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HomeMy WebLinkAbout2010-120 - MND for Jamboree Road ImprovementsRESOLUTION NO. 2010 -120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO FAIRCHILD ROAD) (ND2010- 003) WHEREAS, an Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3; and WHEREAS, the draft Mitigated Negative Declaration was circulated for a 30 -day comment period beginning on August 5, 2010 and ending on September 3, 2010. The contents of the environmental document and comments on the document were considered by the City Council in its review of the proposed project; and WHEREAS, on the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level; and RESOLVED, that the City Council of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project, with mitigation measures, will have a significant effect on the environment, and that the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis. The City Council hereby adopts the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program attached as Exhibit A. The document and all material, which constitutes the record upon which this decision was based, are on file with the Public Works Department, 3300 Newport Boulevard, Newport Beach, California. PASSED, APPROVED AND ADOPTED this 26th day of October, 2010. I_1 Leilani I. Brown City Clerk %P Keith D. Curry Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2010 -120 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of October, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of October, 2010. City Clerk Newport Beach, California (Seal) Mitigation Monitoring and Reporting Program ❖ MITIGATION MONITORING AND REPORTING PROGRAM Section 21081.6 of the Public Resources Code requires all state and local agencies to establish monitoring or reporting programs whenever approval of a project relies upon a mitigated negative declaration (MND) or an environmental impact report (EIR). The monitoring or reporting program must ensure implementation of the measures being imposed to mitigate or avoid the significant adverse environmental impacts identified in the MND or EIR. The mitigation measures will be implemented by the City of Newport Beach, Public Works Department, the project applicant, to mitigate or avoid potentially significant impacts to nesting/migratory birds, Least Bell's Vireo, Roosting Bats, and other sensitive wildlife; sensitive habitat and wetlands; archaeological /paleontological resources and human remains; soil erosion or loss of topsoil; and emergency access and response, including service ratios and response times for both fire protection and police protection, due to the Widening of Jamboree Road Between North Bristol Street and Centerpointe (Project). The following mitigation will require implementation prior to or during any Project construction activities. The following table lists the potential issues and impacts, the level of significance after mitigation, the mitigation measures, the responsible parties and monitoring parties, and the phase in which the measures are to be implemented. As discussed in the Joint Cities Initial Study and Draft Mitigated Declaration, the areas requiring mitigation are: • Biological Resources • Cultural Resource • Geology and Soils • Hazards and Hazardous Materials • Public Services • Transportation/Traffic These mitigation measures have also been included in the Mitigation Monitoring and Reporting Program to ensure that they will be implemented as part of the Widening of Jamboree Road Proj ect. Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -1 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM Issues /Impacts Level of Mitigation Measures Responsible Party / Implementation Significance Monitoring Party Stage After Mitigation Biological Resources The Project has the All potential MM BR 1: Pre - Construction Survey for Nesting City of Newport Pre - potential to have a biological resource Birds Beach / Construction substantial adverse effect, impacts will be less Project Biologist / either directly or through than significant Migratory Birds, CDFG Section 3503, Cooper's Biological Monitor habitat modifications, on with Hawk, Yellow- breasted Chat, and Least Bell's species identified as a implementation of Vireo candidate, sensitive, or MM BR 1 to MM special status species by BR 6. In the event that project construction or grading the City of Newport Beach activities (including vegetation removal) should Local Coastal Program occur within the active breeding season for birds Coastal Land Use Plan or (i.e., February 15 — September 15`h), a nesting bird by the California survey shall be conducted by the designated Department of Fish and Project Biologist prior to commencement of Game. Species include construction activities (no more than 72 hours Migratory Birds, prior to construction). If no active nests are found Cooper's Hawk, Yellow- within, or adjacent to the project work area during breasted Chat, and Least the pre- construction survey period, construction Bell's Vireo. activities may proceed as scheduled. if an active nest is found within or adjacent to the project work The Project has the area during construction, a "No Construction" potential to have a Buffer Zone would be established to minimize substantial adverse effect project impacts on the nesting activity. The onsite on California Coastal Project Biologist will determine and flag the Commission defined appropriate buffer size required, based on the wetland and/or the specific situation, tolerances of the species, and the Environmental Sensitive nest locations. Once the designated Project Habitat Area (ESHA), as Biologist verifies that the birds have fledged from defined by the City of the nest and no attempts at secondary nesting have Newport Beach Local occurred, the buffer may be removed. The Project Coastal Program Coastal Biologist shall prepare and submit to the City field Land Use Plan, which is enting results of the survey and Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -2 ❖ Mitigation Monitoring and Reporting Program Issues /Impacts Level of Significance After Mitigatio n Mitigation Measures Responsible Party / Monitoring Party Implementation Stage located immediately compliances with buffer and/or other measures. adjacent to the Project site. Prior to authorizing the commencement of construction, the City of Newport Beach Director The Project has the of Public Works or designee, shall verify that all potential to have a project grading and construction plans include substantial adverse effect specific documentation regarding the requirements on federally protected of the Migratory Bird Treaty Act (MBTA) and wetlands as defined by mitigation measures, and preconstruction surveys Section 404 of the Clean have been completed and that the appropriate Water Act. buffers established by the Project Biologist and/or other measures (if needed) are noted on the plans The Project has the and established in the field. potential to interfere with the movement of native Because some bird species nest early in Spring and resident and migratory others nest later in Summer, surveys for nesting bird species and sensitive birds should continue during construction to bats. address new arrivals, and because some species breed multiple times in a season. If listed The Project has the Endangered or Threatened species are found potential to conflict with within 500 feet of the Project Work Area, the the City of Newport Beach USFWS and CDFG, as appropriate, will be Local Coastal Program consulted at the time they are first observed. Coastal Land Use Plan, which identifies an ESHA located immediately MM BR 2: Pre - Construction and Construction adjacent to the southeast Clearance Surveys side of Jamboree Road south of MacArthur Unanticipated Sensitive Wildlife Species Boulevard. Pre - Construction: As vegetation removal and construction activities (e.g. surface grading/vibration/noise) will occur upslope of the ri ar an ve etation, a Project Biologist/Biological Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -3 ❖ Mitigation Monitoring and Reporting Program Issues /Impacts Level of Significance After Mitigatio n Mitigation Measures Responsible Party / Monitoring Party Implementation Stage Monitor shall conduct pre- construction surveys within and adjacent to the Projects limits of construction three days before the commencement of construction activities (including the installation of any fencing and vegetation removal) to address potential effects on sensitive species, if present, in advance of construction. This includes inspections for sensitive terrestrial species, sensitive roosting bats, and sensitive nesting birds. Sensitive species observed should be flushed (with the exception of actively nesting birds) from the construction area away from Jamboree Road and MacArthur Boulevard into the riparian habitat down slope and on the construction free side of the chain link fence (see MM BR 5). Any Federal or State Threatened or Endangered species if observed shall be reported City of Newport Pre- to the USFWS (Federal) and CDFG (State), as Beach / Construction / appropriate. Project Biologist / Construction Biological Monitor During Construction: The Project Biologist /Biological Monitor shall monitor and inspect the installation of exclusion fencing (see MM BR.S), vegetation removal (i.e., Quail Brush Scrub), and surface grading activities that occur within close proximity to the riparian habitat. Following initial vegetation removal of non- riparian vegetation and surface grading, weekly monitoring shall occur throughout construction to help the construction crew to avoid or reduce impacts on sensitive biological resources, if encountered and to maintain the fencing in good conditions. The fencing should be routinely inspected and terrestrial species (e.g., he etolo ical s ecies) shall be relocated back into Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -4 Mitigation Monitoring and Reporting Program Issues /Impacts Level of Significance After Mitigatio n Mitigation Measures I Responsible Party / Monitoring Party Implementation Stage the ESHA habitat when discovered. MM BR 3: Avoidance and Minimization Measures for Least Bell's Vireo Least Bell's Vireo If possible, construction activities with the potential to directly (e.g. vegetation removal) or indirectly (e.g. noise /ground disturbance) affect nesting birds shall be scheduled between September 1 st and February 14th. If construction is scheduled to occur from February 15th through August 3 l st (spring /summer), focused surveys for Least Bell's Vireo (LBV) should be completed to determine the presence /absence of LBV wherever suitable habitat is present within 500 feet of the limits of construction. Surveys will be conducted by a LBV permitted biologist according to the following USFWS guidelines: • For LBV, all riparian areas and other potential habitats will be surveyed at least 8 times during the period of April 10 to July 31. Each survey will be conducted at least 10 days apart. City of Newport Pre- • However, the USFWS may agree to a Beach / Construction / reduced effort if the permitted Project Project Biologist / Construction Biologist and USFWS conclude that 8 Biological Monitor surveys are unnecessary. This will be determined following initial site visits. Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -5 ❖ Mitigation Monitoring and Reporting Program Issues /Impacts Level of Significance After Mitigatio n Mitigation Measures Responsible Party / Monitoring Party Implementation Stage • A Presence /Absence LBV Report shall be prepared detailing the results of the field surveys, and include potential mitigation measures, if any, for the Project site. MM BR 4: Pre - construction Surveys for Roosting Bats Although no evidence (sign) indicating the potential presence of sensitive bat species was observed, recent occurrences of sensitive bats have been reported in the region and suitable habitat is present within and adjacent to the Project site. Therefore, pre - construction surveys conducted by a qualified biologist are recommended to determine if sensitive bat species are present, particularly prior to tree removal and ground disturbance activities. If evidence of a bat hibernaculum (i.e., overwintering roost) or nursery sites are established by bats in the Project's limits of construction, the biological monitor will recommend exclusionary devices or removal efforts, if possible, as necessary based on specific species and situational criteria. For example, if sensitive bats are observed roosting within the drainage culvert beneath Jamboree Road, exclusionary devices may be installed at the tunnel opening to avoid indirect effects that may occur as City of Newport Pre - a result of ground disturbance occurring just Beach / Construction upslope of the tunnel. Exclusionary devices shall Project Biologist / not be installed at the entrance to nursery sites as Biological Monitor Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -6 ❖ Mitigation Monitoring and Reporting Program Issues /Impacts Level of Significance After Mitigatio n Mitigation Measures Responsible Party / Monitoring Party Implementation Stage juveniles may not fly out. Nursery sites could be qualified biologist expected during spring. Disturbances to sensitive bat nursery sites or winter roost shall be avoided. Due to local and California Health Department restrictions, no direct contact by workers with any bat species is allowed. The Project Biologist/Biological Monitor shall be contacted immediately should any bats be identified within the Project's limits of construction, who will oversee exclusion or removal efforts, as necessary. If construction is to occur in phases or over an extended period of time, multiple pre - construction surveys may be required to address seasonal bat migrants and the potential influx of new arrivals. MM BR 5: Construction Avoidance and Exclusion Measures USACE, CCC, and CDFG Jurisdiction and Sensitive Wildlife Jurisdictional (USACE, CCC, and CDFG) Avoidance Measures: The installation of a chain - linked fence prior to construction and located up slope of the limit of CDFG jurisdiction and CCC - defined wetland and ESHA is recommended as an avoidance measure. This chain - linked fence would function to prevent construction personnel and equipment from inadvertently affecting USACE and CDFG jurisdiction and a CCC - defined wetland and ESHA. In addition, this fence would also revent cobbles, dirt, and other debris from rolling Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -7 ❖ Mitigation Monitoring and Reporting Program Issues /Impacts Level of Significance After Mitigatio n Mitigation Measures Responsible Party / Monitoring Party Implementation Stage down the slope from the construction site and into USACE and CDFG jurisdiction and the CCC- defined wetland and ESHA. This fence would not have to be any higher than 6 feet above ground level. However, the fence would need to be installed approximately 2 feet deep so that it can maintain its integrity if large amounts of cobbles and dirt were piled up against it. In addition, this City of Newport Pre - chain -link fence should also act as an exclusion Beach / Construction fence to reduce the likelihood of sensitive wildlife Construction (e.g., Two- striped Garter Snake) from entering the Contractor construction area. This would be accomplished by placing a fine vinyl mesh or silt fencing at the bottom of the chain -link fence. One end of the exclusion fence would be buried into the ground and the other end would be at least foot in height. It is important to note that if these USACE, CCC, and CDFG resources cannot be avoided by the Project, then a formal jurisdictional delineation and report will be required. A jurisdictional delineation and report would determine if each aquatic feature is subject to USACE jurisdiction pursuant to Sections 404 and 401 of the Clean Water Act; subject to CDFG jurisdiction pursuant to Section 1600 et seq. of the California Fish and Game Code. For those drainages that are jurisdictional, the jurisdictional delineation and report would characterize and quantify the amount and type of jurisdiction within the BSA and determine how much jurisdiction, and of what types, would be affected by the proposed Project. Subsequently, Section 404 and 401 permits pursuant to the Clean Water Act would need to be acquired from the Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -8 ❖ Mitigation Monitoring and Reporting Program Issues /Impacts Level of Significance After Miti anon Mitigation Measures Responsible Party / Monitoring Party Implementation Stage USACE and CDFG, respectively. In addition, a Streambed Alteration Agreement from the CDFG, pursuant to Section 1600 et seq. of the California Fish and Game Code would also be required. A mitigation plan for these impacts would also likely be required by the resource agencies. MM BR 6: Post - Construction Avoidance and Exclusion Measures USACE, CCC, and CDFG Jurisdiction and Wildlife Native shrubs and trees planted along the margins of the riparian habitat and the Projects limits of construction will act as buffers to further reduce visual impacts. Project landscaping plans should, at a minimum, require drought resistant and non- invasive plant species. No plant listed by the California Invasive Plant Council (Cal -IPC, 2006) shall be planted, particularly along the margins of the riparian habitat. Example of non - native invasive species that should not be included in Project Landscaping plans include Pampas Grass (Cortaderia spp), Fountain Grass (Pennisetum spp.), and Mexican Fan Palm (Washingtonian robusta). Recommended native tree and shrub species to be installed, particularly along the margins of the Riparian habitat, include Fremont's Cottonwoods (Populous Fremontii), Western S camores (Platanus racemosa), White Alder Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -9 ❖ Mitigation Monitoring and Reporting Program Issues /Impacts Level of Mitigation Measures Responsible Party / Implementation Significance Monitoring Party Stage After Mit ation (Alnus rhombifolia) Lemonade Berry (Rhus City of Newport Post - integrifolia), Laurel Sumac (Malosma laurina), and Beach / Project Construction Coyote Brush (Baccharis pilularis). When planted Landscaper along the margins of the Project limits of construction and the riparian habitat, these native shrubs and trees will acts as buffers to further reduce noise and visual impacts. Additionally, as these species are native, they will likely require limited supplemental watering after establishment. Cultural Resources There is the potential that Less than MM CR 1: Prior to issuance of a grading permit a City of Newport Prior to grading undiscovered significant with qualified archaeologist (with training in the Beach / qualified archaeological or implementation of recognition of paleontological resources, or a archaeologist / paleontological resources MM CR I separate paleontologist) shall be retained to paleontologist may be unearthed during observe grading activities and conduct salvage excavation and grading at excavation of archeological resources as necessary. the project site. The archaeologist shall be present at the pre - grading conference, shall establish procedures for archaeological resources surveillance, and shall establish, in cooperation with both cities, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the artifacts as appropriate. If archaeological and/or paleontological features are discovered, the archaeologist shall report such findings to the Planning Department of the Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -10 ❖ Mitigation Monitoring and Reporting Program Issues /Impacts Level of Mitigation Measures Responsible Party / Implementation Significance Monitoring Party Stage After Mitigatio n appropriate city, or both cities if deemed necessary. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the City(s), for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director(s). Although no human Less than MM CR 2: In accordance with the Public City of Newport Grading / remains are known to exist significant with Resources Code §5097.94, if human remains are Beach / Construction on the Project site, there is implementation of found, the Orange County Coroner must be Construction still the potential of MM CR 2 notified within 24 hours of the discovery. If the Contractor discovery of human Coroner determines that the remains are not recent, remains. the Coroner will notify the Native American Heritage Commission in Sacramento to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the City of Newport Beach the disposition of the human remains. Geology and Soils The Project has the Less than MM G &S 1: Following grading activities, City of Newport Following potential to result in significant with disturbed areas adjacent to the project components Beach / grading substantial soil erosion or implementation of shall be replaced and reseeded (where appropriate) Construction activities loss of topsoil during MM G &S 1 and to reduce potential for erosion. Contractor excavation and grading of MM G &S 2 the Project site. MM G &S 2: An Erosion Control Plan (ECP) City of Newport Prior to the start shall be prepared to the satisfaction of the City of Beach / City of Construction Newport Beach and City of Irvine prior to start of Irvine construction. The ECP shall outline methods that Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -11 ❖ Mitigation Monitoring and Reporting Program Issues /Impacts Level of Mitigation Measures Responsible Party / Implementation Significance Monitoring Party Stage After Mitigatio n _ shall be implemented to control erosion from graded or cleared portions of the site, including but not limited to: 1. Placing sandbags where appropriate along the perimeter of a project site prior to initial grading if grading is to be undertaken during the rainy season (October 15 to March 15). 2. Minimizing the length of time that soil lie exposed. 3. Revegetating (landscaping, hydro - seeding or any other method of providing vegetative cover) graded areas and/or use of chemical soil binders, in a manner approved by the City Inspector prior to work beginning. if determined to be required for erosion control in areas not planted for development until subsequent phases. Landscaping and hydro- seeding shall be under the direction of a licensed landscape architect and approved by the City. Hazards and Hazardous Materials The Project has the Less than MM HHM 1: Short-term impediments to City of Newport Pre - potential to impair significant with roadway use shall be mitigated by a Traffic Control Beach Traffic Construction / implementation of or implementation of Plan (TCP) to be established by the project Engineer / Construction physically interfere with MM HUM 1 contractor prior to construction of any Construction an adopted emergency improvements. This Plan shall consist of prior Contractor response plan or notices, adequate sign- posting, detours, phased emergency evacuation construction and temporary driveways where Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -12 ❖ Mitigation Monitoring and Reporting Program Issues /Impacts Level of Mitigation Measures Responsible Party / Implementation Significance Monitoring Party Stage After Mitigatio n plan necessary. The Plan shall specify implementation timing of each plan element (prior notices, sign - posting, detours, etc.) as determined appropriate by the City Traffic Engineer. Proper detours and warning signs shall be established to ensure public safety. The TCP shall be devised so that construction will not interfere with emergency response or evacuation plans and condition the project contractor to maintain, at minimum, two - lanes of travel in each direction though the project area during the duration of construction. The TCP shall be prepared consistent with each jurisdictions' approved traffic control guidelines. Construction activities shall proceed in a timely manner to reduce impacts. Public Services The Project has the Less than See MM HHM 1 City of Newport Pre - potential to affect service significant with Beach Traffic Construction / ratios, response times or implementation of Engineer / Construction other performance MM HHM 1 Construction objectives for both Fire Contractor Protection and Police Protection. Transportation /Traffic The Project has the Less than See MM HHM 1 City of Newport Pre - potential to result in significant with Beach Traffic Construction / inadequate emergency implementation of Engineer / Construction access. MM HHM 1 Construction Contractor Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -13