HomeMy WebLinkAbout2010-29 - Sunset Ridge ParkRESOLUTION NO. 2010 -29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
(SCH NO. 2009051036) FOR THE SUNSET RIDGE PARK PROJECT IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT AND STATE AND LOCAL GUIDELINES, MAKING CERTAIN
FINDINGS AND DETERMINATIONS THERETO, AND APPROVAL OF A
MITIGATION MONITORING AND REPORTING PROGRAM
WHEREAS, the City of Newport Beach City Council has determined that the
Sunset Ridge Park Project ( "Project') is necessary to serve the needs of the community;
and
WHEREAS, it was determined pursuant to the California Environmental Quality
Act, Public Resources Code Section 21000, et seq ( "CEQA ") and the CEQA Guidelines
(14 Cal. Code of Regulations, Sections 15000 et seq.) that the Project could have a
significant effect on the environment, and thus warranted the preparation of an
Environmental Impact Report ( "EIR "); and
WHEREAS, on May 8, 2009, the City of Newport Beach, as lead agency under
CEQA, prepared a Notice of Preparation ( "NOP ") of the EIR and mailed that NOP to
public agencies, organizations and persons likely to be interested in the potential
impacts of the proposed Project; and
WHEREAS, the City caused to be prepared a Draft Environmental Impact Report
( "DEIR "), which, taking into account the comments received on the NOP, described the
Project and discussed the environmental impacts resulting there from, and circulated
the DEIR for a 45 -day public review and comment period on October 27, 2009, which
ended on December 11, 2009; and
WHEREAS, the DEIR public review period was extended from January 8, 2010
to February 23, 2010, to allow for expanded circulation and additional comments.
However, no changes were made to the DEIR associated with this additional review
period; and
WHEREAS, the City of Newport Beach has reviewed the comments received on
the DEIR, and has prepared full and complete responses thereto, and on March 12,
2010 distributed the responses to comments in accordance with Public Resources Code
Section 21092.5; and
WHEREAS, on March 12, 2010, the City of Newport Beach completed a Final
Environmental Impact Report ( "FEIR ") for the project consisting of the DEIR, comments
received on the DEIR, responses to comments on the DEIR, minor revisions to the
DEIR, and the addition of Mitigation Measures 4.4 -1 through 4.4 -4 with respect to Air
Quality and Climate Change, and Mitigation Measures 4.9 -3 and 4.9 -4 with respect to
Hazards and Hazardous Materials; and
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WHEREAS, the addition of the mitigation measures does not alter any impact
significance conclusion disclosed in the DEIR, and therefore, does not warrant
recirculation of the DEIR for public review; and
WHEREAS, on March 23, 2010, the City Council of the City of Newport Beach,
California, held a duly noticed public hearing to consider: (1) the certification of the
FEIR, (2) the adoption of certain findings and determinations, (3) approval of a
Mitigation Monitoring and Report Program, and (4) approval of the Conceptual Site
Plan; and
WHEREAS, the FEIR for the Project was presented to the City Council, the
decision making body for the lead agency, for certification as having been completed in
compliance with the provisions of CEQA and State and local guidelines implementing
CEQA; and
WHEREAS, The City Council has read and considered all environmental
documentation comprising the FEIR, including the comments and the responses to
comments, and has found that the FEIR considers all potentially significant
environmental impacts of the proposed project, and is complete and adequate, and fully
complies with all requirements of CEQA and the State and local CEQA Guidelines; and
WHEREAS, prior to taking action on this Project, the City Council has considered
all significant impacts and Project alternatives identified in the FEIR and has found that
all potentially significant impacts of the Project have been lessened or avoided to the
extent feasible; and
WHEREAS, CEQA and CEQA Guidelines provide that no public agency shall
approve or carry out a project for which an EIR has been completed and which identifies
one or more significant effects of the project unless the public agency made written
findings for each of the significant effects, accompanied by a statement of facts
supporting each finding; and
WHEREAS, CEQA and CEQA Guidelines require, where the decision of the City
Council allows the occurrence of significant environmental effects which are identified in
the EIR, but are not mitigated, the City Council must state in writing the reasons to
support its action based on the FEIR and /or other information in the record; and
WHEREAS, the City Council has determined that the Project is consistent with
the General Plan of the City of Newport Beach; and
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. Based on its review and consideration of the FEIR, all written
communications and oral testimony regarding the Project which have been submitted to
and received by the City Council, the City Council hereby certifies that the FEIR for the
Project has been completed in compliance with CEQA and the State and local CEQA
Guidelines. The City Council, having final approval authority over the Project, adopts
and certifies as complete and adequate the FEIR, which reflects the City Council's
independent judgment and analysis. The City Council further certifies that the FEIR
was presented to the City Council and that the City Council reviewed and considered
the information contained in it prior to approving the Project.
SECTION 2. CEQA Findings of Fact. Pursuant to CEQA Guidelines Section
15091, the City Council has reviewed and hereby adopts the CEQA Findings of Fact as
shown on the attached "Exhibit A" entitled "Sunset Ridge Park Project Findings of Fact"
which exhibit is incorporated herein by reference.
SECTION 3. Mitigation Monitoring and Reporting Program. Pursuant to CEQA
Guidelines Section 15097, the City Council has reviewed and hereby adopts the
"Mitigation Monitoring and Report Program" which is included as "Exhibit B," which
exhibit is incorporated herein by reference.
SECTION 4. Location and Custodian of the Record of Proceedings. The
Planning Department of the City of Newport Beach, located at 3300 Newport Boulevard,
Newport Beach, CA 92663, is hereby designated as the custodian of the documents
and other materials which constitute the record of proceedings upon which the City
Council's decision is based, which documents and materials shall be available for public
inspection and copying in accordance with the provisions of the California Public
Records Act (California Government Code Section 6250 et seq.).
SECTION 5. Notice of Determination. The Planning Director shall cause the
filing of a notice of determination with the County Clerk of the County of Orange and
with the State Office of Planning and Research within five working days of this approval.
SECTION 6. Certification, Posting and Filing. This resolution shall take effect
immediately upon its adoption by the City Council of the City of Newport Beach, and the
City Clerk shall certify to the vote adopting this resolution and shall cause a certified
copy of this resolution to be filed in the records of the City Clerk.
PASSED, APPROVED, AND ADOPTED this 23rd day of March 2010.
Keith D. Curry, Mayor
C O N S U L T I N G
L7Z-
"EXHIBIT A"
FINDINGS OF FACT
SUNSET RIDGE PARK PROJECT,
NEWPORT BEACH, CALIFORNIA
SCH No. 2009051036
Prepared for City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Prepared by BonTerra Consulting
151 Kalmus Drive, Suite E -200
Costa Mesa, California 92626
March 2010
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TABLE OF CONTENTS
Section Page
I. Introduction ..................................................................................... ............................... 1
A. Findings of Fact ................................................................... ............................... 1
B. Record of Proceedings ........................................................ ............................... 2
C. Custodian and Location of Records ..................................... ............................... 3
ProjectSummary ............................................................................. ............................... 4
A.
Project Location .................................................................... ..............................4
B.
Project Description ............................................................... ............................... 4
C.
Project Objectives ................................................................ ............................... 5
D.
Alternatives ........................................................................... ..............................6
E.
Scope of EIR ........................................................................ ............................... 6
III. General Findings .............................................................................. .............................11
IV. Findings of Fact in Support of Findings for Significant Environmental Effects ................12
A. Environmental Impacts Determined to be Less Than Significant
withMitigation .................................................................... ............................... 12
B. Significant Unavoidable Impacts .......................................... .............................49
C. Findings Regarding Project Alternatives ............................ ............................... 54
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INTRODUCTION
A. FINDINGS OF FACT
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The California Environmental Quality Act (CEQA) (Public Resource Code § §21000, at seq.) and
the State CEQA Guidelines (Guidelines) (14 California Code of Regulations § §15000, et seq.)
promulgated thereunder, require that the environmental impacts of a project be examined
before a project is approved. Specifically, regarding findings, CEQA Guidelines Section 15091
provides:
(a) No public agency shall approve or carry out a project for which an EIR has
been certified 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:
Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant 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 making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
3. Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained
workers, make infeasible the mitigation measures or project alternatives
identified in the final EIR.
(b) The findings required by subsection (a) shall be supported by substantial
evidence in the record.
(c) The finding in subsection (a)(2) shall not be made if the agency making the
finding has concurrent jurisdiction with another agency to deal with identified
feasible mitigation measures or alternatives. The finding in subsection (a)(3)
shall describe the specific reasons for rejecting identified mitigation measures
and project alternatives.
(d) When making the findings required in subsection (a)(1), the agency shall also
adopt a program for reporting on or monitoring the changes which it has
either required in the project or made a condition of approval to avoid or
substantially lessen significant environmental effects. These measures must
be fully enforceable through permit conditions, agreements, or other
measures.
(e) The public agency shall specify the location and custodian of the documents
or other material which constitute the record of the proceedings upon which
its decision is based.
(f) A statement made pursuant to Section 15093 does not substitute for the
findings required by this section.
The "changes or alterations" referred to in CEQA Guidelines Section 15091(a)(1) above, that
are required in, or incorporated into, the project which mitigate or avoid the significant
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environmental effects of the project, may include a wide variety of measures or actions as set
forth in CEQA Guidelines Section 15370, including:
(a) Avoiding the impact altogether by not taking a certain action or parts of an
action.
(b) Minimizing impacts by limiting the degree or magnitude of the action and its
implementation.
(c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted
environment.
(d) Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action.
(e) Compensating for the impact by replacing or providing substitute resources or
environments.
Regarding a Statement of Overriding Considerations, CEQA Guidelines Section 15093
provides:
(a) CEQA requires the decision - making agency to balance, as applicable, the
economic, legal, social, technological, or other benefits of a project against its
unavoidable environmental risks when determining whether to approve the
project. If the specific economic, legal, social, technological, or other benefits
of a proposed project outweigh the unavoidable adverse environmental
effects, the adverse environmental effects may be considered "acceptable ".
(b) When the lead agency approves a project which will result in the occurrence
of significant effects which are identified in the final EIR but are not avoided
or substantially lessened, the agency shall state in writing the specific
reasons to support its action based on the final EIR and /or other information
in the record. The statement of overriding considerations shall be supported
by substantial evidence in the record.
(c) If an agency makes a statement of overriding considerations, the statement
should be included in the record of the project approval and should be
mentioned in the notice of determination. This statement does not substitute
for, and shall be in addition to, findings required pursuant to Section 15091.
The City of Newport Beach (City) has prepared a Final Environmental Impact Report (Final EIR)
for the Sunset Ridge Park Project (Project) in accordance with CEQA and CEQA Guidelines
requirements. Because the Final EIR identified significant effects which may occur as a result of
the Project, and in accordance with the provisions of the Guidelines, the City of Newport Beach
City Council hereby adopts these findings as part of the approval of the Sunset Ridge Park
Project.
B. RECORD OF PROCEEDINGS
For purposes of CEQA and these Findings of Fact, the Record of Proceedings for the Project
consists of the following documents and other evidence, at a minimum:
a. The Notice of Preparation (NOP) and Initial Study, and all other public notices issued by
the City in conjunction with the Project;
b. The Draft EIR and all appendices, technical reports, thereto;
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c. The Final EIR. Comments and Responses to Comments on the Draft EIR received
during the public review comment periods, including a list of all persons, organizations,
and public agencies commenting;
d. All written and verbal public testimony presented during the noticed public hearing of
March 23, 2010 for the Project at which such testimony was taken;
f. Information provided in submissions of testimony from officials and departments of the
City, the public and other municipalities and agencies;
g. The Mitigation Monitoring and Reporting Program (MMRP);
h. Transmittal packages to the Newport Beach City Council;
j. City Council Resolution 2010 - adopted on March 23, 2010, certifying the Final
Environmental Impact Report for the Sunset Ridge Park Project, adopting Findings of
Fact, and the MMRP.
k. All attachments and documents incorporated by reference identified in the above listed
items; and
I. Any other relevant materials required to be in the record or proceedings by Public
Resources Code Section 21167.6(e).
Thus, the City proposes to approve the Sunset Ridge Park Project and the Findings of Fact as
set forth herein.
C. CUSTODIAN AND LOCATION OF RECORDS
Section 8.0 of the EIR, List of References, identifies the references used in preparation of the
environmental analysis. Many of the reference materials and other materials which constitute
the administrative record for the City's actions related to the Sunset Ridge Park Project are
located at the City of Newport Beach Planning Department, which serves as the custodian of
the administrative record for the Project. Copies of these documents, which constitute the
record of proceedings, are and have been and will be available upon request at the offices of
the Planning Department. The contact for this material is:
Janet Johnson Brown, Associate Planner
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
(714) 644 -3200
This information is provided in compliance with Public Resources Code Section 21081.6(a)(2)
and CEQA Guidelines Section 15091(e).
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PROJECT SUMMARY
A. PROJECT LOCATION
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The Sunset Ridge Park Project site (Project site) is located in the western portion of the City of
Newport Beach in Orange County, California. The Project site encompasses approximately
18.9 acres. Approximately 13.7 acres are located within the incorporated boundary of the City of
Newport Beach (City), and approximately 5.2 acres are in unincorporated Orange County within
the City's adopted Sphere of Influence, as approved by the Local Agency Formation
Commission of Orange County. The entire site is within the boundary of the coastal zone as
established by the California Coastal Act.
The Project site is generally bound on the north by condominium residential development; to the
east by Superior Avenue with condominium residential development and Hoag Memorial
Hospital Presbyterian (Hoag Hospital) east of the road; to the south by West Coast Highway
with residential development south of the highway; and to the west by existing oil field
operations and undeveloped open space (Newport Banning Ranch).
B. PROJECT DESCRIPTION
The Project site is currently vacant and undeveloped. There is limited infrastructure on the
Project site including drainage channels, unimproved roads, and a soundwall along Superior
Avenue. The Project site is irregularly shaped with varying topography, with the northeastern
portion of the site at a higher elevation than the western portion. The site ranges in elevation
from approximately 76 feet above mean sea level (msl) in the northeastern portion of the site,
44 feet above msl in the northwestern portion of the site, and slopes downward to approximately
10 feet above msl at the intersection of West Coast Highway at Superior Avenue. The Project
site has been previously graded, and is subject to regular maintenance activities.
Sunset Ridge Park would include active and passive public park uses. The park would include
one baseball field and two soccer fields, a playground and picnic area, a memorial garden and
an overlook with seating and shade structure, pedestrian paths, restroom facilities, and parking.
The parking lot would provide 75 parking spaces and include a designated drop -off area. In
addition, up to 22 parallel parking spaces may be provided along the park access road near the
parking lot for a total of 97 parking spaces. The park would include pedestrian access via two
entries from the sidewalk along Superior Boulevard and one entry from the sidewalk along West
Coast Highway. Vehicle ingress and egress would be provided via a park access road
extending from West Coast Highway through the Newport Banning Ranch property. Use of this
adjacent property for the park access road requires an access easement from the Newport
Banning Ranch property owner. No nighttime lighting other than for public safety would be
provided.
Construction of the Project is planned to occur in a single construction phase of between 16 and
18 months. Approximately 130,000 cubic yards (cy) of cut and 96,000 cy of fill may be required
during grading activities, with a net export of approximately 34,000 cy. The City proposes that all
of the exported soil would go to identified locations on the adjacent Newport Banning Ranch
property. Existing oil field roads on the Newport Banning Ranch property would provide truck
access to transport the export material from the park site to Newport Banning Ranch.
Alternatively, the soil could be transported to another location, such as the Bowerman Landfill.
As a part of the Project, the City proposes to widen a portion of the northern side of West Coast
Highway from Superior Avenue to a point west of the park access road consistent with the
standards of the City of Newport Beach General Plan's Circulation Element and the Orange
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County Transportation Authority's Master Plan of Arterial Highways. A signal is planned on West
Coast Highway at the park access road. Because West Coast Highway is a State Highway,
California Department of Transportation (Caltrans) approvals would be required. Where the
widening would occur on Newport Banning Ranch property, a dedication from Newport Banning
Ranch would be required.
The Project does not require a General Plan amendment or zone change. The City of Newport
Beach General Plan land use designation for the 13.7 acres under City ownership of the Project
site within the City of Newport Beach is Parks and Recreation (PR), and the land use
designation for the 5.2 acres within the City's Sphere of Influence on the Newport Banning
Ranch property is Open Space /Residential Village (OS /RV).
The zoning designation for the portion of the Project site in the City is Open Space- Active
(OS -A). That portion of the site within the City's Sphere of Influence does not have a City zoning
designation. The County zoning designation for that portion of the site in Newport Banning
Ranch for the park access road is Local Business with an Oil Production Overlay (Cl [O]). In any
district where the district symbol is followed by the letter "O," thus (0), oil drilling and production
of oil, gas, and other hydrocarbon substances is permitted.
With respect to the optional export soil sites and haul road on the Newport Banning Ranch
property, these areas traverse areas both within the City and within the City's Sphere of
Influence. Zoning designations for these areas are as follows:
• City of Newport Beach: The area located within the jurisdictional boundaries of the City
of Newport Beach is zoned "Planned Community District 25" (PC -25).
• County of Orange: R -4(0), Suburban Multi- family residential uses. The letter "O"
identifies that oil drilling and production of oil, gas, and other hydrocarbon substances is
permitted.
• County of Orange: C1(0), Local Business with an Oil Production Overlay.
The entire Project site is within the boundary of the coastal zone as established by the California
Coastal Act, and is therefore under the land use planning and regulatory jurisdiction not only of
local government agencies but also the California Coastal Commission. Site development must
be consistent with the requirements of the Coastal Act. The City's certified Coastal Land Use
Plan (CLUP) designation for that portion of the Project site within the City for park use is Parks
and Recreation; all of the Newport Banning Ranch property is a Deferred Certification Area
(DCA).
C. PROJECT OBJECTIVES
CEQA Guidelines Section 15124(b) indicates that an EIR should include "a statement of
objectives sought by the proposed project." The City of Newport Beach has identified the
following objectives for the Sunset Ridge Park Project:
To implement the goals and policies of the City of Newport Beach General Plan,
including developing Sunset Ridge Park with active and passive park uses;
• To develop a community park consistent with the City's General Plan standards,
including facilities for picnicking, active sports, and other facilities that serve a larger
population;
• To develop an active and passive park to serve the West Newport Beach community;
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• To develop a community park that is easily accessible, via arterial roads, to the public
and is centrally located in the West Newport Beach area;
• To provide additional parkland in the West Newport Beach area, which currently
experiences a parkland deficit; and
• To develop the Project site in conformance with the Deed Restriction, which stipulates
that the property purchased from Caltrans be used as a park.
D. ALTERNATIVES
Alternatives analyzed in the Draft EIR are summarized below.
ALTERNATIVE A: NO DEVELOPMENT /NO DEVELOPMENT ALTERNATIVE
Alternative A assumes existing conditions on the Project site; no development would occur. As
such, the site would remain vacant.
ALTERNATIVE B: ALTERNATIVE SITE
Alternative B involves the development of an active and passive park at another location.
ALTERNATIVE C: PASSIVE PARK ALTERNATIVE
Alternative C assumes that only passive park uses would be developed on the site. Under this
alternative scenario, no playing fields would be constructed. Sunset Ridge Park would be
developed with pedestrian paths, gardens, restroom facilities, and parking. This alternative
would require a zone change from Open Space- Active (OS -A) to Open Space- Passive (OS -P).
ALTERNATIVE D: GRADING /DESIGN ALTERNATIVES
Alternative D addresses both increasing the elevation of the park to minimize the volume of
grading required for Project implementation, and with lowering the elevation of the park to
reduce the visibility of park facilities from adjacent residences to the north. Additionally,
alternative roadway alignments are addressed.
E. SCOPE OF EIR
Through the preparation of the Initial Study using the City of Newport Beach Environmental
Checklist, the City determined that an EIR was required to evaluate the potentially significant
environmental effects of the Sunset Ridge Park Project.
The following summarizes the Initial Study for those topical areas which the City is finding and
determining that impacts from the Project will be less than significant and therefore were not
necessary to address in the EIR.
AESTHETICS: STATE SCENIC HIGHWAYS
Environmental Checklist Question: Would the Project substantially damage scenic resources,
including, but not limited to, trees, rock outcroppings, and historic buildings within a State Scenic
Highway?
The Project area is not adjacent to nor can it be viewed from a designated scenic highway. The
Project site is not visible from a designated State Scenic Highway; therefore, the Project would
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not have an adverse effect on a scenic vista, nor would it damage scenic resources within a
State Scenic Highway. Additionally, the Project site is devoid of rock outcroppings, and there
are no historic buildings on site.
AGRICULTURAL RESOURCES
Environmental Checklist Question: Would the Project result in the conversion of Prime
Farmland, Unique Farmland, or Farmland of Statewide Importance; Agricultural Zoning or a
Williamson Act Contract; and off -site Farmland Conversion?
No portion of the Project site is covered by a Williamson Act Contract or located on land
designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The
site has a General Plan land use designation of Parks and Recreation and Open
Space /Residential Village, and there are no agricultural uses on the site. No impacts to
agricultural resources would result from Project implementation.
AIR QUALITY: ODORS
Environmental Checklist Question: Would the Project result in objectionable odors?
Project construction equipment and activities would generate odors typical of a construction site.
Potential construction odors include diesel exhaust emissions and asphalt from paving
operations. There would be situations where construction activity odors would be noticed by
nearby residents, but these odors would not be unfamiliar or necessarily objectionable.
Additionally, the odors would be temporary and would dissipate rapidly from the source with an
increase in distance. Therefore, the impacts would be short-term, would not likely be
objectionable, and would be less than significant. No barbeque facilities are proposed. However,
should such facilities be provided in the future, these odors would not be objectionable and are
typical to a park or a residential area.
GEOLOGY AND SOILS
Environmental Checklist Question: Would the Project expose people or structures to potential
substantial adverse effects, including the risk of loss, injury, or death involving rupture of a
known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area or based on other substantial evidence of
a known fault?
The Project site is not located within an Alquist - Priolo Earthquake Fault Zone as established by
the State of California, Division of Mines and Geology. The potential for ground fault rupture to
occur on the Project site is remote.
Environmental Checklist Question: Would the Project have soils incapable of adequately
supporting the use of septic tanks or alternative wastewater disposal systems where sewers are
not available for the disposal of wastewater?
The Project would not involve the use of septic tanks or another alternative wastewater disposal
system. The Project would be connected to the municipal sewer lines and wastewater disposal
systems.
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HAZARDS AND HAZARDOUS MATERIALS
Environmental Checklist Question: Would the Project be located within an airport land use plan
or within two miles of an airport, interfere with an adopted emergency response plan or expose
people or structures to threat of wildland fires?
The nearest airport/airstrip is the John Wayne Airport located approximately eight miles
northeast of the Project site. The Project would not impact the airport facilities or their operation.
The City of Newport Beach has an adopted Emergency Management Plan, which details the
responsibilities of federal, State, and local agencies and private organizations in the event of a
disaster (City of Newport Beach General Plan's Safety Element). Implementation of the Project
would not interfere with this Plan. The Sunset Ridge Park site (both within the City and its
Sphere of Influence) is located in an urbanized area and is not identified by the City Fire
Department as being in a Special Fire Protection Area, as defined in the Newport Beach Fire
Code Section 9.04.030 (as adopted). No wildlands are intermixed or are adjacent to the site.
The Project would not result in a significant risk of loss, injury, or death involving wildland fires.
HYDROLOGY AND WATER QUALITY
Environmental Checklist Question: Would the Project substantially deplete groundwater
supplies or interfere substantially with groundwater recharge?
The General Plan's Natural Resources Element identifies that domestic water for the City is
supplied by both groundwater and imported surface water. The analysis in the City's General
Plan assumes that the City would continue to produce groundwater and purchase imported
water from the Metropolitan Water District, which is projected to meet 100 percent of the City's
imported water needs until the year 2030. After that time, improvements associated with the
State Water Project supply, additional local projects, conservation, and additional water
transfers would be needed to adequately provide surface water to the City. The General Plan
assumes the development of the Project site with park uses. Because the increase in
impermeable surfaces would be limited and the Project site is not located over an area used for
groundwater recharge, the Project would not deplete groundwater supplies or interfere
substantially with groundwater recharge.
Environmental Checklist Question: Would the Project place housing within a 100 -year flood
hazard area; place structures within a 100 -year flood hazard area which would impede or
redirect flood flows; expose people or structures to flooding as a result of a levee or dam failure;
and inundation by seiche, tsunami, or mudflow?
The Project site is not located within the 100- and 500 -year flood zones, nor is it in a designated
Special Flood Hazard Area or in Zone VE (coastal flood zone with velocity flood hazard). There
is no existing housing at the park site and housing is not proposed as a part of the Project.
Therefore, Project implementation would not place permanently habitable structures in a
100 -year floodplain. Due to its location, the Project site would not be subject to inundation by a
tsunami even with extreme high tide conditions. The site would also not be subject to inundation
as a result of dam failure since there is no dam in the vicinity of the Project site.
LAND USE AND RELATED PLANNING PROGRAMS
Environmental Checklist Question: Would the Project physically divide an established
community or conflict with Habitat Conservation Plans?
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Residential uses are located directly to the north of the site, east of Superior Avenue, and south
of West Coast Highway. Development of the site as a park would not physically divide an
established community but would instead allow for the implementation of a public park to serve
residents of and visitors to the City.
NOISE
Environmental Checklist Question: Is the Project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of a public airport or public use
airport or a private airstrip, would the Project expose people residing or working in the project
area to excessive noise levels?
The Project site is not located within an adopted Airport Land Use Plan or in the vicinity of a
private airstrip, heliport, or helistop. The nearest airport is John Wayne Airport located
approximately eight miles northeast of the site. The Project site would not be subject to
excessive noise levels related to aircraft or airport operations.
POPULATION AND HOUSING
Environmental Checklist Question: Would the Project induce substantial population growth in an
area, either directly or indirectly, displace substantial numbers of existing housing or displace
substantial numbers of people?
There is no existing housing on the Project site nor is housing proposed as a part of the Project.
The park would serve an identified need for additional parkland in West Newport Beach rather
than induce population growth and /or new development in the City, and is not considered
growth inducing.
PUBLIC SERVICES AND UTILITIES
Environmental Checklist Question: Would the Project result in substantial adverse physical
impacts associated with the provision of new or physically altered governmental facilities, need
for new or physically altered governmental facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable service ratios, response times
or other performance objectives for schools or other public facilities?
The Project would not result in a population increase; therefore, the Project would not impact
school facilities.
Environmental Checklist Question: Is there sufficient permitted landfill capacity? Would the
Project comply with statutes and regulations related to solid waste?
The increase in solid waste disposal resulting from implementation of the Project can be
accommodated within the permitted capacity of the County's landfill system (see Draft EIR,
Arnau 2009; see Initial Study in Appendix A). As reported in December 2008 by the California
Integrated Waste Management Board, the City diverted 60 percent of its waste stream,
exceeding the mandated 50 percent diversion. The City would continue to comply with ongoing
waste management programs.
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RECREATION
Environmental Checklist Question: Would the Project increase the use of existing neighborhood
and regional parks or other recreational facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
The Project would allow for the development of a public park, as designated in the City's
General Plan. The General Plan identifies the fastest growing recreational demand in Newport
Beach is the need for additional sports fields. The Recreation Element states 'There is a future
park site identified in this service area, Sunset Ridge Park which is designated as an active park
to include ball fields, picnic areas, a playground, parking, and restrooms." The City of Newport
Beach General Plan contains goals and policies that include developing Sunset Ridge Park and
an active community park within Newport Banning Ranch with active and passive park uses.
TRANSPORTATION
Environmental Checklist Question: Would the Project change air traffic patterns?
The Project site is not located within an adopted Airport Land Use Plan or in the vicinity of a
private airstrip, heliport, or helistop. The nearest airport is John Wayne Airport located
approximately eight miles northeast of the site. The Project does not include any uses that
would change air traffic patterns or locations and that would increase the amount of air traffic.
No airports are located within the immediate Project area, and no tall structures are planned as
a part of the park.
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III. GENERAL FINDINGS
The City hereby finds as follows:
• The City is the "Lead Agency" for the Project evaluated in the EIR;
• The EIR was prepared in compliance with CEQA and the CEQA Guidelines;
• The City has independently reviewed and analyzed the EIR, and these documents reflect
the independent judgment of the City;
• A Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the
Project, which the City has made a condition of approval of the Project. The MMRP is
incorporated herein by reference and is considered part of the record of proceedings for
the Project;
• The MMRP designates responsibility and anticipated timing for the implementation of
mitigation. The City will serve as the MMRP Coordinator;
• In determining whether the Project has a significant impact on the environment, and in
adopting these Findings of Fact pursuant to Section 21081 of CEQA, the City has
complied with CEQA Sections 21081.5 and 21082.2;
• The impacts of the Project have been analyzed to the extent feasible at the time of
certification of the EIR;
• The City reviewed the comments received on the Draft EIR and the responses thereto and
has determined that neither the comments received nor the responses to such comments
add significant new information regarding environmental impacts to the EIR that would
require recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5. The
City has based its actions on full appraisal of all viewpoints, including all comments
received up to the date of adoption of these Findings of Fact, concerning the
environmental impacts identified and analyzed in the EIR;
• The responses to the comments on the EIR, which are contained in the Final EIR, clarify
and amplify the analysis in the EIR;
• Having reviewed the information contained in the EIR and the record of proceedings, as
well as the requirements of CEQA and the CEQA Guidelines regarding recirculation of
Draft EIRs, and having analyzed the changes in the EIR which have occurred since the
close of its public review period, the City finds that there is no new significant information
in the EIR and finds that recirculation is not required pursuant to CEQA Guidelines Section
15088.5;
• The City has made no decisions that constitute an irretrievable commitment of resources
toward the Project prior to certification of the EIR, nor has the City previously committed to
a definite course of action with respect to the Project;
• Copies of all the documents incorporated by reference in the EIR are and have been
available upon request at all times at the offices of the City, custodian of record for such
documents or other materials; and
• Having received, reviewed, and considered all information and documents in the record,
the City hereby conditions the Project and finds as stated in these Findings of Fact.
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IV. FINDINGS OF FACT IN SUPPORT OF FINDINGS
FOR SIGNIFICANT ENVIRONMENTAL EFFECTS
A. ENVIRONMENTAL IMPACTS DETERMINED TO BE INSIGNIFICANT, LESS THAN
SIGNIFICANT, OR LESS THAN SIGNIFICANT WITH MITIGATION
The potentially significant impacts identified in the EIR that can be mitigated to less than
significant levels through the implementation of project design features, standard conditions,
and /or mitigation measures are set forth in this section. This section also sets forth the City's
findings with respect to each of the significant impacts, the facts in support of those findings,
and those changes and alterations that have been made to the Project to reduce or eliminate
potentially significant effects to less than significant levels. The summary of the environmental
effects found to be less than significant is based on the environmental analysis provided in the
Final EIR.
LAND USE AND RELATED PLANNING PROGRAMS
Imoact No. 1: Land Use Compatibility with Surrounding Off -site Land Uses
As set forth in Section 4.1 of the EIR, Project implementation would be compatible and
consistent with existing and proposed land uses in the vicinity of the Project site and therefore
would not have a significant land use compatibility impact.
Finding
Although no significant land use compatibility impacts with land uses to the north, south, and
east have been identified for the Sunset Ridge Park Project, the Mitigation Program identified in
the EIR would continue to be carried out with the implementation of the Sunset Ridge Park
Project.
Facts in Support of Finding
Section 4.1 of the EIR assessed compatibility of the Project with land uses to the north, south,
east, and west. Land uses to the north of the park site include the Newport Crest Condominium
development and portions of the 401 -acre Newport Banning Ranch property. Residents with
units facing the Project site would view park uses rather than an undeveloped parcel. While the
park would be contiguous to the existing residential development, a landscaped buffer would be
provided on the park between the residences and the active park uses. The buffer would vary in
height and would vary in width from approximately 60 feet to 80 feet. All active park uses would
be sited south of the buffer. Park uses would range in distance from approximately 105 feet
(pedestrian walkway) to 133 feet (north soccer field) to 156 feet (baseball field) from the existing
residences. At its closest point, the access road into the park would be approximately 82 feet
from the nearest condominium unit; the parking lot would be approximately 134 feet from the
nearest unit. The baseball field backstop and associated safety fencing (approximately 25 feet
high or 67 feet above msl); would be below the height of the top of adjacent second story
condominium balcony walls (first living space level) (approximately 68 feet above msl). The
anticipated noise from vehicular traffic and activities at the Project site would be less than
significant. Therefore, the Project is considered compatible with land uses to the north of the
site.
To the south, the Project site is adjacent to West Coast Highway, a six -lane divided highway.
The residences located on the southern side of West Coast Highway are approximately 120 to
130 feet south of the roadway centerline; a 6- foot -high block wall separates residences from
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West Coast Highway providing both noise reduction and visual separation. No land use
compatibility impacts are expected between the park and these existing land uses. To the east,
the Project site is contiguous to Superior Avenue, a four -lane, divided roadway; the Villa Balboa
Condominiums and Sunset View Park are to the east and northeast of Superior Avenue. Sunset
Ridge Park would be separated from the existing residential uses and Sunset View Park by
Superior Avenue. The Project is considered compatible with land uses east of the site.
To the west, the Project site is contiguous to Newport Banning Ranch, an existing oil field since
the early 1940s. The Newport Banning Ranch property is proposed for development with up to
1,375 residential dwelling units (du), 75,000 square feet (sf) of commercial uses, and a 75 -room
hotel; no actions have been taken by the City regarding this proposal. Approximately 45 acres of
the Newport Banning Ranch property are proposed for park uses; approximately 249 acres
(approximately 62 percent) of the site are proposed for natural resources protection in the form
of open space, third -party habitat restoration; and 20 acres for the consolidation of oil facility
operations.
The City of Newport Beach General Plan's Circulation Element and the Orange County MPAH
depict a future north -south roadway through the Newport Banning Ranch property from West
Coast Highway to 19th Street. The park access road would be constructed on the Newport
Banning Ranch property and would generally follow the alignment identified in the City's
General Plan Master Plan of Streets and Highways and the Orange County MPAH.
Existing oil field operations and undeveloped open space would not be adversely affected by
the implementation of Sunset Ridge Park. The park is considered a compatible land use with
the existing land uses to the west. The Newport Banning Ranch project proposes a roadway
with a resort hotel and residential development west of the access road and Sunset Ridge Park.
A park and open space are proposed east of the access road and Sunset Ridge Park. Sunset
Ridge Park is considered compatible with these potential future land uses.
Impact No. 2: Consistency with Applicable Land Use Policies
The Sunset Ridge Park Project is consistent with the City's General Plan and is compatible with
applicable plans and policies.
Finding
Because the Project would not conflict with applicable land use goals and policies from the City
of Newport Beach General Plan and the City of Newport Beach Local Coastal Program Land
Use Plan, as well as other applicable land use policies addressed in the EIR, City finds and
determines that there are no significant land use policy impacts associated with the Project.
Facts in Support of Finding
Section 4.1 of the EIR assessed the compatibility of the Project with applicable goals and
policies from the City of Newport Beach General Plan, the City of Newport Beach Local Coastal
Program (CLUP) Land Use Plan, and the California Coastal Act. The Project is consistent with
the General Plan, zoning, CLUP designations for the site.
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AESTHETICS
Impact No. 3: Scenic Vista
The Sunset Ridge Park Project would not have a substantial adverse effect on a scenic vista
Finding
The City finds and determines that implementation of the Project would not have a substantial
adverse effect on a scenic vista; therefore, the Project's impact would be less than significant.
Facts in Support of Finding
Superior Avenue from Hospital Road to Coast Highway is designated as a Coastal View Road
in the General Plan's Natural Resources Element which requires the protection and
enhancement of public view corridors. As set forth in Section 4.2 of the EIR, development of the
Project would alter existing views along Superior Avenue. However, the change would be
minimal, and ocean views would be maintained. The slope along Superior Avenue would be
retained at an approximate height of 80 feet above msl. This slope would be landscaped with
trees, shrubs, and groundcover of varying heights. The landscape plan has been designed to
enhance the view of the Project site from this public view corridor consistent with the General
Plan Natural Resources Element Policy 20.4 which states that "design and site new
development, including landscaping, on the edges of public view corridors, including those down
public streets, to frame, accent, and minimize impacts to public views ".
The Project site includes a designated Public View Point and a 197,720 square -foot (sf) scenic
easement imposed by Caltrans as a term of the sale of the property to the City. No new
permanent structures or pavement would be located within the Caltrans scenic easement. The
Public View Point area would contain an overlook with seating and shade structure. Consistent
with the General Plan Natural Resources Element Policy 20.5, the Project would provide public
access and public viewing opportunities within the public view corridor.
Impact No. 4: Visual Character
Implementation of the Sunset Ridge Park would alter the existing visual character and use of
the Project site, and the views from the surrounding land uses would be changed. The Project
would introduce park uses on the site where it is now vacant and undeveloped.
Finding
The City finds and determines that the Project would not significantly degrade the visual
character of the site or surrounding areas, nor would it impede views of or from the Project site.
The Project's impact would be less than significant.
Facts in Support of Finding
The Project site does not contain significant landforms or coastal bluffs. The site has been
subject to prior modification through grading for past Caltrans' road projects. The on -site
landforms neither are natural topographical features nor are they coastal bluffs. As a part of the
Project, the topography of the site would be modified through grading and development of the
site for the park and the associated access road. The design of Sunset Ridge Park has taken
into account the topography of the site to the degree feasible while balancing the need to flatten
areas for recreational uses; this would minimize grading and the export of cut material from the
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site, provide public views from the site, and minimize biological and topographical modifications.
The slopes around the perimeter of the property would also be graded and vegetated to appear
as natural as possible.
Impact No. 5: Light and Glare
Project lighting would be limited to lighting for public safety only. The sports fields would not
have lighting. The Project would not result in significant new sources of light or glare.
Finding
The City finds and determines that the Project would not create a new source of substantial light
or glare that would adversely affect day or nighttime views in the area. Changes or alterations
have been required in, or incorporated into, the project which avoid or substantially lessen the
significant environmental effect as identified in Section 4.2 of the EIR.
Facts in Support of Finding
The Project site is located in an area that is already subject to nighttime lighting from existing
surrounding uses. The park will have no night lighting. Project lighting would be limited to
lighting for public safety along the pedestrian pathways and in the parking lot, and on the
restroom /maintenance equipment structure. Lighting would consist of low- profile bollard security
lighting of 50 watts or less that are approximately 36 inches in height along the pedestrian paths
and at the perimeter paths for pedestrian safety. Low - profile security lighting fixtures would also
be located around the perimeter of the restroom structure. All lighting fixtures would be
appropriately shielded to minimize light and glare from spilling on adjacent properties. The
lighting fixtures would be similar to lighting fixtures in other City parks such as Castaways Park,
San Miguel, and Bonita Creek Sports Park, which have not caused an impact to the surrounding
community.
No lighting is proposed along the north -south leg of the park access road. Additionally, a three -
way traffic signal on West Coast Highway is proposed at the park access road. This new lighting
would be similar to existing lighting standards currently in the Project vicinity along West Coast
Highway. The Project would not involve use of building materials that could cause a glare effect.
The significant effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
Mitigation Program
Project Design Feature
PDF 4.2 -1 All outdoor lighting would be appropriately shielded and oriented in order to
prevent light spillage on adjacent, off -site land uses. Outdoor lighting
associated with the restroom facilities and parking lot shall not adversely
impact residential land uses to the north, but shall provide sufficient illumination
for access and security purposes.
Standard Conditions of Approval
SC 4.2 -1 The site shall not be excessively illuminated. The Public Works Director and /or
Planning Director may order the dimming of light sources or other remediation
upon finding that the site is excessively illuminated.
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SC 4.2 -2 Prior to the opening of the Project to the public, the City shall prepare a
photometric study in conjunction with a final lighting plan for approval by the
Public Works Director and /or Planning Director. The survey shall show that
lighting values are 1" or less at all property lines.
Impact No. 6: Consistency with Applicable Aesthetics Policies
The Project would not result in a significant visual impact and would be consistent with the
character and visual scale of the site and was found compatible with relevant goals and policies
assessed in the EIR.
Finding
The City finds and determines that implementation of the Project will have no aesthetics policy
impacts.
Facts in Support of Finding
As further set forth in Section 4.3 of the EIR, the aesthetics analysis contained in the EIR
addressed the Project's compatibility with the applicable goals and policies of the City's General
Plan and Local Coastal Program. The Project is compatible with relevant aesthetics goals and
policies. For the visual evaluation, a consideration was made regarding whether the introduction
of park uses would be inconsistent with the visual character of the site. The current character of
the site is of a vacant parcel which has been subject to prior modification associated with
grading for previous roadway projects. Therefore, the Project would not substantially change the
character of the site. Although no aesthetics policy impacts have been identified, the aesthetics
Mitigation Program identified Section 4.2 of the EIR and discussed above under Impact No. 5
would be applicable to the Project.
TRANSPORTATION AND CIRCULATION
Impact No. 7: Traffic Generation and Levels of Service
The City finds and determines that the Project would not result in a 0.01 or greater increase in
intersection capacity utilization (i.e., the volume -to- capacity threshold of significance for
intersections) at the intersection of West Coast Highway at Newport Boulevard, which is
projected to exceed level of service (LOS) standards. All other traffic study intersections would
continue to operate at acceptable levels of service. Therefore, the Project is not expected to
cause an increase in traffic which is substantial in relation to the existing and future traffic load
and capacity of the street system. The City finds and determines that based on the significance
criteria for Congestion Management Program (CMP) intersections, the Project would not
significantly impact intersections within the traffic study area as the level of service would be
considered acceptable with implementation of the Project.
Finding
The City finds and determines that implementation of the Project will not result in significant
project - related or cumulative impacts to the intersections or streets in the surrounding area.
Facts in Support of Finding
Sunset Ridge Park is estimated to generate 173 daily trips with 2 AM peak hour trips and 42 PM
peak hour trips. Based on the Traffic Impact Analysis prepared for the Draft EIR, with the
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addition of Project traffic to existing conditions, all traffic in the study area intersections would
continue to operate at acceptable levels of service. Under Year 2013 with Project scenario, with
the addition of Project traffic, the intersection of West Coast Highway and Newport Boulevard is
forecasted to continue to operate at LOS E in the AM peak hour. Based on the significance
criteria set forth by the City of Newport Beach (the ICU increase attributable to the project is
0.01 or greater at an intersection already operating at an unacceptable level of service), the
Project would not significantly impact this intersection. All other traffic study intersections are
forecasted to operate at acceptable levels of services in the AM and PM peak hours.
Impact No. 8: Construction - Related Traffic
Temporary delays in traffic would be considered less than significant.
Finding
The City finds and determines that the construction of the Project is planned to occur in a single
construction phase lasting between 16 and 18 months. Temporary delays in traffic may occur
due to oversized vehicles traveling at lower speeds on West Coast Highway. Such delays would
be occasional, and of short duration. These temporary delays would be considered less than
significant.
Facts in Support of Finding
Construction activities would include site clearing, grading and excavation, and construction
(park and access road). Large construction equipment such as bulldozers, loaders, scrapers,
and pavers is generally brought to the site at the start of the construction phase and kept on site
until its term of use ends. A staging area would be designated on -site to store construction
equipment and supplies during construction. Parking for workers would be provided on site
during all phases of construction. Construction workers would not be allowed to park on local
streets.
The Project is expected to require approximately 2,125 truckloads of dirt removal. The export
dirt would either go to the adjacent Newport Banning Ranch property for stockpile or to another
off -site location such as the Bowerman Landfill. Construction - related traffic would use the
existing regional and local road network and would most likely access the Project site primarily
from West Coast Highway and Superior Avenue, as well as through the Newport Banning
Ranch property. Temporary delays in traffic may occur due to oversized vehicles traveling at
lower speeds on West Coast Highway. Such delays would be occasional, and of short duration.
No vehicles would be permitted to stage on West Coast Highway.
The significant effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
Mitigation Program
Standard Conditions of Approval
SC 4.3 -2 Traffic control and truck route plans shall be reviewed and approved by the
Public Works Department before their implementation. Large construction
vehicles shall not be permitted to travel narrow streets as determined by the
Public Works Department. Disruption caused by construction work along
roadways and by movement of construction vehicles shall be minimized by
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proper use of traffic control equipment and flag persons. Construction workers
shall be required to park on the Project site.
Mitigation Measures
MM 4.3 -1 The Project Manager shall provide advanced written notice of temporary traffic
disruptions to the affected area's businesses and the general public. This
notice shall be provided at least two weeks prior to disruptions.
MM 4.3 -2 The Project Manager shall ensure that construction activities requiring more
than 16 truck (i.e., multiple axle vehicle) trips per hour, such as excavation and
concrete pours, shall be limited between June 1 and September 1 to avoid
traffic conflicts with beach and tourist traffic. At all other times, such activities
shall be limited to 25 truck (i.e., multiple axle vehicle) trips per hour unless
otherwise approved by the City's Traffic Engineer. Haul operations shall be
monitored by the Public Works Department, and additional restrictions may be
applied if traffic congestion problems arise.
Impact No. 9: Traffic Hazards and Emeraencv Access
The Sunset Ridge Park Project would not substantially increase hazards due to a design feature
or incompatible uses, or result in inadequate emergency access.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the EIR. The City finds
and determines that with the mitigation measures identified in EIR, implementation of the
Project will not result in any significant adverse impacts on emergency response or evacuation
plans. The measures will substantially mitigate or avoid potential significant impacts as
described in detail in Section 4.3 of the EIR, such that no significant adverse impacts will remain
after implementation of the Mitigation Program.
Facts in Support of Finding
With regard to on -site circulation and the potential to impact emergency response or evacuation
plans, as further set forth in Section 4.3 of the Draft EIR, the analysis of the forecasted traffic
volumes indicates that roadways in the traffic study area would not be significantly impacted by
the Project. Access to the Sunset Ridge Park site is planned via a park access road that would
be constructed from West Coast Highway through the adjacent Newport Banning Ranch
property. The City is proposing a signal at the park access road and West Coast Highway
intersection. Because West Coast Highway is a State facility, Caltrans approval would be
required for the widening and signalization. The access road would intersect West Coast
Highway approximately 980 feet west of Superior Avenue. The road would extend northward
from West Coast Highway for about 850 feet, and then would follow a northwest -to- southeast
alignment for about 550 feet to connect to the park parking lot.
The significant effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
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Mitigation Program
Standard Conditions of Approval
SC 4.3 -1 Sight distance at the Project's access point shall comply with City of Newport
Beach standards.
Mitigation Measures
MM 4.3 -3 Prior to the start of grading, emergency fire access to the site shall be
approved by the City Public Works Department and the Fire Department.
MM 4.3 -4 Prior to the start of grading, the Project Manager shall demonstrate to the City
Fire Department that all existing and new access roads surrounding the Project
site shall be designated as fire lanes, and no parking shall be permitted unless
the accessway meets minimum width requirements of the Public Works and
Fire Departments. Parallel parking on one side may be permitted if the road is
a minimum 32 feet in width.
Impact No. 10: On -Site Parkin
The Sunset Ridge Park Project would provide adequate parking to serve the active and passive
uses at the park. No significant parking impacts are attributable to the Project.
Finding
The City finds and determines that the park would provide adequate parking. No significant
parking impacts are attributable to the Project.
Facts in Support of Finding
As identified According to Section 4.3 of the Draft EIR, all parking for the park would be
provided on the site. As a part of the Project, a surface parking lot with 75 parking spaces and
22 parallel parking spaces along the park access road near the parking lot (for a total of 97
parking spaces) would be provided. The City's Zoning Code (Chapter 20.66.030 Off - Street
Parking and Loading Spaces Required) does not specify a parking rate for city parks, but rather
indicates that the parking requirement for Park and Recreation Facilities would be "As specified
by Use Permit ". The ITE's Parking Generation document contains parking information for a City
Park (Land Use Category 411). If the peak parking rate reported in the ITE Parking Generation
document is applied to the Sunset Ridge Park Project (5 parking spaces per acre), the parking
requirement would be 96 spaces. Therefore, the Project would provide adequate parking.
Impact No. 11: Consistency with Applicable Transportation Policies
The Sunset Ridge Park Project would not conflict with any goals or policies of the City of
Newport Beach General Plan, CLUP, or California Coastal Act.
Finding
The City finds and concludes that the Project would not conflict with any goals or policies of the
City of Newport Beach General Plan, CLUP, or California Coastal Act. The EIR concluded that
the Project would not conflict with applicable goals or policies, but would instead be compatible
with transportation goals and policies.
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Facts in Support of Finding
Tables 4.1 -2 through 4.2 -4 of the EIR addressed the Project's consistency with applicable
transportation - related goals and policies of the General Plan, CLUP, and California Coastal Act,
respectively. Due in part to traffic analysis and the traffic- related mitigation measures discussed
above in relation to Impacts No. 8 and 9, the EIR concluded that the Project would not conflict
with applicable goals or policies, but would instead be compatible with transportation goals and
policies.
AIR QUALITY AND CLIMATE CHANGE
The Project is consistent with the Air Quality Management Plan (AQMP) assumptions. The
Sunset Ridge Park Project would not conflict with or obstruct implementation of the applicable
air quality plan. The Project is also consistent with relevant air quality goals and policies set
forth in the City of Newport Beach General Plan and CLUP.
Finding
The City finds and determines that the Project would not conflict with or obstruct with
implementation of the applicable air quality plan.
Facts in Support of Finding
Section 4.1 assessed the compatibility of the Project with applicable air quality goals, and
Section 4.3 of the EIR assessed the compatibility of the Project with applicable air quality plans.
Regional plans that apply to the Project include the Air Quality Management Plan (AQMP). The
purpose of the consistency analysis is to identify whether the Project would interfere with the
region's ability to comply with federal and State air quality standards. Implementation of the
Project would not affect existing air quality violations or result in new violations, nor would it
exceed assumptions in the AQMP which are based on the General Plan land use plan.
Therefore, the Project would not conflict with or obstruct implementation of the applicable air
quality plan and a less than significant impact would occur.
The two principal criteria for conformance to the AQMP are (1) whether a project will not result
in an increase in the frequency or severity of existing air quality violations, cause or contribute to
new violations, or delay timely attainment of air quality standards and (2) whether a project will
exceed the assumptions in the AQMP. The analysis in Section 4.3 of the EIR demonstrates that
the Project would not result in an increase in the frequency or severity of existing air quality
violations, cause or contribute to new violations, or delay timely attainment of air quality
standards. With respect to the second criterion, the Project is consistent with the General Plan
land use designations for the Project. The park access road is permitted by the General Plan
designation and would be constructed in the general location shown on the City's General Plan
Circulation Element Master Plan of Streets and Highways and the Orange County Master Plan
of Arterial Highways (MPAH). The AQMP assumptions for mobile source emissions are based
on assumed trip generation and trip distances, which are, in turn, based on proposed uses in
general plans. Therefore, the Project is consistent with the assumptions used in the AQMP.
The EIR analysis of Project consistency with applicable General Plan goals and policies also
found the Project compatible with relevant air quality goals and policies through compliance
SCAQMD Rule 403 to reduce construction -phase emissions.
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Impact No. 13: Air Qualitv Standards and Criteria Pollutants: Lonq -Term Operations
The Sunset Ridge Park Project would not violate any air quality standard or contribute
substantially to an existing or projected air quality violation for long -term operation of the site.
The Project would not cumulatively contribute to a significant increase in criteria pollutants.
Finding
The region is a nonattainment area for PM10, PM2.5, and the ozone precursors VOC and NOx.
The City finds and determines that long -term operational emissions would be less than the
SCAQMD thresholds.
Facts in Support of Finding
As set forth in Section 4.4 of the EIR, the Project's daily maximum operational emissions would
be less than the SCAQMD CEQA thresholds. Mobile source emissions for the Project were
calculated using the URBEMIS model and assume an estimated 173 vehicle trips per day
during Project operation. The principal area source emissions would be the exhaust from
gasoline - powered landscape maintenance equipment. Project would not have the potential to
violate any air quality standard or contribute substantially to an existing or projected air quality
violation associated with long -term operational emissions. Long -term emissions of
nonattainment pollutants would be less than six percent of the SCAQMD thresholds. These
quantities are not of a magnitude to be cumulatively considerable. The Project would have a
less than significant cumulative contribution to an increase in PM10, PM2.5, VOC, and NOx.
Impact No. 14: GHG Emissions
The Sunset Ridge Park Project would not impede achievement of the State's mandatory
requirement under AB 32 to reduce statewide GHG emissions to 1990 levels by 2020.
Finding
The City finds and determines that impacts related to GHG emission would be less than
significant with the incorporation of project design features (PDFs).
Facts in Support of Finding
As set forth in Section 4.4 of the EIR, the estimated total Project GHG emissions would be less
than the screening level interim threshold established by the City of Newport Beach; therefore,
impacts related to GHG emissions and global climate change would be less than significant.
The following Mitigation Program is applicable to the Project to further reduce GHG emissions.
Mitigation Program
Project Design Features
PDF 4.4 -1 Water - efficient irrigation systems and devices, such as soil moisture -based
irrigation controls, shall be installed throughout the Project site.
PDF 4.4 -2 The Project shall be designed to be water - efficient. Water- efficient fixtures and
appliances shall be installed in the restrooms.
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PDF 4.4 -3 Watering methods shall be restricted (e.g., systems that apply water to
non - vegetated surfaces shall be prohibited) and runoff shall be controlled in
accordance with City of Newport Beach Best Management Practices.
PDF 4.4 -4 Low - impact development (LID) practices that maintain the existing hydrologic
character of the site shall be implemented to manage storm water and to
protect the environment. (Retaining storm water runoff on site can drastically
reduce the need for energy- intensive imported water at the site.) Please refer
to Section 4.10, Hydrology and Water Quality, of this EIR which addresses the
Project features.
PDF 4.4 -5 The City of Newport Beach Water Conservation Ordinance, Section 14.16 of
the Municipal Code shall be applicable to the Park. The ordinance includes but
is not limited to the LID practices of PDF 4.4 -5 and a requirement for an
approved water use plan to be prepared and implemented.
PDF 4.4 -6 Approximately 130 to 140 trees shall be planted where there are now no
existing trees, thus increasing GHG sequestration.
NOISE
Impact No. 15: Lona -term Onerational Noise
The Sunset Ridge Park Project would not result in a significant noise levels associated with
activities on the Project site.
Finding
While park activities would generate perceptible noise increases, noise levels would be below
the City of Newport Beach 55 dB Leq daytime noise standard.
Facts in Support of Finding
As set forth in Section 4.5 of the EIR, park activities would generate perceptible noise increases
to some noise- sensitive persons; however, the noise levels would be below the City of Newport
Beach 55 dB Leq daytime noise standard. The park would not have sports field nighttime lighting
so all organized recreational activities would occur during the daytime. There would be no
exposure of persons to or generation of noise levels in excess of the applicable standards, nor
would there be a substantial increase in permanent noise levels.
Impact No. 16: Vehicular Noise
Implementation of the Project would not result in a Project- specific or contribute to a significant
cumulative traffic noise impact.
Finding
The City finds and determines that implementation of the Project would not result in a Project -
specific or contribute to a cumulative traffic noise increase along a roadway segment that is
adjacent to a noise sensitive land use; no mitigation is required.
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Facts in Support of Finding
As further set forth in Section 4.5 of the EIR, the Project is expected to generate approximately
42 week day PM peak hour trips and 99 Saturday peak hour trips. Project - related traffic would
add, on average, approximately 1 car every 36 seconds on the park access road, which is 70
feet from the nearest sensitive receptor. Due to low traffic volumes and speeds, the noise
impacts from Project - related traffic would be less than significant. Project - related traffic would
add less than 2 percent of existing traffic to the study area roadway system. An increase of less
than 2 percent in traffic would generate a traffic noise increase of less than 0.1 dB, which would
not be perceptible. Therefore, the Project's contribution to cumulative traffic noise on the
roadway system would be less than significant.
Impact No. 17: Groundborne Vibration
The Sunset Ridge Park Project would not expose people to or generate excessive groundborne
vibration or groundborne noise levels.
Finding
The City finds and determines that potential vibration impacts would be less than significant.
Facts in Support of Finding
As set forth in Section 4.5 of the EIR, vibration may be noticeable for short periods during
construction, but it would be temporary and periodic and would not be excessive. As vibration
levels would drop rapidly with distance, construction vibration levels would be well below the
threshold for structural damage. The vibration data and vibration propagation calculations
indicate that construction equipment vibration levels would be below the level of distinct
perceptibility when heavy construction equipment is operating at distances over 15 feet from the
Project site boundary. Vibration would not be a significant impact.
Impact No. 18: Consistency with Applicable Noise Policies
The Project would be considered compatible with the relevant goals and polices related to noise
due to the compliance with the City's Noise Ordinance for construction and long -term use of the
site as a public park.
Finding
The City finds and determines that the Project is consistent with noise policies and goals will be
less than significant with mitigation. The Mitigation Program would mitigate or avoid potential
significant policy - related impacts described in detail in the Final EIR. While there would be a
significant noise increase associated with grading and construction activities, this noise would
cease upon completion of Project construction.
Facts in Support of Finding
As further set forth in Section 4.5 of the EIR, the noise analysis addressed the Project's noise
compatibility with the City's Noise Ordinance and General Plan Noise Element. Noise generated
at the Project site would be governed by the City's Noise Ordinance.
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BIOLOGICAL RESOURCES
Imoact No. 19: Special Status Plant Species
The Sunset Ridge Park Project would not have a substantial adverse effect on special status
plant species.
Finding
The City finds and determines that the Project would not have a substantial adverse effect on
any special status plant species. Impacts on this species would be considered adverse but less
than significant due to the low status of this species and the relative abundance throughout its
range.
Facts in Support of Finding
As set forth in Section 4.6 of the EIR, implementation of the Project could potentially result in
impacts on special status plant and wildlife species if they occur on the Project site. Potential
impacts on these species were evaluated by determining the impacts on habitat that the species
is known or expected to occupy and their known or expected occurrence based on the results of
focused survey efforts. Focused surveys for special status plant species were conducted in
spring /summer 2009. California boxthorn, a California Native Plant Society (CNPS) List 4.2
species, was the only special status plant species found on the Project site. This species was
observed in the southern coastal bluff scrub located in the central, preserved portion of the
Project site. Impacts on CNPS List 4 (a watch list) species are considered less than significant
and no mitigation is required. In addition, the majority of the southern coastal bluff scrub (the
vegetation type this species was found in) would not be impacted by the Project.
Impact No. 20: Foraging Habitat and Nesting Birds
The Sunset Ridge Park Project would result in the loss of suitable foraging habitat for a variety
of raptor species including Cooper's hawk, sharp- shinned hawk, ferruginous hawk, northern
harrier, white - tailed kite, merlin, prairie falcon, American peregrine falcon, short-eared owl, and
long -eared owl. Impacts on foraging habitat for these species would be considered adverse, but
would not be expected to appreciably affect the overall population of these species given the
amount of potentially suitable foraging habitat in the immediate vicinity. Therefore, impacts on
these species would be considered adverse, but less than significant. The burrowing owl is not
expected to occur on the Project site because it was not observed during focused surveys.
However, limited suitable habitat for this species occurs on the Project site, and this species
may occur occasionally as a migrant or rare winter visitor. If this species returns to the site,
impacts on burrowing owls would be considered significant because the loss of a
wintering /migrant population in the coastal area of Orange County would substantially affect the
local population.
Finding
The City finds and determines that the Project would not have a substantial adverse effect on
foraging and nesting habitat. The minor loss of potential foraging habitat for these species is not
considered significant because the loss would not substantially affect these species.
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Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
Mitigation Program
Mitigation Measures
MM 4.6 -1 Project - related activities likely to have the potential to disturb suitable bird
nesting habitat shall be prohibited from February 15 through August 31, unless
a Project Biologist acceptable to the City of Newport Beach surveys the Project
area prior to disturbance to confirm the absence of active nests. Disturbance
shall be defined as any activity that physically removes and /or damages
vegetation or habitat or any action that may cause disruption of nesting
behavior such as loud noise from equipment and /or artificial night fighting.
Surveys shall be conducted weekly, beginning no earlier than 30 days and
ending no later than 3 days prior to the commencement of disturbance. If an
active nest is discovered, disturbance within a particular buffer shall be
prohibited until nesting is complete; the buffer distance shall be determined by
the Biologist in consideration of species sensitivity and existing nest site
conditions. Limits of avoidance shall be demarcated with flagging or fencing.
The Biologist shall record the results of the recommended protective measures
described above and shall submit a memo summarizing any nest avoidance
measures to the City of Newport Beach to document compliance with
applicable State and federal laws pertaining to the protection of native birds.
Similarly, for preserved vegetation that occurs within 50 to 100 feet of
construction activities, if construction is occurring during the nesting season,
preserved vegetation shall be surveyed for the presence of nesting birds.
MM 4.6 -2 To the maximum extent practicable, habitats that provide potential nest sites for
raptors /burrowing owls shall be removed from September 1 through January
31. If Project construction activities are initiated during the raptor /burrowing owl
nesting season (February 1 to August 31), a nesting raptor /burrow survey shall
be conducted. Seven days prior to the onset of construction activities, a
qualified Biologist shall survey within the limits of Project disturbance area for
the presence of any active raptor nests /burrows (common or special status).
Any nest /burrow found during survey efforts shall be mapped on the
construction plans. If no active nests /burrows are found, no further mitigation
would be required, and survey results shall be provided to the CDFG.
If nesting activity is present, the active site shall be protected until nesting
activity has ended to ensure compliance with Section 3503.5 of the California
Fish and Game Code. To protect any nest/burrow site, the following restrictions
on construction are required between February 1 and August 31 (or until
nests /burrows are no longer active, as determined by a qualified Biologist): (1)
Clearing limits shall be established a minimum of 300 feet in any direction from
any occupied nest/burrow and (2) access and surveying shall be restricted
within 200 feet of any occupied nest/burrow. Any encroachment into the 300 -
and/or 200 -foot buffer area(s) around the known nest/burrow shall only be
allowed if a qualified Biologist determines that the proposed activity shall not
disturb the nest occupants. During the non - nesting season, proposed work
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activities can occur only if a qualified Biologist has determined that fledglings
have left the nest/burrow.
If an active nest/burrow is observed during the non - nesting season, a qualified
Biologist shall monitor the nest site; when the raptor /owl is away from the nest,
the Biologist shall flush any raptors to open space areas or exclude the owl
from the burrow and then remove the burrow so the owl cannot return.
Imoact No. 21: Habitat and Wildlife Loss
Project implementation would result in the loss of native and non - native habitats that provide
nesting, foraging, roosting, and denning opportunities for a variety of wildlife species.
Finding
The City finds and determines that the Project would have a significant impact on sage scrub
vegetation due to the ongoing loss of this vegetation type in Southern California. Changes or
alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the final EIR. 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.
Facts in Support of Finding
As set forth in Section 4.6 of the EIR, the Project would impact approximately 25.34 acres of
native and non - native vegetation types and other areas. A total of 0.67 acre of coastal sage
scrub (i.e., southern coastal bluff scrub [0.14 acre] and Encelia scrub [0.53 acre]) and 0.06 acre
of riparian vegetation (i.e., the area mapped as willow scrub) types would be removed. Impacts
on sage scrub vegetation types are significant due to the ongoing loss of this vegetation type in
Southern California and the potential for this habitat to support special status species. Impacts
on riparian vegetation types would also be considered significant due to the limited distribution
of these vegetation types in California.
One territory of the federally Threatened coastal California gnatcatcher was observed during the
2009 focused surveys. The Project is expected to impact southern coastal bluff scrub, disturbed
mule fat scrub /goldenbush scrub, and 0.06 acre willow scrub, the habitat for this species. The
Encelia scrub, Encelia scrub /ornamental, and disturbed Encelia scrub on the Project site would
not be considered used by the gnatcatcher due to the periodic mowing and traffic /pedestrian
edge effects in this area. Although this species is covered by the NCCP /HCP, the Project site is
located within an Existing Use Area, and the NCCP /HCP does not authorize Incidental Take as
a result of the conversion of coastal California gnatcatcher- occupied habitat in Existing Use
Areas.
The significant effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
Mitigation Program
Mitigation Measures
Please refer to MM 4.6 -1 and 4.6 -2, and the following measures.
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MM 4.6 -3 The NCCP /HCP does not authorize Incidental Take resulting from the
conversion of habitat occupied by coastal California gnatcatchers in Existing
Use Areas. Consistent with FESA processes, the City has two options to
mitigate for the impacts to the coastal California gnatcatcher:
a. On -site avoidance of habitat that would constitute Incidental Take of
gnatcatcher habitat or
b. Mitigation of Incidental Take through a Section 7 or Section 10 process.
In addition, the following construction - related minimization measures shall be
required:
1. All activities involving the removal of gnatcatcher /coastal sage scrub habitat
shall be prohibited during the breeding and nesting season (February 15 to
July 15) unless otherwise directed by the USFWS.
The use of any large construction equipment during site grading shall be
prohibited within 200 feet of an active gnatcatcher nest during the breeding
and nesting season of these species (February 15 to July 15) unless
otherwise directed by the USFWS.
3. All areas containing habitat suitable for occupation by the gnatcatcher
adjacent to the impact area shall be delineated by the use of orange snow
fencing or the use of lath and ropes /flagging.
All grubbing operations shall be monitored by a qualified Biologist. The
monitoring Biologist shall ensure that only the amount of coastal sage scrub
habitat approved for removal by the USFWS will be removed.
5. The monitoring Biologist shall flush gnatcatchers from occupied habitat
areas immediately prior to brush - clearing and earth- moving activities. It
shall be the responsibility of the monitoring Biologist to assure that
gnatcatchers shall not be directly impacted by brush - clearing and
earth - moving equipment in a manner that also allows for construction
activities on a timely basis.
6. If construction occurs during the nesting season, a summary of construction
monitoring activities shall be provided to the USFWS and the CDFG
following completion of construction.
7. Following the completion of initial clearing activities, all areas of coastal
sage scrub habitat to be avoided by construction equipment and personnel
shall be marked with temporary fencing or other appropriate markers clearly
visible to construction personnel. No construction access, parking, or
storage of equipment shall be permitted within such marked areas.
MM 4.6 -4 Implementation of the Project would result in the loss of 0.41 acre of coastal
sage scrub habitat. Permanent impacts on coastal sage scrub vegetation shall
be mitigated at a two to one (2:1) ratio on the Project site or in suitable off -site
locations in the Newport Beach /Costa Mesa area. A 2:1 ratio for mitigation is
appropriate for the habitat impacted which is non - typical for gnatcatchers and
subject to degradation by invasive, non - native species. A coastal sage scrub
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restoration plan shall be prepared by the City prior to the start of grading. The
City shall be responsible for implementing the restoration plan. Restoration
shall consist of seeding and planting of containers of appropriate coastal sage
scrub species and cactus cuttings. The restoration areas shall be maintained
and monitored by the City until the success criteria documented in the
restoration plan have been met.
The restoration plan shall contain the following items (please refer to Section
4.6 for the entire text of the mitigation measure):
Responsibilities and qualifications of the personnel to implement and
supervise the plan.
2. Site selection.
3. Site preparation and planting implementation
4. Schedule.
5. Maintenance plan /guidelines.
6. Monitoring Plan.
7. Long -term preservation.
8. Identification of performance standards for the revegetation of coastal sage
scrub.
In addition, earth - moving equipment shall avoid maneuvering in areas outside
the identified limits of grading in order to avoid disturbing open space areas
that would remain undeveloped. Prior to the start of grading, the natural open
space limits shall be marked by the Construction Supervisor and the Project
Biologist. These limits shall be identified on the grading plan. No earth - moving
equipment shall be allowed within the open space areas.
Impact No. 22: Riparian Habitat and Wetlands
Implementation of the Project would impact on -site riparian habitat. The Sunset Ridge Park
Project would not have a substantial adverse effect on federally protected wetlands as defined
by Section 404 of the Clean Water Act; the site does not contain wetlands.
Finding
The City finds and determines that grading activities have the potential to impact riparian habitat
under the jurisdiction of the California Department of Fish and Game (CDFG). This impact
would be mitigated to a less than significant level. Changes or alterations have been required in,
or incorporated into, the project which avoid or substantially lessen the significant environmental
effect as identified in the final EIR. 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.
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Facts in Support of Finding
As set forth in Section 4.6, grading activities could impact riparian habitat and sensitive natural
communities (i.e., coastal sage scrub). The site does not include wetlands. The significant effect
has been eliminated or substantially lessened to a level that is less than significant with
inclusion of the following Mitigation Program, as identified in the Final EIR.
Mitigation Program
Mitigation Measures
Please refer to MM 4.6 -4 and the following measures.
MM 4.6 -5 Implementation of the Project would result in the loss of 0.06 acre of riparian
habitat. Prior to the final submittal of a permit application for a CDFG permit
agreement, the City shall develop a riparian restoration and enhancement plan
for the CDFG. The objective of the plan shall be to ensure no net loss of habitat
values as a result of Project activities. This may include preservation,
restoration, and enhancement within and off the Project site. The mitigation
ratio shall be negotiated with the resource agencies, but shall be no less than
1:1 to ensure no net loss of habitat. The City shall implement the mitigation
plan as approved by the resource agencies and according to guidelines and
performance standards.
Prior to implementation, a detailed riparian restoration and enhancement plan
shall be developed and shall contain the following items (please refer to
Section 4.6 for the entire text of the mitigation measure):
1. Responsibilities and qualifications of the personnel to implement and
supervise the plan.
2. Site selection
3. Site preparation and planting implementation.
4. Schedule.
5. Maintenance plan /guidelines.
6. Monitoring Plan.
7. Long -Term Preservation.
MM 4.6 -6: A Jurisdictional Delineation Report shall be submitted to each regulatory
agency (i.e., the USACE, the CDFG, and the RWQCB) with a request for their
concurrence. To facilitate this concurrence, the City shall coordinate and
participate in a "Pre- Application Field Meeting" with the USACE, the CDFG,
and the RWQCB. The meeting shall be scheduled prior to the submittal of
permit applications. The meeting shall review (1) the Project; (2) the impacts
that would result from Project implementation; and (3) the proposed mitigation.
The intent of this meeting is to obtain a formal Jurisdictional Determination by
the USACE and the CDFG.
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Upon receipt of the Jurisdictional Determination, the City shall submit to the
CDFG the necessary permit applications required for direct or indirect impacts
on areas within this agency's jurisdiction. The City shall be obligated to those
mitigation measures required by the resource agency relative to impacts on
CDFG jurisdiction. Mitigation shall include, but is not limited to, an in -lieu fee
and /or avoidance, enhancement, or replacement of in -kind biological value.
Impact No. 23: Wildlife Movement
The Sunset Ridge Park Project would not interfere with the movement of any native resident or
migratory wildlife corridors.
Finding
The City finds and determines that the Project would not interfere with the movement of any
native resident or migratory wildlife corridors.
Facts in Support of Finding
According to Section 4.6 of the Draft EIR, the Project site is located at the southeastern end of a
large area of open space. Wildlife movement opportunities in this area are already constrained
by the extensive urbanization in the Project vicinity. Therefore, implementation of the Project
would not impact regional wildlife movement or result in fragmentation of habitat. Effects on
wildlife movement would be considered less than significant; no mitigation is required.
Impact No. 24: Consistency with Applicable Biological Policies and Ordinances
The Sunset Ridge Park Project would not conflict with the applicable biological resource
provisions of the General Plan, CLUP, the Natural Communities Conservation Plan /Habitat
Conservation Plan (NCCP /HCP), or the Coastal Act.
Finding
The City finds and determines that the Project would not conflict with any goals or policies of the
City of Newport Beach General Plan or Local Coastal Plan, or the California Coastal Act.
Facts in Support of Finding
As identified in Section 4.6 of the Draft EIR, Tables 4.1 -2, through 4.2 -4, address the Project's
consistency with applicable goals and policies of the General Plan, CLUP, NCCP /HCP, and
California Coastal Act, respectively. The Project site occurs within the Santa Ana River Mouth
Existing Use Area of the Central /Coastal Subregion NCCP /HCP. Existing Use Areas are
comprised of areas with important populations of Identified Species but which are
geographically removed from the Reserve System. The NCCP /HCP does not authorize
Incidental Take within the Existing Use Areas; such activities must be submitted to the USFWS
for review and approval, consistent with existing federal law. The Project would not conflict with
the provisions of an adopted HCP/ NCCP because it does not impact areas identified as part of
the Central /Coastal Subregion Reserve System nor does it utilize the Take allocations
associated with projects in the Subregion that are outside the Existing Use Areas. Although no
biological resources policy impacts have been identified, the Mitigation Program identified
Section 4.6 of the EIR and discussed above under Impact Nos. 21 through 23 would be
applicable to the Project.
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CULTURAL AND PALEONTOLOGICAL RESOURCES
Imaact No. 25: Archaeoloaical and Historical Resources
With the implementation of mitigation measures, the Sunset Ridge Park Project would not cause
a substantial adverse change in the significance of an archaeological or historical resource.
Finding
The City finds and determines that the Project would not impact any known historic or significant
archaeological resources. However, there is a potential for disturbance of undiscovered
resources during grading activities, including use of the Newport Banning Ranch property for the
export of excess dirt. This impact would be reduced to a level considered less than significant
with implementation of the Mitigation Program.
Facts in Support of Finding
As set forth in Section 4.7 of the EIR, the Project would not impact any significant known historic
or archaeological resources. Archaeological testing was conducted on the known sites. No
known significant historical resources are present. The gun emplacement site (CA- ORA- 1610H)
has been removed from its former location by grading of the mesa top on which it stood. CA-
ORA -1600, CA- ORA -1601H and CA- ORA -1602H were tested and determined to not be
significant or eligible for listing on the National Register of Historic Places or the California
Register of Historic Resources. However, grading could impact unknown resources.
The significant effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
Mitigation Proaram
Mitigation Measure
MM 4.7 -1 The Project Manager shall provide written evidence to the City of Newport
Beach Public Works and /or Planning Department that a qualified Archaeologist
has been retained to observe grading activities and to salvage and catalogue
archaeological resources, as necessary. The Archaeologist shall be present at
the pre -grade conference; shall establish procedures for archaeological
resource surveillance; and shall establish, in cooperation with the Project
Manager, procedures for temporarily halting or redirecting work to permit the
sampling, identification, and evaluation of the artifacts, as appropriate. If
archaeological resources are found to be significant, the Archaeologist shall
determine appropriate actions, in cooperation with the City and Project
Manager, for exploration and /or salvage. These actions, as well as final
mitigation and disposition of the resources, shall be subject to the approval of
the Public Works Director and /or Planning Director.
Based on their interest and concern about the discovery of cultural resources
and human remains during Project grading, consideration should also be given
to retaining a Native American Monitor to observe some or all grading activities.
Nothing in this mitigation measure precludes the retention of a single
cross - trained observer who is qualified to monitor for both archaeological and
paleontological resources.
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Impact No. 26: Disturbance of Human Remains
The Sunset Ridge Park Project would not disturb any known human remains
Finding
The City finds and determines that there is no indication that there are burials present on the
Project site. Grading activities could impact unknown human remains. Potential impacts can be
mitigated to a less than significant level.
Facts in Support of Finding
There is no indication that there are burials present on the Project site. Native American tribes
note that ancestors were often buried in coastal locations and much evidence exists to support
this supposition. In the event that human remains are discovered during grading activities, the
Mitigation Program addresses procedures to follow in the event of a discovery of suspected
human remains.
The potential effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
Mitiaation Proaram
Standard Conditions of Approval
SC 4.7 -1 In accordance with California Health and Safety Code, Section 7050.5, if
human remains are found, the County Coroner shall be notified within 24 hours
of the discovery. No further excavation or disturbance of the site or any nearby
area reasonably suspected to overlie adjacent remains shall occur until the
County Coroner has determined, within two working days of notification of the
discovery, the appropriate treatment and disposition of the human remains. If
the County Coroner determines that the remains are or believed to be Native
American, s /he shall notify the Native American Heritage Commission (NAHC)
in Sacramento within 24 hours. In accordance with California Public Resources
Code, Section 5097.98, the NAHC must immediately notify those persons it
believes to be the most likely descended from the deceased Native American.
The descendents shall complete their inspection within 48 hours of being
granted access to the site. The designated Native American representative
would then determine, in consultation with the property owner, the disposition
of the human remains.
Impact No. 27: Paleontological Resources
Grading could impact significant paleontological resources
Finding
The City finds and determines that the Project would impact known paleontological resources.
This impact would be reduced to a level considered less than significant with the incorporation
of mitigation. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified in the final
EIR.
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Facts in Support of Finding
Surface deposits on the Project site consist of marine Quaternary terrace deposits with a
mixture of terrestrial components. Underlying this and exposed on the Project site are the
marine Late Miocene Capistrano and Monterey Formations. These are sensitive rock formations
with the potential to yield significant fossils. This potential loss of resources is considered a
potentially significant impact.
The significant effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
Mitigation Program
Mitigation Measure
MM 4.7 -2 The Project Manager shall provide written evidence to the City of Newport
Beach Public Works and /or Planning Department that a qualified Paleontologist
has been retained to observe grading activities and conduct salvage
excavation of paleontological resources as necessary. The Paleontologist shall
be present at the pre- grading conference; shall establish procedures for
paleontological resources surveillance; and shall establish, in cooperation with
the City, procedures for temporarily halting or redirecting work to permit the
sampling, identification, and evaluation of the fossils as appropriate.
Any earth- moving activity associated with development, slope modification, or
slope stabilization that requires moving large volumes of earth shall be
monitored according to the paleontological sensitivity of the rock units that
underlie the affected area. All vertebrate fossils and representative samples of
megainvertebrates and plant fossils shall be collected. Productive sites that
yield vertebrates should be excavated, and approximately 2,000 pounds (Ibs)
of rock samples should be collected to be processed for microvertebrate fossil
remains. The Society of Vertebrate Paleontology (SVP) recommends that a
standard sample of 6,000 Ibs be collected for microvertebrate sites (BonTerra
Consulting 2009b). It is recommended that such a large volume only be
required in very unique situations, such as in an area where no fossils have
ever been reported and the results would greatly alter scientific interpretations
of the area, or if the site is so rich that the diversity of known taxa (species)
would be greatly enhanced by processing a larger volume.
If any scientifically important large fossil remains are uncovered during
earth- moving activities, the Paleontologist shall divert heavy equipment away
from the fossil site until s /he has had an opportunity to examine the remains. If
warranted, a rock sample will be collected for processing. The Paleontologist
shall be equipped to rapidly remove fossil remains and /or matrix (earth), and
thus reduce the potential for any construction delays.
If scientifically important fossil remains are observed and if safety restrictions
permit, the Project Manager shall allow the Paleontologist to safely salvage the
discovery. At the Paleontologist's discretion, the Project Manager may assist in
the removal of the fossil remains and rock sample to reduce any construction
delays.
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All fossils shall be documented in a detailed Paleontological Resource Impact
Mitigation Report. Fossils recovered from the field or by processing shall be
prepared; identified; and, along with accompanying field notes, maps and
photographs, accessioned into the collections of a designated, accredited
museum such as the Natural History Museum of Los Angeles or the San Diego
Natural History Museum.
Because of slope modification, fossil- bearing exposures of the Quaternary
marine deposits may be destroyed. If feasible, a few stratigraphic sections with
fossil- bearing horizons should be preserved for educational and scientific
purposes.
Recommendations specific to each lithologic unit are provided (please refer to
Section 4.7 for the entire text of the mitigation measure):
a. Monterey Formation
b. Quaternary Marine Terrace Deposits
c. Younger Alluvium and Aeolian Deposits
Nothing in this mitigation measure precludes the retention of a single cross
trained observer, qualified to monitor for both archaeological and
paleontological resources.
Impact No. 28: Consistency with Applicable Cultural and Paleontological Resources
Policies
The Project would not result in a significant cultural or paleontological impact that cannot be
mitigated; the Project was found compatible with relevant goals and policies assessed in the
EIR.
Finding
The City finds and determines that implementation of the Project will have no aesthetics policy
impacts.
Facts in Support of Finding
As further set forth in the EIR, the Project's compatibility with the applicable goals and policies
of the City's General Plan, CLUP, and Coastal Act are assessed. The Project is compatible with
relevant cultural and paleontological goals and policies. Although no policy impacts have been
identified, the Mitigation Program identified Section 4.7 of the EIR and discussed above under
Impact Nos. 25 through 27 would be applicable to the Project.
GEOLOGY AND SOILS
Impact No. 29: Seismic Activity
The Sunset Ridge Park Project site is located in a seismically active region, and people and
structures could be exposed to seismic ground shaking and secondary effects such as
liquefaction. This potentially significant impact would be mitigated to a level considered less
than significant with implementation of the Mitigation Program.
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Finding
The City finds and determines that strong seismic ground shaking at the site can be expected
associated with regional earthquake activity. The City finds and determines that the potential for
liquefaction and associated lateral spreading on the Project site is low.
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
As set forth in Section 4.8 of the EIR, Project site is not located within a designated AP
Earthquake Fault Zone but strong seismic ground shaking at the site can be expected
associated with regional earthquake activity. The site is not underlain by active or potentially
active faults; accordingly there would be no potential for ground failure on the site associated
with surface fault expression. he potential for liquefaction and associated lateral spreading is
low.
The significant effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
Mitigation Program
Project Design Feature
PDF 4.8 -2 Geotechnicai design recommendations contained within the Geotechnical
Study for the Sunset Ridge Park Project would be incorporated into the final
Project design, unless supplemental geotechnical investigations provide
information requiring revision of these recommendations.
Standard Conditions of Approval
SC 4.8 -1 A qualified Geotechnical Engineer shall review the final grading plans,
foundation plans and specifications when available to verify that all Project
Design Features have been appropriately considered and incorporated into
final plan development.
Mitigation Measure
MM 4.8 -1 A final design -level geotechnical exploration shall be performed after the final
grading plans are made available to confirm that the data and assumptions
applied in the development of final Project plans and specifications remain
appropriate.
Impact No. 30: Landslides
The Sunset Ridge Park Project would not expose people or structures to potential substantial
adverse effects including the risk of loss, injury, or death from landslides.
Finding
The City finds and determines there is some on -site potential for landsliding. With the
incorporation of mitigation, impacts would be considered less than significant. Changes or
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alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The City of Newport Beach General Plan and the CDMG (1998) indicate that there is some on-
site potential for landsliding under seismic conditions. Post - Project slopes on site would be
flatter and be in compliance with required factors of safety. The significant effect has been
eliminated or substantially lessened to a level that is less than significant with inclusion of the
following Mitigation Program, as identified in the Final EIR.
Mitigation Program
Mitigation Measure
MM 4.8 -2 Additional slope stability analyses shall be performed when the final slope
configuration is available to confirm that Project slopes would be seismically
stable. Final slope configuration would be adjusted if needed to ensure impacts
are less than significant.
Impact No. 31: Soils: Erosion and Stabilit
The Sunset Ridge Park Project would not result in substantial soil erosion; the site is not located
on expansive soil creating substantial risks to life or property.
Finding
The City finds and determines that Project impacts on soil erosion and /or the loss of topsoil
would be less than significant with the incorporation of mitigation. On -site soils have a low
expansion potential; no significant impact would occur. Changes or alterations have been
required in, or incorporated into, the project which avoid or substantially lessen the significant
environmental effect as identified in the Final EIR.
Facts in Support of Finding
According to Section 4.8 of the Draft EIR, existing site conditions are conducive to rill and gully
erosion based upon the lack of vegetation and amount of exposed soil surface. With the PDFs
and BMPs incorporated into the Project, the loss of topsoil associated with Project- induced
erosion would be reduced over existing conditions. Project impacts on soil erosion and /or the
loss of topsoil would be less than significant. Based on laboratory testing of soils at the Project
site, the on -site near surface soils are expected to have a low expansion potential. The
significant effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
Mitigation Program
Please refer to PDF 4.8 -2, SC 4.8 -1, MM 4.8 -1 and the following.
Project Design Feature
PDF 4.8 -1 Landscape and irrigation plans have been designed to minimize irrigation near
natural areas /slopes.
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Impact No. 32: Consistencv with Applicable Soils and Geoloav Policies
The Project would not result in a significant soils and geological impacts that cannot be
mitigated; the Project was found compatible with relevant goals and policies assessed in the
EIR.
Finding
The City finds and determines that implementation of the Project will have no significant soils
and geology policy impacts.
Facts in Support of Finding
As further set forth in the EIR, the Project's compatibility with the applicable goals and policies
of the City's General Plan, CLUP, and Coastal Act are assessed. The Project is compatible with
relevant soils and geology goals and policies. Although no policy impacts have been identified,
the Mitigation Program identified Section 4.8 of the EIR and discussed above under Impact Nos.
29 through 31 would be applicable to the Project.
HAZARDS AND HAZARDOUS MATERIALS
Impact No. 33: Hazardous Materials and Contamination
The Sunset Ridge Park Project is not listed on federal, State, local, tribal, or other hazardous
materials databases. The park access road, haul route, and export soil sites are on the Newport
Banning Ranch property, an active oil field. Oil wells in these areas have been abandoned as
part of the abandonment and remediation program at Newport Banning Ranch known as the
Environmental Restoration Plan (ERP), which began during the 1990s in order to abandon the
least productive wells at that time. The ERP was developed to cleanup soils associated with
abandoned oil wells. No significant impacts are anticipated associated with grading for and use
of the Project site as a park.
Finding
The City finds and determines that the Project site is not listed on federal, State, local, tribal, or
other hazardous materials databases. There are facilities in the Project vicinity; however, based
on distance and other facility- specific characteristics, these off -site facilities are not considered
to hazardous environmental conditions to the Project site. Within that portion of Newport
Banning Ranch proposed for use as a part of the Project for the park access road, there are two
abandoned oil well sites and oil field access roads. There are also two abandoned oil well sites
located within the area for the haul road and export soil sites on the Newport Banning Ranch
property. The oil wells have been abandoned as part of the abandonment and remediation
program at Newport Banning Ranch known as the Environmental Restoration Plan (ERP),
which began during the 1990s in order to abandon the least productive wells at that time. The
ERP was developed to cleanup soils associated with abandoned oil wells. The City would take
appropriate action during construction if any contaminated soil or materials are encountered.
Remediation would occur, as necessary.
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
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Facts in Support of Finding
As set forth in Section 4.9 of the EIR, the Project site is not listed on federal, State, local, tribal,
or other hazardous materials databases. The oil well sites within the boundaries of the Project
site have been abandoned and remediated. Any impacted oil field equipment would be removed
and soil remediation would occur, as necessary.
The significant effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
Mitigation Program
Mitigation Measures
MM 4.9 -1 Any contaminated soils or other hazardous materials removed from the Project
site shall be transported only by a Licensed Hazardous Waste Hauler who shall
be in compliance with all applicable State and federal requirements, including
U.S. Department of Transportation regulations under Title 49 of the CFR
(Hazardous Materials Transportation Act), California Department of
Transportation standards, Occupational Safety and Health Administration
standards, and the Resource Conservation and Recovery Act (42 United
States Code §6901 at seq.). The City of Newport Beach Public Works and /or
Planning Department shall verify that only Licensed Haulers who are operating
in compliance with regulatory requirements are used to haul hazardous
materials.
MM 4.9 -2 The State Regional Water Quality Control Board — Santa Ana Region (Santa
Ana RWQCB, through its regulatory authority to meet the Water Quality
Control Plan (Basin Plan) objectives set forth in compliance with the Porter -
Cologne Water Quality Control Act, shall oversee contaminated soil mitigation
efforts including but not limited to on -site treatment, as necessary, confirmation
of impacted soil delineation, excavation, and final report review and approval.
The Orange County Health Care Agency (OCHCA) may also provide oversight
of soil remediation and mitigation efforts as determined by the Santa Ana
RWQCB. Interim storage and handling of impacted materials shall be
performed under the Santa Ana RWQCB oversight responsibilities including
the preparation of a Storm Water Pollution Prevention Plan (SWPPP) and
erosion control requirements through the County M34 National Pollutant
Discharge Elimination System (NPDES) permit requirements as well as
compliance with air quality construction emission requirements of the South
Coast Air Quality Management District (SCAQMD).
MM 4.9 -3 Prior to grading, the contractor shall develop an approved Health and Safety
Contingency Plan (HSCP) in the event that unanticipated /unknown
environmental contaminants are encountered during construction. The plan
shall be developed to protect workers, safeguard the environment, and meet
the requirements of the California Code of Regulations (CCR), Title 8, General
Industry Safety Orders — Control of Hazardous Substances.
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The HSCP should be prepared as a supplement to the Contractor's Site -
Specific Health and Safety Plan, which should be prepared to meet the
requirements of CCR Title 8, Construction Safety Orders.
Specifically, the HSCP must:
1. Describe the methods, procedures, and processes necessary to identify,
evaluate, control, or mitigate all safety and health hazards associated with
any soil, groundwater, and /or air contamination that may be encountered
during field construction activities.
2. Apply to all site construction workers, on -site subcontractors, site visitors,
and other authorized personnel who are involved in construction
operations.
3. Be approved by the Public Works Director.
The HSCP shall take effect only if materials affected by environmental
contaminants are exposed during construction. This includes undocumented
waste materials, contaminated soils, affected groundwater, and related
substances that may be classified as hazardous or regulated materials, and /or
materials that could endanger worker or public health. If affected materials are
encountered, the HSCP shall be implemented to reduce the potential exposure
to the environment and workers at the site. All site workers shall be required to
perform work in a prescribed manner to reduce the potential that they will
endanger themselves, others, or the general public.
MM 4.9 -4 During construction, if environmentally affected soil, groundwater, or other
materials are encountered on site, the Project Engineer shall be quickly
mobilized to evaluate, assess the extent of, and mitigate the affected materials.
The following is only applicable if materials affected by environmental
contaminants are exposed during construction. The contractor or City's
consultant shall be responsible for implementing all applicable sampling and
monitoring of the project. Applicable sampling and monitoring activities can
include air monitoring (both for personal protection and SCAQMD Rule 1166
compliance), collecting soil and groundwater samples for analysis, and
documenting mitigation activities. Specific applicable sampling and monitoring
requirements shall vary, depending upon the nature, concentration, and extent
of affected materials encountered.
Imaact No. 34: Transport of Hazardous Materials
The Sunset Ridge Park Project would not create a significant hazard to the public or the
environment through the routine transport, use, or disposal of hazardous materials.
Finding
The City finds and determines that there would be a less than significant impact associated with
the potential need to transport soils with the incorporation of mitigation. Changes or alterations
have been required in, or incorporated into, the project which avoid or substantially lessen the
significant environmental effect as identified in the Final EIR.
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Facts in Support of Finding
Remedial activities may result in some potential release of contaminants, predominantly
hydrocarbons, into the air during soil disturbance due to aeration during handling (i.e., earth -
moving) of the any potential contaminated soils on the site. Off -site transport of impacted
materials would be minimized to the degree feasible. Any contaminated soils or other hazardous
materials removed from the Project site shall be transported only by a Licensed Hazardous
Waste Hauler in compliance with all applicable State and federal requirements. Hazardous
materials are routinely transported through Southern California, in compliance with these
requirements, and accidents and /or releases are rare.
The significant effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
��IfiCil:SiGTi1' � • . u
Please refer to MM 4.9 -1.
Impact No. 35 Consistencv with Applicable Hazards Policies
The Project would not result in a potentially significant hazards impact that cannot be mitigated;
the Project was found compatible with relevant goals and policies assessed in the EIR.
Finding
The City finds and determines that implementation of the Project will have no significant hazards
policy impacts.
Facts in Support of Finding
As further set forth in the EIR, the Project's compatibility with the applicable goals and policies
of the City's General Plan, CLUP, and Coastal Act are assessed. The Project is compatible with
relevant hazards goals and policies. Although no policy impacts have been identified, the
Mitigation Program identified Section 4.9 of the EIR and discussed above under Impact Nos. 33
and 34 would be applicable to the Project.
HYDROLOGY AND WATER QUALTY
Impact No. 36: Groundwater .SuDDIv and Recharae
The Sunset Ridge Park Project would not deplete groundwater supplies or interfere substantially
with groundwater recharge.
Finding
The City finds and determines that impacts from the Project on groundwater supplies and
recharge would be less than significant. Changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental
effect as identified in the Final EIR.
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Facts in Support of Finding
As set forth in Section 4.10 of the EIR, groundwater levels fluctuate in the area and are currently
estimated between 54 -86 feet below ground surface (bgs) on the Project site, based on the
site's topographic variability. Evidence of groundwater was encountered in borings taken during
the geotechnical exploration on site. Seepage was encountered in all borings at the site and
observed approximately 5 to 15 feet below the ground surface elevation of the lower
(southwestern) portion of the Project site, where a layer of sand and clay converge. Possible
sources of seepage include the residential development north of the site (Newport Crest
Condominiums) or shallow precipitation on site. The direction of seepage flow is generally from
north to south. The Project site is not a designated groundwater recharge area.
To minimize effects from groundwater seepage, a gravel subdrain system to be installed across
the southern edge of the park at the top of the slope. This subdrain system will collect
groundwater seepage from the condominium site to the north, as well as any shallow percolated
runoff from the park. Dewatering waste would be subject to regulatory water quality standards
set forth in RWQCB Order No. 98 -67, NPDES No. CAG998001 GENERAL WASTE
DISCHARGE REQUIREMENTS FOR DISCHARGES TO SURFACE WATERS WHICH POSE
AN INSIGNIFICANT (DE MINIMUS) THREAT TO WATER QUALITY. Construction best
management practices (BMPs) would also be implemented to ensure dewatering activities do
not negatively affect waste discharge, water quality, or the beneficial uses of receiving waters.
No impacts to groundwater supplies or recharge would occur from Project implementation.
The significant effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
Mitigation Program
Project Design Feature
PDF 4.10 -5 Treatment - Control BMPs: Treatment - control BMPs shall be incorporated into
the Project design to ensure that pollutant constituents contained within site
runoff and drainage for both storm water and non -storm water discharges are
adequately treated, such that all flows discharging into the reinforced concrete
box (RCB) culvert at West Coast Highway are in compliance with water quality
objectives and preserve the beneficial uses of the Santa Ana River Tidal Prism.
These treatment - control BMPs shall include vegetated swales and detention
basins, a vegetated dry creek to treat parking lot flows, an underground filter
facility that would both detain and treat flows, rain gardens, and pervious
pavers as identified in Appendix I of the EIR.
Imoact No. 37: Surface Water Runoff Volumes and Drainaae Patterns
The Sunset Ridge Park Project would not create significant changes in the flow velocity or
volume of storm water runoff or substantially alter the existing drainage pattern of the site. The
City finds and determines that the Project would not create or contribute to runoff water and
impacts related to area drainage would be considered less than significant.
Finding
The City finds and determines that the Project would not substantially alter the existing drainage
pattern of the site. Drainage facilities can accommodate site runoff. The Project would not
create significant changes in flow velocity or volume of storm water runoff or exceed the
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capacity of storm water drainage systems. Although peak flow rates slightly increase for flows
exiting the site, the incorporation of BMPs reduce peak flow rates commensurate with existing
conditions. Post - project increase in peak flow velocity is negligible (0.2 feet per second), and
volume increases are expected to be minor. Site drainage patterns would be similar with the
Project to existing conditions.
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
All impervious areas were considered in determining the storm water runoff; the Project resulted
in an increase of impervious surface area over existing conditions of 14.4 percent associated
with proposed hardscape features. Although peak flow rates would slightly increase for flows
exiting the site, the incorporation of on -site detention systems and treatment - control BMPs
would reduce peak flow rates so they are equal or less than those under existing conditions.
This would ensure that flows through the existing RCB as they leave the site would not change
from existing conditions. Flow velocities under existing conditions have been calculated to be
6.60 feet per second feet per second at the RCB; post - project velocities at this location are
anticipated to be 6.80 feet per second, a negligible increase. Project impacts to area drainage
systems are less than significant. The significant effect has been eliminated or substantially
lessened to a level that is less than significant with inclusion of the following Mitigation Program,
as identified in the Final EIR.
Mitigation Program
PDF 4.10 -5 and the following measures are applicable.
Project Design Features
PFF4.10 -1 Construction Best Management Practices: The Project shall incorporate a
combination of best management practices (BMPs) for erosion control,
sediment control, wind erosion, tracking control, storm water and non -storm
water management, and waste management/pollution control. These BMPs
shall be implemented to ensure potential effects on local site hydrology, runoff
and water quality remain in compliance with all appropriate permits, City
policies, and the Project's Water Quality Management Plan (WQMP) and Storm
Water Pollution Prevention Plan (SWPPP). These BMPs shall include
appropriate measures as identified in Appendix I of the EIR.
PDF 4.10 -2 Structural BMPs for Post - Construction /Project Operation: Structural BMPs shall
be implemented to ensure that the long -term effects of Project operation on
local hydrology, drainage patterns, and water quality remain less than
significant and in compliance with Project permits, City policies, and the
Project's WQMP and SWPPP. These BMPs include storm drain stenciling and
signage, smart trash storage area design, installment of efficient irrigation
systems and landscaping practices, and slope protection measures (e.g.,
vegetation, terrace drains, and energy dissipaters) as identified in Appendix I of
the EIR.
PDF 4.10 -3 Non - Structural BMPs for the Post - Project Construction: Non - Structural BMPs
shall be implemented to ensure that the long -term effects of Project operation
on local hydrology, drainage patterns, and water quality remain less than
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significant and in compliance with Project permits, City policies, and the
Project's WQMP and SWPPP. These non - structural measures would be
implemented along with the structural measures identified in PDF 4.10 -2 to
ensure Project effects are minimized. Non - structural BMPs shall include
education and outreach, activity restrictions for the site, landscape and
pesticide management, BMP maintenance, litter control, and other appropriate
measures as described in Appendix I of the EIR.
PDF 4.10 -4 Site - Design BMPs: Site - design BMPs were developed early in the planning
process for the Sunset Ridge Park Project in order to reduce environmental
impacts and to minimize or avoid hydrologic and water quality effects. These
concepts are focused on minimizing (1) storm water runoff, (2) the impervious
surface area of Project features, (3) the conservation of natural areas,
(4) contiguous impervious areas. Additional detail on these Site Design BMPs
can be found in Appendix I of the EIR.
PDF 4.10 -6 Inspection /Maintenance Responsibilities for BMPs: Inspection and
maintenance of BMPs shall be implemented by the City of Newport Beach prior
to completion of the Project. These responsibilities are presented in Appendix I
of the EIR for structural and non - structural BMPs. Upon final design of
treatment - control BMPs, a similar matrix shall be developed that specifies
maintenance responsibilities for treatment - control measures.
The City of Newport Beach shall retain all
at least five years from the date generated.
review by government agencies. The
maintenance shall conform to the guideli
Drainage Area Management Plan.
Impact No. 38: Water Quality
maintenance records for a period of
Those records shall be available for
methods used for inspection and
nes outlined in the Orange County
The Sunset Ridge Park Project would not violate any water quality standards or waste
discharge requirements.
Finding
The City finds and determines that the Project would use all applicable BMPs for construction,
post- construction /operation, and water quality treatment to ensure compliance with the NPDES
MS4 permit, Construction General Permit, the DAMP, the Project's WQMP, and the City's water
quality policies.
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
According to Section 4.10 of the Draft EIR, the Project has been developed in concert with site -
design BMPs aimed at avoiding or reducing the water quality impacts of the Project. In addition,
the Project shall use all applicable BMPs for construction, post- construction /operation, and
water quality treatment to ensure compliance with the NPDES MS4 permit, Construction
General Permit, the DAMP, the Project's WQMP, and the City's water quality policies. The
Project is required to treat the 851h percentile hourly rainfall for the equivalent of approximately
20.4 acres or the limits of grading, as required by the County of Orange Drainage Area
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Management Plan (DAMP). The BMPs would control urban runoff quality and the targeted
constituents include: sediment, nutrients, trash, metals, bacteria, oil and grease, and organics.
All Project impervious areas were considered in determining the storm water runoff to be treated
for water quality purposes. The Project resulted in an increase of impervious surface area over
existing conditions of 14.4 percent associated with proposed hardscape features; this
calculation was used, along with other pervious surface area changes, to calculate the water
quality treatment runoff.
The significant effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
Mitigation Program
Project Design Features 4.10 -1 through 4.10 -6 are applicable to Impact 38
Standard Conditions of Approval
SC 4.10 -1 All landscape materials and irrigation systems shall be maintained in
accordance with the approved Landscape Plan (see Appendix I of this EIR for
more information). All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing, and
trimming. All landscaped areas shall be kept free of weeds and debris. All
irrigation systems shall be kept operable, including adjustments, replacements,
repairs, and cleanings as part of regular maintenance.
SC 4.10 -2 A Storm Water Pollution Prevention Plan ( SWPPP) and Notice of Intent (NO])
to comply with the General Permit for Construction Activities shall be prepared,
submitted to the State Water Resources Control Board (SWRCB) for approval,
and made part of the construction program. The City shall maintain a copy of
the NOI and application check as proof of filing with the SWRCB. The SWPPP
shall detail measures and practices that will be in effect during construction to
minimize the Project's impact on water quality.
SC 4.10 -3 The City shall prepare and submit a Water Quality Management Plan (WQMP)
for the Project, subject to the approval of the Building Department, Code and
Water Quality Enforcement Division. The WQMP shall provide appropriate
BMPs to ensure that no violations of water quality standards or waste
discharge requirements occur; it shall also identify the entity responsible for the
long -term inspection, maintenance, and funding for all BMPs.
SC 4.10 -4 A list of "good housekeeping" practices shall be incorporated into the long -term
(post- construction) operation of the site in order to minimize the likelihood that
pollutants that could impair water quality will be used, stored, or spilled on the
site. These may include frequent parking area vacuum sweeping, removal of
wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion
of storm water away from potential sources of pollution (e.g., trash receptacles
and parking structures).
Mitigation Measures
MM 4.10 -1 The City shall comply with applicable provisions of the Construction General
Permit; Dewatering General Permit; the regional NPDES permit requirements,
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including the DAMP; and any other federal, State, or local requirements have
been incorporated into construction -phase BMPs. The required BMPs shall be
specified in terms and conditions of Project Managers' contract specifications.
The City shall be responsible for ensuring the implementation of required
BMPs.
MM 4.10 -2 In accordance with NPDES, DAMP, and WQMP requirements, appropriate and
effective storm water BMPs shall be implemented on the Project site to
accommodate storm water runoff from developed areas and to ensure that
applicable water quality standards are met. Site - design and treatment - control
BMPs shall be implemented during Project construction in accordance with
final plans and specifications. Treatment - control BMPs would be maintained by
the City of Newport Beach.
MM 4.10 -3 The final approved Project Plans and Specifications shall include
implementation of the WQMP requirements and Project Design Features. The
final approved Project plans and specifications shall include implementation of
all relevant BMPs and the approved drainage concept plan contained in either
Site Design Option 1 or Option 2.
MM 4.10 -4 The City shall comply with California's General Permit of Storm Water
Discharges Associated with Construction Activity by: (1) providing a copy of the
Notice of Intent submitted to the State Water Resources Control Board and a
copy of the subsequent notification of the issuance of a Waste Discharge
Identification (WDID) Number or other proof of filing and (2) preparing a Storm
Water Pollution Prevention Plan (SWPPP).
Impact No. 39: Consistency with Applicable Water and Water Quality Policies
The Project would have a less than significant
quality impacts of the Project can be mitigated;
goals and policies assessed in the EIR.
Finding
increase in surface water runoff flows. Water
the Project was found compatible with relevant
The City finds and determines that implementation of the Project will have no significant water
and water quality policy impacts.
Facts in Support of Finding
As further set forth in the EIR, the Project's compatibility with the applicable goals and policies
of the City's General Plan, CLUP, and Coastal Act are assessed. The Project is compatible with
relevant water and water quality goals and policies. Although no policy impacts have been
identified, the Mitigation Program identified Section 4.10 of the EIR and discussed above under
Impact Nos. 36 through 38 would be applicable to the Project.
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PUBLIC SERVICES AND UTILITIES
Impact No. 40: Fire Protection and Emergency Services
The Sunset Ridge Park Project would not result in a significant impact to fire services
Finding
The City finds and determines that fire protection services can be provided to the Project site
without significantly impacting existing and planned development. Changes or alterations have
been required in, or incorporated into, the project which avoid or substantially lessen the
significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
As set forth in Section 4.11 of the EIR, The Project would increase the demand for the City's
fire - protection services. However, this increased demand would not affect the Fire Department's
ability to maintain an acceptable response time. The Project would not require the construction
or expansion of fire facilities, nor would it require additional personnel or equipment to maintain
acceptable response times. Adequate access and entry would be provided for Fire Department
apparatus. The Project's impact on fire - protection services and emergency services would be
less than significant. The significant effect has been eliminated or substantially lessened to a
level that is less than significant with inclusion of the following Mitigation Program, as identified
in the Final EIR.
Mitigation Program
Project Design Feature
PDF 4.11 -1 The City shall provide a locked gate at the Project entry to ensure that no
vehicles enter the site after dusk. The City shall provide a locking system on
the gate that ensures emergency personnel, vehicles, and equipment can enter
once the park is closed.
Standard Conditions of Approval
SC 4.11 -1 Prior to the City Council's approval of the Project site plan, the Fire Department
shall review and approve the site plan in order to ensure adequate access to
the Project site via the access road. In addition, the site plan shall provide
adequate on -site space to park Fire Department apparatus.
Impact No. 41: Police Protection Services
The Sunset Ridge Park Project would not result in a significant impact to police services
Finding
The City finds and determines that police services can be provided to the Project site without
significantly impacting existing and planned development. Changes or alterations have been
required in, or incorporated into, the project which avoid or substantially lessen the significant
environmental effect as identified in the Final EIR.
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Facts in Support of Finding
The Project would generate an incremental increase in the demand for police protection
services. The increased demand would not require the construction of new facilities, nor would it
require the expansion of existing facilities. The Newport Beach Police Department has indicated
that the Project would not substantially increase response times or significantly affect staff,
facilities, equipment, or services. The Project's impact on police protection services would be
less than significant.
The significant effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
Mitigation Program
Project Design Feature 4.11 -1 is also applicable to Impact 41.
Impact No. 42: Water Facilities
The Sunset Ridge Park Project would have short -term and long -term increases in water
demand. Water supply can be provided without resulting in significant impacts.
Finding
The City finds and determines that water service can be provided to the Project site without
significantly impacting existing and planned development. Changes or alterations have been
required in, or incorporated into, the project which avoid or substantially lessen the significant
environmental effect as identified in the Final EIR.
Facts in Support of Finding
As set forth in Section 4.11 of the EIR, there is sufficient water supply available to serve the
Project. The Project would have short-term and long -term increases in water demand. Short-
term demand for water may occur during excavation, grading, and construction activities on site.
Construction activities require minimal water and are not expected to have any adverse impacts
on the existing water system or available water supplies. The Project would have an average
daily demand of approximately 20,597 gallons per day (gpd) for park maintenance and
irrigation, as well as restroom facilities. This is equivalent to 1,005,000 cubic feet (cf) per year:
up to 1,000,000 cf for landscape maintenance and 5,000 cf for the restrooms. Although this
water use would be an increase over existing conditions, the increase in water demand can be
accommodated without impacting water supplies. The City of Newport Beach has identified that
there is sufficient water supplies to serve the proposed Project.
The significant effect has been eliminated or substantially lessened to a level that is less than
significant with inclusion of the following Mitigation Program, as identified in the Final EIR.
Mitigation Program
Project Design Feature
PDF 4.11 -2 Sunset Ridge Park shall be integrated into the central irrigation controller
system for purposes of water management and conservation.
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Imnact No. 43: Wastewater Treatment
The Sunset Ridge Park Project would have an incremental increase in wastewater treatment.
No significant impacts would occur.
Finding
The City finds and determines that wastewater treatment service can be provided to the Project
site without significantly impacting existing and planned development.
Facts in Support of Finding
Wastewater would be generated by the park uses via the restroom facilities. While Project
implementation would result in an incremental increase in wastewater originating from the
Project site, it is not expected to result in a need for expanded wastewater treatment facilities
that could result in significant environmental impacts. The Project would comply with applicable
wastewater treatment requirements of the Regional Water Quality Control Board (RWQCB).
Impacts would be less than significant and no mitigation is required.
Impact No. 44: Energy: Electricity and Natural Gas
The Sunset Ridge Park Project would have long -term incremental increase in the demand for
electrical and natural gas services. Service can be provided without resulting in significant
impacts.
Finding
The City finds and determines that electrical and natural gas services can be provided to the
Project site without significantly impacting existing and planned development. Changes or
alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The Project would require connection to the site. Development of the site as a park would
increase in the demand for electricity and natural gas over existing conditions. The park's
incremental increase in use (i.e., security lighting and lighting for restroom facilities, hot water
use) would be negligible.
Impact No. 45 Consistency with Applicable Public Service and Utilities Policies
The Project would have a less than significant increase in demands on protection services or
utility requirements. The Project was found compatible with relevant goals and policies
assessed in the EIR.
Finding
The City finds and determines that implementation of the Project will have no significant public
services or utilities policy impacts.
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Facts in Support of Finding
As further set forth in the EIR, the Project's compatibility with the applicable goals and policies
of the City's General Plan, CLUP, and Coastal Act are assessed. The Project is compatible with
relevant public service and utilities goals and policies.
B. SIGNIFICANT UNAVOIDABLE IMPACTS
The potentially significant impacts identified in the Final EIR that cannot be mitigated to a less
than significant level through the implementation of project design features, standard conditions
of approval, and /or mitigation measures are addressed in this section. This section also sets
forth the City's findings with respect to each of the significant impacts, the facts in support of
those findings, and any changes and alterations that have been made to the Sunset Ridge Park
Project to reduce this significant effect to the maximum extent practicable.
In accordance with the State CEQA Guidelines Section 15093, a Statement of Overriding
Considerations has been prepared to substantiate the City's decision to accept these significant
unavoidable adverse environmental impacts because of the benefits afforded by the Sunset
Ridge Park Project. Following is a discussion of the significant impacts of the Sunset Ridge Park
Project that cannot be mitigated to a level considered less than significant.
AIR QUALITY
Impact No. 46: Construction Emissions and Criteria Pollutants
Temporary impacts would result from project construction activities. Grading activities
associated with the Sunset Ridge Park Project would result in short-term construction emissions
of PM10 and PM 2.5 (particulate matter with an aerodynamic diameter equal to or less than 10
microns or 2.5 microns, respectively). NOx (nitrogen oxide) emissions would be significant and
unavoidable on days when, and if, soil is exported to a distance greater than 20 miles from the
Project site. These short-term impacts would be reduced with implementation of the mitigation
but not to a level considered less than significant.
Finding
The City finds and determines that implementation of the Project would have a short -term
significant and unavoidable air quality impact associated with construction activities. The Sunset
Ridge Park Project would result in a cumulatively considerable net increase of criteria pollutants.
Despite the application of the mitigation program, which would substantially lessen the
significant environmental effect as identified in the EIR, the Project's short-term construction air
quality impacts cannot be reduced to a less than significant level. Specific economic, legal,
social, technological, or other considerations make infeasible any additional mitigation and the
analyzed project alternatives would not eliminate or avoid the significant short-term air quality
impact. Therefore, a Statement of Overriding Considerations has been prepared to substantiate
the City's decision to accept these significant unavoidable adverse environmental impacts.
Facts in Support of Finding
As set forth in Section 4.4 of the Draft EIR, the region is a nonattainment area for PM10, PM2.5,
and the ozone precursors VOC and NO.. The Project would significantly contribute criteria
pollutants during short -term Project construction.
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Ambient Air Quality for Criteria Pollutants — Local Significance Thresholds. Local
Significance Threshold: Grading and demolition activities associated with the Project may
exceed the South Coast Air Quality Management District's (SCAQMD's) construction
thresholds. Specifically, during the periods of mass grading when work would be concentrated
within 164 feet of the Newport Crest Condominium development, particulate emissions from the
Project site have the potential for a short-term exceedance of the 24 -hour PM10 and PM2.5
ambient air quality standards at the nearest residences. This temporary, local impact would be
significant and unavoidable. When the grading work would be concentrated at distances greater
than 164 feet from sensitive receptors, the thresholds would not be exceeded.
Mass Emissions Thresholds — Maximum Daily Regional Emissions. Assuming a 13 -week
export duration, NOx emissions during the mass grading and soil export phase would exceed
the SCAQMD thresholds for maximum day emissions, thus resulting in a significant impact. This
exceedance would occur if export soil is not taken to the Newport Banning Ranch property. In
order to reduce the NOx emissions to a less than significant level, soil export hauling would
have to be reduced from an estimated 1,308 VMT (vehicle miles travelled) per day to 540 VMT
per day. NO. emissions could exceed the threshold during the three -month mass grading
period; these exceedances would result in a cumulatively considerable contribution to regional
03 concentrations. NOx emissions could exceed the threshold during the three -month mass
grading period; these exceedances would result in a cumulatively considerable contribution to
regional 03 concentrations. With this limitation, and if a site could not be found closer than 20
miles from the Project site, the mass grading period would need to be extended to
approximately 30 weeks or more. This would not be a reasonable mitigation because a
substantial extension of the mass grading phase would result in prolonged associated noise
impacts, as well as negative impacts to the Project costs and schedule.
The following Mitigation Program set forth in the EIR is applicable to the Project. Additionally,
the alternative analyzed in the Draft SEIR would also have significant unavoidable impacts
relative to construction air quality.
Mitigation Program
Standard Conditions of Approval
SC 4.4 -1 During construction of the proposed Project, the Project Manager shall be
required to comply with SCAQMD Rules 402 and 403, which shall assist in
reducing short-term air pollutant emissions. SCAQMD Rule 402 requires that
air pollutant emissions not be a nuisance off site. SCAQMD Rule 403 requires
that fugitive dust be controlled with the best available control measures so that
the presence of such dust does not remain visible in the atmosphere beyond
the property line of the emission source. This requirement shall be included as
notes on the Project Managers' specifications. Table 1 of Rule 403 prescribes
the Best Available Control Measures that are applicable to all construction
projects. The measures include, but are not limited to the following:
• Clearing and grubbing — Apply water in sufficient quantity to prevent
generation of dust plumes.
• Cut and fill — Pre -water soils prior to cut and fill activities and stabilize soil
during and after cut and fill activities.
• Earth- moving activities — Pre -apply water to depth of proposed cuts; re-
apply water as necessary to maintain soils in a damp condition and to
ensure that visible emissions do not exceed 100 feet in any direction; and
stabilize soils once earth - moving activities are complete.
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Importing /exporting of bulk materials — Stabilize material while loading to
reduce fugitive dust emissions; maintain at least six inches of freeboard on
haul vehicles; and stabilize material while transporting to reduce fugitive
dust emissions.
• Stockpiles /bulk material handling — Stabilize stockpiled materials; stockpiles
within 100 yards of off -site occupied buildings must not be greater than
eight feet in height; or must have a road bladed to the top to allow water
truck access or must have an operational water irrigation system that is
capable of complete stockpile coverage.
• Traffic areas for construction activities — Stabilize all off -road traffic and
parking areas; stabilize all haul routes; and direct construction traffic over
established haul routes.
Mitigation Measures
MM 4.4 -1 The Contractor shall develop a grading plan that assures that on -site emissions
of PM10 will not exceed 40 pounds per day and on -site emissions of PM2.5 will
not exceed 11 pounds per day.
MM 4.4 -2 For all Project construction:
a. Use electricity from power poles rather than temporary diesel or gasoline
power generators;
b. Ensure that all vehicles and equipment will be properly tuned and
maintained according to manufacturers' specifications;
c. Prohibit all diesel trucks from idling in excess of five minutes, both on- and
off -site
If it is determined that soil export hauling will result in more than 540 off -site
VMT per day, the following shall be required. (Note: VMT per day is determined
by multiplying the round trip distance from the park site to the spoils site by the
number of truck trips per day.)
The construction contractors shall assure that at least 50 percent of the off -
site haul trips are made with trucks with engines that meet or exceed Tier 3
standards.
The construction contractor shall schedule off -site haul activities that affect
traffic flow on the arterial system to off -peak hours to the extent practicable,
that is, peak hour hauls on the off -site arterial system shall occur only if
necessary to avoid extending the length of the mass grading phase of
construction.
MM 4.4 -3 The following actions shall be implemented as a part of the construction of the
Sunset Ridge Park Project:
a. Watering and visible dust control shall exceed the requirements of
SCAQMD Rule 403 as follows: The Contractor shall suspend grading
operations when wind gusts exceed 15 miles per hours.
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b. In windy conditions, the dust control measures of SCAQMD Rule 403,
Table 2 (Large Operations) shall be applied.
c. If windy conditions are forecast for a weekend, holiday, or other day when
site work is not planned, the Contractor shall take measures, such as
additional watering or the application of chemical suppressants, to stabilize
disturbed areas and stockpiles prior to the non -work days.
d. During grading and earthmoving, the Contractor shall re -apply water as
necessary to assure that visible emissions do not extend to the Newport
Crest residences.
e. The Contractor shall develop a grading plan that assures that on -site
emissions of PM10 will not exceed 40 pounds per day and on -site
emissions of PM2.5 will not exceed 11 pounds per day.
f. The Contractor shall develop a grading plan that limits the grading within
200 feet of the Newport Crest residences to four hours per day.
MM 4.4 -4 The City shall appoint a person as a contact for complaints relative to
construction impacts to the adjacent neighborhoods. A contact telephone
number and email address shall be posted on signage at the construction site
and shall be provided by mail to all residents within 500 feet of the Project site.
Upon receipt of a complaint, the City contact person shall investigate the
complaint and shall develop corrective action, if needed, with the Contractor.
The City contact person shall respond to the complainant within two working
days to describe the results of the investigation. The City contact person shall
maintain a log of all complaints and resolutions.
Impact No. 47: Sensitive Receptors
The Sunset Ridge Project would expose sensitive receptors to substantial pollutant
concentrations during construction. These short-term impacts would be reduced with
implementation of the mitigation but not to a level considered less than significant.
Finding
The City finds and determines that construction activities would expose nearby residents
(sensitive receptors) to pollutant concentrations including PM10 and PM2.5 emissions. Specific
economic, legal, social, technological, or other considerations make infeasible any additional
mitigation and the analyzed project alternatives would not eliminate or avoid the significant
short-term air quality impact. Therefore, a Statement of Overriding Considerations is also
adopted.
Facts in Support of Finding
As set forth in Section 4.4 of the EIR, construction activities associated with the Project would
expose nearby residents (sensitive receptors) to pollutant concentrations. Exposure to carbon
monoxide (CO), NO2, and toxic air contaminants (TACs) would be less than significant.
However, exposure to PM10 and PM2.5 emissions would exceed thresholds at times during the
mass grading phase.
The Mitigation Program identified for Impact 46 is applicable to this significant impact
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NOISE
Impact No. 48: Construction Noise
The Sunset Ridge Park Project would generate temporary noise impacts
Finding
The City finds and determines that construction of the Project would result in a temporary
significant and unavoidable noise impact to the residences adjacent to the Project site from the
use of mobile grading equipment. Despite the application of the Mitigation Program, which
lessens the significant environmental effect as identified in the EIR, the Project's short-term
noise impact cannot be reduced to less than significant. Specific economic, legal, social,
technological, or other considerations make infeasible any additional mitigation measures and
the analyzed project alternatives would not alleviate the significant short-term noise impact.
Therefore, a Statement of Overriding Considerations is also adopted.
Facts in Support of Finding
As set forth in Section 4.5 of the EIR, construction equipment would have the potential to
generate temporary noise impacts above the existing ambient noise levels. The noise levels
during construction of the proposed Project would vary during the construction period,
depending upon the construction phase. During construction, sensitive receptors at the first row
of condominiums in Newport Crest would be exposed to occasional high noise levels associated
with the operation of heavy equipment including loaders, scrapers, dozers, and loaded haul
trucks. The City Noise Ordinance identifies that noise sources associated with construction are
exempt from the City's Noise Ordinance standards, provided said activities take place between
the hours of 7:00 AM and 6:30 PM on weekdays, and from 8:00 AM to 6:00 PM on Saturdays.
Due to the low existing noise levels and the proximity of the noise - sensitive receivers and
duration, construction would result in a temporary substantial increase in ambient noise to the
residences adjacent to the site from the use of mobile grading equipment. To reduce potential
construction noise impacts, a temporary barrier with a length of approximately 1,500 feet and
the height of approximately 20 feet would be required. Due to size and the fact that it would
block the views from the adjacent residences, the construction of a temporary noise barrier
would not be feasible. This unavoidable short-term significant impact would cease upon
completion of construction activities.
Mitigation Program
Project Design Feature
MM 4.5 -1 The Project includes landscaped berms between active park uses and the
Newport Crest Condominium development to provide for noise attenuation.
Standard Conditions of Approval
SC 4.5 -1 Grading and construction plans shall include a note indicating that loud noise -
generating project construction activities (as defined in Section 10.28.040 of
the noise ordinance) shall take place between the hours of 7:00 AM and
6:30 PM on weekdays, and from 8:00 AM to 6:00 PM on Saturdays. Loud noise
generating construction activities are prohibited on Sundays and federal
holidays.
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Mitigation Measure
MM 4.5 -1 Prior to the start of grading, the Project Manager shall produce evidence
acceptable to the Public Works Director and /or Planning Director, that:
• All construction vehicles or equipment, fixed or mobile, shall be equipped
with properly operating and maintained mufflers.
• Stationary equipment, such as generators and air compressors, would be
located as far from local residences as feasible.
• Equipment maintenance and staging areas would be located as far away
from local residences as feasible.
• Stockpiling and /or vehicle staging areas shall be located as far as
practicable from dwellings.
C. FINDINGS REGARDING PROJECT ALTERNATIVES
The following alternative was considered and rejected in the EIR because it was determined
that vehicular access cannot be safely provided to the Project site through the City's property.
SUPERIOR AVENUE ACCESS ROAD ALTERNATIVE
The Superior Avenue Access Road Alternative assumes that active and passive park uses are
developed on the Sunset Ridge Park site. Vehicular access into the Project site would be
provided from Superior Avenue between the existing Newport Crest Condominium development
to the north and West Coast Highway to the south and across from the existing parking lot
entrance on the east side of Superior Avenue. Therefore, no park development or access into
the park from West Coast Highway would be provided through the adjacent Newport Banning
Ranch property to the west. The Project site would be 13.7 acres because the Newport Banning
Ranch property would not be a part of this alternative.
Finding
The City hereby finds that specific economic, social, or other considerations make this
alternative infeasible.
The reduction in acreage from 18.9 acres to 13.7 acres would require a reduction in usable
active and passive park uses because all vehicular access to the park would need to be located
on the City's property. This alternative would reduce the amount of active park facilities that
would be provided by the Project in order to accommodate the access road on the City's
property. While the reduction in acreage would reduce the significant but mitigatable biological
impacts that would occur with the Project, it is anticipated that this alternative would require
similar or greater grading quantities in order to accommodate all of park uses as well as an
access road.
Under this alternative scenario, vehicular right -turn ingress and right -turn egress would be
provided from southbound Superior Avenue; no access from northbound Superior Avenue could
be provided. Adjacent to the site in the southbound direction, Superior Avenue is curved and
declines in elevation at an approximate eight percent grade. From the northeastern portion of
the site near the Newport Crest Condominium development to the intersection of Superior
Avenue at West Coast Highway, the elevation drops from approximately 80 feet above mean
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sea level (msl) to approximately 10 feet above msl. A signal could not be provided along the
park site on Superior Avenue to slow vehicular traffic to allow for safe access into the site. The
City's Public Works Department has identified that access along the Superior Avenue and West
Coast Highway frontages would not meet current traffic engineering standards and would
therefore be unsafe. While additional studies would most likely further validate the denial of
access at this point, the findings that the Traffic Engineer has previously identified are sufficient
evidence to support denial of any access at these locations. The following are a few of the City
identified issues associated with an access road along Superior Avenue and West Coast
Highway:
Superior Avenue
• The measured speeds on Superior Avenue are 46 mph. At this speed, a driver needs
480 feet to decelerate into an access point.
• Given the grades of the slope between Superior Avenue and the Project site, it appears
that the only logical location to consider access is at the northeast corner of the property.
At this location, the City sight distance requirement of 450 feet cannot be met because of
the curvature of the roadway.
• There is an on- street striped bike lane.
West Coast Highway
• The measured speeds on Coast Highway are 52 mph. At this speed, a driver needs 500
feet to decelerate into an access point. The length of the property frontage for Sunset
Ridge Park on Coast Highway is approximately 350 feet. There is insufficient length for
deceleration into the property.
• There is an existing lane drop across the entire property frontage on Coast Highway.
Within a short segment of roadway there would be a mix of through traffic in the lane
drop area with vehicles attempting to decelerate into a project driveway.
• The existing grade from Coast Highway to the Project site is steep. The maximum
driveway grade per City standard is 15 percent. To provide a driveway into the site, the
length of the driveway would approach approximately 200 feet.
• There is an existing on- street striped bike lane.
• There are dual right turn lanes from southbound Superior Avenue onto Coast Highway.
This presents an additional volume of vehicles required to merge with through traffic and
with vehicles trying to access the park driveway.
With respect to the construction of a park access road on the City's property from West Coast
Highway, the site contains a 197,720- square -foot (sf) scenic easement imposed by the
California Department of Transportation (Caltrans) as a term of the sale of the property to the
City. The easement is located generally from the property line adjacent to West Coast Highway
to approximately halfway into the site. This easement restricts development rights to those
permitted in the City's Open Space- Active (OS -A) zoning with additional limitations on the
placement of permanent structures and pavement in the scenic easement area. Therefore, a
road from West Coast Highway would not be permitted.
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ALTERNATIVE A: NO DEVELOPMENT /NO DEVELOPMENT ALTERNTATIVE
Alternative A assumes existing conditions on the Project site are retained. The City's 13.7 -acre
property would remain vacant. The 5.2 -acre portion of the Project site located on the Newport
Banning Ranch property would continue to be part of the oil field. No oil operations currently
occur in this area.
Finding
The City hereby finds that specific economic, social, or other considerations make this
alternative infeasible because Alternative A would not meet any of the Project's objectives. The
City would continue to have a deficiency in parkland, particularly in West Newport Beach.
Alternative A would avoid potential impacts resulting from the Project. All impacts associated
with the Project would be fully mitigated with the exception of short-term, construction - related air
quality and construction - related noise impacts. Despite this finding, this Alternative would not
meet the any of the Project objectives. Specifically, retention of the site with its existing use
would not provide the community with an active and passive park in West Newport Beach and
would not serve to achieve the City's goal to reduce the overall parkland deficit in West Newport
Beach and the City as a whole.
ALTERNATIVE B: ALTERNATIVE SITE
Alternative B assumes the location of a park on the Newport Banning Ranch property. This
alternative assumes that approximately 13.7 acres would be developed as an active and
passive public park. The park would be constructed north of 16th Street and contiguous to the
City's Utilities Yard. The park site would be generally bound by 16th Street and a Newport-Mesa
Unified School District -owned vacant parcel north of 16`h Street to the north; oil fields within
Newport Banning Ranch to the south and west; and the City Utilities Yard, Carden Hall, a
private school for kindergarten through 8`h grade, office uses, and light industrial uses to the
east. The Newport Knolls Condominium development is located south of 15th Street.
Finding
The City hereby finds that specific economic, social, or other considerations make this
alternative infeasible for the following reasons.
Development of a park in the Alternative B location rather than the Project site could be
implemented with fewer significant impacts. Unlike the Project, all significant impacts identified
for the Project could be mitigated to a less than significant level. However, the introduction of
night lighting on this undeveloped open space area in the absence of any other development on
the Newport Banning Ranch site may be significant. The feasibility of the City's purchase of the
property from Newport Banning Ranch is speculative as the Newport Banning Ranch property
owner proposes the development of the 401 -acre property including a 22 -acre community park
on the Alterative B site. The City's General Plan specifically identifies an active community park
of 20 to 30 acres to be developed in the Newport Banning Ranch area in addition to the
development of Sunset Ridge Park with active and passive park uses. Together, these identified
park locations would help alleviate parkland deficiencies in West Newport Beach. With
potentially only one park on the Newport Banning Ranch property, the parkland deficiency in
West Newport would continue to occur. While this alternative achieves the basic objective of
providing parkland in West Newport, it does not result in the development of Sunset Ridge Park
in conformance with the Caltrans Deed Restriction, which stipulates that the property be used
as a park.
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ALTERNATIVE C: PASSIVE PARK ALTERNTATIVE
The Passive Park Alternative assumes that only passive park uses would be developed on the
Project site. Consistent with the Project, a park access road would be constructed from West
Coast Highway through the Newport Banning Ranch property. Improvements on West Coast
Highway are assumed for Alternative C. Under this alternative scenario, no playing fields (i.e.,
baseball or soccer fields) would be constructed. Sunset Ridge Park would be developed with
lawns, pedestrian paths, gardens, restroom facilities, and parking. No nighttime lighting except
for public safety would be provided. Alternative C would require a zone change on that portion
of the Project site in the City (13.7 acres) from Open Space- Active (OS -A) to Open Space -
Passive (OS -P).
Finding
The City hereby finds that specific economic, social, or other considerations make this
alternative infeasible for the following reasons.
While Alternative C would have a slight reduction in grading, implementation of a passive park
would still result in significant and unavoidable short -term, construction - related local air quality
impacts and short-term construction - related noise impacts. These significant impacts would
cease upon the completion of construction. All other impacts would be similar or the same and
can be mitigated to a less than significant level.
Although Alternative C would provide a park in this location, it would not achieve all of the
Project objectives, specifically, to create more active and passive parkland in West Newport
Beach. The City of Newport Beach General Plan contains goals and policies that include
developing Sunset Ridge Park with active and passive park uses, including facilities for
picnicking, active sports, and other facilities that serve a larger population. This alternative
would not be consistent with these General Plan goals and policies.
ALTERNATIVE D: GRADING /DESIGN ALTERNATIVES
Alternative D assumes either an increase in the elevation of the park to minimize the volume of
grading required for park or lowering of the elevation of the park to reduce the visibility of park
facilities. Both the Higher Elevation and Lower Elevation options assume the same active and
passive park uses as the Project as well as the same park access road alignment. The park
access road would be in the same location as the Project. Relocation further to the west on
Newport Banning Ranch would result in greater impacts to biological resources; to the east
would not provide for adequate distance between signalized intersections.
Finding
The City hereby finds that specific economic, social, or other considerations make this
alternative infeasible for the following reasons.
Increasing or decreasing the elevation of the park would result in similar impacts as the
proposed Project. Alternative D would not substantively lessen or avoid the Project's significant
effects. Neither option would eliminate the short-term significant unavoidable air quality and
noise impacts associated with the Project. The Lower Park Elevation option would extend the
duration and possibly the intensity of these short-term air quality and noise impacts. These
significant impacts would cease upon the completion of construction. While the amount of
grading would be increased or decreased, compared to the Project, Alternative D would result in
similar impacts related to land use, aesthetics, cultural resources, geological resources,
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hydrology and water quality, biological resources, traffic, public services, and utilities and
service systems. For both the Project and Alternative D, these impacts are either not significant
or can be fully mitigated. While this alternative would meet the Project objectives to the same
extent as the Project, it does not eliminate any significant unavoidable impacts associated with
the Project. Under the Higher Park Elevation option, short -term air quality and noise impacts
may be less but would still be unavoidable; under the Lower Park Elevation option, these
unavoidable impacts would be greater.
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C O N 3 U L T I N 6
L7Z-
"EXHIBIT B"
MITIGATION MONITORING AND REPORTING
PROGRAM
SUNSET RIDGE PARK PROJECT,
NEWPORT BEACH, CALIFORNIA
SCH No. 2009051036
Prepared for City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Prepared by BonTerra Consulting
151 Kalmus Drive, Suite E -200
Costa Mesa, California 92626
March 2010
Sunset Ridge Park
SUNSET RIDGE PARK
MITIGATION MONITORING AND REPORTING PROGRAM
Date: March 23, 2010
CEQA Action: Certification of Final Environmental Impact Report
Project Applicant: City of Newport Beach
Project Location and Description:
The Sunset Ridge Park Project site (Project site) is located in the western portion of the City of
Newport Beach in Orange County, California. The Project site encompasses approximately
18.9 acres. Approximately 13.7 acres are located within the incorporated boundary of the City of
Newport Beach (City), and approximately 5.2 acres are in unincorporated Orange County within
the City's adopted Sphere of Influence, as approved by the Local Agency Formation
Commission of Orange County. The entire site is within the boundary of the coastal zone as
established by the California Coastal Act.
The Project site is currently vacant and undeveloped. There is limited infrastructure on the
Project site including drainage channels, unimproved roads, and a soundwall along Superior
Avenue. The Project site is irregularly shaped with varying topography, with the northeastern
portion of the site at a higher elevation than the western portion. The site ranges in elevation
from approximately 76 feet above mean sea level (msl) in the northeastern portion of the site,
44 feet above msl in the northwestern portion of the site, and slopes downward to approximately
10 feet above msl at the intersection of West Coast Highway at Superior Avenue. The Project
site has been previously graded, and is subject to regular maintenance activities.
The Project site is generally bound on the north by residential condominium development; to the
east by Superior Avenue with residential condominium development and Hoag Memorial
Hospital Presbyterian (Hoag Hospital) east of the road; to the south by West Coast Highway
with residential development south of the highway; and to the west by existing oil field
operations and undeveloped open space (Newport Banning Ranch).
Sunset Ridge Park would include active and passive public park uses. The park would include
one baseball field and two soccer fields, a playground and picnic area, a memorial garden and
an overlook with seating and shade structure, pedestrian paths, restroom facilities, and parking.
The parking lot would provide 75 parking spaces and include a designated drop -off area. In
addition, up to 22 parallel parking spaces may be provided along the park access road near the
parking lot for a total of 97 parking spaces. The park would include pedestrian access via two
entries from the sidewalk along Superior Boulevard and one entry from the sidewalk along West
Coast Highway. Vehicle ingress and egress would be provided via a park access road
extending from West Coast Highway through the Newport Banning Ranch property. Use of this
adjacent property for the park access road requires an access easement from the Newport
Banning Ranch property owner. No nighttime lighting other than for public safety would be
provided.
Construction of the Project is planned to occur in a single construction phase of between 16 and
18 months. Approximately 130,000 cubic yards (cy) of cut and 96,000 cy of fill may be required
during grading activities, with a net export of approximately 34,000 cy. The City proposes that all
of the exported soil would go to identified locations on the adjacent Newport Banning Ranch
property. Existing oil field roads on the Newport Banning Ranch property would provide truck
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access to transport the export material from the park site to Newport Banning Ranch.
Alternatively, the soil could be transported to another location, such as the Bowerman Landfill.
As a part of the Project, the City proposes to widen a portion of the northern side of West Coast
Highway from Superior Avenue to a point west of the proposed park access road consistent with
the standards of the City of Newport Beach General Plan's Circulation Element and the Orange
County Transportation Authority's Master Plan of Arterial Highways. A signal is planned on West
Coast Highway at the proposed access road. Because West Coast Highway is a State Highway,
California Department of Transportation (Caltrans) approvals would be required. Where the
widening would occur on Newport Banning Ranch property, a dedication from Newport Banning
Ranch would be required.
Mitigation Monitoring and Reporting Program
The California Environmental Quality Act (CEQA) requires that all public agencies establish
monitoring and /or reporting procedures for mitigation measures (MMs) adopted as conditions of
approval in order to mitigate or avoid significant project impacts. Specifically, Section
21081.6(a)(1) states:
The public agency shall adopt a reporting or monitoring program for the changes
made to the project or conditions of project approval, adopted in order to mitigate
or avoid significant effects on the environment. The reporting or monitoring
program shall be designed to ensure compliance during project implementation.
CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting
requirements and guidance to local lead agencies on implementing strategies. The reporting or
monitoring program must be designed to ensure compliance during project implementation. The
City of Newport Beach is the lead agency for the Sunset Ridge Park Project and is therefore
responsible for implementing the Mitigation Monitoring and Reporting Program (MMRP).
The Mitigation Program in the MMRP is comprised of Project Design Features (PDFs), Standard
Conditions and Requirements (SCs), and Mitigation Measures (MMs), which all serve to avoid,
reduce, and /or fully mitigate potential environmental impacts. The MMRP contains the Mitigation
Program that has been incorporated through preparation of the EIR with additional mitigation
measures and modified measures resulting from one of the following: (1) the City, as the
Applicant, proposed an alternative or an additional method to mitigate an impact; or
(2) additional or modified measures were added in response to public comments. These
additional measures have been analyzed and would not create any additional significant
impacts, but will lessen impacts anticipated to occur with implementation of the project.
The Mitigation Program has been drafted to meet the requirements of Public Resources Code
Section 21081.6 as fully enforceable monitoring programs. The MMRP defines the following for
each PDF, SC, and mitigation measure:
1. Timeframe. In each case, a timeframe for performance of the PDF, SC, and mitigation
measure (mitigation), or review of evidence that mitigation has taken place, is provided.
The performance points selected are designed to ensure that impact - related
components of Project implementation do not proceed without establishing that the
mitigation is implemented or assured.
2. Responsible Party. In each case, unless where otherwise indicated, the Applicant is the
Responsible Party for implementing the mitigation. The City will also monitor the
performance and implementation of the mitigation measures. To guarantee that the
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mitigation measure will not be inadvertently overlooked, the supervising public official is
the official who grants the permit or authorization called for in the performance.
3. Definition of Mitigation. In each case (except where a mitigation measure, such as a
geotechnical report, is a well -known procedure or term of art), the mitigation measure
contains the criteria for mitigation, either in the form of adherence to certain adopted
regulations or identification of the steps to be taken in mitigation.
The numbering system corresponds with the numbering system used in the Final EIR. The last
column of the MMRP table will be used by the Compliance Monitor to document when
implementation of the measure has been completed. The ongoing documentation and
monitoring of mitigation compliance will be completed by the City of Newport Beach. The
completed MMRP and supplemental documents will be kept on file at the City of Newport Beach
Planning Department.
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SUNSET RIDGE PARK
MITIGATION MONITORING AND REPORTING PROGRAM
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Project Design Features /Conditions of Approval/
Responsible for
Completion
Date Initials
Timing
Mitigation Measures
Monitoring /Implementation
Aesthetics
Prior to the opening of the Project to
PDF 4.2 -1: All outdoor lighting would be appropriately shielded and
Public Works Director and
the public
oriented in order to prevent light spillage on adjacent, off -site land
Planning Director, or
uses. Outdoor lighting associated with the restroom facilities and
designated representatives
parking lot shall not adversely impact residential land uses to the
north, but shall provide sufficient illumination for access and
security purposes.
Prior to the opening of the Project to
SC 4.2 -1: The site shall not be excessively illuminated. The Public
Public Works Director and
the public
Works Director and /or Planning Director may order the dimming of
Planning Director, or
light sources or other remediation upon finding that the site is
designated representatives
excessively illuminated.
Prior to the opening of the Project to
SC 4.2 -2: Prior to the opening of the Project to the public, the City
Public Works Director and
the public
shall prepare a photometric study in conjunction with a final lighting
Planning Director, or
plan for approval by the Public Works Director and /or Planning
designated representatives
Director. The survey shall show that lighting values are "'I" or less
at all property lines.
Transportation and Circulation
Prior to approval of grading and
SC 4.3 -1: Sight distance at the Project's access point shall comply
City Traffic Engineer and
construction plans
with City of Newport Beach standards.
Public Works Director, or
designated representatives
Prior to commencement of grading
SC 4.3 -2: Traffic control and truck route plans shall be reviewed
Public Works Director, or
and approved by the Public Works Department before their
designated representative
implementation. Large construction vehicles shall not be permitted
to travel narrow streets as determined by the Public Works
Department. Disruption caused by construction work along
roadways and by movement of construction vehicles shall be
minimized by proper use of traffic control equipment and flag
persons. Construction workers shall be required to park on the
Project site.
At least two weeks prior to
MM 4.3 -1: The Project Manager shall provide advanced written
Public Works Director and
commencement of grading
notice of temporary traffic disruptions to the affected area's
Planning Director, or
businesses and the general public. This notice shall be provided at
designated representatives
least two weeks prior to disruptions.
During grading and construction
MM 4.3 -2: The Project Manager shall ensure that construction
City Traffic Engineer and
activities requiring more than 16 truck (i.e., multiple axle vehicle)
Public Works Director, or
trips per hour, such as excavation and concrete pours, shall be
designated representatives
limited between June 1 and September 1 to avoid traffic conflicts
with beach and tourist traffic. At all other times, such activities shall
be limited to 25 truck (i.e., multiple axle vehicle) trips per hour
unless otherwise approved by the City's Traffic Engineer. Haul
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MITIGATION MONITORING AND REPORTING PROGRAM
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Mitigation Measures
Monitoring /Implementation
operations shall be monitored by the Public Works Department,
and additional restrictions may be applied if traffic congestion
problems arise. A staging area will be designated on -site for
construction equipment and supplies to be stored during
construction. No construction vehicles would be allowed to stage
on West Coast Highway during the grading and construction
period.
Prior to the start of grading
MM 4.3 -3: Prior to the start of grading, emergency fire access to
Public Works Director and
the site shall be approved by the City Public Works Department
Fire Chief, or designated
and the Fire Department.
representatives
Prior to the start of grading
MM 4.3 -4: Prior to the start of grading, the Project Manager shall
Public Works Director and
demonstrate to the City Fire Department that all existing and new
Fire Chief, or designated
access roads surrounding the Project site shall be designated as
representatives
fire lanes, and no parking shall be permitted unless the accessway
meets minimum width requirements of the Public Works and Fire
Departments. Parallel parking on one side may be permitted if the
road is a minimum 32 feet in width.
Air Quality and Climate Change
During grading and construction
PDF 4.4 -1: Water - efficient irrigation systems and devices, such as
Public Works Director and
soil moisture -based irrigation controls, shall be installed throughout
Utilities Director, or
the Project site.
designated representatives
Identified in approved grading and
PDF 4.4 -2: The Project shall be designed to be water - efficient.
Public Works Director and
construction plans
Water - efficient fixtures and appliances shall be installed in the
Utilities Director, or
restrooms.
designated representatives
Identify in approved grading and
PDF 4.4 -3: Watering methods shall be restricted (e.g., systems
Public Works Director and
construction plans; implement during
that apply water to non - vegetated surfaces shall be prohibited) and
Utilities Director, or
grading and construction
runoff shall be controlled in accordance with City of Newport Beach
designated representatives
Best Management Practices.
Identify in approved grading and
PDF 4.4-4: Low - impact development (LID) practices that maintain
Public Works Director or
construction plans; implement during
the existing hydrologic character of the site shall be implemented
designated representative
grading and construction
to manage storm water and to protect the environment. (Retaining
storm water runoff on site can drastically reduce the need for
energy- intensive imported water at the site.)
Identify in approved grading and
PDF 4.4 -5: The City of Newport Beach Water Conservation
Public Works Director and
construction plans; implement during
Ordinance, Section 14.16 of the Municipal Code shall be
Utilities Director, or
grading and construction
applicable to the Park. The ordinance includes but is not limited to
designated representatives
the LID practices of PDF 4.4 -5 and a requirement for an approved
water use plan to be prepared and implemented.
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SUNSET RIDGE PARK PROJECT (Continued)
MITIGATION MONITORING AND REPORTING PROGRAM
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Identify in approved grading and
PDF 4.4 -6: Approximately 130 to 140 trees shall be planted where
Public Works Director and
construction plans; implement during
there are now no existing trees, thus increasing GHG
Planning Director, or
grading and construction
sequestration.
designated representatives
Identify in approved grading and
SC 4.4 -1: During construction of the proposed Project, the Project
Public Works Director and
construction plans; implement during
Manager shall be required to comply with SCAQMD Rules 402 and
Planning Director, or
grading and construction
403, which shall assist in reducing short-term air pollutant
designated representatives
emissions. SCAQMD Rule 402 requires that air pollutant emissions
not be a nuisance off site. SCAQMD Rule 403 requires that fugitive
dust be controlled with the best available control measures so that
the presence of such dust does not remain visible in the
atmosphere beyond the property line of the emission source. This
requirement shall be included as notes on the Project Managers'
specifications. Table 1 of Rule 403 prescribes the Best Available
Control Measures that are applicable to all construction projects.
The measures include, but are not limited to the following:
• Clearing and grubbing — Apply water in sufficient quantity to
prevent generation of dust plumes.
• Cut and fill — Pre -water soils prior to cut and fill activities and
stabilize soil during and after cut and fill activities.
• Earth- moving activities — Pre -apply water to depth of proposed
cuts; re -apply water as necessary to maintain soils in a damp
condition and to ensure that visible emissions do not exceed
100 feet in any direction; and stabilize soils once earth- moving
activities are complete.
• Importing /exporting of bulk materials — Stabilize material while
loading to reduce fugitive dust emissions; maintain at least six
inches of freeboard on haul vehicles; and stabilize material
while transporting to reduce fugitive dust emissions.
• Stockpiles /bulk material handling — Stabilize stockpiled
materials; stockpiles within 100 yards of off -site occupied
buildings must not be greater than eight feet in height; or must
have a road bladed to the top to allow water truck access or
must have an operational water irrigation system that is
capable of complete stockpile coverage.
• Traffic areas for construction activities — Stabilize all off -road
traffic and parking areas; stabilize all haul routes; and direct
construction traffic over established haul routes.
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MITIGATION MONITORING AND REPORTING PROGRAM
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Identify in approved grading and
MM 4.4 -1: The Contractor shall develop a grading plan that
Public Works Director and
construction plans; implement during
assures that on -site emissions of PM10 will not exceed 40 pounds
Planning Director, or
grading and construction
per day and on -site emissions of PM2.5 will not exceed 11 pounds
designated representatives
per day.
Identify in approved grading and
MM 4.4 -2: For all Project construction:
Public Works Director and
construction plans; implement during
a. Use electricity from power poles rather than temporary diesel
Planning Director, or
grading and construction
or gasoline power generators;
designated representatives
b. Ensure that all vehicles and equipment will be properly tuned
and maintained according to manufacturers' specifications;
c. Prohibit all diesel trucks from idling in excess of five minutes.,
both on- and off -site
If it is determined that soil export hauling will result in more than
540 off -site VMT per day, the following shall be required. (Note:
VMT per day is determined by multiplying the round trip distance
from the park site to the spoils site by the number of truck trips per
day.)
d. The construction contractors shall assure that at least 50
percent of the off -site haul trips are made with trucks with
engines that meet or exceed Tier 3 standards.
The construction contractor shall schedule off -site haul activities
that affect traffic flow on the arterial system to off -peak hours to
the extent practicable, that is, peak hour hauls on the off -site
arterial system shall occur only if necessary to avoid extending the
length of the mass grading phase of construction.
Identify in approved grading and
MM 4.43: The following actions shall be implemented as a part of
Public Works Director and
construction plans; implement during
the construction of the Sunset Ridge Park Project:
Planning Director, or
grading and construction
a. Watering and visible dust control shall exceed the
designated representatives
requirements of SCAQMD Rule 403 as follows: The Contractor
shall suspend grading operations when wind gusts exceed 15
miles per hours.
b. In windy conditions, the dust control measures of SCAQMD
Rule 403, Table 2 (Large Operations) shall be applied.
c. If windy conditions are forecast for a weekend, holiday, or other
day when site work is not planned, the Contractor shall take
measures, such as additional watering or the application of
chemical suppressants, to stabilize disturbed areas and
stockpiles prior to the non -work days.
d. During grading and earthmoving, the Contractor shall re -apply
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MITIGATION MONITORING AND REPORTING PROGRAM
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water as necessary to assure that visible emissions do not
extend to the Newport Crest residences.
e. The Contractor shall develop a grading plan that assures that
on -site emissions of PM10 will not exceed 40 pounds per day
and on -site emissions of PM2.5 will not exceed 11 pounds per
day.
f. The Contractor shall develop a grading plan that limits the
grading within 200 feet of the Newport Crest residences to four
hours per day.
Identify in approved grading and
MM 4.4 -4: The City shall appoint a person as a contact for
Public Works Director and
construction plans; implement during
complaints relative to construction impacts to the adjacent
Planning Director, or
grading and construction
neighborhoods. A contact telephone number and email address
designated representatives
shall be posted on signage at the construction site and shall be
provided by mail to all residents within 500 feet of the Project site.
Upon receipt of a complaint, the City contact person shall
investigate the complaint and shall develop corrective action, if
needed, with the Contractor. The City contact person shall
respond to the complainant within two working days to describe
the results of the investigation. The City contact person shall
maintain a log of all complaints and resolutions.
Noise
Identify in approved grading and
PDF 4.5 -1: The Project includes landscaped berms between active
Public Works Director and
construction plans; implement during
park uses and the Newport Crest Condominium development to
Planning Director, or
grading and construction
provide for noise attenuation.
designated representatives
Identify in approved grading and
SC 4.5 -1: Grading and construction plans shall include a note
Public Works Director and
construction plans; implement during
indicating that loud noise - generating project construction activities
Planning Director, or
grading and construction
(as defined in Section 10.28.040 of the noise ordinance) shall take
designated representatives
place between the hours of 7:00 AM and 6:30 PM on weekdays,
and from 8:00 AM to 6:00 PM on Saturdays. Loud noise generating
construction activities are prohibited on Sundays and federal
holidays.
Identify in approved grading and
MM 4.5 -1: Prior to the start of grading, the Project Manager shall
Public Works Director and
construction plans; implement during
provide evidence acceptable to the Public Works Director and /or
Planning Director, or
grading and construction
Planning Director, that:
designated representatives
a. All construction vehicles or equipment, fixed or mobile, shall be
equipped with properly operating and maintained mufflers.
b. Stationary equipment, such as generators and air
compressors, would be located as far from local residences as
feasible.
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SUNSET RIDGE PARK PROJECT (Continued)
MITIGATION MONITORING AND REPORTING PROGRAM
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c. Equipment maintenance and staging areas would be located
as far away from local residences, as feasible.
d. Stockpiling and /or vehicle staging areas shall be located as far
as practicable from dwellings.
Biological Resources
For activities from February 15
MM 4.6 -1: Project - related activities likely to have the potential to
Public Works Director and
through August 31: Surveys shall be
disturb suitable bird nesting habitat shall be prohibited from
Planning Director, or
conducted weekly, beginning no
February 15 through August 31, unless a Project Biologist
designated representatives
earlier than 30 days and ending no
acceptable to the City of Newport Beach surveys the Project area
later than 3 days prior to the
prior to disturbance to confirm the absence of active nests.
Qualified Biologist
commencement of disturbance
Disturbance shall be defined as any activity that physically
removes and /or damages vegetation or habitat or any action that
U.S. Fish and Wildlife Service,
Where there is an active nest:
may cause disruption of nesting behavior such as loud noise from
California Department of Fish
establish avoidance area prior to
equipment and /or artificial night lighting. Surveys shall be
and Game, as applicable
disturbance
conducted weekly, beginning no earlier than 30 days and ending
no later than 3 days prior to the commencement of disturbance. If
an active nest is discovered, disturbance within a particular buffer
shall be prohibited until nesting is complete; the buffer distance
shall be determined by the Biologist in consideration of species
sensitivity and existing nest site conditions. Limits of avoidance
shall be demarcated with flagging or fencing. The Biologist shall
record the results of the recommended protective measures
described above and shall submit a memo summarizing any nest
avoidance measures to the City of Newport Beach to document
compliance with applicable State and federal laws pertaining to the
protection of native birds.
Similarly, for preserved vegetation that occurs within 50 to 100 feet
of construction activities, if construction is occurring during the
nesting season, preserved vegetation shall be surveyed for the
presence of nesting birds.
Remove habitat (subject to receipt of
MM 4.6 -2: To the maximum extent practicable, habitats that
Public Works Director and
regulatory permits /approvals): Sept.
provide potential nest sites for raptors /burrowing owls shall be
Planning Director, or
1 through Jan. 31
removed from September 1 through January 31. If Project
designated representatives
For activities from February 1
construction activities are initiated during the raptor /burrowing owl
Qualified Biologist
through August 31: Conduct surveys
nesting season (February 1 to August 31), a nesting raptor /burrow
within 7 days of commencement of
survey shall be conducted. Seven days prior to the onset of
California Department of Fish
disturbance
construction activities, a qualified Biologist shall survey within the
and Game, as applicable
limits of the proposed Project disturbance area for the presence of
If nests /burrows found during survey:
any active raptor nests /burrows (common or special status). Any
map prior to commencement of
nest/burrow found during survey efforts shall be mapped on the
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MITIGATION MONITORING AND REPORTING PROGRAM
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disturbance
construction plans. If no active nests /burrows are found, no further
mitigation would be required, and survey results shall be provided
to the CDFG.
If nesting activity is present, the active site shall be protected until
nesting activity has ended to ensure compliance with Section
3503.5 of the California Fish and Game Code. To protect any
nest/burrow site, the following restrictions on construction are
required between February 1 and August 31 (or until nests /burrows
are no longer active, as determined by a qualified Biologist):
(1) Clearing limits shall be established a minimum of 300 feet in
any direction from any occupied nest/burrow and (2) access and
surveying shall be restricted within 200 feet of any occupied
nest/burrow. Any encroachment into the 300- and /or 200 -foot
buffer area(s) around the known nest/burrow shall only be allowed
if a qualified Biologist determines that the proposed activity shall
not disturb the nest occupants. During the non - nesting season,
proposed work activities can occur only if a qualified Biologist has
determined that fledglings have left the nest/burrow.
If an active nest /burrow is observed during the non - nesting
season, a qualified Biologist shall monitor the nest site; when the
raptor /owl is away from the nest, the Biologist shall flush any
raptors to open space areas or exclude the owl from the burrow
and then remove the burrow so the owl cannot return.
Obtain permits prior to any
MM 4.6 -3: The NCCP /HCP does not authorize Incidental Take
Public Works Director and
disturbance activities
resulting from the conversion of habitat occupied by coastal
Planning Director, or
Identify in approved grading and
California gnatcatchers in Existing Use Areas. Consistent with
designated representatives
Federal Endangered Species Act (FESA) processes, the City has
construction plans
two options to mitigate for the impacts to the coastal California
Qualified Biologist
Implement during grading and
gnatcatcher:
U.S. Fish and Wildlife Service,
construction
a. On -site avoidance of habitat that would constitute Incidental
California Department of Fish
Take of gnatcatcher habitat or
and Game, as applicable
b. Mitigation of Incidental Take through a Section 7 or Section 10
process.
In addition, the following construction - related minimization
measures shall be required:
1. All activities involving the removal of gnatcatcher /coastal sage
scrub habitat shall be prohibited during the breeding and
nesting season (February 15 to July 15) unless otherwise
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directed by the USFWS.
2. The use of any large construction equipment during site
grading shall be prohibited within 200 feet of an active
gnatcatcher nest during the breeding and nesting season of
these species (February 15 to July 15) unless otherwise
directed by the USFWS.
3. All areas containing habitat suitable for occupation by the
gnatcatcher adjacent to the impact area shall be delineated by
the use of orange snow fencing or the use of lath and
ropes /flagging.
4. All grubbing operations shall be monitored by a qualified
Biologist. The monitoring Biologist shall ensure that only the
amount of coastal sage scrub habitat approved for removal by
the USFWS will be removed.
5. The monitoring Biologist shall flush gnatcatchers from occupied
habitat areas immediately prior to brush - clearing and earth -
moving activities. It shall be the responsibility of the monitoring
Biologist to assure that gnatcatchers shall not be directly
impacted by brush - clearing and earth - moving equipment in a
manner that also allows for construction activities on a timely
basis.
6. If construction occurs during the nesting season, a summary of
construction monitoring activities shall be provided to the
USFWS and the CDFG following completion of construction.
Following the completion of initial clearing activities, all areas of
coastal sage scrub habitat to be avoided by construction
equipment and personnel shall be marked with temporary fencing
or other appropriate markers clearly visible to construction
personnel. No construction access, parking, or storage of
equipment shall be permitted within such marked areas.
Mitigation and restoration plan
MM 4.6-4: Implementation of the Project would result in the loss of
Public Works Director and
approval by regulatory agencies:
0.41 acre of coastal sage scrub habitat. Permanent impacts on
Planning Director, or
Prior to site disturbance
coastal sage scrub vegetation shall be mitigated at a two to one
designated representatives
(2:1) ratio on the Project site or in suitable off -site locations in the
Identify in approved grading and
Newport Beach /Costa Mesa area. A 2:1 ratio for mitigation is
Qualified Biologist
construction plans
appropriate for the habitat impacted which is non - typical for
Habitat Restoration Specialist
Implement during grading and
gnatcatchers and subject to degradation by invasive, non - native
construction
species. A coastal sage scrub restoration plan shall be prepared
U.S. Fish and Wildlife Service,
by the City prior grading activities. The City shall be responsible for
California Department of Fish
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Monitor: 3 years or as required by
implementing the restoration plan. Restoration shall consist of
and Game, as applicable
regulatory agencies
seeding and planting of containers of appropriate coastal sage
scrub species and cactus cuttings. The restoration areas shall be
maintained and monitored by the City until the success criteria
documented in the restoration plan have been met.
The restoration plan shall contain the following items.
1. Responsibilities and qualifications of the personnel to
implement and supervise the plan. The responsibilities of the
landowner, specialists, and maintenance personnel that shall
supervise and implement the plan shall be specified.
2. Site selection. The site shall be located in a dedicated open
space area and shall be contiguous with other natural open
space areas.
3. Site preparation and planting implementation, including
protection of existing native species; trash and weed removal;
native species salvage and reuse (i.e., duff); soil treatments
(i.e., imprinting, decompacting); erosion control measures (i.e.,
rice or willow wattles); and seed mix application.
4. Schedule. Establishment of restoration /revegetation sites shall
be conducted between October and January 30. Seeding and
planting of container plants shall take place immediately after
preparation of the restoration sites.
5. Maintenance plan /guidelines. The maintenance plan shall
include weed control; herbivory control; trash removal;
irrigation system maintenance; maintenance training; and
replacement planting.
6. Monitoring Plan. The monitoring plan shall be conducted for
three years, depending upon the performance of the mitigation
site, and shall include qualitative monitoring (i.e., photographs
and general observations); quantitative monitoring (i.e.,
randomly placed transects); performance criteria; and monthly
reports for the first year, bimonthly reports thereafter, and
annual reports for all three years.
7. Long -term preservation. Long -term preservation of the site
shall be outlined in the conceptual mitigation plan to ensure the
mitigation site is not impacted by future development. A
conservation easement and a performance bond shall be
secured prior to implementation of the site.
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8. Identification of performance standards for the
revegetation of coastal sage scrub. Restoration shall be
considered successful at three years if the percent cover and
species diversity of the restored and /or created habitat areas
are similar to percent cover and species diversity of adjacent
existing habitats, as determined by quantitative testing of
existing, restored, and created habitat areas.
In addition, earth- moving equipment shall avoid maneuvering in
areas outside the identified limits of grading in order to avoid
disturbing open space areas that would remain undeveloped. Prior
to grading, the natural open space limits shall be marked by the
Construction Supervisor and the Project Biologist. These limits
shall be identified on the grading plan. No earth- moving equipment
shall be allowed within the open space areas.
Permit; Mitigation and restoration
MM 4.6 -5: Implementation of the Project would result in the loss of
Public Works Director and
plan approval by regulatory
0.06 acre of riparian habitat. Prior to the final submittal of a permit
Planning Director, or
agencies: Prior to site disturbance
application for a CDFG permit agreement, the City shall develop a
designated representatives
Identify in approved grading and
riparian restoration and enhancement plan for the CDFG. The
Qualified Biologist
construction plans
objective of the plan shall be to ensure no net loss of habitat
values as a result of Project activities. This may include
Habitat Restoration Specialist
Implement during grading and
preservation, restoration, and enhancement within and off the
construction
Project site. The mitigation ratio shall be negotiated with the
California Department of Fish
resource agencies, but shall be no less than 1:1 to ensure no net
and Game
Monitor: 3 years or as required by
loss of habitat. The City shall implement the mitigation plan as
regulatory agencies
approved by the resource agencies and according to guidelines
and performance standards. Prior to implementation, a detailed
riparian restoration and enhancement plan shall be developed and
shall contain the following items:
1. Responsibilities and qualifications of the personnel to
implement and supervise the plan. The responsibilities of the
City, specialists, and maintenance personnel that will supervise
and implement the plan shall be specified.
2. Site selection. Site selection for restoration and enhancement
mitigation shall be determined in coordination with the City and
resource agencies. The mitigation site(s) shall be located
within the Project site in a dedicated open space area or on
land that shall be dedicated and /or purchased off site.
3. Site preparation and planting implementation. The site
preparation shall include protection of existing native species;
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MITIGATION MONITORING AND REPORTING PROGRAM
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trash and weed removal; native species salvage and reuse
(i.e., duff); soil treatments (i.e., imprinting, decompacting);
temporary irrigation installation; erosion control measures (i.e.,
rice or willow wattles); seed mix application; and container
species.
4. Schedule. A schedule, which includes planting to occur in late
fall and early winter (between October and January 30) shall
be developed.
5. Maintenance plan /guidelines. The maintenance plan shall
include weed control; herbivory control; trash removal;
irrigation system maintenance; maintenance training; and
replacement planting.
6. Monitoring Plan. The site shall be monitored and maintained
for three years to ensure successful establishment of riparian
habitat within the restored and created areas. The monitoring
plan shall include qualitative monitoring (i.e., photographs and
general observations); quantitative monitoring (i.e., randomly
placed transects); performance criteria as approved by the
resource agencies; and monthly reports for the first year,
bimonthly reports thereafter, and annual reports for all three
years.
7. Long -Term Preservation. Long -term preservation of the site
shall also be outlined in the restoration and enhancement
plan to ensure the mitigation site is not impacted by future
development.
Meeting(s): Prior to the submittal of
MM 4.6 -6: A Jurisdictional Delineation Report shall be submitted to
Public Works Director and
permit applications
each regulatory agency (i.e., the USACE, the CDFG, and the
Planning Director, or
RWQCB) with a request for their concurrence. To facilitate this
designated representatives
Permit and mitigation approval by
concurrence, the City shall coordinate and participate in a "Pre -
regulatory agencies: Prior to site
Application Field Meeting" with the USACE, the CDFG, and the
Qualified Biologist /Regulatory
disturbance
RWQCB. The meeting shall be scheduled prior to the submittal of
Specialist/Habitat Restoration
permit applications. The meeting shall review (1) the Project; (2)
Specialist
the impacts that would result from Project implementation; and (3)
U.S. Army Corps of
the proposed mitigation. The intent of this meeting is to obtain a
Engineers, U.S. Fish and
formal Jurisdictional Determination by the USACE and the CDFG.
Wildlife Service, California
Upon receipt of the Jurisdictional Determination, the City shall
Department of Fish and
submit to the CDFG the necessary permit applications required for
Game, as applicable
direct or indirect impacts on areas within this agency's jurisdiction.
The City shall be obligated to those mitigation measures required
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MITIGATION MONITORING AND REPORTING PROGRAM
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by the resource agency relative to impacts on CDFG jurisdiction.
Mitigation shall include, but is not limited to, an in -lieu fee and /or
avoidance, enhancement, or replacement of in -kind biological
value.
Cultural and Paleontological Resources
During grading
SC 4.7 -1: In accordance with California Health and Safety Code,
Public Works Director and /or
Section 7050.5, if human remains are found, the County Coroner
Planning Director, or
shall be notified within 24 hours of the discovery. No further
designated representatives
excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent remains shall occur until
Qualified Archaeologist
the County Coroner has determined, within two working days of
notification of the discovery, the appropriate treatment and
disposition of the human remains. If the County Coroner
determines that the remains are or believed to be Native American,
s /he shall notify the Native American Heritage Commission
(NAHC) in Sacramento within 24 hours. In accordance with
California Public Resources Code, Section 5097.98, the NAHC
must immediately notify those persons it believes to be the most
likely descended from the deceased Native American. The
descendents shall complete their inspection within 48 hours of
being granted access to the site. The designated Native American
representative would then determine, in consultation with the
property owner, the disposition of the human remains.
Attendance at pre -grade meeting
MM 4.7 -1: The Project Manager shall provide written evidence to
Public Works Director and /or
Identify in approved grading and
the City of Newport Beach Public Works Department and /or
Planning Director, or
Planning Department that a qualified Archaeologist has been
designated representatives
construction plans
retained to observe grading activities and to salvage and catalogue
Monitoring during grading/
archaeological resources, as necessary. The Archaeologist shall
Qualified Archaeologist
disturbance activities
be present at the pre -grade conference; shall establish procedures
Native American monitor
for archaeological resource surveillance; and shall establish, in
cooperation with the Project Manager, procedures for temporarily
halting or redirecting work to permit the sampling, identification,
and evaluation of the artifacts, as appropriate. If archaeological
resources are found to be significant, the Archaeologist shall
determine appropriate actions, in cooperation with the City and
Project Manager, for exploration and /or salvage. These actions, as
well as final mitigation and disposition of the resources, shall be
subject to the approval of the Public Works Director and /or
Planning Director.
Based on their interest and concern about the discovery of cultural
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MITIGATION MONITORING AND REPORTING PROGRAM
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resources and human remains during Project grading,
consideration should also be given to retaining a Native American
Monitor to observe some or all grading activities.
Nothing in this mitigation measure precludes the retention of a
single cross - trained observer who is qualified to monitor for both
archaeological and paleontological resources.
Attendance at pre -grade meeting
MM 4.7 -2: The Project Manager shall provide written evidence to
Public Works Director and /or
the City of Newport Beach Public Works Department and /or
Planning Director, or
Identify in approved grading and
Planning Department that a qualified Paleontologist has been
designated representatives
construction plans
retained to observe grading activities and conduct salvage
Monitoring during grading/
excavation of paleontological resources as necessary. The
Qualified Paleontologist
disturbance activities
Paleontologist shall be present at the pre-grading conference; shall
establish procedures for paleontological resources surveillance;
and shall establish, in cooperation with the City, procedures for
temporarily halting or redirecting work to permit the sampling,
identification, and evaluation of the fossils as appropriate.
Any earth - moving activity associated with development, slope
modification, or slope stabilization that requires moving large
volumes of earth shall be monitored according to the
paleontological sensitivity of the rock units that underlie the
affected area. All vertebrate fossils and representative samples of
megainvertebrates and plant fossils shall be collected. Productive
sites that yield vertebrates should be excavated, and
approximately 2,000 pounds (Ibs) of rock samples should be
collected to be processed for microvertebrate fossil remains. The
Society of Vertebrate Paleontology (SVP) recommends that a
standard sample of 6,000 Ibs be collected for microvertebrate sites
(BonTerra Consulting 2009b). It is recommended that such a large
volume only be required in very unique situations, such as in an
area where no fossils have ever been reported and the results
would greatly alter scientific interpretations of the area, or if the site
is so rich that the diversity of known taxa (species) would be
greatly enhanced by processing a larger volume.
If any scientifically important large fossil remains are uncovered
during earth - moving activities, the Paleontologist shall divert heavy
equipment away from the fossil site until s /he has had an
opportunity to examine the remains. If warranted, a rock sample
will be collected for processing. The Paleontologist shall be
equipped to rapidly remove fossil remains and /or matrix (earth),
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and thus reduce the potential for any construction delays.
If scientifically important fossil remains are observed and if safety
restrictions permit, the Project Manager shall allow the
Paleontologist to safely salvage the discovery. At the
Paleontologist's discretion, the Project Manager may assist in the
removal of the fossil remains and rock sample to reduce any
construction delays.
All fossils shall be documented in a detailed Paleontological
Resource Impact Mitigation Report. Fossils recovered from the
field or by processing shall be prepared; identified; and, along with
accompanying field notes, maps and photographs, accessioned
into the collections of a designated, accredited museum such as
the Natural History Museum of Los Angeles or the San Diego
Natural History Museum.
Because of slope modification, fossil- bearing exposures of the
Quaternary marine deposits may be destroyed. If feasible, a few
stratigraphic sections with fossil- bearing horizons should be
preserved for educational and scientific purposes.
The following are recommendations specific to each lithologic unit.
a. Monterey Formation: A qualified Paleontologist shall be
notified when earth - moving activities are anticipated to impact
undisturbed deposits. The designated Paleontologist should
visit the area of construction on a full -time basis to assess
whether scientifically important fossils are exposed during
construction activities. If fossil material is observed during
construction, specimens shall be removed following standard
paleontological protocols.
b. Quaternary Marine Terrace Deposits: Prior to the start of
grading, a qualified Paleontologist shall collect exposed fossils
from the three distinct fossil shell horizons (BON 1, 2, 3)
exposed along the cut on Superior Avenue and the two other
fossil shell- bearing horizons (BAN 5 and 6) in the proposed
access road right -of -way. A bulk sample of at least 100 Ibs per
fossil site should be processed through fine screens to recover
rare types of fossil marine mollusks, bony fish, sharks, reptiles,
birds, and marine and terrestrial mammals. A detailed
measured section, placing the fossil sites in a stratigraphic
sequence, shall be made.
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A qualified Paleontologist shall be notified when earth - moving
activities are anticipated to impact undisturbed deposits. The
designated Paleontologist should be present on a full -time basis
during construction activities to assess whether scientifically
important fossils are exposed. If fossil material is observed during
construction, specimens should be removed following standard
paleontological protocols.
c. Younger Alluvium and Aeolian Deposits: A qualified
Paleontologist shall be notified when earth - moving activities
are anticipated to impact undisturbed deposits. The designated
Paleontologist should visit the construction area on a part-time
basis to assess whether scientifically important fossils are
exposed during construction activities. If fossil material is
observed during construction, specimens should be removed
following standard paleontological protocols.
Nothing in this mitigation measure precludes the retention of a
single cross- trained observer who is qualified to monitor for both
archaeological and paleontological resources.
Geology and Soils
Prior to approval of grading and
PDF 4.8 -1: Landscape and irrigation plans have been designed to
Public Works Director and /or
construction plans; during grading
minimize irrigation near natural areas /slopes.
Planning Director, or
and construction
designated representatives
Prior to approval of grading plans
PDF 4.8 -2: Geotechnical design recommendations contained
Public Works Director and
within the Geotechnical Study for the Sunset Ridge Park Project
Building Department Director,
(Leighton 2009) shall be incorporated into the final Project design,
or designated representatives
unless supplemental geotechnical investigations provide
Qualified Geotechnical
information requiring revision of these recommendations.
Engineer
Prior to approval of grading and
SC 4.8 -1: A qualified Geotechnical Engineer shall review the final
Public Works Director and
construction plans
grading plans, foundation plans and specifications when available
Building Department Director,
to verify that all Project Design Features have been appropriately
or designated representatives
considered and incorporated into final plan development.
Qualified Geotechnical
Engineer
Prior to approval of grading and
MM 4.8 -1: A final design -level geotechnical exploration shall be
Public Works Director and
construction plans
performed after the final grading plans are made available to
Building Department Director,
confirm that the data and assumptions applied in the development
or designated representatives
of final Project plans and specifications remain appropriate.
Qualified Geotechnical
Engineer
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Prior to approval of grading and
MM 4.8 -2: Additional slope stability analyses shall be performed
Public Works Director and
construction plans
when the final slope configuration is available to confirm that
Building Department Director,
Project slopes would be seismically stable. Final slope
or designated representatives
configuration would be adjusted if needed to ensure impacts are
less than significant.
Qualified Geotechnical
Engineer
Hazards and Hazardous Materials
During grading /soil disturbance
MM 4.9 -1: Any contaminated soils or other hazardous materials
Public Works Director and /or
activities
removed from the Project site shall be transported only by a
Planning Director, or
Licensed Hazardous Waste Hauler who shall be in compliance
designated representatives
with all applicable State and federal requirements, including U.S.
Department of Transportation regulations under Title 49 of the
CFR (Hazardous Materials Transportation Act), California
Department of Transportation standards, Occupational Safety and
Health Administration standards, and the Resource Conservation
and Recovery Act (42 United States Code §6901 et sec.). The City
of Newport Beach Planning Department shall verify that only
Licensed Haulers who are operating in compliance with regulatory
requirements are used to haul hazardous materials.
Prior to approval of grading and
MM 4.9 -2: The State Regional Water Quality Control Board —
Public Works Director and /or
construction plans
Santa Ana Region (Santa Ana RWQCB), through its regulatory
Planning Director, or
authority to meet the Water Quality Control Plan (Basin Plan)
designated representatives
objectives set forth in compliance with the Porter - Cologne Water
Quality Control Act, shall oversee contaminated soil mitigation
Regional Water Quality
efforts including but not limited to on -site treatment, as necessary,
Control Board, Santa Ana
confirmation of impacted soil delineation, excavation, and final
Region
report review and approval. The Orange County Health Care
Orange County Health Care
Agency (OCHCA) may also provide oversight of soil remediation
Agency, as applicable
and mitigation efforts as determined by the Santa Ana RWQCB.
South Coast Air Quality
Interim storage and handling of impacted materials shall be
Management District, as
performed under the Santa Ana RWQCB oversight responsibilities
applicable
including the preparation of a Storm Water Pollution Prevention
Plan (SWPPP) and erosion control requirements through the
County M34 National Pollutant Discharge Elimination System
(NPDES) permit requirements as well as compliance with air
quality construction emission requirements of the South Coast Air
Quality Management District (SCAQMD).
Prior to approval of grading and
MM 4.9 -3: Prior to grading, the contractor shall develop an
Public Works Director and /or
construction plans
approved Health and Safety Contingency Plan (HSCP) in the
Planning Director, or
event that unanticipated /unknown environmental contaminants are
designated representatives
encountered during construction. The plan shall be developed to
Regional Water Quality
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SUNSET RIDGE PARK PROJECT (Continued)
MITIGATION MONITORING AND REPORTING PROGRAM
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Responsible for
Completion
Date
Initials
Tf
Mitigation Measures
Monitoring /Implementation
protect workers, safeguard the environment, and meet the
Control Board, Santa Ana
requirements of the California Code of Regulations (CCR), Title 8,
Region
General Industry Safety Orders — Control of Hazardous
Orange County Health Care
Substances.
Agency, as applicable
The HSCP should be prepared as a supplement to the
Contractor's Site - Specific Health and Safety Plan, which should be
South Coast Air Quality
prepared to meet the requirements of CCR Title 8, Construction
Management District, as
Safety Orders.
applicable
Specifically, the HSCP must:
1. Describe the methods, procedures, and processes necessary
to identify, evaluate, control, or mitigate all safety and health
hazards associated with any soil, groundwater, and /or air
contamination that may be encountered during field
construction activities.
2. Apply to all site construction workers, on -site subcontractors,
site visitors, and other authorized personnel who are involved
in construction operations.
3. Be approved by the Public Works Director.
The HSCP shall take effect only if materials affected by
environmental contaminants are exposed during construction. This
includes undocumented waste materials, contaminated soils,
affected groundwater, and related substances that may be
classified as hazardous or regulated materials, and /or materials
that could endanger worker or public health. If affected materials
are encountered, the HSCP shall be implemented to reduce the
potential exposure to the environment and workers at the site. All
site workers shall be required to perform work in a prescribed
manner to reduce the potential that they will endanger themselves,
others, or the general public.
During grading and construction
MM 4.9 -4: During construction, if environmentally affected soil,
Public Works Director and /or
groundwater, or other materials are encountered on site, the
Planning Director, or
Project Engineer shall be quickly mobilized to evaluate, assess the
designated representatives
extent of, and mitigate the affected materials. The following is only
applicable if materials affected by environmental contaminants are
Regional Water Quality
exposed during construction. The contractor or City's consultant
Control Board, Santa Ana
shall be responsible for implementing all applicable sampling and
Region
monitoring of the project. Applicable sampling and monitoring
Orange County Health Care
activities can include air monitoring (both for personal protection
Agency, as applicable
and SCAQMD Rule 1166 compliance), collecting soil and
South Coast Air Quality
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Sunset Ridge Park
SUNSET RIDGE PARK PROJECT (Continued)
MITIGATION MONITORING AND REPORTING PROGRAM
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Date
Initials
Timing
Mitigation Measures
Monitoring /Implementation
groundwater samples for analysis, and documenting mitigation
Management District, as
activities. Specific applicable sampling and monitoring
applicable
requirements shall vary, depending upon the nature,
concentration, and extent of affected materials encountered.
Hydrology and Water Quality
Prior to approval of grading and
PDF 4.10 -1: Construction Best Management Practices: The
Public Works Director,
construction plans; during grading
Project shall incorporate a combination of best management
Building Department Director,
and construction
practices (BMPs) for erosion control, sediment control, wind
and /or Planning Director, or
erosion, tracking control, storm water and non -storm water
designated representatives
Included in NPDES permit
management, and waste management/pollution control. These
BMPs shall be implemented to ensure potential effects on local site
hydrology, runoff and water quality remain in compliance with all
appropriate permits, City policies, and the Project's Water Quality
Management Plan (WQMP) and Storm Water Pollution Prevention
Plan (SWPPP). These BMPs shall include appropriate measures
as identified in Appendix A of this MMRP.
Prior to approval of grading and
PDF 4.10 -2: Structural BMPs for Post - Construction /Project
Public Works Director,
construction plans; during grading
Operation: Structural BMPs shall be implemented to ensure that
Building Department Director,
and construction
the long -term effects of Project operation on local hydrology,
and /or Planning Director, or
drainage patterns, and water quality remain less than significant
designated representatives
Included in NPDES permit
and in compliance with Project permits, City policies, and the
Project's WQMP and SWPPP. These BMPs include storm drain
stenciling and signage, smart trash storage area design,
installment of efficient irrigation systems and landscaping
practices, and slope protection measures (e.g., vegetation, terrace
drains, and energy dissipaters) as identified in Appendix A of this
MMRP.
Prior to approval of grading and
PDF 4.10 -3: Non - Structural BMPs for the Post- Project
Public Works Director,
construction plans; during grading
Construction: Non - Structural BMPs shall be implemented to
Building Department Director,
and construction
ensure that the long -term effects of Project operation on local
and /or Planning Director, or
hydrology, drainage patterns, and water quality remain less than
designated representatives
Included in NPDES permit
significant and in compliance with Project permits, City policies,
and the Project's WQMP and SWPPP. These non - structural
measures would be implemented along with the structural
measures identified in PDF 4.10 -2 to ensure Project effects are
minimized. Non - structural BMPs shall include education and
outreach, activity restrictions for the site, landscape and pesticide
management, BMP maintenance, litter control, and other
appropriate measures as described in Appendix A of this MMRP.
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Sunset Ridge Park
SUNSET RIDGE PARK PROJECT (Continued)
MITIGATION MONITORING AND REPORTING PROGRAM
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Responsible for
Completion
Date
Initials
Timing
Mitigation Measures
Monitoring /Implementation
Prior to approval of grading and
PDF 4.10 -4: Site - Design BMPs: Site - design BMPs were
Public Works Director,
construction plans; during grading
developed early in the planning process for the Sunset Ridge Park
Building Department Director,
and construction
Project in order to reduce environmental impacts and to minimize
and /or Planning Director, or
or avoid hydrologic and water quality effects. These concepts are
designated representatives
Included in NPDES permit
focused on minimizing (1) storm water runoff, (2) the impervious
surface area of Project features, (3) the conservation of natural
areas, (4) contiguous impervious areas. Additional detail on these
Site Design BMPs can be found in Appendix A of this MMRP.
Prior to approval of grading and
PDF 4.10 -5: Stormwater Routing and Treatment - Control
Public Works Director,
construction plans; during grading
BMPs: Stormwater routing and treatment - control BMPs shall be
Building Department Director,
and construction
incorporated into the Project design to ensure that pollutant
and /or Planning Director, or
Included in NPDES permit
constituents contained within site runoff and drainage for both
designated representatives
storm water and non -storm water discharges are adequately
treated, such that all flows discharging into the reinforced concrete
box (RCB) culvert at West Coast Highway are in compliance with
water quality objectives and preserve the beneficial uses of the
Santa Ana River Tidal Prism. These stormwater routing and
treatment - control BMPs shall include:
1. A bioswale would be located adjacent to the park access
road to detain and treat storm water flows from the access
road and adjacent slope.
2. Interceptor drains would be located between the bioswale
and proposed parking lot to collect runoff from the preserved
nature area and adjacent slope.
3. A flow basin would be located at the intersection of West
Coast Highway and the access road to collect flows from the
road, preserved open space, and slopes. This basin would be
located and sized based on the ultimate alignment of the
access road.
4. Off -site flow basins would be located at the northern corner of
the site, to the west of the existing housing development
bordering the Project to collect off -site flows.
5. An on -site vegetated dry creek would be located within the
parking lot and would be routed to drain beneath a portion of
the parking lot via culvert crossing. This dry creek would
collect and treat flows from the parking lot.
6. RCP storm drains would be located throughout the site to
collect on -site and off -site runoff and route these flows into
the subdrain system and the RCB in West Coast Highway.
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Sunset Ridge Park
SUNSET RIDGE PARK PROJECT (Continued)
MITIGATION MONITORING AND REPORTING PROGRAM
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Date
Initials
Timing
Mitigation Measures
Monitoring /Implementation
7. A polyvinyl chloride (PVC) storm drain would be located
throughout park to collect on -site flows.
8. An underground corrugated metal pipe (CMP) detention
system is proposed to reduce future flows to the level of
existing flows. Flows would enter the system via the area
drain line(s) and would outlet via a smaller pipe sized
accordingly in order to allow for storage in the system; this
would provide the reduction in peak flows in the proposed
condition.
9. A gravel subdrain system would be located across the
southern edge of the park at the top of the slope to collect
ground water flows. This system would collect groundwater
seepage from the apartment site to the north, as well as any
percolated runoff from the park, keeping seepage from
outletting to the slope along West Coast Highway.
An underground filter facility that would both retain flows and treat
up to 1.06 cfs of post- construction discharge traversing the site.
This facility shall treat the poorest quality flows originating as runoff
within the condominium complex to the north. This discharge flow
rate is equivalent to the increase in discharge associated with
project implementation.
Prior to approval of grading and
PDF 4.10.6: Inspection /Maintenance Responsibilities for
Public Works Director,
construction plans; during grading
BMPs: Inspection and maintenance of BMPs shall be implemented
Building Department Director,
and construction
by the City of Newport Beach prior to completion of the Project.
and /or Planning Director, or
Included in NPDES permit
These responsibilities are presented in Appendix I of this EIR for
designated representatives
structural and non - structural BMPs. Upon final design of treatment -
Records: 5 years
control BMPs, a similar matrix shall be developed that specifies
maintenance responsibilities for treatment - control measures.
The City of Newport Beach shall retain all maintenance records for
a period of at least five years from the date generated. Those
records shall be available for review by government agencies. The
methods used for inspection and maintenance shall conform to the
guidelines outlined in the Orange County Drainage Area
Management Plan.
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Sunset Ridge Park
SUNSET RIDGE PARK PROJECT (Continued)
MITIGATION MONITORING AND REPORTING PROGRAM
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Responsible for
Completion
Date
Initials
Timing
Mitigation Measures
Monitoring /Implementation
Ongoing
SC 4.10 -1: All landscape materials and irrigation systems shall be
Recreation and Senior
maintained in accordance with the approved Landscape Plan (see
Services Director, Public
Appendix A of this MMRP). All landscaped areas shall be
Works Director, and /or
maintained in a healthy and growing condition and shall receive
Building Department Director,
regular pruning, fertilizing, mowing, and trimming. All landscaped
or designated representatives
areas shall be kept free of weeds and debris. All irrigation systems
shall be kept operable, including adjustments, replacements,
repairs, and cleanings as part of regular maintenance.
Prior to approval of grading and
SC 4.10 -2: A Storm Water Pollution Prevention Plan (SWPPP) and
Public Works Director,
construction plans; during grading
Notice of Intent (NOI) to comply with the General Permit for
Building Department Director,
and construction
Construction Activities shall be prepared, submitted to the State
and /or Planning Director, or
Water Resources Control Board (SWRCB) for approval, and made
designated representatives
part of the construction program. The City shall maintain a copy of
the NOI and application check as proof of filing with the SWRCB.
The SWPPP shall detail measures and practices that will be in
effect during construction to minimize the Project's impact on water
quality.
Prior to approval of grading and
SC -0.10.3: The City shall prepare and submit a Water Quality
Public Works Director,
construction plans; during grading
Management Plan (WQMP) for the proposed Project, subject to
Building Department Director,
and construction
the approval of the Building Department, Code and Water Quality
and /or Planning Director, or
Ongoing maintenance
Enforcement Division. The WQMP shall provide appropriate BMPs
designated representatives
to ensure that no violations of water quality standards or waste
discharge requirements occur; it shall also identify the entity
responsible for the long -term inspection, maintenance, and funding
for all BMPs.
Prior to approval of grading and
SC 4.10 -4: A list of "good housekeeping" practices shall be
Public Works Director,
construction plans; during grading
incorporated into the long -term (post - construction) operation of the
Building Department Director,
and construction
site in order to minimize the likelihood that pollutants that could
and /or Planning Director, or
Ongoing maintenance
impair water quality will be used, stored, or spilled on the site.
designated representatives
These may include frequent parking area vacuum sweeping,
removal of wastes or spills, limited use of harmful fertilizers or
pesticides, and the diversion of storm water away from potential
sources of pollution (e.g., trash receptacles and parking
structures).
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Sunset Ridge Park
SUNSET RIDGE PARK PROJECT (Continued)
MITIGATION MONITORING AND REPORTING PROGRAM
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Responsible for
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Date
Initials
Timing
Mitigation Measures
Monitoring /Implementation
Prior to approval of grading and
MM 4.10 -1: The City shall comply with applicable provisions of the
Public Works Director,
construction plans; during grading
Construction General Permit; Dewatering General Permit; the
Building Department Director,
and construction
regional NPDES permit requirements, including the DAMP; and
and /or Planning Director, or
Ongoing maintenance
any other federal, State, or local requirements have been
designated representatives
incorporated into construction -phase BMPs. The required BMPs
shall be specified in terms and conditions of Project Managers'
contract specifications. The City shall be responsible for ensuring
the implementation of required BMPs.
Prior to approval of grading and
MM 4.10.2: In accordance with NPDES, DAMP, and WQMP
Public Works Director,
construction plans; during grading
requirements, appropriate and effective storm water BMPs shall be
Building Department Director,
and construction
implemented on the Project site to accommodate storm water
and /or Planning Director, or
Ongoing maintenance
runoff from developed areas and to ensure that applicable water
designated representatives
quality standards are met. Site - design and treatment - control BMPs
shall be implemented during proposed Project construction in
accordance with final plans and specifications. Treatment - control
BMPs would be maintained by the City of Newport Beach.
Prior to approval of grading and
MM 4.10 -3: The final approved Project Plans and Specifications
Public Works Director,
construction plans; during grading
shall include implementation of the WQMP requirements and
Building Department Director,
and construction
Project Design Features. The final approved Project plans and
and /or Planning Director, or
Ongoing maintenance
specifications shall include implementation of all relevant BMPs
designated representatives
and the approved drainage concept plan contained in either Site
Design Option 1 or Option 2.
Prior to approval of grading and
MM 4.10 -4: The City shall comply with California's General Permit
Public Works Director,
construction plans; during grading
of Storm Water Discharges Associated with Construction Activity
Building Department Director,
and construction
by: (1) providing a copy of the Notice of Intent submitted to the
and /or Planning Director, or
Ongoing maintenance
State Water Resources Control Board and a copy of the
designated representatives
subsequent notification of the issuance of a Waste Discharge
Identification (WDID) Number or other proof of filing and
(2) preparing a Storm Water Pollution Prevention Plan (SWPPP).
Public Services and Utilities — Fire Protection
Prior to approval of construction
PDF 4.11 -1: The City shall provide a locked gate at the Project
Public Works Director, Fire
plans
entry to ensure that no vehicles enter the site after dusk. The City
Chief, Police Chief, and /or
Prior to the opening of the Project to
shall provide a locking system on the gate that ensures emergency
Building Department Director,
the public
personnel, vehicles, and equipment can enter once the park is
or designated representatives
closed.
Prior to the City Council's approval of
SC 4.11 -1: Prior to the City Council's approval of the Project site
Fire Chief or designated
the Project site plan
plan, the Fire Department shall review and approve the site plan in
representative
order to ensure adequate access to the Project site via the access
road. In addition, the site plan shall provide adequate on -site space
to park Fire Department apparatus.
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Sunset Ridge Park
SUNSET RIDGE PARK PROJECT (Continued)
MITIGATION MONITORING AND REPORTING PROGRAM
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Responsible for
Completion
Date Initials
Timing
Mitigation Measures
Monitoring /Implementation
Public Services and Utilities — Police Protection
Prior to approval of construction
PDF 4.11 -1 (Public Services and Utilities — Fire Protection) is
Public Works Director, Fire
plans
applicable to police protection services
Chief, Police Chief, and /or
Prior to the opening of the Project to
Building Department Director,
or designated representatives
the public
Public Services and Utilities —Water Facilities
Prior to approval of grading and
PDF 4.11 -2: Sunset Ridge Park shall be integrated into the central
Utilities Director, Public Works
construction plans; during grading
irrigation controller system for purposes of water management and
Director, and /or Planning
and construction
conservation.
Director or designated
representatives
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APPENDIX A
Sunset Ridge Park
The Sunset Ridge Park Water Quality Management Plan identifies and establishes Best
Management Practices (BMPs) to be used on site to control runoff, and ensure the Project
meets established water quality objectives and protects existing beneficial uses of receiving
waters. These BMPs are consistent with the requirements set forth in the County of Orange
Drainage Area Management Plan, and include measures to address water quality effects of the
Project from construction as well as long -term project operation.
TABLE 1
CONSTRUCTION SITE BMPS
(From Appendix I of the EIR)
Number
I Activity
Erosion - Control BMPs
EC -1
Scheduling
EC -2
Preservation of Existing Vegetation
EC -3
Hydraulic Mulch
EC -4
Hydroseeding
EC -7
Geotextiles and Mats
EC -8
Wood Mulching
EC -9
Earth Dikes and Drainage Swales
Sediment - Control BMPs
SE -1
Silt Fence
SE -2
Sediment Basin
SE -5
Fiber Rolls
SE -6
Gravel Bag Berm
SE -7
Street Sweeping and Vacuuming
SE -8
Sand Bag Barrier
SE -10
Storm Drain Inlet Protection
Wind Erosion - Control BMPs
WE -1
I Wind Erosion Control
Tracking - Control BMPs
TR -1
Stabilized Construction Entrance /Exit
TR -2
Stabilized Construction Roadway
Non -Storm Water Management BMPs
NS -1
Water Conservation Practices
NS -2
Dewatering Operations
NS -3
Paving and Grinding Operations
NS -5
Clear Water Diversion
NS -6
Illicit Connection /Discharge
NS -8
Vehicle and Equipment Cleaning
NS -9
Vehicle and Equipment Fueling
N_1'
Vehicle and Equipment Maintenance
NS -12
Concrete Curing
NS -13
Concrete Finishing
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Sunset Ridge Park
TABLE 1 (Continued)
CONSTRUCTION SITE BMPS
(From Appendix I of the EIR)
Number I Activity
Waste Management and Materials Pollution Control BMPs
WM -1
Material Delivery and Storage
WM -2
Material Use
WM -3
Stockpile Management
WM -4
Spill Prevention and Control
WM -5
Solid Waste Management
WM -8
Concrete Waste Management
WM -9
Sanitary/Septic Waste Management
WM -10
I Liquid Waste Management
Source: Urban Resources 2009c.
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Appendix.
Sunset Ridge Park
TABLE 2
BEST MANAGEMENT PRACTICES AND SITE DESIGN CONCEPTS
(From Appendix I of the EIR)
BMP
Description
Implementation
Structural (for Post - Construction /Project Operation)
S1
Provide Storm Drain Stenciling and Signage
"No Dumping - Drains to Ocean' phrase to be stenciled on catch basins to alert the public
to the destination of pollutants discharged into storm water.
S2
Design Trash Storage Areas to Reduce Pollutant
All trash container areas shall provide attached lids on all trash containers that exclude
Introduction
rain, or roof or awning to minimize direct precipitation. Connection of trash area drains to
the municipal storm drain is not allowed. Trash container areas shall be paved with an
impervious surface.
S3
Use Efficient Irrigation Systems and Landscape Design
Fertilizer /pesticide /herbicide use, irrigation management practices, and landscape
management practices shall be maintained consistent with the County Ordinance
Amending the Zoning Code Regarding the Conservation of Water in Landscaping for
Common Areas of Multifamily and Non - Residential Development. Fertilizer and pesticide
usage shall be administered consistent with Orange County's Management Guidelines for
the Use of Fertilizers and Pesticides (M.G.F.P.). The design and maintenance of the
irrigation system would use state -of- the -art technology that minimizes both the amount of
water applied and the amount of runoff. The system shall also be designed with the
criteria established by the County of Orange and the City of Newport Beach. The
combination of technology and design criteria leads to an efficient and ecological system
for landscape irrigation. Selections of irrigation methods shall be made based on similar
water requirements in order to reduce excess irrigation runoff and to promote surface
filtration. Irrigation design or maintenance deficiencies that cause excessive irrigation
water runoff would be immediately corrected.
S4
Protect Slopes and Channels
Non - Structural (for Post - Project Construction)
N1
Education for Property Owners and Tenants of the
Commercial Site (to be provided at the City's discretion)
- The City of Newport Beach shall periodically provide
environmental awareness education materials to its
tenants /park users.
N2
Activity Restrictions — Rules or guidelines for Sunset
Ridge Park shall be established within appropriate
documents, if applicable, which prohibit activities that
can result in discharges of pollutants. Activity restrictions
are the responsibility of the City of Newport Beach.
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Sunset Ridge Park
TABLE 2 (Continued)
BEST MANAGEMENT PRACTICES AND SITE DESIGN CONCEPTS
(From Appendix I of the EIR)
BMP
Description
Implementation
N3
Landscape Management for the Site — City- approved
• Minimize irrigation runoff by using controllers to provide several short cycles instead
Landscape Construction Plans shall be prepared. All
of one long cycle for each area.
landscape maintenance activities shall conform to the
• Immediately correct any irrigation design or maintenance deficiencies that cause
Orange County Management Guidelines for the Use of
excessive runoff of irrigation water.
Fertilizers and Pesticides (M.G.F.P.). The key applicable
• Have application, storage, handling, and transportation of fertilizer follow the
landscape BMPs are to:
recommendations of the Orange County M.G.F.P. (specifically, § §2.0.4 and 2.0.5).
• Prohibit application of chemicals less than three days prior to predicted chance of
rain.
• Follow all fertilizer application with light irrigation to permit the fertilizer to soak into the
landscape area.
• Conduct annual testing of turf soil until results stabilize and an accurate determination
can be made of fertilization needs in addition to a corresponding reduction in the
application of unnecessary fertilizers. Soil testing and pursuant recommendations for
fertilizer use shall be conducted by a qualified fertilizer specialist as recommended in
the Orange County M.G.F.P. (§2.3.1).
• Limit weed control to either mechanical methods or USEPA - labeled herbicides.
• Use pesticides only after recommendation from a State - licensed pest control advisor
per the Orange County M.G.F.P. (§3.3.1).
• Ensure pesticides are only applied by, or under the direct supervision of, a State -
licensed or certified pesticide applicator or by workers with equivalent training per the
Orange County M.G.F.P. ( §3.4.1).
• The storage, handling, and transportation of pesticides shall follow the
recommendations of the Orange County M.G.F.P. ( §3.0).
N4
BMP Maintenance — The City of Newport Beach shall be
responsible for implementing each of the non - structural
BMPs. The contact person for the City of Newport
Beach is Mr. Michael Sinacori, Assistant City Engineer,
at(949)644 -3342.
N6
Local Water Quality Permit Compliance — The Water
Quality Management Plan shall comply with the City of
Newport Beach Council Policies No. L -18 and No. L -22.
N11
Common Area Litter Control —The City of Newport
Beach shall implement trash management and litter
control procedures on the site that are aimed at
reducing pollution of drainage water. The City may
contract with its landscape maintenance firms to provide
this service during regularly scheduled maintenance. It
would consist of litter patrol and emptying trash
receptacles.
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Sunset Ridge Park
TABLE 2 (Continued)
BEST MANAGEMENT PRACTICES AND SITE DESIGN CONCEPTS
(From Appendix I of the EIR)
BMP
Description
Implementation
N12
Employee Training – Employee training shall be
provided to Park maintenance personnel, and is the
responsibility of the City of Newport Beach.
N14
Private Catch Basin Inspection – The City of Newport
• Removal of pollutant loads from storm drain system
Beach shall inspect and, if necessary, clean private
• Reduction of high pollutant concentration during the "first flush" event,
catch basins within the Project site prior to the storm
• Prevention of clogging of the downstream storm water conveyance system.
season and no later than October 1 of each year.
Effective post- construction maintenance of storm
collection and conveyance facilities would ensure not
only their intended use, but would also prevent
excessive pollutants from entering the drainage system.
Occasionally, catch basins and other drainage facilities
become clogged by sediment and debris accumulation.
In addition, it is not uncommon for illicit dumping of
waste material — particularly used motor oil —to occur at
catch basins and drainage facilities. Periodic cleaning of
catch basins and storm drains would provide the
following benefits:
N15
Street Sweeping of Private Streets and Parking Lots
The City of Newport Beach shall require that the streets and parking areas within the site
be swept prior to the storm season, no later than October 1 of each year.
Site Design – Concept 1
SD -1.1
Minimize impervious footprint
The impervious footprint shall be kept at a minimum, where possible. Ramps and walks
will be designed to provide a route compliant with Americans with Disabilities Act (ADA)
accessibility requirements with consideration for minimizing the impervious footprint and
maximizing pervious landscape areas.
SD -1.2
Conserve natural areas
A natural habitat area located between the park and the entry road shall be preserved.
SD -1.3
Use of permeable paving or other surfaces
Permeable pavers or other permeable material may be used for the park parking lot.
SD -1.4
Design to minimum widths necessary
The walkways and parking lot aisles shall be designed to the minimum widths necessary.
SD -1.5
Maximize canopy interception and water conservation
Canopy interception and water conservation shall be addressed by preserving existing
trees and shrubs deemed necessary by the City of Newport Beach.
SD -1.6
Minimize impervious surfaces in landscaping
The landscape design shall minimize the use of impervious surfaces. Pervious materials
(such as pervious pavers, turf, permeable concrete, etc.) should be considered in the
design, if applicable and feasible.
SD -1.7
Use natural drainage systems
Natural drainage systems such as vegetated swales and vegetated dry creeks shall be
incorporated into the design.
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Sunset Ridge Park
TABLE 2 (Continued)
BEST MANAGEMENT PRACTICES AND SITE DESIGN CONCEPTS
(From Appendix I of the EIR)
BMP
Description
Implementation
Site Design — Concept 2
SD -2.1
Adjacent Landscaping
All walkways shall drain into adjacent landscaping. The parking lot shall drain into the
vegetated dry creek for cleansing.
SD -2.2
Vegetated Drainage Swales
Vegetated drainage swales shall be considered a treatment - control BMP, for the Project.
SD -2.3
Site Drainage System
Direct runoff from park walkways and landscaping shall be directed to a vegetated swale
or the proposed area drain system. All runoff shall be directed or routed via drainlines to
the appropriate treatment- control system prior to entering the existing Reinforced
Concrete Box storm drain system in West Coast Highway. The entry road flows shall drain
into an adjacent vegetated swale for cleansing. Entry road peak flows shall be collected by
a catch basin. Parking lot flows would travel through a proposed vegetated dry creek for
cleansing and would be picked up by an area drain system.
SD -2.4
Driveway Design
The entry road shall be designed to route "first flush" flows into a vegetated swale for
cleansing.
SD -2.5
Parking Area Design
The proposed park parking lot may use permeable pavers. Drainage design for the
parking lot would drain flows into the vegetated dry creek for cleansing.
Treatment - Control
Option 1
A vegetated swale shall be used to treat the soccer fields, the baseball field, memorial garden, and adjacent proposed landscaping.
• A vegetated swale /detention basin shall be used to treat runoff from the entry road and from adjacent proposed landscaping.
• A vegetated dry creek shall be used to treat parking lot runoff.
• A storm filter vault shall be used to treat the remaining required "first flush" flows not treated by other systems. The vault shall be used to treat
the "equivalent' required "first flush" from Superior Avenue and development north of the Project site.
Option 2
• A vegetated swale /detention basin shall be used to treat the entry road and adjacent runoff from proposed landscaping.
• A vegetated dry creek shall be used to treat the parking lot.
• A storm filter vault shall be used to treat the remaining required "first flush" flows not treated by other systems. The vault shall be used to treat
the "equivalent" required "first flush" from development north of the Project site.
Other
• Rain Gardens
Available
• Cisterns
Measures
• Pervious Pavers
• Infiltration Systems
• Vegetated Grass Strips
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Sunset Ridge Park
Inspection /Maintenance Responsibilities for BMPs
Inspection and maintenance of BMPs shall be implemented by the City of Newport Beach prior
to completion of the Project. These responsibilities are presented in Table 4.10 -7 for structural
and non - structural BMPs. Upon final design of treatment - control BMPs, a similar matrix shall be
developed that specifies maintenance responsibilities for treatment - control measures.
The City of Newport Beach shall retain all maintenance records for a period of at least five years
from the date generated. Those records shall be available for review by government agencies.
The methods used for inspection and maintenance shall conform to the guidelines outlined in
the Orange County Drainage Area Management Plan.
TABLE 3
BMP INSPECTION AND MAINTENANCE RESPONSIBILITY MATRIX
(From Appendix I of the EIR)
BMP
Reference
No.
BMP
Responsibility
Frequency
S1
Provide Storm Drain
Implemented and maintained by
Initially done by contractor during
System Stenciling and
the City of Newport Beach.
construction of the catch basins and
Signage
then repainted every 5 years. Inspect
annually and repaint as necessary.
S3
Use Efficient Irrigation
Implemented and maintained by
Monitor landscape irrigation areas
Systems and Landscape
the City of Newport Beach.
weekly in conjunction with maintenance
Design
activities.
S4
Protect Slopes and
Implemented and maintained by
Monitor and /or clean once a week, in
Channels
the City of Newport Beach.
conjunction with maintenance activities.
N1, N2
Education and Activity
The City of Newport Beach will
Continuous.
Restrictions
provide educational materials for
park users regarding
downstream water quality, as
required.
N3
Landscape Management
Implemented by the City of
Monthly review of landscape
of Common Areas
Newport Beach, which will
maintenance and irrigation procedures
provide ongoing maintenance of
to ensure effectiveness.
common areas consistent with
County- approved water quality
guidelines.
N11
Common Area Litter
Implemented and maintained by
Weekly sweeping and trash pickup
Control
the City of Newport Beach.
within landscape areas and outside
walkways. Daily inspection of trash
receptacles to ensure that lids are
closed and any excess trash on the
ground is picked up.
N14
Catch Basin Inspection
Implemented and maintained by
Yearly to clean debris and silt in bottom
the City of Newport Beach.
of catch basins. Intensified around
October 1 of each year prior to "first
flush" storm.
N15
Street Sweeping
Implemented and maintained by
Weekly vacuum sweeping. Intensified
the City of Newport Beach.
around October 1" of each year prior to
"first flush" storm.
TC -Opt 1/2
Proprietary Control
Implemented and maintained by
Minimum 2 scheduled visits per year,
Measure(s)
the City of Newport Beach
scheduled seasonally in the spring and
and /or Manufacturer.
fall.
TC -Opt 112
Vegetated and Riparian
Implemented and maintained by
Monitor and /or clean once a week, in
Bioswale; Bioretention
the City of Newport Beach.
conjunction with maintenance activities,
Dry Creek
as required.
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2010 -29 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 23rd day of
March, 2010, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 24th day of March, 2010.
�Zki prfwv-�
City Clerk
Newport Beach, California
(Seal)