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HomeMy WebLinkAbout1501 JAMBOREE RD*NEW FILE* 01-Mol Iamhnrpp Rd EET lfv!G DATE t. �D ITEM i i fi`.. LOT SUMMARY: LOTS LAND USE DESIGNATION GROSS ACREAGE 1 - 173 SINGLE FAMILY RESIDENTIAL 29.7 AC. A THU Q PRIVATE STREET W OPEN SPACE (PRIVATE) Y OPEN SPACE (PRIVATE) R OPEN SPACE (PRIVATE) 2.8 AC. S OPEN SPACE (PUBLIC) 12.0 AC. T OPEN SPACE (PUBLIC) 33.8 AC. U OPEN SPACE (PRIVATE) 2.3 AC. V OPEN SPACE (PRIVATE) 6.4_AC. X OPEN SPACE (PRIVATE) 2.2 AC. TOTAL 89.2 AC. TYPICAL STREET SECTIONS: ;AL W'LY E'LY PAL PA PAL PAL 'ILY R 40' R/W 51'-55 67' ION 25.5' 227.5' 25.5'-27.5' 33.5' 33.5' 20' 20' 9.5' 16'-18' 16'-18' 9.5' I I 1� 5 5 18' 18' 1�5,5' I 10' 10' 10' 10' I VAR. I VAR. VAR. WIDTH I I 'T02 0'�02 DRAINDITCH AGE 1.7% " 1.7q 1.7% 1.7% 1 0 2" [�- r 2 2 4' WIDE 4' WIDE -4' WIDE 4' WIDE SIDEWALK SIDEWALK SIDEWALK SIDEWALK BACK BAY DRIVE PRIVATE STREET PRIVATE STREET (EXISTING) POR. "A","B","C ,"D","E",-F#'eG" ST. "A" STREET-"E" ST. TO "G" ST. N.T.S. (PROPOSED) (PROPOSED) W'LY N.T.S. N.T.S. E'LY 68'-78' 66' .. ... ................ A , 50'-60' 48' 10' ' 8DE :\ WI 8' WIDE 4 n ..�.."...,......•.....•......... � SIDEWALK SIDEWALK ::::::•. SAN JOAQUIN HILLS ROAD ...... .............�::::.:-" :,�r" � � -•,.;\ (EXISTING) ........• � NTS • WIDE �lDEWALK S'LY R/W 10' I NOTES: 1. EXISTING LAND USE: VACANT LAND ADJACENT LAND USE: RESIDENTIAL, OPEN SPACE PROPOSED LAND USE: RESIDENTIAL, OPEN SPACE 2. 'EXISTING ZONING: 3. DOMESTIC WATER AND SANITARY SEWER SERVICE TO BE PROVIDED BY 'THE CITY OF NEWPORT BEACH. 4, ALL PROPOSED UTILITIES SHALL BE UNDERGROUND AS FOLLOWS:' ELECTRICAL SOUTHERN CALIFORNIA EDISON CO. GAS SOUTHERN CALIFORNIA GAS CO. TELEPHONE PACIFIC BELL CABLE TELEVISION DIMENSION 5. FIRE SERVICE PROVIDED BY THE CITY OF NEWPORT BEACH FIRE DEPARTMENT. 6. POLICE SERVICE PROVIDED BY THE CITY OF NEWPORT BEACH POLICE DEPT. 7. THE PROPOSED PROJECT LIES WITHIN THE SERVICE BOUNDARIES OF THE NEWPORT-MESA UNIFIED SCHOOL DISTRICT. 8. EASEMENTS SHALL BE GRANTED TO THE CITY OF NEWPORT BEACHTOR�•- WATER AND SEWER FACILITIES AS SHOWN HEREON AND OVER ALL PRIVATE STREETS WITHIN THE TRACT UPON ACCEPTANCE OF THE FACILITIES BY THE CITY OF NEWPORT BEACH. 9. EASEMENTS FOR EMERGENCY VEHICLE PURPOSES SHALL BE GRANTED TO THE CITY OF NEWPORT BEACH AS SHOWN HEREON AND OVER ALL PRIVATE STREETS WITHIN THE TRACT. 10. THE SUBDIVIDER INTENDS TO FILE MULTIPLE FINAL MAPS FOR THIS TENTATIVE TRACT MAP. 11, GRADED SLOPES SHALL BE 2:1, UNLESS OTHERWISE SHOWN: 12. PRIVATE LANDSCAPE/OPEN SPACE LOTS "R" "U", "V%"W" AND "X", TRACT SLOPES AND DRAINAGE FACILITIES SHALL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. DEVIATIONS FROM CITY STANDARDS: 1. THE FOLLOWING STREETS EXCEED THE 400 FEET MAXIMUM CUL-DE-SAC LENGTH FOR PRIVATE STREETS: STREET "B" = 640 FEET. ER AND SUBDIVID THE IRVINE COMPANY 550 NEWPORT CENTER DRIVE NEWPORT BEACH, CA 92660 (714) 720-2000 1 HEREBY CERTIFY THAT THE OWNER OF RECORD HAS KNOWLEDGE OF AND CONSENTS TO THE FILING OF THIS MAP. DATED THIS DAY OF THE IRVINE COMPANY, A MICHIGAN CORPORATION WILLIAM H. MCFARLAND, EXECUTIVE VICE PRESIDENT JAMES R. CAVANAUGH, ASSISTANT SECRETARY PREPARED BY: ri. FINVAN DELL AND AS SOCIATES, INC. 65�.:'.c:yw•y 17801 CARTWRIGHT ROAD All, a{."t IRVINE, CALIFORNIA 92714 `� (714)474-14001 {:_ p OOL- i o, °ram.' ` _. CAWTII.Wr*rZP POCK; MIL-Y rzvm f tr�rte (NEA fR� �, -3. c M� 5><T DEYmD Lill UNss E XfS?iGicp GITY OF MT F°ACH rOJC PPiiOVAL I INI CCZ `ri ;:0. fhis project CC:?V:^is'n nIi 2;,viie"at3 E4t,.C1, �r, I itust v dns are nm. :, a dklmg Pet�c +::il to is�.—:, preeai ism _ 1 e Californiaa Ca_s: 1 Cc miss an a PLf8lt 'IJG OE"rARTGtEiJT i f ,JAM Wi:.:,,PR Direct - Date: f 1 I ai Sib o� TAT �IO"I K>✓�U�. 13'7-G17Y N.P. - P�iZ- 17E1;t7 R�,GUlZDED IN PXt'7K 5727, ; - pAGtE- 141 t MAY Iq , Igbl . _ �i ITE PLAN t �jwww.�fff Lf ' Q STATE OF CALIFORNIA—THE RESOURCES AGENCY , r V-•0 1 ,���� _. __ PETE WILSON, Gommor CALIFORNIA COASTAL C gNj@MPAR7MEIVT SOUTH COAST AREA WPUR T BEACII 245 W. BROADWAY, STE. 380 CITY of h�Elils P.O. BOX 1450 LONG BEACH, CA 90802.4416 JIRA — "d i995VA (310) 590-5071 'AY►�19d0llll�l1l2i3141516 Filed: 5/12/95 49th Day: 7/13/95 180th Day: 11/21/95 Staff: MV-LB Staff Report: 6/l/95 Hearing Date: 6/13-16/95 Commission Action: APPLICATION NO.: 5-95-048 APPLICANT: Irvine Company AGENT: Susan Hori PROJECT LOCATION: 1501 Jamboree Road, Newport Beach, Orange County PROJECT DESCRIPTION: Subdivision of an 86.1 acre parcel into 173 residential lots, six private open space lots, private street lots, and two public open space lots. Also proposed is construction of 173 single family residences, private roads and infrastructure to serve the residences, and construction of a 2.3 acre detention basin. Dedication of 45.8 acres of open space is proposed which includes a 4 acre public bluff top view park. The proposed project also includes grading and construction of an 8 foot wide public trail within the view park. Bluff stabilization and revegetation of coastal sage scrub within the public open space areas are proposed. Construction of an emergency access drive, Jamboree Road street and sidewalk improvements, construction of a bus turnout and shelter are also proposed. Also proposed is 772,900 cubic yards of cut and 772,900 cubic yards of fill to be balanced on site. A wetland mitigation plan is also proposed on site. The mitigation plan includes creation of .96 acre of wetland area on site. Lot area: 86.1 acres Building coverage:- 6.9 acres Pavement coverage: 7.3 acres Landscape coverage: 15.8 acres Parking spaces: 706 spaces Zoning: Planned Community District & Open Space Plan designation: Single Family Attached and Recreational & Environmental Open Space Ht abv fin grade: 29 feet LOCAL APPROVALS RECEIVED: Approval in Concept, City of Newport Beach; Approval of Tentative Map of Tract No. 15011; and Site Plan Review No. 70. SUBSTANTIVE FILE DOCUMENTS: Circulation Improvement and Open Space Development Agreement, D5-93-1, City of Newport Beach and Irvine Company, approved by Coastal Commission on June 10, 1993; Circulation Improvement and Open Space Agreement EIR; CDFG Streambed Alteration Agreement No. 5-010-95; Coastal Development Permit No. 5-94-182, (Irvine Company). Newporter North 8-95-048 Page 2 SUMMARY OF STAFF RECOMMENDATION: The applicant proposes to subdivide and construct 173 single family homes on an 86.1 acre site. The total development area is 26,5 acres, 13.6 acres will be private open space. 45.8 acres are to be dedicated to the City in fee as open space. The open space will include a 4 acre public bluff top view park. The subject site is adjacent to the Upper Newport Bay Ecological Reserve. The site, commonly called Newporter North, was among the sites subject to a development agreement between the City of Newport Beach and the applicant, the Irvine Company. The development agreement was approved by the Commission on 6/10/93. The development agreement provided the Irvine Company with entitlement for 212 residential units at the site, subject to site specific biologic and geologic information. The City was provided with public improvements and increased public open space. The site currently supports a total of 9 acres of wetland in three areas, one 7.3 acre area, one 1.62 acre area, and one 0.08 acre area. The proposed project would result in fill of .24 acres within the 1.62 acre wetland area. The applicant proposes to mitigate the wetland loss on site at a 4:1 ratio, resulting in 0.96 acre of wetland creation. Staff is recommending an open space deed restriction over the wetland mitigation site. The wetland impacts are created by proposed bluff stabilization (0.11 acre), road construction (0.10 acre) and stormdraih pipe replacement (0.03 acre). 7.38 acres of wetland area are located within the area to be dedicated to the City as open space. The proposed project will also remove 3.4 acres of coastal sage scrub, an environmentally sensitive habitat, due to the proposed bluff stabilization. Indirect cumulative impacts will also occur because of the increased disturbance due to the proposed residential development. The applicant has proposed revegetation of the bluff areas and the 12 acre Newporter Knoll area. The revegetatioh is expected to substantially offset the project's adverse impacts on sensitive habitat. Staff recommends that the Commission approve the project subject to special conditions regarding environmentally sensitive habitat, wetlands, geology and the dedications of property which have been proposed by the applicant consistent with an approved development agreement. Staff Recommendation: The staff recommends that the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit, subject to the conditions below, for the proposed development on the grounds that the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. Newporter North 5-95-048 Page 3 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. if development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shalt be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24—hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. III. Special Conditions: ,•M, GIWTAXITIM1,• .. �•, .� Upon the effective date of the CIOSA development agreement, the applicant shalt submit, for the review and approval of the Executive Director, evidence in the form of a grant deed that the 12.0 acres (more specifically described below and in Exhibit J), has been dedicated in fee to the City of Newport Beach consistent with the approved Circulation Improvement and Open Space development agreement and consistent with the proposed project. The fee dedication shall be dedicated for the uses delineated below and subject only to those covenants and reservations identified on Exhibit F to the Circulation Improvement and Open Space Agreement approved by the Coastal Commission on June 10, 1993. The 12.0 acres shall include the following areas and provide for the following uses: itte Am 1L. Lot S 12 acres habitat restoration, habitat maintenance, open space, and habitat protection Newporter North 5-95-048 Page 4 2. Upon issuance of the first building permit by the City of Newport Beach, the applicant shall submit, for the review and approval of the Executive Director, evidence in the form of a grant deed that the 33.8 acres (more specifically described below and in Exhibit J), has been dedicated in fee to the City of Newport Beach consistent with the approved Circulation Improvement and Open Space development agreement and consistent with the proposed project. The fee dedication shalt be dedicated for the uses delineated below and subject only to those covenants and reservations identified on Exhibit F to the Circulation Improvement and Open Space Agreement approved by the Coastal Commission on June 10, 1993. The 33.8 acres shall include the following areas and provide for the following uses: ltf& Area um Lot T 4 acres public passive open space, public view park Lot T 29.8 acres habitat restoration, habitat maintenance, open space and habitat protection. The deed restricted area shall be described in metes and bounds. The deed restriction shall run with the land, binding all successors and assigns, and shall be recorded free and clear of prior liens and encumbrances the Executive Director determines to affect said interest. 3. Mitigation Plan Annual Reports The annual mitigation monitoring reports prepared pursuant to the Habitat Mitigation and Monitoring Plan for the Newporter North Development prepared by John M. Tettemer 6 Associates dated May 1995, shalt be submitted to the Executive Director within 30 days of the date the report is completed. 4. Wetland Mitigation 'liming Construction/implementation of the mitigation plan shall occur prior to or concurrent with the proposed residential development. 5. Protective Fencing All wetlands shalt be surrounded by protective fencing prior to initiation of and during any grading or construction. 6. Lots V and X Open $race Deed Restriction Prior to issuance of the coastal development permit the applicant as landowner shall execute and record a deed restriction, in a form and content acceptable to the Executive Director, which shall limit development in Lots V and X to the following uses: Lot V Wetland mitigation as described in the Habitat Mitigation and Monitoring Plan for the Newporter North Development prepared by John M. Tettemer & Associates, Ltd., dated May 1995; Newporter North 5-95-048 Page 5 Habitat restoration, habitat maintenance, open space, and habitat protection; Non—invaisive landscaping and contour grading for buffer berm as depicted on Tentative Tract No. 15011, limited to those areas of Lot V not a part of the wetland mitigation described above. Lot X Non—invaisive landscaping and contour grading for buffer berm as depicted on Tentative Tract No. 15011. The deed restriction shall cover Lots V and X as identified on Tentative Tract No. 15011. The deed restriction shall run with the land, binding all successors and assigns and shall be recorded free and clear of prior liens and encumbrances which the Executive Director determines to affect said interest. 7. Coastal Sage Scrub Restoration and Revegetation Plan Prior to issuance of the coastal development permit the applicant shall submit, for the review and approval of the Executive Director, a coastal sage scrub revegetation and restoration plan. At a minimum the coastal sage scrub revegetation and restoration• plan shall include: — The mitigation measures identified in the letter from the United States Fish and Wildlife Service letter dated March 9, 1995; — The mitigation measures identified in the letter from the biological consultant, Michael Brandman Associates, dated November 10, 1994; — A mitigation monitoring program; — The plan shall be reviewed and approved by the California Department of Fish and Game. The coastal sage scrub restoration and revegetation shall occur consistent with the approved plan. B. Geologic Recommendations Prior to issuance of the coastal development permit, the applicant shalt submit, for the review and approval of the Executive Director, grading plans that have been reviewed, approved and signed by the geologic consultant, indicating that the geologic recommendations contained in the Preliminary Geotechnicat Investigation prepared by Leighton and Associates, Inc. dated February 4, 1991 and the Supplemental Geotechnical Investigation, prepared by Leighton and Associates dated October 26, 1994, and, updated in letters dated September 30, 1994, revised 10/10/94 and May 9, 1995, have been incorporated into the design of the proposed project. Prior to issuance of the first building permit, the applicant shall submit, for the review and approval of the Executive Director, foundation plans that have been reviewed, approved and signed by the geologic consultant, indicating that the geologic recommendations contained in the above described Geotechnicat Reports prepared by Leighton and Associates, Inc. have been incorporated into the design of the proposed project. Newporter North 5-95-048 Page 6 The Commission finds and declares as follows: The applicant proposes to subdivide an 86.1 acre parcel into 173 residential lots, six private open space lots, private street lots, and two public open space lots. Also proposed is construction of 173 single family residences, private roads and infrastructure to serve the residences, and construction of a 2.3 acres detention basin. Dedication of 45.8 acres of open space is proposed which includes construction of a 4 acre public bluff top view park, bluff stabilization, and revegetation of coastal sage scrub within the public open space areas. Construction of an emergency access drive, Jamboree Road and sidewalk improvements, construction of a bus turnout and shelter are also proposed. Also proposed is 772,900 cubic yards of cut and 772,900 cubic yards of fill to be balanced on site. A wetland mitigation plan is also proposed on site. The mitigation plan includes creation of .96 acre of wetland area. On June 10, 1993 the Commission approved a Development Agreement between the City of Newport Beach and the Irvine Company (D5-93-1). The Development Agreement is commonly referred to as the Circulation Improvement and Open Space Agreement (CIOSA). The Development Agreement provided the City with certain traffic improvements and increased open space area and the Irvine Company with certain development entitlements. The Development Agreement affects a total of eleven sites, of which nine are located in the Newport Beach coastal zone. The subject site includes two of the nine coastal zone sites subject to the Development Agreement. These two sites are commonly known as Newporter North and Newporter Knoll. Under the terms of the Development Agreement, the 77.2 acre Newporter North site would be allowed up to 212 residential units on 30 acres and 47.2 acres of open space, subject to site specific geologic and biologic information supporting proposed development at the coastal development permit stage. Of the 47.2 acres of open space, a minimum of 4 acres was allocated for a view park. In addition, the Development Agreement provided that the entire 12 acre Newporter Knoll site would be dedicated for public open space. Due to the broad scale of mapping done for the Circulation and Open Space development agreement, the total acreage figure used was not precisely accurate. As a part of the proposed permit application, the applicant has conducted more finite levels of digitized mapping and calculated the acreage more accurately. The total site area of both Newporter Knoll and Newporter North is 86.1 acres (Newporter Knoll still accounts for 12 acres). The subject site is located on a bluff top lot adjacent to Upper Newport Bay. However, the site is not located between the sea and the first public road paralleling the sea because Back Bay Drive runs along the base of the bluff between the subject property and Upper Newport Bay. Back Bay Drive is a public road. Newporter North 5-95-048 Page 7 The subject site is located along the bluff to the east of Upper Newport Bay. At the base of the bluff is Back Bay Drive. To the north, across San Joaquin Hills Road is a condominium community. To the east is Jamboree Road and Newport Center beyond. To the South is the Newporter Resort, a hotel and tennis club complex. To the west, across Back Bay Drive is the Upper Newport Bay Ecological Reserve. The site is currently vacant. The majority of the flat bluff top area supports introduced annual grassland. However, a 1.06 acre wetland area exists at the subject site just south of the proposed extension of Santa Barbara Drive. In addition, the area between Newporter North to the north and Newporter Knoll and Newporter Resort to the south, a 7.3 acre wetland area know as John Wayne gulch exists. The bluff face supports primarily coastal sage scrub. Residential Development The proposed project includes construction 173 detached single family residences. The project is proposed as a private card entry gated community. The streets will be private. The average lot size is proposed to be approximately 4,000 square feet. The average maximum height of the proposed residences will be 29 feet from finished grade. The two story residential units will range in size from 2,100 to 2,600 square feet. Each residential unit will include an attached two —car garage. Also proposed is perimeter landscaping, landscaping for interior streets, and entrance area landscaping. The proposed infrastructure will include a subsurface storm drain system, and water and sewer lines. A 6 foot wrought iron fence is proposed around the perimeter of the project. To minimize noise impacts, for the portion of the fence running parallel to John Wayne Gulch, the lower half of the fence is proposed to be constructed of solid masonry material and wrought iron on top. Bluff Stabilization The bluff area on the north edge of the project site, above San Joaquin Hills road, is unstable, with a factor of safety of less than I.S. The area of bluff instability is located within the area to be dedicated to the City for public open space. The City has required the applicant to stabilize the bluff before it accepts the dedication. The method of stabilization proposed includes the construction of a shear key and subdrain. The shear key is proposed to give gross stability to the slope by excavating a particular area of the slope until competent material is reached, installing a subdrain system to collect and conduct groundwater away from the slope, then recompacting the soil with lifts to achieve 90% relative compaction. Once the shear key work is completed, the slope will be returned to its original- contours and revegetated. Construction of the shear key will require excavation of approximately 246,000 cubic yards, which, after recompaction, will be replaced in place. Newporter North 5-95-048 Page 8 45.8 acres are proposed to be dedicated to the City in fee for public open space, public park, pedestrian and habitat purposes. 33.8 acres are proposed to be dedicated as one parcel, identified as Lot T on the tentative map. Lot T would include a 4 acre public, bluff top view park and 8 foot wide public trail and 29.8 acres for habitat restoration, maintenance and protection, Another 12 acres, identified as Lot S on the tentative map, would also be dedicated in fee for habitat restoration , maintenance and protection purposes. Lot S is comprised of the area commonly known as Newporter Knoll. The area of proposed open space dedication includes the area known as John Wayne Gulch. John Wayne Gulch supports a 6.23 acre freshwater marsh and 1.07 acre area of willow/mulefat scrub, both considered wetland habitat. In addition, a 0.8 acre pocket of freshwater marsh exists in the southern corner of Newporter Knoll. The bluff face above Backbay Drive supports primarily coastal sage scrub. All of these sensitive habitat areas are located within the parcels to be dedicated as public open space. A change in the amount of public open space to be dedicated to the City in fee as identified in the approved CIOSA is proposed under this coastal development permit application. The area between the proposed residential development and Jamboree Road was to be dedicated to the City for public open space under the development agreement. The City however does not wish to accept this dedication. Therefore the applicant is proposing the area as private open space. The area in question is identified on the Tentative Map as Lots V and X. Lot V is comprised of 6.3 acres and Lot X of 2.2 acres. As proposed the project would result in the elimination of .24 acres of wetlands on -site. In order to mitigate this loss, the applicant proposes to create 0.96 new acres of wetlands. This represents a mitigation ratio of 4:1 (wetlands created to wetlands lost). The mitigation site has been designed around the existing wetland area located near the proposed project entrance near the intersection of Jamboree Road and Santa Barbara Drive. The existing wetland includes willow, baccharis, and cattails. The vegetation proposed to be planted includes arroyo willow, black willow, western cottonwood, and mulefat. The proposed mitigation is designed to expand the existing wetland habitat. The mitigation site is expected to take two to five years to mature. The site will be monitored for a minimum of five years. Success criterion based on plantings' height and percent site coverage are included in the mitigation plan. If the success criterion are not met, certain remedial actions will be taken, including additional planting and monitoring. Chances for the success of the proposed wetland mitigation are expected to be increased because it will expand an existing wetland area, it will continue to receive a long term water source in the form of urban runoff via the City's storm drain system, and public access to the site will be limited. Newporter North 5-95-048 Page 9 The California Department of Fish and Game (CDFG) has reviewed and approved the proposed mitigation plan. In addition, the CDFG has entered into a Streambed Alteration Agreement with the applicant to address impacts to the existing wetlands. The proposed project includes 772,900 cubic yards of cut and 772,900 cubic yards of fill, to be balanced on site. Of the total grading figure, 285,000 cubic yards of cut and 285,100 cubic yards of fill are proposed for remedial in tract grading. In addition, 10,100 cubic yards of cut and 100 cubic yards of fill are proposed for the bluff top trail; 246,000 cubic yards of cut and 246,000 cubic yards of fill are proposed for the buttress and shear key; 45,900 cubic yards of cut and 1,900 cubic yards of fill are proposed for the detention basin; proposed in tract grading will consist of 185,.900 cubic yards of cut and 239,900 cubic yards of fill. Grading construction access to the project is proposed from San Joaquin Hills Road. The last 100 feet of the haul road adjacent to San Joaquin Hills Road will be paved with asphalt with another 100 feet of aggregate adjacent to the asphalt to clean truck tires. Construction access is also proposed from Jamboree Road once roadway improvements along Jamboree are completed. Also proposed as part of the project are a number of public improvements including: 1. construction of a 16 foot wide emergency vehicle access drive at the terminus of the interior private street identified as Lot G on the tentative tract map for maintenance, emergency rescue and police patrol access to the bluff top area; 2. the sidewalk along San Joaquin Hills Road will be reconstructed to a 12 foot width between Jamboree Road and the bluff top trail connection at San Joaquin Hilts Road; 3. Jamboree Road will be widened to provide a minimum roadway width of 48 feet between the double left turn lane at Santa Barbara Avenue and the westerly curb; 4. the sidewalk along the Jamboree Road frontage will be reconstructed to a 12 foot width, and street lights will be installed along the Jamboree Road frontage; 5. the median island on Jamboree Road will be modified to provide a 200 foot long northbound left turn pocket; 6. Jamboree Road will be restriped to provide clear ingress and egress to the site; 7. a bus turnout and shelter pad will be constructed on Jamboree Road just south of Santa Barbara Drive. Newporter North 5-95-048 Page 10 B. Wetlands Section 30233 of the Coastal Act limits fill in wetlands. In addition to being an allowable use, any fill in wetlands must be the least environmentally damaging feasible alternative and provide adequate mitigation to off set the loss. The proposed project would result in the fill of 0.24 acres of wetlands. Of that figure, 0.03 acres of impact will be due to replacement of a storm drain within the wetlands; 0.11 acre of impact will be due to construction of a road to serve the proposed residential development; and 0.10 will be due to bluff stabilization work. Allowable Use As a requirement of the City's approval, the applicant is to replace an existing corrugated metal storm drain pipe with reinforced concrete pipe. This replacement will result in 0.03 acre of adverse impact to the wetland. The pipe replacement represents an incidental public service use. It is incidental to the existing drainage pipe use and a public service in that it serves the public drainage system. Replacing corrugated metal with concrete pipe represents an upgrade to the system and will extend the life of the public drainage facility. The proposed pipeline replacement constitutes an incidental public service use and, therefore, is an allowable use consistent under Section 30233(a)(5) of the Coastal Act. The City has also required the applicant to stabilize the bluff area above San Joaquin Hilts road. The geotechnicat consultant has indicated that the proposed bluff stabilization is not required to protect the proposed residential development, but rather is necessary to rectify the existing slope weakness. As it currently exists, the bluff has a factor of safety of less than I.S. The proposed bluff stabilization would result in elimination of 0.10 acre of wetland habitat. 3.4 acres of coastal sage scrub will also be impacted as a result of bluff stabilization proposed as part of the subject project. The remaining 0.11 acre of wetland fill would be caused by the proposed construction of a road to serve the private residential development. In both cases, bluff stabilization and road construction, the proposed development does not constitute an allowable use as described in Section 30233(a)(1-8). Bluff stabilization is also not a resource dependent use under 30240(a). The applicant states that the wetlands impacts resulting from the proposed project are incidental public service uses and so allowable uses under Section 30233(a)(1-8) of the Coastal Act. However, neither the bluff stabilization nor the road construction can be considered incidental public services. The bluff stabilization is not incidental to any existing public use, nor will it be performed by a public agency in support of their public mission. The proposed road construction will serve a private gated community with private streets. Consequently, the road cannot be considered public in any sense. No development currently exists at the site, so the road construction is not incidental to any existing use. The proposed bluff stabilization and road construction do not qualify as any of the other allowable uses identified in Section 30233(a)(1-8) of the Coastal Act. However, the proposed bluff stabilization will eliminate the hazard which exists due to the existing unstable bluff. A public road (San Joaquin Hills Newporter North 5-95-048 Page 11 Road) exists at the base of the unstable bluff. If the current unstable condition is not remedied users of the public road may be in jeopardy. Or continued use of the road may be interrupted. San Joaquin Hits Road connects to Back Bay Drive which is used by many members of the public to take advantage of scenic natural areas of Upper Newport Bay. In addition, the proposed project includes dedication of the bluff top area for use as a public bluff top view park. If the bluff fails, the area of the public park could be reduced or eliminated. In any case, failure to act perpetuates an existing hazard. Section 302530) of the Coastal Act requires that new development minimize risks to life and property in areas of high geologic hazard. Section 30253(2) requires that new development assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area. Leaving the bluff in its current unstable, hazardous condition is inconsistent with the requirements of Section 30253 of the Coastal Act. Consequently, the proposed project presents a conflict between two Chapter 3 Coastal Act policies: the wetlands and ESHA protection policies of Section 30233 and 30240 and the hazard minimization policies of Section 30253. For reasons of traffic safety and continuation of optimum traffic flow, access to the site must be taken from the existing signalized intersection at Santa Barbara Drive. Access taken from anywhere else on the site would adversely impact traffic on Jamboree Road. Jamboree Road is a major arterial that intersects with Coast Highway approximately one half mile south of the subject site. Jamboree Road provides a major connection between the San Diego freeway and much of the Newport Beach coastal zone area. Jamobree Road provides the most direct access from the freeway to Back Bay Drive, which is a scenic drive adjacent to Upper Newport Bay Ecological Reserve. Back Bay Drive provides access to CDFG public programs at the Shellmaker Island amphitheater. Additionally, Jamboree Road connects directly to the bridge to Balboa Island, a major visitor destination. From Balboa Island, one can take the ferry to the Balboa Peninsula, also a major visitor destination. In short, Jamboree Road is a major visitor access route. Traffic impacts that would result from unavailability of the proposed access into the subject site would adversely impact the continued safe flow of traffic along Jamboree Road. Impacts to Jamboree Road impact public access by limiting public use of the arterial to access many various visitor destination sites. Adverse impacts to public access is inconsistent with Section 30210 of the Coastal Act which requires that new development provide maximum public access. Once again, the proposed project presents a conflict between two Chapter 3 Coastal Act policies: the wetlands protection policies of Section 30233 and the public access policies of Section 30210. The proposed project presents a conflict between the hazard polices and public access policies of the Coastal Act and the wetland and ESHA protection policies of the Coastal Act. The Coastal Act envisions situations such as this where ther may b a conflict between conflicting Chapter 3 policies and provides specific guidance on how these conflicts should be resolved. Section 30007.5 states: Newporter North 5-95-048 Page 12 The Legislature further finds and recognizes that conflicts may occur between one or more policies of the division. The Legislature therefore declares that in carrying out the provisions of this division such conflicts be resolved in a manner which on balance is the most protective of significant coastal resources. In this context, the Legislature declares that broader policies which, for example, serve to concentrate development in close proximity to urban and employment centers may be more protective, overall, than specific wildlife habitat and other similar resource policies. Echoing the concern about such conflicts, Section 30200(b), the first section in Chapter 3, the chapter containing the substantive policies of the Act, declares: (b) Where the commission or any local government in implementing the provisions of this division identifies a conflict between the policies of this chapter, Section 30007.5 shalt be utilized to resolve the conflict and the resolution of such conflicts shalt be supported by appropriate findings setting forth the basis for the resolution of identified policy conflicts. The proposed project presents a conflict between competing policies of the Coastal Act that require resolution in conformity with the provisions of Section 30007.5 and 30200. The proposed project will minimize risks due to hazard and will maintain public access along a major access route. The wetland impacts are minimal in size (0.10 acres due to road construction and 0.11 acres due to bluff stabilization). Further, the wetland area that will be impacted was created when drainage from the surrounding area was directed onto the site. It is hot a naturally occurring wetland habitat. The drainage system minimizes adverse impacts due to stormwater runoff such as erosion and flooding. In addition, the wetland that will be impacted is not contiguous to the overact Upper Newport Bay wetland system and the minimal wetland impacts that will occur will not effect the Bay. Moreover, the applicants have proposed a mitigation plan that includes creation of 0.96 acres of wetland habitat adjacent to the on -site impacted wetland. This represents a 4:1 ratio of wetlands created versus wetlands lost. The mitigation site will be monitored for a minimum of five years. Success criterion based on plantings` height and percent site coverage are included in the mitigation plan. If the success criterion are not met, certain remedial actions will be taken, including additional planting and monitoring. Chances for the success of the proposed wetland mitigation are expected to be increased because it will expand an existing wetland area, it will continue to receive a long term water source in the form of urban runoff via the City's storm drain system, and public access to the site will be limited. The California Department of Fish and Game (CDFG) has reviewed and approved the proposed mitigation plan. In addition, as a condition of approval, a conservation easement will be placed on the mitigation site. The proposed project will maintain public access opportunities and will minimize hazards consistent with Sections 30210 and 30253 of the Coastal Act. In addition, the wetland loss is offset by wetland creation proposed by the applicant pursuant to the mitigation plan. These benefits will be lost if the Newporter North 5-95-048 Page 13 project is not approved. Balanced against these beneficial aspects of the project is the competing fact that the project also will fill 0.24 acre of wetland for a use that is not allowed by Section 30233. The reality of the situation, however, is that even the impacts of this fill will be mitigated by the wetland replacement program that will replace this lost wetland area at a 4:1 ratio. The Commission also notes that, as demonstrated below, the placement,of this fill is the least damaging feasible alternative. For these reasons the Commission finds, pursuant to Sections 30007.5 and 3.200 of the Coastal Act, that on balance it is more protective of coastal resources to resolve this conflict by approving the project and allowing the proposed wetland fill. Not only will this project alleviate impacts on access and minimize hazards in accordance with the public access and hazard policies of the Coastal Act, it will also provide replacement wetland acreage at a 4:1 ratio to mitigate for the fill of 0.24 acres of wetland. Conversely, disallowing this project to preserve this one quarter of an acre is not necessary to protect coastal resources in this situation and more significantly would defeat the implementation of the public access and hazard policies of the Coastal Act. The Commission therefore finds the project, in terms of an allowable use for fit'] of wetlands, consistent with the Coastal Act reliance on the conflict resolution provisions of Section 30007.5 and 30200. 2. Alternatives In addition to the question of allowable use, the proposed project must be the least environmentally damaging feasible alternative. The proposed pipe replacement represents the least amount of work necessary to replace and upgrade the existing drainage pipe. The wetland area was created by the drainage that is collected from the adjacent area and directed to this area of Newporter North via the City's storm drain system. Redirecting the drainage pipe to avoid disturbance due to replacing the pipe within the wetlands is not desirable because redirection of the drainage would eliminate the source of water to the wetlands, which would result in greater adverse impacts to the wetlands. Consequently, the drainage pipe replacement proposed constitutes the least environmentally damaging feasible alternative. The proposed bluff stabilization would be accomplished by construction of a shear key, buttress and subdrain. Regarding the history of the bluff, the geologic consultant, Leighton and Associates, Inc., states in a letter dated May 9, 1995: "The subject slope is a manufactured slope cut for construction of San Joaquin Hills Road. At the time of its construction, groundwater levels, if any existed, were probably significantly lower than at present. As surface water was directed and ponded above the slope from across Jamboree Road, it infiltrated into the subsurface and has built up the groundwater table as we have it today. That high groundwater results in seepage of water out of the slope face and accumulation of the seepage along the toe of the slope. A drain pipe was added at some point to drain surface water from the mesa at the top of the slope to the toe. Additional saturation of the slope around the pipe resulted in failure of the slope at that location. In addition to the slope failure around the pipe, erosion of the slope and shallow sloughing have occurred. The existing condition, taking into account the composition and structure of the slope is one of slope instability, which should be addressed." Newporter North 5-95-048 Page 14 The geologic consultant also addressed the issue of whether the proposed shear key and buttress was the least environmentally damaging alternative. In the letter dated May 90 1995, the consultant states: "In order to stabilize the slope, the groundwater needs to be removed from the blocks and slabs and the blocks and stabs need to be held up. The proposed shear key is the most effective means of achieving stability which also minimizes, to the greatest extent possible, the impact to surrounding habitat. Caissons do not control the ground water. Caissons are not effective on holding up shallow blocks and slabs. To have a positive effect on the slope stability, they would have to be drifted and constructed in a grid pattern of similar aerial extent to the recommended shear key and would not be less environmentally damaging." Another. method often used to stabilize bluffs is reconfiguring the slope. Because it would involve grading of the entire area, this alternative would also cause greater adverse impacts than the proposed method. Additionally, regrading the slope would not address the ground water condition which causes the instability. Geologic setbacks for development are also used in areas of bluff instability. In this case a bluff top setback is proposed. The setback is consistent with that recommended by the geologic consultant and with the requirements outlined in the development agreement. The bluff top setback is expected to provide adequate protection to the residential development. However, the bluff stabilization is not necessary to protect the proposed private residential development. Rather, the bluff stabilization is necessary to rectify an existing unstable and unsafe condition. The proposed bluff stabilization will protect the area of the future public view park. for these reasons, the proposed shear key, subdrain and buttress are considered to be the least environmentally damaging feasible alternative. The proposed road construction minimizes the amount of wetland impact to the greatest extent feasible. The proposed road would cross the wetland area in the location of an existing retention berm. The berm was created as a retention basin as part of the drainage system. The wetlands area was formed due to the local drainage collector retention basin. The berm also serves as a maintenance road. The proposed location of the road takes advantage of the pre-existing wetland crossing. However, the existing berm cannot accommodate the proposed road without creating some adverse impacts to the wetlands. Alternatives to the location of the road that were considered include taking entrance to the site further south along Jamboree Road. This option still requires a road in the location of the proposed road in order to access the entire development area. If two separate entrys into the site are created, a number of traffic safety issues arise. Entry from San Joaquin Hills Road or from Back Bay Drive is not feasible due to the steep grade between the roads and the developable portion of the site. In addition, entry off San Joaquin Hills Road or Back Bay Drive would adversely impact coastal sage scrub, an environmentally sensitive habitat area. The location of the site entry road is proposed because it is at an existing signalized intersection. Currently Santa Barbara Drive forms a "T" intersection with Jamboree Road. The proposed project would extend Santa Barbara Drive across Jamboree Road into the project site. The City's traffic Newporter North 5-95-048 Page 15 engineer commented on the proposed project in a letter dated May 2, 1995. Regarding possible entry south of Santa Barbara Drive the letter states: "Vertical and horizontal curves on Jamboree Road would impair sight distance and make it difficult for vehicles to safely enter and exit an access point southerly of Santa Barbara Drive." The City's letter also points out that Jamboree is one of four arterial roads in NAwport Beach and that traffic volumes along this arterial vary from 40 to 60,000 trips per day. The posted speed limit along Jamboree Road is 50 mph. The City has indicated that installation of a new traffic signal on Jamboree Road would not maintain an'acceptable level of service for an arterial. In addition, a new signal would not eliminate the sight distance impairment. The City has indicated that "it is very important that the City maintain the level of traffic service and safety of Jamboree Road." An entry/exit point on Jamboree south of Santa Barbara could raise safety concerns as exiting traffic would have to deal with both reduced sight distance caused by the hill, curve and the speed of oncoming traffic. Also, cars exiting from this point could only turn right onto Jamboree (due to the raised median, lack of an existing signal, and the City's reluctance to install a new signal for the reasons stated above). Any cars wishing to go north on Jamboree would have to turn south and then go to the next intersection to make a U-turn. Likewise, cars wishing to enter from northbound Jamboree would have to make a U-turn at San Joaquin Hills Road. A significant increase in the numbers of U-turns would adversely impact traffic flow and safety. Bridging the wetlands was also considered as an alternative. The applicant's engineering consultant, Van Dell and Associates, addressed this alternative in a letter dated May 9, 1995. The consultant states that the existing berm is a non -engineered berm and that it "will have to be removed and replaced by an engineered fill to serve as both the road crossing and the berm for the new/replacement retention basin." The consultant states that replacement of the berm is necessary with any of the bridge alternatives considered. The first bridge alternative evaluated an at -grade bridge. The at -grade alternative involves a bridge elevated just 5 to 6 feet to clear the detention basin berm. The consultant determined that this alternative would "breach the berm and potentially drain the basin that creates the wetland." If the berm was replaced upstream or downstream of the bridge, greater adverse impacts to the wetlands from the berm relocation would occur. The consultant's May 9, 1995 letter states: "In order to construct an at -grade bridge adjacent to the existing berm and in a location nearer to Jamboree Road, the area of impact to the wetlands would also be greater than the 0.11 acres for the proposed road. Wetlands would be impacted by the placement of piers and piling foundations and wing watts for bridge approach support in this location. The second bridge alternative considered is an above grade span that is higher and longer than the first bridge alternative. This alternative would span the entire wetlands. This option would still require a center pier support, resulting in some wetland impact. However, the consultant questions the feasibility of this option: Newporter North 5-95-048 Page 16 "Whether you can create safe roadway geometrics to include this bridge and fit it on the site is another question. The higher the bridge the harder to fit it within the constraints of the site. This bridge would have to have longer approaches to allow for appropriate vertical curves and the horizontal curve approaching the bridge from the entry would have to be lengthened compared to the existing road design. This longer radius curve would move the easterly bridge abutment and road into the wetlands unless a curved bridge were built much closer to the beginning at Jamboree. This would not allow access to the easterly pod of residential housing. A higher profile bridge would also result in longer approach fills and aesthetic impacts. The non —engineered berm would still have to be either strengthened 1n place or replaced as noted in Alternate 1. Therefore, a higher bridge is likely to impact existing habitat more than a fill crossing or a lower profile bridge." "Although this alternative would have the effect of avoiding some filling of wetlands and can be constructed from a technical perspective, we have considerable doubts as to whether it is indeed feasible and less environmentally damaging than the [proposed3 road alternative." The engineering consultant's May 90 1995 letter concludes: "In conclusion, white the proposed Santa Barbara Drive extension would result in the fitting of wetlands, it is economically and technically feasible and has less environmental impacts overall than either Alternative 1 or 2 and is therefore, in our opinion, the preferred access alternative. Neither of the bridge alternatives can be shown to be a feasible, less environmentally damaging alternative as compared to the proposed access road." For the reasons outlined above, the proposed roadway alternative is the least environmentally damaging feasible alternative. 3. Mitigation Finally, in addition to the question of allowable use and alternatives, the proposed project must provide adequate mitigation to offset the loss of wetland habitat. In order to mitigate this loss, the applicant proposes to create 0.96 new acres of wetlands, pursuant to the Habitat Mitigation and Monitoring Plan for the Newporter North Development, prepared by John M. Tettemer & Associates, dated May 1995, This represents a mitigation ratio of 4:1 (wetlands created to wetlands lost). The mitigation site has been designed around the existing wetland area located near the proposed project entrance near the intersection of Jamboree Road and Santa Barbara Drive. The existing wetland includes willow, baccharis, and cattails. The vegetation proposed to be planted includes arroyo willow, black willow, western cottonwood, and mulefat. The proposed mitigation is designed to expand the existing wetland habitat. The mitigation site is expected to take two to five years to mature. The site will be monitored for a Minimum of five years. Success criterion based on plantings' height and percent site coverage are included in the mitigation Newporter North 5-95-048 Page 17 plan. If the success criterion are not met, certain remedial actions will be taken, including additional planting and monitoring. Chances for the success of the proposed wetland mitigation are expected to be increased because it will expand an existing wetland area, it will continue to receive a long term water source in the form of urban runoff via the City's storm drain system, and public access to the site will be limited. The California Department of Fish and Game (CDFG) has reviewed and approved the proposed mitigation plan. In addition, the CDFG has entered into a Streambed Alteration Agreement with the applicant to address impacts to the existing wetlands. However, the proposed mitigation site is identified on the proposed tentative map as private open space (Lot V). Consequently, no assurance exists that the mitigation site will be preserved in perpetuity. If the mitigation site is not protected from the possibility of future -development, including landscaping with non —wetland species, a net loss of wetland area could result. The loss of wetland area resulting from the proposed project could not be found to be offset. In order to prevent loss of the wetland area to be created as mitigation for the proposed project, an open space deed restriction must be placed on the .96 acre site. The deed restriction would limit all future development at the mitigation site to habitat restoration, habitat maintenance, open space, and habitat protection. As a condition of approval the applicant shall record an open space deed restriction, subject to the review and approval of the Executive Director, over the entire mitigation site which limits all future development to the uses described above. The proposed mitigation plan requires that an annual report which presents the overall monitoring results be submitted to the CDFG and USACE. In order to insure that the mitigation plan is carried out as proposed and as described in the referenced plan and to insure consistency with the approved coastal development permit, the annual reports should also be submitted to the Coastal Commission. As a condition of approval, the applicant shall submit to the Executive Director, the annual mitigation monitoring report described in the Mitigation Plan. Finally, interim loss of wetlands must be minimized to the greatest extent possible. In order to minimize interim wetlands loss, the amount of time between the wetland impact and new creation must be limited. The mitigation must be implemented prior to or concurrent with the development that impacts the wetlands. As a condition of approval, the wetland mitigation plan shalt be implemented prior to or concurrent with the residential development. Therefore, as conditioned, the Commission finds the proposed project consistent with the Coastal Act policies regarding fill of wetlands. John Wayne.Gulch Wetlands In addition to the wetland area adjacent to the proposed project entry area, a 7.3 acre wetland'area exists on Lot T southwest of the proposed development area (6.23 acres of freshwater marsh and 1.07 acres of willow/mulefat scrub). Also a 0.08 acre pocket wetland exists southwest of that on the site. Proposed development will be setback a minimum of 150 feet from these wetlands. The entire area of these wetlands are located within the area Newporter North 5-95-048 Page 18 proposed to be dedicated by the applicant in fee as open space, In order to assure the protection and continuation of these wetland areas, uses within the wetland area must be restricted to conservation uses only. In addition, to assure maximum protection of the wetlands during project construction, protective fencing should be placed at the limits of grading. The limits of grading are shown at the 60 foot contour interval. As a condition of approval, the applicant shall deed restrict the uses within Lot T (except the 4 acre public bluff top view park area) to allow only conservation uses. In addition, as a condition of approval, the applicant shall install protective fencing along the 60 foot contour line and around all the on -site wetlands for the duration of construction. Therefore, as conditioned, the Commission finds the proposed project is consistent with habitat protection policies of the Coastal Act. 4ERMUMneMAIM i ,.. 1. Coastal sage scrub Section 30240 of the Coastal Act states: (a) Environmentally sensitive habitat areas shalt be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shalt be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas. The Newporter North site supports significant coastal sage scrub habitat. Most of the coastal sage scrub is located on the bluff faces. Coastal sage scrub is considered to be a sensitive habitat primarily due to its limited distribution and its importance to wildlife. This vegetative community supports a wide diversity of wildlife because the large diversity of plant species provides ample cover and foraging opportunities. Many species of birds, reptiles, and small mammals utilize the coastal sage scrub both for foraging and for shelter. In addition to supporting a number of more common wildlife species, many areas of coastal sage scrub, including that found at Newporter North, are habitat for the California gnatcatcher. Coastal sage scrub is found on coastal hills and tow elevation mountain sides in Orange and adjacent counties in coastal southern California. Because of rapid development in this region, the coastal sage scrub community which eight to ten years ago was still widespread is today considered threatened according to many biologists. United States Fish and Wildlife research indicates that 70-90% of the coastal sage scrub habitat in Orange County has been fragmented and destroyed. Certain of its obligate species, most notably the California gnatcatcher, are also being evaluated for listing status as threatened or endangered. Because of its limited distribution and importance to wildlife coastal sage scrub is environmentally sensitive habitat. The Biological Assessment prepared by S. Gregory Nelson, dated May 131 1992, for the Circulation Improvement and Open Space Agreement development agreement Newporter North 5-95-048 Page 19 Identified four pairs of gnatcatchers and two individual males on the Newporter North site. An update of the Biological Assessment was prepared by Michael Brandman Associates, dated November 10, 1995. On October 18 and November 4, 1994, Michael Brandman Associates confirmed the presence of gnatcatchers on site. 3.4 acres of coastal sage scrub will be impacted as a result of the bluff stabilization proposed as part of the subject project. According to the Biological Assessment prepared for the CIOSA development agreement, in addition to the direct loss of habitat, the proposed development will likely have indirect adverse impacts. Causal factors generated during human activities resulting from the construction and inhabitation of residential areas are collectively termed "harassment". Harassment is defined as those activities of humans and their associated domestic animals which increase physiological costs of survival or decrease the probability of successful reproduction in wildlife populations. The most common forms of harassment expected to accompany development of the site include excessive construction —related noise, background noise, light and glare and the introduction of feral cats, dogs and children which are unnatural predators and competitors for wildlife. The biological assessment further states that potentially significant indirect adverse impacts associated with the proposed project include "spillover", through harassment, into areas of coastal sage scrub habitat; the permanent loss of less tolerant wildlife species from open space and natural areas that remain adjacent to the development area; and potentially adverse interruptions and alterations to predator —prey relations and food chains now in balance within the Upper Newport Bay Ecological Reserve as a result of the loss of predatory birds, mammals and reptiles from the upland habitat. The California Department of Fish and Game (CDFG) has reviewed the proposed project's impacts to coastal sage scrub and made the following comment: "It is the position of the DFG that a Federal interim habitat loss permit, pursuant to the Special 4(d) Rule is appropriate for this project and we will concur with its issuance." In addition to concurring with the Federal agency responsible for issuance of the interim habitat loss permit, CDFG also noted in its comments that implementation of specific mitigation measures including the revegetation of coastal sage scrub, will occur as part of the project. The United States Fish and Wildlife Service (USFWS) has also reviewed the project, and provided the following comments in a letter dated March 9, 1995: In recent years, the Newporter North site has supported three to four pairs of gnatcatchers on the slopes, and is therefore an important site within the Bay. The territories on this site are compressed, relative to the majority of other sites in the subregion because this habitat is optimal for the gnatcatcher, in that it is low elevation CSS adjacent to the coast. The revegetation described above, particularly on the knoll area, will compensate for the increased disturbance due to the proposed residential development. Gnatcatchers were using a revegetated area on the Unocal HCP site only 18 months after its initiation, so the Service is confident that restored sites will support this species. Ultimately the 12 acre knoll may support four to six pairs, provided that it receives adequate protection from human intrusion. Newporter North 5-95-048 Page 20 CDFG, USFWS, and the biological consultant have determined that adverse impacts can be substantially offset by implementing certain mitigation measures. The mitigation measures referred to above and recommended by USFWS are listed below: - Revegetation of the slopes, where needed, above Back Bay Drive and San Joaquin Hills Rd. with coastal sage scrub (CSS). Pampass grass will be removed where it occurs. - Revegetation of the 12 acre knoll area on the opposite side of the Gulch with CSS. - Conservation easements will be placed on areas supporting existing habitat, and on revegetated areas. The USFWS comments conclude that if the project is conditioned as recommended in its letter cited above "the project satisfies the concerns of the Service." In addition to the comments of CDFG and USFWS, the biological consultant, Michael Brandman Associates, in a letter dated November 10, 19940 provided mitigation measures necessary to offset adverse impacts the proposed project would have on coastal sage scrub habitat. The biological consultant's November 10, 1994 letter states: "The following mitigation measures apply to the loss of coastal sage scrub. - Prior to the removal of coastal sage scrub, the U.S. Fish and Wildlife Service, California Department of Fish and Game, and County of Orange should be notified. All removal of coastal sage scrub should be done in accordance with Natural Communities Conservation Plan guidelines. - Vegetation should be removed from coastal sage scrub outside of the breeding season of the California gnatcatcher. The California gnatcatcher breeds from late February through July. Grading of coastal sage scrub should be conducted from August 15 though February 10. Other birds that are protected under the Migratory Bird Treaty Act during the breeding season will also be protected by grading during the non -breeding season of the California gnatcatcher. - Coastal sage scrub that is not in the area of impact should be protected with orange snow fencing. Silt fencing should be installed in places where construction occurs within 10 feet of the edge of the bluff. - A biological monitor should be present when work is being done in or within 200 feet of coastal sage scrub. - After slope stabilization measures are completed, coastal sage scrub revegetation should be implemented following resource agency guidelines. A conceptual restoration plan should be designed prior to grading. The coastal sage scrub that is removed should be crushed and used for revegetation to ensure species composition integrity on the site. Any supplemental seed mixture that may be used in the revegetation should contain seeds of coastal sage scrub species found on the site. Newporter North 5-95-048 Page 21 Any shrubs that may be planted on the site should be of the same species and planted in the same ratio as shrubs found on the site. The coastal sage scrub should be replaced at the same location from which it is being removed, both on manufactured slope and flat bluff edge near the footpath. Revegetation should take place on the manufactured slope from Lot 34 to 38 and on the bluff below the manufactured slope from a point 150 feet west of Lot 28 to Lot 38. It has also been recommended that coastal sage scrub removal occur from east to west to allow the gnatcatcher to disperse to CSS habitat that will remain. If all of the above described mitigation measures are incorporated into the project, no permanent significant adverse impacts to sensitive CSS habitat will occur. Revegetation is expected to result in a net increase in coastal sage scrub habitat. The USFWS has indicated that past revegetation projects have been successful. The applicant has proposed the revegetation as part of the project. M However, the applicant would like to use the revegetation of Newporter Knoll as "mitigation credits" to offset impacts of a future project. Coastal sage scrub is considered to be very sensitive habitat. The presence of four pairs of gnatcatchers on —site makes the subject site extremely significant. The proposed project can be accomplished without significant impacts to the sensitive CSS as determined by both CDFG and USFWS, but only if the mitigation measures described above are incorporated into the project. Without all of revegetation described above, adverse impacts to the CSS habitat are not assured of being insignificant. Therefore, the Commission finds that the proposed CSS revegetation cannot be applied against future adverse impacts but is necessary to offset impacts created by the subject project. Although the applicant has included CSS revegetation as part of the proposed project, no restoration plan has been submitted. The method of revegetation is critical to its success and in assuring that no significant adverse impacts will occur to the sensitive coastal sage scrub habitat. There must be an assurance that the proposed revegetation will include all of the aspects and mitigation measures described above. The revegetation restoration plan should be reviewed and approved by CDFG to assure that mitigation measures outlined above have been considered and incorporated into the project. Only then can the adverse impacts to the coastal sage scrub resulting from the proposed project be found to be insignificant. Section 30240 of the Coastal Act requires that no significant adverse impacts to coastal sage scrub be allowed. Therefore, as a condition of approval the applicant shalt comply with the above described mitigation measures and shall submit a coastal sage scrub revegetation restoration plan which has received approval from CDFG, and shall be subject to the review and approval of the Executive Director. Only as conditioned to include the above described mitigation measures and revegetation restoration plan can the proposed project be found consistent with Section 30240 of the Coastal Act. In addition, to assure that the revegetated areas necessary to offset the adverse impacts arising from the proposed project continue to support the sensitive habitat and species which would otherwise be impacted by the Newporter North 5-95-048 Page 22 project, only specified conservation uses should be allowed in the revegetation area of the dedicated open space. Restricting uses to only conservation uses was identified as a necessary component of the project mitigation by USFWS. The area to be revegetated is identified on the tentative map as Lots T and S, except for the 4 acre area identified for the public bluff top view park. Only those uses compatible with the continuation of the sensitive habitat shall be allowed in the area proposed to be dedicated In fee by the applicant. As a condition of approval the applicant shall specify the allowable uses within the dedicated open space areas within the areas which currently support or will be revegetated with, coastal sage scrub habitat. 2. Coyote den An occupied coyote den is located on the Newporter North project site. Although the coyote is not considered an endangered species, in the vicinity of Upper Newport Bay Ecological reserve it plays a vital role in the overall ecosystem. In the 1992 Biological Assessment prepared by S. Gregory Nelson for the CIOSA development agreement EIR, the role of the coyote in the Upper Newport Bay ecosystem was addressed. The biological assessment states that there is apparently a relationship between coyotes, mesopredators and sensitive bird breeding success, and that the loss of coyotes and subsequent increase in smaller predators can cause decreases in sensitive bird species populations. Coyotes are apparently critical in controlling "mesopredator" (e.g. the introduced red fox, feral cats, opossums) populations. In reviewing the proposed project the USFWS also addressed the issue of impacts of the proposed project on the coyote. In its letter dated March 9, 1995, USFWS states: The Newporter North location has also been important to the coyote in the recent past. Consequently, the Service has solicited the advice of a coyote expert from animal damage control. We received the following information. The denning site is on the slope, and the pups remain there for approximately one month. When the pups are weaned, they have a requirement for fresh water. The mother was taking her pups to the wetland on the northern end of the project, where they were sheltering under the CSS until old enough to travel. Once the residential project has been built, it is highly unlikely that the coyote would continue to use this wetland as a freshwater source. However, there is a good probability that the coyote would use the knoll site once it is revegetated, provided it is adequately protected from human intrusion. John Wayne Gulch would provide the freshwater source. Thus, the knoll would provide the requirements of shelter, water, and foraging habitat. It appears clear that while the coyote itself is not considered a sensitive species, adverse impacts that would eliminate the presence of the coyote in the Upper Newport Bay vicinity would adversely impact breeding success of the sensitive bird species known to inhabit the bay area. Sensitive bird species known to exist within the Upper Newport Bay Ecological Reserve include the Light-footed clapper rail, Least Bell's vireo, and California gnatcatcher. The California gnatcatcher and the Light-footed clapper rail are both USFWS and CDFG endangered species. Newporter North 5-95-048 Page 23 If the proposed revegetation of Newporter Knott does not occur, the coyote den on —site is expected to be abandoned and the coyote family group currently occupying it to relocate outside the UNBER, probably to the San Joaquin Hills area. The loss of the coyote would have serious adverse impacts on the sensitive bird species due to the increase in mesopredators such as the red fox and others. Such impacts are inconsistent with Coastal Act Section 30240's requirement that no significant adverse impacts on environmentally sensitive habitat occur. In addition to the need for the proposed revegetation to occur to assure no adverse impacts to the coastal sage scrub habitat itself, the revegetation is also necessary to preserve sensitive bird species in the UNBER by maintaining the existence of the coyote. For these reasons the proposed revegetation must be considered mitigation necessary for the proposed project and cannot be used as mitigation credit in the future. D. Open Space Dedications Section 30210 of the Coastal Act states: In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. In addition, Section 30240 requires that environmentally sensitive habitat areas be protected against any significant disruption. The proposed project includes the fee dedication of 45.8 acres of public open space. Of that figure, 4.0 acres will is to be dedicated as a public bluff top view park. The view park includes a public trail. The remaining dedication area contains significant habitat values. As discussed previously, these area have been conditioned to allow only conservation uses. In accordance with the approved CIOSA development agreement, dedication of the Newporter North open space land will occur upon issuance of the first building permit. Also in accordance with the approved development agreement, dedication of the Newporter North parcel will occur upon the effective date of the CIOSA development agreement. Under the terms and conditions of the approved CIOSA development agreement, an additional 8.5 acres were to be dedicated to the City as public open space. This 8.5 acre area is identified on the tentative map as Lots V and X. The City has indicated, however, that they do not wish to accept dedication of the area. The area in question is the area between the proposed residential development and Jamboree Road. It will essentially serve as a buffer between the residential development and the arterial roadway. Because the City has indicated that it is not willing to accept the dedication, the applicant has identified the area as private open space on the proposed tentative map. Whether the area is dedicated to the City for public open space or is identified as private open space, the use is expected to be the same, a buffer between proposed the residential development and the adjacent roadway. The area is not wide enough nor appropriately located to be used as public area. Newporter North 5-95-048 Page 24 The area is not proposed to be developed, except that a berm is proposed to be created and landscaped for aesthetic reasons. This will protect views from Jamboree Road as well as from the residential development. The use of the area is not proposed to change if it is not dedicated to the City. However, to assure that the development does not occur within the area in the future an open space deed restriction should be placed on the two lots. In considering and approving the CIOSA development agreement, the Commission weighed the amount of development entitlement against the public benefits such as the dedication of open space. Overall, the Commission found the significant amount of open space land a significant public benefit consistent with Section 30210's requirement of the provision of maximum public access and recreation. The Commission finds that the proposed project is still consistent with Section 30210 even if the two tots, V and X are not dedicated dedicated to the City, provided an open space deed restriction is placed upon them to assure no development will occur. An open space deed restriction will have the same effect on the two lots as if the dedication to the City had occurred. As a condition of approval, the applicant shalt execute and record an open space deed restriction, for the review and approval of the Executive Director upon the two lots identified on the proposed tentative map as V and X. Therefore, as conditioned, the Commission finds the proposed project consistent with Section 30210 of the Coastal Act. Section 30253 of the Coastal Act states, in pertinent part: New development shall: (1) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (2) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. The subject site is a bluff top parcelThe proposed development includes 772,900 cubic yards each of cut and flit. Grading of this magnitude could create certain risks including instability and erosion, especially on bluff top parcels. In conjunction with the development agreement, an earth resources report was prepared for the development agreement's Environmental Impact Report and addressed all eleven of the development agreement sites. The EIR earth resources report is dated February 18, 1992. In addition, a site specific Preliminary Geotechnical Investigation was prepared by GeoSoils, Inc. (dated February 4, 1991). The 1991 report was updated by Leighton and Associates on October 26, 1994 to specifically address design of the proposed bluff stabilization. In addition, the geology report was updated via letters dated September 30, 1994 and revised October 10, 1994 and May 9, 1995. Newporter North 5-95-048 Page 25 The geology reports prepared for the site identify certain unfavorable conditions at the site. These unfavorable conditions include tow bluff and slope stability; compressible/collapsible soils, ground water seepage, and saturated diatomaceous soils. The geologic update letter dated 9/30/94 and revised 10/10/94 states: These issues can be addressed by remedial design, including structural setbacks above the bluff and adjacent slope, construction of slope buttresses, removal and recompaction of unsuitable soils, which will also serve to minimize permeability, mixing or drying of site soils and subdrainage to control ground water levels. The bluff top park design will direct surface drainage away from the bluff face to minimize future erosion. The Preliminary Geotechnical Investigation contains recommendations to address and mitigate the unfavorable conditions at the site. The geologic update letter report dated 9/30/94 and revised 10/10/94 states: "The proposed development is geotechnically feasible from a geotechnical standpoint, provided the specific recommendations and remedial earthwork measures developed during design of grading plan are implemented during grading and construction. The proposed project includes bluff stabilization for the portion of the bluff above San Joaquin Hills Road. The geological consultant's letter dated 5/9/95 describes the unstable bluff area: The subject slope is a manufactured slope cut for construction of San Joaquin Hilts Road. At the time of its construction, ground water levels, if any existed, were probably significantly lower than at present. As surface water was directed and ponded above the slope from across Jamboree Road, it infiltrated into the subsurface and has built up the groundwater table as we have it today. That high groundwater results in seepage of water out of the slope face and accumulation of the seepage along the toe of the'slope. A drain pipe was added at some point to drain surface water from the mesa at the top of the slope to the toe. The bluff is proposed to be stabilized by construction of a shear key, buttress and subdrain. The shear key design and construction is intended to provide for both slope stability and groundwater subdrainage. The shear is proposed to give gross stability to the slope by excavating a portion of the slope until competent material is reached, installing a subdrain system to collect and conduct groundwater away from the slope, then recompacting the soil with lifts to achieve 90% relative compaction. Once the shear key work is completed the slope will be returned to its original contours and revegetated. The proposed shear key, subdrain and buttress system is expected to remedy the existing instability and will collect the ground water and direct to the storm drain system within San Joaquin Hills Road at the base of the bluff. Collecting and redirecting the ground water away from the face of the bluff will eliminate the major, cause of the bluff instability. The geotechnical reports include recommendations for construction of the shear key, subdrain Newporter North 5-95-048 Page 26 system. In order to assure bluff stability these recommendations must be incorporated into the design and construction of the project. The recommendations contained in the geology reports prepared for the proposed development must be incorporated into the design and construction of the project in order to assure the geologic stability of the site. As a condition of approval the applicant shall submit, for the review and approval of the Executive Director, grading and foundation plans, signed by the geotechnical consultant, indicating that the recommendations contained in the referenced reports have been incorporated into the design of the project. Therefore, as conditioned, the Commission finds the proposed development is consistent with Section 30253 of the Coastal Act which requires that risks be minimized. F. Prejudice to LCP Section 30604(a) of the Coastal Act provides that a coastal development permit shall be issued only if the proposed development would not prejudice the ability of the local government having jurisdiction to prepare a local coastal program (LCP) which conforms with, and is adequate to carry out, the Chapter Three policies of the Coastal Act. The Newport Beach LUP was certified on May 19, 1982. The proposed development, as conditioned, is consistent with the certified Land Use Plan land use designation for the site. The proposed development has been conditioned to assure protection of environmentally sensitive habitat and wetlands, minimize geologic risk and assure the dedications of property consistent with an approved development agreement. Therefore, the Commission finds that the proposed development, as conditioned, would not prejudice the ability of the City of Newport Beach to prepare a local coastal program consistent with the Chapter Three policies of the Coastal Act. 51, Section 13096 of Title 14 of the California Code of Regulations requires Commission approval of Coastal Development Permits to be supported by a finding showing the permit, as conditioned, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(i) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. The proposed project has been conditioned in order to be found consistent with the public access and recreation, environmentally sensitive habitat, hazard and wetland policies of the Coastal Act. Mitigation measures including dedication of open space, creation of wetland acreage, coastal sage scrub revegetation, monitoring of the wetlands mitigation, incorporation of the geologic consultant's recommendations into the design of the project will minimize all adverse impacts. As conditioned, there are no feasible alternatives or feasible mitigation measures available which would Newporter North 5-95-048 Page 27 substantially lessen any significant adverse impact which the activity may have -on the environment. Therefore, the Commission finds that the proposed project can be found consistent with the requirements of the Coastal Act to conform to CEQA. 4474F 1-405 FREEWAY SANTA BARBARA DR. NEWPORT CENTER DR. ........ "44 RD. F, �rb Ny, N NOT TO SCALE -�/5 -c'�/o NEWPORTER NORTH LOCATION MAP DATE 5-95 W51 1 ..w Gt`c�F 47 C��y�i .�� ��[a�t�v s�"Y.i•_ tT�a• 1C•.��: �C�IC%i'L �tf�r �l, tcfrt •• �:C�^ �1'//�=..���� �� CCU �'\!j •f�'r�'. Ila]i �^rt 1 '��.f %i(.}ram.. �^'; .................. U �qP S h� URESIDENTIAL PARK OPEN SPACE/NATURAL AREAS C IC5A bey, Aql LAND USE PLAN Q NEWPORTER NORTH PLANNED COMMUNITY DISTR Q+ H �O JOA01itU 5=15c��1a IT .A I. i 5 �Srr �a�J._. h♦ Or !!1S LEGEND Prom= MOIIMVw / r . ocvmvl rrr AMEA ® �wwnm&xrxr OCWA <Il�rl rr MPO M TC AMMM CIMML + '+isjf! MASI ! cd'• 1rITE11M O SUMMARY EUS" JOMSOTCTIONAL WATERS WKLCWM@KWXT MCI U !AM AC 9`. fMNIMMrd MAM OM AC y TOTAL M." AC /!ACTS TO AIMSOICTIOMAL WATERS .• L .. IOOIL• 9.24 AC F ► OW. � AA.3MCTO MlE United States Department of the Interior �F�g°��n FISH AND \X'ILDLIFE SERVICE MAR 13 1995 Ecological Services Carlsbad Field Office CALIFORNIA 230 :162d. er Avenue Ves200 COASTAL COMMISSION Carlsbad. California 920U9 ' SOUTH COAST DISTRIC) March 9, 1995 Mr. Chuck Daum California Coastal Commission 245 West Broadway, Suite 380 P.O. Box 1450 Long Beach, California 90802-4416 Dear Mr. Daum: The intention of this correspondence is to express the Fish and Wildlife Services, (Service) position regarding your project and its related avoidance, minimization, and restoration measures. As you are aware, The Irvine Company, the Coastal Commission, local conservation groups, and the Service have spent an extraordinary amount of time resolving the difficult biological issues on this site in relation to its development potential. The mitigation measures outlined below are sufficient to maintain, and possibly enhance the biological value of this property. This 89 acre parcel, which is immediately adjacent to the Upper Newport Bay Ecological Reserve, supports two federally listed species: the light-footed clapper rail (Ralius longirostris levioes), and the California gnatcatcher (Poliootila californica californics). Additionally, it contains a recent denning site for the coyote (Canis latrans), whose continued presence in the Bay is very important to its biological integrity. The following measures will offset the loss of open space due to the residential development onsite: 1. Avoidance of the two wetlands onsite. The development has been pulled back from John Wayne Gulch and some native shrub cover should be established between it and the development. The Service accepts the small incursion into the wetland on the upland portion of the project as insignificant, especially as it has been replaced at a four to one ratio. 2. Revegetation of the slopes, where needed, above Back Bay Drive and San Joaquin Hills Rd. with coastal sage scrub (CSS). Pampas grass will be removed where it occurs. 3. Revegetation of the 12 acre knoll area on the opposite side of the Gulch with CSS. 4. Conservation easements will be,placed on areas supporting existing habitat, and on revegetated areas. cy u 5 F W 5 cams de: Mr. Chuck Daum 2 In recent years, the Newporter North site has supported three to four pairs of gnatcatchers on the slopes, and is therefore an important site within the Bay. The terrvitories on this site are compressed, relative to the majority of other sites in the subregion because this habitat is optimal for the gnatcatcher, in that it is low elevation CSS adjacent to the coast. The revegetation described above, particularly on the knoll area, will compensate for the increased disturbance due to the proposed residential development. Gnatcatchers were using a revegetated area on the Unocal HCp site only 18 months after its initiation, so the Service is confident that restored sites will support this species. Ultimately the 12 sere knoll may support four to six pairs, provided that it receives adequate protection from human intrusion. It is important to maximize the number of pairs of gnatcatchers in the Bay area, as several projects in the near term will remove gnatcatcher habitat, weaken wildlife corridors, and increase the level of human activity which has impacts on the gnatcatchers (and many other species) use of existing habitat. These projects include the residential project on San Diego Creek South which is removing 5.6 acres of occupied gnatcatcher habitat, a Mercedes Benz dealership and road extension which is removing occupied habitat on the San Diego Creek North site, the interpretive center and parking lot, and of course, the San Joaquin Hills Transportation Corridor. While all of these projects are associated with mitigation measures which partially offset impacts, numerous biologists are concerned about the biological integrity of this area. The Newporter North location has also been important to the coyote in the recent past. Consequently, the Service has solicited the advise of a coyote expert from animal damage control. We received the following information. The donning site is on the slope, and the pups remain there for approximately one month. When the pups are weaned, they have a requirement for fresh water. The mother was taking her pups to the wetland on the Northern and of the project, where they were sheltering under the CSS until old enough to travel. Once the residential project has been built, it is highly unlikely that the coyote would continue to use this wetland as a freshwater source. However, there is a good probability that the coyote would use the knoll site ones it is revegetated, provided it is adequately protected from human intrusion. John Wayne Gulch would provide the freshwater source. Thus, the knoll would provide the requirements of shelter, water, and foraging habitat. However, the Service has learned of recent conditions required on the project site by the City of Newport Beach which would largely negate the value of these mitigation measures. Initially, the City proposed a circular 16 foot road with an emergency turnaround for a fire truck on the bluff face. This road was immediately adjacent to all habitat areas on the site. Additionally, there was a link which passed through the wetland area and bisected a gnatcatcher territory to connect it with Back Bay Dr. There is also a proposed picnic area and associated trail on the knoll. These features have been scaled down such that the road is narrower, and the link to Back Bay Dr. has been eliminated. However, the Service has major concerns concerning these requirements. A picnic area on the knoll area would eliminate its use to the coyote as described above, and would reduce its value to the gnatcatcher. The road around the project site would encourage large numbers of people to use areas next to habitat, thereby 5•�tS��l� I:- Mr. Chuck Daum 3 eliminating any buffer. The six known locations for gnatcatcher nests have all been in the upper 1/3 of the slope, and four have been within the upper 20 feet of the bluff top. Presumably, this is due to the level of disturbance occurring at the bottom of the slopes. There will also be impacts due to night lighting of the trail system. These slopes are not very wide and if we introduce disturbance at the top of the slope there will be little habitat left to be used for nesting. Also, the City evidently feels that the trail along the bluff will encourage people to go down over the bluff edge to such an extent that they feel an emergency turnaround for a fire truck is necessary. This will result in additional habitat loss and disturbance, which we can ill afford, as well as create a public safety problem. For these reasons the Service recommends against a road along John Wayne Gulch, and any facilities on the knoll. We further recommend that a pedestrian trail composed of decomposed granite track along the bluff face. paralleling San Joaquin Hill Dr. out to the viewpoint without continuing on to John Wayne Gulch. Lighting from this trail should not impact adjacent habitat. However, if this trail constitutes as much of a public safety threat as the City believes, it should not be constructed at all. In view of the extremely sensitive biological issues on this site, people need to use these areas respectfully, or they should not be used at all.• Does the City intend to commit resources adequate to enforce proper use of these areas? Upper Newport Bay Ecological Reserve supports seven federally listed species, and is a resource of regional significance. It is regarded as one of the major binding locations in the western United States, primarily because of its unparalleled access. If we are not careful, and do not more carefully balance human utilization with preservation, we will eliminate those wildlife resources which people are coming to see. The Coastal Act, which places priority on access, subordinates access to resource protection (Section 30240) for just this reason. The Service questions the need for access on this site given the existing biological resources, and the extensive access already provided in the Bay. The project, as conditioned by the comments in this -letter, satisfies the requirements of the Service. We commend The Irvine Company for its efforts to accommodate biological concerns on this site. If you have any questions concerning this correspondence, please contact Linda Dawes at (619) 431-9440. Sincerely, Gail C. Kobetich �C Field Supervisor cc: Patricia Temple, NB Larry Eng, DFG Tim Neely, OCEMA Rod Meade, RJM Con. �- 95-- (-)(l Co- 4 3 STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Ocwmr DEPARTMENT OF FISH AND GAME 1416 NINTH STREET P.O. #OX 944209 SACRAMENTO, CA 94241.2M (916) 653-9767 IrD - ��1 April 21, 1995 Mr. Norman E. Witt, Jr. CAL.•.;;.•: , Vice President Coastal Community Builders 550 Newport Center Drive P.O. Box 6370 Newport Beach, CA 92658-6370 Prop0264 Mitigation Piaa-Newporter North Dear Mr. Witt: The Department of Fish and Game (DFG) has reviewed the proposed mitigation plan for the Newporter North project which is located in the City of Newport Beach, to the east of the Upper Newport Bay Ecological Reserve and outside of the proposed Natural Communities Conservation Program Reserve Design for the Orange County Central/Coastal Subregion. Development of the Newporter North project was addressed in the Circulation Improvement and Open Space Agreement Environmental Impact Report (certified 8/92) and approved by the California Coastal Commission in June 1993. The City of Newport Beach has used the certified Program EIR to provide the basis of an initial study. Through the initial study process, the City has reviewed all the necessary information and has concluded that in addition to the determinations set forth under the program EIR, the fifteen new mitigation measures resulting from the initial study will appropriately mitigate the project -related impacts to a level of insignificance. The proposed project will remove approximately 3.4 acres of occupied coastal California gnatcatcher (PoliOptiln californica californica) coastal sage scrub (CSS) habitat. In addition to the fifteen mitigation measures proposed, project implementation will result in the replacement of approximately 5.5 acres of CSS habitat. It is the position of the DFG that a Federal interim habitat loss permit, pursuant to the Special 4(d) Rule is appropriate for this project and we will concur with its issuance. The project applicant is also pursuing the necessary agreement and permit actions for impacts to the wetland habitats with the DFG and Army Corps of Engineers. No additional permits or actions will be required of the project applicant. .5- 95- ny t) C Df L? Ccn)nu-f:J Mr. Norman E. Witt, Jr. April 21, 1995 Page Two Should you have any questions regarding this correspondence please contact Ms. Cheryl Heffley; Wildlife Biologist at (310) 694-3578 or Mr. Bill Tippets, NCCP Supervisor at (619) 467-4212. Sincerel , Larry L. ng, .D. NCCP Program Manager cc: Department of Fish and Game: Ms. Patty Wolf Ms. Cheryl Heffley Mr. Troy Kelly Long Beach Mr. Banky Curtis Sacramento U.S. Fish & Wildlife Service: Mr. Gail Kobetich Ms. Nancy Gilbert Ms. Linda Dawes California Coastal Commission: Ms. Meg Vaughan ✓ Long Beach E P.02 :�`�;._ �Gchad Rriintimxn a?ssor'arrs November 10, 19% Ms. Patricia Temple City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 SUBJECT. Supplemental Biological Assessment for the Newporter North Site, City of Newport Beach, California. Dar Ms. Temple: This letter report describes the findings of a supplemental biological cent to adjacent assessment conducted on the Newporter North site, In the City of Newport Beach. The Newporter North site is locoed aa the Upper Newport Bay Ecological Reserve and is bounded by Back Bay Drive, San Joaquin dRoad, and Jamboree Road, DrMODUCTIO.Y Changes in the development plan for the Newporter North site will create additional impacts and magnify Other imparts to the natural resources existing on the site, Additional Impacts to biological resources will be created by moving the development closer to John Rayne Gulch and by the construction of slope stabilization features. Thu document also addresses impacts to the jurisdictioaW wetlands and water quality issues, and plain palettes to be used for landscaping manufaaured slopes. Mitigation measures that are designed to lessen impacts to biological resources are suggested. KV13001W • A biologist from Michael Brandman Associates surveyed the Newporter North site ort October I B and November 4, 1994 to determine additional Impacts to biological resources that may result from changes made in the Newporwr North grading plans, The analysis included a review of biological studies conducted for the IM OEM, a wetland delineation conducted by John M. Tutemer & Associates in 1994, a geological report prepared by Leighton and Associates in 1994, 1994 grading plans for the Newporter North site, and aerial photographs. V PACTS TO J039N WAYNE GULCH John Wayne Gulch is a drainage located on the western portion of the Newporter North site. The vegetation in John Wayne Gulch consists of 6.73 acres of freshwater marsh and 1.04 acre of willow woodlaad/mulefat scrub. The light-footed clapper rail (UIUJ 10119frosrrfaWpes), a federal and state d i l l U tl'p lit ui Ii.11I . illy: I'Inir •: � ;I"�•; l U•, 1 IIe ,I'1'i:. 'illl"n yi. .;, 5- i 5^• oil � '',6to ' C'c�,kt.t.11�.n�• Ct�»/�w S X /u P.03 Ms. Patricia Temple November 10, 1994 Page 2 listed endangered species, is reported to use John Wayne Gulch as part of its habitat. This species is a resident south of the saltwater marsh of Upper Newport Bay. Wildlifi Habitat Igmes As Originally Planned, the development was to extend approximately along the 100•foot contour whieh would place the edge of development at a minimum of 300 feet from John Wayne Gulch. In order to reduce potential imp&= to the bluffs, the development is planned to be shifted away from the bluffs and moved closer to John Wayne Gulch. The new limit of development near John Wayne Gulch will be at the 60-foot contour and a minimum distance of approximately 150 feet from John Wayne Gulch. Moving the development to the location closer to John Wayne Gulch will neither add new direct impacts to John Wayne Gulch nor require changes to the adopted midgarion measures. Adopted mitigation treasure 18 states that construction activity shall not occur below the 60-foot contour above John Wayne Gulch. The development will be approximately 150 feet closer to John Wayne Gulch than stated in previous Plans- This may create new additional impacts by increasing the visual impact of the development on wildlife species and increasing noise levels at John Wayne Gulch. The increased visual and noise impaca may inhibit use of Johr Wayne Gulch by wildlife, including the light-footed clapper rail. The following mitigation measures will lessen the impacts of moving the development closer to John Ways Gulch. • To prevent construction activities from inadvertently impacting John Wayne Gulch, a temporary barrier that will function as both a visible warning to construction crew and a physical barrier against construction activities should be installed along the 60- foot comour. Increase the cover between John Wayne Gulch and the development by planting native vegetation between the development and John Wayne Gulch. The vegetation Should act as a visual barrier for wildlife using John Wayne Gulch. A strip of vegetation between 50 and 60 feet wide will be planted on the tnanufacrured slope below the development. 77t1s vegetation should provide the recommended visual barrier. • The design proposed 6-foot wrought iron fence described in the construction blueprint should be changed to provide a noise barrier between John Wayne Gulch and the development. The lower half of the fence should be constructed of a solid material, such as cinder block, that will decrease the amount of noise from the development. The top of the fence may be made -of wrought iron or other materials that will not impair the view of the residents. -`iS-CUB Ms. Patricia Temple November 10, 1"4 Page 3 1:�?'t•:t•'Ri:'1 The wetlands located on the bluff top above S&a Joaquin Hills Road receive urban runoff from Newport Center through &drainage pipe the crones beneath Jamboree Road. A dual basin retention system will de used to drain wear from the site. Runoff will pass through an existing detention basin and a new detention basin to be built on the south end of the development. From the second detention basin, runoff Will drain into John Wayne Gulch. A Swale will be constructed parallel and adjacent to Jamboree Road to contain water from 1001W flood events. The water quality of John Wayne Gulch and the Upper Newport Bay Ecological Reserve, may be degraded by urban runoff being released Into John Wayne Gulch. The following mitigation wiil lessen water quality impacts to John Wayne Gulch by cleaning the wane before it Is released into John Wayne Gulch. • The detamion basin should be created with a soft bottom to permit percolation, thus lemming the need to direct warn Into John Wayne Gulch. The detention basin should be divided Into Cells, and each cells should be planted with freshwater emergent vegetation. Running the runoff through vegetation will be effective in cleaning the water before it is released Inm John Wayne Gulch. The ells should be maintained and cleaned periodically. A manual detailing maintenance guidelines for the detention basin cells should be asuod. The wetland habitat created in the detention basins should not be construed as mitigation for impacts to jurisdictional wetlaods because periodic cleaning of the cells will be necessary to keep them functioning as designed. DWACTS RELATED TO SLOPE STABII.IUMoN In order to stabilize the bluff above San Joaquin HIM Rout, a shear key and a cutoff trench will be constructed as specified by Leighton and Ataociates (1994). Impacts to vegetation related to these Stabillzadon measures were estimated from bued on geotechnloal mops and matari&1 identifying bluff Stabilization he a and esed to of neesary grading and tiering provided by the geotschndcal tronsultaat. The tees estimated to be Itttpaaed by the shear key is 140 feet wide aced begins at & point 100 feet east of the bluff edge closest to Back Bay Drive on the northwestern corner of the bluff top. The shear key impact area exteods along the edge of the bluff top and runs east -Rest, parelleling Seca Joaquin Hills Road for 440 feet. The cutofY'trench Ifipaet era Is 90 feet wide and extends from the Ott= end of the shear key to a point opposite the driveway to the Park Newport Apartments. The cutoff trench runs east -west, parallels San Joaquin NUIs Road and extends to the edge of the bluff. More precite impacts can be measured'after the Impacted area is staked. Estimated impacts include 1.9.scres of non -naive grassland, 1.5 acres of coast&[ Sege scrub. 0.13 acre of jurisdictional wetlands, and 0.2 acre of trail. Impacts to the non•aatdve grassland and trail would not be considered sigttifdoant. 5- 5 P.05 Ms. Patricia Temple November 10, 1994 t Page 4 Mitigation measures for the loss of the estimated 0.43 acre of wedands are discussed below in the "Impacts to Jurisdictional Wetlands" section. An estimated 1.5 acres of coastal sage scrub will be removed during the construction of the shear key and cutoff trench. The coastal sage scrub in the impact area is dominated by California sagebrush (Arlemfsla caUfornica), ubastal goideabush (bocoma rre=esh), and California sunflower (Encelia caltfornica). The coastal sage scrub that is to be impacted is occupied by the California gnateatcher (FoUgpn/a mUfornica caUfornica), according to the 1992 DER. During surveys conducted on October IS and November 4, 1994, Michael Brandman Associates found California goamatchers in this area. The following mitigation measures apply to the loss of coastal sage scrub. • Prior to the removal of coastal sage scrub, the U.S. Fish and Wildlife Service, California Department of Fish and Game, and County of Orange should be ootified. All removal of coastal sage scrub should be done in accordance with Natural Communities Conservation Plan guidelines. • Vegetation should be removed from costal sage scrub outside of the breading season of the California goawatcher. The California gastcatcher breeds from late February through July. Grading of coastal sage scrub should be conducted from August 15 through February 10. Other birds that are protected under the Migrarory Bird Treaty Act during the breeding season will also be protoaed by grading during the non -breeding season of the California gnateamher. • Coastal sage scrub that is not In the area of impact should be protected with orange snow fencing. Silt fencing should be installed in places where construction occurs Within 10 feet of the edge of the bluff. • A biological monitor should be present when work is being done in or within 200 fat of coastal sage scrub. • During removal of coastal sage scrub, the vegetation should be removed from east to west to allow the California gnatcatchers to disperse into other arcs of coastal sage scrub. • After slope stabilization measures are completed, coastal sage scrub revegetarion should be implemented following resource agency guidelines. A conceptual restoration plan should be designed prior to grading. The coastal sage scrub that is removed should be crushed and used for ievegetation to ensure species composition integrity on the site. Any supplemental seed mixture that may be used in the revegetation should contain seeds of coastal sage scrub species found on the site. Sys-i,,y` Ms. Patricia Temple November 10, 1994 Page 5 Any shrubt that may be planted on the site sbouid be of the same species and placued in the same ratio as shrubs found on the site. The coastal save scrub should be replaced at the same loation from which it is being removed, both on the manufactured slope and flat bluff edge near the footpath. Revegeation should take place on the slope from Lot 34 to Lot 38 Ind on the bluff below the manufactured slope from I point 150 feet west of Lot 28 to Lot 38. U61PACM TO JLTmIL-noNAL WEPLANIDS A total of 9.42 acres of jurisdictional wetlands were located on the Newporter North site by John M. Tettetner dz Associates in 1994. John Wayne Gulch comprises 7.77 acres of the Jurisdictional wetlands and the remaining 1.65 acre lies on the bluff opposite Santa Barbara Drive. The wetlands oflobn Wayne Gulch will not be directly impacted by development. The Jurisdictional wetlands on the Newponer North site obtain water from a pipe that crosses beneath Jamboree Road, from surface runoff, and possibly from groundwater sources. The developmem may decrease the amount of surface runoff available to the wedands due to a loss of natural surface area near the wetlands. However, many of the surfaces such Is roads and driveways will be constructed from iniiw viout Materials. Runoff from impervious materials may increase the amount of surface runoff in certain areas near the wetlands. Additionally, the footpath should be graded to allow surface runoff w flow imn the wetlands, water from the pipe that crosses beneath Jamboree Road will continue to now into the wetlands. Without a detailed study of the hydrology of the Newporter North wetlands, it is difficult to predict the extent of indirect impacts to the wetlands, However, it is anticipated this the indirect Impacts to the wetlands will be minimal and that the wetlands will not be adversely affected by indirect impacts. The vegetation of the 1.65 tare wtalst $ on the bluff top consists of willow woodland/mulefat scrub. Dominsat species in this babitat are arroyo willow (Soar lortolepft), mule fat (Becdterit ralfct�b!!a), and broad-leaved cattail (?ypho kutjblfa). impacts to that wetland will be minimal. Of the 1.65 acres of willow woodlAsd/mulefat scrub, 0,07 acre will be impacted by the completion of the main access road to the development. An additional 0.04 acre of jurisdiction*! wetlands will be imputed by the construction of the 100•yeer flood Swale. An estimated 0.13 Are of wetlands will be impacted by slope stabilisation meatus. The recent juAsdictionai wetland delineation is more specific than previous wodAtd scudiu conduaW on the property and, therefore, impacts to the wetlands can be measured with Bremer accuracy once the eonstmed0c plans sets flnalizsd. The wetland delineation was done pursuant to mitigation measures rulred by the Project Eat. in addition, the Project EM also states that the California Dep*ranent of Fish and Game (CDFG) shall be notified on any streambed alterations prior to the issuance of a grading permit. It is preferable that impacts to jurisdictional wetlands be kept to a minimum. Unavoidable impacts to the 0.24 acre of jutisdietional wetlands can be lessened with the following mitigation measures. . I . W. Patricia Temple November 10, 1994 Pace 6 • The footpath in the view park should be designed along the path of the existing trail that paralIeIs San Joaquin Hills Road. The existing trail does not pass through wetlands. • _All losses of wetland habitat should be replaced with in -kW wetlands, consistent with CDFG and California Coastal Commission (CCC) policies. Wetlands should be replaced onsite, if possible. If no onsite replat-cment is possible, than wetlands should be replaced at a location as near as possible to the Newpotter North site. The site should preferably he located in the Upper Newport Bay ecosystem. • Buffers used to protect the wetlands Aould be consistent with CDFG and CCC guidelines. • The removal of vegetation from the wetlands should be conducted between August 15 and February 10 to avoid impacts to breeding birds. MAhVFACTLMM SLOPE PLAN-T PALETTE Lstds¢aping on the mamfachued slopes that overlook the Upper Newport Bay Ecological Reserve -and John Wayne Gulch should contain species which will not promote degradation of the natural habitats by the invasion of non-native species. Many of the plant species listed on Sheet 6 of the Landscape Concept Plan for the Newporter North site are natives and may provide habitat for wildlife species that use the coastal sage scrub of the reserve. However, some of the non-native plants listed on the planting plans are invasive and could spread into the reserve. These non-native plants should be replaced with native Plants that may increase the value of the manufacnrred slopes to wildlife, pose little or no threat to the flora of the reserve, and are of high aesthetic value. The following recommendations should apply to manufactured slopes behind Lots 20 to 53 including the north slope of the access road, Lots 151 to 168, and the western slope of the detention basin. • Ground salthush, or Australian saltbush (Atripiea seWbotcara) is non•native and highly invasive. It should be replsced with quail brush (AMPles lentifonnis) or four. wing saltbush (AftPlex coneseens). Bah of these species are native to Newport Bay. • -Eucalyptus trees (EUC41YPtu: sP•) tend to be involve and produce allelopathic chemicals that inhibit the growth of other plants. Eucalyptua trees on these slopes should be replaced with Mexican elderberry (Sambucur met3cana) or tout live oak (Quercus agriXa). Both of these species are native and have a high aesthetic value. • Myoporum (MyoPorum laMM) and amia (Acacia sp.), both Don -natives and invasive, should be replaced with Mexican elderberry, California flannelbush (Jt}tmonrodendron caUfornicunt ssp. californicum), or lemonadeberry (Rhar hVegrifolia). Ft, W Psuicia Temple November 10, 1994 Page 7 Broom bacehuis (Baccharis serothroides) is a native species this is common in San Diego County but is not found At Newport Back Bay. It sbould be replaced with coyote brush (Macchads piWaris) or Emory bacchiris i,Bocchatis entoryn as broom baccharIs may invade wetlands in the reserve. e Roekrose (Carus sp.), laatam Vartsarta sp.), Japanese honeysuckle (Lonicera Inca), sad pride of Madeira (Echlwn fosruoSwn) should be replaced. with natives such As bladderpod (Isomeris arborea), monkeyflower (Mpnulus M"llija Poppy (Romneya coukeri), Cslifornia fuchsia ou gn), royal penstemon (Penneman curb (£pllobfunr canon), royal � ), and Silva lupins (Lupines 400�0&), e Other groundcover species that would be Appropriate include miniature lupine (Lup&w bicolor), blue-eyed•grass (SiryrinddumbeRum), blue dicks (Dicheklteftw capitarum) And purple needlegrAss (Nasseila putehra). If (714 YOU bgVe 250-5555 questiotu about the fladtags of this report, please oonsact either of the undeniped at Slacaely, MJCHAEL BRA�N/D%MAN ASSQCiATfiS Qkv*),i •'-� ;*?to . Steven G. Nelson Director, Resources Muugement Cynthia A. Jong Staff Ecologist SON/caj IN 00640012 FR w /� MTAL P.08 VAN DELL AND ASSOCIATES, INC. 17801 Cartwright Road Irvine, California 92714 mulk 714;474.1400 Engineers FAX 7141261.8482 Planners Surveyors May 9, 1995 Mr. Norm Witt Vice President, Land Development Coastal Community Builders 550 Newport Center Drive Newport Beach, CA 92660 NEWPORTER NORTH ENTRY DRIVE DESIGN ALTERNATIVES RELATED TO WETLANDS AREAS Dear Norm: The entry drive alignment set for the Newporter North project was selected to minimize impacts on existing wetlands. Van Deli and Associates, Inc. (VA), considered two bridge alternatives for the extension of Santa Barbara Drive to avoid wetland habitat areas. We assessed both an at -grade bridge alternative and an above -grade bridge alternative that would "span" the wetlands. Both were analyzed to determine whether a bridge structure would provide a feasible less environmentally damaging alternative to the proposed Santa Barbara Drive extension that will impact approximately 0.11 acres of wetlands. We understand that the Coastal Act limits the filling of wetlands for certain specified activities. The Coastal Act also requires that there are no feasible less environmentally damaging alternatives to the proposed activity, and the provision of adequate mitigation. The Coastal Act defines "feasibility" to mean: "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors." We applied this definition of "feasibility" in our assessment of access drive design alternatives that include a bridge. The Proposed Entry Drive/Santa Barbara Drive Extension The Newporter North project is an extension of Santa Barbara Drive from its intersection with Jamboree Road. This is the main access road into the project and has a fixed point of beginning. This road as currently designed will result in the filling of approximately 0,11 acres of wetlands, Information on the existing wetlands and proposed road construction may assist in comparison of alternate plans on the bridge concepts. There is an existing non -engineered berm that acts as a retarding basin "dam" located where the road crossing is proposed. This berm which created the drainage backwater and existing wetlands area will have to be removed and replaced by an engineered fill to serve as both the road crossing and the berm for the new/replacement retention basin. Replacement of the berm is recommended now because the possibility of it breaching is high. The result of a breach could cause significant erosion damage to the cut slope above San Joaquin Hills Road and draining directly into the back bay. Replacement of the berm should occur with any of the three alternatives outlined in this letter. 5- `7 S- c. C/ T ���� a rtie clvc.r� s << x.irc..� i�r•.,�{ 04s,c: �jSrS CL.0 4 e.: It cz f v- 1 i=nf f aj rr C='1 Mr. Norm Witt Coastal Community Builders May 9, 1995 Pape 2 ►��TI��:TT� K Alternative 1 to the proposed road is the construction of a bridge about 100 feet in length which would traverse the wetlands at generally the some grade and alignment as the proposed road fill (the so called "at -grade bridge"), This bridge would actually have to be elevated (i.e., roadway elevation raised about 5 to 6 feet higher than proposed road to accommodate a 4-foot thick bridge structure) to clear the detention basin berm. Construction of an st-grade bridge would breach the berm and potentially drain the basin that creates the wetland, if built in the same location as the proposed road. A berm could be built upstream or downstream from the bridge, but either of these new berm locations would impact more wetlands than would be avoided by the bridge. A bridge would not eliminate the need to construct a stable replacement berm. in order to construct an at - grade bridge adjacent to the existing berm and in a location nearer to Jamboree Road, the area of impact to the wetlands would also be greater than the 0.11 acres for the proposed road. Wetlands would be Impacted by the placement of piers and piling foundations and wing walls for bridge approach support in this location. In addition, it should be noted that Coastal Community Builders' wetlands consultants have commented that even though some filling of wetlands could be avoided by a bridge alternative, an at -grade bridge would result in a permanent covering and shading of the wetlands habitat which will adversely impact the quality and long-term viability of the habitat that Is spanned, From an economic perspective, this alternative would cost substantially more than the road to construct. The additional construction cost over and above that of the proposed road with retaining walls (to limit impact area) is estimated at about $350,000 to $400,000 for a reinforced concrete structure, A curved single span bridge would cost 25 to 30% more. Design, plan processing, and permit fees would be added to the total construction cost. Because this alternative (1) could not avoid wetlands impacts altogether; (2) would require the disturbance of more area of wetlands for bridge construction; (3) would result in potential long-term adverse impacts to the quality of the habitat by shading; and (4) would cost more than the proposed road, this alternative is neither more feasible nor less environmentally damaging than the proposed road. Alternative 2 is a higher and longer span bridge alternative that as conceptualized would span the entire wetlands area avoiding wetlands impacts altogether, including minimizing shading impacts to the wetlands habitat. A long span bridge about 200 feet in length could be designed that totally avoided the habitat area. A reinforced concrete bridge of this length would usually be built with a center pier support, which of course would require a footprint for foundation area; i.e., a fill in the wetlands. Whether you can create safe roadway geometrics to include this bridge and fit it on the site is another question. The higher the bridge the harder to fit it within the constraints of the site. This bridge would have to have longer approaches to allow for appropriate vertical curves and the horizontal curve approaching the bridge from the entry would have to be lengthened compared �a Mr. Norm- Witt Coastal Community Builders May 9, 1995 Page 3 WE to the existing road design. This longer radius curve would move the easterly bridge abutment and road into the wetlands unless a curved bridge were built much closer to the beginning at Jamboree. This would not allow access to the easterly pod of residential housing. A higher profile bridge would -also result in longer approach fills and aesthetic impacts. The non -engineered berm would still have to be either strengthened in place or replaced as noted in Alternate 1. Therefore, a higher bridge is likely to impact existing habitat more than a fill crossing or a lower profile bridge, Although this alternative would have the effect of avoiding some filling of wetlands and can be constructed from a technical perspective, we have considerable doubts as to whether it is indeed feasible and less environmentally damaging than the road alternative. Although the wetlands could be avoided in some areas, minimal fill would still be required for the center pier support. Additionally, there would be tradeoff areas of adverse environmental impacts that could result from the construction of this alternative due to the alignment shift and larger abutment and longer wing wall structures. There is also considerable question as to the impact such a structural feature would have on the value of the housing that is proposed to be constructed in the Newporter North project. Would the adverse aesthetic impact of having this dominant structure in the view plane of Newport Center and Jamboree Road be in balance with wetland preservation? Finally, the cost of constructing this alternative would be substantially more than the other alternatives and could adversely impact the overall economic feasibility of the project. This bridge is estimated to cost from $400,000 to $500,000 more than an at -grade bridge, or from $750,000 to possibly $1 million more than the proposed road. Again, selecting a curved structure design would add another 25 to 30% to costs. Design, plan processing, and permit fees would be added to the total construction cost. While economic infeasibility alone may not support the rejection of an alternative, taken together with the increased environmental impacts that would result from this project, we do not believe that it would be reasonable to conclude that Alternative 2 is a "feasible less environmentally damaging alternative". In conclusion, while the proposed Santa Barbara Drive extension would result in the filling of wetlands, it is economically and technically feasible and has less environmental impacts overall than either Alternative 1 or 2 and is therefore, in our opinion, the preferred access alternative. Neither of the bridge alternatives can be shown to be a feasible, less environmentally damaging alternative as compared to the proposed access road. Sincerely, VAN DELL �ELZa AND ASSOCIATES, INC. Terry J man, P.E. Executive Vice President TJH:bt cc: Susan Hori Paone, Callahan McHolm & Winton 177.0200 C_i3 uw,- a-vo web Ir:36 H b PUDLIC Wokke 7146443310 P.e2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O, BOX 1768, NEWPORT BEACH, CA 92639.1769 (714)644.3311 May 2,1995 Ms. Meg Vaughn G!AY 4 W55 California Coastal Commission 246 West Broadway, Suite 380 CALIFORNIA Long Beach, CA 80802 COASTA 1. e:nM'+1. '1 Subject: Tract No, 15011, Newporter North 'OUTH CCA.; Dear Ms. Vaughn, In your review of The Irvine Company's Newporter North Coastal development permit application, it Is my understanding that you had some questions regarding the location of the development access point opposite Santa Barbara Drive on Jamboree Road. The City Is not a co•appilcant since the work Is being conducted on what is presently private property by the developers in order to satisfy the City's Conditons of Approval. During the development review process for this project, The Irvine Company and the City reviewed a number of site layouts, types of residential uses and access points to the site. The current plan that has been submitted for a coastal development permit provides for the sob site access to be opposite Santa Barbara Drive. The City required that Santa Barbara be extended at this point to provide site access. Extending Santa Barbara Drive into the development will allow the residents and visitors (about 3,600 to 41000 trips per day) the safety and convenience of a traffic signal. The signal is already in place, and our traffic analysis indicated that adding a fourth kg would not Impact the intersection level of service. if the tract entrance was placed southerly of Santa Barbara Drive, the volume of traffic would not warrant a traffic signal and the entrance would be restricted to right turns In and out, This would not be satisfactory access for a development of this type. In addition, If a signal was warranted it would not fit into the City's signal system for Jamboree Road. Vertical and horizontal curves on Jamboree Road would impair sight distance and make it d)ffioult for vehicles to safely enter and exit an access point southerly of Santa Barbara Drive. .f - `t5=nv ? (2 L:2G/LIL"tiiS III CtMI)v-t4l, 3300 N Ex lu b1 �4 Newport Boulevard, Newport Beach Jamboree Road is one of 4 arterial roads in Newport Beach that provide Inland access to the coast. It is the first arterial east of the 3.5 mile long Upper Newport Bay. The City has made a conscious effort to limit traffic signals and street intersections along Jamboree Road so that a smooth flow of traffic can be maintained. Traffic volumes vary from 40 to 60,000 trips per day along this arterial. It is very Important that the City maintain the level of traffic service and safety of Jamboree Road since it not only provides direct access to Coast Highway, but is also the primary access to Balboa Island, which is a significant visitor serving area in the City. In the City's review of all of the various aspects of the project, It was determined that there should be one access to Newport North. That access should be 4 lanes that line up with Santa Barbara Drive to provide the least interruption of traffic on Jamboree Road and also provide the safest Ingress and egress to the site. This is also the best location to provide police and fire service as well as the other public utility services. The proposed site will have a minimal impact on the drainage ditch that has been classified as a "wetlands". The various mitigations that will be provided, both on this site and on other sites by The Irvine company under the Circulation Improvement and Open Space Agreement, will result in no net loss of wetlands and will help to improve the overall quality of wetlands on site. Please give me a call If you would like to discuss the site access and public Improvements the City has required for Newporter North. I can be reached at (714) 644.3311. Very truly yours, Con Webb Public Works Director DW.so 5- 95-- cq $" kl�2' >r c Ctit- C w d" :' '�L • Acreage Summary: "W + � p r r 1'Int1111„d Ou1h•r a '�'-•�.�.,' !4,r ��� Total Welland Vegetaton tmpacls. 0.24 acte(s) .�_�- So ».• �'RR`"-� N= t i { 7- r_ Total mitigation Acreage NeedeU:' 0.96 acte(s) r.< J-"_—�'�, • . �, 1 i Proposed posNewponANorth creage: Site; 1.31 acre(s) Pngmn•d Rrtaunnq W,dl � Surplus Mitigation racaga: 0.35 acre(sl t•+ % �' ' - CIOSA requires a 4 to 1 multiplier on unpacts pip. `r4 + Y "^•s _ . • R1y �" . ' ���/// �'�. Ptani Paletn Informaiion_ Avera 1 1 Comm on Name Scientific Name Acreage Spacing Quantity- , y LLLJJJ y Arroyo Willow — SakK jaside` — pis 0.24 15 126 • � � ,,. ,, Black Willow Salix 9ooddogli 0.24 15 46 +. = { • 7• _ _ Western Cottonwood Populus frememU 0.32 20 35 • / Muletai harrsglu0.10 10 44 • —�..:a Total -.. 08cctxosa 1.31 251 /+'�y (� rr a General Information: Utilizes a dnp irrigation system lf2 k .rt• , gallon per hour emitters; one per free • Irrigated with potable water %' ( WOW • Site presently receives storm runolf • Additional storm runolf wiflbe routed through site N � o...r...e � i.F•11� r Legend; .. - // F + •r 1 r rrrr Existing riparian wenand vegetation / .••' •• r.ye Wr. ••• +",/ (-- -� Proposed riparian wettand vegetation v; ~'» �'e j �iiie , : + +r ' •'�� Proposed PVC drip irrigation system 1112- to 314- dla. PVCI ♦ - t S' �+ - ••• • • • • • ...... • �'\ ` ; • • -- • • • Proposed Planting Area Boundary S•��• `rL a eo '.o JAMBOREE ROAOLyExlsung for ra ,j Man Infel OIze I..r iZ +._ r it SANTA BAR6ARA�yI n NEWPORTER NORTH011i • _____a_AVENUEj /•'�`�//^�^jy, 1-95 Conceptual Mitigation Plan sw.• l / 4Vtiw �r VIiN M1vn�r�9RY 3 0 STATE OF CALIFORNIA—THE CALIFORNIA COASTAL SOUTH COAST AREA 245 W, BROADWAY, STE. 380 P.O. BOX 1450 LONG BEACH, CA 90802-4416 (310) 590-5071 VAMISSION RECEIVED BY PLANNING DEPAIRMEIVT CITY OF NEWPORT BEACH DEC 121994 AM PM 71819,10111112111213141516 APPLICATION NCr: 5-94-182 PETE WILSON, Gowrnor kFiled: 10/21/9 49th Day: 12/9/94 180th Day: 4/19/9 Staff: MV—LB Staff Report: 11/30/94 .Hearing Date: 12/13-16/94 Commission Action: APPLICANT: Coastal Community Builders, a Division of the Irvine Company AGENT: Norman Witt, Jr., Vice President PROJECT LOCATION: Southwest corner of the intersection of Jamboree and Santa Barbara Streets at the site'commonly known as Newporter- North, Newport Beach, Orange County PROJECT DESCRIPTION: Program to preserve seven prehistoric sites and conduct archaeological data recovery (Phase III) salvage excavations at one site, to mitigate impacts from future residential development. The excavations will be supported by two construction trailers and four storage sheds. Approximately 6,500 cubic meters will be excavated. LOCAL APPROVALS RECEIVED: None required SUBSTANTIVE FILE DOCUMENTS: California Coastal Commission Statewide Interpretive Guidelines adopted December 16, 1981; City of Newport Beach certified Local Coastal Program. SUMMARY OF STAFF RECOMMENDATION: Staff recommends approval of the proposed project subject to special conditions requiring: 1) artifacts collected at the site will be curated in facilities that meet State Office of Historic Preservation guidelines; 2) Native American monitoring during excavation activities and that the monitors meet the Native American Heritage Commission's guidelines; and 3) protection of environmentally sensitive areas including fencing of sensitive areas and possible realignment of a water access line. The special conditions are necessary to bring the project into conformance with the archaeological (Section 30244), environmentally sensitive habitat (30240), and wetland policies (Section 30233) of the Coastal Act. 5-94-182 Page 2 Staff Recommendation: The staff recommends that the Commission adopt the following resolution: I. ADroya-Lwith-Condi_tions. The Commission hereby grants a permit, subject to the conditions below, for the proposed development on the grounds that the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Standard Conditions, 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued In a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. S. Inspections. The Commission staff shalt be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 5-94-182 Page 3 III. Special Conditions: 1. Curation Facility a) Artifacts collected as a result of this project at the Newporter North site shall be curated at a qualified curation facility, which at this time would likely be the Archaeology/Paleontology Curation Facility of the County of Orange. A qualified curation facility is one that meets the State Office of Historic Preservation Guidelines for Curation of Archaeological Collections. b) Prior to completion of archaeological work at the site the applicant shall submit, for the review and approval of the Executive Director, evidence that: i) the curation facility meets the State Office of Historic Preservation Guidelines for Curation of Archaeological Collections; and ii) evidence of the facility's willingness to accept the collection. c) If no qualified curation facility complete, an amendment to this permit appropriate curation process. Native American Monitor is available at the time the project is shall be required to determine the A Native American monitor shall be present on -site during all excavation activities to monitor the work. The monitors shall meet the requirements set forth in the Native American Heritage Commission Guidelines for Monitors/Consultants of Native American Cultural, Religious, and Burial Sites. Avoidance of Environmentally Sensitive Habitat a) No portion of the project shall result in any adverse impacts to the on -site sensitive habitats including coastal sage scrub or fresh water marsh. b) All sensitive habitat areas, including coastal sage scrub and fresh water marsh shall be fenced for the duration of the project. Fencing desing shall not obstruct the movement of small animals. Prior to issuance of the coastal development permit, the applicant shall submit, for the review and approval of the Executive Director, a site plan indicating the location of construction fencing in relation to the on -site sensitive habitat. c) Prior to issuance of the coastal development permit, the applicant shall submit, for the review and approval of the Executive Director, a site plan which depicts the existing access road and proposed water access line alignment in relation to the on -site sensitive habitat including coastal sage scrub and fresh water marsh. If the site plan indicates that the proposed alignment will create adverse impacts to the on -site sensitive habitat, the water access line shall be realigned to fall within the existing access road or other alignment that will not result in adverse impacts to the on -site sensitive habitat. Plans indicating the realigned water line must be submitted prior to issuance of the coastal development permit. 5-94-182 Page 4 IV. Findinas and Declarations The Commission finds and declares as follows: A. The applicant is proposing a program to preserve seven prehistoric sites and conduct archaeological data recovery (Phase III) salvage excavations at one site, to mitigate impacts from future residential development. The excavations will be supported by two construction trailers and four storage sheds. Approximately 6,500 cubic meters will be excavated. The outline for the proposed work is contained in the Master Archaeological Operation Plan and Research Design (Research Design). The Newporter North site includes five prehistoric archaeological sites, CA-ORA-51, -52, -64, -100, and -518, All sites except ORA-64 are to be preserved in dedicated open space. ORA-64 will be the subject of data recovery excavations. South of the Newporter North site is Newporter Knoll which contains three archaeological sites: CA-ORA-50, -99A, and 99B. The Newporter Knoll site is to be dedicated open space and so all sites on Newporter Knoll will be preserved. Previous archaeological studies at Newporter North (ARI 1977; Drover et at. 1983) indicate that the area is highly significant for archaeological research and heritage preservation. In 1977 the site was dated as the oldest site in Orange County and contained the earliest known ceramic objects in North America. In addition to the data -recovery excavations at ORA-64, some minimal work is proposed at the sites being preserved. The minimal work includes surface collection, limited testing, and construction monitoring. The Irvine Company and the City of Newport Beach have previously entered into a Development Agreement, known as the Circulation and Open Space Agreement, which was approved by the Coastal Commission on June 10, 1993. Under the terms of the Development Agreement, residential development, subject to future discretionary review, is anticipated to occur at the Newporter North site. The proposed archaeological work is intended to meet the mitigation requirements necessary to offset impacts due to future development of the site. B. Cultural Resources Section 30244 of the Coastal Act states: Where development would adversely impact archaeological or paleontological resources as identified by the State Historic Preservation Officer, reasonable mitigation measures shall be required. Regarding Archaeological, Paleontological, and Historical Resources the City of Newport Beach's certified Land Use Plan states: Archaeological, paleontological, and historical resources within the Coastal Zone shalt be investigated in accordance with acceptable scientific procedures, and appropriate mitigation measures (including testing, salvage, or preservation) shall be adopted on a case -by -case basis in accordance with regular City policy. I 5-94-182 Page 5 Prior to any development, archaeological, paleontological, and historic resources shall be mapped and evaluated by a qualified professional. A City Council approved list of such personnel shall be established, following adequately noticed public hearings. Both the Coastal Act and the City's certified Land Use Plan require mitigation measures for development areas which contain significant cultural resources. The proposed project is intended to provide such mitigation measures. The Commission adopted Statewide Guidelines provide guidance for preferable mitigation measures. These range from complete avoidance of the site to a full scale excavation and analysis of the archaeological materials. The Guidelines recommend a three step process to develop an appropriate archaeological mitigation program. The first step includes archaeological reconnaissance which typically is designed to locate archaeological sites based on a literature review/archival search and possibly a surface reconnaissance. This step has already been completed for all the subject archaeological sites. The second step includes testing and determination of significance. This step includes defining the boundaries of the site, and evaluation of its composition and significance. This step would likely include some subsurface testing. A site's significance is determined on the basis of site integrity, research potential, ethic and historical value and the potential for public appreciation. This step has been completed for sites ORA-64 and -100. No data is available to determine the significance of sites ORA-50, -51, -52, or -518. Site ORA-50, located on the Newporter Knoll site, will be completely preserved and will not be subject to any testing. Sites ORA-51, -100, and -518 will be the subject of.surface collections and excavations of less than two square meters of site area. The third step requires the preparation of a Mitigation Plan, taking into consideration the information obtained in steps one and two. In this case the proposed mitigation is to preserve all but one site, ORA-64. ORA-64 is proposed to be the subject of data -recovery excavations. The Commission's Statewide Interpretive Guidelines provide guidance for archaeological excavations. Included in the guidelines is the requirement that such work be conducted by a qualified professional. Members of the Society of Professional Archaeologists (SOPA) are considered to meet these qualifications. The proposed project will be led by Michael Macko, a member of the Society of Professional Archaeologists. In addition, Paul Langenwalter II, will be a member of the project. He is also a member of SOPA. Additional members of the project are David Earle and Mark Peterson. The principal personnel are Orange County certified archaeologists. The Guidelines also recommend that archaeological work involving excavation of more than two meters of surface area provide a written research design. The research design should be an explicit statement of research objectives and a program for carrying out these objectives. Under the three broad headings of Realms of Human Behavior, Factors Affecting Human Behavior and Studies Devoted to the Refinement of Archaeological Measures, the proposed research design 5-94-182 Page 6 contains specific theoretical problems, working hypotheses and a statement of the data required to confirm or reject the hypotheses. The proposed Research Design also includes detailed field and laboratory methods. A peer review team has been assembled to review and provide input on the proposed Research Design and the project generally. Each of the peer reviewers are university affiliated, professional archaeologists. Two of the three are affiliated with the Fowler Museum at UCLA. And two of the three are members of the Society of American Archaeologists. The proposed Research Design has been reviewed and accepted by the three members of the peer review team (see exhibit D). Additionally, a copy of the Research Design has been submitted to the County of Orange Cultural and Historical Programs Department. In addition, the proposed Research Design has been reviewed by Jim Velasques, Tribal Chairman of the Coastal Gabrielinos and David Belardes, a member of the Juaneno Band of Mission Indians. Both have indicated approval of the proposal (see exhibits F). Additionally, the proposed Research Design has been reviewed by the Native American Heritage Commission (NAHC) (see exhibit E). NAHC provided comments which are incorporated into the proposal. Furthermore, with the high significance of ORA-64 having already been established, monitoring of the site by a qualified Native American monitor is necessary to assure appropriate handling of artifacts of cultural and religious significance to the affected Native American groups. Also, the presence of a Native American monitor on -site would be useful should Native American grave goods be discovered. The Native American Heritage Commission (NAHC) has established Guidelines for Monitors/Consultants of Native American Cultural and Burial Sites. To assure that the proposed project remains sensitive to the concerns of the affected Native American groups, a Native American monitor should be present at the site during excavation work. The monitor should meet the qualifications set forth in the NAHC's guidelines. As a condition of approval, an on -site Native American monitor that meets the qualifications of the NAHC's guidelines, shall be required during all excavation activities. Therefore, as conditioned, the proposed project is consistent with Section 30244 of the Coastal Act which requires reasonable mitigation measures be provided to offset impacts to archaeological resources. The Research Design identifies a specific project member who will be responsible for coordinating communication among various groups of Native Californians and the archaeological community. David Earle will be the liaison with the Native American groups and will be responsible for conducting any mission register studies necessary. Mr. Earle had this same responsibility with the previously conducted Newport Coast Archaeological Project. In the event that grave goods are discovered, the Research Design provides that "immediately upon the discovery of human remains, the Orange County Sheriff -Coroner will be notified, and they in turn will request the Native American Heritage Commission to identify the Most -Likely Descendant. MAC [the applicant's archaeological consultant] will establish procedures satisfactory to the Orange County Sheriff -Coroner for reporting discovery of remains. It is understood that documenting human remains and associated grave goods and 5-94-182 Page 7 analysis of such material is the decision of the Most -Likely Descendant." The applicant's archaeological consultant has further agreed, in a document dated September 26, 1994, that "there shall be no further excavation or disturbance of the site or any nearby" in the event human remains are discovered. The concerns raised in the NAHC comment letter of September 16, 1994 have been addressed in the project design. The Commission's Archaeological Guidelines also recommend that the research design include arrangements for curation of collections when appropriate, and dissemination of the research findings. This is especially important in this case because the site significance has already been determined to be very high. Regarding curation, .the proposed Research Design states, in part: "All cultural material both sorted and unsorted, will be prepared for permanent curation using currently accepted curatorial standards. The Irvine Company will maintain ownership of the collections. Copies of the field records, catalogs, box inventories, all other data pertinent to the archaeological record, and reports will also be curated with the material. The Irvine Company will work to find a suitable repository for the materials in Orange County." Ideally, the curation facility that would house the collections resulting from excavations of ORA-64 would be identified prior to commencement of excavations. However, discussions with the Chief of Cultural Historical Programs in Orange County indicate there is a dearth of acceptable facilities available. The lack of acceptable curation facilities is not unique to Orange County, but is a problem nationally. Laws that have required archaeological mitigation of sites prior to allowing any development have generated a vast amount of artifacts that need to be curated. Unfortunately, largely due to lack of adequate funding, very few facilities meet the criteria established by federal and state agencies. Additionally, many of the facilities that do meet the criteria are full and cannot accept more material. This makes identifying an appropriate curation facility difficult at this time. The County of Orange Historical Cultural Programs department anticipates receiving a substantial grant which will be used to make capitol improvements to its existing facility (the Archaeo/Paleo Warehouse) and provide for paid staffing of the facility. It is anticipated that the grant money would allow the County to meet the State Office of Historic Preservation's (SHPO) Guidelines for Curation of Archaeological Collections. The improvements are anticipated to be completed by approximately the end of 1996. The proposed archaeological work is expected to be complete and ready to be curated by late 1996 also. The improved County facility would be the ideal location for curation of ORA-64 artifacts. There must be some assurance that the collection and related field records, catalogs and reports, etc. resulting from the proposed work at ORA-64 will be properly curated. Without proper curation there is no assurance that the value of information obtained will be retained in perpetuity. An acceptable curation facility for the proposed project would be the County of Orange's Archaeo/Paleo Warehouse once it is upgraded to meet the standards of the State Office of Historic Preservation Guidelines for Curation of Archaeological 5-94-182 Page 8 Collections. However, at this time there is no guarantee that the Orange County facility improvements will be complete or that, even if they are, that the collections could be accepted there. Consequently, if another facility is available that meets SHPO's guidelines, it would also be appropriate to allow curation to occur there. In any case, curation of the ORA-64 collection must be assured in order to find that the proposed project meets Section 30244 of the Coastal Act's requirement for reasonable mitigation. Therefore, as a condition of approval, artifacts collected as a result of this project at the Newporter North site shall be curated at a qualified curation facility, which at this time would likely be the Archaeology/Paleontology Curation Facility of the County of Orange. A qualified curation facility is one that meets the State Office of Historic Preservation guidelines. If no qualified curation facility is available at the time the project is complete (expected to be late 1996), an amendment to this permit shall be required to determine the appropriate curation process. Therefore, as conditioned, the Commission finds the proposed project is consistent with Section 30244 of the Coastal Act. C. Environmentally Sensitive Habitat Areas Section 30240(a) of the Coastal Act states: Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. An Environmental Impact Report (EIR) was prepared in conjunction with the Circulation and Open Space Agreement development agreement approved by the Commission on June 10, 1993. The EIR included a biological assessment of the Newporter North site. The Biological Assessment identified coastal sage scrub habitat and fresh water marsh at the site. Coastal Sage Scrub is considered to be environmentally sensitive habitat. Consequently, the Coastal Act requires that it be protected. Additionally, Section 30233 specifically limits development within wetlands. The Coastal Act definition of wetland includes fresh water marsh. Section 30233 allows development in wetlands only where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and when limited to one of the uses specifically enumerated in 30233(a) (1)-(8). The Archaeological Site Operation Plan contained in the Research Design depicts an access road off San Joaquin Hills Road which borders the site to the northeast. Also depicted is a water access line to serve the site which generally runs alongside the access road (see exhibit B). Because the access road is adjacent to sensitive coastal sage scrub habitat, care must be taken that use of road does not exceed its existing width, which could adversely impact sensitive habitat. Additionally, there must be assurance that the proposed pipeline alignment will not adversely affect sensitive habitat. It appears that placement of the water access line will not interfere with existing sensitive habitat. Because sensitive habitat is not depicted on the Archaeological Site Operation Plan it is not definitive. Therefore, as a condition of approval, the applicant shalt submit a site plan showing the 5-94-182 Page 9 existing access road and proposed water access line in relation to the on -site sensitive habitat. If the water line alignment would result in adverse impacts to either the coastal sage scrub habitat or the fresh water marsh habitat, it shall be realigned within the existing access road or other alignment that will not result in adverse impacts to the on -site sensitive habitats. As a condition of approval, the applicant shall submit a revised Archaeological Site Operations Plan, indicating the water line has been realigned to fall within the existing road, if the currently proposed alignment would create adverse impacts on the on -site sensitive habitats. In addition to the coastal sage scrub adjacent to the northeast side of the project, the northwest side of the proposed project is adjacent to the edge of the bluff which the EIR identifies as supporting coastal sage scrub. In order to protect the coastal sage scrub, the applicant shall install construction fencing along all sides of the project which are adjacent to coastal sage scrub habitat; including along the access road and the northwest bluff edge. Additionally, the on -site freshwater marsh should be fenced as well to protect against construction impacts. Fencing design should not obstruct the movement of small animals. Placement of construction fencing along sensitive habitat would prevent equipment, debris and personnel from entering the sensitive habitat areas. As a condition of approval the applicant shall provide fencing around the on -site fresh water marsh and adjacent to coastal sage scrub. Therefore the Commission finds that as conditioned, the proposed project is consistent with Section 30240 of the Coastal regarding protection of sensitive habitats and with Section 30233 of the Coastal Act regarding wetlands. D. Local Coastal Program Section 30604(a) of the Coastal Act provides that a coastal development permit shall be issued only if the proposed development would not prejudice the ability of the local government having jurisdiction to prepare a local coastal program (LCP) which conforms with, and is adequate to carry out, the Chapter Three policies of the Coastal Act. The City of Newport Beach was originally certified by the Commission in 1982. The proposed development has been conditioned to provide adequate archaeological mitigation, and to protect environmentally sensitive resources including coastal sage scrub and fresh water marsh. Therefore, the Commission finds that approval of the proposed development, as conditioned, would not prejudice the ability of the City of Newport Beach to prepare a local coastal program that is consistent'with the Chapter Three policies of the Coastal Act. E. Consistency with the California Environmental Quality Act (CEOA). Section 13096 of Title 14 of the California Code of Regulations requires Commission approval of Coastal Development Permits to be supported by a finding showing the permit, as conditioned, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(1) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. 5-94-182 Page 10 The proposed project has been conditioned in order to be found consistent with the archaeological and environmentally sensitive habitat policies of the Coastal Act. Mitigation measures include conditioning the project to provide qualified Native American monitoring of the work, to provide provisions for curation of the collection at an acceptable facility, and to protect sensitive habitat, including coastal sage scrub and fresh water marsh. As conditioned, there are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned, can be found consistent with the requirements of the Coastal Act to conform to CEQA. 3322E San FIGURE I --PROJECT LOCATION Q w e p (:3 C.:.; L- c ;F� .� ,— yL• San Diego MIN, Countv ®RANGE COUNTY CALIFORNIA F. k 0 t_. scat Sita onarations F z: -' < <' I : :.:::...::: .........:... . VEGETATIVE COMMUNITIES INTRODUCED ANNUAL,(JIIASSLAND .! ' COASTAL SAGE SCRUB ''� • ~' ® FRESHWATER MARSH ORNAMENTAL AREA NOTE: Deveippnterfarea denoteathaponlonof the site Identified for development of residential uses In the proposed PC Text. Grading related to devsbp e t of residential uses could Mtend beyond the developrrart area boundaty. Gtad. i� Ing could also occur for roads, open space uses, trays. and duff rastc{at7an t�• outside of are" deaWwodl for dr ok)c, `t.� Illant. arts+ ,t,\ Lj .;_feu.: •, `: •..; � `• � ¢-+ 1 Jl1 )l • rf • F ' f I �I�, II i i r, . d BIOLOGICAL -RESOURCES PROPOSED DEVELOPMENT NEWPORTER NORTH/NEWPORTER KNOLL CIRCULATION IMPROVEMENT & OPEN SPACE AGREEMENT City of Newport Beach Source: Steven Nelson AREAS P f inc. no scale 63 JonM. Erlandson, Ph.D. 492 East 53rd Avenue, Eugene, OR 97405 (503) 34¢ ff 6A C I 0 d�5 OCT 2 1 t994 Mr. Norm Witt CALIFORNIA Coastal Community Builders P.O. Box 6370 COASTAL COMMISSION Newport Beach, CA 92658-6370 SOUTH COAST DISTRICT October 15, 1994 Re: Master Archaeological Operation Plan and Research Design for the Proposed Newporter North Residential Development. Dear Mr. Witt, I have reviewed the draft and final Operation Plan and Research Design prepared by Macko Archaeological Consulting (MAC) for data recovery at ORA-64 and nearby archaeological sites. ORA 64 is a large and complex site that contains information of the highest significance for understanding the prehistory of Orange County and coastal California. Any plans to destroy that site should be preceded by thoughtful and thorough archaeological study of the materials it contains. In my opinion, the MAC plan meets or exceeds all professional standards and guidelines for Cultural Resource Management projects in the State of California. The plan, revised after the review of three independent archaeologists, incorporates many of the methods used in the Newport Coast Archaeological Project, which provided a wealth of new and significant data on the Orange County archaeology. Data recovery at ORA-64 will provide equally important data. I have also been asked to comment on the adequacy of stated curation plans, particularly the rights of the Irvine Company to maintain ownership of the collection. To my knowledge, there is no legal mechanism by which a property owner can be compelled to relinquish ownership of an archaeological collection (excluding human burials or burial -related items) found on their land. Moreover, many curation facilities accept archaeological collections over which a landowner retains ownership. There is also a crisis in southern California curation facilities, with very few adequately staffed or funded institutions willing to accept major collections. It would clearly not be in the interest of the Irvine Company, with long-term commitments to development in Orange County, to have the controversy and public relations nightmare that would accompany the destruction or degradation of the extremely significant ORA-64 collection. I recommend that the Irvine Company commit to working out a mutually agreeable curation agreement by the time of some significant regulatory hurdle -- the granting of a grading or construction permit for instance. Thanks for the opportunity to review this excellent plan, if you have any questions or I can be of further service, please don't hesitate to contact me. J M. Erlandson, Ph.D. CIO _A 50 9�. / tB 2 p;eA Arz V I & K/ E.. . ... F:.':....a.__ - ..'5'... UNIVERSITY OF: CALIFORNIA. LOS ANGELP UCLA �t.•>ra SwCy •-••••••••^ r r uy "o YKKKXLKY 17AYIX WINK' LOY dNf:E:,KB IIIVEnRi11Y SAN pl l:r;u � 1AN PRAMN<aYttn� XANTAnAnnAnA . SANT.ACKI� ? Sy �• a October 20,, 1994 TIM INSTITUTE OF ARCHAEOLOGY Mr. Norm .Witt, vice President OCT 2 1 1994 LOS ANGELES, CALIFORNIA 00024 Coastal Community Builders P.O. Box .6,370' ' CALIFORNIA 550 Newport Center Drive' OASTAL COMMISSION Newport Beach, California 92658:-637 UTH COAST DISTRICT Mr.. Witt, I have carefully revipwed the Consulting firm..ti have found the proposed research plan to be well thought out, well organized, and adheres to a high standard of professional• archaeological,pxaetice. I have no reservations in recommending that this research design be approved and the archaeological.field wbrk and analysis commence. Mackols review of the relevant literature is thorough, including - his discussion .of ethnohistory, ethnography, paleoclimate, and previous,arch•eologicai research. His discussion of. proposed-excav,•ation.techniqu6s' sampling, and data recovery are also gerierally solid.. I' find the coordination with Native Americans,especially;in„regard ta.encountered human remains, to be appropriate.'i_am.espec.ially.impxessed by the scale of the proposed .excavations. such large scale;;, excavations can yield exciting archaeological -data and are; altogether too infrequently carried out in r>outhern. California, archaeology. Given the uniqueness and importance; of oRA64, the opportunity to conduct large-scale excavations is ihde'ed..exciting�{' especially considering what the site can :tell us: about '•cultur.aI evolution and past life ways of early inhabitants of orange County. I would like,to -make several comments about particular aspects of• the prcposal.:These are not'major criticisms of the proposed research, which as I -stated above, is well thought out. These comments instead refer'to issues'of•concern that should be kept in mind -and acted upon as,the.pro'jact advances. 'On page to it is stated that. the Irvine Company will find a suitlibie 'repository for .curatian of the collected materials. I trust.that!this rill' be :acted•iipon. The long-term maintenance and storage otlarchaeological•collec�tions is a significant and costly issue, and'the-responsibility should be clearly understood at the outset. on page 63 Macko states that a sample of stone tool debitage will be curated. I would suggest -that all debitage be curated unless this represents an onerous ouration burden. In general, I feel: that. all ' artifacts, including debitage, be curated. Future v� analyses of :the recovered material may want to sample the debitage d'ifferently'or record` different attributes. in addition, given the fact that simple: unmoAtfied flake, tools are common in southern California isnemblages apd,are difficult to identify, discarding debitage.may•result in the loss of flake tools, pages.1•2-54.detail research orientation and the relevance of particular data, sets :to, specific research topics. I find this discussion -to be useful and interesting. His discussion identifies important research questions and the data that are relevant to such questions., 'it is clear that Macko•knows what data are most important tp. recover and analy2e. However, I find his use of hypotheses: and test implications to be somewhat problematic. As Currently, stated,, mast nre not adtually hypotheses and test implications. They. are simply statements of the importance of particular.rgsearch questions, relevant data sets, and the analysis necessary to address• the question. Although this does not negatively . affedt the''•proposed research, the use of the hypothesis/test implication structure within the research plan is probably unnecessary. . The proposed research is ambitious and the importance of the sites to be* studied is without question. I trust that Mr. Macko will do a thorough and professional job, based on my knowledge of his, professional archaeological experience and my evaluation of the research design. Sincerely; Dr. Glenn S. Director Lithics Analysis and obsidian Hydration Laboratory 5-9y- raz October 10, 1994 Roger Colten 10966 Roebling Avenue Apt. 6B Los Angeles, California 90024 Mr. Norm Witt, Vic Coastal Commission P.O. Box 6370 550 Newport Center Newport Beach, CA Dear Mr. Witt: e President Builders Drive 92658-6370 RECZ°'JEn OCT 2 11994 CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT Thank you for the opportunity to comment on Macko Archaeological Consulting's "Master Archaeological Operation Plan and Research Design for the Proposed Newporter North Residential Development." I have reviewed the revised research design and am sending written comments. My comments are limited to an evaluation of the proposed archaeological operations and data recovery as described in the plan and do not address other issues regarding the proposed development. My overall impression of this research design is that it is very well thought out and presented. I am particularly pleased with the presentation of general research topics pertaining to Native Californians and prehistoric archaeology in the southern California area. All too often cultural resource management projects are not designed in a manner that produces data relevant to broad regional issues. This plan is designed to address important anthropological questions and will yield a large body of archaeological data. The Palaeo-Coastal Period and Millingstone Horizon are poorly documented in Orange County, and any additional data will be of interest. I am also pleased to see the analysis of existing collections, another neglected area of California archaeology. I have two general concerns about the research design. Pirst, a repository has not been identified for curating the collections resulting from excavations of ORA-64. I believe it is important to arrange for curation of the collections in a suitable repository BEFORE the excavations begin. If this cannot be done, the developer should make some sort of formal commitment to proper curation of the resulting collections in a suitable repository. A suitable curation facility is one that is professionally staffed, provides access for collections research, and is likely to exist in perpetuity. The Federal curation guidelines may or may not apply to this project, but they do provide useful information for evaluating repositories. The "curation problem" is not unique to this project, however, and neither the developers or the archaeologists should be blamed for a lack of repositories in southern California. If regulatory agencies require archaeological data recovery, they should assist in identifying suitable repositories for the resulting collections. 5-q41 1 7z Second, the research design does not contain a plan for collecting and processing radiocarbon samples. As is noted in the research design, chronological control is a critical part of archaeological analysis, particularly In the case of ORA-64 which may prove to be of some antiquity. The approximate number of radiocarbon samples that will be processed and how they will be selected should be spelled -out in the research design. A site of this size and complexity should probably be dated with several dozen radiocarbon dates. In addition to these two problems, there are a few minor editorial problems with the manuscript, but these do not affect the overall research design. My evaluation is based on the thqualifications of eindividuals awho are pinnin eprojectr andthenatureofthemethodsinvolved. Thhenfour principal individuals (Macko, Earle, Langenwalter, and Peterson) have many years of archaeological experience and are certainly qualified to conduct this type of investigation. The types of methods they have selected are consistent with professional archaeological methods for coastal southern California and are suitable for recovering data from the type of site they have described. Every effort should be made to present the resulting data in a manner that allows other archaeologists to compare the analytical results to those from other excavations. The use of remote sensing techniques is relatively innovative in California and my prove to be enlightening and pave the way for use of these techniques in other contexts. I hope these comments are useful. If you have any questions, please call me either at the Fowler Museum (310-825- 1864) or at home (310-824-2095). a Sin erely, R ger o ten, Ph.D. 5_94- I$ �. ...7............... L- STATE OF CALIFORNIA PETE WILSON, Gowmor NATIVE AMERICAN HERITAGE COMMISSION 913 CAPITOL MALL, ROOM 364 SACRAMENTO, CA 93814 (916) 6334W2 14N Meg Vaughn California Coastal Commission South Coast Area 245 West Broadway, Suite 380 P.O. Box 1450 Long Beach, CA 90802-4416 September 29, 1994 � n OCT 31994 I U� COAS CALIFORNIA<CO SOUTy COAM'SSION ST RE: 5-94-182 (Coastal Community Builders) Dear Ms. Vaughn: This letter is to confirm our telephone conversation regarding the process utilized by the Native American Heritage Commission (NAHC) for identifying a most likely descendent when Native American human remains are discovered. The usual procedure is for the NAHC to identify a most likely descendent after human remains are found and reported to the coroner. I have discussed this situation with Coastal Community Builders and informed them of the process utilized by the NAHC. Unless there is a compelling reason for the NAHC to change its process for this instance, please notify me. I will consider your request. Sincerely, ,�/ '`�/%�' L rry Myers Executive Secretary cc: William Mungary, NAHC Chair Norman Witt, Vice President,. Coastal Community Builders 10, t�T s-q4- J82, 44C. C MENT5 STATE OF CALIFORNIA PETE WILSON, Gowt"t NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL, ROOM 364 SACRAMENTO, CA 93614 (914) 6334M September 16, 1994 Macko Archaeological Consulting 22112 Cape May Lane Huntington beach, Ca 92646 N OCT 2 11994 CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT RE: Master Archaeological Operation Plan and Research Design Proposed Newporter North Residential Developmeot Dear Mr. Macko: I reviewed the above referenced document and make the following comments: Page 82 Human Remains Reference to the Gabrielino/Tongva representatives should be changed to read Gabrielino - The Tongva tribe has split into several groups. This term will identify all Gabrielinos. Clarification needs to be made that the Coroner will call the Native American Heritage Commission (NAHC) and they will Identify the Most Likely Descendant (Public Resources Code Section 5097.98 (a). Also there shalt be no further excavation or disturbance of the site or any nearby ... (Health and Safety Code 7050,5) Based on past similar projects it is suggested that Mr. Paul Langenwalter II, meet with the Coroner and develop procedures satisfactory to the Coroner for reporting the discovery of remains. The Coroner may wish to come to the site himself and identify the remains before contacting NAHC. (Health and Safety Code 7050.5). It is not clear what is meant by the statement that the remains will be excavated and reburied immediately. Does this mean immediately upon discovery or Immediately at the conclusion of the project? The time and place for reburial normally would be included in the most likely descendants recommendations. It is recommended that clearer distinction between documenting human remains and associated grave goods and analysis/scientific analysis of other material be stated. It also should be clarified that destructive/non destructive analysis of human remains and associated grave goods is the decision of the' Most Likely Descendant rf' � �M ' f4hgC, Q0MMMtArS y.. -.-I ...,E ............ r; :....Z..... 3_... i Currently the Fullerton Museum of Anthropology has in its possession a few skeletal materials unearthed during excavations in the area and a collection from the Irvine Ranch. (on 25 year- loan). It is recommended that these skeletal remains be reclaimed and reburied with any remains discovered at the Newporter North Development. ' Please do not hesitate to call me if you have any questions. Sincerely, tcNult Gaiy Associate Program Analyst cc: Coastal Community Builders Coastal Community Builders 550 Newport Center Drive Newport Beach, CA 92658-8904 5-q�SA - c. GarrM Jim Velasques Coastal Gabrielino 1226 West 3rd. Street Santa Ana, California 92703 (7 f4) 547-4237 September 22, 1994 Mr. Norman E. Witt, Jr., Vice President Coastal Community Builders 550 Newport Center Drive P. 0. Box 6370 Newport Beach, California 92658-6370 0012 1 1"4 CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT Re: Review of Master Operation Plan and Research Design for the Proposed Newporter North Residential Development Dear Mr. Witt: I am writing to you as a representative of the Coastal Gabrielino Indians of Orange County. I have reviewed the subject report by Macko Archaeological Consulting (MAC) and find the proposed archaeological operations plan and research design to be especially appropriate in terms of excavation scope, the identification and treatment of Native American Graves and Grave Goods, and the ultimate curation of collected scientific samples. My point of reference in determining the adequacy of the MAC archaeological investigation of ORA-64 stems from my knowledge of the site and the successful completion of the Newport Coast Archaeological Project, particularly as regards the careful identification, respectful treatment, and expeditious reburial of Native American graves and grave goods. As I am sure you are aware, the latter project was designed and implemented by Mr. Macko for Coastal Community Builders. Based on my experience with Mr. Macko, I am sure the work at ORA-64 will be conducted with appropriate respect and dignity towards Native American graves. Thank you for the opportunity to review the MAC document, and please do not hesitate to call if you have any questions on my comments. Sincerely, Jim Velasques Tribal Chairman Coastal Gabrielino 7-9y- ia2 A4,.4i fir! Am 1................ THE JUANENO BAND OF MI' -SIGN INDIANS ACJACHEMEN NAT) DN October 11•, 1994 ' Mr. Norman E, Witt, J�'Vfi. P-resident Coastal Community 8uitd$is" 550 Newport Center Dale *_ • P.O. Box 6370 Newport Beach, Califgiriia '82658-.G3ti:: Dear Mr. Witt, Macko Archaeological Gbnsuit. Archaeological Operation,, Plan: Newporter North Resida.t, .F9:,1 I would like to comment: ':w:Pii Overview. My recomm,phsiatio Ethnohistorical Analysis" as, pt Archaeological Project. Second, the identificatic agreement for all remai other human remains u agreed upon by the,.prc Group, or person_,de341 Thirdly, the durd�oi ';af an adequate -fiarl ffy')`wou Gabrielino pebo'le''that a provided. U1] OCT 2 1 1994 CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT .Y •M �wM� „x ;-,'Firm has asked r"rie".t6,",*bvi'ew the Master rici:`Rirsearch;;D,es g for. a proposed ielopment:4 pri ?ale: `fhree areas in which .:Ihe• Enihnofisttl.r r and Ethnographic ruouicf.be:to do"a: .i:cjiialiy extensive :ttie "N6; wpoit Coast Y eatma of Humi n��emains. A reburial iustyr."6cavated, associated goods and any ,q:;.ti -a'future of his project, should be r;.and the app! )priate Native American `the: Native Amer -an Heritage Commission. onsider for the future, if :: r, to Ile Actachemen or P. the. collectiorr-`wbuld be ..M -. I.. '. ,Tv •.�YY�NI�f... .. �. �YiijAX; iy• An•iM� Finally, although myself and ow peapii3 prefer 'ot3l,mpreservation of. our homeland, I understand the need Tqg `the mitigation'proce'ss and our Involvement in it. After reviewing the,.,Rassrch UBsigri, and taking into consideration the cal itrjen#s;ab;swe, i" beIW a the proposal exceeds professional pract9ces;= _ • .....,.. �j4w�-try Anw►� 'Gam Z 3174Z via Selardes San Juan Capistrano, CA 92675 (714) 493-4933 My conclusion after reviewing the research desig 1 are based on my seventeen years experiencewin. Cultural Resource Management, Most Likely Descendant, and Tribal. Chair;of the ,Juaneno Bard of Mission Indians, Acjachemen Nation. Thank you for aliowirig`+rie to.revieW. the propost.i, and make comments for your consideration; .:; • • j ,�.'wn JC.r.. .nlfi'wa'�i..'Tin+�tM w • :Awn�..n ••�� � Vn{ ..4 .. n Y:*w Sincerely David Belardes� , Tribift Juaneno Band of Mission Acjachemen Nation 31742'Via Sat Juan I • pir •• ice. •I. rl♦ iNii• t4o.4t A 92675 (714)493.4933 01 d ni When developers and public agencies assess the environmental impact of their pro- jects, they must consider "cultural resources" as an aspect of the environment in ac- cordance with Appendix K of the California Environmental Quality Act Guidelines. These resources can include Native American graves and artifacts; natural resources used for food, ceremonies or traditional crafts; and places that have special signifi- cance because of spiritual power associated with them. When projects are proposed in areas where cultural resources are likely to be affected, one way to avoid damage to cultural resources and minimize litigation associated with the project- is to perform ar- chaeological testing, with a Native American monitor/consultant on site. In sensitive areas, it may be appropriate to have a monitor/consultant on site during part or all of the construction work. A knowledgeable, well -trained monitor/consultant can spot indications that an area has been used as a village site, gathering area, burial site, etc. and estimate how ex- tensive the site might be. A monitor/consultant can prevent damage to a site by being able to communicate well with others involved in the project - this might involve re- questing work to be stopped so that an archaeological survey can be completed; en- suring that burials are avoided when heavy equipment is used; sharing information so that others will understand the Importance of the resource involved; or making sure that burials are treated appropriately when they are encountered. By working with and acting as a liaison between Native Americans, archaeologists, developers, contractors and public agencies, a Native American monitor/consultant can see that cultural resources are treated appropriately from the Native American point of view. This can help others involved in a project to coordinate mitigation mea- sures and avoid obstacles to project completion. These guidelines are intended to provide prospective monitors/consultants and people who hire monitors/consultants with an understanding of the scope and extent of knowledge that should be expected. 1) The on -site monitor/consultant should be familiar with and knowledgeable about local historic and prehistoric Native American village sites, culture, religion, ceremony and burial practices. 2) Knowledge and understanding of Senate Bill 297 (Chapter 1492, Statutes of 1982) and Senate Bill 447 (Chapter 404, Statutes of 1987.) u u4 5-9LI- 18 ?� . _ ......... 3) Ability to communicate meaning of Senate Bill 297 (Native American remains) and Senate Bill 447 (Felony Bill) to project developers, Native Americans, planners, landowners, and archaeologists. 4) Ability to work with local law enforcement officials and NAHC to ensure return of all associated grave goods taken from a Native American grave during excavation. 5) Ability to travel to several project sites, if necessary, within traditional tribal territory. 6) Knowledge and understanding of Appendix K of the California Environmental Quality Act (CEQA) Guidelines, and Section 106 of the Historic Sites Preservation Act of 1966, 7) Ability to read a topographical map and be able to locate for future inclusion into the NAHC Sacred Lands Inventory sites that are discovered but not recorded and lo. cation of reburials. 8) Knowledge of the techniques archaeologists use to collect on -site data, excavation, auger holes, trenches, shovel pits, controlled grid surface collections, etc. W:1911111194UT 14►r 1) Required to communicate orally and in writing with local Native American tribes, project developers, archaeologists, planners and NAHC staff and other Involved in the mitigation plan. 2) Required to maintain a daily log of activities and prepare well written progress re- ports on any "findings" at a project site, (le; associated grave goods, skeletal remains, bone fragments, beads, arrow points, pottery and other artifacts,) 3) Required to present to the developer and archaeologist the decisions of the most likely descendents as Identified by NAHC concerning the disposition of site findings, le; reinterment, research and examination. 4) Required to prepare a final written report describing the discovery of any Native American remains and associated grave goods and their final disposition. This report shall contain at a minimum the date of find, description of remains and associated grave goods, date of reburial, and place of reburial. The report shall include a discus- sion of mitigation measures taken to preserve or protect Native American cultural re- sources and it applicable a comparison with mitigation measures described In the en- vironmental impact report. This report shall be submitted to NAHC within four weeks after completion of the project. Reburial Information will be included in the Sacred Lands files. .2. 15 5) Ability to identify archaeological deposits and potential areas:of impact. 6) A person 1wi I not act as most likely descendent on the same project which he or she has served as a monitor/consultant. EXPERIENCE 1) It is recommended that each monitodconsultant have previous experience working with Native American cultural resources under the guidance of a Society of Profes- sional Archaeologists (SOPA) qualified archaeologist. This must be continuous on - site guidance. letters from the onsite archaeologist should be submitted with a copy of the archaeologist's resume. OR 2) Experience and knowledge regarding cultural, traditional, and religious resources can be gained by training from tribal elders. This experience and knowledge may be verified by the submission of copies of contracts, reports, letters from elders, etc. OR 3) Formal education regarding cultural resources can be substituted for experience. This education must be taken in the Anthropology Department of a two or four year ac- credited institution. This education may be verified by the submission of copies of transcripts. PREFERENCE It is recommended that preference for monitor/consultant positions be given to local Native Americans. These local people usually have knowledge of the local customs and traditions. They are also aware of the local leaders and elders that may need to be contacted should an unusual situation occur. Since it is their traditional area being impacted, local Indians have vested interest in the project. 1 /89 Final Approved 7/10/89 -3- t-.I:u.d S-qt4- $;I—