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HomeMy WebLinkAbout93-2 - Final Environmental Impact Report 151• RESOLUTION NO. 93 -2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 151 AND APPROVING THE NEWPORT BEACH GROUNDWATER DEVELOPMENT PROJECT WHEREAS, in compliance with the California Environmental Quality Act (California Public Resources Code Sec. 21000 et seq.) and the CEQA Guidelines (Cal. Code of Regulations Sec. 15000 et seq.), Draft Environmental Impact Report No. 151 was prepared by the City of Newport Beach to address the potential environmental effects, develop mitigation measures, and evaluate project alternatives associated with the Newport Beach Groundwater Development Project; and WHEREAS, the Draft EIR was circulated for public comment from November 20, 1992 to January 8, 1993; and WHEREAS, written comments were received from the public during and after the Draft EIR review period; and WHEREAS, the City of Newport Beach has prepared Final EIR 151, which contains the Draft EIR, comments received from Responsible Agencies and interested parties along with the City's written responses to such comments, and revisions to the Draft EIR, as required by CEQA; and WHEREAS, Section 21002.1 of CEQA and Section 15091 of the CEQA Guidelines require that the City Council make one or more of the following Findings prior to the approval of a project for which an EIR has been completed, identifying one or more significant effects of the project, along with Statements of Facts supporting each Finding: FINDING 1: Changes or alterations have been required in, or • incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the EIR. Groundwater Development Project 1 EIR Certification Resolution • FINDING 2: Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the Finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. FINDING 3: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR; and WHEREAS, Section 15092 of the CEQA Guidelines provides that the City shall not decide to approve or carry out a project for which an EIR was prepared unless it has (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings under Section 15091, and (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093; and WHEREAS, Section 15093 (a) of the CEQA Guidelines requires the City Council to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project; and WHEREAS, Section 15093 (b) of the CEQA Guidelines requires, where the decision of the City Council allows the occurrence of significant effects which are identified in the EIR but are not mitigated, the City must state in writing the reasons to support its action based on the EIR or other information in the record; and WHEREAS, Section 21081.6 of CEQA requires, where an EIR has been prepared for a project for which mitigation measures are adopted, that a mitigation monitoring or reporting program be adopted for the project. 2 Groundwater Development Project EIR Certification Resolution NOW, THEREFORE, BE IT RESOLVED that the City Council has reviewed and considered and does hereby certify that Final Environmental Impact Report No. 151 for the Newport Beach Groundwater Development Project is complete and adequate in that it addresses all known environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality Act and the CEQA Guidelines. • Final EIR 151 is comprised of the following elements: 1. Draft EIR 151 and Technical Appendices (2 volumes) 2. Comments Received on the DEIR and Responses to those Comments 3. Revisions to the Draft EIR 4. Mitigation Monitoring and Reporting Program 5. City Council Staff Report All of the above information is on file with the Planning Department, City of Newport Beach, City Hall, 3300 Newport Boulevard, Newport Beach, California 92659- 1768, (714) 644 -3225. BE IT FURTHER RESOLVED that the Final EIR contains a reasonable range of alternatives that could feasibly attain the basic objectives of the project, even when those alternatives might impede the attainment of other project objectives and might be more costly. BE IT FURTHER RESOLVED that none on the alternatives evaluated in the Final EIR would achieve the project objectives with reduced environmental impacts as compared to the proposed project. BE IT FURTHER RESOLVED that all of the potentially significant adverse environmental effects that could result from the proposed project will be eliminated or substantially reduced below the level of significance by the mitigation measures described in the Final EIR. BE IT FURTHER RESOLVED that the City Council finds and determines • that the proposed project as described in Section 2 of the Final EIR, including all of the mitigation measures described in Section 3, is hereby approved. A decision on the precise location of the wells will be made by the City Council after more detailed design studies have been made. In making this determination, the City Council has balanced the benefits Gmundw ter Development Pmiect 3 EIR Certification Resolution • of the project against its environmental risks, as required by CEQA. Those alternatives not incorporated into the project are rejected based upon specific economic, social and other considerations as set forth in the Statement of Findings and Facts, attached hereto as Exhibit A, and the Final EIR. The facts listed in support of each Finding with respect to the potentially significant impacts identified in the Final EIR are true and are based upon substantial evidence in the record. BE IT FURTHER RESOLVED that all of the mitigation measures identified in the Final EIR are hereby adopted as conditions of approval for the project. BE IT FURTHER RESOLVED that the monitoring requirements of Public Resources Code Sec. 21081.6 (AB 3180 of 1988) will be met through the design of the project, required compliance with City building, grading, and other codes and ordinances, and required compliance with the adopted mitigation measures. A Mitigation Monitoring and Reporting Program for the project is attached hereto as Exhibit B and incorporated herein by reference. BE IT FURTHER RESOLVED that Final EIR 151, the Statement of Findings and Facts, and all of the information contained therein accurately reflect the independent judgement of the City Council. ADOPTED THIS 25th day of Jan- . 1993. WWXV Attachments: ate" r• c3 • Exhibit A: Statement of Findings and Facts Exhibit B: Mitigation Monitoring and Reporting Program F:\...\Ur1L\FV-WEU-S\ElR-RBS0 V -WELLS \EIR -RPSO 4 Gmundwater Development Project EIR Certification Resolution EXHIBIT A STATEMENT OF FINDINGS AND FACTS FINAL ENVIRONMENTAL IMPACT REPORT 151 NEWPORT BEACH GROUNDWATER DEVELOPMENT PROJECT L • The California Environmental Quality Act (CEQA) and the CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency mak- ing the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasi- ble the mitigation measures or project alternatives identified in the Final EIR" (Section 15091 of the Guidelines). The Newport Beach City Council has determined that the proposed project as described below should be approved. Because the proposed actions constitute a project under CEQA, and the Initial Study determined that the project could have significant effects on the environment, the City of Newport Beach has prepared an Environmental Impact Report (EIR). This EIR indicates that although there could be significant impacts as a direct result of the project, all of these potential impacts will be reduced below the level of significance as a result of project design specifi- cations, standard City requirements, and mitigation measures identified in the Final EIR. The Findings and Facts set forth below explain the City's reasons for deter- mining that the project should be approved as proposed. IZ PROJECT DESCRIPTION The project objective is to secure a supplemental and alternative domestic water supply of suitable quality at minimum cost for users served by the City of Newport Beach. The proposed project seeks to accomplish the City's objectives by drilling new wells to tap existing aquifers. • The detailed project characteristics are described in Section 2.4 of the Final EIR. Groundwater Development Project A -1 EIR Certification Resolution - Exbibit A I �- III. ENVIRONMENTAL EFFECTS OF THE PROJECT Potential Impacts The project's potential impacts on land use and planning are discussed in Section 3.1.2 of the Final EIR. The project is consistent with all applicable land use plans, although various permits and approvals such as encroachment or grading permits • may be required prior to construction. In addition, a portion of the new transmis- sion line falls within the Coastal Zone, therefore a Coastal Development Permit will be required. Findings 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environ- mental effects identified in the Final E1R. 2. With the mitigation measures identified in the Final EIR, these effects have been determined not to be significant. Facts in Support of Firulingr The potential land use impacts will be eliminated or substantially lessened to a level less than significant by virtue of project design considerations and Mitigation Measure 1 -1 identified in the Final EIR and incorporated into the project. This mitigation measure is as follows: 1 -1 Prior to award of a construction contract, the Utilities Director shall verify that the City has obtained all necessary permits and approvals from Responsible Agencies including the City of Foun- tain Valley, the City of Huntington Beach, the County of Orange, and the California Coastal Commission. B. Traffic and Circulation Potential Impacts The project's potential impacts on traffic and circulation are discussed in Section 3.2.2 of the Final EIR. The project will have no significant direct long -term traffic impacts since occasional trips by maintenance vehicles will be the only additional traffic generated. During construction, additional traffic will be generated by construction employees and equipment. The volume of construction traffic is considered insignificant relative to existing traffic volumes. Potentially significant impacts could result from temporary street or lane closures during pipeline construction if appropriate measures are not taken to mitigate these • impacts. Fu dbW 1. Changes or alterations have been required in, or incorporated into, the project that substantially lessen the potential significant environmental ef- fects identified in the Final EIR. Groundwater Development Project A -2 EIR Certification Resolution - Exhibit A ' ? 2. With the mitigation measures identified in the Final EIR, these effects have been determined not to be significant. Facts in Support of Findings The potential construction impacts in the area of traffic and circulation will be eliminated or substantially lessened to a level less than significant by virtue of project design considerations and Mitigation Measures 2 -1, 2 -2 and 2 -3 identified in • the Final EIR and incorporated into the project. These mitigation measures are as follows: 2 -1 Prior to award of a construction contract, a Traffic Control Plan shall be prepared subject to approval by the Director of Public Works, in consultation with the City Traffic Engineer of each jurisdiction affected by construction equipment traffic and /or haul routes. The plan shall comply with the Caltrans Manual o Traffic Contro ls. as well as the requirements of affected jurisdic- tions, and shall utilize the following methods, where appropriate: a Tunneling under major intersections where feasible b. Restricting hours of construction to off -peak periods C. Locating pipeline alignments within public right -of -way but outside of travel lanes or within medians d Prohibition of on- street parking during construction peri- ods a Temporary restriping to utilize existing medians for travel lanes f. Temporary street closures when suitable alternative routes exist g. Placement of signs identifying construction hours and di- recting traffic to alternative routes 2 -2 Prior to award of a construction contract the Utilities Director shall verify that all required encroachment permits have been obtained from responsible public agencies. 2 -3 Prior to acceptance of improvements, the Utilities Director /City Engineer shall verify that all public roadways affected by con- struction have been restored to the satisfaction of the responsible jurisdiction. G Air Quality Potential Impacts • The project's potential impacts on air quality are discussed in Section 3.3.2 of the Final EIR. The only long -term emissions generated by the project will be from periodic maintenance vehicles and from the generation of electricity for the pumps. These sources are considered to be negligible in relation to ambient standards. Dust and other pollutants that will be generated during the construction period are estimated in Table 9 in the Final EIR. These impacts are not considered to be Groundwater Development Project A -3 EIR Certifatfim RcsWution - Exhibit A 1 significant due to the relatively small scope and short duration of the project, and will be substantially reduced by the mitigation measures incorporated into the project. Findings 1. Changes or alterations have been required in, or incorporated into, the project that substantially lessen the potential significant environmental ef- fects identified in the Final EIR. • 2. With the mitigation measures identified in the Final EIR, these effects have been determined not to be significant. Facts in Support of Findings The potential construction impacts in the area of air quality will be substantially lessened to a level less than significant by virtue of project design specifications and Mitigation Measures 3 -1 through 3 -9 identified in the Final EIR and incorporated into the project. These mitigation measures are as follows: 3 -1 Prior to award of a grading or construction contract, the Utilities Director shall verify that appropriate dust suppression provisions as required by the City Excavation and Grading Code and SCAQMD Rule 403 have been included in the plans and specifications for the project. Examples of appropriate dust suppression mechanisms include the following. a. Active construction sites, staging and parking areas, and unpaved construction roads shall be watered at least twice daily, and ap- proved soil stabilizers or binders shall be applied to inactive con- struction sites b. Vegetation shall be replaced in disturbed areas as quickly as possible after construction is completed C. Exposed soil stockpile areas shall be enclosed, covered, watered twice daily, or have approved soil stabilizers applied according to manufacturer's specifications d. Grading operations shall be suspended whenever wind speed exceeds 25 miles per hour e. Adjacent public streets shall be swept daily if any visible soil material is carried from the construction site f. Speed limits on unpaved construction roads shall be 15 MPH g. Construction vehicle wheels shall be washed prior to leaving the construction site h. All trucks hauling soil, sand, or other loose materials shall main- tain at least 6 inches of freeboard and be covered when traveling on public streets • i Construction roads with more than 150 total daily trips shall be paved j. Pavement shall be extended at least 100 feet onto the construc- tion site from the public roadway access point 3 -2 Field trailers shall utilize non - diesel powered air conditioning units Groundwater Development Project A-4 EIR Certiftmtion Resolution - Exhibit A 16 3 -3 Construction equipment operations shall be suspended during second stage smog alerts 3 -4 All stationary construction equipment shall comply with the low- sulfer fuel requirements pursuant to SCAQMD Rule 431.2 3 -5 Construction equipment shall utilize catalytic converters and minimize idling to the greatest extent feasible • 3 -6 Construction operations affecting traffic flow on public streets shall avoid peak periods to the greatest extent feasible 3 -7 Temporary traffic control measures (e.g., flagmen) shall be provided to improve traffic flow and safety whenever construction operations affect public streets 3 -8 At least one week prior to beginning grading or construction immediately adja- cent to residential developments, the Utilities Director shall provide written notice to all occupants immediately adjacent to the construction site. 3 -9 Prior to beginning grading or construction immediately adjacent to the Califor- nia Seabreeze development in the city of Costa Mesa, a temporary barrier (e.g., canvas tarp, plastic sheeting, etc.) shall be installed along the open wrought iron fencing to help control the spread of dust and construction debris onto these properties. D. Noise Potential Impacts The project's potential noise impacts are discussed in Section 3.4.2 of the Final EIR. Potentially significant impacts could result from construction activities and from the well pumps during operation. Findings 1. Changes or alterations have been required in, or incorporated into, the project that substantially lessen the potential significant environmental ef- fects identified in the Final EIR. 2. With the mitigation measures identified in the Final EIR, these effects have been determined not to be significant. Fads in Support of Findings The potential noise impacts will be eliminated or substantially lessened to a level less than significant by virtue of project design considerations and the mitigation measures identified in the Final EIR and incorporated into the project. The miti- gation measures are as follows: 4 -1 Prior to final approval of plans and specifications for the pump enclo- sures, an acoustical analysis shall be prepared by a licensed acoustical . engineer certifying that the structures have been designed so that noise levels from pumps will not exceed 55 dBA CNEL at the property line of any adjacent structure. The report shall be subject to review and ap- proval by the City Engineer. 4 -2 Prior to award of a construction contract, the Utilities Director shall verify that a provision is contained in the plans and specifications limit- ing construction activities to the hours of 8:00 a.m. to 6:30 p.m. Monday Groundwater Development Project A -5 EIR certification Resolution - Exhibit A through Friday, with no construction activities on Saturdays, Sundays and holidays. E Earth Resources Potential Impacts The project's potential impacts to earth resources are discussed in Section 3.5.2 of • the Final EIR. These impacts include temporary soil displacement during trenching and drilling, and potential soil erosion during and after construction. In addition, the completed pipeline could be subject to rupture in the event of a major earth- quake. Findings 1. Changes or alterations have been required in, or incorporated into, the project that substantially lessen the potential significant environmental ef- fects identified in the Final EIR. 2. With the mitigation measures identified in the Final EIR, these effects have been determined not to be significant. Facts in Support of Findings The potential impacts in the area of earth resources will be eliminated or substan- tially lessened to a level less than significant by virtue of project design consider- ations and the mitigation measures identified in the Final EIR and incorporated into the project. The mitigation measures are as follows: 5-1 Prior to commencement of excavation or construction, a grading permit shall be obtained in conformance with Title 15 of the Newport Beach Municipal Code. The Utilities Department and its contractors shall comply with all the requirements of the grading permit, including but not limited to the following. a Prior to issuance of a grading permit a geotechnical report shall be prepared evaluating soil conditions and potential hazards, and providing recommended means of mitigating potential hazards in conformance with accepted engineering practices. b. Grading plans shall include appropriate temporary and perma- nent drainage and erosion control plans to minimize impacts from siltation and soil erosion, with a copy transmitted to the Regional Water Quality Control Board, Santa Ana Region C. If soil export is necessary, haul routes and access points shall be developed so as to minimize impacts to residential areas. d , All grading and excavation shall comply with the approved grad- ing plans. • e. Permanent reproducible copies of Approved As -Built plans shall be famished to the Building and Utilities Departments. The risk of earthquake is not considered significant since the flow of water can be stopped by closing valves in the pipeline in the event of rupture. Groundwater Development Proiect A -6 OR Certification Rexolutian - Exhibit A (� R Water Resources Potential Impacts The project's potential impacts to water resources are discussed in Section 3.6.2 of the Final EIR. These impacts include the possibility of groundwater overdraft and seawater intrusion. Findings • 1. Changes or alterations have been required in, or incorporated into, the project that substantially lessen the potential significant environmental ef- fects identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. With the mitigation measures identified in the Final EIR, these effects have been determined not to be significant. Facts in Support of Findings The potential impacts in the area of water resources will be eliminated or sub- stantially lessened to a level less than significant by virtue of project design consid- erations and the mitigation measures identified in the Final EIR and incorporated into the project. The mitigation measures are as follows: 6 -1 Orange County Water District shall continue to monitor groundwater quality and aquifer levels and shall take appropriate action to ensure that the long -term productivity and quality of the groundwater basin is maintained. If determined necessary by the Department of Health Ser- vices, additional monitoring wells shall be installed between the new City of Newport Beach wells and the injection barrier wells. 6 -2 The City of Newport Beach shall continue to enforce the provisions of the Water Conservation Ordinance (NBMC Chapter 14.16). 6 -3 The City of Newport Beach shall comply with the requirements of the Water Conservation in Landscaping Act of 1990 by implementing a water efficient landscaping ordinance. Implementation of Mitigation Measure 6 -1 will be the responsibility of Orange County Water District in its capacity as the agency with management authority over the local groundwater basin, while 6 -2 and 6 -3 will be implemented by the City of Newport Beach. G. Biological Resources Potential Impacts • The project's potential impacts to biological resources are discussed in Section 3.7.2 of the Final EIR. Only the portion of the project between the Santa Ana River and the southern terminus contains potentially sensitive biological resources, since the remainder of the project area is fully urbanized. The biological surveys con- ducted for the project found only non - sensitive animal species except for one Dou- ble- crested cormorant, a California species of concern. The pipeline route traverses some drainage courses with riparian thickets and seasonal freshwater marsh that Groundwater Development Prged A -7 EIR Certification Resolution - &hbit A provide habitat for wildlife. Preliminary measurements indicate that less than one acre of potential wetlands will be disturbed during construction. Although this is considered to be below the threshold of significance, the City will consult with state and federal resource agencies regarding potential jurisdictional wetlands, and will obtain all necessary permits and approvals prior to construction, as required by Mitigation Measure 7 -2. Since the project will not result in a permanent land use change in any natural areas, the only potential impacts to biological resources would be the temporary • disturbance during construction. These impacts would not be significant if construc- tion is timed to avoid the nesting season for sensitive bird species and appropriate restoration is accomplished after construction is completed, as required by Mitiga- tion Measures 7 -1 and 7 -4. The mature eucalyptus windrow along the southern end of the pipeline route is considered a locally significant feature. Mitigation Measure 7 -3 will ensure that disturbance of this windrow will be avoided to the greatest extent feasible. Findings 1. Changes or alterations have been required in, or incorporated into, the project that substantially lessen the potential significant environmental ef- fects identified in the Final EIR. 2. With the mitigation measures identified in the Final EIR, these effects have been determined not to be significant. Facts in Support of Findings The potential impacts to biological will be eliminated or substantially lessened to a level less than significant by virtue of project design considerations and the miti- gation measures identified in the Final EIR and incorporated into the project. The mitigation measures are as follows: 7 -1 Restoration and Reve etation Prior to issuance of a grading permit for the portion of the project within the West Newport Oil Company property, the Utilities Director shall ensure that a provision has been incorporated into the Plans and Specifi- cations requiring any areas disturbed by trenching and grading to be restored to their original contours and revegetated with appropriate native plant materials. 7 -2 Potential Jurisdictional Wetlands Prior to issuance of a grading permit for the portion of the project within the West Newport Oil Company property, the Utilities Director shall consult with the U.S. Army Corps of Engineers regarding potential im- pacts to any wetlands that may be affected by the project. If it is deter- mined that any jurisdictional wetlands would be affected, the City shall comply with any mitigation measures determined to be appropriate by • the Corps of Engineers. 7 -3 Eucalyptus Windrow Prior to issuance of a grading permit for the portion of the project within the West Newport Oil Company property, the Utilities Director shall ensure that a provision has been incorporated into the Plans and Speciji- Groundwater Development Project A -8 EIR Certification Resolution . Exhibit A cations requiring that the eucalyptus windrow along the eastern property line be avoided to the greatest extent feasible. 7 -4 Sensitive Species Prior to issuance of a grading permit for the portion of the project within the West Newport Oil Company property, the Utilities Director shall ensure that a provision Itas been incorporated into the Plans and Specifi- cations requiring that construction activities be scheduled to avoid the nesting season for sensitive bird species that may inhabit the property. H. Cultural Resources Potential Impacts The project's potential impacts to cultural resources are discussed in Section 3.8.2 of the Final EIR. Only the portion of the project between the Santa Ana River and the southern terminus is undeveloped, therefore the cultural resources analysis included only that segment. The literature search and field surveys determined that two paleontological sites and two archaeological sites are located in close proximity to the pipeline route, and could be impacted by construction. Under these circum- stances, it is appropriate to require that a trained observer be present during grad- ing and trenching so that any sensitive resources that are uncovered can be evalu- ated and salvaged, if necessary. Such monitoring will reduce potential impacts below the level of significance. Findings Changes or alterations have been required in, or incorporated into, the project that substantially lessen the potential significant environmental ef- fects identified in the Final EIR. 2. With the mitigation measures identified in the Final EIR, these effects have been determined not to be significant. Facts in Support of Findings The potential impacts in the area of cultural resources will be eliminated or sub- stantially lessened to a level less than significant by virtue of project design specifi- cations and the mitigation measures identified in the Final EIR and incorporated into the project. The mitigation measures are as follows: 8 -1 Archaeological GradingObservation and Salvage Prior to award of a grading contract, the Utilities Director shall ensure that the following provision has been incorporated into the Plans and Specifications for the project. Prior to issuance of a grading permit for the portion of the project within • the West Newport Oil Company property, a County - certified archaeolo- gist shall be retained, shall be present at the pre - grading conference, shall establish procedures for archaeological resource surveillance, and shall establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of any artifacts as appropri- ate. If unexpected archaeological features are discovered, the archaeo- logical observer shall report such findings to the Utilities Director and to the Manager, Orange County EMA /Harbors, Beaches and ParksMro- Gmundw ter Dmiopment Pmject A -9 EIR Certification Resolution - Exhibit A ;P gram Planning Division. If the archaeological resources are found to be significant, the observer shall determine appropriate actions, in coopera- tion with the Utilities Director, for exploration and /or salvage. Excavat- ed finds shall be offered to the County of Orange, or its designee, on a first refusal basis. 8 -2 Paleontolojdcal Grading Observation and Salvagg Prior to award of a grading contract, the Utilities Director shall ensure • that the following provision has been incorporated into the Plans and Specifications for the project: Prior to issuance of a grading permit for the portion of the project within the West Newport Oil Company property, a County- certified paleontolo- gist shall be retained to observe grading activities and salvage and cata- logue fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological re- source surveillance, and shall establish procedures for temporarily halting or redirecting work to permit the sampling identification, and evaluation of any fossils as appropriate. If major paleontological resources are discovered, which require long -term halting or redirecting of grading, the paleontological observer shall report such findings to the Utilities Direc- tor and to the Manager, Orange County EMA /Harbors, Beaches and Parks/Program Planning Division. If the archaeological resources are found to be significant, the observer shall determine appropriate actions, in cooperation with the Utilities Director, for exploration and /or salvage. Excavated finds shall be offered to the County of Orange, or its designee, on a first refusal basis. I. Cumulative Impacts The implementation of the project will increase the demand on the groundwater basin by a maximum of 14,000 acre -feet per year, and will cause water levels to be lowered by approximately 14 feet in the immediate vicinity of the wells. Water levels at the nearest adjacent public agency well will be lowered by less than 7 feet. The City has no knowledge of other new wells in an active planning process at this time. Additional wells are anticipated in the future, however, and the Orange County Water District will conduct evaluations when new wells are proposed to determine the cumulative effects of those wells in combination with existing wells. The demand for electrical power will be reduced as a result of the project because groundwater pumping requires less energy than pumping imported water. W=7 a 1. Changes or alterations have been required in, or incorporated into, the project that substantially lessen the potential significant environmental ef- fects identified in the Final EIR. 2. With the mitigation measures identified in the Final EIR, these effects have been determined not to be significant. Fads in Support of Findings The increased groundwater demand from the proposed project will be offset by additional groundwater recharge in the Santa Ana River and increased injection of reclaimed water. Increases in these sources are expected due to increasing water usage and treated sewage flows. Groundwater Development Project A -10 EIR Certification Resolution - Exhibit A ;Q The potential cumulative impacts in the area of water resources will be eliminated or substantially lessened to a level less than significant by virtue of project design considerations and Mitigation Measures 6 -1 through 6 -3 identified above and in the Final EIR and incorporated into the project. Implementation of Mitigation Mea- sure 6 -1 will be the responsibility of Orange County Water District in its capacity as the agency with management authority over the local groundwater basin, while 6 -2 and 6 -3 will be implemented by the City of Newport Beach. With implementation of these mitigation measures, there will be no significant cumulative impacts as a result of the project. • V. ALTERNATIVES TO THE PROPOSED PROJECT Alternatives to the project are discussed in Section 5.0 of the Final EIR. The City has considered the project alternatives identified in the EIR in approving the pro- ject, and makes the following findings with respect to those alternatives. A. No Project Altemative The No Project Alternative would continue the status quo with respect to water supply, and would not provide the increased flexibility and reliability, improved water quality, and reduced water cost that would be accomplished by the project. Finding Specific economic, social or other considerations make infeasible the No Project Alternative identified in the Final EIR. In addition, all feasible mitigation mea- sures have been incorporated into the proposed project, which will substantially reduce the potential environmental effects identified in the Final EIR. Facts in Support of Finding The No Project Alternative would avoid all of the impacts that will result from construction and operation of the project. However, the No Project Alternative would not satisfy the project objectives and would result in the following adverse impacts: o Water customers served by the City would be at greater risk of ser- vice interruption in the event of a major earthquake or accident o Water quality would be lower than that provided by the project o Water cost to customers would be higher than with the project Although the No Project Alternative would eliminate many of the project's poten- tial environmental impacts, this alternative would result in other adverse impacts of its own, and would fail to achieve the basic objectives of the project. The No Project Alternative is therefore rejected as infeasible. B. Increased Water Conservation Alternative This alternative could reduce the demand for new sources of water and would avoid the direct environmental impacts associated with construction and operation of the proposed project. Examples of methods to achieve reduced demand include install- ing or retrofitting low- volume toilets, flow restrictors in faucets and showerheads, drip irrigation, and drought- tolerant landscaping. Groundwater Development Project A -11 EIR Certification Pe Iution - Exhibit A a2 Finding Specific economic, social or other considerations make infeasible the Increased Water Conservation Alternative identified in the Final EIR. In addition, all feasi- ble mitigation measures have been incorporated into the proposed project which will substantially reduce the potential environmental effects identified in the Final EIR. Facts in Support of Firu r • The Increased Water Conservation Alternative identified in the Final EIR would not achieve the basic project objective of providing an alternative water source. Although this alternative would reduce water demand, the City would still be at risk of service interruptions in the event of a major earthquake or other disaster. In addition, mitigation measures have been incorporated into the proposed project to substantially reduce the potential environmental effects identified in the Final EIR. The City has taken steps to reduce water consumption by implementing a Water Conservation Ordinance (Newport Beach Municipal Code Chapter 14,16) that requires feasible conservation measures, and has also adopted a Water Effi- cient Landscaping Ordinance (Newport Beach Municipal Code Chapter 14.17) as required by the Water Conservation in Landscaping Act. Mitigation Measure 6.2 and 6 -3 require continuation of these conservation efforts. With these and other mitigation measures identified in the Final EIR, all potential adverse effects will be reduced to a level that is determined not to be significant. C Wastewater Reclamation Allemative This alternative would reduce the demand for new water supplies by utilizing reclaimed wastewater for domestic use. Although this alternative could avoid some of the potential impacts associated with the proposed project, other potential im- pacts would be anticipated in connection with the construction of reclamation and distribution facilities. Finding Specific economic, social or other considerations make infeasible the Wastewater Reclamation Alternative identified in the Final EIR. In addition, all feasible mitigation measures have been incorporated into the proposed project which will substantially reduce the potential environmental effects identified in the Final EIR, Facts in Support of Finding Reclaimed water is already a component of the City's overall water supply strategy. The use of reclaimed water is scheduled to begin in 1995 through the City's partici- pation in the Orange County Water District's Green Acres project. The reclaimed water supplied by this project is not currently intended for potable domestic use, and is distributed through a separate system of pipes. Al this time, it is intended that within Newport Beach this reclaimed water will be used only for landscape irri- gation. Although the Wastewater Reclamation Alternative identified in the Final EIR would avoid some of the environmental impacts associated with the proposed project, it would not achieve the basic project objective of providing an alternative potable water source. Although the Green Acres project will help to satisfy a portion of the city's water needs, customers would still be at risk of service interrup- tions in the event of a major earthquake or other disaster unless an alternative source of potable water is secured. For this reason the Wastewater Reclamation Alternative is rejected as infeasible. Gro nde ter Dmebpment Pmje A -12 OR Qni6t d. Re d. ion • Fihbit A _3 In addition, mitigation measures have been incorporated into the proposed project to substantially reduce the potential environmental effects identified in the Final EIR. As noted above, the City has taken steps to reduce water consumption by implementing a Water Conservation Ordinance and a Water Efficient Landscaping Ordinance. Mitigation Measure 6 -2 and 6 -3 require continuation of these con- servation efforts. With these and other mitigation measures identified in the Final E1R, all potential adverse effects will be reduced to a level that is determined not to be significant. D. Alterriative Water WeU Sues The proposed project includes drilling four new wells at two sites in the area gener- • ally bounded by Warner Avenue, Newland Street, Talbert Avenue, and the San Diego Freeway (1-405) in the city of Fountain Valley. Nine specific well site alter- natives within this general area are evaluated in the Final EIR. The advantages and disadvantages of each alternative are discussed in terms of four criteria: Quali- ty of aquifer; impact on residences; impact on roadways; and distance from the service area. At this time, the preferred specific sites have not been identified. The specific well site locations will be selected at a later date based on further analysis and negotia- tions with property owners. This decision will be subject to further CEQA review according to the requirements of Public Resources Code Section 21166 and CEQA Guidelines Section 15162. R \... \VnL \FV -W ULS \F3 R -RESOA Gt nd ter Dw Topment Pm" A -13 EUR Cenir"don Resolution - FAU A yg a EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM Newport Beach Groundwater Development Project OVERVIEW This mitigation monitoring program was prepared in compliance with Public Resources Code Section 21086.6 (AB 3180 of 1988). It describes the requirements and procedures to be followed by the City and its contractors to ensure that all mitigation measures adopted as part of this project will be carried out. The attached table summarizes the adopted mitigation measures, implementing actions, and verification procedures for this project. H. MITIGATION MONITORING PROCEDURES Mitigation measures can be implemented in three ways: (1) through project design, which is verified by plan check and inspection; (2) through compliance with various codes, ordinances, policies, standards, and conditions of approval which are satisfied prior to or during construction and verified by plan check and /or inspection; and (3) through monitoring and reporting after construction is completed. Compliance monitoring procedures for these three types of mitigation measures are summarized below. A. Mitigation measures implemented through project design. Upon project approval, a copy of the approved project design will be placed in the official project file. As part of the review process for all subsequent actions and approvals (e.g., approval of plans and specifications, award of a construction contract), the file will be checked to verify that the proposed action is in confor- mance with the approved project description. Field inspections will verify that construction conforms to approved plans. B. Mitigation measures implemented through compliance with codes, ordinances, policies, standards, or conditions of approval: Upon project approval, a copy of the approved project description and conditions of approval will be placed in the official project file. As part of the review process for all subsequent actions and approvals, the file will be checked to verify that the proposed action is in compliance with all applicable codes, ordinances, policies, standards and conditions of approval. Field inspections will verify that construction conforms to all applicable standards and conditions. C. Mitigation measures implemented through post - construction monitoring. If any mitigation measures require verification and reporting after construction is completed, the City will maintain a log of these mitigation monitoring and reporting requirements, and will conduct periodic reviews or inspections as required by the adopted monitoring program. 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