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HomeMy WebLinkAbout01 - Mitigattion Monitoring & Reporting Program - 060612GI0[ _ C O N S U L T I N O , MITIGATION MONITORING AND REPORTING PROGRAM NEWPORT BANNING RANCH PROJECT CITY OF NEWPORT BEACH STATE CLEARINGHOUSE NO. 2009031061 Prepared for City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Prepared by BonTerra Consulting 2 Executive Circle, Suite 175 Irvine, California 92614 T:(714)444 -9199 F:(714) 444 -9599 June 2012 Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH MITIGATION MONITORING AND REPORTING PROGRAM Date: CEQA Action: Certification of Final Environmental Impact Report Project Applicant: Banning Ranch LLC Project Location and Descriotion: The Newport Banning Ranch Project site (Project site) encompasses approximately 401.1 acres. Approximately 40 acres are located within the incorporated boundary of the City of Newport Beach (City); the remainder of the Project site is located within unincorporated Orange County, in the City's adopted Sphere of Influence, as approved by the Local Agency Formation Commission of Orange County (LAFCO). The entire site is within the boundary of the Coastal Zone, as established by the California Coastal Act (Coastal Act). The Project site is generally bound on the north by Talbert Nature Preserve /Regional Park in the City of Costa Mesa and residential development in the City of Newport Beach; on the south by West Coast Highway and residential development south of the highway in the City of Newport Beach; on the east by a mix of land uses including residential, light industrial, institutional, and office development in the Cities of Costa Mesa and Newport Beach; and on the west by the U.S. Army Corps of Engineers (USAGE)- restored salt marsh basin (a wetlands restoration area) and the Santa Ana River. The City of Huntington Beach is west of the Santa Ana River. At its nearest point, the Project site is less than 0.25 mile inland from the Pacific Ocean. The 401 -acre Project site is proposed for development with a maximum of 1,375 residential dwelling units (du); 75,000 square feet (sf) of commercial uses, and a 75 -room resort inn. Approximately 51.4 gross acres are proposed for active and passive park uses including a 26.8- gross -acre public Community Park. Approximately 252.3 gross acres (approximately 63 percent) of the 401 -acre site are proposed for natural resources protection in the form of open space. Of the 252.3 gross acres, approximately 16.5 gross acres would be used for the continued production of oil. Upon the future cessation of oil operations, these oil production sites would be abandoned and remediated, and restored as open space. The Project includes the development of a vehicular and a non - vehicular circulation system for automobiles, bicycles, and pedestrians, including a proposed pedestrian and bicycle bridge from the Project site across West Coast Highway to West Newport Park. Mitigation Monitoring and Reporting Program The California Environmental Quality Act (CEQA) requires that all public agencies establish monitoring and /or reporting procedures for mitigation measures (MMs) adopted as conditions of approval in order to mitigate or avoid significant project impacts. Specifically, Section 21081.6(a)(1) states: The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program The State CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring program must be designed to ensure compliance during project implementation. The City of Newport Beach is the lead agency for the Newport Banning Ranch Project and is therefore responsible for implementing the Mitigation Monitoring and Reporting Program (MMRP). The Mitigation Program is comprised of the Project Design Features (PDFs), Standard Conditions and Requirements (SCs), and Mitigation Measures (MMs), which serve to avoid, reduce, and /or fully mitigate potential environmental impacts. The Mitigation Program has been identified and recommended through preparation of the Draft EIR with additional mitigation measures and modified measures resulting from one of the following: (1) the City, a Responsible or Trustee Agency, or the Applicant, proposed an alternative or an additional method to mitigate an impact; or (2) additional or modified measures were added in response to public comments. These additional measures have been analyzed and would not create any additional significant impacts, but will lessen impacts anticipated to occur with implementation of the Project. The Mitigation Program has been drafted to meet the requirements of Public Resources Code Section 21081.6 as fully enforceable monitoring programs. The MMRP is comprised of the Mitigation Program and includes measures to implement and monitor the Mitigation Program. The MMRP defines the following for each PDF, SC, and MM: 1. Tmmeframe. In each case, a timeframe for performance of the PDF, SC, and mitigation measure (mitigation), or review of evidence that mitigation has taken place, is provided. The performance points selected are designed to ensure that impact - related components of Project implementation do not proceed without establishing that the mitigation is implemented or assured. All activities are subject to the approval of all required permits from local, State (including the California Coastal Commission), and federal agencies with permitting authority over the specific activity. 2. Responsible Party or Designated Representative. In each case, unless where otherwise indicated, the Applicant is the Responsible Party for implementing the mitigation. The City or a Designated Representative will also monitor the performance and implementation of the mitigation measures. To guarantee that the mitigation measure will not be inadvertently overlooked, a supervising public official acting as the Designated Representative is the official who grants the permit or authorization called for in the performance. Where more than one official is identified, permits or authorization from all officials shall be required. 3. Definition of Mitigation. In each case (except where a mitigation measure, such as a geotechnical report, is a well -known procedure or term of art), the mitigation measure contains the criteria for mitigation, either in the form of adherence to certain adopted regulations or identification of the steps to be taken in mitigation. The numbering system corresponds with the numbering system used in the Final EIR. The last column of the MMRP table will be used by the parties responsible for documenting when implementation of the PDF, SC, and /or MM has been completed. The ongoing documentation and monitoring of mitigation compliance will be completed by the City of Newport Beach. The completed MMRP and supplemental documents will be kept on file at the City of Newport Beach Community Development Department. 2 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH MITIGATION MONITORING AND REPORTING PROGRAM Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Land Use and Related Planning Programs As identified in Master Development PDF 4.1 -1 Through the implementation of the Master Development Public Works Director and Plan Plan, the Project permits a maximum of 1,375 residential dwelling Community Development units and a variety of residential housing types to provide Director opportunities for a range of lifestyles. Housing types include single - family detached, single - family attached, multi - family, and /or residential uses in a mixed -use configuration. As identified in Master Development PDF 4.1 -2 The Master Development Plan designates areas for a Public Works Director and Plan and Tentative Tract Map No. diverse public park system to include active, passive, and Community Development 17308 interpretive recreation opportunities. Director Tentative Tract Map Conditions of Approval Annual Development Agreement PDF 4.1 -3 The Master Development Plan designates more than Community Development review 240 gross acres of the Project site as Open Space, including Director As identified in Master Development wetland restoration /water quality areas, interpretive trails, habitat Plan and Tentative Tract Map No. restoration areas, and habitat preservation areas. Open Space 17308 areas also include 2 sites and a connecting road comprising approximately 17 acres designated for continuing but interim use as Tentative Tract Map Conditions of oil and gas production sites. At the end of the oilfield's useful life, Approval this area will revert to Open Space land use. Annual Development Agreement PDF 4.1-4 The Master Development Plan provides for a minimum Recreation and Senior review of 20 gross (17 net) acres for a public Bluff Park as a visual and Services Director; Community As identified in Master Development passive recreational amenity, trail corridor, and a transition between Development Director Plan and Tentative Tract Map No. open space and development. 18308 Tentative Tract Map Conditions of Approval Application for Site Development Review for development of land uses within the Residential Districts; Visitor - Serving Resort and Residential District; Mixed -Use and Residential District; and the Parks and Recreation District Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials As identified in Master Development PDF 4.1 -5 The Master Development Plan and the Newport Banning Community Development Plan Ranch Planned Community Development Plan identify proposed Director Tentative Tract Map Conditions of uses adjacent to existing Newport Beach and Costa Mesa Approval residential neighborhoods which are limited to either parks or open Application for Site Development space. Proposed uses adjacent to existing commercial and light "Mesa industrial areas within the City of Costa Mesa West Bluffs Review for development of land Urban Plan" overlay area will be a higher density residential and /or uses within Mixed -Use and mixed -use development of similar height and scale to those Residential District and the Parks prescribed in the "Mesa West Bluffs Urban Plan ". Open space and Recreation District and /or park uses will be sited adjacent to the Newport Crest community to provide a visual buffer between that community and Project development areas. As identified on Tentative Tract Map SC 4.1.1 Approval of the Newport Banning Ranch Project would Community Development No. 17308 and any subsequent require Project implementation and all future approvals to be Director tentative subdivision maps for subject to all applicable provisions of the Newport Beach General development purposes Plan; Newport Banning Ranch Planned Community Development As identified as a condition of Final Plan; all requirements and enactments of federal, State, and local Map Approval agency authorities; as well as the requirements of any other Application for Site Development governmental entities. All such requirements and enactments will, by reference, become conditions of Project approval. Review for development of land uses within the Residential Districts; Visitor - Serving Resort and Residential District; Mixed -Use and Residential District; and the Parks and Recreation District Aesthetics and Visual Resources Application for Site Development PDF 4.2 -1 As identified in the Master Development Plan, contour Community Development Review for development of land grading will be used to minimize impacts to existing public view Director uses within the Residential Districts; points from West Coast Highway. Visitor - Serving Resort and Residential District; Mixed -Use and Residential District; and the Parks and Recreation District Review of grading permit application Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Application for Site Development PDF 4.2 -2 Habitable structures will be set back at least 60 feet from Community Development Review for development of land the tops of bluff edges, as required in the Newport Banning Ranch Director uses within the Residential Districts Planned Community Development Plan. Visitor- Serving Resort and Residential District; and the Parks and Recreation District Application for Site Development PDF 4.23 Implemented through the Master Development Plan, Community Development Review for development of land landscaping will be provided around the perimeter of buildings that Director uses within the Residential Districts; are proposed adjacent to Open Space Preserve areas to provide a Visitor- Serving Resort and transition. Residential District; Mixed -Use and Residential District; and the Parks and Recreation District Application for Site Development PDF 4.2.4 Architectural guidelines included in the Master Community Development Review for development of land Development Plan provide for a range of housing types and Director uses within the Residential Districts; architectural styles to avoid visual monotony and minimize impacts Visitor - Serving Resort and to existing public views of bluffs. Building architecture will be Residential District; Mixed -Use and regulated through provisions contained in the Master Development Residential District; and the Parks Plan to ensure high quality designs that are sensitive to the natural and Recreation District resources and compatible with the character of Newport Beach communities within the Coastal Zone. Architectural guidelines require use of a palette of earth tone colors compatible with the open space setting. Conditions of approval of Tentative PDF 4.6-4 The Master Development Plan requires that street lights Public Works Director; Tract Map No. 17308 and any be utilized only in key intersections and safety areas. The Planned Community Development subsequent tentative subdivision Community Development Plan requires that a "dark sky' lighting Director maps for development purposes concept be implemented within areas of the Project that adjoin Conditions of approval of Site habitat areas. Light fixtures within these areas will be designed for Development Permits "dark sky' applications and adjusted to direct/reflect light downward As part of approved Improvement and away from adjacent habitat areas. The Newport Banning Ranch Plans Planned Community Development Plan will restrict exterior house lighting to minimize light spillage into adjacent habitat areas. As part of building permits As part of Project CCBRs Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Conditions of approval of Tentative MM 4.2 -1 All public roadways and private development within the Public Works Director; Tract Map No. 17308 and any Village and Colonies, South and North Bluff Park, Interpretive Community Development subsequent tentative subdivision Parks, and Oil Consolidation sites shall have their "dark sky" lighting Director maps for development purposes system and its components incorporated into the Project and Lighting Plan as part of application approved by the City of Newport Beach Community Development for Site Development Review for Director or his /her designated representative prior to the issuance of development of land uses within the a building permit for the applicable Village, Colony, Bluff Park, and Residential Districts; Visitor - Serving Nature Center on the Project site. Each lighting plan shall Resort and Residential District; incorporate electrical plans and structural plans that detail the Mixed -Use and Residential District; provision of lighting systems for exteriors of all buildings, parking and the Parks and Recreation lots, loading areas, walkways, public use areas, any public art District displays, fountains, or landscape areas. Lighting within the Prior to the issuance of building development shall be directed and shielded so that light is directed away from the Open Space Preserve, including habitat areas. permits Floodlamp shielding and /or sodium bulbs shall be used in Final inspection prior to issuance of developed areas to reduce the amount of stray lighting into native certificates of occupancy restoration and preservation areas. No skyward- casting lighting shall be used. Final lighting orientation and design shall be in accordance with the "dark sky" lighting standards as defined by the Illuminating Engineering Society of North America IIESNA) and shall reduce the impacts of new light sources to the extent feasible as determined by the Community Development Director or his /her designated representative. Prior to final inspection or issuance of a certificate of occupancy, where applicable, the City shall cause to be performed a photometric field inspection of the approved lighting system for the Project. The inspection shall verify the proper construction and installation of materials within the approved plan; determine the actual light patterns and values through light meter testing and observation; and determine the extent of any errant lighting. Deviations and /or violations shall be corrected prior to the final clearance for the Project. Lighting Plan as a part of MM 4.2 -2 The lighting plan for the Community Park shall Recreation and Senior Community Park improvement incorporate electrical plans and structural plans that detail the Services Director; Public plans provision of lighting systems for sports field and hard courts; Works Director; Community Testing: Prior to final inspection exteriors of buildings; parking lots, walkways, and /or landscape Development Director areas. All lighting within the development shall be directed and shielded so that light is directed away from the Open Space Preserve, including habitat areas. Floodlamp shielding and /or sodium bulbs shall be used in developed areas to reduce the Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials amount of stray lighting into native restoration and preservation areas. Furthermore, no skyward- casting lighting shall be used. The lowest intensity lighting shall be used that is appropriate to the intended use of the lighting. Light standards used for lighting playing fields shall be either Musco Lighting' , "Light Structure Green" standards, or another comparable light standard of similar design that reduces light spillage. Final lighting orientation and design shall be in accordance with the "dark sky" lighting standards as defined by the Illuminating Engineering Society of North America IIESNA) and shall reduce the impacts of new light sources to the extent feasible, as determined by the Community Development Director. Prior to final inspection, the City shall cause to be performed a photometric field inspection of the approved lighting system for the Community Park. The inspection shall verify the proper construction and installation of materials within the approved plan; shall determine the actual light patterns and values through light meter testing and observation; and shall determine the extent of any errant lighting. Deviations and /or violations shall be corrected prior to the final clearance for the Community Park. Geology and Soils Application for Site Development PDF 4.3 -1 Habitable structures will be set back a minimum of 60 Community Development Review for development of land feet from the tops of bluff edges, as required in the Master Director uses within the Residential Districts; Development Plan and the Newport Banning Ranch Planned Visitor - Serving Resort and Community Development Plan, and will not be constructed within Residential District; and the Parks identified fault setback zones. and Recreation District As identified in Master Development PDF 4.3 -2 The Master Development Plan identifies drainage Community Development Plan and Tentative Tract Map No. devices to be constructed along slopes adjacent to the development Director; Public Works 17308 edge to eliminate existing surface flow over bluffs to the extent Director As part of applications for Site feasible. Landscape and irrigation plans will be designed to Development Review for minimize irrigation near natural areas /slopes through the use of development of land uses within the drought - tolerant vegetation and low -flow irrigation. Residential Districts; Visitor- Serving Resort and Residential District; and the Parks and Recreation District As identified on applications for subsequent tentative subdivision M aps for development purposes Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Conditions of approval of Tentative PDF 4.3 -3 The Master Development Plan includes a Bluff /Slope Public Works Director; Tract Map 17308 and any Restoration Plan that requires eroded portions of bluff slopes to be Community Development subsequent tentative subdivision repaired and stabilized. In order to stabilize slopes and help avoid Director maps for development purposes erosion, bluff areas devoid of vegetation after repair and As part of grading permits for stabilization efforts will be planted with native vegetation that does restoration or remediation grading not require permanent irrigation. in the Open Space District and as part of grading permits for development in the Parks and Recreation District Prior to the issuance of grading SC 4.3 -1 Prior to the issuance of any grading permits, the City of Community Development permits Newport Beach Community Development Department, Building Department Building Division Identified in approved grading and Division Manager or his /her designee shall review the grading plan Manager construction plans for conformance with the grading shown on the approved tentative map. The grading plans shall be accompanied by geological and soils engineering reports and shall incorporate all information as required by the City. Grading plans shall indicate all areas of grading, including remedial grading, and shall extend to the limits outside of the boundaries of an immediate area of development as required by the City. Grading shall be permitted within all Land Use Districts and outside of an area of immediate development, as approved by the City, for the grading of public roads, highways, park facilities, infrastructure, and other development - related improvements. Remedial grading for development shall be permitted in all Land Use Districts and outside of an immediate development area, as approved by the City, to adequately address geotechnical or soils conditions. Grading plans shall provide for temporary erosion control on all graded sites scheduled to remain unimproved for more than 30 days. If the Applicant submits a grading plan that deviates from the grading shown on the approved tentative map (specifically with regard to slope heights, slope ratios, pad elevations or configurations), as determined by the Building Manager, s /he shall review the plan for a finding of substantial conformance. If the Building Manager finds the plan not to be in substantial conformance, the Applicant shall process a revised tentative map or, if a final map has been recorded, the Applicant shall process a new tentative map. A determination of CEQA compliance shall also be required. Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Prior to the recordation of a SC 4.3 -2 Prior to the recordation of a subdivision map or prior to the Community Development subdivision map or prior to the issuance of any grading permit, whichever comes first, and if Department Building Division issuance of grading permits determined necessary by the City of Newport Beach Community Manager, or designated Development Department, Building Division Manager, the Applicant representative shall record a Letter of Consent from any affected property owners permitting off -site grading, cross lot drainage, drainage diversions, and /or unnatural concentrations. This process will ensure that construction activities requiring encroachment permits or having temporary effects on adjacent parcels are properly noticed and coordinated. Application for Site Development MM 4.3 -1 The Applicant shall submit to the City of Newport Beach Community Development Review for development of land Community Development Department, Building Division Manager or Department Building Division uses within the Residential Districts; his /her designee for review and approval, a site - specific, design- Manager Visitor - Serving Resort and level geotechnical investigation prepared for each development Registered Geotechnical Residential District; Mixed -Use and parcel by a registered geotechnical engineer. The investigation shall Engineer designated by the Residential District; and the Parks comply with all applicable State and local code requirements and: Community Development and Recreation District a) Include an analysis of the expected ground motions at the Department Building Manager As part of applications for grading site from known active faults using accepted methodologies; and building permits b) Determine structural design requirements as prescribed by the most current version of the California Building Code, including applicable City amendments, to ensure that structures can withstand ground accelerations expected from known active faults; and c) Determine the final design parameters for walls, foundations, foundation slabs, utilities, roadways, parking lots, sidewalks, and other surrounding related improvements. Project plans for foundation design, earthwork, and site preparation shall incorporate all of the mitigations in the site - specific investigations. The structural engineer shall review the site - specific investigations, provide any additional necessary measures to meet Building Code requirements, and incorporate all applicable recommendations from the investigation in the structural design plans and shall ensure that all structural plans for the Project meet current Building Code requirements. The City's registered geotechnical engineer or third -party registered engineer retained to review the geotechnical reports shall review each site - specific geotechnical investigation, approve the final report, and require compliance with all geotechnical requirements Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 10 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials contained in the investigation in the plans submitted for the grading, foundation, structural, infrastructure and all other relevant construction permits. The City shall review all Project plans for grading, foundations, structural, infrastructure, and all other relevant construction permits to ensure compliance with the applicable geotechnical investigation and other applicable Code requirements. Prior to the approval of a final tract MM 4.3 -2 Prior to the approval of any applicable final tract map, the Community Development map for development purposes Applicant shall have completed, by a qualified geologist, additional Director; Public Works geotechnical trenching and field investigations and shall provide a Director supplemental geotechnical report to confirm the adequacy of qualified Geologist Project development fault setback limits in accordance with the designated by the Public mandates of the Alquist - Priolo Earthquake Fault Zoning Act. The Works Director trenching and report shall be subject to the review and approval of the City of Newport Beach Public Works Director. Prior to approval of a Site MM 4.3 -3 Prior to the approval of any applicable final tract map, Public Works Director; Development Review and issuance development setbacks from the Upland fault segments, revised as Community Development of building permits necessary based upon the findings of additional trenching Director investigations, shall be incorporated into the Project consistent with requirements set forth in the California Building Code and the City of Newport Beach General Plan. Bluff setbacks consistent with the regulatory requirements for habitable structures shall be incorporated into the Project consistent with the beach bluff setback standards in the City of Newport Beach General Plan. Where applicable, setback distances consistent with recommendations in the Project's Geotechnical Report (GMU 2010) shall be incorporated. Prior to the preparation of final Project plans and specifications, additional trenching shall be conducted within the 1,300 -foot gap between the 2 parts of the existing Fault Setback Zone. This additional trenching shall provide more information about the potential for active faulting in this portion of the Project site. If necessary, the development fault setback zones shall be modified after this information is obtained and analyzed in accordance with the mandates of the Alquist- Priolo Earthquake Fault Zoning Act. This information shall be subject to the review and approval of the City of Newport Beach Public Works Director and Community Development Director. 10 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 11 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Hydrology and Water Quality Timing of construction as part of PDF 4.4 -1 The Master Development Plan requires that two water Municipal Operations Director; conditions of approval for Tentative quality basins (one in the Community Park and one in the Open Public Works Director;. Tract Map No.17308 Space Preserve) be constructed to treat off -site urban runoff from Community Development As part of Community Park Costa Mesa and Newport Beach and Project runoff that drains into Director Improvement Plans the Lowland area. As part of grading permits for open space Timing of construction as part of PDF 4.4 -2 The Master Development Plan includes a water quality Municipal Operations Director; conditions of Approval for Tentative basin and a diffuser basin located within the Open Space Preserve Public Works Director; Tract Map No.17308 to provide for storm water control, energy dissipation, and natural Community Development As part of grading permit for open water quality treatment. Director space Conditions of approval of Tentative PDF 4.4 -3 The Master Development Plan requires that public Public Works Director, Tract Map No.17308 arterials and some selected collector roadways within the Project Community Development As part of subdivision improvement site be designed with "Green Street' and other Low Impact Director plans Development (LID) features, such as bioswales and bio- cells. Green Streets are designed to incorporate sustainable design elements such as narrower pavement widths, canopy street trees, traffic- calming features, and minimal use of street lighting. Landscaping along the street edges will be selectively used to treat storm water runoff from the streets and adjacent development areas. Conditions of approval of Tentative PDF 4.4-4 The Master Development Plan requires that arroyos be Public Works Director; Tract Map No.17308 consistent with planted with native riparian vegetation as part of the restoration Community Development the approved Habitat Restoration effort to minimize potential erosion and to enhance the water- Director Plan cleansing function. Qualified Biologist designated by the Community Development Director 11 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 12 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Conditions of approval of Tentative PDF 4.4 -5 The Master Development Plan requires development of a Public Works Director; Tract Map No. 17308 consistent drainage plan to ensure that runoff systems from the Project site to Community Development with the Habitat Restoration Plan West Coast Highway and the Semeniuk Slough will be stabilized Director Application for Site Development and maintained through the Project's drainage system. Review for development of land uses within the Residential Districts; Visitor- Serving Resort and Residential District; Mixed -Use and Residential District; and the Parks and Recreation District As part of subdivision improvement plans Conditions of approval of Tentative PDF 4.4 -6 The Master Development Plan requires the use of best Municipal Operations Director; Tract Map No. 17308 and management practices (BMPs) for erosion control, sediment control, Public Works Director; subsequent subdivision maps for wind erosion control, storm water and non -storm water Community Development development purposes management, and waste management/pollution control. These Director Submittal of approved Project -level BMPs will be implemented to ensure that potential effects on local Water Quality Management Plan site hydrology, runoff, and water quality remain in compliance with and Storm Water Pollution all required permits, City policies, and the Project's Water Quality Prevention Plan with application for Management Plan (WQMP), and Storm Water Pollution Prevention Site Development Review for Plan (SWPPP). development of land uses within the Residential Districts; Visitor - Serving Resort and Residential District; Mixed -Use and Residential District; and the Parks and Recreation District As part of Community Park improvement plan As part of subdivision improvement plans 12 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 13 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Condition of approval of Site SC 4.4 -1 All landscape materials and irrigation systems shall be Public Works Director; Development Review for maintained in accordance with the approved Landscape Plan. All Community Development development of land uses within the landscaped areas shall be kept in a healthy and growing condition Director Residential Districts; Visitor- Serving and shall receive regular maintenance. All landscaped areas shall Resort and Residential District; be kept free of weeds and debris. All irrigation systems shall be kept Mixed -Use and Residential District; operable, including adjustments, replacements, repairs, and and the Parks and Recreation cleaning as part of regular maintenance. District As part of building permits City maintenance responsibility for Community Park Ongoing SC 4.4 -2 The development shall be kept free of litter and graffiti. Community Development The owner or operator shall provide for removal of trash, litter Director debris, and graffiti from the premises and on all abutting sidewalks. Prior to the issuance of grading SC 4.4 -3 Prior to the issuance of grading permits, an SWPPP and Public Works Director; permits Notice of Intent (NOI) to comply with the General Permit for Community Development Construction Activities shall be prepared, submitted to the State Director Water Resources Control Board (SWRCB), and made part of the State Water Resources construction program. This SWPPP shall detail measures and practices that would be in effect during construction to minimize the Control Board (SWRCB) Project's impact on water quality and storm water runoff volumes. Prior to the issuance of grading SC 4.4-4 Prior to issuance of grading permits, the Project Applicant Community Development permits shall prepare and submit a Water Quality Management Plan Director; Water Quality (WQMP) for the project, subject to the approval of the Community Enforcement Division Development Department, Building Division and Code and Water Quality Enforcement Division. The WQMP shall include appropriate BMPs to ensure project runoff is adequately treated. As a part of grading and building SC 4.4 -5 Prior to issuance of grading permits a list of "good Public Works Director; permits housekeeping' practices, consistent with the approved Water Community Development Quality Management Plan, shall be submitted by the contractor for Director incorporation into the long -term post - construction operation of the site to minimize the likelihood that pollutants would be used, stored, or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The WQMP shall list and describe all structural and non- structural 13 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 14 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials BMPs. In addition the WQMP must also identify the entity responsible for the long term inspection, maintenance, and funding for all structural (and if applicable treatment - control) BMPs. Hazards and Hazardous Materials Prior to the issuance of grading PDF 4.4 -6 The Master Development Plan requires the use of best Public Works Director; permits management practices (BMPs) for erosion control, sediment Community Development As a part of grading and control, wind erosion control, storm water and non -storm water Director construction permits management, and waste management/pollution control. These State Water Resources BMPs will be implemented to ensure that potential effects on local. Control Board (SWRCB) site hydrology, runoff, and water quality remain in compliance with all required permits, City policies, and the Project's Water Quality Management Plan (WQMP), and Storm Water Pollution Prevention Plan (SWPPP). Condition of approval of Tentative PDF 4.5 -1 The Master Development Plan requires existing oil Community Development Tract Map No. 17308 and operations to be consolidated into two areas within the Open Space Director subsequent subdivision maps for Preserve designated as "Interim Oil Facilities', in accordance with development purposes the land use districts established for the Project site in the Newport Prior to issuance of precise grading Banning Ranch Planned Community Development Plan, totaling permits for development and approximately 17 acres including the service access road. This use building permits for Residential will ultimately revert to an Open Space land use at the end of the Districts, Visitor Serving oilfeld's useful life. Resort/Residential District, Public Parks /Recreation District, Mixed Use /Residential District Annual Development Agreement review Prior to issuance of demolition SC 4.5 -1 Prior to demolition, testing for all structures for presence Community Development permit of lead -based paint (LBP) and /or asbestos - containing materials Director Verification: prior to the issuance of (ACMs) shall be completed. The Asbestos - Abatement Contractor South Coast Air Quality the first grading permit shall comply with notification and asbestos - removal procedures Management District outlined in the South Coast Air Quality Management District's (SCAQMD), as applicable (SCAQMD's) Rule 1403 to reduce asbestos - related air quality health risks. SCAQMD Rule 1403 applies to any demolition or renovation activity and the associated disturbance of ACMs. This requirement shall be included on the contractors' specifications and verified by the Director of Community Development. All demolition activities that may expose construction workers 14 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 15 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials and /or the public to ACMs and /or LBP shall be conducted in accordance with applicable regulations, including, but not limited to Title 40 of the Code of Federal Regulations (CFR), Subchapter R (Toxic Substances Control Act); CalOSHA regulations (Title 8 of the California Code of Regulations §1529 [Asbestos] and §1532.1 [Lead]); and SCAQMD Rule 1403 (Asbestos Emissions from Demolition /Renovation Activities). The requirement to adhere to all applicable regulations shall be included in the contractor specifications, and such inclusion shall be verified by the Director of Community Development prior to issuance of the first grading permit. Prior to issuance of grading permit SC 4.5 -2 Prior to issuance of grading permits, the Applicant shall Public Works Director; submit documentation in a form and of a content determined by the Community Development Director of Community Development that any hazardous Director contaminated soils or other hazardous materials removed from the Licensed Hazardous Waste project site shall be transported only by a Licensed Hazardous Hauler approved by the Waste Hauler to approved hazardous materials disposal site, who Community Development shall be in compliance with all applicable State and federal Director requirements, including the U.S. Department of Transportation regulations under 49 CFR (Hazardous Materials Transportation Act), California Department of Transportation (Caltrans) standards, Occupational Safety and Health Administration (OSHA) standards, and under 40 CFR 263 (Subtitle C of Resource Conservation and Recovery Act). The Director of Community Development shall verify that only Licensed Haulers who are operating in compliance with regulatory requirements are used to haul hazardous materials. Submittal of approved final MM 4.5 -1 A comprehensive final Remedial Action Plan (final RAP) Community Development Remedial Action Plan prior to shall be submitted to and approved by the Orange County Health Director issuance of demolition or grading Care Agency ( OCHCA) and the Regional Water Quality Control Orange County Health Care permit whichever is first Board (RWQCB) and initiated for the oilfield clean -up and Agency ( OCHCA) Provide documentation of final remediation prior to the issuance of the first City- issued permit that California Department of abandonment approval from the would allow for site disturbance related to oil remediation activities. Conservation, Division of Oil, DOGGR prior to issuance of the The Applicant shall follow the protocol for the OCHCA Industrial Gas, and Geothermal first certificate of occupancy Cleanup Program to develop the site - specific final RAP. The final Resources ( DOGGR) RAP shall use the draft Remedial Action Plan (dRAP) and the Ongoing monitoring by DOGGR, existing clean -up levels that have been in effect since 2001 as the Regional Water Quality Ongoi OCHCA, and RWQCB basis of the final RAP consistent with OCHCA requirements. The Control Board (RWQCB) final RAP shall (1) incorporate the remediation methods to be employed that are described in the dRAP; (2) propose the clean -up 15 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 16 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials criteria for specific areas of the Project site depending upon the land uses for those areas; and (3) provide additional details such as the location of on -site areas for bioremediation. The final RAP shall also require compliance with Orange County Fire Authority Guideline C -03 Combustible Soil Gas Hazard Mitigation. The clean up criteria shall be approved by the OCHCA as a part of final RAP subject to the review and approval of the RWQCB. The final RAP shall describe the means by which those clean -up standards shall be met per the remediation methods described in the dRAP. Methods described in the dRAP include the use of natural bio- remediation of soils on site; reuse and recycling of treated soils where and when feasible; and removal and recycling of materials such as concrete, gravel, and asphalt -like road materials. Oil and gas wells to be abandoned or re- abandoned shall be done so in accordance with the current requirements of the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources ( DOGGR). Documentation of final abandonment approval from the DOGGR shall be provided to the Orange County Fire Authority and the City of Newport Beach Community Development Department, Building Division, before issuance of the first certificate of occupancy. Biological Resources As identified on the Master PDF 4.6 -1 The Master Development Plan designates a minimum of Community Development Development Plan and Tentative 220 gross acres of the Project site as wetland restoration /water Director Tract No. 17308 quality areas, habitat conservation, and restoration mitigation areas. Conditions of approval of Tentative Tract Map No. 17308 Annual Development Agreement review 16 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 17 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials As identified in Master Development PDF 4.6 -2 The Master Development Plan includes a Habitat HRP Approval and Monitoring: Plan Restoration Plan (HRP) for the Habitat Areas. The HRP includes Community Development Conditions of approval of Tentative provisions for the preservation and long -term maintenance of Director Tract Map No. 17308 existing sensitive habitat and habitat created and restored by the U.S. Army Corps of Engineers Project. (USAGE) U.S. Fish and Wildlife Service (USFWS) California Department of Fish and Game (CDFG) California Coastal Commission (CCC) Regional Water Quality Control Board (RWQCB) Qualified Biologists Conditions of approval of Tentative PDF 4.6 -3 As identified in the Master Development Plan, the Habitat HRP and Permit Condition Tract Map No. 17308 Areas to be restored as project design features will be subject to the Monitoring: same five -year Maintenance and Monitoring Program implemented Community Development for areas restored as mitigation. Standard Vegetation Monitoring Director U.S. Army Corps of Procedures are outlined in the Biological Technical Report prepared Engineers ( USACE) for the EIR and will be implemented consistent with applicable regulatory requirements. U.S. Fish and Wildlife Service (USFWS) California Department of Fish and Game (CDFG) California Coastal Commission (CCC) Regional Water Quality Control Board (RWQCB) Qualified Biologist designated by the Community Development Director 17 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 18 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Conditions of approval of Tentative PDF 4.6-4 The Master Development Plan requires that street lights Public Works Director; Tract Map No. 17308 and any be utilized only in key intersections and safety areas. The Planned Community Development subsequent tentative subdivision Community Development Plan requires that a "dark sky" lighting Director; Community maps for development purposes concept be implemented within areas of the Project that adjoin Development Department Lighting Plan as part of an habitat areas. Light fixtures within these areas will be designed for Building Division Manager, or application for Site Development "dark sky" applications and adjusted to direct/reflect light downward designated representatives Review for development of land and away from adjacent habitat areas. The Newport Banning Ranch uses within the Residential Districts; Planned Community Development Plan will restrict exterior house Visitor - Serving Resort and lighting to minimize light spillage into adjacent habitat areas. Residential District; Mixed -Use and Residential District; and the Parks and Recreation District Lighting Plan as part of Community Park improvement plans As part of building permits Final inspection prior to issuance of certificates of occupancy MM 4.6 -1 Coastal Sage Scrub Habitat Preservation and Restoration. Permanent impacts on coastal sage scrub vegetation (including disturbed southern coastal bluff scrub) (12.32 acres) shall be mitigated at a 3:1 ratio (36.96 acres) on the Project site or off site (nearby) through the restoration of southern coastal bluff scrub and California sagebrush scrub. Permanent impacts on disturbed coastal sage scrub vegetation (excluding disturbed southern coastal bluff scrub) (8.21 acres) shall be mitigated at a 1:1 ratio (8.21 acres) elsewhere on the Project site or off site. In addition, temporary impacts (2.58 acres) to coastal sage scrub and disturbed coastal sage scrub vegetation types shall be mitigated by revegetation with locally occurring native coastal sage scrub species following remediation at a 1:1 ratio. The required restoration is summarized in Table A. In addition to restoration, the Project shall preserve 35.16 acres of coastal sage scrub on site. Coastal sage scrub restoration and preservation on site would total 82.91 acres. 18 Planning Commission Draft Timing Mitigation and restoration plan approval by regulatory agencies: Prior to issuance of first grading permit or demolition permit whichever is first Identify in approved grading and construction plans Initiate restoration activities: Within one year of first permit/approval for ground- disturbing activities Implement during grading and construction Monitoring and maintenance for 5 years or as determined by the regulatory agencies NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Project Design Features /Conditions of Approval/ Mitigation Measures TABLE A REQUIRED COASTAL SAGE SCRUB RESTORATION The Applicant shall be required to plan, implement, monitor, and maintain a coastal sage scrub revegetation program for the Project consistent with the most current technical standards /knowledge regarding coastal sage scrub restoration. Prior to issuance of the first permit that would allow for site disturbance (e.g., grading permit), a detailed restoration program shall be prepared by a qualified Biologist and approved by the City of Newport Beach (City) and the resource agencies (i.e., the U.S. Fish and Wildlife Service [USFWS] and the California Coastal Commission). The program shall include, at a minimum, the items listed below. 1. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, specialists, and maintenance personnel that would supervise and implement the plan shall be specified. 2. Site selection. The mitigation site shall be determined in coordination with the City and the resource agencies. The Newport Banning Ranch Mitigation Monitoring and Reporting Program Responsible for Approval /Monitoring/ Implementation Community Development Director; Community Development Director Qualified Biologist designated by the Community Development Director Habitat Restoration Specialist U.S. Fish and Wildlife Service (USFWS) California Coastal Commission (CCC) Date I Initials 19 Planning Commission Draft Restoration Impact Ratio Required (Acres) Required (Acres) Permanent Impact Coastal Sage Scrub (including disturbed southern coastal bluff 12.32 3:1 36.96 scrub) Disturbed Coastal Sage Scrub (excluding disturbed southern 8.21 1:1 8.21 coastal bluff scrub) Temporary Impact Coastal Sage Scrub (including disturbed southern coastal bluff 1.92 1:1 1.92 scrub) Disturbed Coastal Sage Scrub (excluding disturbed southern 0.66 1:1 0.66 coastal bluff scrub) Total 23.11 47.75 The Applicant shall be required to plan, implement, monitor, and maintain a coastal sage scrub revegetation program for the Project consistent with the most current technical standards /knowledge regarding coastal sage scrub restoration. Prior to issuance of the first permit that would allow for site disturbance (e.g., grading permit), a detailed restoration program shall be prepared by a qualified Biologist and approved by the City of Newport Beach (City) and the resource agencies (i.e., the U.S. Fish and Wildlife Service [USFWS] and the California Coastal Commission). The program shall include, at a minimum, the items listed below. 1. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, specialists, and maintenance personnel that would supervise and implement the plan shall be specified. 2. Site selection. The mitigation site shall be determined in coordination with the City and the resource agencies. The Newport Banning Ranch Mitigation Monitoring and Reporting Program Responsible for Approval /Monitoring/ Implementation Community Development Director; Community Development Director Qualified Biologist designated by the Community Development Director Habitat Restoration Specialist U.S. Fish and Wildlife Service (USFWS) California Coastal Commission (CCC) Date I Initials 19 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 20 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials site shall either be located on the Project site in a dedicated open space area or land shall be purchased /obtained immediately off site. Selected sites shall not result in the removal of a biologically valuable resource (i.e., native grassland). 3. Site preparation and planting implementation. Site preparation shall include (a) protection of existing native species; (b) trash and weed removal; (c) native species salvage and reuse (i.e., duff); (d) soil treatments (i.e., imprinting, decompacting); (e) temporary irrigation installation; (f) erosion - control measures (i.e., rice or willow wattles); (g) seed mix application; and (h) container species planting. Locally occurring native plants and seeds shall be used and shall include species present on site, in adjacent areas, and uncommon species known to occur on site such as California box -thorn and woolly seablite. 4. Schedule. A schedule shall be developed that includes planting to occur in late fall and early winter (i.e., between October 1 and January 30). 5. Maintenance plan/guidelines. The maintenance plan shall include (a) weed control; (b) herbivory control; (c) trash removal; (d) irrigation system maintenance; (e) maintenance training; and (f) replacement planting. The maintenance plan shall also include biological monitoring during maintenance activities if they occur during the gnatcatcher breeding season (February 15 to July 15). 6. Monitoring plan. The coastal sage scrub monitoring plan shall include (a) qualitative monitoring (i.e., photographs and general observations); (b) quantitative monitoring (i.e., randomly placed transacts, wildlife monitoring); (c) performance criteria as approved by the resource agencies; (d) monthly reports for the first year and reports every other month thereafter; and (e) annual reports for five years, which shall be submitted to the resource agencies. The site shall be monitored and maintained for five years to ensure successful sage scrub habitat establishment within the restored and created areas. 20 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 21 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials 7. Long -term preservation. Long -term preservation of the site shall also be outlined in the conceptual mitigation plan to ensure the mitigation site is not impacted by future development. The Applicant shall begin coastal sage scrub restoration activities (e.g., soil prep, seeding) no later than one year after issuance of the first permit that allows for ground disturbance (e.g., grading permit). The Applicant shall be fully responsible for implementing the coastal sage scrub revegetation program until the restoration areas have met the success criteria outlined in the program. The City and the resource agencies (i.e., the USFWS and the California Coastal Commission) shall have final authority over mitigation area sign -off). The Natural Communities Conservation Plan /Habitat Conservation Plan (NCCP /HCP) program does not authorize Incidental Take resulting from the conversion of habitat occupied by coastal California gnatcatchers in Existing Use Areas. Therefore, the Applicant has elected to seek a Take Authorization through Section 7 of the FESA. Prior to issuance of the first permit that would allow for site disturbance (e.g., grading permit), the Applicant shall provide, a Biological Opinion issued from the U.S. Fish and Wildlife Service (USFWS) to the City that authorizes the removal of coastal sage scrub (i.e., coastal California gnatcatcher habitat). It is anticipated that the USFWS Biological Opinion will contain conservation recommendations to avoid or reduce the Project impact. Although any additional conservation measures identified by the USFWS shall be enforced, at a minimum, the Construction Minimization Measures listed below also shall be followed. 1. Prior to the commencement of clearing operations or other activities involving significant soil disturbance, all areas of coastal sage scrub habitat to be avoided shall be identified with temporary fencing or other markers that are clearly visible to construction personnel. 2. A USFWS- approved Biological Monitor shall be on site during any clearing of coastal sage scrub. The Applicant shall advise the USFWS at least 7 calendar days —but preferably 14 calendar days —prior to the clearing of coastal sage scrub. The Biological Monitor shall flush avian or other mobile species from habitat areas immediately prior to 21 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 22 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials brush - clearing and earth- moving activities. It shall be the responsibility of the Monitoring Biologist to ensure that identified bird species are not directly impacted by brush - clearing and earth- moving equipment in a manner that also allows for construction activities to continue on a timely basis. 3. Following the completion of initial clearing activities, all areas of coastal sage scrub habitat to be avoided by construction equipment and personnel shall be marked with temporary fencing or other clearly visible, appropriate markers. No construction access, parking, or equipment storage shall be permitted within such marked areas. 4. The combined restoration and preservation of 82.91 acres of coastal sage scrub would result in a net increase in habitat by 24.64 acres Mitigation and restoration plan MM 4.6 -2 Grassland Habitat Preservation and Restoration. Community Development approval by regulatory agencies: Permanent impacts on non - native grassland and ruderal vegetation Director; Community Prior to issuance of first grading (100.13 acres) shall be mitigated at a 0.7:1 ratio through on -site or Development Director permit or demolition permit by City off -site restoration and preservation. These permanent impacts to Qualified Biologist designated whichever is first non - native grassland and ruderal vegetation shall be mitigated by by the Community Identify in approved grading and the restoration of 48.63 acres (0.5:1) of grassland and alkali Development Director construction plans meadow within both the upland and lowland portions of the Project site as summarized in Table B and may include native grassland Initiate restoration activities: Within n activities: it areas within Fuel Modification Zone C. Temporary impacts one year of first for (2.87 acres) shall be mitigated by native grassland or alkali meadow ground- disturbing activities revegetation following remediation at a 0.5:1 ratio (1.44 acres). An Implement during grading and additional 20.27 acres of grassland habitat shall be preserved on construction site. The grassland restoration and preservation would total Monitoring and maintenance for 5 70.34 acres. years or as determined by the regulatory agencies 22 Planning Commission Draft Timing NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Project Design Features /Conditions of Approval/ Mitigation Measures Table B required grassland Restoration The Applicant shall begin grassland restoration activities (e.g., soil prep, seeding) no later than one year after issuance of the first grading permit. The Applicant shall be required to plan, implement, monitor, and maintain a native grassland preservation /restoration program for the Project. A grassland preservation /restoration program shall be (1) developed by a qualified Biologist; (2) submitted for review and approval to the City of Newport Beach (City) prior to the first permit that would allow for site disturbance (e.g., grading permit); and (3) shall be implemented by a qualified Biologist. The grassland mitigation plan shall also provide mitigation for the loss of raptor foraging and burrowing owl habitat; therefore, site selection measures shall include considerations that influence the site's suitability for burrowing owl and other raptor species. Restoration shall consist of seeding with appropriate needlegrass species and, if appropriate, incorporating seeds collected from special status plant species (southern tarplant) that may be impacted by the Project. A detailed restoration program shall contain the following items: 1. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the Applicant, specialists, and maintenance personnel that would supervise and implement the plan shall be specified. Newport Banning Ranch Mitigation Monitoring and Reporting Program Responsible for Completion Approval /Monitoring/ Implementation Date Initials 23 Planning Commission Draft Restoration Impact Ratio Required (Acres) Required (Acres) Permanent Impact Non - Native Grassland 97.26 0.5:1 48.63 and Ruderal Temporary Impact Non - Native Grassland 2.87 0.5:1 1.44 and Ruderal Total 100.13 50.07 The Applicant shall begin grassland restoration activities (e.g., soil prep, seeding) no later than one year after issuance of the first grading permit. The Applicant shall be required to plan, implement, monitor, and maintain a native grassland preservation /restoration program for the Project. A grassland preservation /restoration program shall be (1) developed by a qualified Biologist; (2) submitted for review and approval to the City of Newport Beach (City) prior to the first permit that would allow for site disturbance (e.g., grading permit); and (3) shall be implemented by a qualified Biologist. The grassland mitigation plan shall also provide mitigation for the loss of raptor foraging and burrowing owl habitat; therefore, site selection measures shall include considerations that influence the site's suitability for burrowing owl and other raptor species. Restoration shall consist of seeding with appropriate needlegrass species and, if appropriate, incorporating seeds collected from special status plant species (southern tarplant) that may be impacted by the Project. A detailed restoration program shall contain the following items: 1. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the Applicant, specialists, and maintenance personnel that would supervise and implement the plan shall be specified. Newport Banning Ranch Mitigation Monitoring and Reporting Program Responsible for Completion Approval /Monitoring/ Implementation Date Initials 23 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 24 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials 2. Site selection. The mitigation site shall be determined in coordination with the City and a qualified Biologist knowledgeable about native grassland restoration, raptors, and the burrowing owl. The site shall either be located on the Project site in a dedicated open space area, or suitable adjacent off -site open space shall be purchased /obtained. The mitigation shall occur entirely in one to two locations to provide the maximum habitat value for the raptors, burrowing owls, and other wildlife species that require contiguous blocks of open habitat types. The site(s) shall consist of level or gently sloping terrain, soil types, and microhabitat conditions suitable for occupation by raptors and burrowing owl, as determined by a qualified Biologist. 3. Site preparation and planting implementation. Site preparation shall include (a) protection of existing native species; (b) trash and weed removal; (c) native species salvage and reuse (i.e., duff); (d) soil treatments (i.e., imprinting, decompacting); (e) temporary irrigation installation; (f) erosion - control measures (i.e., rice or willow wattles); (g) seed mix application; and (h) container species installation. If mammal burrows are limited on the mitigation site(s), the qualified Biologist shall recommend creation of artificial burrows suitable for occupation by the burrowing owl. The burrows shall be constructed using standard specifications established for the owl. Depending on the topography of the site(s) and the availability of natural perches, the qualified Biologist shall make recommendations regarding whether additional perching sites (e.g., large rocks) shall be placed on the mitigation site(s). 4. Schedule. A schedule shall be developed that includes planting to occur in late fall and early winter (i.e., between October 1 and January 30). 5. Maintenance plan /guidelines. The maintenance plan shall include (a) weed control; (b) herbivory control; (c) trash removal; (d) irrigation system maintenance; (e) maintenance training; and (f) replacement planting. The maintenance plan shall also include biological monitoring during maintenance activities if they occur during the burrowing owl /raptor breeding season (February 1 to August 31). 24 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 25 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials 6. Monitoring plan. The monitoring plan shall include (a) qualitative monitoring (i.e., photographs and general observations); (b) quantitative monitoring (i.e., randomly placed transects); (c) performance criteria, as approved by the resource agencies; (d) monthly reports for the first year and reports every other month thereafter; and (e) annual reports for five years, which shall be submitted to the resource agencies. The grassland mitigation site shall be monitored and maintained for five years to ensure successful establishment of native grassland habitat within the restored and created areas. The performance criteria shall take into consideration the habitat requirements for burrowing owl, particularly that they occur in grasslands with openings or lower vegetation coverage; thus, the performance criteria shall include a requirement for openings or a lower percent cover for portions of the mitigation site. 7. Long -term preservation. Long -term preservation of the site shall also be outlined in the conceptual grassland mitigation plan to ensure the mitigation site is not impacted by future development. The Project would result in the restoration of 50.07 acres of native grassland and alkali meadow and preservation of 20.27 acres of non - native grassland areas, for a total of 70.34 acres. Because the value of habitat to be replaced (native grassland and alkali meadow) is higher than those habitat values impacted by the Project, a less than 1:1 mitigation ratio is deemed adequate to compensate for the loss of non - native grassland areas. Mitigation and restoration plan MM 4.6 -3 Grassland Depression Feature and Fairy Shrimp Community Development approval by regulatory agencies: Habitat Preservation and Restoration. Grassland Depression Director Prior to issuance of first grading Feature Habitat Preservation and Restoration. The proposed Qualified Biologist designated permit or demolition permit by City Project is designed to protect the two areas previously described as by the Community whichever is first vernal pools that are occupied by San Diego fairy shrimp. The Development Director Identify in approved grading and proposed Project would permanently impact 0.07 acre of ephemeral Habitat Restoration Specialist construction plans pool and 0.06 acre of vernal pool habitat in order to remediate the Initiate restoration activities: Within n activities: it soil and remove the pipelines in these areas. Once the remediation U.S. Fish and Wildlife Service one year of first for and pipeline removal are completed, the vernal pool areas would be (USFWS) ground- disturbing activities restored and protected. Because oilfield pipelines are located on top California Coastal of the soil surface in the pooled areas, their removal would be Commission (CCC) Implement during grading and conducted with the minimum possible soil disturbance and would 25 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 26 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials construction occur outside the rainy season to reduce direct impacts to this Monitoring and maintenance for 5 species. However, pipe removal activities would disrupt the soils years or as determined by the within the vernal pools in which the San Diego fairy shrimp has regulatory agencies been observed and which potentially contain fairy shrimp cysts. Therefore, these pipe removal activities would be considered a potentially significant temporary impact. This impact would be mitigated through preservation and restoration of a 3.58 -acre conservation area. This includes enlarging and protecting the pools watershed. During Project grading, a small area of the surrounding upland portion of the watershed would be impacted, but the Project proposes to replace this portion of the watershed so that the protected pools and 1.49 acre of contributing watershed would be permanently protected within a 1.85 -acre vernal pool conservation area. Remediation, restoration and permanent protection of the two pools and protection of its watershed would ensure that Project impacts to these two pools are less than significant. In addition, the Project has identified an additional 1.73 acres of upland area, adjacent to the 1.85 -acre area, which would be available for future vernal pool creation, restoration, and /or enhancement. If this additional area is restored, a total vernal pool conservation area of 3.58 acres would be provided by the Project (Table C). 26 Planning Commission Draft NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Project Design Features /Conditions of Approval/ Timing Mitigation Measures TABLE C REQUIRED VERNAL POOL PRESERVATION /RESTORATION Expansion of the watershed by 1.73 acres would increase hydrological input by creating hydrological conditions for additional pools, which would promote more and higher quality habitat created as mitigation for Features E, G, I, and J, which support the San Diego fairy shrimp. Restoration of the pool areas, by removing mule fat and non - native species, would restore the pools to characteristic vernal pool habitat, as vernal pools do not typically support woody vegetation such as mule fat. The restoration program would also provide increased wildlife habitat function for migratory birds that use the pools as a migration stopover, and the increased watershed area would be planted with native alkali meadow or native upland grasses favorable for raptor foraging and would be "counted" toward the approximately 50 acres of grassland habitat. Impacts to San Diego fairy shrimp detected in Features E and G, which are to be remediated as part of the oilfield clean up and remediation, shall be mitigated by testing the soils, and if the soils Newport Banning Ranch Mitigation Monitoring and Reporting Program Responsible for Completion Approval /Monitoring/ Implementation Date Initials 27 Planning Commission Draft C C'o2 q _ C o E C gE N g t N Q y R J C r q E i q C N V y E n U �n 9 -v '='" q 10 Et: 3qt 9D q ri' �E aE F i Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM The final ratio would be determined in consultation with USFWS and would be based on the character of the features known to be occupied. Features such as E and G, which are oilfield sumps would require a lower mitigation ratio than less disturbed pools I and J. 28 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials are not contaminated to the degree requiring environmental remediation, they shall be removed and relocated to the vernal pool conservation area at a ratio of 1:1. Soils shall also be removed and relocated within features I and J.' All mitigation shall occur within the 1.73 acres that have been set aside along with the 1.85 -acre conservation area to provide a 3.58 -acre vernal pool conservation area. The Applicant shall be required to plan, implement, monitor, and maintain a vernal pool preservation /restoration program for the Project. A vernal pool program shall be developed by a qualified Biologist and shall be submitted for review and approval to the City of Newport Beach (City) and the resource agencies (i.e., the U.S. Fish and Wildlife Service [USFWS] and the California Coastal Commission) prior to the first action and /or permit which would allow for site disturbance (e.g., issuance of a grading permit). The Applicant shall begin the vernal pool restoration activities (e.g., soil preparation) no later than one year after issuance of the first grading permit. Restoration shall consist of seeding /planting with appropriate vernal pool species and, if appropriate, incorporate seeds collected from special status plant species that may be impacted by the Project. A detailed restoration program shall contain the following items: 1. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, specialists, and maintenance personnel that would supervise and implement the plan shall be specified. 2. Site selection. The mitigation site shall be determined in coordination with the City and the resource agencies. The site shall be located on the Project site in a dedicated open space area. The mitigation areas shall not result in the removal of a biologically valuable resource (e.g., native grassland). The final ratio would be determined in consultation with USFWS and would be based on the character of the features known to be occupied. Features such as E and G, which are oilfield sumps would require a lower mitigation ratio than less disturbed pools I and J. 28 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 29 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials 3. Site preparation and planting implementation. Site preparation shall include (a) protection of existing native species; (b) trash and weed removal; (c) native species salvage and reuse (i.e., duff); (d) soil treatments (i.e., imprinting, decompacting); (e) temporary irrigation installation; (f) erosion - control measures (i.e., rice or willow wattles); (g) seed mix application; and (h) container species installation. 4. Schedule. Planting shall occur by a qualified Biologist who is monitoring on site rainfall to minimize impacts to existing fairy shrimp. 5. Maintenance plan /guidelines. The maintenance plan shall include (a) weed control; (b) herbivory control; (c) trash removal; (d) irrigation system maintenance; (e) maintenance training; and (f) replacement planting. 6. Monitoring plan. The monitoring plan shall include (a) qualitative monitoring (i.e., photographs and general observations); (b) quantitative monitoring (i.e., randomly placed transects); (c) performance criteria, as approved by the resource agencies; (d) monthly reports for the first year and reports every other month thereafter; and (e) annual reports for five years, which shall be submitted to the resource agencies. 7. Long -term preservation. Long -term preservation of the site shall also be outlined in the conceptual mitigation plan to ensure the mitigation site is not impacted by future development. The Applicant shall be fully responsible for the implementation of the vernal pool revegetation program until the restoration areas have met the success criteria outlined in the program. The City and the resource agencies (i.e., the USFWS and the California Coastal Commission) shall have final authority over mitigation area sign -off. The site shall be monitored and maintained for five years to ensure successful establishment of vernal pool habitat within the restored and created areas. The preservation of the vernal pool habitat and the expansion of the watershed habitat will result in a net increase in habitat occupied by the San Diego fairy shrimp on the site that would also exhibit higher levels of function for the fairy shrimp. 29 Planning Commission Draft Timing Mitigation and restoration plan approval by regulatory agencies: Prior to site disturbance Prior to issuance of first grading permit or demolition permit by City whichever is first Identify in approved grading and construction plans Initiate restoration activities: Within one year of first permit/approval for ground- disturbing activities Implement during grading and construction Monitoring and maintenance for 5 years or as determined by the regulatory agencies NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Project Design Features /Conditions of Approval/ Mitigation Measures MM 4.6-4 Marsh Habitat Preservation and Restoration. The Project would impact 2.45 acres (0.10 permanent/2.35 temporary) of marshes. Permanent impacts to marshes shall be restored at a replacement ratio of 3:1, totaling 0.30 acre (Table D). Temporary impacts associated with oilfield remediation shall be mitigated at a 1:1 ratio2 (totaling 2.35 acres). In addition, 7.25 acres shall be preserved on site, for a total of 9.90 acres of restoration and preservation. TABLE D REQUIRED MARSH /MEADOW /OPEN WATER HABITAT RESTORATION The Applicant shall be required to plan, implement, monitor, and maintain a marsh /meadow preservation /restoration program for the Project. A marsh /meadow preservation /restoration program shall be developed by a qualified Biologist, and submitted for review and approval to the City of Newport Beach (City) and the resource agencies (i.e., the U.S. Fish and Wildlife Service [USFWS], the California Department of Fish and Game [CDFG], and the California Coastal Commission) prior to the first action and /or permit that would allow for site disturbance (e.g., grading permit). The Applicant shall begin marsh habitat restoration activities (e.g., soil prep, seeding) no later than one year after issuance of the first permit allowing ground disturbance (e.g., grading permit). The marsh /meadow preservation /restoration program shall also mitigate for the potential loss of light- footed clapper rail, western snowy plover, and Belding's savannah sparrow habitat; therefore, site Newport Banning Ranch Mitigation Monitoring and Reporting Program Responsible for Approval /Monitoring/ Implementation Public Works Director; Community Development Director, Community Development Department Building Division Manager, or designated representatives Qualified Biologist designated by the Community Development Director Habitat Restoration Specialist U.S. Fish and Wildlife Service (USFWS) California Department of Fish and Game (CDFG) California Coastal Commission (CCC) Date I Initials 2 It is important to note that all temporary impacts are for purposes of oilfield remediation and habitat restoration and, as such, are an allowable use in wetland areas under Section 30233 of the California Coastal Act, which includes habitat restoration as an allowable activity in wetlands. 30 Planning Commission Draft Impact (Acres) Ratio Required Restoration Required (Acres) Permanent Impact Marsh /Meadow /Open Water 0.10 3:1 0.30 Temporary Impact Marsh /Meadow /Open Water 2.35 1:1 2.35 Total 2.45 2.65 The Applicant shall be required to plan, implement, monitor, and maintain a marsh /meadow preservation /restoration program for the Project. A marsh /meadow preservation /restoration program shall be developed by a qualified Biologist, and submitted for review and approval to the City of Newport Beach (City) and the resource agencies (i.e., the U.S. Fish and Wildlife Service [USFWS], the California Department of Fish and Game [CDFG], and the California Coastal Commission) prior to the first action and /or permit that would allow for site disturbance (e.g., grading permit). The Applicant shall begin marsh habitat restoration activities (e.g., soil prep, seeding) no later than one year after issuance of the first permit allowing ground disturbance (e.g., grading permit). The marsh /meadow preservation /restoration program shall also mitigate for the potential loss of light- footed clapper rail, western snowy plover, and Belding's savannah sparrow habitat; therefore, site Newport Banning Ranch Mitigation Monitoring and Reporting Program Responsible for Approval /Monitoring/ Implementation Public Works Director; Community Development Director, Community Development Department Building Division Manager, or designated representatives Qualified Biologist designated by the Community Development Director Habitat Restoration Specialist U.S. Fish and Wildlife Service (USFWS) California Department of Fish and Game (CDFG) California Coastal Commission (CCC) Date I Initials 2 It is important to note that all temporary impacts are for purposes of oilfield remediation and habitat restoration and, as such, are an allowable use in wetland areas under Section 30233 of the California Coastal Act, which includes habitat restoration as an allowable activity in wetlands. 30 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 31 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials selection measures shall include considerations that influence the site's suitability for these species. Restoration shall consist of seeding with appropriate marsh /meadow species and, if appropriate, incorporation of seeds collected from special status plant species that may be impacted by the Project. A detailed restoration program shall contain the items listed below. 1. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, specialists, and maintenance personnel that would supervise and implement the plan shall be specified. 2. Site selection. The mitigation site shall be determined in coordination with the City and the resource agencies. The site shall either be located on the Project site in a dedicated open space area, or suitable adjacent off -site open space shall be obtained /purchased. Selected sites shall not result in the removal of a biologically valuable resource (e.g., native grassland). 3. Site preparation and planting implementation. The site preparation shall include (a) protection of existing native species; (b) trash and weed removal; (c) native species salvage and reuse (i.e., duff); (d) soil treatments (i.e., imprinting, decompacting); (e) temporary irrigation installation; (f) erosion - control measures (i.e., rice or willow wattles); (g) seed mix application; and (h) container species installation. Locally occurring, native plants and seeds shall be used and shall include species present on site and in adjacent areas, and shall also include uncommon species known to occur on site such as southwestern spiny rush. 4. Schedule. A schedule shall be developed that includes planting to occur in late fall and early winter (i.e., between October 1 and January 30). 31 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 32 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials 5. Maintenance plan /guidelines. The maintenance plan shall include (a) weed control; (b) herbivory control; (c) trash removal; (d) irrigation system maintenance; (e) maintenance training; and (f) replacement planting. The maintenance plan shall also include biological monitoring during maintenance activities if they occur during the light- footed clapper rail, western snowy plover, and Belding's savannah sparrow breeding season (March 1 to September 15). 6. Monitoring plan. The monitoring plan shall include (a) qualitative monitoring (i.e., photographs and general observations); (b) quantitative monitoring (i.e., randomly placed transects); (c) performance criteria, as approved by the resource agencies; (d) monthly reports for the first year and reports every other month thereafter; and (e) annual reports for five years, which shall be submitted to the resource agencies. 7. Long -term preservation. Long -term site preservation shall also be outlined in the conceptual mitigation plan to ensure the mitigation site is not impacted by future development. The Applicant shall be fully responsible for the implementation of the marsh and mudflat restoration program until the restoration areas have met the success criteria outlined in the program. The City and the resource agencies (i.e., the USFWS and the California Coastal Commission) shall have final authority over mitigation area sign -off. The site shall be monitored and maintained for five years to ensure successful restoration of marsh and mudflat habitat within the restored and created areas. The performance criteria shall take into consideration the habitat requirements for light- footed clapper rail, western snowy plover, and Belding's savannah sparrow. For example, the light- footed clapper rail requires areas with tidal influence and prefers using cordgrass to build their nests; the western snowy plover nests on bare ground in areas of little to no vegetation coverage; and the Belding's savannah sparrow uses the upper portions of the marsh dominated by pickleweed. Thus, performance criteria shall be tailored to fit different portions of the mitigation site intended for each species. 32 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 3 It is important to note that all temporary impacts are for purposes of oilfield remediation and habitat restoration and, as such, are an allowable use in wetland areas under Section 30233 of the California Coastal Act, which includes habitat restoration as an allowable activity in wetlands. 33 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials The limits of grading shall be clearly marked, and temporary fencing or other appropriate markers shall be placed around any sensitive habitat adjacent to work areas prior to the commencement of any ground- disturbing activity or native vegetation removal. No construction access, parking, or storage of equipment or materials shall be permitted within the marked areas. Mitigation and restoration plan MM 4.6 -5 Jurisdictional Resources /Riparian Habitat Community Development approval by regulatory agencies: Preservation and Restoration. The Applicant is in the process of Director Prior to site disturbance obtaining permits /agreements /certifications from the U.S. Army Qualified Biologist designated Prior to issuance of first grading Corps of Engineers (USAGE), the California Department of Fish and by the Community permit or demolition permit by City Game (CDFG), the Regional Water Quality Control Board Development Director whichever is first (RWQCB), and the California Coastal Commission that are required H abitat Restoration Specialist Identify in approved grading and for direct or indirect impacts on areas within these agenci es, jurisdictions. The Applicant shall be obligated to implement/comply U.S. Fish and Wildlife Service construction plans with the mitigation measures required by the resource agencies (USFWS) Initiate restoration activities: Within regarding impacts on their respective jurisdictions. Jurisdictional U.S. Army Corps of Engineers one year of first permit/approval for areas shall be restored on the Project site or immediately off site at (USACE) ground- disturbing activities a minimum replacement ratio of 3:1 for permanent impacts and 1:1 California Department of Fish Implement during grading and for temporary impacts to ensure no net loss of habitat. The and Game (CDFG) construction jurisdictions of the USACE, CDFG, and California Coastal Monitoring and maintenance for 5 Commission are not additive areas, as many of the riparian areas California Coastal Commission (CCC) years as determined by the on the Project site may be within the jurisdiction of several of these regulatory ry agencies agencies. Therefore, the permits and associated jurisdictional Regional Water Quality replacement requirements would identify which mitigation areas Control Board (RWQCB) apply to the corresponding jurisdictions. Permanent impacts on willow scrub and willow riparian forest (1.42 acres) shall be mitigated at a 3:1 ratio (4.26 acres) on the Project site through restoration of willow habitat. Permanent impacts on all other riparian vegetation types and all temporary impacts to riparian vegetation types (11.51 acres) shall be mitigated at a 1:1 ratio (11.51 acres) on the Project site. In total, as compensation for permanent and temporary impacts to 12.93 acres of riparian habitat, the Project would create 15.77 acres of riparian habitat. In addition, the Project shall preserve 23.03 acres of riparian habitats, for at total of 38.80 acres of restoration and preservation. Details of the restoration required are summarized below in Table E. 3 It is important to note that all temporary impacts are for purposes of oilfield remediation and habitat restoration and, as such, are an allowable use in wetland areas under Section 30233 of the California Coastal Act, which includes habitat restoration as an allowable activity in wetlands. 33 Planning Commission Draft Timing NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Project Design Features /Conditions of Approval/ Mitigation Measures TABLE E REQUIRED RIPARIAN RESTORATION Prior to the first permit that would allow for site disturbance, a detailed restoration program shall be prepared for approval by the City of Newport Beach (City) and the resource agencies (i.e., the LISACE, the CDFG, the RWQCB, and the California Coastal Commission). The program shall include, at a minimum, the following items: 1. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, specialists, and maintenance personnel that would supervise and implement the plan shall be specified. Newport Banning Ranch Mitigation Monitoring and Reporting Program Responsible for Completion Approval /Monitoring/ Implementation Date Initials 34 Planning Commission Draft Restoration Impact Ratio Required (Acres) Required (Acres) Permanent Impact Willow ScrublWillow 1.42 3:1 4.26 Riparian Forest Disturbed Willow Scrub/ Disturbed Willow Riparian 0.03 1:1 0.03 Forest Mule Fat Scrub 0.47 1:1 0.47 Disturbed Mule Fat Scrub' 4.95 1:1 4.95 Temporary Impact Willow Scrub/ Willow 0.59 1:1 0.59 Riparian Forest Disturbed Willow Scrub /Disturbed Willow 0.70 1:1 0.70 Riparian Forest Mule Fat Scrub 0.20 1:1 0.20 Disturbed Mule Fat Scrub' 4.57 1:1 4.57 Total 12.93 15.77 Includes disturbed mule fat scrub, disturbed mule fat scrub /ruderal, and disturbed mule fat scrub /goldenbush scrub. Prior to the first permit that would allow for site disturbance, a detailed restoration program shall be prepared for approval by the City of Newport Beach (City) and the resource agencies (i.e., the LISACE, the CDFG, the RWQCB, and the California Coastal Commission). The program shall include, at a minimum, the following items: 1. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, specialists, and maintenance personnel that would supervise and implement the plan shall be specified. Newport Banning Ranch Mitigation Monitoring and Reporting Program Responsible for Completion Approval /Monitoring/ Implementation Date Initials 34 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 35 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials 2. Site selection. The mitigation site shall be determined in coordination with the City and the resource agencies (i.e., the USFWS, the CDFG, the RWQCB, and the California Coastal Commission). The site shall either be located on the Project site in a dedicated open space area, or suitable adjacent off -site open space shall be obtained /purchased. Selected sites shall not result in the removal of a biologically valuable resource (e.g., native grassland). 3. Site preparation and planting implementation. Site preparation shall include (a) protection of existing native species; (b) trash and weed removal; (c) native species salvage and reuse (i.e., duff); (d) soil treatments (i.e., imprinting, decompacting); (e) temporary irrigation installation; (f) erosion - control measures (i.e., rice or willow wattles); (g) seed mix application; and (h) container species installation. 4. Schedule. A schedule shall be developed that includes planting to occur in late fall and early winter (i.e., between October 1 and January 30). 5. Maintenance plan /guidelines. The maintenance plan shall include (a) weed control; (b) herbivory control; (c) trash removal; (d) irrigation system maintenance; (e) maintenance training; and (f) replacement planting. The maintenance plan shall also include biological monitoring during maintenance activities if they occur during the least Bell's vireo breeding season (March 15 to September 15). 6. Monitoring plan. The riparian vegetation /jurisdictional resources monitoring plan shall include (a) qualitative monitoring (i.e., photographs and general observations); (b) quantitative monitoring (i.e., randomly placed transects); (c) performance criteria, as approved by the resource agencies; (d) monthly reports for the first year and reports every other month thereafter; and (e) annual reports for five years, which shall be submitted to the resource agencies. 7. Long -term preservation. Long -term preservation of the site shall also be outlined in the conceptual mitigation plan to ensure the mitigation site is not impacted by future development. The limits of grading shall be clearly marked, and temporary fencing 35 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 36 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials or other appropriate markers shall be placed around any sensitive habitat adjacent to work areas prior to the commencement of any ground- disturbing activity or native vegetation removal. No construction access, parking, or storage of equipment or materials shall be permitted within marked areas. The Applicant shall begin riparian habitat restoration activities (e.g., soil prep, seeding) no later than one year after issuance of the first grading permit. The Applicant shall be fully responsible for the implementation of the riparian revegetation program until the restoration areas have met the success criteria outlined in the program. The City and the resource agencies (i.e., the USFWS and the California Coastal Commission) shall have final authority over mitigation area sign -off. The site shall be monitored and maintained for five years to ensure successful establishment of riparian habitat within the restored and created areas, and the performance criteria shall take least Bell's vireo habitat requirements into consideration. For example, the presence of a shrubby understory is important for this species; thus, performance criteria shall include a requirement for structural complexity. The Applicant is seeking a Take Authorization through Section 7 of the Federal Endangered Species Act for impacts to habitat for the least Bell's vireo. Prior to issuance of the first action and /or permit that would allow for site disturbance (e.g., grading permit), the Applicant shall provide to the City of Newport Beach a Biological Opinion issued from the U.S. Fish and Wildlife Service (USFWS) authorizing the removal of jurisdictional resources (i.e., potential least Bell's vireo habitat). It is anticipated that the USFWS Biological Opinion would contain conservation recommendations to avoid or reduce the Project's impact. Although additional conservation measures identified by the USFWS shall be enforced, at a. minimum, the Construction Minimization Measures listed below shall be followed. 1. Activities involving the removal of riparian habitat shall be prohibited during the least Bell's vireo breeding season (March 15 to September 15) unless otherwise directed by the USFWS and the CDFG. 36 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 37 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials 2. Vegetation - clearing activities shall be monitored by a 1. qualified Biologist. The Biological Monitor shall ensure that only the amount of riparian habitat approved during the consultation process shall be removed. The Biological Monitor shall delineate (by the use of orange snow fencing or lath and ropes /flagging) all areas adjacent to the impact area that contain habitat suitable for least Bell's vireo occupation. 3. The use of any large construction equipment during site grading shall be prohibited within 500 feet of an active least Bell's vireo nest during the breeding season of this species (March 15 to September 15), unless otherwise directed by the USFWS and the CDFG. Construction may be allowed within 500 feet of an active nest if appropriate noise measures are implemented, as approved by the resource agencies. 4. Appropriate noise - abatement measures (e.g., sound walls) shall be implemented to ensure that noise levels are less than 60 A- weighted decibels (dBA) at specified monitoring locations near active nest(s), as determined by the Biological Monitor. This shall be verified by weekly noise monitoring conducted by a qualified Acoustical Engineer during the breeding season (March 15 to September 15) or as otherwise determined by a qualified Biological Monitor based on vireo nesting activity. 5. If construction occurs during the breeding season, a summary of construction monitoring activities and noise monitoring results shall be provided to the USFWS and the CDFG following completion of construction. As part of each grading permit and MM 4.6 -6 Migratory Bird Treaty Act. No vegetation removal shall Community Development building permit for a subdivision occur between February 15 and September 15 unless a qualified Director activity scheduled to occur from Biologist, approved by the City of Newport Beach (City), surveys the Qualified Biologist designated February 15'' through September Project's impact area prior to disturbance to confirm the absence of by the Community 15 m of any year active nests. If an active nest is discovered, disturbance within a Development Director Where there is an active nest, particular buffer shall be prohibited until nesting is complete; the buffer distance shall be determined by the Biologist in consultation establish avoidance area prior to with applicable resource agencies and in consideration of species disturbance sensitivity and existing nest site conditions. Limits of avoidance shall be demarcated with flagging or fencing. The Biologist shall record 37 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 38 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials the results of the recommended protective measures described above and shall submit a memo summarizing any nest avoidance measures to the City to document compliance with applicable State and federal laws pertaining to the protection of native birds. To protect bird species on site, any front glass railings, screen walls, fences, and gates that occur adjacent to Project natural open space areas shall be required to use materials designed to minimize bird strikes. Such materials may consist, all or in part, of wood; metal; frosted or partially- frosted glass, Plexiglas or other visually permeable barriers that are designed to prevent creation of a bird strike hazard. Clear glass or Plexiglas shall not be installed unless an ultraviolet -light reflective coating specially designed to reduce bird - strikes by reducing reflectivity and transparency is also used. Any coating or shall be installed to provide coverage consistent with manufacturer specifications. All materials and coatings shall be maintained throughout the life of the development to ensure continued effectiveness at addressing bird strikes and shall be maintained at a minimum in accordance with manufacturer specifications. Prior to issuance of a grading permit, the Applicant shall submit plans showing the location, design, height and materials of glass railings, fences, screen walls and gates for the review and approval to the City and a qualified Biologist. Mitigation and restoration plan MM 4.6 -7 Special Status Plant Species. The Applicant shall be Community Development approval by regulatory agencies: required to plan, implement, monitor, and maintain a southern Director Prior to site disturbance tarplant restoration program for the Project consistent with the most Qualified Biologist designated Prior to issuance of first grading current technical standards /knowledge regarding southern tarplant by the Community permit restoration. Prior to the first action and /or permit that would allow for Development Director Identify in approved grading and site disturbance (e.g., a grading permit), a qualified Biologist shall construction plans prepare a detailed southern tarplant restoration program that would focus on (1) avoiding impacts to the southern tarplant to the extent Initiate restoration activities: Within possible through Project planning; (2) minimizing impacts; one year of first permit/approval for (3) rectifying impacts through the repair, rehabilitation, or restoration ground- disturbing activities of the impacted environment; (4) reducing or eliminating the impact Implement during grading and over time by preservation and maintenance operations during the construction life of the Project; and (5) compensating for impacts by replacing or providing substitute resources or environments. The program shall be reviewed and approved by the City of Newport Beach (City) prior to site disturbance. Impacts on southern tarplant shall be mitigated by seed collection 38 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 39 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials and re- establishment. The seeds shall be collected and then placed into a suitable mitigation area in the undeveloped or restored portion of the Project site or at an approved adjacent off -site location. The southern tarplant restoration program shall have the requirements listed below. 1. Seed ripeness shall be monitored every two weeks by a qualified Biologist and /or a qualified Seed Collector at the existing southern tarplant locations to determine when the seeds are ready for collection. A qualified Seed Collector shall collect all the seeds from the plants to be impacted when the seeds are ripe. The seeds shall be cleaned and stored by a qualified nursery or institution with appropriate storage facilities. 2. The mitigation site shall be located in dedicated open space on the Project site or at an adjacent off -site mitigation site. The mitigation site shall be prepared for seeding as described in a conceptual restoration plan. 3. The topsoil shall be collected from areas with limited amounts of weeds from the impacted population and re- spread in the selected location, as approved by the qualified Biologist. Approximately 60 to 80 percent of the collected seeds shall be spread in the fall following soil preparation and seed preparation. The remainder of the seeds shall be kept in storage for subsequent seeding, if necessary. 4. The qualified Biologist shall have the full authority to suspend any operation at the site which is, in the qualified Biologist's opinion, not consistent with the restoration program. Any disputes regarding consistency with the restoration program shall be resolved by the Applicant, the qualified Biologist, and the City. Prior to issuance of a grading MM 4.6 -8 Light- footed Clapper Rail, Western Snowy Plover, Community Development permit for remediation purposes Belding's Savannah Sparrow. Due to temporary impacts to marsh Director Refer to MM 4.6 -8 for specific habitat in the lowland by oilfield remediation activities, a focused Qualified Biologist designated requirements and timing if noted survey shall be conducted for light- footed clapper rail, western by the Community species are present snowy plover, and Belding's savannah sparrow in the spring prior to Development Director the proposed impact to determine if these species nest on or U.S. Fish and Wildlife Service immediately adjacent to the Project site. If any of these species are (USFWS) observed, the Applicant shall obtain approvals from the resource 39 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 40 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials agencies (i.e., the U.S. Fish and Wildlife Service [USFWS], the California Department of Fish California Department of Fish and Game [CDFG], and the California and Game (CDFG) Coastal Commission) prior to the initiation of grading or any activity California Coastal that involves the removal /disturbance of marsh habitat, including Commission (CCC) clearing, grubbing, mowing, disking, trenching, grading, or any other construction - related activity on the Project site. If any of these species would be impacted, mitigation for impacts on these species shall include replacement of marsh habitat as described in MM 4.6 -4. In addition, the measures listed below shall be implemented. 1. Marsh vegetation shall be removed after September 15 and before March 1. 2. If marsh vegetation is proposed for removal prior to September 15, a series of pre- construction surveys shall be conducted to ensure that no light- footed clapper rail, western snowy plover, or Belding's savannah sparrows are in the area of impact. If any of these species are observed within 100 feet of the impact areas, the resource agencies shall be contacted to determine if additional consultation and /or minimization measures are required. 3. A Biological Monitor familiar with light- footed clapper rail, western snowy plover, and Belding's savannah sparrow shall be present during all activities involving marsh vegetation removal to ensure that impacts to marsh habitats do not extend beyond the limits of grading and to minimize the likelihood of inadvertent impacts to marsh habitat. In addition, the Biological Monitor shall monitor construction activities in or adjacent to marsh habitat during the light- footed clapper rail, western snowy plover, and Belding's savannah sparrow breeding season (March 1 to September 15). 4. The limits of disturbance during oilfield cleanup shall be clearly marked, and temporary fencing or other appropriate markers shall be placed around any sensitive habitat adjacent to work areas prior to the commencement of any ground- disturbing activity or native vegetation removal. No construction access, parking, or storage of equipment or materials shall be permitted within the marked areas. 40 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 41 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Approved Biological Opinion: Prior MM 4.6 -9 California Gnatcatcher. Prior to initiation of grading or Community Development to site disturbance in coastal sage any activity that involves the removal /disturbance of coastal sage Director; Community scrub habitat scrub habitat, including clearing, grubbing, mowing, disking, Qualified Biologist designated Prior to issuance of each grading trenching, grading or any other construction - related activity on the by the Community permit and first building permit for Project site, the Applicant shall obtain a Biological Opinion from the Development Director each subdivision U.S. Fish and Wildlife Service to authorize incidental take. Mitigation U.S. Fish and Wildlife Service Identify in approved grading and for impacts on the California gnatcatcher shall include restoration (USFWS) construction plans and preservation of 82.91 acres of coastal sage scrub habitat and implementation of the Construction Minimization Measures listed in Implement during grading and MM 4.6 -1. construction Mitigation and restoration plan MM 4.6 -10 Coastal Cactus Wren. Impacts on southern cactus Community Development approval by regulatory agencies: scrub, southern cactus scrub /Encelia scrub, disturbed southern Director Prior to site disturbance cactus scrub, and disturbed southern cactus scrub /Encelia scrub Qualified Biologist designated Prior to issuance of each grading shall be avoided to the maximum extent practicable. If it is by the Community permit and first building permit for determined by the City of Newport Beach (City) during the final Development Director each subdivision grading plan check that impacts on cactus habitat cannot be Identify in approved grading and avoided, the coastal sage scrub mitigation plan shall incorporate construction plans cactus into the planting palette at no less than a 1:1 ratio for impacted cactus areas. The Applicant shall submit the coastal sage Initiate restoration activities: within scrub mitigation plan to the City to verify that an appropriate amount one year of first permit/approval for of cactus has been incorporated into the plan. Mitigation for impacts ground- disturbing activities on the coastal cactus wren shall include replacement of coastal Implement during grading and sage scrub habitat and implementation of the Construction construction Minimization Measures described in MM 4.6 -1. Monitoring and maintenance for 5 years or as determined by the regulatory agencies Mitigation and restoration plan MM 4.6 -11 Least Bell's Vireo. Prior to initiation of grading or any Community Development approval by regulatory agencies: activity that involves the removal /disturbance of riparian habitat, Director Prior to site disturbance of riparian including clearing, grubbing, mowing, disking, trenching, grading or Qualified Biologist designated habitat any other construction - related activity on the Project site, the by the Community Prior to issuance of each grading Applicant shall obtain approvals from the resource agencies (Le., Development Director permit and first building permit for the U.S. Fish and Wildlife Service [USFWS], the California U.S. Fish and Wildlife Service each subdivision Department of Fish and Game [CDFG], and the California Coastal (USFWS) Identify in approved grading and Commission). Mitigation for impacts on the least Bell's vireo shall include (1) replacement of riparian and upland scrub and riparian California Department of Fish construction plans forest habitat and the Construction Minimization Measures and Game (CDFG) Initiate restoration activities: Within described in MM 4.6 -5; (2) protection of nests and nesting birds as 41 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 42 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials one year of first permit/approval for described in MM 4.6 -6; and (3) any additional provisions imposed California Coastal ground- disturbing activities by the permitting agencies. Commission (CCC) Implement during grading and construction Monitoring and maintenance for 5 years or as determined by the regulatory agencies Mitigation and restoration plan MM 4.6 -12 Burrowing Owl. Impacts on known burrowing owl Community Development approval by regulatory agencies: burrows and surrounding non - native grasslands shall be avoided to Director Prior to site disturbance the maximum extent practicable, as determined by a qualified Qualified Biologist designated Prior to issuance of each grading Biologist in coordination with the City of Newport Beach (City). If by the Community permit and first building permit for impacts on grassland habitat occupied by burrowing owl cannot be Development Director each subdivision avoided, mitigation for impacts on the burrowing owl shall include California Department of Fish Identify in approved grading and restoration of native grassland habitat, as described in MM 4.6 -2. and Game (CDFG) construction plans Within 30 days prior to any ground- disturbing activity to suitable Initiate restoration activities: Within burrowing owl habitat, a focused pre- construction survey shall be one year of first permit/approval for conducted to determine the presence or absence of the burrowing ground- disturbing activities owl on the Project site. If the species is not observed, no further mitigation shall be necessary. Results of the survey shall be Implement during grading and provided to the California Department of Fish and Game (CDFG). construction If an active burrow is observed during the non - nesting season, a Monitoring and maintenance for qualified Biologist shall monitor the nest site; when the owl is away 5 years or as determined by the from the nest, the Biologist shall exclude the owl from the burrow regulatory agencies and then remove the burrow so the owl cannot return. If an active burrowing owl burrow is observed during the nesting season, the active site shall be protected until nesting activity has ended to ensure compliance with Section 3503.5 of the California Fish and Game Code. Peak nesting activity for burrowing owl normally occurs from April to July. To protect the active burrow, the following restrictions to construction activities shall be required until the burrow is no longer active (as determined by a qualified Biologist): (1) clearing limits shall be established within a 300 -foot buffer around any active burrow, unless otherwise determined by a qualified Biologist and (2) access and surveying shall be prohibited within 200 feet of any active burrow, unless otherwise determined by a qualified Biologist. Any encroachment into the buffer area around the active burrow shall only be allowed if the Biologist determines that the proposed activity shall not disturb the nest 42 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 43 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials occupants. Construction can proceed when the qualified Biologist has determined that fledglings have left the nest burrow. July 1s` through January 31s` MM 4.6 -13 Raptor Nesting. To the maximum extent practicable, Community Development Prior to issuance of grading permits habitats that provide potential nest sites for raptors shall be Director and first building permit for each removed from July 1 through January 31. If Project construction Qualified Biologist designated subdivision activity activities are initiated during the raptor nesting season (February 1 by the Community to June 30), a qualified Biologist shall conduct a nesting raptor Development Director survey. Seven days prior to the onset of construction activities, a California Department of Fish qualified Biologist shall survey within the limits of the Project and Game (CDFG) disturbance area for the presence of any active raptor nests (common or special status). Any nest found during survey efforts shall be mapped on the construction plans. If no active nests are found, no further mitigation would be required, and survey results shall be provided to the California Department of Fish and Game (CDFG). If nesting activity is present, the active site shall be protected until nesting activity has ended to ensure compliance with Section 3503.5 of the California Fish and Game Code. To protect any nest site, the following restrictions on construction are required between February 1 and June 30 (or until nests are no longer active, as determined by a qualified Biologist): (1) clearing limits shall be established a minimum of 300 feet in any direction from any occupied nest and (2) access and surveying shall be prohibited within 200 feet of any occupied nest. Any encroachment into the 300- and /or 200 -foot buffer area(s) around the known nest shall only be allowed if a qualified Biologist determines that the proposed activity shall not disturb the nest occupants. During the non - nesting season, proposed work activities can occur only if a qualified Biologist has determined that fledglings have left the nest. As part of grading permit for MM 4.6 -14 Invasive Exotic Plant Species. A qualified Biologist Community Development remediation purposes and during shall monitor any oilfield remediation activities that involve Director oilfield remediation activities disturbance of native habitat but that would not include removal of Qualified Biologist designated Landscape Plan Submittal the habitat in its entirety. During vegetation removal for remediation by the Community (consistent with approved Habitat activities, the Biological Monitor shall direct the construction crew to Development Director Restoration Plan) remove invasive plant species, including but not limited to pampas grass and giant reed. The Biologist shall also direct the crew on any Landscape Plan as part of additional measures that may be needed to eradicate these application for Site Development species, such as removal of roots, painting cut stems with Round -up Review for development of land 43 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 44 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials uses within the Residential Districts; or other approved herbicide, or follow -up applications of herbicide. Visitor- Serving Resort and The Applicant shall submit Landscape Plans to the City of Newport Residential District; Mixed -Use and Beach (City) for review and approval by a qualified Biologist. The Residential District; and the Parks review shall ensure that no invasive, exotic plant species are used and Recreation District in landscaping adjacent to any open space and that suitable substitutes are provided. When the process is complete, the qualified Biologist shall submit a memo approving the Landscape Plans to the City. Prior to the issuance of grading MM 4.6 -15 Human Activity. Prior to issuance of a grading permit, Community Development permits (consistent with the the Applicant shall submit a fencing plan to the City of Newport Director approved Habitat Restoration Plan) Beach (City) for review to demonstrate that access to the open Qualified Biologist designated space within the lowland shall be limited to designated access by the Community points that link to existing trails. To best protect habitat from human Development Director activity, fence rails shall be placed along the boardwalk trails. Signs shall be posted along the fence indicating that habitat within the lowland is sensitive because it supports Endangered species. The signage shall also provide information on biological resources within the lowland (e.g., coastal sage scrub, marsh, riparian habitats, and special status species). In addition, signage shall require that dogs be leashed in parks, along trails, and in any areas adjacent to open space. Brochure Preparation: Prior to MM 4.6 -16 Urban Wildlands Interface. To educate residents of the Community Development issuance of first residential building responsibilities associated with living at the wildland interface, the Director permit Applicant shall develop a wildland interface brochure. The brochure Qualified Biologist designated Brochure Distribution: A part of shall be included as part of the purchase /rental /lease agreements by the Community purchase /rental /lease agreements for the Project residents. The brochure shall address relevant Development Director issues, including the role of natural predators in the wildlands (e.g., coyotes' predation of pets) and how to minimize impacts of humans and domestic pets on native communities and their inhabitants (e.g., outdoor cats' predation of native birds, lizards, and small mammals). The brochure shall also address invasive species that shall be avoided in landscaping consistent with MM 4.6 -14. 44 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 45 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Population, Housing, and Employment Application for Site Development PDF 4.7 -1 The Master Development Plan includes a range of Community Development Review for development of land housing types to meet the housing needs of a variety of economic Director uses within the Residential Districts; segments of the community to be designed to appeal to different Visitor- Serving Resort and age groups and lifestyles. Residential District; Mixed -Use and Residential District; and the Parks and Recreation District Annual Development Agreement review As identified in AHIP as a part of SC 4.7 -1 An Affordable Housing Implementation Plan (AHIP) is City Council Project approval required that specifies how the development will meet the City's Community Development affordable housing goal. Director Recreation and Trails As identified on the Master PDF 4.8 -1 The Master Development Plan and Tentative Tract Map Recreation and Senior Development Plan and Tentative provide for approximately 51 gross (42 net) acres of public parkland Services Director; Public Tract Map No. 17308 in the form of an approximately 27 gross acre (22 net acre) public Works Director; Community Conditions of approval of Tentative Community Park, 2 bluff parks comprising approximately 21 gross Development Director Tract Map No. 17308 and (18 net) acres, and 3 interpretive parks containing approximately 4 subsequent subdivision maps for gross (3 net) acres. Of the approximately 27 gross acres for the development purposes public Community Park, approximately 22 gross (18 net) acres will As part of applications for Site be offered for dedication to the City which exceeds the City's Development Review for Municipal Code requirement for park dedication for the 1,375 unit development of land uses within the Project, which is approximately 15 acres. Residential Districts; Visitor - Serving Resort and Residential District; Mixed -Use and Residential District; and the Parks and Recreation District Annual Development Agreement review 45 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 46 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials As identified on the Master PDF 4.8 -2 The Master Development Plan provides a system of Recreation and Senior Development Plan and Tentative bicycle, pedestrian, and interpretive trails within the developed Services Director; Public Tract Map No. 17308 areas and the Upland and Lowland Open Space areas of the Works Director; Community Conditions of approval of Tentative Project. Development Director Tract Map No. 17308 and subsequent subdivision maps As part of applications for Site Development Review for development of land uses within the Residential Districts; Visitor - Serving Resort and Residential District; Mixed -Use and Residential District; and the Parks and Recreation District Annual Development Agreement review As a part of applications for Site PDF 4.8 -3 If permitted by all applicable agencies, a pedestrian and Recreation and Senior Development Review for land uses bicycle bridge over West Coast Highway will be provided, as set Services Director; Public in the Visitor - Serving Resort District forth in the Master Development Plan, from the Project site to a Works Director; Community location south of West Coast Highway to encourage walking and Development Director bicycling to and from the beach. Condition of approval of Tentative SC 4.8 -1 The Applicant shall comply with the City of Newport Recreation and Senior Tract Map No. 17308 and Beach Park Dedication and Fees Ordinance (City of Newport Services Director; Community subsequent subdivision maps for Beach Municipal Code Chapter 19.52). The City's tentative map Development Director development purposes review authority shall determine whether land dedication, an in lieu Land dedication at final map fee, or a combination of the two shall be required in conjunction recordation with its approval of a tentative map. Land dedications shall be In lieu fees prior to issuance of offered at the time of appropriate final map recordation, either on building permits the final map or by separate instrument. The City may further clarify improvement and phasing requirements in a Development Agreement. 46 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 47 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Transportation and Circulation Conditions of approval of Tentative PDF 4.9 -1 In addition to mitigating traffic impacts of the Project, the City Traffic Engineer; Public Tract Map No. 17308 and transportation improvements included in the Master Development Works Director; Community subsequent subdivision maps for Plan provide arterial highway capacity needed to address existing Development Director development purposes demand as well as for planned growth in the region through implementing portions of the City's General Plan and the County's Master Plan of Arterial Highways. Conditions of approval of Tentative PDF 4.9 -2 The Development Agreement requires that arterial City Traffic Engineer; Tract Map No. 17308 and roadway improvements and contributions toward off -site Community Development subsequent subdivision maps for improvements be provided earlier in the development phasing Director development purposes program than needed to mitigate Project traffic impacts and requires that contributions toward off -site improvements be provided early relative to the development phasing. As identified on the Master PDF 4.9 -3 The Master Development Plan includes a new arterial City Traffic Engineer; Development Plan and Tentative connection between West Coast Highway and 19th Street that will Community Development Tract Map No. 17308 provide enhanced access to and from southwest Costa Mesa which Director Conditions of approval of Tentative will contribute to the mitigation of the impacts of projected regional Tract Map No. 17308 and growth. subsequent subdivision maps for development purposes As part of subdivision improvement SC 4.9 -1 Sight distance at all intersections shall comply with City of City Traffic Engineer plans Newport Beach standards. Conditions of approval of Tentative SC 4.9 -2 In compliance with Municipal Code Chapter 15.38, Fair City Traffic Engineer; Tract Map No. 17308 and Share Traffic Contribution Ordinance, the Applicant shall be Community Development subsequent subdivision maps for responsible for the payment of fair share traffic fees or right -of -way Director development purposes dedication or traffic improvements or a combination thereof. Prior to the issuance of grading SC 4.9 -3 Traffic Management Plan. Prior to issuance of any grading City Traffic Engineer permits permit, the Applicant shall prepare for City of Newport Beach Traffic Traffic Engineer Registered Tr r Tr neerc Engineer review and approval a Construction Area Traffic designated the City Management Plan for the Project for the issuance of a Haul Route Engineer Permit. The Plan shall be designed by a registered Traffic Engineer. The Traffic Management Plan shall identify construction phasing and address traffic control for any temporary street closures, detours, or other disruptions to traffic circulation and public transit routes. The Plan shall identify the routes that construction vehicles shall use to access the site, the hours of construction traffic, traffic controls and detours, vehicle staging areas, and parking areas for 47 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 48 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials the Project. Advanced written notice of temporary traffic disruptions shall be provided to emergency service providers and the affected area's businesses and the general public. This notice shall be provided at least two weeks prior to disruptions. The Applicant shall ensure that construction activities requiring more than 16 truck (i.e., multiple axle vehicle) trips per hour on West Coast Highway, such as excavation and concrete pours, shall be prohibited between June 1 and September 1 to avoid traffic conflicts with beach and tourist traffic. At all other times, such activities on West Coast Highway shall be limited to 25 truck (i.e., multiple axle vehicle) trips per hour unless otherwise approved by the City of Newport Beach Traffic Engineer. Haul operations shall be monitored by the City of Newport Beach Public Works Department, and additional restrictions may be applied if traffic congestion problems arise. A staging area shall be designated on site for construction equipment and supplies to be stored during construction. No construction vehicles shall be allowed to stage on off -site roads during the grading and construction period. 48 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Conditions of approval of Tentative Tract Map No. 17308 and subsequent subdivision maps for development purposes Location Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Restripe the southbound approach on Newport Timing Mitigation Measures Implementation Date Initials Conditions of approval of Tentative MM 4.9 -1 Table A identifies the City of Newport Beach (City) City Traffic Engineer; Note: The proposed improvement is limited to 9 Tract Map No. 17308 and transportation improvement mitigation program for the Project as Community Development restriping of the southbound approach. No physical subsequent subdivision maps for well as the Applicant's fair -share responsibility for the Director necessary and no changes to the right -of -way development purposes improvements. The resulting levels of service are identified in Table should be required. B. In accordance with the requirements of the Traffic Phasing Ordinance, the improvements shall be completed during the 60 months immediately after approval. Approval refers to the receipt of all permits from the City and applicable regulatory agencies. Concept plans depicting these recommended improvements are provided in Appendix F to the Newport Banning Ranch EIR. TABLE A CITY OF NEWPORT BEACH TRAFFIC MITIGATION REQUIREMENTS Conditions of approval of Tentative Tract Map No. 17308 and subsequent subdivision maps for development purposes Location Improvement Restripe the southbound approach on Newport Boulevard to provide one exclusive right -turn lane, one exclusive left -turn lane, and one shared right - Newport /left -turn lane. Note: The proposed improvement is limited to 9 Blvd / West Coast Hwy restriping of the southbound approach. No physical changes to the roadway section are anticipated to be necessary and no changes to the right -of -way should be required. MM 4.9 -2 Table C identifies the City of Costa Mesa transportation improvement mitigation program proposed for the Project. The resulting levels of service are identified in Table D. The Applicant shall be responsible for using its best efforts to negotiate in good faith to arrive at fair and responsible arrangements to either pay fees and /or construct the required improvements in lieu of the payment of fees to be negotiated with the City of Costa Mesa. The payment of fees and /or the completion of the improvements shall be completed during the 60 months immediately after approval. Approval refers to the receipt of all permits from the City of Newport Beach and applicable regulatory agencies. Concept plans depicting these recommended improvements are provided in Appendix F to the Newport Banning Ranch EIR. City of Costa Mesa; City Traffic Engineer 49 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 50 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials TABLE C CITY OF COSTA MESA TRAFFIC MITIGATION REQUIREMENTS Location Improvement Install a traffic signal. Monrovia Note: The improvement would be limited to the installation 28 Ave/ 19'" St of the traffic signal. No physical changes to the roadway section are anticipated; no right -of -way is anticipated to be required Provide a second southbound left -turn on Newport Boulevard. Note: The proposed improvement is anticipated to require 34 Newport Blvd/ 19th St modifications to the medians and incremental widening of the street on one or both sides of the roadway depending on the final design. Additional right -of -way may be required on one or both sides of Newport Boulevard. Direct physical impacts are anticipated to be limited to roadway components including median hardscape and landscape. Addition of a fourth southbound through lane on Newport Boulevard. Improve the southbound approach of Newport Boulevard to provide three through lanes and one shared 36 Newport Blvd/ Harbor Blvd through /right -tum lane and to improve the south leg to accommodate a fourth receiving lane. Note: Direct physical impacts are anticipated to be limited to roadway components, including median hardscape and landscape improvements, and sidewalk modifications both to the north and south of the intersection. No existing structures or on- street parking would be impacted. Convert the southbound right -turn lane (southbound approach) of Newport Boulevard to provide a 37 Newport Blvd/ 18" St (Rochester St) through /right -turn lane and to improve the south leg to accommodate a fourth receiving lane. Note: This improvement has been conditioned on the Hoag Health Center project. Direct physical impacts are anticipated to be limited to roadway components, including median hardscape and landscape improvements, and sidewalk modifications both to the north and south of the intersection. 50 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Prior to issuance of first grading or demolition permit Prior to the issuance of first grading permit As part of subdivision improvement plans MM 4.9 -3 Prior to the introduction of combustible materials on the Project site, emergency fire access to the site shall be approved by the City of Newport Beach's Public Works and Fire Departments. MM 4.9-4 Prior to the start of grading, the Applicant shall demonstrate to the City of Newport Beach Fire Department that all existing and new access roads surrounding the Project site are designated as fire lanes, and no parking shall be permitted unless the access way meets minimum width requirements of the Public Works and Fire Departments. Parallel parking on one side may be permitted if the road is a minimum 32 feet in width. City Traffic Engineer; Fire Chief City Traffic Engineer; Fire Chief 51 Planning Commission Draft Install a traffic signal. Note: The improvement would be limited to the installation Pomona 42 Ave/ 17"' St of the traffic signal. No physical changes to the roadway section are anticipated; no right -of -way is anticipated to be required. Modify the westbound approach to provide one left, one shared through /left, one through, and one right -turn lane. This will require split phasing signal operation. 43 Superior Ave/ 17"' St Note: The proposed improvement is limited to signal operation modifications. No physical changes to the roadway section are anticipated to be necessary and no changes to the right -of -way should be required. Add a fourth through lane on the southbound approach and a dedicated right -turn lane on the northbound approach. Note: The proposed improvement in anticipated to require modifications to the medians and incremental widening of Newport the street on one or both sides of the roadway depending 44 Blvd/ 17" St on the final design. Improvements may also require modifications to the frontage road along the easterly side of Newport Boulevard. Additional right -of -way may be required on one or both sides of Newport Boulevard. Direct physical impacts are anticipated to be limited to roadway components including median hardscape and landscape. MM 4.9 -3 Prior to the introduction of combustible materials on the Project site, emergency fire access to the site shall be approved by the City of Newport Beach's Public Works and Fire Departments. MM 4.9-4 Prior to the start of grading, the Applicant shall demonstrate to the City of Newport Beach Fire Department that all existing and new access roads surrounding the Project site are designated as fire lanes, and no parking shall be permitted unless the access way meets minimum width requirements of the Public Works and Fire Departments. Parallel parking on one side may be permitted if the road is a minimum 32 feet in width. City Traffic Engineer; Fire Chief City Traffic Engineer; Fire Chief 51 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 52 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Condition of approval of Tentative MM 4.9 -5 Prior to the displacement of any private parking spaces Recreation and Senior Tract Map No. 17308 and associated with improvements to 15' Street, the Applicant shall be Services Director; City Traffic subsequent subdivision maps for responsible for the construction of replacement parking on the Engineer; Community development purposes Project site within the Community Park site or in a location Development Director As part of Community Park immediately proximate to the existing parking lot. improvement plan if located within Community Park As part of subdivision improvement plans Air Quality Application for Site Development PDF 4.10 -1 The Master Development Plan provides for commercial Community Development Review for development of land uses, in the Mixed - Use /Residential and Visitor - Serving Resort/ Director uses within the Residential Districts; Residential Land Use Districts, within walking distance of the Visitor - Serving Resort and proposed residential neighborhoods and nearby residential areas to Residential District; Mixed -Use and reduce vehicle trips and vehicle miles traveled. Residential District; and the Parks and Recreation District Annual Development Agreement review Application for Site Development PDF 4.10 -2 The Master Development Plan provides a network of Recreation and Senior Review for development of land public pedestrian and bicycle trails to reduce auto - dependency by Services Director; Community uses within the Residential Districts; connecting proposed residential neighborhoods to parks and open Development Director Visitor - Serving Resort and space within the Project site and to off -site recreational amenities, Residential District; Mixed -Use and such as the beach and regional parks and trails. Residential District; and the Parks and Recreation District Conditions of tentative tract map approval Annual Development Agreement review Prior to issuance of each grading SC 4.10 -1 Dust Control. During construction of the proposed Community Development permit and building permit Project, the Project Developer shall require all construction Director, Public Works Monitor during grading and contractors to comply with South Coast Air Quality Management Director construction District's (SCAQMD's) Rules 402 and 403 in order to minimize short-term emissions of dust and particulates. SCAQMD Rule 402 requires that air pollutant emissions not be a nuisance off site. SCAQMD Rule 403 requires that fugitive dust be controlled with 52 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Refers to a road to the top of the pile. 53 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Best Available Control Measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. This requirement shall be included as notes on the contractor specifications. Table 1 of Rule 403 lists the Best Available Control Measures that are applicable to all construction projects. The measures include, but are not limited to, the following: a. Clearing and grubbing: Apply water in sufficient quantity to prevent generation of dust plumes. b. Cut and fill: Pre -water soils prior to cut and fill activities and stabilize soil during and after cut and fill activities. c. Earth - moving activities: Pre -apply water to depth of proposed cuts; re -apply water as necessary to maintain soils in a damp condition and to ensure that visible emissions do not exceed 100 feet in any direction; and stabilize soils once earth- moving activities are complete. d. Importing /exporting of bulk materials: Stabilize material while loading to reduce fugitive dust emissions; maintain at least six inches of freeboard on haul vehicles; and stabilize material while transporting to reduce fugitive dust emissions. e. Stockpilesrbu/k material handling: Stabilize stockpiled materials; stockpiles within 100 yards of off -site occupied buildings must not be greater than 8 feet in height, must have a road bladed to the top° to allow water truck access, or must have an operational water irrigation system that is capable of complete stockpile coverage. f. Traffic areas for construction activities: Stabilize all off -road traffic and parking areas; stabilize all haul routes; and direct construction traffic over established haul routes. Rule 403 defines large operations as projects with 50 or more acres of grading or with a daily earth - moving volume of 5,000 cubic yards at least 3 times in 1 year. The Project is considered a large operation. Large operations are required to implement additional dust - control measures (as specified in Tables 2 and 3 of Rule 403); provide additional notifications, signage, and reporting; and appoint a Dust Control Supervisor. The Dust Control Supervisor is required to: Refers to a road to the top of the pile. 53 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 54 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials • Be employed by or contracted with the Property Owner or Developer; • Be on the site or available on site within 30 minutes during working hours; • Have the authority to expeditiously employ sufficient dust mitigation measures to ensure compliance with all Rule 403 requirements; and • Have completed the AQMD Fugitive Dust Control Class and have been issued a valid Certificate of Completion for the class. Identify in contractor specifications; SC 4.10 -2 Architectural Coatings. Architectural coatings shall be Community Development monitored by City prior to issuance selected so that the VOC content of the coatings is compliant with Director of first building permit for each SCAQMD Rule 1113. This requirement shall be included as notes subdivision or commercial /mixed on the contractor specifications. use area Identify on approved building construction plans Prior to the issuance of grading MM 4.10.1 Off -road Construction Equipment Engines. Prior to Community Development permits issuance of a grading permit, the Applicant /Master Developer shall Director Prior to December 31, 2014, all off- demonstrate to the City of Newport Beach that construction road diesel - powered construction documents require the construction contractors to implement the equipment greater than 50 hp shall following measures: meet Tier 3 standards a. Prior to December 31, 2014: All off -road diesel - powered After January 1, 2015, all off -road construction equipment greater than 50 horsepower (hp) diesel - powered construction shall meet Tier 3 off -road emissions standards. equipment shall meet Tier 4 b. After January 1, 2015: All off -road diesel - powered standards construction equipment greater than 50 horsepower (hp) At mobilization for each unit shall meet Tier 4 off -road emissions standards. c. A copy of each unit's certified Tier specification shall be provided at the time of mobilization of each applicable unit of equipment. Prior to the issuance of grading MM 4.10 -2 Construction Site Design and Operation. Prior to Community Development permits issuance of a grading permit, the Landowner /Master Developer Director Identify in approved grading and shall demonstrate to the City of Newport Beach that construction construction plans documents require the construction contractors to implement the following measures or provide information and data that demonstrates that implementation would not be feasible: a. Electricity shall come from power poles rather than diesel- or 54 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 55 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials gasoline - fueled generators, compressors, or similar equipment; b. Construction parking shall be configured to minimize traffic interference; c. Construction trucks shall be routed away from congested streets and sensitive receptors; d. Construction activities that affect traffic flow on the arterial system shall be scheduled to off -peak hours to the extent practicable; e. Temporary traffic controls, such as a flag person(s), shall be provided where necessary to maintain smooth traffic flow; and f. Dedicated turn lanes for movement of construction equipment on- and off -site and signal synchronization shall be provided as necessary to maintain smooth traffic flow. Prior to the issuance of grading MM 4.10.3 Construction Equipment Operation. Prior to issuance of Community Development permits a grading permit, the Landowner /Master Developer shall Director Identify in approved grading and demonstrate to the City of Newport Beach that construction construction plans documents require the construction contractors to implement the following measures: a. All construction equipment shall be tuned and maintained in accordance with the manufacturer's specifications; b. Diesel truck idling time shall be five minutes or less, both on- and off -site; and c. Work crews shall shut off diesel equipment when not in use. Prior to the issuance of grading MM 4.10 -4 Construction Ridesharing and Transit Incentives. Prior to Community Development permits issuance of a grading permit, the Landowner /Master Developer Director Identify in approved grading and shall provide copies of construction documents to the City of construction plans Newport Beach showing that these documents include a statement that the construction contractors shall support and encourage ridesharing and transit incentives for the construction crews. Prior to the issuance of grading MM 4.10 -5 Fugitive Dust — Supplementary Measures. Prior to Community Development permits issuance of each grading permit, the Landowner /Master Developer Director Identify in approved grading and shall demonstrate to the City of Newport Beach that construction construction plans documents and grading plans include the following: a. The contractor shall suspend grading operations when wind gusts exceed 15 miles per hour; b. The contractor shall take measures (such as additional 55 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 56 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials watering or the application of chemical suppressants) to stabilize disturbed areas and stockpiles prior to non -work days if windy conditions are forecasted for a weekend, holiday, or other day when site work is not planned. c. The contractor shall re -apply water as necessary during grading and earth- moving to ensure that visible emissions do not extend to residences or schools. Prior to the issuance of grading MM 4.10 -6 Paving of Bluff Road. Prior to issuance of a grading Public Works Director; permits permit, the Landowner /Master Developer shall demonstrate to the Municipal Operations Director Identified in approved grading and City of Newport Beach that construction plans and schedule require construction plans (i.e., schedule) the construction and paving of Bluff Road between West Coast Highway and 15` Street as early as feasible in order to minimize dust generation by vehicles using the roadway. Prior to the issuance of grading MM 4.10 -7 Fugitive Dust — Street Sweeping. Prior to issuance of a Public Works Director; permits grading permit, the Landowner /Master Developer shall demonstrate Municipal Operations Director Identified in approved grading and to the City of Newport Beach that construction documents require construction plans the construction contractors to sweep paved roads within and adjacent to the Project site if visible soil materials are carried to the Ongoing maintenance streets. Street sweepers or roadway washing trucks shall comply with SCAQMD Rule 1186 and shall use reclaimed water, if available. Prior to the start of grading and MM 4.10 -8 Notification of Receptors. The Landowner /Master Public Works Director; construction activities Developer shall distribute a notice to all residents, schools, and Municipal Operations Director other facilities within 100 feet of the Project site that states the following or similar "the environmental analysis identifies a potential for excess dust pollution for short periods during heavy grading. Extra measures shall be taken to prevent the dust from leaving the Project site, but persons should be aware of the potential for pollution ". This notice may be combined with the notice described in MM 4.10 -9. Condition of approval of Tentative MM 4.10.9 Construction Complaint Resolution. The Landowner/ Public Works Director; Tract Map No. 17308 and Master Developer shall appoint a person as a contact for complaints Municipal Operations Director subsequent subdivision maps relative to construction impacts to the adjacent neighborhoods. A During grading and construction contact telephone number and email address shall be posted on activities signs at the construction site and shall be provided by mail to all residents within 500 feet of the Project site. Upon receipt of a Response to complainant within two o complaint, the designated contact person shall investigate the working days the compliant and complaint and shall develop corrective action, if needed. The 56 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 57 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials action taken to the City designated contact person shall respond to the complainant within Maintain log of all complaints and two working days to describe the results of the investigation, and resolutions submit a report of the complaint and action taken to the City of Newport Beach. The designated contact person shall maintain a log of all complaints and resolutions. Prior to the issuance of building MM 4.10 -10 Bicycle Facilities. Prior to the issuance of building Community Development permits permits for the following specific components of the Project, the Director Applicant shall demonstrate to the City of Newport Beach that: a. The plans for multi - family residences shall identify the provision of a minimum of one on -site bicycle space per ten dwelling units. b. The plans for commercial development in the Mixed - use /Residential District shall identify the provision of a minimum of 1 on -site bicycle space per 2,500 gross square feet (gsf) of commercial area. c. The plans for resort inn and support commercial areas in the Visitor - Serving Resort District (or visitor - serving commercial if the resort is not built) within the Visitor - Serving Resort/Residential: Provide on -site bicycle rack(s) with a minimum of 1 bicycle space per 2,500 gsf of the resort inn building (or commercial square footage if the resort inn is not built). d. Bicycle racks shall support the frame of the bike and not just one wheel; shall allow the locking of the frame and one wheel to the rack; shall be easily usable by both cable and U- locks; and shall be usable by a wide variety of bikes, including those with water bottle cages and with and without kickstands. e. There shall be clear access routes from bike lanes to bicycle racks in order to avoid riding through parking lots. 57 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 58 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Prior to the issuance of occupancy MM 4.10 -11 Conservation Education — Mobile Sources. The future Community Development permits homeowners associations for Newport Banning Ranch shall be Director As a part of annual Development required to provide educational information on mobile source Agreement review emission reduction techniques (such as use of alternative modes of transportation and zero- or low- emission vehicles) to all homeowners as part of purchase closing documents for the purchase of a property and annually after the close of escrow. The homeowners associations shall provide an annual report of conservation educational materials distributed to homeowners to the City of Newport Beach. Condition of approval of Tentative MM 4.10 -12 Conservation Education — Consumer Products. The Community Development Tract Map No. 17308 and future homeowners associations for Newport Banning Ranch shall Director subsequent subdivision maps for be required to provide educational informaton on the positive development purposes benefits of using consumer products with low or no- volatile organic Incorporate into Project CC &Rs compounds (VOCs) (such as paint thinners and solvents) to all Prior to the issuance of occupancy homeowners as part of purchase closing documents for the purchase of a property and annually after the close of escrow. permits As a part of annual Development Agreement review Condition of approval of all Site MM 4.10 -13 Odor Complaints. The future homeowners associations Community Development Development Review and /or for Newport Banning Ranch shall be required to advise residents Director Conditional Use Permits for that complaints about offensive odors may be reported to the City residential uses using the Quest online format on the City web site and /or to the As part of CC &Rs South Coast Air Quality Management District at 1- 800 - CUT -SMOG (1- 800 - 288 - 7664). Prior to the issuance of occupancy permits Asa part of annual Development Agreement review 58 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 59 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Greenhouse Gas Emissions Applications and conditions of PDF 4.11 -1 The Newport Banning Ranch Planned Community Community Development approval for Site Development Development Plan and the Master Development Plan require that Director Review for development of land the Project be consistent with a recognized green building programs uses within the Residential Districts; that exist at the time of final Project approval such as, but not limited Visitor - Serving Resort and to, Build It Green, the U.S. Green Building Council's (USGBC's) Residential District; Mixed -Use and Leadership in Energy and Environmental Design— Neighborhood Residential District; and the Parks Development (LEED- ND TM), California Green Builder, or National and Recreation District Association of Home Builders' National Green Building Standard TM. As part of building permits Application and conditions of PDF 4.11 -2 The Newport Banning Ranch Planned Community Community Development approval for Site Development Development Plan and the Master Development Plan require the Director Review for development of land Project to exceed adopted 2008 Title 24 energy requirements by a uses within the Residential Districts; minimum of five percent. Visitor - Serving Resort and Residential District; Mixed -Use and SC 4.11 -1 Energy Efficiency Standards. The Project shall be built in Residential District; and the Parks accordance with the California 2008 Building Energy Efficiency and Recreation District Standards for Residential and Nonresidential Buildings, commonly identified as the "2008 Title 24 Energy Efficiency Standards' or the As part of building permits version of these standards current at the time of the issuance of each building permit. Conditions of approval of Tentative PDF 4.11 -3 The Master Development Plan and the Newport City Traffic Engineer Tract Map No. 17308 and Banning Ranch Planned Community Development Plan require the Community Development subsequent subdivision maps for Project to be coordinated with Orange County Transportation Director development purposes Authority (OCTA) to allow for a transit routing through the Orange County Transportation As part of application for Site community, and will provide bus stops and /or shelters as needed in Authority (OCTA) Development Review for the community to accommodate the bus routing needed by OCTA. development of land uses within the Residential Districts; Visitor - Serving Resort and Residential District; Mixed -Use and Residential District; and the Parks and Recreation District Conditions of approval of Site PDF 4.11 -4 The Newport Banning Ranch Planned Community Municipal Operations Director; Development Review for Development Plan and the Master Development Plan require that all Community Development development of land uses within the residential development incorporate the following measures, which Director Building Division Residential Districts; Visitor - Serving will be reflected on and incorporated into every application for a final Manager, or designated Resort and Residential District; subdivision map that creates residential lots: representatives 59 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 60 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Mixed -Use and Residential District; a. Builder - installed indoor appliances, including dishwashers, and the Parks and Recreation showers, and toilets, will be low water -use. Homeowners District Association (HOA) owned and operated public and /or As part of building permits common area men's restrooms will be required to feature waterless urinals. b. Smart Controller irrigation systems will be installed in all public and common area landscaping. Community landscape areas will be designed on a "hydrozone" basis to group plants according to their water requirements and sun exposure. c. Air conditioning units will be Freon -free. d. Concrete for paving in public infrastructure and Project common areas will not be acid - washed unless mandated by agency requirements. e. The future homeowners association for Newport Banning Ranch will be required to provide educational information on recycling to all homeowners prior to individual purchase of property and again annually. f. Multimetering "dashboards' will be provided in each dwelling unit to visualize real -time energy use. g. Single- family detached residential roofs, commercial building roofs, and HOA owned public building roofs, which have adequate solar orientation shall be designed to be compatible with the installation of photovoltaic panels or other current solar power technology. Application for Site Development PDF 4.11 -5 The Newport Banning Ranch Planned Community Community Development Review for development of land Development Plan and the Master Development Plan require that Director uses within the Residential Districts; the following measures be implemented during initial project grading Visitor - Serving Resort and activities and will be incorporated into all grading permit applications Residential District; Mixed -Use and submitted to the City: Residential District; and the Parks a. Construction waste diversion will be increased by 50 percent and Recreation District from 2010 requirements. During initial project grading b. To the extent practical, during the oilfield clean -up and activities remediation process, the Landowner /Master Developer will Incorporated into all grading permit be required to recycle and reuse materials on site to applications minimize off -site hauling and disposal of materials and associated off -site traffic. 60 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 5 The requirements in this measure are in addition to those of PDF 4.11 -4f, but may be distributed and /or grouped together by the homeowners associations. The mobile source emissions component of this measure is the same as MM 4.10 -7. 61 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Prior to the issuance of occupancy MM 4.11 -1 Prior to the issuance of each occupancy permit, the Community Development permits Applicant shall submit for approval to the Community Development Director Submit plan for the applicable future Director the plan for the applicable future homeowners association homeowners association to provide educational information on (1) water conservation; (2) energy conservation, including the use of energy - efficient lighting and the limiting of outdoor lighting; (3) mobile source emission reduction techniques, such as use of alternative modes of transportation and zero- or low- emission vehicles; and (4) the use of solar heating, automatic covers, and efficient pumps and motors for pools and spas to all homeowners prior to individual purchase of property and again annually.5 Prior to the issuance of building MM 4.11 -2 Prior to the issuance of the building permit for the resort Community Development permits for the resort inn and each inn and each building permit for a multi - family complex with a Director building permit for a multi - family swimming pool or spa, the Applicant shall submit for approval to the complex Community Development Director that the plans incorporate energy efficient heating, pumps and motors. Prior to the issuance of building MM 4.11 -3 Prior to the issuance of each building permit, the Public Works Director; permits Applicant shall submit for approval to the Public Works Director that Municipal Operations Director light emitting diode (LED) lights shall be used for traffic lights and LED or similar energy - efficient lighting will be used for street lights and other outdoor lighting. Prior to the issuance of building MM 4.11 -4 Prior to the issuance of each building permit for multi- Municipal Operations Director; permits for multi - family buildings, family buildings, parks, and other public spaces, the Applicant shall Community Development parks, and other public spaces submit for approval to the Community Development Director that Director the plans include the installation of facilities for the collection of recyclable materials consistent with the recycle requirements of the City and the local waste collection contractor. Prior to the issuance of building MM 4.11 -5 Prior to the issuance of each building permit for multi- Community Development permits for multi - family buildings family buildings with subterranean parking and the resort inn, the Director and the resort inn Applicant shall submit for approval to the Community Development Director that the plans include the (1) the designation of a minimum of three percent of the parking spaces for electric or hybrid vehicles and (2) installation of facilities for Level 2 electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes 5 The requirements in this measure are in addition to those of PDF 4.11 -4f, but may be distributed and /or grouped together by the homeowners associations. The mobile source emissions component of this measure is the same as MM 4.10 -7. 61 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 62 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials this installation infeasible. Prior to the issuance of each building permit for residential buildings with attached garages, the Applicant shall submit for approval to the Community Development Director that the plans (1) identify a specific place or area for a Level 2 charging station could be safely installed in the future; (2) includes the necessary conduit to a potential future Level 2 charging station; and (3) the electrical load of the building can accommodate a Level 2 charging station. Prior to the issuance of building MM 4.11 -6 Prior to the issuance of each building permit for multi- Community Development permits for multi - family buildings, family buildings, commercial building, park, and other public space, Director commercial building, park, or other the Applicant shall submit for approval to the Community public space Development Director that the plans include the installation of bicycle parking spaces at each facility. Bicycle spaces for residents and employees shall be easily accessible and secure. Bicycle spaces for visitors and customers, in parks, and in public spaces shall be visible from the primary entrance, illuminated at night, and protected from damage from moving and parked vehicles. Noise As part of grading permit and SC 4.12 -1 To ensure compliance with Newport Beach Municipal Community Development building permit Code Section 10.28.040, grading and construction plans shall Director Implement during grading and include a note indicating that loud noise - generating Project construction construction activities (as defined in Section 10.28.040 of the Newport Beach Noise Ordinance) shall take place between the hours of 7:00 AM and 6:30 PM on weekdays and from 8:00 AM to 6:00 PM on Saturdays. Loud, noise - generating construction activities are prohibited on Sundays and federal holidays. Prior to the issuance of building SC 4.12 -2 HVAC units shall be designed and installed in Community Development permits accordance with Section 10.26.045 of the Newport Beach Noise Director Ordinance, which specifies the maximum noise levels for new HVAC installations and associated conditions. Prior to the issuance of building SC 4.12 -3 All residential and hotel units shall be designed to ensure Community Development permits that interior noise levels in habitable rooms from exterior Director transportation sources (including aircraft and vehicles on adjacent roadways) shall not exceed 45 dBA CNEL. This SC complies with the applicable sections of the California Building Code (Title 24 of the California Code of Regulations) and, for single- family detached residences, exceeds the requirements of Section 10.26.025 of the Noise Ordinance. Prior to granting of a building permit, the 62 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 63 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Developer /Applicant shall submit to the City of Newport Beach Community Development Department, Building Division Manager or his /her designee for review and approval architectural plans and an accompanying noise study that demonstrates that interior noise levels in the habitable rooms of residential units due to exterior transportation noise sources would be 45 dBA CNEL or less. Where closed windows are required to achieve the 45 dBA CNEL limit, Project plans and specifications shall include ventilation as required by the California Building Code. As part of subdivision improvement SC 4.12 -4 In accordance with City of Newport Beach standards, Public Works Director plans rubberized asphalt, or pavements offering equivalent or better acoustical properties shall be used to pave all public arterials on the Project site and all off -site City of Newport Beach roads where improvements would be provided or required as a part of the Project. Prior to issuance of grading permits MM 4.12 -1 Grading plans and specifications shall include temporary Public Works Director; Identify in approved grading and noise barriers for all grading, hauling, and other heavy equipment Community Development construction plans operations that would occur within 300 feet of sensitive off -site Director Implement during grading and receptors and occur for more than 20 working days. The noise barriers shall be 12 feet high, but may be shorter if the top of the construction barrier is at least one foot above the line of sight between the equipment and the receptors. The barriers shall be solid from the ground to the top of the barrier, and have a weight of at least 2.5 pounds per square foot, which is equivalent to 3/4 inch thick plywood. The barrier design shall optimize the following requirements: (1) the barrier shall be located to maximize the interruption of line of sight between the equipment and the receptor, which is normally at the top of slope when the grading area and receptor are at different elevations. However, a top of slope location may not be feasible if the top of slope is not on the Project site; (2) the length and of the barrier shall be selected to block the line of sight between the grading area and the receptors; (3) the barrier shall be located as close as feasible to the receptor or as close as feasible to the grading area; a barrier is least effective when it is at the midpoint between noise source and receptor. If preferred by the developer or contractor, the construction of a temporary earth berm may be used as the noise barrier. Earth berms provide greater noise reduction than wood or masonry walls 63 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 64 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials of the same height. A temporary noise barrier shall not be required when it is demonstrated to the Community Development Department, Building Division Manager or his /her designee that a barrier would not be feasible. Reasons may include, but not be limited to (1) the barrier would cause impacts more severe than the construction noise, (2) the barrier would interfere with the construction work, and (3) a property owner refuses to allow the barrier. Prior to the issuance of grading MM 4.12 -2 Prior to the start of grading, the Construction Manager Public Works Director; permits shall provide evidence acceptable to the City of Newport Beach Community Development Public Works Director and /or Community Development Director, Director that: a. All construction vehicles or equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers; mufflers shall be equivalent to or of greater noise reducing performance than manufacturer's standard. b. Stationary equipment, such as generators, cranes, and air compressors, shall be located as far from local residences and the Carden Hall School as feasible. Where stationary equipment must be located within 250 feet of a sensitive receptor, the equipment shall be equipped with appropriate noise reduction measures (e.g., silencers, shrouds, or other devices) to limit the equipment noise at the nearest sensitive residences to 65 dBA Leq. c. Equipment maintenance, vehicle parking, and material staging areas shall be located as far away from local residences and the Carden Hall School as feasible. As part of grading permits for MM 4.12 -3 At least two weeks prior to the start of any grading Public Works Director; grading activities occurring within operation or similar noise generating activities within 300 feet of Community Development 300 feet of residences or Carden residences or the Carden Hall school, the contractor shall notify Director Hall school affected residents and the school of the planned start date, duration, nature of the construction activity, and noise abatement measures to be provided. The notification shall include a contact telephone number for questions and the submittal of any complaints of excess, unanticipated noise. 64 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 65 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials As part of grading permits for MM 4.12 -4 During construction, the operation of large bulldozers, Public Works Director; grading activities occurring within vibratory rollers, and similar heavy equipment shall be prohibited Community Development 25 feet of an off -site residence within 25 feet of any existing off -site residence. Director Prior to the issuance of grading MM 4.12 -5 The Applicant shall provide evidence that funds have Public Works Director; permits for roadway construction of been deposited with the City of Newport Beach associated with the Community Development 15th Street and 17" Street cost of one -time resurfacing 15th Street west of Placentia Avenue Director with rubberized asphalt. The Applicant shall provide evidence to the City of Newport Beach that funds have been deposited with the City of Costa Mesa associated with the cost of one -time resurfacing 17t' Street west of Monrovia Avenue with rubberized asphalt. Prior to the issuance of a grading MM 4.12.6 Prior to the approval of a grading permit for Bluff Road Public Works Director; permit for Bluff Road and 15th Street and 15th Street, the Applicant shall demonstrate to the City of Community Development Identified in the Project plans and Newport Beach that the Project plans and specifications require the Director specifications construction and installation of a noise barrier to reduce future traffic noise from the Bluff Road and 15 Street to the Newport Crest residences. The Applicant shall provide an acoustical analysis prepared by a qualified Acoustical Engineer, of the proposed barrier, which may be a wall, an earth berm, or a berm -wall combination. The noise barrier, at a minimum, shall reduce forecasted future ground floor residential exterior noise levels to 60 dBA CNEL and second floor residential noise levels to 65 dBA CNEL. The barrier shall be solid from the ground to the top with no decorative cutouts and shall weigh at least 3.5 pounds per square foot of face area. The barrier may be constructed using masonry block, 1/4 inch thick glass, or other transparent material with sufficient weight per square foot. Concurrent with the issuance of the MM 4.12 -7 Prior to the issuance of a grading permit for Bluff Road Public Works Director; grading permit for Bluff Road and /or 15th Street, the Applicant shall provide written notice to Community Development Written notice within 45 days affected residents of an offer of a program (Program) for the retrofit Director following the receipt of the and installation of dual pane windows /sliding doors on the fagade proposed program from the facing the Newport Banning Ranch property. The Program offer Applicant shall only apply to the owners of the residences (Owners) with rear elevations directly adjacent to the Newport Banning Ranch property Applicant receives reimbursement in the western and northern boundaries of Newport Crest quest from the Association within request Condominiums impacted by significant noise levels (significant following completion of the being a cumulative increase over existing conditions greater than 5 work dBA) associated with the Project as determined by a licensed The Applicant reimburses the Acoustical Engineer. Improvements shall be subject to the approval Association for the cost of the work of the Newport Crest Homeowners Association (Association) and 65 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 66 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials within 30 days of the Applicant's Owners. The Applicant shall be responsible for the implementation receipt of a final receipt of the Program pursuant to the following provisions and guidelines: (i) in order to participate in the Program and receive new windows /sliders, each participating Owner must provide written notice to the Applicant within 45 days following receipt of the proposed Program from the Applicant, that the Owner wants to participate in the Program; (ii) failure to respond within such time period shall mean the Owner desires not to participate; (iii) following receipt of written notice from participating Owners, the Applicant shall obtain a cost estimate and submit written specifications from a licensed and bonded window contractor to the Owners and the Association for design /architectural approval; (iv) following receipt of design /architectural approval from the Owners and the Association of written specifications, the Applicant shall enter into a contract with a qualified, licensed and bonded contractor for the installation of windows /sliders to the participating Owners' condominiums as part of one overall Program pursuant to the contract between the Applicant and the contractor; (v) the total cost of the Program shall be paid by the Applicant on behalf of the Ownersin an amount not exceed the total cost identified in the cost estimate approved by the Applicant. Nothing in Mitigation Measure 4.12 -7 shall rohibit the City from issuing a grading permit for Bluff Road or 15` Street in the event any or all Owners decline to participate in the Program. 66 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 67 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Prior to final map recordation for the MM 4.12 -8 Prior to final map recordation for the residential areas Public Works Director; residential areas adjacent to Bluff adjacent to Bluff Road and North Bluff Road, including the Urban Community Development Road and North Bluff Road Colony, the Applicant shall provide an acoustical analysis prepared Director by a qualified Acoustical Engineer to the City of Newport Beach for review and approval. The analysis shall demonstrate that the residential exterior living areas including, but not limited to swimming pools, playgrounds, and patios, would be exposed to noise levels below 65 dBA CNEL. The acoustical analysis shall also demonstrate that the North Community Park has been designed such that permitted park activities would not exceed the City's Noise Ordinance standards at residential exterior living areas. This can be accomplished through site design or the construction of noise barriers. Barriers may be constructed using an earth berm, wall, or berm -wall combination. Walls may be masonry block, '' %- inch -thick glass, or other transparent material with sufficient weight per square foot. Conditions of approval of Site MM 4.12 -9 Truck deliveries and loading dock activities in Public Works Director; Development Review and commercial areas of the Project shall be restricted to between the Community Development Conditional Use Permit for hours of 7:00 AM and 10:00 PM on weekdays and Saturdays and Director commercial project within the Visitor shall be restricted to between the hours of 9:00 AM and 10:00 PM Serving Resort/Residential and on Sundays and federal holidays. Moreover, the Project Mixed Use /Residential Districts Applicant/Developer or his successors and assignees shall specify in the contract for each operator of a commercial space that truck deliveries and loading dock activities shall be restricted to these specified hours. As part of application for Site MM 4.12 -10 Loading docks shall be sited to minimize noise impacts Public Works Director; Development Review for applicable to adjacent residential areas. If loading docks or truck driveways are Community Development areas proposed as part of the Project's commercial areas within 200 feet Director Condition of approval of Site Development Review and of an existing home, an 8- foot -high screening wall shall be constructed to reduce potential noise impacts. Conditional Use Permit for commercial project within the Visitor Serving /Resort and Mixed Use /Residential Districts 67 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 68 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Prior to the approval of permits by MM 4.12 -11 Prior to the approval of a permit by the California Community Development DOGGR Department of Conservation, Department of Oil, Gas, and Director Geothermal Resources ( DOGGR) for the drilling of replacement oil California Department of wells in the Consolidated Oil Facility, the Applicant shall provide to Conservation, Department of the City of Newport Beach descriptions of the noise reduction Oil, Gas, and Geothermal methods to be used to minimize drilling activity noise. These Resources ( DOGGR) methods may include, as feasible, but not be limited to (1) use of electric power in place of internal combustion engines, and (2) acoustical blankets or similar shielding around elevated engines on drill rigs. Cultural and Paleontological Resources Prior to issuance of grading permits SC 4.13 -1 In accordance with Section 7050.5 of the California Community Development County Coroner: within 24 hours of Health and Safety Code, if human remains are found, the County Director a discovery Coroner shall be notified within 24 hours of the discovery. No further Qualified Archeologist excavation or disturbance of the site or any nearby area reasonably designated by the Community suspected to overlie adjacent remains shall occur until the County Development Director Coroner has determined, within two working days of notification of Native American Heritage the discovery, the appropriate treatment and disposition of the Commission (NAHC) (as human remains. If the County Coroner determines that the remains are or are believed to be Native American, s /he shall notify the necessary) Native American Heritage Commission (NAHC) in Sacramento within 24 hours. In accordance with Section 5097.98 of the California Public Resources Code, the NAHC must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendents shall complete their inspection within 48 hours of being granted access to the site. The designated Native American representative would then determine, in consultation with the property owner(s), the disposition of the human remains. Prior to issuance of grading permits MM 4.13 -1 Prior to the issuance of the first grading permit and /or Community Development Attendance of Archaeologist at pre- action that would permit Project site disturbance, the Director grade meeting Applicant/Contractor shall provide written evidence to the City of Qualified Archeologist Identify in approved grading and Newport Beach Community Development Department that the designated b the Community 9 y y construction plans Applicant/Contractor has retained a qualified Archaeologist to Development Director observe grading activities and to salvage and catalogue Qualified Native American Monitoring during archaeological and historic resources, as necessary. The Monitor as designated by the grading /disturbance activities, Archaeologist shall be present at the pre -grade conference; shall including monitoring by Native establish procedures for archaeological resource surveillance; and Community Development American Monitor as applicable shall establish, in cooperation with the Applicant/Contractor, Director 68 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 69 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts, as appropriate. If archaeological and /or historic resources are found to be significant, the Archaeologist shall determine appropriate actions, in cooperation with the City and Applicant/Contractor, for exploration and /or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Community Development Director. Based on their interest and concern about the discovery of cultural resources and human remains during Project grading, a qualified Native American Monitor(s) shall be retained to observe some or all grading activities. Nothing in this mitigation measure precludes the retention of a single cross- trained observer who is qualified to monitor for both archaeological and paleontological resources. Prior to issuance of grading permits MM 4.13 -2 The State CEQA Guidelines (14 CCR §15126.4[b][3]) Community Development for these areas. If impacts are to direct public agencies, wherever feasible, to avoid damaging Director occur, Research Design /Treatment historical resources of an archaeological nature, preferably by Qualified Archeologist and Mitigation Plan must be preserving the resource(s) in place. Several possibilities suggested designated by the Community prepared and completed prior to by the State CEQA Guidelines include (1) planning construction to Development Director issuance of grading permit avoid the site; (2) incorporating the site into open space; (3) capping Monitoring during grading/ the site with a chemically stable soil; and /or (4) deeding the site into disturbance activities a permanent conservation easement. The following is applicable for the three sites deemed eligible for listing on the CRHR or the NRHP as historical resources. Only CA -ORA -839 is also considered a unique archaeological resource. In this instance, mitigation is the same for both types of resources. CA -ORA -839 It should be possible to preserve the vast majority of the site in place in perpetuity to avoid further disturbance to it. However, it appears that the planned removal of oilfield infrastructure may impact portions of the site. In that event, the site shall undergo a. data recovery excavation of those areas that would be impacted. Research Design/Treatment and Mitigation Plan A Research Design /Treatment and Mitigation Plan (data recovery plan) shall be prepared by a qualified Archaeologist and approved by the City of Newport Beach Community Development Director prior to any excavation being undertaken. The Plan shall explicitly 69 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 70 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials lay out the methods to be used in the excavation and the scientifically consequential questions that the study will hope to answer; Data Recovery Data recovery excavation shall be completed prior to Project grading and shall be designed to recover the consequential data present on the site. Data recovery shall be sufficient to collect a representative sample of site constituents, including organic materials, to permit additional absolute dating of the deposit. The study shall include: a. Excavation of a sufficient number of Control Units and shovel test pits (STPs) to recover a representative sample of site constituents; b. Laboratory analysis of all recovered materials and creation of a computerized database of artifacts recovered; c. Completion of a Data Recovery Excavation /Mitigation Report detailing the results of the study; and Capping In addition, secondary impacts (e.g., increased foot traffic, erosion) could occur at the site after the Project has been constructed; therefore, the site shall be capped with chemically stable soil to preserve it in perpetuity. During grading operations, excess dirt shall be placed on the site to a sufficient depth to protect the deposit, but not cause unintended damage to it. Shallow- rooted vegetation (such as native coastal sage scrub) may be planted on the new surface. To ensure the integrity of the archaeological deposit, the current ground surface shall initially be covered with some form of horizon marker (e.g., by Mirafi, a polypropylene geotextile) to prevent the deposit from mixing with the covering material and to serve as a marker of the site if the covering is ever removed. The following relies on guidance provided by the National Park Service's Brief #5 Intentional Site Burial: A Technique to Protect Against Natural or Mechanical Loss (NPS 1989, revised 1991). The capping program must include submittal to the Community Development Department of a Site Capping Plan that includes: a. An evaluation by a qualified Archaeologist of the classes of archaeological components to be preserved and their suitability for preservation; 70 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 71 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials b. An analysis by a qualified Soils Scientist of the pH levels, compression strength, and permeability of the horizon marker and capping material to be used to ensure they fit the preservation needs of the site's constituents; c. Formulation of a plan by a qualified Civil /Structural Engineer that details how the cap would be physically constructed to ensure that (1) hydraulic changes over time, (2) erosion, and (3) the physical placement of the cap itself do not adversely impact the deposit; d. Archaeological monitoring during placement of the capping material; e. A Revegetation Plan, prepared by a qualified Biologist/ Restoration Specialist, that is designed to help stabilize the new land surface and to prevent future erosion at the cap surface; f. A plan of future monitoring of the site to ensure the long-term success of the capping program; and g. A report detailing the results of the capping effort. CA -ORA -844 Locus B CA- ORA -844B is not expected to be directly impacted by development. Oil infrastructure removal activities that would occur prior to grading are expected to adversely impact portions of the site. Indirect impacts from additional erosion of the unstable surface and increased population in the vicinity of the site as a result of the future development could cause further damage over time. Both capping and data recovery excavation are viable options for treating the site; however, because it has been disturbed by erosion and oil extraction activities, capping the deposit would be difficult and possibly more expensive and time consuming and may produce less desirable results than data recovery excavation. Considering these circumstances, two options are provided: (1) successful capping of the site, while likely difficult to accomplish, would be designed to protect the site in perpetuity or, preferably, (2) data recovery shall be undertaken prior to grading to collect the scientifically consequential data that is present in the site since it appears that only a small, yet important, portion of the site remains. Because of the limited size of this site, this option would enable the removal and analysis of the site in its entirety. 71 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 72 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Capping the deposit or data recovery would result in temporary impacts to approximately 0.92 acre of coastal sage scrub (0.29 acre of encelia scrub and 0.63 acre of cactus scrub). The Mitigation Program set forth in Section 4.6, Biological Resources, addresses this impact. Capping If option 1 is chosen, the site shall be capped with chemically stable soil to preserve it in perpetuity. During grading operations, excess dirt shall be placed on the site to a sufficient depth to protect the deposit, but not cause unintended damage to it. Shallow- rooted vegetation (such as native coastal sage scrub) may be planted on the new surface. To ensure the integrity of the archaeological deposit, the current ground surface shall initially be covered with some form of horizon marker (e.g., by Mirafi, a polypropylene geotextile) to prevent the deposit from mixing with the covering material and to serve as a marker of the site if the covering is ever removed. The following relies on guidance provided by the National Park Service's Brief #5 Intentional Site Burial: A Technique to Protect Against Natural or Mechanical Loss (NPS 1989, revised 1991). The capping program must include submittal to the Community Development Department of a Site Capping Plan that includes: a. An evaluation by a qualified Archaeologist of the classes of archaeological components to be preserved and their suitability for preservation; b. An analysis by a qualified Soils Scientist of the pH levels., compression strength, and permeability of the horizon marker and capping material to be used to ensure they fit the preservation needs of the site's constituents; c. Formulation of a plan by a qualified Civil /Structural Engineer that details how the cap would be physically constructed to ensure that (1) hydraulic changes over time, (2) erosion, and (3) the physical placement of the cap itself do not adversely impact the deposit; d. Archaeological monitoring during placement of the capping material; e. A Revegetation Plan, prepared by a qualified Biologist/Restoration Specialist, that is designed to help 72 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 73 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials stabilize the new land surface and to prevent future erosion at the cap surface; f. A plan of future monitoring of the site to ensure the long -term success of the capping program; and g. A report detailing the results of the capping effort. Data Recovery If option 2 is selected, data recovery excavation at CA -ORA -8446 shall be completed prior to Project grading and shall be designed to recover the consequential data present in the site and to remove site constituents. The study shall include: a. Development of a Research Design/Treatment and Mitigation Plan to explicitly lay out the methods to be used in the excavation and the scientifically consequential questions that the study will hope to answer. b. Excavation of a sufficient number of Control Units and STPs to recover a representative sample of site constituents. c. Controlled demolition /removal of the site by a small scraper under the direction of a qualified Archaeologist to ensure the removal of all midden and other cultural constituents of the site. Controlled demolition permits the discovery and recovery of larger features not typically found during hand excavation and reduces the number of hand - excavated control units necessary. d. Laboratory analysis of all recovered materials and creation of a computerized database of artifacts recovered. e. Completion of a Data Recovery Excavation /Mitigation Report detailing the results of the study. f. Curation of excavated cultural material in a museum or other scientifically accredited institution that would make the collections available to future researchers CA -ORA -906 CA -ORA -906 would be directly impacted as a result of development as well as oil infrastructure removal. Data recovery excavation at the site shall be completed prior to Project grading and shall be designed to recover the consequential data present in the site and to remove the site constituents. Mitigation shall be in the form of data recovery excavation to collect the scientifically consequential 73 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 74 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials data that the site retains prior to its destruction by Project grading. The study shall include: a. Development of a Research Design/Treatment and Mitigation Plan to explicitly lay out the methods to be used in the excavation and the scientifically consequential questions that the study will hope to answer. b. Excavation of a sufficient number of Control Units and STPs to recover a representative sample of site constituents. c. Controlled demolition /removal of the site by a small scraper under the direction of a qualified Archaeologist to ensure the removal of all midden and other cultural constituents of the site. Controlled demolition permits the discovery and recovery of larger features not typically found during hand excavation and reduces the number of hand - excavated control units necessary. d. Laboratory analysis of all recovered materials and creation of a computerized database of artifacts recovered. e. Completion of a data recovery excavation /mitigation report detailing the results of the study. g. Curation of excavated cultural material in a museum or other scientifically accredited institution that would make the collections available to future researchers. Prior to issuance of grading permit MM 4.13 -3 Prior to the issuance of the first grading permit and /or Community Development Attendance of Paleontologist at pre- action that would permit Project site disturbance, the Director grade meeting Applicant/Contractor shall provide written evidence to the City of qualified Paleontologist Identify in approved grading and Newport Beach Community Development Department that the designated b the Community g y y construction plans Applicant/Contractor has retained a qualified Paleontologist to Development Director p observe grading activities and to conduct salvage excavation of Monitoring during grading/ paleontological resources as necessary. The Paleontologist shall be disturbance activities present at the pre - grading conference; shall establish procedures for paleontological resources surveillance; and shall establish, in cooperation with the City, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the fossils as appropriate. Any earth - moving activity associated with development, slope modification, or slope stabilization that requires moving large volumes of earth shall be monitored according to the paleontological sensitivity of the rock units that underlie the affected area. All 74 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 75 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials vertebrate fossils and representative samples of megainvertebrates and plant fossils shall be collected. Productive sites that yield vertebrates should be excavated, and approximately 2,000 pounds (lbs) of rock samples should be collected to be processed for microvertebrate fossil remains. If any scientifically important large fossil remains are uncovered during earth - moving activities, the Paleontologist shall divert heavy equipment away from the fossil site until s /he has had an opportunity to examine the remains. If warranted, a rock sample shall be collected for processing. The Paleontologist shall be equipped to rapidly remove fossil remains and /or matrix (earth), and thus reduce the potential for any construction delays. If scientifically important fossil remains are observed and if safety restrictions permit, the Construction Contractor shall allow the Paleontologist to safely salvage the discovery. At the Paleontologist's discretion, the Grading Contractor may assist in the removal of the fossil remains and rock sample to reduce any construction delays. All fossils shall be documented in a detailed Paleontological Resource Impact Mitigation Report. Fossils recovered from the field or by processing shall be prepared; identified; and, along with accompanying field notes, maps and photographs, accessioned into the collections of a designated, accredited museum such as the Natural History Museum of Los Angeles County (LACM) or the San Diego Natural History Museum. Because of slope modification, fossil- bearing exposures of the Quaternary marine deposits may be destroyed. If feasible, a few stratigraphic sections with fossil- bearing horizons shall be preserved for educational and scientific purposes. Prior to the issuance of grading MM 4.13 -4 Prior to the issuance of the first grading permit and /or Community Development permits and /or action that would action that would allow for Project site disturbance, a Director allow for Project site disturbance paleontological survey shall be conducted to record all Qualified Paleontologist paleontological resources present at the surface for those portions designated by the Community of the Project site where grading would occur that would affect Development Director Quaternary San Pedro Sand and Quaternary Palos Verdes Sand. A qualified Paleontologist shall make collections of exposed fossils from Iithologic units of high paleontologic significance, especially in areas where access to fossil sites is not permitted because of slope 75 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 76 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials modification. All vertebrate and representative samples of megainverlebrates and plant fossils shall be collected. Productive sites yielding vertebrates should be excavated, and approximately 2,000 Ibs of rock samples shall be collected to process for microvertebrate fossil remains. Dry screening of fossil marine shell horizons in the Quaternary terrace deposits and San Pedro Sand with % -inch archaeological field screens shall be conducted to recover rare types of fossil marine mollusks, bony fish, sharks, reptiles, birds, and marine and terrestrial mammals. All fossil sites shall be tied to detailed measured sections showing sedimentary structures and relationships with over- and underlying rock units. a. For San Pedro Sand, prior to the issuance of the first grading permit and /or action that would permit Project site disturbance, a qualified Paleontologist shall prepare a detailed mitigation plan to sample the existing paleontological sites that would be affected by slope modification. The plan shall be developed in consultation with a local museum (e.g., the LACM or the San Diego Natural History Museum) in order to describe the size of the sample, methods of collection and processing, stratigraphic information, and other pertinent information. A bulk sample of at least 100 Ibs per fossil site shall be processed through fine screens, and all identifiable fossils shall be sorted from the concentrate. Detailed measured geologic sections placing the fossil sites in a stratigraphic sequence must be made. Bulk sampling that is collected from matrix or sediment to recover rare invertebrates, marine vertebrates, and terrestrial vertebrates must also be part of the mitigafion plan. 76 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 77 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials b. For Quaternary marine terrace deposits (Palos Verdes Sand), prior to the issuance of the first grading permit and /or action that would permit Project site disturbance, a detailed mitigation plan must be developed to sample the existing paleontological sites that would be affected by slope modification. This shall be conducted in consultation with a local museum (e.g., the LRCM or the San Diego Natural History Museum) to describe the size of the sample, methods of collection and processing, stratigraphic information, and other pertinent information. A bulk sample of at least 100 Ibs per fossil site shall be processed through fine screens, and all identifiable fossils shall be sorted from the concentrate. Detailed measured geologic sections placing the fossil sites in a stratigraphic sequence shall be made. Bulk sampling, collecting, water screening, or dry screening of sediments that contain rare invertebrates, marine vertebrates, and terrestrial vertebrates shall be part of the mitigation plan c. A qualified Paleontologist shall be notified and retained when earth - moving activities are anticipated to impact undisturbed deposits in the San Pedro Sand and Palos Verdes Sand. The designated Paleontologist shall be present during construction activities on a full -time basis to assess whether scientifically important fossils are exposed. Part-time monitoring is recommended in Younger Alluvium. If any scientifically important, large fossil remains are uncovered during earth- moving activities, the Paleontological Monitor shall divert heavy equipment away from the fossil site until s /he has had an opportunity to examine the remains. If warranted, a rock sample shall be collected for processing. The Monitor shall be equipped to allow for the rapid removal of fossil remains and /or matrix (earth), and thus reduce the potential for any construction delays. At the Monitor's discretion, the Grading Contractor may assist in the removal of the fossil remains and rock sample to reduce any delay in construction. d. All fossils shall be documented in a detailed Paleontological Resources Impact Mitigation Report. Fossils recovered from the field or by processing shall be prepared; identified; and, 77 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 78 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials along with accompanying field notes, maps and photographs, accessioned into the collections of a designated, accredited museum such as the LACM or the San Diego Natural History Museum. e. Because of slope modification and restoration of the bluff area, most, if not all, the fossil- bearing exposures of the San Pedro Sand and Quaternary marine terrace deposits would be destroyed. If feasible, a few stratigraphic sections with fossil- bearing horizons shall be preserved in perpetuity for educational and scientific purposes. f. Nothing in this mitigation measure precludes the retention of a single cross - trained observer qualified to monitor for both archaeological and paleontological resources. Public Services Condition of approval of Site PDF 4.14 -1 The Master Development Plan requires that the Project Community Development Development Review and be designed to provide fire- resistant construction for all structures Director Conditional Use Permits for adjoining natural open space, including utilizing fire- resistant development of land uses within the building materials and sprinklers. Residential Districts; Visitor - Serving Resort and Residential District; Mixed -Use and Residential District; and the Parks and Recreation District As part of building permit Prior to the issuance of building SC 4.14 -1 Prior to the issuance of a building permit for the Community Development permits for residential and construction of residential and commercial uses, the Applicant shall Director commercial uses pay the required Property Excise Tax to the City of Newport Beach, as set forth in its Municipal Code ( §3.12 et seq.) for public improvements and facilities associated with the City of Newport Beach Fire Department, the City of Newport Beach Public Library, and City of Newport Beach public parks. 78 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 79 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Prior to approval of applications for SC 4.14 -2 Prior to City approval of individual development plans for Community Development Site Development Review for the Project, the Applicant shall obtain Fire Department review and Director development of land uses within the approval of the site plan in order to ensure adequate access to the Residential Districts; Visitor- Serving Project site. Resort and Residential District; Mixed -Use and Residential District; and the Parks and Recreation District Condition of approval of for Site SC 4.14 -3 Prior to the issuance of a building permit, the Applicant Community Development Development Review and shall complete that portion of the approved fuel modification plan Director Conditional Use Permits for determined to be necessary by the City of Newport Beach Fire Qualified Biologist designated development of land uses within the Department prior to the introduction of any combustible materials by the Community Residential Districts; Visitor- Serving into the area. This generally involves removal and thinning of plant Development Director Resort and Residential District; materials indicated on the approved fuel modification plan(s). Mixed -Use and Residential District; Prior to the issuance of a Certificate of Occupancy, fuel modification and the Parks and Recreation shall be installed and completed by the Applicant and inspected by District the Fire Department. This includes physical installation of features As part of subdivision improvement identified in the approved Precise Fuel Modification Plan (including plan for portion of North Bluff Road but not limited to plant establishment, thinning, irrigation, zone between 17°i Street and 19`h Street markers, and access easements, among others). If satisfactory, a Prior to the issuance of a Certificate Newport Beach Fire Department Fire Code Official shall provide of Occupancy fuel modification written approval of completion at the time of this final inspection. improvements to be installed, If applicable, a copy of the approved plans shall be provided to the completed, and inspected by Fire Homeowners Association (HOA). Fuel modification shall be Department. maintained as originally installed and approved. Ongoing maintenance The applicable Property Owner, HOA, or other party that the City deems acceptable shall be responsible for all fuel modification zone maintenance. All areas shall be maintained in accordance with the approved Fuel Modification Plan(s). This generally includes a minimum of two growth reduction maintenance activities throughout the fuel modification areas each year (spring and fall). Other activities include maintaining irrigation systems, replacing dead or dying vegetation with approved materials, removing dead plant material, and removing undesirable species. The Fire Department shall conduct regular inspections of established fuel modification areas. Ongoing maintenance shall be conducted regardless of the date of these inspections. 79 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 80 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Application for Site Development SC 4.14 -4 Prior to issuance of building permits, the City of Newport Community Development Review for development of land Beach Police Department shall review development plans for the Director; Police Chief uses within the Residential Districts; incorporation of defensible space concepts to reduce demands on Visitor- Serving Resort and police services. Public safety planning recommendations shall be Residential District; Mixed -Use and incorporated into the Project plans. The Applicant shall prepare a Residential District; and the Parks list of Project features and design components that demonstrate and Recreation District responsiveness to defensible space design concepts. The Police Prior to the issuance of building Department shall review and approve all defensible space design permits features incorporated into the Project prior to initiating the building plan check process. Prior to the issuance of first grading SC 4.14 -5 Prior to the issuance of the first grading permit and /or Community Development permit and /or action that would action that would permit Project site disturbance, the Applicant shall Director; Police Chief permit Project site disturbance provide evidence to the City of Newport Beach Police Department During grading and construction that a construction security service or equivalent service shall be established at the construction site along with other measures, as identified by the Police Department and the Public Works Department, to be instituted during the grading and construction phase of the Project. Prior to issuance of building permits SC 4.14 -6 Pursuant to Section 65995 of the California Government Community Development Code, the Applicant shall pay developer fees to the Newport-Mesa Director Unified School District at the time building permits are issued; payment of the adopted fees would provide full and complete mitigation of school impacts. Prior to issuance of building permits SC 4.14 -7 New development within the Project site shall be subject Community Development to the same General Obligation bond tax rate as already applied to Director other properties within the Newport-Mesa Unified School District for Measure F (approved in 2005) and Measure A (approved in 2000) based upon assessed value of the residential and commercial uses. Condition of approval of Tentative MM 4.14 -1 Certificates of occupancy shall not be issued by the City Community Development Tract Map No. 1309 and of Newport Beach for any residential dwelling unit, the resort inn, or Director subsequent subdivision maps for any commercial structure in Site Planning Area 10a (northerly block development purposes only), Site Planning Area 10b (northerly block only), and Site Prior to the issuance of certificate of Planning Area 12b until Fire Station Number 2 is rebuilt at the occupancy for any residential existing City Hall site at 23300 Newport Boulevard or at another dwelling unit, the resort inn, or any location that the Newport Beach Fire Department has determined is commercial structure in Site sufficient to provide fire response within the Fire Department's Planning Area 10a (northerly block established response time standards. only), Site Planning Area 10b The construction of a replacement Fire Station Number 2 within the 80 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 81 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials (northerly block only), and Site boundaries of the existing City Hall site at the northeastern corner of Planning Area 12b Newport Boulevard at 32nd Street or at an alternative location would be the subject of separate, subsequent environmental review. The replacement Fire Station could only be constructed upon the demolition of existing permanent and temporary structures on the City Hall site. Potential environmental impacts associated with the replacement Fire Station Number 2 would be associated with demolition of the existing Fire Station, and the construction and operation of the replacement Fire Station. Potential environmental effects are anticipated to include short-term construction - related traffic, air quality, and noise impacts during demolition and construction. Because of the proximity between the existing and proposed Fire Stations (approximately 500 feet), this relocation is not anticipated to result in new significant operational impacts. Prior to the issuance of building MM 4.14 -2 The Applicant shall pay the City of Newport Beach a fire Community Development permits; payment of fair share fee facilities impact fee equal to its fair share of the need for a relocated Director; Fire Chief Fire Station Number 2. The fair share fee shall be based on total number of Project dwelling units as a ratio of the total number of dwelling units within the service area of relocated Fire Station Number 2. The proportionate fee shall be paid prior to the issuance of a building permit for any residential dwelling unit. 81 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 82 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Condition of approval of Tentative MM 4.14 -3 Prior to issuance of certificates of use and occupancy Community Development Tract Map No. 1309 and for any residential dwelling unit, the resort inn, or any commercial Director; Fire Chief subsequent subdivision maps for structure in Site Planning Area 10a (northerly block only), Site development purposes Planning Area 10b (northerly block only), and Site Planning Area Prior to the issuance of certificate of 121b, Fire Station Number 2 shall be complete and operational at the occupancy for any residential existing City Hall site at 3300 Newport Boulevard or at another dwelling unit, the resort inn, or any location that the Newport Beach Fire Department has determined is commercial structure in Site sufficient to provide fire response within the Fire Department's Planning Area 10a (northerly block established response time standards. In the event the replacement only), Site Planning Area 10b station for Fire Station 2 is not operational in time for issuance of (northerly block only), and Site use and occupancy for the above stated site planning areas, then Planning Area 1210 prior to issuance of building permits for any combustible structure in the above site planning areas, the Applicant shall provide and improve a site, as defined by the Development Agreement within the Community Park, areas for a temporary facility of sufficient size to accommodate one engine company and one paramedic ambulance of at least three firefighters on a 7- day /24 -hour schedule. The temporary fire station site shall be within the Project limits of disturbance approved as a part of the Project such that no new environmental effects would occur. Utilities Conditions of approval of Site PDF 4.15 -1 The Newport Banning Ranch Planned Community Community Development Development Review and Development Plan and the Master Development Plan require the Director; Community Conditional Use Permits for use of native and /or drought - tolerant landscaping in public common Development Department development of land uses within the areas to reduce water consumption. Building Division Manager; Residential Districts; Visitor - Serving Municipal Operations Director; Resort and Residential District; Public Works Director; or Mixed -Use and Residential District; designated representatives and the Parks and Recreation District As part of approved precise landscape plans 82 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 83 Planning Commission Draft Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials Conditions of approval for Site PDF 4.15 -2 The Newport Banning Ranch Planned Community Municipal Operations Director; Development Review and Development Plan and the Master Development Plan require the Public Works Director; Conditional Use Permits for use of Smart Controller irrigation systems in all public and common Community Development development of land uses within the area landscaping. Community landscape areas will be designed on Director Residential Districts; Visitor - Serving a "hydrozone" basis. Resort and Residential District; Mixed -Use and Residential District; and the Parks and Recreation District As part of approved precise landscape plans Condition of approval of Tentative PDF 4.15 -3 The Newport Banning Ranch Planned Community Municipal Operations Director; Tract Map No. 17308 and Development Plan and the Master Development Plan include a plan Public Works Director;. subsequent subdivision maps for for a domestic water system designed to take advantage of existing Community Development development purposes water transmission facilities that connect to the Project site to Director As part of subdivision improvement minimize off -site impacts. plans Condition of approval of Tentative PDF 4.15 -4 The Newport Banning Ranch Planned Community Municipal Operations Director; Tract Map No. 17308 and Development Plan and the Master Development Plan include a plan Public Works Director; subsequent subdivision maps for for the Project's water system to provide a level of redundancy by Community Development development purposes making a connection between the City of Newport Beach Zone 1 Director As part of subdivision improvement and Zone 2 water lines. plans 83 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 84 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials Condition of approval of Tentative SC 4.15 -1 Chapter 14.16, Water Conservation and Supply Level Municipal Operations Director; Tract Map No. 17308 and Regulations, of the City of Newport Beach Municipal Code Public Works Director; subsequent subdivision maps for establishes the following mandatory permanent water conservation Community Development development purposes to require requirements, as summarized, during non- shortage conditions: Director information in Project CC &Rs a. No customer shall use potable water to irrigate landscaping Condition of approval of Site unless such irrigation is limited to no more than ten minutes Development Review and of watering per day per station. Conditional Use Permits for all b. No person shall use water to irrigate landscaping that development causes or allows excessive flow or runoff. As part of approved precise c. No person shall use water to wash down hard or paved landscape plans surfaces, except when necessary to alleviate safety or As part of building permits sanitary hazards. d. No person shall permit excessive use, loss, or escape of Ongoing; during non - shortage water through breaks, leaks, or other malfunctions in the conditions user's plumbing or distribution system. e. No customer shall use potable water for irrigation during a rainfall event. f. By July 1, 2012, all landscape irrigation systems connected to dedicated landscape meters shall include rain sensors that automatically shut off such systems during periods of rain or include evapotranspiration systems that schedule irrigation based on climatic conditions. g. No customer shall operate a water fountain or other decorative water feature that does not use a recirculating water system. h. No customer shall use water to clean a vehicle, except by use of a hand -held bucket or hand -held hose equipped with a water shut -off nozzle or device. i. Effective January 1, 2010, all new commercial conveyor car wash systems shall have recirculating water systems. By January 1, 2013, all commercial conveyor car wash systems shall have recirculating water systems. j. Eating or drinking establishments shall not provide drinking water unless expressly requested by the patron. k. Hotel, motel, and other commercial lodging establishments shall provide customers the option of not having towels and linen laundered daily. I. No customer shall install a new, single pass cooling system in a building or on premises requesting new water service. 84 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 85 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials m. Effective January 1, 2010, all new washing machines installed in commercial and /or coin - operated laundries shall be EnergyStar@ and CEE Tier III qualified. By January 1, 2014, all washing machines installed in commercial and /or coin - operated laundries shall be EnergyStar® and CEE Tier III qualified. n. No customer shall use water from any fire hydrant for any purpose other than fire suppression or emergency aid. o. Commercial kitchens shall employ water- conservation practices and technology. p. Construction Site Requirements: — No person shall use potable water for soil compaction or dust control on a construction site where there is an available and feasible source of recycled water or non - potable water approved by the Department of Public Health and appropriate for such use. — No person shall operate a hose within a construction site that is not equipped with an automatic shut -off nozzle, provided that such devices are available for the size and type of hose in use. 85 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Completion Project Design Features /Conditions of Approval/ Approval /Monitoring/ Timing Mitigation Measures Implementation Date Initials As a part of Project CC &Rs SC 4.15 -2 Chapter 14.16, Water Conservation and Supply Level Municipal Operations Director; During times of declared water Regulations, of the City of Newport Beach Municipal Code Public Works Director; shortage establishes the following four levels of water supply shortage Community Development response actions to be implemented during times of declared water Director shortages. Water Conservation Level Requirements Level One Limit outdoor watering to scheduled irrigation days Cutbacks in water usage (up to 10 %) Increased response time to fix broken /leaking plumbing (within 72 hours of notification from City) Limit filling of ornamental water features /pools (once per week) Level Two Further reduction in scheduled irrigation days and no watering between 9:00 AM and 5:00 PM on any day Increased cutbacks in water usage (11 -25 %) Increased response time to fix broken /leaking plumbing (within 48 hours of notification from the City) Increase limitations for filling of ornamental water features /pools (once every other week) Level Three Further reduction in scheduled irrigation days and no watering between 9:00 AM and 5:00 PM on any day Increased cutbacks in water usage (26 -40 %) Increased response time to fix broken /leaking plumbing (within 24 hours of notification from the City) No filling of ornamental water features /pools Level Four No outdoor watering Increased cutbacks in water usage more than 40 %) No new potable water services /meters Increased response time to fix broken /leaking plumbing (within 24 hours of notification from City) No filling of ornamental water features /pools 86 Planning Commission Draft Newport Banning Ranch Mitigation Monitoring and Reporting Program NEWPORT BANNING RANCH PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM 87 Planning Commission Draft Project Design Features /Conditions of Approval/ Responsible for Approval /Monitoring/ Completion Timing Mitigation Measures Implementation Date Initials As a part of building permits SC 4.15 -3 The proposed Project shall meet or exceed all State Community Development Energy Insulation Standards and City of Newport Beach codes in Director effect at the time of application for building permits. Commonly referred to as Title 24, these standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. Title 24 covers the use of energy - efficient building standards, including ventilation; insulation; construction; and the use of energy- saving appliances, conditioning systems, water heating, and lighting. Plans submitted for building permits shall include written notes or calculations demonstrating compliance with energy standards and shall be reviewed and approved by the City of Newport Beach Community Development Department, Building Manager, prior to issuance of building permits. 87 Planning Commission Draft