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HomeMy WebLinkAbout20 - Dover Drive Sidewalk - North of Cliff DriveCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 20 June 27, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy 949 - 644 -3330 or sluy @city.newport- beach.ca.us SUBJECT: DOVER DRIVE, NORTH OF CLIFF DRIVE SIDEWALK— MITIGATED NEGATIVE DECLARATION OF CONTRACT NO. 3652 RECOMMENDATION: Adopt a Resolution approving the Mitigated Negative Declaration (MND) for Dover Drive Sidewalk Project. DISCUSSION: The City is proposing the construction of sidewalk along the easterly side of Dover Drive from Cliff Drive to 970 feet North of Cliff Drive. The project involves construction of the following: A variable width sidewalk (4.5 feet to 7.5 feet wide) and new curb and gutter within the existing Dover Drive from Cliff Drive to 425 feet North of Cliff Drive. An eight -foot wide boardwalk with post and cable rail will be constructed behind the existing curb from 425 feet North of Cliff Drive to 920 feet North of Cliff drive. A six to eight -foot wide boardwalk will be constructed behind the existing curb to join existing sidewalk from 920 feet North of Cliff Drive to 970 feet North of Cliff Drive (see attached project location map). The City's Consultant, Van Dell Consulting, has contacted the California Department of Fish and Game, United States Army Corp of Engineers and Regional Water Quality Control. All three agencies have indicated that permits are not required for this project. A Coastal Development Permit (CDP) application is being processed with the California Coastal Commission. Van Dell Consulting subconsultant, Chambers Group Inc., prepared the MND and notified residents within a 300 -foot radius that it was available for review from May 4 to June 4, 2006 (see attached). The MND states that the City will mitigate the pruning of large limbs from two existing red willow trees and will plant four new one - gallon size red willow trees adjacent to the site for each of the two trees disturbed by the construction, Dover Drive North of Cliff Drive Sidewalk — Mitigated Negative Declaration for Contract No. 3652 June 27, 2006 Page 2 for a total of eight new trees. The City will establish a Mitigation Monitoring Program that will consist of hand watering and monitoring the eight newly planted red willow trees for a period of one year. In addition all red willow trees trimmed as a result of the construction of the project will also be monitored for a period of one year. The Army Corps of Engineers, California Department of Fish and Game and Regional Water Quality Control Board have imposed no mitigation requirements on this project. Mitigation measures imposed by the CDP will incorporate into the construction documents. The Notice of Intent for the MND was filed with the County Clerk of Orange County. The City received one e-mail correspondence noting that Page 4, Item 10 of the MND incorrectly states that other agency approvals are not required. Staff responded by email to this individual stating that agency reviews are indeed required for this project and that the aforementioned agencies have been contacted. On May 2, 2006 staff sent the MND to the State Clearinghouse for review of the project by affected agencies. On June 8, 2006 the City received a letter from the State Clearinghouse indicating that the review period had closed June 1, 2006 and no state agency had submitted comments regarding the project. Receipt of this letter indicates that the City has complied with the State Clearinghouse requirements for draft environmental documents pursuant to the California Environmental Quality Act. Prepared by: Submitted by' Stephe u to n . Badum Associate Civil Engineer Pic Works Director Attachments: Mitigated Negative Declaration Notice of Intent E -mail Comment of Concern Response to Comment of Concern State Clearinghouse Letter Resolution Approving MND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION To: From: E:A Office of Planning and Research City of Newport Beach 1400 Tenth Street, Room 121 3300 Newport Blvd. Sacramento, CA 95814 Newport Beach, CA 92658 -8915 FCounty Clerk, County of Orange (Orange County) Public Services Division P.O. Box 238 Date received for filing at OPR/County Clerk Santa Ana, CA 92702 POSTED Public review period: May 4, 2006 through June 4, 2006 Name of Project: Dover Drive Street Improvement Project, C -3652 MAY 0 � 2006 Project Location: East Side of Dover Drive from Cliff Drive to 161h Streget. TO /Y, RK•RECORDERDEPU Project Description: Removal of a portion of existing roadway improvements, construction of new curb, gutter and sidewalk; modification of stormwater inlets; construction of boardwalk with steel post and cable fence. Public Meetings: No public meetings have been scheduled. Hazardous Waste List: The site is not on a list of hazardous waste sites as defined in Government Code section 65962.5 (f). Document Availability: Copies of the initial study and supporting materials are available for public review at the following locations: Newport Beach City Hall Public Works Department 3300 Newport Boulevard Newport Beach, CA A copy of the Initial Study containing the analysis supporting the adoption of a Mitigated Negative Declaration is attached. Additional plans, studies and /or exhibits relating to the proposed project may be available for public review. If you wish to appeal the appropriateness or adequacy of this document of a Mitigated Negative Declaration, your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. Written comments should be submitted to: City of Newport Beach Public Works Department Attn: Bob Stein, P.E. 3300 Newport Blvd. Newport Beach, CA 92,05, Bob Stein, P.E. Principal Engineer Questions on the Initials Study should be directed to: Stephen Luy, Project Engineer 949 - 644 -3330 3 Page 1 of 2 From: Stein, Robert Sent: Monday, June 05, 2006 8:51 AM To: 'JonV3 @aol.com' Cc: Patapoff, Bill Subject: RE: Public Comments: Dover Drive Sidewalk Project, C -3652 Jan you are correct. this project does require agency approval. we are working with CDFG and will be getting a C DP. Bob Stein 949 -644 -3322 From: JonV3 @aol.com [mailto:JonV3 @aol.com] Sent: Sunday, June 04, 2006 11:49 PM To: Stein, Robert Cc: Ridgeway, Tod; Webb, Don; don2webb @earthlink.net; Nichols, Edward; Curry, Keith; ablemker @coastal.ca.gov Subject: Public Comments: Dover Drive Sidewalk Project, C -3652 June 4, 2006 Dear Mr. Stein and Newport Beach City Councilmembers, Dick; City Council; Rosansky, Steven; Daigle, Leslie; Selich, Thank you for the opportunity to comment on the Draft Ini:ial Study /Mitigated Negative Declaration for the Dover Drive Sidewalk Project dated May 2006, with the public comment period extending from May 4, 2006 to June 4, 2006, which happens to end on a Sunday. I am generally in favor of this project which will build a sidewalk and boardwalk on the east side of Dover Drive bordering Castaways Park. However, the Initial Study /Mitigated Negative Dec for the project indicates that it will have temporary and permanent impacts to Department of Fish and Game and California Coastal Commission jurisdictional wetlands (see pages 28 to 34, Biological Resources). The report identifies total impacts of .060 acres, or 2,575 square feet. Therefore a Coastal Development Permit should be required, as well as a DFG Streambed Alteration Agreement. 06/07/2006 Page 2 of 2 I believe the report erroneously states on page 4, paragraph 10, that no other public agencies approvals are required. The Coastal Commission and DFG should issue permits for this project. While these are seemingly small impacts, it is the size of some vernal pools, and there is nothing in the state regulations that absolves the need to comply with regulations of the Coastal Commission or Department of Fish and Game for small impacts to wetlands. In the case of the Coastal Commission, a project impacting coastal wetlands has to meet the test of one of eight water - dependent uses, and mitigation for impacts has to be identified and implemented, with monitoring and requirements for success. In the case of this project, I don't believe a sidewalk is one of the eight permitted uses. Moreover, no mitigation is proposed for the 2,575 square feet of wetlands impacted by the project. However, one of the Coastal Act permitted uses could apply in this case if restoration of the adjacent wetland (called a "unnamed drainage" in the report) is the purpose of the project. This wetland is currently almost entirely choked with cattails. If a restoration project were designed to restore this wetland with open areas of water and a varied assemblage of bulrushes, sedges, and cattails, then the fill associated with the sidewalk and boardwalk might be viewed as a public access amenity to this restored wetland, and the 2,575 square feet could be added as part of the restoration on the eastern and southern border of the wetland. In any case, the Coastal Commission and Department of Fish and Game should be brought into the picture to issue permits. Thanks again for the opportunity to comment. Please notify me of any public hearings or other discretionary actions. I would be happy to work with the City in developing a restoration plan and gaining further approvals for this worthy project. Sincerely, ]an rD. `vandersloot, %0 Jan D. Vandersloot, MD 2221 E 16th Street Newport Beach, CA 92663 (949) 548 -6326 06/07/2006 5 June 2, 2006 STATE OF CALIFORNIA Governor's Office of Planning and Research State Clearinghouse and Planning Unit Robert Stein City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Dover Drive Sidewalk Project SCH #: 2006051016 Dear Robert Stein: gg of PIAYe. o t5 �^ Sean Walsh Director 1lZ —ECE 4 Y1-1' JUN n S 2000 City, of Newpo, I Bcar�I The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. The review period closed on June 1, 2006, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445 -0613 if you have any questions regarding the environmental review process. If you have a question about the above -named project, please refer to the ten -digit State Clearinghouse number when contacting this office. Sincerely, ���iK/✓�J �^ tiW Terry Roberts Director, State Clearinghouse 1400 TENTH STREET P.O. BOX 8044 SACRAMENTO, CALIFORNIA 96812.8044 TEL(916)445-0613 FAX(916)323-3018 w .cpr.oa.gov Z, Document Details Report State Clearinghouse Data Base SCH# 2006051016 Project Title Dover Drive Sidewalk Project' Lead Agency Newport Beach, City of Type MN Mitigated Negative Dedaration Description D The sidewalk construction concept would enhance pedestrian access and safety while also minimizing potential impacts to adjacent steep slopes (in Reach 1) and potential wetland vegetation (in Reaches 2 and 3). None of the project reach designs require retaining wall construction. Lead Agency Contact Name Robert Stein Agency City of Newport Beach Phone (949) 644 -3311 Fax emall Address 3300 Newport Boulevard City Newport Beach State CA Zip 92663 Project Location County Orange City Newport Beach Region Cross Streets Dover Drive and Coast Highway Parcel No. Township 6S Range 10W Section 54 Base SS Proximity to: Highways 1 Airports Railways Waterways Upper Newport Bay Schools Ensign Intermediate, Newport Harbor High Land Use The project is located east of residential development along Dover Drive, immediately west and downslope of Castaways Park, and southwest of Newport Harbor Lutheran Church and School. An unnamed drainage located parallel to Dover Drive appears to contain perennial flowing waters. This drainage flows from north to south for 500 linear feet and contains riparian and wetland species. GP: REOS - Recreational & Environmental Open Space Z: PC43 - Upper Castaways Planned Community. The proposed project generally would be constructed in road right -of -way. According to the City's Municipal Code, rights -of -way are unzoned and the proposed project is an allowable use within various zoning classifications. Project issues Wetland /Riparian Reviewing Resources Agency; Regional Water Quality Control Board, Region 8; Department of Parks and Agencies Recreation; Native American Heritage Commission; Department of Fish and Game, Region 5; Department of Water Resources; California Coastal Commission; California Highway Patrol; Caltrans, District 12; State Lands Commission Date Received 0510312006 Start of Review 0510312006 End of Review 0610112006 Note: Blanks in data fields result from insufficient information provided by lead agency: 2 RESOLUTION NO. 2006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING THE MITIGATED NEGATIVE DECLARATION FOR THE DOVER DRIVE - NORTH OF CLIFF DRIVE- SIDEWALK. WHEREAS, the Public Works Department of the City of Newport Beach has prepared a design for construction of a sidewalk along the easterly side of Dover Drive from Cliff Drive to 970 feet North of Cliff Drive; and WHEREAS, the Public Works Department of the City of Newport Beach has prepared a Mitigated Negative Declaration for the Dover Drive Sidewalk and submitted it for public review; and WHEREAS, the California Department of Fish and Game, United States Army Corps of Engineers and Regional Water Quality Control Board have reviewed the project and require no mitigation; and WHEREAS, the City Council desires to adopt said Mitigated Negative Declaration, and Mitigation Monitoring Program for the construction of the Dover Drive Sidewalk; NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach hereby adopts said Mitigated Negative Declaration and Mitigation Monitoring Plan (attached as Exhibit A) for Dover Drive Sidewalk within the City of Newport Beach. ADOPTED this 27th day of June 2006. Mayor ATTEST: City Clerk f1users \pbvAshared \resolutions \greenbook- 2003.doc F:\ Users \PBW \Shared \Resolutions \Dover Drive Sidewalk - 2006.doc i DOVER DRIVE MITIGATION MONITORING PLAN EXHIBIT A The City is proposing the construction of a variable width sidewalk along the easterly side of Dover Drive from Cliff Drive to 970 feet North of Cliff Drive. The proposed Dover Drive Sidewalk Project has been initiated by the City due to the lack of pedestrian facilities along the project segment of Dover Drive. The sidewalk would provide continuity among the existing facilities north and south of the project reaches, along the west side of Dover Drive at the Cliff Drive intersection, and within the adjacent Castaways Park to the west. The MND states that the City will mitigate the pruning of large limbs from two existing red willow trees and will plant four new one - gallon size red willow trees adjacent to the site for each of the two trees disturbed by the construction, for a total of eight new trees. The City's Mitigation Monitoring Program will consist of: • The eight one gallon red willow trees will be planted after construction of the sidewalk but prior to the completion /finalization of the project. • City forces shall hand water and monitor the eight newly planted red willow trees for a period of one year. • All red willow trees trimmed as a result of the construction of the project will be monitored by City forces for a period of one year. Q DRAFT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION State Clearinghouse Number: DOVER DRIVE SIDEWALK PROJECT City of Newport Beach Prepared for: City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, California 92663 Prepared by: CHAMBERS GROUP, INC. 17671 Cowan Avenue, Suite 100 Irvine, CA 92614 May 2006 Es TABLE OF CONTENTS ProposedFinding ........................................ ............................... Project Proponent ....................................... ............................... ProjectLocation ......................................... ............................... ProjectPurpose ........................................... ............................... Project Description ..................................... ............................... Initial Study / Environmental Checklist Form ........................... Environmental Factors Potentially Affected ............................. Checklist of Environmental Impacts Evaluation of Environmental Impact Sources.............. ............................... List of Figures Page ...... ..............................5 ...... ..............................6 ..... .............................13 Page FigureI — Project Location ................................................................................. ..............................7 Figure2 — USGS Basemap .................................................................................. ..............................8 Figure 3 — Proposed Sidewalk Project Limits ..................................................... ..............................9 Figure 4 — Proposed Dover Drive Sidewalk Project, Reach I Design Concept . .............................10 Figure 5 — Proposed Dover Drive Sidewalk Project, Reach 2 Design Concept ..............................I I Figure 6 — Proposed Dover Drive Sidewalk Project, Reach 3 Design Concept . .............................12 List of Tables Page Table 1 — Estimated Construction Emissions Without Mitigation Table 2 — Jurisdictional Impact Summary ...... ............................... 8387 Initial Study7Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project J\ DRAFT MITIGATED NEGATIVE DECLARATION Dover Drive Sidewalk Project City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, California 92663 PROPOSED FINDING Based upon the information contained in the Initial Study, the City of Newport Beach (City) finds that there could be one or more potentially significant effects to the environment resulting from construction of the proposed Dover Drive Sidewalk Project. As the CEQA lead agency, the City has agreed to implement the mitigation measures presented herein. The mitigation measures and assurance of their implementation will be formalized in a mitigation monitoring program (MMP) that will be enforced by the City during construction of the proposed project. The facts supporting this finding are presented in the attached Initial Study and in the MMP adopted by the Newport Beach City Council. PROJECT PROPONENT City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, Califomia 92663 PROJECT LOCATION As shown in Figures 1 through 6 of the attached Initial Study, the City is proposing to construct the Dover Drive sidewalk project along the east side of Dover Drive from Cliff Drive to 970 feet north of Cliff Drive (south of 16th Street), adjacent to Castaways Park, in the City of Newport Beach, Orange County, California. The starting point of the sidewalk project is approximately 950 feet north of the intersection of Dover Drive and Pacific Coast Highway. PROJECT PURPOSE The proposed Dover Drive Sidewalk Project has been initiated by the City due to the lack of pedestrian facilities along the project segment of Dover Drive. The project is intended to provide a safe pedestrian circulation link along the east side of Dover Drive, while also responding to the design requirements resulting from the site location adjacent to riparian and wetland resources. The sidewalk project would provide continuity among the existing facilities north and south of the project reaches, along the west side of Dover Drive, at the Cliff Drive intersection, and within the adjacent Castaways Park to the west. As discussed in later sections, the sidewalk construction concept resulted from the study of various engineering alternatives, each of which was imended to enhance pedestrian access and safety while also minimizing potential impacts to adjacent steep slopes (in Reach 1) and potential wetland vegetation (in Reaches 2 and 3). PROJECT DESCRIPTION Proposed Facilities and Construction Methods Van Dell and Associates, Inc. (Van Dell) was retained by the City of Newport Beach to provide engineering services for the construction of a sidewalk along the east side of Dover Drive from Cliff Drive to 970 feet north of Cliff Drive. Van Dell initiated the Dover Drive Sidewalk Project Alternatives 8387 Initial Study /Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project ,2 Study in September 2004 and completed it in August 2005. The work included geotechnical analysis; resource agency habitat and resource agency jurisdictional delineation mapping; and alternative location and design analyses for the sidewalk project. If approved, the project would culminate in Resource Agency permitting and preparation of plans and technical specifications for the selected design. The Alternatives Study evaluates sidewalk alternatives over three separate reaches within the project limits. Reach 1 evaluates the adjacent embankment conditions above the existing roadway from Cliff Drive to 425 feet north of Cliff Drive. Reach 2 evaluates the adjacent embankment condition below the existing roadway from 425 feet north Cliff Drive to 920 feet north of Cliff Drive. Reach 3 evaluates the adjacent embankment condition below the existing roadway, with mature willow trees . within five feet of the curb, from 920 feet north of Cliff Drive to 970 feet north of Cliff Drive. The Alternatives Study presents the analysis, comparison, and estimated cost of 14 various sidewalk location and design alternatives along the three reaches of the Dover Drive Sidewalk Project. The study considered varying sidewalk widths in each reach, ranging from 4 to 8 feet wide in Reach 1 to 5 to 8 feet wide in Reaches 2 and 3. Due to varying slope conditions in each project reach, the sidewalk concepts were evaluated along with a combination of retaining wall with slope restoration, retaining wall with shoring, and no retaining wall. Based on factors such as pedestrian needs (including ADA requirements), impacts to adjacent wetlands and riparian habitat, geotechnical and slope stability constraints, roadway configuration and project costs, the City selected the following sidewalk design concepts for the three separate reaches: Reach 1 —Variable width sidewalk (4.5 feet to 7.5 feet wide) within existing roadway ClijfDrive to 425 feet north of Cliff Drive (adjacent embankment above existing road) Reach 1 would require construction of new curb and gutter from 4.5 feet to 7.5 feet into the existing Dover Drive. The work will include removal of approximately 50 lineal feet of existing curb and gutter; removal and replacement of asphalt concrete pavement necessary to construct 425 lineal feet of new curb and gutter; construction of 4.5 -foot to 7.5- foot -wide concrete sidewalk; and modifications of the existing curb stormwater inlets. The project would not affect the adjacent embankment and no retaining wall would be necessary. The existing signal standards and traffic and bicycle lane striping on Dover Drive would remain unchanged. Figure 4 illustrates the proposed improvements in Reach 1. Reach 2 — Eight -foot wide boardwalk behind the existing curb 425 feet north of Cliff Drive to 920 feet north of Cliff Drive (adjacent embankment below existing road) Reach 2 would require construction of 495 lineal feet of boardwalk consisting of 18 -inch diameter concrete posts at 8 feet on center with 9 -foot header beams supported on the posts and a concrete footing at the back of the curb. The concrete posts will be at least 10 feet deep. The 8- foot -wide boardwalk would be constructed of wooden deck planking and would include a post and cable rail at the back of the boardwalk. The project would not affect the adjacent embankment and no retaining wall would be necessary. The existing curb and gutter and the traffic and bicycle lane striping on Dover Drive would remain unchanged. Figure 5 illustrates the proposed improvements in Reach 2. Reach 3 — Six to eight -foot wide boardwalk behind the existing curb 920 feet north of Cliff Drive to 970 feet north of Cliff Drive (adjacent embankment below existing road) Reach 3 would require construction of 50 lineal feet of boardwalk consisting of 18 -inch diameter concrete posts at 8 feet on center with 9 -foot header beams supported on the posts and a concrete footing at the back of the curb. The concrete posts will be at least 10 feet deep. The 6 to 8- foot -wide boardwalk would be constructed of wooden deck planking and would include a post and cable rail at the back of the boardwalk. The project would not affect the adjacent embankment and no retaining wall would be 8387 2 Initial Study7Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project 0 necessary. The existing curb and gutter and the traffic and bicycle lane striping on Dover Drive would remain unchanged. Figure 6 illustrates the proposed improvements in Reach 3. In Reach 1, an 8 to 10 -foot wide strip of existing paved roadway (approximately 150 cubic yards of asphalt within the emergency parking lane) will be excavated and removed to construct the new sidewalk and curb and gutter. In Reaches 2 and 3, minor excavation (two feet deep by one foot wide, approximately 72 cubic yards) will be required along the back of curb in those reaches in order to construct the base for the boardwalk. Minor excavation of about one to two feet deep (approximately 150 cubic yards total) is also required to provide clearance for the wooden boardwalk support beams along the top of slope in the five to six -foot wide area behind the curb. As indicated previously, the selected project reach designs do not require any retaining walls. Construction Phasing and Scheduling The proposed project would be constructed in a single phase requiring approximately 90 working days. If all project approvals can be obtained as planned, the project would go to bid in early 2006 and construction would begin after the rainy season (i.e., after April I 51 2006). All construction work will be accomplished within the time limits permitted by City's noise ordinance, which allows construction on weekdays between 7:00 a.m. and 6:30 p.m. Work will be conducted on Saturdays between 8:00 a.m. and 6:00 p.m. only if approved by the Public Works Director for special needs during the construction period. No work. will be permitted on holidays or Sundays. The construction contractor will prepare a Traffic Control Plan for approval by the City Traffic Engineer. The City will allow northbound Dover Drive to be reduced to one lane between 8:30 a.m. and 3:30 p.m. during construction. Flagging and appropriate signage will direct vehicular and pedestrian traffic. FILING DATE: May 2006 PUBLIC REVIEW PERIOD: May_ to.June_, 2006 8387 May 2006 Initial Study /Mitigated Negative Declaration Dover Dnve Sidewalk Project A INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM 1. Project title: Dover Drive Sidewalk Project 2. Lead agency name and address: City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, California 92663 3. Contact person and phone number: Robert Stein, Principal Civil Engineer -- (949) 644 -3311 4. Project location: Along the east side of Dover Drive from Cliff Drive to 970 feet north of Cliff Drive (south of 16'" Street), adjacent to Castaways Park in the City of Newport Beach, Orange County, California. Figures I and 2 illustrate the regional location and project vicinity. 5. Project sponsor's name and address: City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, California 92663 6. General plan designation: REOS — Recreational & Environmental Open Space 7. Zoning: PC43 — Upper Castaways Planned Community The proposed project generally would be constructed in road right -of -way. According to the City's Municipal Code, rights -of -way are unzoned and the proposed project is an allowable use within various zoning classifications. 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary) Please see the detailed Project Description on pages I through 3. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: The proposed Dover Drive Sidewalk Project is located east of residential development along Dover Drive, immediately west and downslope of Castaways Park, and southwest of Newport Harbor Lutheran Church and School. Figure 3 depicts existing conditions in the project limits and on surrounding properties. An unnamed drainage located parallel to Dover Drive appears to contain perennial flowing waters. This drainage flows from north to south for 500 linear feet and contains riparian and wetland species. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement) None 11. Previous Environmental and /or Engineering Studies: As indicated previously, Van Dell and Associates, Inc. (Van Dell) was retained by the City of Newport Beach to provide engineering services for the construction of the proposed sidewalk 8387 May 2006 Initial StudyWitigated Negative Declaration Dover Drive Sidewalk Project 15 project. Van Dell initiated the Dover Drive Sidewalk Project Alternatives Study in September 2004 and completed it in August 2005. The work included geotechnical analysis; resource agency habitat and resource agency jurisdictional delineation mapping; and alternative location and design analyses for the sidewalk project.. That study is referenced as applicable throughout this Initial Study evaluation. The following analysis also references relevant portions of the Initial Study /Negative for the Castaways Park Revegetation project (L SA 2001), which evaluated much of the land comprising the proposed project limits. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ri Aesthetics E] Agriculture Resources E] Air Quality X Biological Resources ❑ Cultural Resources ❑ Geology /Soils Ei Hazards & Hazardous F] Hydrology/ Water Quality E] Land Use / Planning Materials ❑ Mineral Resources ❑ Noise ❑ Population / Housing Fi Public Services Ei Recreation E] Transportation/Traffic ❑ Utilities / Service Systems E] Mandatory Findings of Significance 8387 May 2006 5 Initial Study /Mitigated Negative Declaration Dover Drive Sidewalk Project lia DETERMINATION: On the basis of this initial evaluation: F1 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 1 find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 1 find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier E1R or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier E1R or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Printed Name and Title 8387 May 2006 Date Initial SludyJMitigated Negative Declaration Dover Drive Sidewalk Project 1'1 iq q P t ♦I 'ry � yI Q � n '�- ' °�•� t a y'°'r+ae, - v Guryw Npyplq rn Protect Location mod, Q Lo f�i..�`LQ •fig. �,� / -`ml ^l -�_ i Figure 1 s _ PROJECTLOCATION 3 Nerva+ea e M NAV Source: Google Maps, 2005 6387 7 Initial SludylUdgaled Negative Declaration May 2006 Dover Drive Sidewalk Project iq $unarm <� 4 :. Ligh F:. �Harboi Light w.... - Light Q Bay L ,y g at R ? 3L Source: USGS 7.5' Series, Newport Beach Quadrangle, Photorev. 1981 5 e S 464 � f �s.. Figure 2 USGS BASEMAP 8387 B Initial Study/Mitgated Negative Declaration May 2006 Dover Drive Sidewalk Project i9 i 2 S. HR__... Ai Location :. Ligh F:. �Harboi Light w.... - Light Q Bay L ,y g at R ? 3L Source: USGS 7.5' Series, Newport Beach Quadrangle, Photorev. 1981 5 e S 464 � f �s.. Figure 2 USGS BASEMAP 8387 B Initial Study/Mitgated Negative Declaration May 2006 Dover Drive Sidewalk Project i9 1 .•t � a x JJJ x r r � Reach 3 0 'y If 1p + f r kr ✓ �. sr '.'I;. .r 33 .i .. a N Figure 3 Cliff,Dr' i i + p t I I ' -N- + 0 M{ ! r i ^t lvi� II t i, 'y f� 1 I, •�1 1iN LU !nz I 1 1 � \ aQCL d om W w �a 7 '3 U z x o� _D0 LL d U >a W 3 Z `mN m 1 J J w3 0 Li J( U) /JW UJ ' � v y N N OJ Q c V d j U 5 W a \ N Z W ? Q1 J( 1 J J w3 J( /JW a (L3 a vi ' � v N N zW, 17� U a O CL Z Z 'l i o W aN w a� x0 W � 0 N W U O N It w 0 0 D w V3 0 a O It a 0 O N n � WSc y d U Yn 0 z / n / w / j 11 e/ y i r rm J i - / r f Wat / !i .l it OO OQ a °m t � w tG r. SJ /i y U LU W U z O om .e m LU U !! w U _rn O Z QQ Y x d g O 3 U L a m° ice] LL v ;a I I Z y U a om .e m w w U _rn O Z � a y LL S O 3 a m° ice] LL v ;a I I Z m � I C9 y > U x W w 1 0 I z ' 0 Q_ 0 (q � d LU ( U S U) O r y t� z y U a om .e m w w U _rn O Z � a y LL S O 3 LL v ;a J Z m C9 y > w 0 0 0 0 (q N W S o � � U y �W o� w W 0 0 w w to O IL w LL N N O u N b O m � f � / rI Q 1 N3 -a a° AD a U dl U O Z II U 1 Z � W a� U) i Jl �1 o> am° f V U 1 W� a ' W v ..... U) O 0 Z to W W OI O z LLav J Z Q u) 3 LU W W 00 (n M Q W o� W O W N O a O w a 0 0 N 0 0 U 0 N , d � 3 >a `my m m 00 m � rn' zp g ei y li 0 0 N h T �J CHECKLIST OF ENVIRONMENTAL IMPACTS: b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual X character or quality of the site and its surroundings? d) Create a new source of substantial light or X glare which would adversely affect day or El nighttime views in the area? II. AGRICULTURE RESOURCES -- In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or X Farmland of Statewide Importance (Farmland), as El 11 shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural X use, or a Williamson Act contract? El c) Involve other changes in the existing 0 ❑ X environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may Se relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the X applicable air quality plan? 8387 13 Initial Study /Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic X vista? b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual X character or quality of the site and its surroundings? d) Create a new source of substantial light or X glare which would adversely affect day or El nighttime views in the area? II. AGRICULTURE RESOURCES -- In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or X Farmland of Statewide Importance (Farmland), as El 11 shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural X use, or a Williamson Act contract? El c) Involve other changes in the existing 0 ❑ X environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may Se relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the X applicable air quality plan? 8387 13 Initial Study /Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project Less Than Potentially Significant with Less Than Significant Mitigation Significant Impact Incorporated Impact b) Violate any air quality standard or contribute El to an existing or projected air quality violation? c) Result in a cumulatively considerable net El of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ❑ pollutant concentrations? e) Create objectionable odors affecting a ❑ substantial number of people? IV. BIOLOGICAL RESOURCES — Would the project: a) Have a substantial adverse effect, either ❑ directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any ❑ riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally El wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of ❑ any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 8387 May 2006 No Impact ❑ X ❑ ❑ X ❑ ❑ X ❑ ❑ X ❑ M L ❑1 X X X X J I- 14 Initial Study7Mitigated Negative Declaration Dover Drive Sidewalk Protect 2- I e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES -- Would the project a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS -- Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? 8387 May 2006 Less Than Potentially Significant with Less Than Significant Mitigation Signifcanl Impact Incorporated Impact ❑ ❑ X ❑ ❑ ❑ ❑ ❑ ❑ D ❑ a a 01 11 EN I• 15 0 No Impact L ❑ X ❑ X ❑ X [] X ❑ X ❑ ❑ X ❑ a X ❑ 0 X ❑ Initial Study/Mitigated Negative Declaration Dover Drive Sidewalk Project c) Be located on a geologic unit or soil that is ❑ ❑ unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in ❑ ❑ Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting ❑ ❑ the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project a) Create a significant hazard to the public or the ❑ ❑ environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ❑ ❑ environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact X ❑ Less Than X Potentially Significant with Less Than Significant Mitigation Significant Impact Incorporated Impact iv) Landslides? ❑ ❑ X b) Result in substantial soil erosion or the loss of ❑ 11 X topsoil? c) Be located on a geologic unit or soil that is ❑ ❑ unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in ❑ ❑ Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting ❑ ❑ the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project a) Create a significant hazard to the public or the ❑ ❑ environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ❑ ❑ environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact X ❑ ❑ X X ❑ X ❑ c) Emit hazardous emissions or handle hazardous ❑ ❑ X ❑ or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list ❑ ❑ ❑ X of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use ❑ ❑ ❑ X plan or, where such a plan has not been adopted, 8387 16 Initial Study /Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Less Than Potentially Significant with Significant Mitigation Impact Incorporated ❑ ❑ ❑ ❑ ❑ ❑ VIII. HYDROLOGY AND WATER QUALITY" -- Would the project: a) Violate any water quality standards or waste 11 discharge requirements? b) Substantially deplete groundwater supplies or El substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing )and uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern El the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern. ❑ of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? 8387 May 2006 Less Than Significant No Impact Impact ❑ X X ❑ ❑ X ❑ X ❑ ❑ ❑ X M R X ❑ 17 Initial Study /Mitigated Negative Declaration Dover Drive Sidewalk Project e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? El El I) Inundation by setche, tsunami, or mudflow? ❑ IX. LAND USE AND PLANNING -- Would the project: a) Physically divide an established community? ❑ No Impact ❑ Less Than ❑ Potentially Significant with Less Than Significant Mitigation Significant Impact Incorporated Impact ❑ ❑ X El El I) Inundation by setche, tsunami, or mudflow? ❑ IX. LAND USE AND PLANNING -- Would the project: a) Physically divide an established community? ❑ No Impact ❑ X ❑ ❑ ❑ X El El ❑ X ❑ X ❑ X ❑ X b) Conflict with any applicable land use plan, ❑ ❑ El X policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat El ❑ El X conservation plan or natural community conservation plan? 8387 May 2006 18 Initial Study /Mitigated Negative Declaration Dover Drive Sidewalk Project 2`' Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact X. MINERAL RESOURCES -- Would the project a) Result in the loss of availability of a known El 11 El X mineral resource that would be of value to the existing without the project? region and the residents of the state? d) A substantial temporary or periodic increase in El EJ b) Result in the loss of availability of a locally- El F1 X important mineral resource recovery site e) For a project located within an airport land use delineated on a local general plan, specific plan E! El X plan or, where such a plan has not been adopted, or other land use plan? within two miles of a public airport or public use XI. NOISE -- Would the project result in: airport, would the project expose people residing a) Exposure of persons to or generation of noise X El levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of El F1 X El excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient El El El X noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in El EJ X ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use El E! El X plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private X airstrip, would the project expose people residing; or working in the project area to excessive noise levels? 8387 May 2006 19 Initial Sludy/Mitigated Negative Declaration Dover Drive Sidewalk Project ZI Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XII. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an X area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing X housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, X necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES -- a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? Q X Schools? X Parks? ❑ ❑ X Other public facilities? ❑ ❑ X 8387 20 Initial Study /Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project ZI Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XIV. RECREATION - a) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities X or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial X in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a X ❑ level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, X including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design X feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? E X ❑ f) Result in inadequate parking capacity? El X g) Conflict with adopted policies, plans, or ❑ ❑ El X programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 8387 21 May 2006 Initial Study /Mitigated Negative Declaration Dover Drive Sidewalk Project Less Than Potentially Significant with Less Than Significant Mitigation Significant Impact Incorporated Impact XVI. UTILITIES AND SERVICE SYSTEMS -- Would the project: a) Exceed wastewater treatment requirements of ❑ ❑ the applicable Regional Water Quality Control Board? b) Require or result in the construction of new ❑ water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new ❑ storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to ❑ serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater ❑ treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient ❑ permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes 11 and regulations related to solid waste? XVIL MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade El quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 8387 May 2006 F11 El El No Impact X X ❑ X ❑ X ❑s [] X ❑ X ❑ X KI 22 Initial Study/Mitigated Negative Declaration Dover Drive Sidewalk Prolect 23 Less Than Yotentially Significant with Significant Mitigation Impact Incorporated b) Does the project have impacts that are ❑ individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects El will cause substantial adverse effects on human beings, either directly or indirectly? 6387 23 May 2006 Less Than Significant No Impact Impact ❑ X ❑ ❑ X ❑ Initial Study/Mitigated Negative Declaration Dover Drive Sidewalk Project EVALUATION OF ENVIRONMENTAL IMPACTS: I. AESTHETICS a) Would the project have a substantial adverse effect on a scenic vista? No Impact The site is within a predominantly urban setting and is surrounded by development. The proposed project is not located within a scenic highway nor would it affect scenic vistas. Short -term aesthetic impacts would occur due to views of the construction activity and temporary obstruction of views by construction equipment. However, construction impacts to scenic resources or visual character would be temporary in nature and considered negligible. After construction, the project would not alter the current aesthetics of the existing urban or natural landscapes. b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Less Than Significant Impact The project limits are not within or adjacent to a State - designated scenic highway. The site contains no significant scenic resources or unique visual resources related to geologic formations or historic buildings. Although some red willow trees are present in Reach 3, the project would not require compliance with City Council Policy G -1, "Retention or Removal of City Trees" (as amended April 27, 2004). That policy establishes standards for the removal and reforestation of City trees. The City classifies public trees in one of three categories: Special Trees, Problem Trees, and All Other Trees. Red willow (Salix laevigata) are not among the "Special Trees" called out in Attachment 1 (as amended May 10, 2005) of the City policy; therefore, they are designated as an All Other Tree. It is the City's policy to retain All Other Trees unless removal is necessary for various reasons, including poor tree health, a history of public or private property damage, and liability and public safety. The project would not require removal of willow trees for construction, nor would it jeopardize the health of the existing trees and require their future removal. As described in section IV (Biological Resources), the boardwalk design avoids removal of the red willows in Reach 3. Construction impacts are limited to trimming several overhanging branches and removal of a large (six -inch diameter) limb from two red willow trees. The City's proposed mitigation plan, as described in section IV, is to plant four (4) new one - gallon size red willow trees at the project site for each of the two existing trees that require pruning of large limbs. Since tree removal would not occur, the scenic resource quality of the existing red willow trees would not be substantially damaged by project construction and impacts would be less than significant. C) Would the project substantially degrade the existing visual character or quality of the site and its surroundings? No Impact. The site is within an urban setting and consists of road right -of -way and an adjacent drainage in a predominantly residential and commercial area. Construction and usage of the proposed sidewalk project would not substantially change the character of the site or its surroundings. There would be no impact. d) Would the project create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? No Impact. No new sources of light or glare are associated with construction or operation of the project. Due to the daytime construction schedule, no impacts resulting from light and glare would result. 8387 May 2006 24 Initial Study/Miligated Negative Declaration Dover Drive Sidewalk Project . 77 II. AGRICULTURE RESOURCES a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? No Impact. The site is not currently in agricultural use, nor do the project limits or adjacent properties contain any farmland or soils suitable for agricultural use.. The project site is within and adjacent to road right -of -way in the City of Newport Beach. No parcels adjacent to the project limits are located on Prime or Unique Farmland (Department of Conservation 1998a), nor are they under a Williamson Act contract. There are no local policies for agricultural resources that apply to the project site. As such, the project would not convert Farmland to non - agricultural uses, conflict with existing agricultural zoning or Williamson Act contracts, or indirectly result in the conversion of Farmland to non - agricultural uses. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The project does not involve any conversion of land use; therefore, the project would not result in a conflict with an agricultural or a Williamson Act contract zoning designation. C) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? No Impact. The project does not involve any conversion of land use, nor do the project limits contain any farmland or soils suitable for agricultural use. Therefore, the project would not result in the conversion of farmland to non - agricultural use. III. AIR QUALITY The project site is located within the South Coast Air Quality Management District (SCAQMD), which includes Los Angeles, Orange, San Bernardino, and Riverside Counties except for Antelope Valley in Los Angeles County and the desert portion of nor:hem San Bernardino County and the Palo Verde Valley of Riverside County. Both the State and federal governments have established health based Ambient Air Quality Standards (AAQS) for six air pollutants, which include: carbon monoxide (CO), ozone (03), nitrogen dioxide (NO2), sulfur dioxide (SO2), lead (Pb), and suspended particulate matter less than 10 microns in diameter (PMio). The South Coast Air Basin and Orange County do not attain California and federal AAQS for ozone and PMIe. The State AAQS for PMIe and 03 are exceeded much more frequently and by a greater amount than the federal standards for these pollutants. The Air Basin in compliance with federal SOz, NOz, and Pb standards. a) Would due project conflict with or obstruct implementation ofthe applicable air quality plan? No Impact. The project consists of the construction and usage of a public sidewalk approximately 900 feet in length. The new facility would be maintained by existing Public Works personnel who currently travel to various sites to maintain other City facilities. The project will not directly or indirectly contribute to any operational emissions in excess of the threshold values established by the SCAQMD, nor would it exceed ambient air quality standards. As such, the project would not conflict with or obstruct implementation of the 1997 Air Quality Management Plan (AQMP) or of the Final 1999 Amendment to the 1997 Ozone AQMP for the South Coast Air Basin and the Settlement Agreement on the 1994 Ozone State 8387 25 Initial Study/Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project Implementation Litigation. Construction emissions are also expected to be minor, as described in Ill.b below. b) Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. Constructing the proposed Dover Drive Sidewalk Project would cause temporary air emissions related to minor ground disturbance, application of asphalt pavement, and vehicle and equipment exhaust. Due to the nature of the project, long -term air quality impacts would be less than significant and only construction emissions are evaluated in this section. As indicated previously, construction will occur during a 90 -day work period, or about 18 work weeks. In Reach 1, an 8 to 10- foot -wide strip of existing paved roadway (approximately 150 cubic yards of asphalt within the emergency parking lane) will be excavated and removed to construct the new sidewalk and curb and gutter. In Reaches 2 and 3, minor excavation (two feet deep by one foot wide, approximately 72 cubic yards) will be required along the back of curb in those reaches in order to construct the base for the boardwalk. Minor excavation of about one to two feet deep (approximately 150 cubic yards total) is also required to provide clearance for the wooden boardwalk support beams along the top of slope in the five to six - foot -wide area behind the curb. Based on those construction estimates, the project design engineer provided expected construction equipment types and usage durations, as follows: Equipment/Vehicle Type Usage Frequency Usage During Construction Two pickups for Foremen Each day 90 days (project duration) One backhoe for excavation and removals Each day First 4 weeks Two 10 -wheel dump trucks Each day First 4 weeks One backhoe with bucket auger for post holes Each day Weeks 5 and 6 One ready mix concrete truck and pump 4 hours per day Two days in week 7 One ready mix truck for sidewalk and curb /gutter 4 hours per day Two days in week 9 Paving equipment and pavement roller for 2- foot -wide pavement join strip 4 hours per day One day per week in weeks 9 and 10 One 10 -wheel truck and one roller for asphalt concrete delivery and application 4 hours per day One day per week in weeks 9 and 10 Miscellaneous delivery trucks (10 -wheel size) 4 hours per day One day per week in weeks 6, 7, 8, 14, 15, 16, and 17 Source: Van Dell 2005; URBEMIS 2002 Using the preceding soil disturbance and construction equipment parameters as input to the URBEMIS 2002 air quality model, the model estimates that the following daily construction emissions would result: 8387 26 Initial Study/Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project 7• Table 1 Estimated Construction Erissions Without Mitigation (lbs /day) Source ROG NOx CO sox PMIO Maximum Daily Emissions SCAQMD Daily Threshold 9.28 75 70.68 100 68.41 550 0.00 150 3.18 150 Exceeds Threshold? No No No No No Source: URBEMIS 2002 These construction- related air quality impacts would be temporary and, as shown above, would not exceed SCAQMD daily threshold values. Nevertheless, as is City standard practice, construction equipment would be maintained in good condition to minimize excessive emissions. During construction, watering of exposed earth surfaces would be provided as necessary. All loose material would be compacted to prevent the dispersion of airborne dust. The standards ibr fugitive dust for this project would be as stated in South Coast Air Quality Management District's Rule No. 403, which the City requires of all its construction contractors. C) Would theproject result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Less Than Significant Impact In accordance with SCAQMD methodology, any project that does not exceed the threshold values, or can be mitigated to less than these values, would not add to a cumulative impact. Based on the construction emission calculations presented previously, the project - related emissions would be below thresholds and cumulative air quality impacts would be less than significant. d) Would theproject expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact Castaways Park, Bob Henry Park, Newport Harbor Lutheran Church school, and some residences are all within '/< mile of the project limits. During the construction phase, there will be emissions of all criteria pollutants. Because these emissions will not exceed the SCAQMD's threshold criteria, ambient pollutant impacts would not be expected to exceed significance levels. These emissions will be temporary and will not expose individual receptors for extended periods. During normal usage of the sidewalk project, no air quality pollutant emissions will result. e) Would theproject create objectionable odors affecting a substantial number ofpeople? Less Than Significant Impact. There may be some odors associated with the use of diesel equipment and the asphalt paving during the construction phase. There are residences and schools in the project vicinity; however, the temporary nature of project construction will ensure that these receptors are minimally affected by odors during the construction phase: at this site. 8387 27 Initial Study/Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project IV. BIOLOGICAL RESOURCES Jurisdictional Delineation In August 2004, Chambers Group, Inc. biologists performed a habitat assessment and examined the project site to determine the limits of U.S. Army Corps of Engineers (ACOE) jurisdiction pursuant to Section 404 of the Clean Water Act, California Department of Fish and Game (CDFG) jurisdiction pursuant to the California Fish and Game Code, and California Coastal Commission (CCC) jurisdiction pursuant to the California Coastal Act. Suspected ACOE, CDFG, and CCC jurisdictional areas were mapped on aerial photographs and field checked for the presence of definable channels and /or wetland vegetation, riparian habitat, soils, and hydrology. A letter report prepared in September 2004 summarizes the methodologies and findings of the ACOE, CDFG, and CCC jurisdictional delineations. The report is available for review at the City of Newport Beach Public Works Department. ACOE Jurisdiction An unnamed drainage located parallel to Dover Drive appears to contain perennial flowing waters. This drainage flows from north to south for 500 linear feet and contains riparian and wetland species. As indicated on the wetland data sheets (Chambers 2004), ACOE- defined wetlands are present in the study area within the drainage located below the slope bordering Dover Drive. The northern portion of the drainage contains a wetland vegetated by a red willow (Salix laevigata) woodland with an understory of St. Augustine grass (Stenotaphrum secundatum). Due to the lack of hydric soils, the wetland does not extend up the bank located adjacent to Dover Drive. South of the red willow woodland, ACOE- defined wetlands are found to correspond with the presence of broadleaf cattail (Typha latifolia), which dominates much of the drainage. The slope between Dover Drive and the unnamed drainage is dominated by hydrophytic vegetation including wild heliotrope (Heliotropum curassavicum), saltgrass (Distichlis spicata), and coast goldenbush (Isocoma menziesil), but does not contain the hydric soils necessary to be considered ACOE- defined wetland. Non - dominant upland species such as sweet fennel (Foeniculum .vulgare), artichoke thistle (Cynara cardunculus), wild radish (Raphanus sativus), and iceplant (Carpobrotus edulis) are also present on the slope between Dover Drive and the unnamed drainage. The southern portion of the unnamed drainage and associated wetlands are vegetated with broadleaf cattail, red willow, mule fat (Baccharis salicifolia), arroyo willow (Salix lasiolepis) and celery (Apium graveolens). CDFG and CCC Jurisdiction Because the extent of CDFG jurisdiction and CCC - defined wetlands are identical, the results of the jurisdictional findings are discussed concurrently below. The Cowardin et al. 1976 wetland classification system defines CCC wetlands, while the California Fish and Game Code defines CDFG jurisdiction. CDFG - defined riparian habitat and CCC - defined wetlands are present onsite within the bed of the unnamed drainage and extend to the western bank that is located adjacent to Dover Drive. As indicated previously, this drainage flows from north to south for approximately 500 linear feet and parallels Dover Drive. The northern portion of the drainage contains a red willow woodland with an understory of St. Augustine grass. The canopy of the red willow woodland extends beyond the curb and overhangs Dover Drive. South of the red willow woodland, CDFG riparian habitat and CCC - defined wetlands correspond with a cattail marsh located within the bed of the channel, while saltgrass, coast goldenbush and wild heliotrope dominate the western bank of the drainage. South of the red willow woodland, the CDFG and CCC jurisdiction (i.e., riparian and wetland plant species) extend to within approximately three feet of the curb of Dover Drive. Also located along the western bank are non - dominant upland species such as sweet fennel, artichoke thistle, wild radish, and iceplant. The southernmost portion of the unnamed drainage is vegetated with broadleaf cattail, red willow, mule fat, arroyo willow, and celery. 6367 zg Initial Study /Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project Nt Other Vegetation Communities The west- facing slope located adjacent to the unnamed drainage supports planted coastal sage scrub vegetation. The container plantings on this slope are part of a larger restoration effort associated with Castaways Park and the local community. In addition, it appears that exotic species abatement activities have been performed in the project area on the slope between Dover Drive and the unnamed drainage and may have included the removal of non - native species such as castor bean (Ricinus communis), sweet fennel (Foeniculum vulgare), and artichoke thistle (Cynara cardunculus). Jurisdictional Summary Following the delineation fieldwork, a portion of the overall survey area was used to calculate existing jurisdictional acreages. The project impact area was defined based on a worst -case disturbance limit extending 11 feet from the existing face of curb along the Dover Drive project limits. The 2004 Jurisdictional Delineation found that the project impact area contains approximately 0.03 acre of ACOE jurisdiction, all of which consists of ACOE- defined wetlands. The project area also includes approximately 0.21 acre of CDFG jurisdiction (all riparian habitat) and 0.21 acre of CCC- defined wetlands. The southernmost 500 linear feet of the project limits contain no ACOE, CCC, or CDFG jurisdiction. Other Biological Resource Surveys As indicated in the Initial Study/Negative Declaration for the Castaways Park Revegetation (LSA 2001), a biological survey of the project site was conducted by LSA in March of 2001. The survey covered a study area that included the proposed Dover Drive Sidewalk Project limits. The assessment also included a literature review and records search of the California Natural Diversity Data Base (CNDDB) and the California Native Plant Society's Electronic Inventory (CNPSEI) of Rare and Endangered Vascular Plants of California. a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and game or U.S. Fish and Wildlife Service? Less Than Significant Impact. The CNDDB search (LSA 2001) for sensitive plant species potentially occurring within or near the project site turned up records for various species for which habitat requirements do not exist on site, as confirmed by Chambers Group biologists during the jurisdictional delineation in 2004. No sensitive plant species were observed in the study area during the, biological survey. The southern spike weed, which is a :sensitive species, potentially occurs on the Castaways Park site but was not observed during the 2001 site survey. The proposed sidewalk project is not expected to result in significant adverse impacts to any sensitive plant species. The CNDDB search (LSA 2001) for sensitive wildlife species potentially occurring within or near the proposed project limits turned up records for various species, including the coastal California gnatcatcher (CAGN). Although CAGN was not observes. during the 2001 biological survey by LSA or the 2004 jurisdictional delineation by Chambers Group, it is known to occur along the bluff adjacent to Reach 1 of the project. However, the sidewalk in Reach 1 will be constructed entirely in the existing roadway and would not affect adjacent bluff vegetation. For the other species identified in the records search, the general project area could support suitable habitat; however, such habitat is considered to be absent from the footprint of the proposed sidewalk project, as confirmed by Chambers Group biologists during the 2004 jurisdictional delineation. No other habitat for any endangered, threatened, or other sensitive species 8387 29 Initial Study/Mitigaled Negative Declaration May 2006 Dover Drive Sidewalk Project ,a exists on or adjacent to the project site; therefore, implementation of the project will have no impacts on sensitive species or sensitive species habitats. b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant With Mitigation Incorporated. The Jurisdictional Delineation (Chambers 2004) evaluated impacts for construction of a 5- foot -wide sidewalk with an 8- foot -wide impact area, as well as an 8- foot -wide sidewalk with an 11- foot -wide impact area, both along the entire length of the proposed project limits. The 11- foot -wide impact area most closely represented the impacts of the project at that time. Given those parameters alone, the Jurisdictional Delineation found that ACOE "waters of the United States ", CDFG jurisdictional riparian habitat, and California Coastal Commission jurisdiction would all be potentially impacted by the proposed sidewalk in Reaches 2 and 3. For an 8- foot -wide walkway with an 11- foot -wide overall impact area, the jurisdictional impacts were summarized as follows; • ACOE Jurisdictional Impacts: less than 0.01 acre - Temporary (< 0.01 acre) - Permanent (no impact) • CDFG and CCC Jurisdictional Impacts— 0.09 acre - Temporary (0.03 acre) - Permanent (0.06 acre) The acreages above were indicative of the project design assumptions when the Jurisdictional Delineation was prepared in September 2004. However, several substantial design modifications have been made in the year since the Jurisdictional Delineation was completed. The modifications were made with biological resource impact avoidance as their primary goal. Table 2 on the following page shows the effects of constructing the currently proposed sidewalkfboardwalk project while also incorporating habitat avoidance measures during construction. Table 2 also provides a comparative analysis of the original (i.e., 2004) construction disturbance and sidewalk footprint areas, as well as the net reductions in jurisdictional impacts that would be achieved under the current project design. It is important to note that all impact calculations reflect the area values from the geographic information system (GIS) vegetation mapping files. In contrast to the Jurisdictional Delineation, the following acreages are rounded to three decimal points and converted to square feet (sq. ft.) due to the small impact values and the effects of rounding. For example, a 0.085 -acre impact (3,703 sq. ft.) and a 0.094 -acre impact (4,095 sq. ft.) can both be represented as 0.09 acres when rounded, but the difference measured in square feet is 392 sq. ft. (an area approximately 20 feet by 20 feet). Since the vegetation community impacts are individually very small, it was necessary to use the square footage measurements to determine the relative impact reductions achieved by the proposed project. The high level of precision used, however, does not imply a high level of accuracy since field measurements, aerial photograph resolution, and mapping techniques all result in a loss of accuracy. Therefore, the use of square footage areas is intended primarily as a means of conveying the relative impact reductions that would be achieved by the proposed project. 8387 30 Initial Study/Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project lS •. Table 2 Jurisdictional Impact Summary Vegetation Community/Description Temporary Impacts Permanent Impacts Totallmpacts Acres Sq. Ft. Acres Sq. Ft. Acres I Sq. Ft. �v 2� 5. ar-,h 3,-�' t;Y' 11 -MOT WIDE IMPACTAREA (� FOO7"PERMANEN�� ,+•, .xCt ,K lts�k r[s�'. 3 F00�`TEMPORABYIMPACTZONESJi rs.,xa :s *€w.,4 :tn ONE jr n�F ACOE Jurisdiction Cattail Marsh 0.001 1 40 none none 0.001 40 18 -inch drainage culvert (in 6' x 3' 0.0004' 18 none none 0.0004' 18 box in Cattail Marsh area) Totals 0.0014 58 CDFG/CCC Jurisdiction Red Willow Woodland 0.008 340 0.027 1,186 0.035 1,526 Saltgrass & Heliotrope 0.022 947 0.036 1,564 0.058 2,512 Cattail Marsh 0.001 40 none none 0.001 40 Totals 0.094 4,078 �ROPOSE 'Od.. ( BOARDWALK /SIDEWALR,pESIGN & ;VgRPABLE }VtD,TH, sTOt1H�IXLY77ZSHAB77'ATAVOID 1NCEJ % ACOE Jurisdiction Cattail Marsh' avoided avoided none none none none 18 -inch drainage culvert (in 6' x 3' avoided avoided none none none none box in Cattail Marsh area) l Totals none none CDFG/CCC Jurisdiction Red Willow Woodland 0.002 85 0.007 297 0.009 382 Saltgrass & Heliotrope' 0.019 808 0.032 1,385 0.051 2,193 Cattail Marsh' avoided avoided none none none none Totals 0.060 2,575 Net Reduction in ACOE Jurisdictional Impacts/ (%) -0.00141 -581 (100 %) (100 %) Net Reduction inCDFG /CCC Jurisdictional Impacts /( %) - 0.0304/ - 1,5031 (36 /o) (37/0) Notes Represents project disturbance footprint used in 2004 jurisdictional delineation. ' 2004 jurisdictional delineation indicated impact of less than 0.01 acre since it is considered the smallest "measurable impact" area for ACOE delineation purposes. Actual area measurements in acres and square feet are shown above. Cattail Marsh fully avoided and Saltgrass/Hcliotrope partially avoided by restricting the temporary constriction area in one 9- foot -long section and in a 15- foot -long section of the boardwalk construction site (southerly portion of Reach 2). Actual avoidance area will measure 60 feet long by 6 feet wide. Support post design avoids boardwalk impacts in culvert area. ° Red Willow tree removal and canopy loss impacts are avoided by boardwalk rather than sidewalk design in Reach 3. Red Willow tree canopy impacts are reduced by approximately 75 percent over original design since project construction would only raise the canopy and remove overhanging limbs for short-term equipment clearance and long -term pedestrian safety. The extent of the tree trimming would only affect about 350 to 400 square feet of the Red Willow tree canopy. 8387 May 2006 31 Initial Study /Mitigated Negative Declaration Dover Drive Sidewalk Project ACOE Jurisdictional Impacts As indicated, the Dover Drive Sidewalk Project would avoid impacting ACOE jurisdiction. Based on the recommendations in the 2004 Jurisdictional Delineation, the City determined that the ACOE impacts could be completely avoided by restricting the width of the temporary construction area to less than 9 feet wide in two sections of the project limits — one for a length of 9 feet and the second for a length of 15 feet. The actual avoidance area will measure 60 feet long by 6 feet wide in the southerly portion of Reach 2. The proposed support post design for the boardwalk in Reach 2 would avoid impacts in the culvert area, which supports cattail marsh. Also, in order to ensure that fill would not be deposited in the ACOE jurisdiction during construction, silt fences would be installed to control construction- related debris and sediment. CDFG and CCC Jurisdictional Impacts The 2004 Jurisdictional Delineation found that there would not be any riparian or wetland impacts in Reach 1. Although the delineation did not specifically evaluate the proposed Reach 1 design concept (i.e., 4.5 to 7.5- foot -wide sidewalk in the existing road), which was added to the Alternatives Study after the delineation report was completed, the proposed design has a similar footprint to an analyzed alternative with a 5 -foot sidewalk in the existing road. Since that alternative would not have any impacts to habitat or jurisdictional waters, the proposed design concept with a variable width sidewalk in the existing road would also not have any impacts to habitat or jurisdictional waters. As indicated in Table 1, the proposed project would affect a total of 0.06 acre of CDFG jurisdiction, all of which consists of riparian vegetation, and 0.06 acre of CCC - defined wetlands. Of this 0.06 acre, 0.04 acre would be permanently affected and 0.02 acre would be temporarily affected by the proposed project. Of the total impacted area, 0.05 acre is dominated by saltgrass and wild heliotrope. Cattail marsh is fully avoided and saltgrass/heliotrope is partially avoided by restricting the temporary construction area in one 9- foot -long section and in a 15- foot -long section of the boardwalk construction site (i.e., southerly portion of Reach 2). The actual avoidance area will measure 60 feet long by 6 feet wide. As indicated previously, the 2004 Jurisdictional Delineation assumed the complete removal of red willow canopy and trunks within a 0.03 -acre impact area, which included an eight- foot -wide permanent impact zone and a three - foot -wide temporary impact zone in Reach 3. However, the current project design would completely avoid red willow tree removal and would minimize canopy loss impacts by constructing a boardwalk rather than a sidewalk and by varying the boardwalk width at the red willow locations in Reach 3. Construction impacts are limited to trimming several overhanging branches and removal of a large (six - inch diameter) limb from two red willow trees for the purposes of allowing short-term equipment clearance and long -term pedestrian safety. Since no willows would be removed, impact calculations were derived by estimating canopy loss due to the minor trimming and limb removal. The extent of the proposed tree trimming would only affect about 350 to 400 square feet of the existing willow tree canopy, as compared to over 1,500 square feet of canopy and trunk loss under the 2004 impact scenario. The City's proposed mitigation plan is to plant four (4) new one - gallon size red willow trees at the project site for each of the two existing trees that require pruning of large limbs. The 2004 Jurisdictional Delineation (pages 13 and 14) indicated the following regarding CDFG and CCC jurisdictional impacts: 8387 May 2006 CDFG jurisdictional riparian habitat and CCC - defined wetlands are present throughout much of the project site. Avoidance of CDFG and CCC jurisdiction to the maximum extent practicable is recommended in order to expedite the permitting process and reduce the cost of mitigation. In the vicinity of the Newport Harbor Lutheran Church & School parking lot, the limits of construction are likely to encroach on CDFG jurisdictional riparian habitat /CCC= defined wetlands because 32 Initial Study /Mitigated Negative Declaration Dover Drive Sidewalk PMJect �3 several large red willow trees are rooted within 5 -10 feet from the curb of Dover Drive and avoidance of this riparian habitat is unlikely. It is not certain how many mature red willow trees would have to be removed, or would be irreversibly harmed in order to install the 8-fool-wide or the 11-fool-wide sidewalk. Installation of the 8-fool-wide sidewalk would at least result in the removal of some large [willow] trees. in addition, the installation of the sidewalk would require the. construction of a two foot deep trench that could harm or kill red [willow] trees by damaging the root system. The impact analysis contained herein resulted from overlaying the project footprints over the canopy of the red willow trees. However, please note that the removal or death or a red willow tree may result in an impact greater than the footprint area depicted on Figures 3 and 4. Since preparation of the Jurisdictional Delineation in 2004, however, the project design in Reach 3 has been modified to avoid removal and root damage impacts to the existing red willow trees. As indicated above, this has been accomplished by using the boardwalk design rather than a concrete sidewalk and by varying the boardwalk width at the red willow locations in Reach 3. Construction - related ground disturbance in Reach 3 would be limited to borings for the 18 -inch support posts, as well as minor excavations. The excavations are necessary to 1) construct the base for the boardwalk, which would require a two- foot -deep by one - foot -wide excavation immediately adjacent to the existing back of curb; and 2) to provide ground clearance for the wooden support beams at each corresponding support post, which would require excavating individual areas measuring about one - foot -deep by one - foot -wide by five- feet -long (measured perpendicular from the back of curb) only at those support beam locations along the top of slope. Given those construction parameters, tree roots would not be damaged and impacts to root systems would not result. Mitigation Measures For construction- related impacts resulting from the proposed trimming of several overhanging branches and removal of a large (six -inch diameter) limb from two red willow trees, the City is proposing the following mitigation: Mitigation Measure l: The City of Newport Beach Public Works Department shall plant jour (4) new one - gallon size red willow trees at the project site for each of the two existing trees that require pruning of large limbs, for a total of eight (8) new trees. The City shall determine maintenance requirements and monitcring duration. Approximately 0.06 acre (includes the red willow impacts discussed above) of CDFG and CCC impacts cannot be avoided and the project may require a CDFG Section 1602 Streambed_Alteration Agreement and a CCC Coastal Development Permit. If the permits are found to be necessary, as determined by the resource agencies, permit conditions would address temporary and permanent project- related impacts to jurisdictional areas. The resource agencies generally recommend avoidance of impacts and if that is not possible, minimization of the impacts as mitigation. If determined necessary, any additional mitigation would be finalized as conditions of the resource agency permits. Given the project review that will be conducted by the resource agencies, combined with the relatively minor jurisdictional impacts and the City's proposed mitigation measure, impacts would be reduced to a less than significant level with mitigation. 8387 33 Initial Sludy/Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project c) Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less Than Significant Impact Please refer to the previous discussion about jurisdictional impacts. The project area contains federally protected wetlands as defined by Section 404 of the Clean Water Act; however, all federally protected wetlands would be avoided during project construction. By avoiding ACOE jurisdiction through restricting the temporary construction area, the ACOE Section 404 permitting process would not be necessary. d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Significant Impact Although wildlife movement corridors may be present in the existing riparian zone adjacent to the project limits, and the project area may support native resident or migratory wildlife species, project- related impacts are expected to be less than significant. The project will not physically encroach on those areas and the proposed project would not directly or indirectly interfere with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites. e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less Than Significant Impact Although some red willow trees are present in Reach 3, the project would not require compliance with City Council Policy G -1, "Retention or Removal of City Trees" (as amended April 27, 2004). That policy establishes standards for the removal and reforestation of City trees. The City classifies public trees in one of three categories: Special Trees, Problem Trees, and All Other Trees. Red willow (Salix laevigata) are not among the "Special Trees" called out in Attachment 1 (as amended May 10, 2005) of the City policy; therefore, they are designated as an All Other Tree. It is the City's policy to retain All Other Trees unless removal is necessary for various reasons, including poor tree health, a history of public or private property damage, and liability and public safety. The project would not require removal of willow trees for construction, nor would it jeopardize the health of the existing trees and require their future removal. f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less Than Significant Impact As indicated in the Initial Study/Negative Declaration for the Castaways Park Vegetation (LSA 2001), the project site is within the coastal portion of the Orange County Central - Coastal Subregional Natural Community Conservation Planning (NCCP) program, which includes several thousand acres of natural open space in the San Joaquin Hills that contain dense, relatively undisturbed scrub habitat. The final NCCP /Habitat Conservation Plan (HCP) for the Central Coastal Subregion was approved in July 1996. The approved NCCP /HCP and applicable Section 10(a) permits identify the project area as outside the designated habitat reserve. 8387 34 Initial Study/Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project i ✓7 V. CULTURAL RESOURCES Previous Cultural Resources InvestiRations An Initial Study/Negative Declaration was prepared in October 1994 for the Upper Castaways (TTM 15012) project. That document and the Initial Study/Negative Declaration for the Castaways Park Revegetation project (LSA 2001) both includ. --d evaluations of potential impacts on cultural resources. Those documents are referenced as applicable in the following discussions. The following cultural resource sites were noted in those documents: • Ca -Ora48 — Severely disturbed and no further scientific investigation warranted. • Ca -Ora49 — Not impacted by the residential or bluff trail development. • Ca- Ora -186 — Not impacted by residential or bluff trail development. a) Would the project cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No Impact. Since no building(s) 45 years or older will be affected by the proposed project, it is not necessary to assess or evaluate nearby structures for potential historical significance, Construction work will be contained with the road right -of -way or other previously disturbed easements along Dover Drive. Although previous environmental documentation for the area (LSA 2001) noted the presence of several cultural resource sites, none of them contain historic resources eligible for listing on the National Register of Historic Places (NRHP). No impact will result. b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? No Impact. The majority of ground disturbance associated with the proposed project would occur in Dover Drive or within six feet of the existing back of curb. Soil excavation two feet below existing ground surface by one foot wide will be necessary along the back of curb in Reaches 2 and 3 in order to construct the base for the boardwalk. Minor excavation, of about one to two feet deep is also required to provide clearance for the wooden boardwalk support beams along the top of slope in the five to six - foot -wide area behind the curb. Because of the amount of ground disturbance that has occurred here in the past from the establishment of the road, intact archaeological deposits are unlikely to exist and no impacts are expected. This is consistent with the findings in the Negative Declarations for the Upper Castaways (City of Newport Beach 1994) project and the Castaways Park Revegetation (LSA 2001). However, the City may decide to conduct on- site monitoring on an as- needed basis during excavation activities, depending on the known conditions and extents of past soil disturbance areas in the project limits. In the unlikely event that archaeological materials are encountered during ground disturbance, all work in the vicinity of the find would be temporarily halted or redirected until the resource(s) can be documented and evaluated by a qualified archaeologist, as is standard practice on all City construction projects. No mitigation measures are required. C) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. Because of the amount of ground disturbance that has occurred here in the past from the establishment of Dover Drive, intact paleontological deposits are unlikely to exist and no impacts are expected. This is consistent with the findings in the Negative Declarations for the Upper Castaways (City 8387 35 Initial Study/Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project =•ir of Newport Beach 1994) project and the Castaways Park Revegetation (LSA 2001). However, the City may decide to conduct on -site monitoring on an as- needed basis during excavation activities, depending on the known conditions and extents of past soil disturbance areas in the project limits. In the unlikely event that any paleontological resources are encountered, the City would temporarily halt or redirect all work in the vicinity of the find until the resource(s) can be documented and evaluated by a qualified paleontologist, as is standard practice on all City construction projects. No mitigation measures are required. d) Would the project disturb any human remains, including those interred outside of formal cemeteries? No Impact. The project area is not known to be the location of a prehistoric or historic- period human burial or cemetery and no human remains have been identified within the project area. Due to the history of disturbance along Dover Drive, no human remains are expected to occur within the project limits and no impacts are anticipated. If human remains are found, all work would stop and the Orange County Coroner would be notified. If the remains were determined to be of Native American origin, the Coroner would contact the California Native American Heritage Commission to identify the Most Likely Descendants to contact regarding repatriation or reburial of the remains. Clearance from these authorities would be obtained prior to resuming work in the vicinity of the find, as is standard practice on all City construction projects. Consistent with the findings in the Negative Declarations for the Upper Castaways (City of Newport Beach 1994) project and the Castaways Park Revegetation (LSA 2001), no impacts would result and no mitigation measures are required. VI. GEOLOGY AND SOILS Geo- Environmental, Inc. (GEI) collected soil samples from borings, performed laboratory testing on the soil samples, and prepared a geotechnical report (GEI 2004) that recommended design criteria for the proposed Dover Drive Sidewalk Project. The pertinent findings of that report are summarized in the following sections. The specific laboratory testing methodologies and results are provided in the GEI geotechnical report, which is an appendix to the Alternatives Study by Van Deli (2005). Based on field exploration and laboratory test results performed on soil samples obtained from the subject site, it is GEI's opinion that the site is suitable for the proposed sidewalk improvements, provided that the recommendations presented in the GEI geotechnical report are implemented in the design of the structures and their construction, as applicable to the selected reach designs. a) Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving. i) Rupture of a known earthquake faul4 as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Less Than Significant Impact. The proposed project would include the construction of a sidewalk in an area that is intensively developed with urban land uses. The Newport Beach USGS 7.5- minute quadrangle contains a Special Studies Zone designated pursuant to the Alquist -Priolo Act. However, the City of Newport Beach, and the project area in particular, is not listed on the California Geological Survey list of Cities and Counties Affected by Alquist - Priolo Earthquake Fault Zones as of May 1, 1999, nor is the project site shown to be affected by an Earthquake Fault Zone on the official map effective July 1, 1986. 8367 36 Initial Sludy/Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project i. � Nevertheless, the region is seismically active with displacement and deformation occurring along Peninsular Ranges north- south - trending faults and Transverse Ranges east -west trending faults and folds. Quatemary-age faults that express the eastern structural trend of the Peninsular Ranges province include the Newport- Inglewood (L.A. Basin), Newport - Inglewood (Offshore), and Compton Thrust Fault zones. The project site is closest to the Newport- Inglewood (L.A. Basin) fault zone (approximately 2.4 miles), the Newport- Inglewood (Offshore) fault zone (approximately 2.8 miles), and the Compton Thrust Fault zone (approximately I0.4 miles). The largest maximum earthquake site acceleration is 0.5968. Based on field exploration and laboratory test results performed on soil samples obtained from the subject site, GEI (2004) has indicated that the site is suitable for the proposed sidewalk improvements, provided that the recommendations presented in their geotechnical report are implemented in the design of the structures and their construction, as applicable to the selected reach designs. Adherence to standard engineering practices and standard City design criteria relative to seismic and geological hazards would maintain impacts at levels that are less than significant. ii) Strong seismic ground shaking? Less Than Significant Impact. As indicated above, the project area in general could be exposed to strong ground shaking. However, engineering design criteria will account for the area's general susceptibility to groundshaking and other seismic - related hazards, as is standard practice for such projects. Based on the GEI (2004) geotechnical report, the project would not expose people or structures to adverse effects resulting from fault rupture, ground shaking, or ground failure due to its location. Adherence to standard engineering practices and standard City design criteria relative to seismic and geological hazards would maintain impacts at levels that are less than significant. iii) Seismic - related ground failure, including liquefaction? Less Than Significant Impact. According to the State Department of Conservation (1998b), the project site is partially within a known liquefaction area, as mapped on the official Newport Beach USGS 7.5- minute seismic hazard map. It is an area where historic occurrence of liquefaction, or local geological, geotechnical and groundwater conditions indicate a potential for permanent ground displacements such that mitigation as defined in Public Resources Code Section 2693(c) would be required. However, as indicated in the GEI (2004) geotechnical report, the current engineering design criteria reflect the area's general susceptibility to groundshaking and other seismic- related hazards, as is standard practice for such projects. Impacts will be less than significant. iv) Landslides? Less Than Significant Impact. According tc the State Department of Conservation (1998b), the project site is adjacent to areas having the potential for landslides, as mapped on the official Newport Beach USGS 7.5- minute seismic hazard map. These are areas where previous occurrence of landslide movement, or local topographic, geological, and geotechnical conditions indicate a potential for permanent ground displacements such that mitigation as defined in Public Resources Code Section 2693(c) would be required. However, as indicated in the GEI (2004) geotechnical report, the current engineering design criteria reflect the area's general susceptibility to landsliding and other seismic - related hazards, as is standard practice for such projects. Impacts will be less than significant. 8387 37 Initial Study/Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project b) Would the project result insubstantial soil erosion or the loss of topsoil? Less Than Significant Impact Relatively minor excavations that are necessary to construct the base for the boardwalk (two feet deep by one foot wide) and to provide clearance (approximately one - foot -deep) for the wooden boardwalk support beams along the top of slope in Reaches 2 and 3 would expose soils to short-term erosion by wind and water. As is standard practice for City construction projects, the project would be subject to City requirements for erosion control, which will be implemented by the construction contractor. Impacts would be less than significant. c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact. The proposed project would require relatively minor ground surface alterations, including excavations to depths of approximately two feet. Projects of this character generally do not have the potential to cause unstable earth conditions or changes in geological structure. The GEl (2004) geotechnical report found that the project site contains poorly consolidated undocumented fill materials. During the field investigation at the, site, unsuitable soils were encountered approximately 7 to 10 feet below the existing surface level of Dover Drive. However, due to the characteristics of the project, recommendations for removal depths of unsuitable material will be on the order of approximately two feet below the existing surface level. GEl found that the existing on -site materials encountered are suitable for the support of the proposed sidewalk. Additionally, the GEl report recommendations pertaining to slope stability and the reduction of total and differential settlement are not applicable to the current project design. Slope stability analysis was not recommended by GEl for the selected boardwalk design in Reaches 2 and 3, or for the variable width sidewalk within the existing road in Reach 1. In Reach 1, the project would avoid impacting (i.e., back cutting) the slope above the existing roadway, thereby precluding the need for a retaining wall in that reach. In Reaches 2 and 3, the proposed sidewalk would be supported on 18 -inch diameter concrete posts. The geotechnical report recommendations for additional slope stability analyses were only applicable to those design alternatives with retaining walls. Based on the GEl (2004) geotechnical report, the project would not expose people or structures to adverse effects resulting from ground failure or landslides. The project would not result in landslide, lateral spreading, subsidence, liquefaction, or collapse due to its location. Adherence to standard engineering practices and City design criteria relative to seismic and geological hazards would maintain impacts at levels that are less than significant. d) Would the project be located on expansive soil, as defined in Table I8 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? Less Than Significant Impact As indicated above, the project would not create substantial risks to life or property from expansive soils due to its location. Based on the GEl (2004) geotechnical report, the project would not expose people or structures to adverse effects resulting from expansive soils. Adherence to standard engineering practices and standard City design criteria would maintain impacts at levels that are less than significant. 8387 38 Initial Study /Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project k�, e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The proposed project would not require the use of septic tanks or alternative wastewater disposal. No impacts will result. VII. HAZARDS AND HAZARDOUS MATERIALS a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact. Hazardous or flammable substances that may be used during the construction phase of the project would include vehicle fuels and oils for the operation of heavy equipment. Diesel and/or other construction equipment and vehicle fuels would be used; however, the transport, storage, and usage of hazardous mat-.rials such as fuels are regulated by the State and would be in compliance with all State regulations during construction. Construction vehicles on -site may require routine or emergency maintenance that could result in the accidental, albeit unlikely, release of oil, diesel fuel, transmission fluid, and/or other materials. However, those types of hazardous materials would not be used in large enough quantities, used for a long enough period, or stored in a manner that would pose a significant threat to the public. The risk of foreseeable upset or accident conditions involving the release of hazardous materials into the environment as a result of this project is minimal and would not be anticipated. Impacts are less than significant. b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant Impact. See paragraph a) above. Impacts would be less than significant. C) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste withitt one- quarter mile of an existing or proposed school? Less Than Significant Impact. The project limits are within one - quarter mile of the existing Newport Harbor Lutheran Church and School, which is just northeast of the project site. Although the school facility is located within one - quarter mile of the site, the project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste. Construction is expected to proceed at a relatively rapid rate and would not result in substantial dust or equipment emissions. Therefore, impacts would be less than significant. d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. According to the State of California Department of Toxic Substances Control, the site is not located on a list of hazardous materials sites. No environmental impacts would result from the proposed project. 8387 May 2006 39 Initial Study/Mitigated Negative Declaration Dover Drive Sidewalk Project e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact. The project site is not located within an airport land use plan, or within 2 miles of a public or private airport. By its nature, the proposed project does not have the potential to result in a safety hazard for people residing or working in the project area. No impact would result. n For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. See paragraph e) above. The project is not within the vicinity of a private airstrip. No environmental impacts would result from the proposed project. pj Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact. Project activity would not alter emergency response or emergency evacuation routes. Roadways would remain accessible during construction, and returned to their original condition upon completion of the sidewalk project. The City routinely implements traffic control plans for construction projects, and the plan that will be implemented with the project would ensure that any impacts to emergency response plans or evacuation plans would be less than significant. Further, the City Public Works Department would provide early coordination with City emergency personnel to ensure the planning of alternative emergency routes where necessary. h) Would the project expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact Although vegetation communities exist adjacent to and east of the project limits, the site is located in a predominantly urban area and would not expose people or structures to a significant risk of loss, injury, or death from wildland fires. VIII. HYDROLOGY AND WATER QUALITY An unnamed drainage located parallel to Dover Drive appears to contain perennial flowing waters. This drainage flows from north to south for about 500 linear feet. Stormwater and urban runoff enter the project limits through a 14 -inch culvert located south of the Newport Harbor Lutheran Church & School parking lot. The stormwater and urban runoff flow for approximately 500 linear feet on the surface and drain offsite through an 18 -inch culvert. Water is also conveyed to the drainage via several landscape irrigation pipes located on the east bank of the drainage. a) Would the project violate any water quality standards or waste discharge requirements? Less Titan Significant Impact. The construction contractor will be required to implement erosion control measures to ensure that no soil or construction- related materials will enter the storm drain system or upper Newport Bay. In addition, silt fences are called out on the construction plans and will be installed and maintained by the contractor during work adjacent to Reaches 2 and 3 to insure that work activity does not encroach beyond the 11 -foot and 8 -foot project impact areas. The silt fences will ensure that no soil or construction materials fall down slope into sensitive vegetation in the drainage course. The proposed 8387 40 Initial Sludy/Miligated Negative Declaration May 2006 Dover Drive Sidewalk Project jt project would be in compliance with all codes and regulations governing the prevention of erosion and transport of pollutants during construction. Therefore, impacts would be less than significant. b) Would the project substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the localgroundwater table level (e.g., the production rate ofpre- existing nearby wells would drop to a level which would not suppo,•t existing land uses or planned uses for which permits have been granted)? No Impact. The proposed project does not include the consumptive use of water and would not result in the depletion of groundwater resources or a lowering of the groundwater table. Due to the nature of this project, it would not affect the rate of flow or quantity of ground waters. No environmental impacts would result. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or offsite? Less Than Significant Impact. The unnamed drainage downslope of the proposed sidewalk project will be unaffected during project construction and for the life of the project. No grading or structural alterations would occur within the drainage course. Since project construction is planned to commence after the rainy season, and with the implementation of the Cily's standard Best Management Practices for runoff control during construction, as described in section VIII(a) above, no significant erosion problems would be expected. No change in drainage patterns would result. d) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount ofsurfaee runoff in a manner that would result in flooding on- or offsite? Less Than Significant Impact. The amount of surface water runoff along the project limits would not change relative to current conditions. No aspect of the proposed sidewalk project would result in on- or off -site flooding. See section VIII(c) above. e) Would the project create or contribute runoff water that world exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. Construction and daily use of the proposed Dover Drive sidewalk does not involve the discharge of water into any drainage courses. The three existing storm drain inlet structures at the southern end of Reach 1 will be relocated approximately 4.5 to 7.5 feet west to accommodate sidewalk construction in the Dover Drive right -of -way. The project would not result in a net change in the amount of runoff discharge to those facilities since impervious surfaces after project construction would be the same as current conditions. Therefore, the project would not affect existing stormwater drainage systems and no significant impacts would occur. J) Would the project otherwise substantially degrade water quality? Less Than Significant Impact. As indicated above, construction of the sidewalk project would not increase erosion or runoff from impervious surfaces. The only potential to degrade water quality would be if any hazardous materials (such as diesel fuel) onsite during construction would migrate into the water 8387 41 Initial Study/Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project r; I system. However, the appropriate handling of these materials (see section V11(a) above) results in a less than significant impact. g) Would the project place housing within a 100year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. The proposed project is not located within a 100 -year floodplain, and the project does not involve placement of housing. No environmental impacts would result. h) Would the project place within a 100 year flood hazard area structures that would impede or redirect flood flows? No Impact. The project would construct a public sidewalk facility. No structures would be built in the project area that would impede or redirect flood flows in the nearby drainage. No impacts would result. i) Would the project expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No Impact. The project would not expose people or structure to risk or injury as a result of the failure of a levee or dam. No impact would result P Would the project inundation by seiche, tsunami, or mudflow? No Impact. Seiche, tsunami, and mudflow are not hazards in the project area. The project would not expose people or structures to inundation by seiche, tsunami, or mudflow. No impact would result. IX. LAND USE AND PLANNING As previously indicated, the proposed Dover Drive Sidewalk Project is located east of residential development along Dover Drive, immediately west and downslope of Castaways Park, and southwest of Newport Harbor Lutheran Church and School. Figure 3 depicts existing conditions in the project limits and on surrounding properties. An unnamed drainage located parallel to Dover Drive appears to contain perennial flowing waters. This drainage flows from north to south for 500 linear feet and contains riparian and wetland species. The proposed project site is within the right -of -way of Dover Drive but is designated as REDS (Recreational & Environmental Open Space) in the City's General Plan. The site is located east of land uses that are designated APF (Administrative, Professional, & Financial Commercial) and SFD (Single Family Detached). The project site is zoned as PC43 (Upper Castaways Planned Community). East of the site are properties zoned APF (Administrative, Professional, Financial) and R -1 (Single- Family Residential). South of Cliff Drive and northeast of the Dover Drive/PCH intersection is a commercial area designated PC -37- MM (Castaways Marina, Mariner's Mile Overlay). a) Would the project physically divide an established community? No Impact. The project is the installation of public sidewalk within an existing arterial right -of -way. Surrounding land uses are primarily residential, commercial, and recreational in nature. There would be no 8387 42 Initial Study /Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project use of any other land for the project, and thee: would be no division of an established community. No impact would result. b) Would the project conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. Current land use regulations allow for the proposed use of the road right -of -way for sidewalk construction. The proposed project would not result in an alteration of land use in the area. No environmental impact would result. c) Would the project conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. As indicated in the Initial Study,Negative Declaration for the Castaways Park Vegetation (LSA 2001), the project site is within the coastal portion of the Orange County Central- Coastal Subregional Natural Community Conservation Planning (NCCP) program, which includes several thousand acres of natural open space in the San Joaquin Hills that contain dense, relatively undisturbed scrub habitat. The final NCCP /Habitat Conservation Plan (HCP) for the Central Coastal Subregion was approved in July 1996. The approved NCCP /HCP and applicable Section 10(a) permits identify the project area as outside the designated habitat reserve. No significant impacts would occur. X. MINERAL RESOURCES a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents cf the State? No Impact. The project site is located in an urban area and does not contain mineral deposits or resources of regional or State value. No impact would result. b) Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land rise plan? No Impact. The project site consists of paved roadway and does not contain locally important mineral resources delineated on City land use plans. No impact would result. XI. NOISE Sound is mechanical energy transmitted by pressure waves in a compressible medium such as air. Noise as a pollutant can be defined as unwanted sound. The decibel (dB) scale is used to quantify sound intensity. Because the human ear is not equally sensitive to all frequencies within the spectrum, noise measurements are weighted more heavily within those frequencies of maximum human sensitivity in a process called "A- weighting" written as dBA. Noise can be generated from either point soc;rces (stationary equipment) or from a line source, such as a roadway with moving vehicles, or aircraft flying overhead. Noise decreases with distance and over the terrain over which it travels. Existing noise sources at the project site are primarily from traffic along major arterials (Pacific Coast Highway, Dover Drive, Cliff Drive, etc.), as well as occasional construction noise 6367 43 Initial Study/Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project i �`l from surrounding projects. Because of the site's location within these roadways and proximity to traffic - generating uses, the existing ambient noise levels are relatively high. The Newport Harbor Lutheran Church school and nearby residences west of Dover Drive are the primary noise - sensitive receptors within one - quarter mile of the project limits. The City of Newport Beach General Plan Noise Element contains interior and exterior noise level standards for both mobile and locally regulated sources. The noise level limits for residential and other noise - sensitive areas are not to exceed 65 dBA Leq for exterior and 45 dBA Leq for interior areas. Non- residential use areas are not to exceed 70 dBA Leq for exterior areas. a) Would the project result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact. The project consists of the construction of a public sidewalk in an urbanized area with relatively high traffic volumes. The generation of project- related noise would occur over the short-term for site preparation and construction activities. However, this noise would not be significant given the context of the existing noise from traffic and existing land uses in the project area. The project construction noise would not conflict with the surrounding residential and school uses, which are the most noise - sensitive. Although located within one - quarter mile of the proposed construction limits, those land uses would not be adversely affected by short-term, temporary noise increases that may occur during construction. The possible impacts would occur over a relatively short duration (i.e., 90 days) and would only occur during the daytime hours. All construction work will be accomplished within the time limits permitted by City's noise ordinance, which allows construction on weekdays between 7:00 a.m. and 6:30 p.m. Work will be conducted on Saturdays between &00 a.m. and 6:00 p.m. only if approved by the Public Works Director for special needs during the construction period. No work will be permitted on holidays or Sundays. Compliance with those time limits is sufficient to maintain all construction- related noise impacts at levels that are less than significant. By its nature, the proposed sidewalk project would not result in any long -term increases in existing noise levels in the project area. Therefore, both short-term and long -term noise impacts would be less than significant. b) Would the project result in exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. Excessive groundborne vibration is typically caused by activities such as blasting used in mining operations, or the use of pile drivers during construction. The project will not require any blasting activities but would involve boring and pile driving to construct the 18 -inch diameter concrete posts that will support the boardwalk header beams in Reaches 2 and 3. Despite the noise and vibration levels associated with such construction, however, it would occur at times of the day and for . short enough durations that it would not be a nuisance to noise sensitive uses. Further, given their distance from the project construction limits, occupied structures would not be exposed to excessive groundborne vibration or groundborne noise levels. Therefore, impacts would be less than significant. c) Would fire project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. The project would not generate any vehicle trips that would add to roadway noise in the long- term. Therefore, ambient noise levels in the project vicinity would be the same as levels existing without the project and no impact would result. 8387 44 Initial Study /Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project d) Would the project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. As discussed in section XI.a above, short-term noise impacts are impacts associated with the installation of the sidewalk reaches. These activities would result in short-term noise levels that would be slightly higher than the existing ambient noise levels in the project area today (e.g., truck traffic and construction activity), but would cease once construction is complete. A less than significant impact would result. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The proposed project does not include any residential or commercial development. The proposed project site is not located within an airport land use plan, or within 2 miles of a public airport or public use airport. No environmental impacts would occur. j) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact See paragraph e) above. The project is not located with the vicinity of a private airstrip and would not expose people residing or working in the project area to excessive noise levels. No impact would result. XII. POPULATION AND HOUSING a) Would the project induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? No Impact. The proposed project would not directly or indirectly induce population growth. The proposed sidewalk project would serve existing pedestrian users and has no potential for growth inducement. No environmental impacts would result. b) Would the project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The proposed sidewalk project will be constrained to the Dover Drive right -of -way. No housing would be displaced by the project. C) Would die project displace substantial numbers ofpeople, necessitating the construction of replacement housing elsewhere? No Impact The project would not displace any housing or people. No environmental impact would result. 8387 45 Initial Study /Mifigafed Negative Declaration May 2006 Dover Drive Sidewalk Project XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new orphysically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public services, including Fire Protection, Police Protection, Schools, Parks, or other public facilities? No Impact. The proposed project would not create a substantial new fire or public safety hazard. New employment would not be generated that would affect the demand for schools, parks, or other public facilities. The project would not result in the need for new or physically altered government facilities nor would it affect emergency response times or other performance objectives for public facilities in Newport Beach. Since the proposed project would not result in substantial adverse physical impacts associated with the provision of new or physically altered public facilities, no environmental impacts would result. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact. The proposed project does not involve residential uses and would not cause a direct increase in the population of the project area. No increase in demand for or use of existing parks or recreational facilities would result from the implementation of the proposed project. Castaways Park is located immediately east of and adjacent to the proposed project area and is largely a passive recreation park, but with some paved and unpaved trail facilities. The proposed sidewalk would be constrained along the east side of Dover Drive and would not interfere with park usage. Rather, the proposed project would provide an additional pedestrian linkage to and from the park and surrounding areas. The proposed project would not cause physical deterioration of any recreational facilities and no environmental impacts would result. b) Does the project include recreational facilities or require the construction or expansion or recreational facilities which might have an adverse physical effect on the environment? No Impact. The proposed project would not include recreational facilities nor require the construction or expansion of recreational facilities that might have an adverse effect on the environment. No impact will result. XV. TRANSPORTATION/TRAFFIC The project segment of Dover Drive passes near a mix of commercial, residential, recreational, and other uses. In this area Dover Drive and other surface streets receive moderate to heavy volumes of daily traffic. The nearest major arterial with high traffic volumes is Pacific Coast Highway, which is less than '/< mile south of the intersection of Cliff Drive and Dover Drive. Short-term traffic impacts would occur only on Dover Drive where construction is scheduled. Since part of the project would be located in the street right - of -way, on -street parking would be affected during construction. Construction vehicles would be required 8387 46 Initial Study /Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project to park in close proximity to construction activities, thereby further encroaching upon on- street parking spaces. For the most part, the proposed sidewalk project would require grading and excavation only at shallow depths along the project limits. As indicated previously, construction would require temporary closure of one lane of northbound traffic on Dover Drive during construction. A mandatory traffic control plan will minimize the effects of construction on local residents, businesses and schools. The construction contractor will coordinate with City traffic engineering personnel regarding standard construction staging and traffic control plan requirements. Construction vehicles and machinery would be staged in a location on the street that would minimize construction interference with normal traffic patterns. Details of the traffic control plan would include construction vehicle haul routes, use of sidewalks, use of curb parking lanes, lane closures, etc. Additionally, the contractor may be required to build specific parts of the project during restricted times when effects would be minimized. The lane closure on Dover Drive could be limited to 8:30 a.m. to 3:30 p.m. in order to avoid the evening rush hour, as determined necessary by the Public Works Department. Flagging and appropriate signage would be installed to minimize potential safety hazards for vehicular and pedestrian traffic. The following evaluations indicate that all traffic impacts would be less than significant. a) Would the project cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Less Than Significant Impact During construction along Dover Drive, a temporary lane closure would be required, resulting in the potential for congestion, potential safety concerns for pedestrians near work areas, and the potential to restrict emergency access. However, the construction contractor will prepare a traffic control plan that is consistent with the conditions of the encroachment permits normally issued by the City. The traffic and pedestrian control measures in the traffic control plan will be coordinated with the City and would reduce any traffic impacts resulting from the project to less than significant levels. Further, project construction would not result in a permanent increase in traffic load or daily trips because installation of the proposed sidewalk would be temporary. b) Would the project exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact The project would add a relatively minimal amount of construction- related trips during the approximately 90 -day construction period. No individually or cumulatively significant level of service impacts would occur. c) Would the project result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The proposed project would not affect air traffic patterns. d) Would the project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact. The propose sidewalk project would not have any permanent effects on the Dover Drive roadway design, nor would it cause any permanent traffic/transportation hazards. 8387 47 Initial Study /Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project IrC e) Would the project result in inadequate emergency access? Less Than Significant Impact. A traffic control plan to be implemented during construction will provide vehicular and pedestrian traffic control measures along the project segment of Dover Drive. As such, the potential to affect emergency access will be less than significant. f) Would the project result in inadequate parking capacity? No Impact. The project does not propose changes to on- street parking capacity. If applicable, any issues related to on- street parking along the project segment of Dover Drive will be addressed in the City's traffic control plan, which will be prepared by the construction contractor in cooperation with the City Public Works Department. No environmental impact would result. g) Would the project conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact. Although project construction would require the temporary closure of one northbound traffic lane on Dover Drive, the project does not conflict with adopted transportation policies. No environmental impact would result. XVI. UTILITIES AND SERVICE SYSTEMS As indicated in the Alternatives Study (Van Dell 2005), the City and other local agencies responsible for utilities in the project vicinity were contacted for information on the location of their utilities. The study found that no storm drains, sewers, water lines or gas mains would be affected by project construction. However, all utility agencies will be notified as part of the final design scope of work. As determined necessary by the City Public Works Department, plans might be submitted for review by utility agencies to verify that existing improvements are shown correctly and, when appropriate, avoided during project construction. a) Would the project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. No treated wastewater would be discharged as a result of the proposed project. The project would not discharge water or wastewater into any existing wastewater treatment facility. Therefore, no environmental impacts would occur. b) Would the project require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The proposed project is the construction of a public sidewalk and no new construction of wastewater treatment facilities or expansion of such facilities would be required. No project- related impacts would result. 8387 May 2006 48 Initial Study/Mitigated Negative Declaration Dover Drive Sidewalk Project C) Would the project require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. Although the proposed sidewalk project would involve the relocation of several stormwater inlets in Dover Drive, the project would not require new stormwater facilities or the expansion of existing facilities. No environmental impacts would occur. d) Would the project have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact. The proposed sidewalk project would not require a long -term water source or a new or expanded water supply. No environmental impacts would occur. e) Would the project result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. The proposed project would not require connections or service by a recycled water treatment provider. As in b) above, no environmental imf acts would occur. J) Would the project be served by a lanatfrll with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Impact. A minimal amount of solid waste would be associated with construction. Any excess construction materials such as wood, concrete, asphalt, or metal would have a less than significant impact on landfill capacity in Orange County. g) Would the project comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Impact. A minimal amount of solid waste would be associated with construction. The project would comply with all municipal and State solid waste statutes and regulations and impacts would be less than significant. XVIL MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of file environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce file number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Titan Significant Impact. The project does not have the potential to degrade the quality of the environment and would not have a significant impact on any fish or wildlife or their habitat. The project area has been examined for historic and prehistoric significance and has not been found to contain important examples of major periods Resources). The project does not have of California history or prehistory. 8387 May 2006 of California history or prehistory (see section V — Cultural the potential to eliminate important examples of the major periods 49 Initial Study/M/tigated Negative Declaration Dover Drive Sidewalk Project UO b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable " means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects ofprobable future projects)? Less Than, Significant Impact Based on the proposed project's minimal quantitative contribution to traffic, air emissions and noise and its limited geographic extent, the previous sections of this environmental analysis support the determination that the proposed Dover Drive Sidewalk Project would not have impacts that are cumulatively considerable. C) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact The project would have short-term temporary construction impacts, which include traffic congestion/safety and noise concerns that would be alleviated by standard construction specifications and a traffic control plan. Through the application of City construction standards, the project would not have the potential to cause substantial adverse effects on human beings, either directly or indirectly. All short-term temporary construction impacts would be less than significant, or less than significant after mitigation. 8387 50 Initial Study /Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project u` SOURCES California Department of Conservation 1998a Division of Land Resources Protection, Farmland Mapping and Monitoring Program, 1998 Important Farmlands Map for Orange County. 1998b Division of Mines and Geology, Open File Report 97 -08, Seismic Hazard Evaluation of the Anaheim and Newport Beach 7.5- Minute Quadrangles, Orange County, California. 1994 Division of Mines and Geology, Fault Activity Map of California and Adjacent Areas, compiled by Charles W. Jennings. California Natural Diversity Data Base (CNDDB) 2005 USGS 7.5- minute quadrangle: Newport Beach City of Newport Beach 1994 Initial Study /Negative Declaration for Upper Castaways (TTM 15012). Geo- Environmental, Inc. 2004 Geotechnical Investigation Report, Proposed Dover Drive Improvements Between Cliff Drive and 16th Street, City of Newport Beach, California. Prepared for Van Dell and Associates, Inc. LSA Associates, Inc. 2001 Initial Study /Negative Declaration for the Castaways Park Revegetation Project. Prepared for the City of Newport Beach. RMW Paleo Associates 1997 Cultural Resources Investigation and Monitoring of Grading for the Upper Castaways View Park, Newport Beach, Orange County, California. Prepared for the City of Newport Beach. Van Dell and Associates, Inc. 2005 Dover Drive Sidewalk Project Alternatives Study. Prepared for the City of Newport Beach. 8387 51 initial Study /Mitigated Negative Declaration May 2006 Dover Drive Sidewalk Project Lf"