way to SR-241) − Construct as a four-lane divided roadway from Blue Sky Way to SR-241 (includes elimination of the northbound left-turn lane at the Weir Canyon Road/Blue Sky Road intersection). Improvements to this portion of Weir Canyon Road shall be completed prior to the first final building and zoning inspection for Development Areas 3 or 7, whichever occurs first. • Gypsum Canyon Road and SR-91 Westbound Ramp intersection – Add second northbound through lane. A construction contract for improvements to this portion of intersection shall be awarded prior to issuance of the first building permit for development areas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for areas east of SR-241. • Gypsum Canyon Road and SR-91 Eastbound Ramp intersection – Add second northbound and southbound through lanes. A construction contract for improvements to this portion of intersection shall be awarded prior to issuance of the first building permit in development areas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development areas for east of SR-241. City Engineer ---PAGE BREAK--- Mitigation Monitoring Program No. 137 24 Timing Measure Responsible for Monitoring Completion • Gypsum Canyon Road/Santa Ana Canyon Road intersection – Improve to provide two southbound through lanes and a southbound right-turn lane, two northbound through lanes and a northbound left-turn lane, and two eastbound left-turn lanes and an eastbound right-turn lane. A construction contract for improvements to this intersection shall be awarded prior to the issuance of the first building permit in development areas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for areas east of SR-241. • Oak Canyon Drive, east of Running Springs Road – This portion of Oak Canyon Drive within City right-of-way will be abandoned by the City of Anaheim and improved with a vehicle maintenance road and landscaping (see Exhibit 3-17). The maintenance road will be gated to the satisfaction of the City Engineer. Improvements associated with this portion of Oak Canyon Drive within City right-of-way shall be substantially completed prior to issuance of the first building permit in development areas west of SR-241. Prior to completion of the Mountain Park Drive bridge over-crossing. PDF 7-3 The proposed project includes the construction of the SR-241/Weir Canyon Road interchange with ramps to and from the south on SR-241 and construction of a bridge over SR-241 for Mountain Park Drive. Prior to completion of the Mountain Park Drive bridge over-crossing, the design for the construction of the SR-241/Weir Canyon Road interchange shall be awarded. Construction of the SR-241/Weir Canyon Road interchange shall be completed prior to issuance of the 421st building permit on the east side of SR-241. Department of Public Works Prior to opening of models for development areas east of SR-241. PDF 7-4 The proposed project includes the construction of a bridge over SR-241 for Mountain Park Drive. Prior to opening of models for development areas east of SR-241, the Mountain Park Drive over-crossing construction shall be completed. Department of Public Works Mitigation Measures Prior to issuance of the first building permit. MM 7-1 Prior to issuance of the first building permit, the property owner/developer shall make one lump sum payment for the fair or full share (as identified in the following text) of the cost to the City of Anaheim for implementation of the following roadway and intersection improvements. Evidence of payment shall be provided to the Department of Public Works. • Weir Canyon Road/La Palma Avenue Intersection – Add a third northbound through lane and convert southbound right-turn lane to shared third through/right-turn lane; and convert the second eastbound through lane to a shared second through/second right-turn lane (this would require eliminating the existing eastbound right-turn green arrow overlap with the northbound left-turn movement). The first improvement is committed to be constructed before the year 2010 by the Cities of Anaheim and Yorba Linda using secured Orange County Measure M funds and expected matching local funds from the City of Yorba Linda and the City of Anaheim Redevelopment Agency. The Department of Public Works ---PAGE BREAK--- Mitigation Monitoring Program No. 137 25 Timing Measure Responsible for Monitoring Completion property owner/developer is responsible for paying its fair share of the funds that have yet to be allocated by the City of Anaheim. The second improvement is not funded and the property owner/developer shall be responsible for paying 100% of the entire cost of the improvement. The 100% commitment exceeds the project’s share of future AM and PM peak hour traffic at this intersection under 2025 MPAH build-out conditions with the East Orange GPA and MPAH Amendments which is approximately 37 percent. • Weir Canyon Road between La Palma Avenue and SR-91 − Improve the operations of the section of roadway at SAVI Ranch Road/Weir Canyon Road through geometric improvements, adding directional signage and providing an interconnected signal to optimize traffic movement progression within the mid-block segment. This improvement is committed to be implemented by the Cities of Anaheim and Yorba Linda before the Year 2010 using secured OCTA Measure M funds and matching local funds that have yet to be allocated. The property owner/developer is responsible for paying its fair share of the funds that have yet to be allocated by the City of Anaheim. The project share of future AM and PM peak hour traffic on this roadway under 2025 MPAH build-out conditions with the East Orange GPA and MPAH Amendments is approximately 30 percent. • Weir Canyon Road/Santa Ana Canyon Road Intersection − Convert eastbound third through lane to third left-turn lane. The property owner/ developer shall be responsible for paying its fair share of the entire cost of the improvement as determined by the Department of Public Works. The project share of future AM and PM peak hour traffic at this intersection under 2025 MPAH build-out conditions with the East Orange GPA and MPAH Amendments is approximately 35 percent. The City of Anaheim shall monitor the Level of Service at this intersection at a minimum every two years and, per the requirements of the OCTA Measure M funding, is committed to funding the remaining costs of the improvements at such time as the improvements are deemed necessary to provide an acceptable Level of Service D at this location. Prior to approval of street improvement plans for Mountain Park Drive. MM 7-2 Prior to approval of street improvement plans for Mountain Park Drive, the property owner/developer shall provide a final roadway design plan to the Department of Public Works with Mountain Park Drive designed to Modified Hillside Collector standards and with curvilinear alignments that provide adequate sight distance for safety purposes as approved by City Engineer. Department of Public Works Prior to the approval of each development area plan. MM 7-3 Prior to the approval of each development area plan, the property owner/ developer shall submit a traffic phasing plan. The plan shall be reviewed and approved by the Department of Public Works, Development Services Division and Traffic Engineering Division, and the Fire Department. The plan shall also be submitted for review and comment by Caltrans if any portion of the plan involves Caltrans facilities. The plan shall include the following items: Department of Public Works, Development Services Division, Traffic Engineering Division, an ---PAGE BREAK--- Mitigation Monitoring Program No. 137 26 Timing Measure Responsible for Monitoring Completion 1. Documentation of the number of units and product types of each development area, and resulting Level of Service (LOS) shall be provided for locations listed in PDF 7-2. 2. Phasing of roadway construction, specifying which roads shall be constructed as backbone streets and which roads shall be constructed with tract development. 3. Traffic improvements (including signals, signage and striping) to local streets, arterials and intersections, freeway interchanges and bridge over-crossings. 4. Identification of measures that will be incorporated to minimize the impacts of project construction traffic on Gypsum Canyon Road between the SR-91 westbound off-ramp and Santa Ana Canyon Road; Gypsum Canyon Road/SR-91 interchange ramps; and Santa Ana Canyon Road between Gypsum Canyon Road and Weir Canyon Road prior to completion of the improvements listed in PDF 7-2. Caltrans (if plan involves Caltrans facilities) Prior to approval of a grading plan for each development area. MM 7-4 Prior to approval of a grading plan for each development area, the property owner/developer shall submit a traffic control plan including construction haul routes, duration and location of lane closures, and any pedestrian-related impacts to sidewalks and intersection crossings, for review and approval by the Department of Public Works, Development Services Division and Traffic Engineering Division. Department of Public Works, Development Services Division, and Traffic Engineering Division. SECTION 4.8 − AIR QUALITY Mitigation Measures Prior to approval of the first grading plan. Construction: Particulate Emission (PM10) Control MM 8-1 Prior to approval of the first grading plan, the following requirements shall be incorporated into the Storm Water Pollution Prevention Program and Erosion and Sedimentation Control Plan submitted for review and approval by the Department of Public Works. During construction of the proposed project, the property owner/development and its contractors shall be required to comply with regional rules, which shall assist in reducing short-term air pollutant emissions. SCAQMD Rule 402 requires that air pollutant emissions not be a nuisance off-site. SCAQMD Rule 403 requires that fugitive dust be controlled with the best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Two options are presented in Rule 403: monitoring of particulate concentrations or active control. Monitoring involves a sampling network around the project with no additional control measures unless specified concentrations are exceeded. The active control option does not require any monitoring, but requires that a list of measures be implemented starting with the first day of construction. Department of Public Works ---PAGE BREAK--- Mitigation Monitoring Program No. 137 27 Timing Measure Responsible for Monitoring Completion Rule 403 requires that “No person conducting active operations without utilizing the applicable best available control measures included in Table 1 of this Rule to minimize Fugitive dust emissions from each fugitive dust source type within the active operation.” The measures from Table 1 of Rule 403 areprovided in Attachment B. The applicable measures presented in Table 1 are required to be implemented by Rule 403. Rule 403 requires that “Large Projects” implement additional measures. A Large Project is defined as “any active operations on property which contains 50 or more acres of disturbed surface area; or any earth-moving operation with a daily earth-moving or throughput volume of 3,850 cubic meters (5,000 cubic yards) or more three times during the most recent 365 day period. Grading of the project would be considered a Large Project under Rule 403. Therefore, the project shall be required to implement the applicable actions specified in Table 2 of the Rule. Table 2 from Rule 403 is presented in Attachment B. As a Large Operation, the project shall also be required to: • Submit a fully executed Large Operation Notification (SCAQMD Form 403N) to the SCAQMD Executive Officer within 7 days of qualifying as a large operation. • Include, as part of the notification, the name(s), address(es), and phone number(s) of the person(s) responsible for the submittal, and a description of the operation(s), including a map depicting the location of the site. • Maintain daily records to document the specific dust control actions taken, maintain such records for a period of not less than three years; and make such records available to the Executive Officer upon request. • Install and maintain project signage with project contact signage that meets the minimum standards of the Rule 403 Implementation Handbook, prior to initiating any earthmoving activities. • Identify a dust control supervisor that is employed by or contracted with the property owner/developer, is on the site or available on-site within 30 minutes during working hours, has the authority to expeditiously employ sufficient dust mitigation measures to ensure compliance with all Rule requirements, and has completed the AQMD Fugitive Dust Control Class and has been issued a valid Certificate of Completion for the class. • Notify the SCAQMD Executive Officer in writing within 30 days after the site no longer qualifies as a large operation. ---PAGE BREAK--- Mitigation Monitoring Program No. 137 28 Timing Measure Responsible for Monitoring Completion Rule 403 also requires that the construction activities “shall not cause or allow PM10 levels exceed 50 micrograms per cubic meter when determined by simultaneous sampling, as the difference between upwind and down wind sample.” Large Projects that cannot meet this performance standard are required to implement the applicable actions specified in Table 3 of Rule 403. Table 3 from Rule 403 is presented in Attachment B. Rather than perform monitoring to determine conformance with the performance standard, which will not reduce PM10 emissions, the project shall implement all applicable measures presented in Rule 403 Table 3 regardless of conformance with the Rule 403 performance standard. This potentially results in a higher reduction of particulate emissions than if these measures were implemented only after being determined to be required by monitoring. Further, Rule 403 requires that that the project shall not “allow track-out to extend 25 feet or more in cumulative length from the point of origin from an active operation.” All track-out from an active operation is required to be removed at the conclusion of each workday or evening shift. Any active operation with a disturbed surface area of five or more acres or with a daily import or export of 100 cubic yards or more of bulk materials must utilize at least one of the measures listed in Attachment B at each vehicle egress from the site to a paved public road. Prior to approval of grading plans. Construction: Construction Equipment Emission Control MM 8-2 Prior to approval of grading plans, the property owner/developer shall include the following notes on the contractor specifications submitted for review and approval by the Department of Public Works: “To reduce construction equipment emissions, the following measures shall be implemented when feasible. • Use low emission mobile construction equipment. The property owner/ developer shall comply with CARB requirements for heavy construction equipment. • Maintain construction equipment engines by keeping them tuned. • Use low sulfur fuel for stationary construction equipment. This is required by SCAQMD Rules 431.1 and 431.2. • Utilize existing power sources power poles) when feasible. This measure would minimize the use of higher polluting gas or diesel generators. • Configure construction parking to minimize traffic interference. • Minimize obstruction of through-traffic lanes. When feasible, construction should be planned so that lane closures on existing streets are kept to a minimum. • Schedule construction operations affecting traffic for off-peak hours. Department of Public Works ---PAGE BREAK--- Mitigation Monitoring Program No. 137 29 Timing Measure Responsible for Monitoring Completion • Develop a traffic plan to minimize traffic flow interference from construction activities (the plan may include advance public notice of routing, use of public transportation and satellite parking areas with a shuttle service. • Use aqueous diesel fuel where feasible and reasonably commercially available. • Use cooled exhaust gas recirculation (EGR) where feasible and reasonably commercially available. Several of the mitigation measures listed above are advanced emission control technologies, which are currently not commercially available. For example, aqueous diesel fuel reduces NOX formation by reducing combustion temperatures, resulting in lower NOX emissions. According to the SCAQMD, the current availability of this fuel technology is limited, and it may not be available for use for the project. In addition, with EGR diesel engines, a small amount of hot exhaust gas is routed through a cooler and mixed with fresh air entering the engine. The exhaust gas helps reduce the temperature during combustion, which lowers the formation of thermal NOX. EGR technology is in the development phase, and has not been fully commercialized. To the extent that the advanced emissions control technologies become reasonably commercially available, or are required by the CARB from grading contractors, then such advanced emissions control technologies shall be used. Prior to issuance of each building permit. Regional Operational Impacts MM 8-3 The property owner/developer shall reduce operation-related emissions through implementation of practices identified in SCAQMD’s CEQA Handbook and the URBEMIS2002 model. SCAQMD’s CEQA Handbook includes several measures that can be used to minimize emissions associated with residential projects. In addition, the URBEMIS2002 model identifies several measures, some of which overlap those in the CEQA Handbook. The following measures, based on these sources, shall be implemented by the property owner/developer and contractors, where feasible to reduce criteria pollutant emissions from stationary sources directly related to the project. Said measures shall be included on plans submitted for residential building permits: • install solar or low-emission water heaters; • use central water-heating systems; • use built-in, energy-efficient appliances; and • ensure that sidewalks and pedestrian paths are installed throughout the project area. Planning Department ---PAGE BREAK--- Mitigation Monitoring Program No. 137 30 Timing Measure Responsible for Monitoring Completion Prior to issuance of each building permit. MM 8-4 All buildings shall comply with Title 24, Part 6. Reducing the need to heat or cool structures by improving thermal integrity will result in a reduced expenditure of energy and a reduction in pollutant emissions. Any necessary written evidence and/or standard details demonstrating compliance with Title 24, Part 6, shall be included on plans submitted for building permits. Planning Department Prior to initiation of grading activities in Development Area 3. MM 8-5 Prior to commencement of grading activities in Development Area 3, the property owner/developer shall install a six-foot chain link fence with scrim along the northwestern property boundary. The fence shall be installed between Weir Canyon Road and Oak Canyon Drive. Proof of installation (letter from the property owner/developer and photographs of the fence) shall be submitted to and verified by the Public Works Department. Department of Public Works SECTION 4.9 − NOISE Existing Regulations & Standard Conditions Prior to approval of grading plans and/or prior to issuance of building permits. SC 9-1 Prior to approval of grading plans and/or prior to issuance of building permits, plans shall include a note indicating that noise-generating project construction activities in the City of Anaheim shall not occur between the hours of 7:00 p.m. and 7:00 a.m. This requirement applies to construction activities within 3,000 feet of residential uses, consistent with the City of Anaheim Noise Ordinance. Department of Public Works Prior to approval of grading plans and/or prior to issuance of building permits. SC 9-2 Prior to approval of grading plans and/or prior to issuance of building permits, plans shall include a note indicating that noise-generating project construction activities north of SR-91 in the City of Yorba Linda shall not occur between the hours of 8:00 p.m. and 7:00 a.m. Monday through Saturday and at any time on Sunday or federal holidays, consistent with the City of Yorba Linda Noise Ordinance. Department of Public Works Project Design Features Prior to the approval of grading plans for development areas that require sound attenuation measures. PDF 9-1 The Mountain Park Specific Plan includes a conceptual grading plan. The conceptual grading plan includes berms in the following locations as shown on Exhibit 4.9-7 of the Draft EIR (included in Attachment A) that would reduce exterior noise levels in areas behind the berms to less than 65 CNEL. Prior to the approval of grading plans for development areas that require sound attenuation measures, the property owner/developer shall submit grading plans to the Department of Public Works that demonstrate conformance with the conceptual grading plan included in the Specific Plan, including the following: • Ten to 40 foot high berms (above pad elevation) along SR-241 in Development Area 4. • Intermittent berms with heights 10 to 20 feet above pad elevations are also included along SR-91 in Development Area 5. Final berm design shall be shown on precise grade permits for specific builder projects. Department of Public Works ---PAGE BREAK--- Mitigation Monitoring Program No. 137 31 Timing Measure Responsible for Monitoring Completion Mitigation Measures Prior to the approval of grading plans for Development Areas 3, 4, 5, and 7. MM 9-1 Prior to the approval of grading plans for Development Areas 3, 4, 5, and 7, a detailed acoustical analysis shall be prepared by a qualified acoustical consultant and submitted to the Planning Department for review and approval. This acoustical analysis shall describe and quantify the noise sources impacting the area and the measures required to meet the 65 CNEL exterior residential noise standard. The final precise grading plans shall incorporate the noise barriers (wall, berm or combination wall/berm) required by the analysis and the property owner/developer shall install these barriers. Based on the preliminary analysis, noise barriers of the heights shown in Exhibit 4.9-7 of the Draft EIR (included in Attachment A) would reduce exterior noise levels at on-site residences to acceptable levels. Planning Department Prior to issuance of building permits for all buildings in the areas indicated in Exhibit 4.9-8 of the Draft EIR (included in Attachment MM 9-2 Prior to issuance of building permits for all buildings in the areas indicated in Exhibit 4.9-8 of the Draft EIR (included in Attachment documentation shall be provided to the Planning Department, Building Division showing that the building meets the ventilation standards required by the Anaheim Building Code with windows closed. Alternatively, the property owner/developer shall show that based on the buildings location relative to the roadway it meets the appropriate interior noise standard with open windows. Planning Department, Building Division Prior to issuance of building permits. MM 9-3 Prior to issuance of building permits, a detailed acoustical study using architectural plans shall be prepared by a qualified acoustical consultant and submitted to the Planning Department, Building Division for residential structures (including the residential portion of the fire station) in the areas indicated in Exhibit 4.9-9 of the Draft EIR (included in Attachment This report shall describe and quantify the noise sources impacting the building(s), the amount of outdoor-to-indoor noise reduction provided in the architectural plans, and any upgrades required to meet the City’s interior noise standards (45 CNEL for residences). The measures described in the report shall be incorporated into the architectural plans for the buildings and implemented with building construction. Planning Department, Building Division Prior to the issuance of building permits for the water pump station. MM 9-4 Prior to the issuance of building permits for the water pump station, a detailed noise assessment shall be prepared by a qualified acoustical consultant and submitted to the Planning Department for review and approval. The assessment shall utilize noise data provided by the manufacturer(s) of the equipment utilized at the station or noise measurements from substantially similar facilities to project noise levels at the residences in the vicinity of the water pump station. Compliance with the City’s Noise Ordinance shall be demonstrated and any measures required to meet the Noise Ordinance shall be described and incorporated into the plans for the water pump station. Planning Department ---PAGE BREAK--- Mitigation Monitoring Program No. 137 32 Timing Measure Responsible for Monitoring Completion SECTION 4.10 − HAZARDS AND HAZARDOUS MATERIALS Project Design Features Prior to the approval of the first tentative tract or parcel map. PDF 10-1 Prior to the approval of the first tentative tract or parcel map, the property owner/developer shall enter into an agreement (Fire Protection Agreement) with the City of Anaheim. This agreement shall specify the property owner/ developer’s pro-rata fair share funding of capital improvements necessary to establish adequate fire protection facilities and equipment to service the proposed development. The property owner/developer shall be responsible for paying fees or otherwise providing for the design, construction and furnishing of the fire station, including all fire apparatus necessary to fully equip the fire station per the City’s specifications, to adequately serve the project. The property owner/ developer shall also be responsible for dedicating a parcel for development of the fire station in the location specified in Exhibit 3-4 of the Draft EIR (Development Plan) included in Attachment A. Planning Department The fire station facility shall be constructed and operational prior to the issuance of the first building permit for any development area east of the SR-241, or as otherwise required by the Fire Department in the Fire Protection Agreement. Prior to submittal of the first tentative tract or parcel map or approval of the first grading plan, whichever occurs first. PDF 10-2 Prior to submittal of the first tentative tract or parcel map or approval of the first grading plan, whichever occurs first, the property owner/developer shall submit a final Fire Master Plan (FMP) to the Fire Department for review and approval to ensure that fire protection for each Development Area is in accordance with Fire Department requirements. The final FMP shall be in substantial conformance with the preliminary FMP (Appendix R of the EIR). A copy of the approved Fire Master Plan shall be submitted to the following City Departments: Planning, Police and Public Works. Planning Department Prior to submittal of each tentative tract or parcel map or grading plan, whichever occurs first. PDF 10-3 The Mountain Park Specific Plan includes conceptual fuel modification strategies. Prior to submittal of each tentative tract or parcel map or grading plan, whichever occurs first, fuel modification plans shall be submitted to the Fire Department for review and approval. The fuel modification plan shall be prepared in accordance with the provisions of the California Fire Code in effect at the time of submittal of the tentative tract or parcel map and be based upon the criteria set forth in the City of Anaheim Fire Department Fuel Modification Plan Guidelines. Prior to final Certificate of Occupancy for the first building in each Development Area fuel modification zones shall be installed and inspected in substantial conformance with the approved plans to the satisfaction of the Fire Department. Fire Department Mitigation Measures During grading activities MM 10-1 The Robertson’s Ready Mix Quarry area will not be developed until after reclamation and remediation are complete. Based on the Environmental Site Assessments performed for the project site (included in Appendix it is not anticipated that any underground storage tanks, septic systems, leach fields, or significant soil contamination will be encountered during construction, as Fire Department ---PAGE BREAK--- Mitigation Monitoring Program No. 137 33 Timing Measure Responsible for Monitoring Completion construction shall occur after remediation and reclamation are complete. During grading activities, in the event these subsurface features or contaminated soil are encountered, work shall immediately cease in the area and the property owner/developer shall notify the Fire Department and Public Utilities, Environmental Services Division, and retain a qualified hazardous materials engineer to assess the impacts and prepare a response plan using the risk-based cleanup standards of the City of Anaheim and the Orange County Health Care Agency, and any appropriate guidelines issued by the California Environmental Protection Agency, Department of Toxic Substance Control, and the United States Environmental Protection Agency, applicable to residential land use. Upon approval of the response plan by the Fire Department, as applicable, the engineer shall obtain any required permits, oversee the removal of such features and/or conduct the response work to the satisfaction of the Fire Department or other agency, as applicable, until closure status is attained. Prior to approval of grading plans within an area in which the Southern Trails Pipeline is located or is proposed to be relocated within the grading plan boundaries. MM 10-2 Prior to approval of grading plans within an area in which the Southern Trails Pipeline is located or is proposed to be relocated within the grading plan boundaries, the property owner/developer shall obtain the approval of the Questar Pipeline Company. Written evidence of this approval shall be submitted to the Department of Public Works. Department of Public Works Prior to approval of any grading plans within a development area wherein the Southern Trails Pipeline exists or is proposed to be relocated. MM 10-3 Prior to approval of any grading plans within a development area wherein the Southern Trails Pipeline exists or is proposed to be relocated, the property owner/developer shall submit a safety plan to the Fire Department. If there are any environmental concerns relating to developing adjacent to the pipeline or relocating it identified during subsequent reviews, the property owner/developer shall be responsible for financing/implementing any necessary mitigation measures. The safety plan shall be consistent with safety regulations adopted by the Fire Department and shall also be consistent with the requirements of MM 10-4. The safety plan shall be reviewed by the Questar Pipeline Company and approved by the Fire Department. Relocation of the pipeline shall occur at no cost to the City. Fire Department Prior to issuance of building permits. MM 10-4 Prior to issuance of building permits, the property owner/developer shall provide written evidence to the Public Utilities Department that the relocated Southern Trails Pipeline has been inspected and approved by the California Public Utilities Commission (CPUC). Public Utilities Department SECTION 4.11 − PUBLIC SERVICES & UTILITIES Fire Protection Existing Regulations & Standard Conditions Prior to approval of each tentative tract or parcel map. SC 12-1 Prior to approval of each tentative tract or parcel map, the property owner/ developer shall demonstrate that the map has been prepared in compliance with applicable provisions of the Anaheim Municipal Code and the Mountain Park Specific Plan relevant to fire prevention and suppression, subject to the review and approval of the Fire Department. Fire Department ---PAGE BREAK--- Mitigation Monitoring Program No. 137 34 Timing Measure Responsible for Monitoring Completion Police Protection Existing Regulations & Standard Conditions Prior to issuance of the first building permit for each building with attached units, or prior to issuance of a building permit for each detached building. SC 12-2 Prior to issuance of the first building permit for each building with attached units, or prior to issuance of a building permit for each detached building, the property owner/developer shall pay the Police Facilities Capital Improvement Fee in effect at the time of issuance of the building permit; or, if the fee has not been adopted at the time of issuance of the first building permit, the payment of an amount estimated by the City of Anaheim Police Department to be the approximate fair share attributable to the project for police services. Planning Department Schools Project Design Features Prior to the approval of the first tentative tract or parcel map in Development Area 3. PDF 12-1 Prior to the approval of the first tentative tract or parcel map in Development Area 3, the map shall provide for a minimum 10-acre site reserved for the purchase and construction of an elementary school by the Orange Unified School District. The property owner/developer shall provide the Planning Department with adequate proof that, in defining the boundaries of the school site area, the property owner/developer has complied with the provisions of the School Impact Mitigation Agreement (Appendix K of the Draft EIR) dated December 16, 2004 between Irvine Community Development Company and the Orange Unified School District, or any subsequent agreement entered into between the property owner/developer and the Orange Unified School District. Planning Department Existing Regulations & Standard Conditions Prior to the issuance of the first building permit. SC 12-3 The property owner/developer has entered into a School Impact Mitigation Agreement (Appendix K of the Draft EIR) with the Orange Unified School District in order to mitigate impacts to the school district associated with the Mountain Park development. This Mitigation Agreement fully mitigates any impacts to the school district in compliance with SB 50. Evidence that this agreement has been executed shall be submitted to the Planning Department prior to the issuance of the first building permit, or fees shall be paid in compliance with SB 50, prior to the issuance of each building permit. Planning Department Water Service Project Design Features Prior to approval of each tentative tract or parcel map. PDF 12-2 The Mountain Park Specific Plan includes a Water System Sub Area Master Plan (SAMP) (refer to Exhibit 3-11 of the Draft EIR included in Attachment Prior to approval of each tentative tract or parcel map, the property owner/developer shall submit water improvement plans prepared in conformance with the SAMP to the Public Utilities Department for review and approval. The property owner/developer shall extend and construct the necessary water lines, pump stations, and reservoirs to serve development phases prior to connecting to the City’s water system. Public Utilities Department ---PAGE BREAK--- Mitigation Monitoring Program No. 137 35 Timing Measure Responsible for Monitoring Completion Prior to approval of landscape plans. PDF 12-3 Irrigation systems within the Mountain Park Specific Plan area shall be controlled by automatic programmable irrigation controllers that utilize California Irrigation Management System (CIMS) Data to adjust water times and durations based on daily evapotranspiration) data. Prior to approval of landscape plans, the property owner/developer shall provide verification in the form of notes on the plans to the Public Utilities Department, Water Engineering Division, that the irrigation system is in conformance with the system identified in the SAMP. Public Utilities Department shall confirm that it is in conformance with the irrigation system identified in the SAMP. Community wide irrigation control shall be provided by a centralized irrigation control system designed to separately valve hydrozones based on plant water requirements, exposure and terrain characteristics. All systems shall utilize matched precipitation rate nozzles and emitters for precise water application, adjustable low angle nozzles to reduce overspray, check valves to reduce low head drainage, and master valves to minimize water loss in the event of a line break or valve malfunction. Public Utilities Department, Water Engineering Division Existing Regulations & Standard Conditions Prior to approval of tentative tract or parcel maps. SC 12-4 In accordance with the requirements of SB 221, prior to approval of tentative tract or parcel maps, the property owner/developer shall request that the Public Utilities Department provide water verification studies confirming that sufficient water supply is available for the proposed uses, in compliance with the approved Water Supply Assessment prepared for the project. Public Utilities Department Prior to final building and zoning inspections. SC 12-5 Prior to final building and zoning inspections, the property owner/developer shall demonstrate to the Public Utilities Department that water consumption reduction measures have been implemented as required by State law in accordance with the Water Utilities Rates, Rules and Regulations. Where appropriate, plans submitted for building permits shall include notes on plans that indicate the measures that will be utilized to reduce water consumption. Such measures where feasible and appropriate shall include, but are not limited to: a. Low-flush toilets and urinals (Health and Safety Code Section 17921.3); b. Maximum flow rate of all new showerheads, lavatory faucets, and sink faucets (Title 20, California Code of Regulations Section 1604[f]); c. Appliances certified by manufacturer to comply with regulations established by applicable efficiency standards (Title 20, California Code of Regulations Section 1606[b]); d. Public lavatories equipped with self-closing faucets that limit the flow of hot water (Government Code Section 7800); e. Hot water pipes insulated to reduce water used before hot water reaches equipment or fixtures (Title 24, California Code of Regulations Section 2- 5352[i] and f. Conservation reminders posted in rooms and restrooms; g. Thermostatically controlled mixing valve for bath/shower; and h. Implementation of efficient irrigation systems to minimize runoff and evaporation. Public Utilities Department ---PAGE BREAK--- Mitigation Monitoring Program No. 137 36 Timing Measure Responsible for Monitoring Completion Mitigation Measures Prior to the issuance of the first building permit. MM 12-1 Prior to the issuance of the first building permit, the property owner/developer shall pay the Public Utilities Department a proportionate share of a water supply source to meet the projected increases in water demands in accordance with Rule 15.C, Section 3, of the Public Utilities Rates, Rules, and Regulations. Although the Water Supply Assessment (Appendix M of the Draft EIR No. 331) concludes that there is adequate capacity to serve the proposed project, an additional water supply source will ensure that there is no loss of redundancy and/or reliability to the city water supply system. Public Utilities Department Prior to approval of street improvement plans. MM 12-2 Prior to approval of street improvement plans, the property owner/developer shall submit Traffic Management Plans to the City of Anaheim Department of Public Works and Yorba Linda Public Works Department for proposed street improvements within the respective jurisdictions for review and approval. The Traffic Management Plans shall describe traffic control measures that shall be implemented to maintain traffic flow in all directions where utility improvements are being implemented in existing roadways. Said traffic management measures shall be implemented on-going during road construction, and may include flagmen, appropriate signage and traffic control barriers consistent with City of Anaheim requirements. Department of Public Works Prior to approval of the first utility or infrastructure plan serving each development area with impacts to public streets. MM 12-3 Prior to approval of the first utility or infrastructure plan serving each development area with impacts to public streets, the property owner/ developer shall submit a utility layout and trenching plan to the Department of Public Works for all existing public streets. Trench replacement shall, at a minimum, conform to Public Works Standard Detail No. 132. Joint trenches shall be used whenever practicable. The asphalt pavement restoration widths shall be approved by the Department of Public Works based on anticipated impact of construction and layout of trenches within the public right-of-way. Department of Public Works Sanitary Sewer Project Design Features Prior to approval of the sewer improvement plans. PDF 12-4 The Public Facilities Plan provided in the Mountain Park Specific Plan includes a Project Sewer Study that identifies the sanitary sewer facilities to be constructed with the project. The project sanitary sewer system is shown on Exhibit 3-12 of the Draft EIR included in Attachment A. The property owner/developer shall conduct sewer monitoring at two similar developments within the City to collect 14 days of data during dry weather conditions to verify the sewage generation rates. The property owner/developer shall then prepare a report based on the City approved sewer modeling software to verify that the sewer sizes conform to those proposed in the project sewer study. Prior to approval of the sewer improvement plans, the property owner/developer shall submit plans to the Department of Public Works, demonstrating that the sanitary sewer system is in conformance with the alternatives described in the Project Sewer Study included in the Mountain Park Specific Plan. The property owner/developer shall extend and construct the necessary facilities, including sanitary sewer lines to serve the project development phases. Department of Public Works ---PAGE BREAK--- Mitigation Monitoring Program No. 137 37 Timing Measure Responsible for Monitoring Completion Existing Regulations & Standard Conditions Prior to issuance of each building permit. SC 12-6 Prior to issuance of each building permit, the property owner/developer shall pay fees for sewer service to the City of Anaheim and Orange County Sanitation District. Planning Department Prior to approval of final tract or parcel maps. SC 12-7 Prior to approval of final tract or parcel maps, the property owner/developer shall pay the appropriate sewer connection fee to the City of Anaheim, as established by City Council Resolution. Planning Department Mitigation Measures Prior to approval of the first final tract or parcel map in Development Areas 1, 2, 4 or 5. MM 12-4 Prior to approval of the first final tract or parcel map in Development Areas 1, 2, 4, or 5, the property owner/developer shall obtain approvals, permits, and/or easement rights of way from private property owners and affected jurisdictions (City of Yorba Linda, Caltrans, Orange County Sanitation District) for off-site sanitary sewer line connections. Evidence that these approvals and permits have been obtained shall be submitted to the Department of Public Works. Department of Public Works Prior to approval of the first final tract or parcel map in Development Areas 3 and 7. MM 12-5 Prior to approval of the first final tract or parcel map in Development Areas 3 and 7, the property owner/developer shall submit sewer improvement plans for the West Basin sewer alignment from the alternatives presented in the Project Sewer Study. The Department of Public Works shall select the West Basin sewer alignment based upon the ability of the property owner/ developer to obtain off-site easements, and any design limitations related to the SR-241 over-crossing and/or other construction related issues. Department of Public Works Prior to the first final tract or parcel map in Development Areas 1, 2, 4, 5, and 6. MM 12-6 Prior to the first final tract or parcel map in Development Areas 1, 2, 4, 5, and 6, the property owner/developer shall submit sewer improvement plans for the East Basin sewer alignment from the alternative presented in the Project Sewer Study. The Department of Public Works shall select the East Basin sewer alignment based upon the status of the Santa Ana River Interceptor (SARI) relocation project. Department of Public Works Electricity Project Design Features Prior to approval of permits for improvement plans. PDF 12-5 The Public Facilities Plan provided in the Mountain Park Specific Plan identifies the electrical facilities to be constructed with the project. The project electric system is shown on Exhibit 3-13 of the Draft EIR included in Attachment A. Prior to approval of permits for improvement plans, the property owner/developer shall submit electric system plans to the Public Utilities Department, Electrical Engineering Division, demonstrating that the electric system is in conformance with the Public Facilities Plan included in the Mountain Park Specific Plan. The property owner/developer shall extend and construct the necessary facilities, including electric lines identified in Exhibit 3-13 of the Draft EIR (included in Attachment to serve development phases. Public Utilities Department, Electrical Engineering Division ---PAGE BREAK--- Mitigation Monitoring Program No. 137 38 Timing Measure Responsible for Monitoring Completion Existing Regulations & Standard Conditions Prior to approval of final tract or parcel maps. SC 12-8 Prior to approval of final tract or parcel maps, the property owner/developer shall install, bond for, or otherwise secure on-site electrical facilities in accordance with the City of Anaheim Public Utility Electric Rates, Rules and Regulations, and provide written evidence of this fact to the Public Utilities Department. Public Utilities Department Prior to issuance of building permits. SC 12-9 The proposed project shall comply with all State Energy Insulation Standards and City of Anaheim codes in effect at the time of application for building permits. (Commonly referred to as Title 24, these standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. Title 24 covers the use of energy efficient building standards, including ventilation, insulation and construction and the use of energy saving appliances, conditioning systems, water heating, and lighting.) Plans submitted for building permits shall include written notes demonstrating compliance with energy standards and shall be reviewed and approved by the Public Utilities Department prior to issuance of building permits. Public Utilities Department Prior to issuance of the first building permit for each tentative tract or parcel map. SC 12-10 Prior to issuance of the first building permit for each tentative tract or parcel map, the property owner/developer shall pay fees in accordance with Anaheim’s Electric Rates, Rules and Regulations for electrical residential and commercial services for specific uses within the development site. Planning Department Prior to issuance of each building permit. SC 12-11 Prior to issuance of each building permit, the property owner/developer shall incorporate the following energy saving practices into building plans. The property owner/developer shall implement, to the extent feasible, these energy saving practices, in compliance with Title 10 of the Anaheim Municipal Code, prior to each final building and zoning inspection: Public Utilities Department a. Consultation with the Public Utilities Department energy conservation experts for assistance with energy conservation design features. b. Use of electric motors designed to conserve energy. c. Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights. d. Use of T8 lamps and electronic ballasts. Metal halide or high-pressure sodium for outdoor lighting. Mitigation Measures Prior to approval of street improvement plans. MM 12-7 Prior to approval of street improvement plans, the property owner/developer shall submit Traffic Management Plans to the Department of Public Works describing traffic control measures that shall be implemented to maintain traffic flow in all directions where utility improvements are being implemented in existing roadways. The traffic control measures may include flagmen, appropriate signage and traffic control barriers consistent with City of Anaheim requirements, or other appropriate measures. The Traffic Management Plans shall be reviewed and approved by the Department of Public Works, Traffic Engineering Division. Department of Public Works, Traffic Engineering Division ---PAGE BREAK--- Mitigation Monitoring Program No. 137 39 Timing Measure Responsible for Monitoring Completion Prior to approval of grading plans, final tract or parcel maps, or street improvement plans, whichever occurs first, for Development Areas 3 and 7. MM 12-8 Prior to approval of grading plans, final tract or parcel maps, or street improvement plans, whichever occurs first, for Development Areas 3 and 7, the property owner/developer shall submit preliminary electric system plans to the Public Utilities Department for review and approval. The property owner/developer shall request that the Public Utilities Department provide engineering standards and plans for the installation of electrical and communication conduit and substructures systems. The property owner/ developer shall also submit an electrical and communications conduit phasing plan to the Public Utilities Department to assist in the planning of additional electrical distribution systems from the Park Substation to, and within, Development Areas 3 and 7. Public Utilities Department Prior to approval of grading plans, final tract or parcel maps, or street improvement plans, whichever occurs first, for development areas east of SR-241. MM 12-9 Prior to approval of grading plans, final tract or parcel maps, or street improvement plans, whichever occurs first, for development areas east of SR-241, the property owner/developer shall submit preliminary electric system plans to the Public Utilities Department for review and approval. The property owner/developer shall request that the Public Utilities Department provide engineering standards and plans for the installation of electrical and communication conduit and substructures systems from the Park Substation to, and within, development areas east of SR-241. Public Utilities Department Prior to issuance of the first building permit for each tentative tract or parcel map. MM 12-10 Prior to issuance of the first building permit for each tentative tract or parcel map, the property owner/developer shall pay fees and provide the necessary infrastructure for the installation of the on-site and off-site electrical and communication systems to serve said tract, designed and phased to provide electrical service for the development areas within the project site. This shall include line extensions from the Park Substation to the development site. The applicable improvements shall be installed prior to the first final building and zoning inspection for the tract or parcel map. Planning Department Natural Gas Project Design Features Prior to approval of grading plans, final tract or parcel maps, or street improvement plans, whichever occurs first. PDF 12-6 The Public Facilities Plan provided in the Mountain Park Specific Plan identifies the natural gas facilities to be constructed with the project. The project natural gas system is shown on Exhibit 3-13 of the Draft EIR (included in Attachment Prior to approval of grading plans, final tract or parcel maps, or street improvement plans, whichever occurs first, the property owner/developer shall submit plans to the Public Utilities Department demonstrating that the natural gas system is in conformance with the Public Facilities Plan included in the Mountain Park Specific Plan. The property owner/developer shall extend and construct the necessary facilities, including natural gas lines to serve development phases. Public Utilities Department Existing Regulations & Standard Conditions Prior to approval of final tract or parcel maps. SC 12-12 Prior to approval of final tract or parcel maps, the property owner/developer shall install, bond for, or otherwise secure on-site natural gas facilities in coordination with Southern California Gas Company (SCG). Written evidence of this shall be provided to the Public Utilities Department. Public Utilities Department ---PAGE BREAK--- Mitigation Monitoring Program No. 137 40 Timing Measure Responsible for Monitoring Completion Solid Waste Existing Regulations & Standard Conditions Prior to approval of any site plans, tentative tract or parcel maps. SC 12-13 Prior to approval of any site plans, tentative tract or parcel maps, the property owner/developer shall submit a Solid Waste Management Plan with recycling capabilities to the Department of Public Works, Streets and Sanitation Division for review and approval. Refuse collection and disposal for the proposed project shall comply with AB 939, the County of Orange Integrated Waste Management Plan, and the City of Anaheim Integrated Waste Management Plan. Department of Public Works, Streets and Sanitation Division Library Services Existing Regulations & Standard Conditions Prior to approval of any final tract or parcel map, or prior to issuance of a building permit where no subdivision is involved. SC 12-14 Pursuant to Resolution No. 89R-235 adopting the Public Library Facilities Plan for the East Santa Ana Canyon area, as may hereinafter be amended, the property owner/developer shall pay required fees for the construction of library facilities in the East Hills Planned Community. Fees shall be paid as a condition of approval of any final tract or parcel map, or prior to issuance of a building permit where no subdivision is involved. The Planning Department, Building Division shall verify payment of fees. Planning Department, Building Division SECTION 4.13 − RECREATION Project Design Features Prior to approval of each tentative tract or parcel map that the trail is located within. PDF 13-1 The Mountain Park Specific Plan includes the implementation of the public Gypsum Canyon Creek Regional Riding and Hiking Trail (refer to Exhibit 3-8 of the Draft EIR, Open Space, Trail and Bikeway Plan). Prior to approval of each tentative tract or parcel map that the trail is located within, the final alignment and final design for the Gypsum Canyon Creek Regional Riding and Hiking Trail shall be reviewed and approved by the Community Services Department and County of Orange Harbors, Beaches and Parks Department and shown on the tract or parcel map. An offer of dedication of trail easements to the County of Orange shall occur concurrently with recordation of final tract or parcel maps. Trail improvements shall be completed prior to final building and zoning inspections for the first building within said tracts. Community Services Department Prior to approval of each tentative tract or parcel map that includes these bikeways. PDF 13-2 The Mountain Park Specific Plan includes the implementation of Class II bikeways (on-street, striped) along the following roadways: proposed Mountain Park Drive; extension of Weir Canyon Road within the project site; Gypsum Canyon Road from off-site Featherly Regional Park to on-site Mountain Park Drive; and Santa Ana Canyon Road within the project site (refer to Exhibit 3-8 of the Draft EIR, Open Space, Trail and Bikeway Plan). Prior to approval of each tentative tract or parcel map that includes these bikeways; the property owner/developer shall include provisions for these bikeways on the tract or parcel map. The final alignment and final design of each bikeway shall be shown on the street improvement plans and shall be reviewed and approved by the Department of Public Works. Department of Public Works ---PAGE BREAK--- Mitigation Monitoring Program No. 137 41 Timing Measure Responsible for Monitoring Completion Existing Regulations & Standard Conditions Prior to, or concurrent with, approval of final tract or parcel maps in Development Area 3. SC 13-1 The Mountain Park Specific Plan includes an approximate 15-acre improved park in Development Area 3 (refer to Exhibit 3-4 of the Draft EIR) to fulfill the City’s park dedication requirement. Prior to, or concurrent with, approval of final tract or parcel maps in Development Area 3, the property owner/ developer shall demonstrate compliance with this park dedication requirement to the Planning Department. Planning Department SECTION 4.14 − CULTURAL RESOURCES Mitigation Measures Prior to the approval of a grading plan or issuance of a building permit, whichever occurs first. MM 14-1 Prior to the approval of a grading plan or issuance of a building permit, whichever occurs first, the property owner/developer shall retain a County- certified archaeologist (project archaeologist) and submit written confirmation of this to the Department of Public Works. The project archaeologist shall observe grading activities and recover, catalogue, analyze, and report archaeological resources as necessary in the previously undeveloped portions of the development area. The project archaeologist shall be present at the pre-grade conference. The project archaeologist shall submit to the Planning Department, and Department of Public Works, Development Service Division, a written plan with procedures for archaeological resource monitoring. For work within Caltrans right-of-way the plan shall be submitted for review by Caltrans Cultural Resources staff. This plan shall include procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the resources as appropriate, and a requirement that a Native American monitor retained by the property owner/developer be present during any required excavation. If the archaeological resources are found to be significant, the project archaeologist shall determine appropriate actions—in cooperation with the City of Anaheim or Caltrans, if within Caltrans right-of-way—for exploration and/or data recovery to adequately recover the scientifically significant information from or about the archeological resource. The project archaeologists shall prepare any excavated material to the point of identification. Following the completion of grading, the archaeologists shall prepare a report detailing the results of the monitoring program to be presented to the City of Anaheim Planning Department. The report shall follow guidelines of the California Office of Historic Preservation (1990). Excavated finds shall be accessioned into a qualified scientific institution that meets, or exceeds, the requirements of 36CFR79. Department of Public Works, and Caltrans (for grading within Caltrans right- of-way) During the conduct of ground-disturbing activities. MM 14-2 If human remains are encountered during the conduct of ground-disturbing activities, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition of the materials pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner would notify the Native American Heritage Commission (NAHC). The NAHC would determine and notify a Most Likely Descendent (MLD). The MLD may inspect the site of the discovery with the permission of the property owner/ Planning Department ---PAGE BREAK--- Mitigation Monitoring Program No. 137 42 Timing Measure Responsible for Monitoring Completion developer or his/her authorized representative. The descendent must complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Prior to issuance of the first grading permit. MM 14-3 Prior to issuance of the first grading permit, the property owner/developer shall submit a monitoring plan, prepared by an Orange County certified paleontologist to the Department of Public Works, Development Services Division that ensures that the following actions are implemented: a. The area west of Gypsum Canyon is comprised almost entirely of the Topanga Formation (high paleontological sensitivity) and contains all of the heretofore recognized surface occurrences of fossils on the project site. The north-central portion of the project site is comprised chiefly of the interbedded undifferentiated Vaqueros and Sespe Formations (moderate to high paleontological sensitivity) and smaller elements of the Sespe, Santiago, and Topanga Formations (all high paleontological sensitivity). Paleontological monitoring in the western and north-central areas of the project site shall be conducted on a full-time basis and shall be identified as such in the monitoring plan. It shall be the responsibility of the project paleontologist to show, to the satisfaction of the City, the recommended limits of full-time monitoring on the tentative tract or parcel map level grading plans, when available. Because of the potential for identifying microfossils or small fragments of macrofossils, periodic screening of sediments from cuts in these formations shall be carried out by the project paleontologist. Such material may be removed in bulk and screened off-site to minimize interference with grading operations. b. The Holz Shale, Schulz Ranch Member of the Williams Formation, the Silverado Formation, Santiago Formation, and the Sespe Formation, exposed primary east of Gypsum Canyon, shall be monitored as determined necessary by the project paleontologist during grading operations. Recommended hours for monitoring activities shall be established by the project paleontologist and shall be outlined in the monitoring plan. It shall be the responsibility of the project paleontologist to demonstrate, to the satisfaction of the City, the appropriate level of monitoring necessary based on the tentative tract or parcel map level grading plans, when available. Because of the potential for identifying microfossils or small fragments of macrofossils, periodic screening of sands from cuts in these units shall be done by the project paleontologist monitor. Such material may be removed in bulk and screened off-site to minimize interference with grading operations. c. Any paleontological work at the site shall be conducted under the direction of a County of Orange Certified paleontologist (project paleontologist). Department of Public Works, Development Services Division ---PAGE BREAK--- Mitigation Monitoring Program No. 137 43 Timing Measure Responsible for Monitoring Completion d. If a fossil discovery occurs during grading operations when the project paleontologist is not present, grading shall be diverted around the area until the monitor can survey the area, and/or Caltrans Cultural Resources staff can inspect the site, if the resources are found within Caltrans right-of-way. e. Any fossils recovered during the development, along with their contextual stratigraphic data, shall be donated to the County of Orange, or other appropriate institution with an educational and research interest in the materials. A final report detailing findings and disposition of specimens shall be prepared by the project paleontologist and submitted to the City of Anaheim Planning Department upon completion of grading. R:\Projects\TIC\J020\Final EIR\Final MMP- 090805.DOC ---PAGE BREAK--- ATTACHMENT A EIR NO. 331 EXHIBITS APPLICABLE TO MITIGATIONMONIITORING PLAN ---PAGE BREAK--- ATTACHMENT B SCAQMD RULE 403 TABLES