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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 i i 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 Sunset Ridge Park Findinas of Fact 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 C let... Files1Gdneot ONlcak\VJIEVWR rdio,s of Fact.G31710 doe i Table of INTRODUCTION A. FINDINGS OF FACT Sunset Ridge Park Findinas of Fact 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 C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \Content Outlook\VJ1FV94F \Findings of Fact- 031710.doc Introductic Sunset Ridge Park Findinas of Fact 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; C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \Content Outlook\VJ1FV94F \Findings of Fact- 031710.doc Introductic Sunset Ridge Park Findinas of Fact 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). C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \Content Outlook\VJ1FV94F \Findings of Fact- 031710.doc 3 Introductic PROJECT SUMMARY A. PROJECT LOCATION Sunset Ridge Park Findinos of Fact 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 C \Documents and SetfingObrownTceel Settings \Temparary Internet Files \Content Outlook\VJ1 FV94F \Findings of Fact- 031710.doc Project Sb Sunset Ridge Park Findinas of Fact 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; C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \Content Outlook\VJ1FV94F \Findings of Fact- 031710.doc Project Sb Sunset Ridge Park Findinas of Fact • 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 C: \Documents and Setting0brownTonal Settings \Terdparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 6 Project St, Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 7 Project Sb Sunset Ridge Park Findinos of Fact 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? C: \Documents and SettingObrownTceal Settings \Temparary Internet Files \Content Outlook\VJ1FV94F \Findings of Fact- 031710.doc Project Sb Sunset Ridge Park Findinos of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent Outlook\VJ1FV94F \Findings of Fact- 031710.doc 9 Project Sb Sunset Ridge Park Findinos of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent Outlook\VJ1FV94F \Findings of Fact- 031710.doc 10 Project Sb Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \Content Outlook\VJ1FV94F \Findings of Fact- 031710.doc 11 General F Sunset Ridge Park Findinas of Fact 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 C: \Documents and Setting0brawnTacal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 12 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents end Setting0brown\Local Settings \Tempamry Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 13 Findings c Sunset Ridge Park Findinas of Fact 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 C: \Documents and Setting0brownTonal Settings \Terdparary Internet Files \C ntent Outlook\VJ1FV94F \Findings of Fact- 031710.doc 14 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \Content outicok\VJ1 FV94F \Findings of Fact- 031710.doc 15 Findings c Sunset Ridge Park Findinas of Fact 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 C: \Documents end Setting0brown\Local Settings \Temparery Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 16 Findings c Sunset Ridge Park Findinas of Fact 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 C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 17 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SettingObrownTceal Settings \Temparary Internet Files \Content Outlook\VJ1FV94F \Findings of Fact- 031710.doc 18 Findings c Sunset Ridge Park Findinas of Fact 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. C \Documents end Setting0brown\Local Settings \Temparery Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 19 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SettingObrownTceel SettingsUemparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 20 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 21 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 22 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 23 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 24 Findings c Sunset Ridge Park Findinas of Fact 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 C: \Documents and Setting0brownTonel Settings \Temparary Internet Files \C ntent Outlook\VJ1FV94F \Findings of Fact- 031710.doc 25 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SettingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 26 Findings c Sunset Ridge Park Findinas of Fact 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 C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 27 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent Outlook\VJ1FV94F \Findings of Fact- 031710.doc 28 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent Outlook\VJ1FV94F \Findings of Fact- 031710.doc 29 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 30 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 31 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \Content Outlook\VJ1FV94F \Findings of Fact- 031710.doc 32 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent Outlook\VJ1FV94F \Findings of Fact- 031710.doc 33 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJIE 94F \Findings of Fact- 031710.doc 34 Findings c Sunset Ridge Park Findinas of Fact 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 C \Documents and SettingObrownTceel Settings \Temparary Internet Files \C ntent Outlook\VJ1FV94F \Findings of Fact- 031710.doc 35 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 36 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 37 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 38 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 39 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 40 Findings c Sunset Ridge Park Findinas of Fact 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 C: \Documents and SettingObrawnTceal Settings \Temparary Internet Files \C ntent Outlook\VJ1FV94F \Findings of Fact- 031710.doc 41 Findings c Sunset Ridge Park Findinas of Fact 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 C: \Documents and SettingObrown\Local Settings \Terdparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 42 Findings c Sunset Ridge Park Findinas of Fact 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 CiCOCUments and SettingslbrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 43 Findings c Sunset Ridge Park Findinas of Fact 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, C: \Documents and Setting0brownTonel SettingsUemparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 44 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 45 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent Outlook\VJ1FV94F \Findings of Fact- 031710.doc 46 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent Outlook\VJ1FV94F \Findings of Fact- 031710.doc 47 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent Outlook\VJ1FV94F \Findings of Fact- 031710.doc 48 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 49 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and Setting0brawnTocal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 50 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SettingObrownTceal Settings \Temparary Internet Files \C ntent Outlook\VJ1FV94F \Findings of Fact- 031710.doc 51 Findings c Sunset Ridge Park Findinas of Fact 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 C: \Documents and Setting0brawnTocal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 52 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 53 Findings c Sunset Ridge Park Findinas of Fact 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 Cinocurdents and SetfingObrownTceal SettingsUemparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 54 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 55 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent outlook\VJ1FV94F \Findings of Fact- 031710.doc 56 Findings c Sunset Ridge Park Findinas of Fact 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, C: \Documents and SettingObrownTceal Settings \Temparary Internet Files \C ntent Outlook\VJ1FV94F \Findings of Fact- 031710.doc 57 Findings c Sunset Ridge Park Findinas of Fact 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. C: \Documents and SetfingObrownTceal Settings \Temparary Internet Files \C ntent Outlook\VJ1FV94F \Findings of Fact- 031710.doc 58 Findings c 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 C: \Documents and Setting0brownTocal Settings \Temparary Internet Files \Content Outicok\VJ1 FV94F \MMRP- 031610 tloc Mitigation Sunset Ridge Park 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 C: \Documents and SettingObrownTceal Settings \Temparary Internet Files \Content Outicok\VJ1 FV94F \MMRP- 031610 tloc Mitigation Sunset Ridge Park 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. C: \Documents and Setting0brownTocal Settings \Temparary Internet Files \Content Outicok\VJ1 FV94F\MMRP- 031610 tloc Mitigation Sunset Ridge Park SUNSET RIDGE PARK MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet FIleskGontentouticok Ml EV94RMMRP- 031610 .doc 4 Mitigation Monitoring and Reporting Program 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 C: \Documents and SettingsVbrownTccal Settings \Temporary Internet FIleskGontentouticok Ml EV94RMMRP- 031610 .doc 4 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\Content.OutleokMl EV94RMMRP- 031610 .non, 5 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion Date Initials Timing 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. C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\Content.OutleokMl EV94RMMRP- 031610 .non, 5 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\COntentouticokMI EV94RMMRP- 031610 .doc 6 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion Date Initials Timing Mitigation Measures Monitoring /Implementation 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. C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\COntentouticokMI EV94RMMRP- 031610 .doc 6 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C Monuments and SettingsVbrownTanal Settings \Temporary Internet Files\COntenLOutlookMI EV94RMMRP- 031610 .don 7 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion Date Initials Timing Mitigation Measures Monitoring /Implementation 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 C Monuments and SettingsVbrownTanal Settings \Temporary Internet Files\COntenLOutlookMI EV94RMMRP- 031610 .don 7 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet FileskC ntent. Outlook \VJ1EV96F \MMRP- 031610 .doc 8 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion Date Initials Timing Mitigation Measures Monitoring /Implementation 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. C: \Documents and SettingsVbrownTccal Settings \Temporary Internet FileskC ntent. Outlook \VJ1EV96F \MMRP- 031610 .doc 8 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM CADocuments and SettingsVbrownTcrai Settings \Temporary Internet Files \Content. Outlook \VJ1EV94F \MMRP- 031610 .tloc 9 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion Date Initials Timing Mitigation Measures Monitoring /Implementation 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 CADocuments and SettingsVbrownTcrai Settings \Temporary Internet Files \Content. Outlook \VJ1EV94F \MMRP- 031610 .tloc 9 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\ContentoutleokMI EV94RMMRP- 031610 .doc 10 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion Date Initials Timing Mitigation Measures Monitoring /Implementation 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 C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\ContentoutleokMI EV94RMMRP- 031610 .doc 10 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet FileskC ntent. Outlook \VJ1EV94F \MMRP- 031610 .ran 11 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion Date Initials T1 Mitigation Measures Monitoring /Implementation 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 C: \Documents and SettingsVbrownTccal Settings \Temporary Internet FileskC ntent. Outlook \VJ1EV94F \MMRP- 031610 .ran 11 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Timing Project Design Features /Conditions of Approval/ Mitigation Measures Responsible for Monitoring /Implementation Completion Date Initials 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. C: \Documents and SettingsVbrownTccal Settings \Temporary Internet FileskC ntent. Outlook \VJ1EV96F \MMRP- 031610 .ran 12 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files \Content. Outlook \VJIE 94F \MMRP- 031610 .ran 13 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion Date Initials Timing Mitigation Measures Monitoring /Implementation 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; C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files \Content. Outlook \VJIE 94F \MMRP- 031610 .ran 13 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files \C ntent.Outlook \VJIE 94F \MMRP- 031610 .ran 14 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion Date Initials Timing Mitigation Measures Monitoring /Implementation 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 C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files \C ntent.Outlook \VJIE 94F \MMRP- 031610 .ran 14 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files \C ntent.Outlook \VJIE 94F \MMRP- 031610 .ran 15 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion Date Initials Timing Mitigation Measures Monitoring /Implementation 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 C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files \C ntent.Outlook \VJIE 94F \MMRP- 031610 .ran 15 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\COntentoutlookMI EV94RMMRP- 031610 .ran 16 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion Date Initials Timing Mitigation Measures Monitoring /Implementation 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), C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\COntentoutlookMI EV94RMMRP- 031610 .ran 16 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM Timing Project Design Features /Conditions of Approval/ Mitigation Measures Responsible for Monitoring /Implementation Completion Date Initials 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. C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files \C ntent.Outlook \VJIE 94F \MMRP- 031610 .ran 17 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\Content.OuticoiMl EV94RMMRP- 031610 .doc 18 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion Date Initials Timing — Mitigation Measures Monitoring /Implementation 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 C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\Content.OuticoiMl EV94RMMRP- 031610 .doc 18 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C:0acureents and SettingMbrown\Loczi SettingsMrnporary Internet Fiies \GontenL0utIcokW1 EVINIRMMRP- 031610 . don 19 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion Date Initials Timing Mitigation Measures Monitoring /Implementation 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 C:0acureents and SettingMbrown\Loczi SettingsMrnporary Internet Fiies \GontenL0utIcokW1 EVINIRMMRP- 031610 . don 19 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet FileskC ntent. Outlook \VJ1EV94F \MMRP- 031610.doc20 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ 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 C: \Documents and SettingsVbrownTccal Settings \Temporary Internet FileskC ntent. Outlook \VJ1EV94F \MMRP- 031610.doc20 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\Content.OuticokMl EV94RMMRP- 031610 .doc21 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion 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. C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\Content.OuticokMl EV94RMMRP- 031610 .doc21 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\Content.OuticokMl EV94RMMRP- 031610 .doc22 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ 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. C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\Content.OuticokMl EV94RMMRP- 031610 .doc22 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\Content.OuticokMl EV94RMMRP- 031610 .doc23 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion 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. C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\Content.OuticokMl EV94RMMRP- 031610 .doc23 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\Content.OutleokMl EV94RMMRP- 031610 .doc24 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ 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). C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\Content.OutleokMl EV94RMMRP- 031610 .doc24 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C:NDocuments and SettingsVbrownTccal Settings \Temporary Internet FilesNContent.OuticokMl EV94RMMRP- 031610.doc25 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ Responsible for Completion 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. C:NDocuments and SettingsVbrownTccal Settings \Temporary Internet FilesNContent.OuticokMl EV94RMMRP- 031610.doc25 Mitigation Monitoring and Reporting Program Sunset Ridge Park SUNSET RIDGE PARK PROJECT (Continued) MITIGATION MONITORING AND REPORTING PROGRAM C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\Content.OuticokMl EV94RMMRP- 031610 .doc26 Mitigation Monitoring and Reporting Program Project Design Features /Conditions of Approval/ 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 C: \Documents and SettingsVbrownTccal Settings \Temporary Internet Files\Content.OuticokMl EV94RMMRP- 031610 .doc26 Mitigation Monitoring and Reporting Program 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 C: \Documents and SettingObrownTceal Settings \Temparary Internet Files \Content 0uticok\VJ1 E 94F \MMRP- 031610 tloc A -1 Appendix. 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. C: \Documents and SettingObrownTceal Settings \Temparary Internet Files \Content 0uticok\VJ1 FV94F \MMRP- 031610 tloc A -2 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. C: \Documents and SettingsVbrownTccal SettingsMraporary Internet Files\Content.OuticokMl EV96F\MMRP- 031610 .docA -3 Appendix A 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. C: \Documents and SettingsVbrownTccal SettingsMraporary Internet Files\Content.OutleokMl EV94RMMRP- 031610 .docA -4 Appendix A 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. C: \Documents and SettingsVbrownTccal SettingsMraincrary Internet Files\Content.Outicol WJ1 EV94RMMRP- 031610.docA -5 Appendix A 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 C: \Documents and SettingsVbrownTccal SettingsMraincrary Internet Files\Content.OutleokMl EV96F\MMRP- 031610 .docA -6 Appendix A 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. C: \Documents and SettingObrownTceal Settings \Temparary Internet Files \Content 0uticok\VJ1 E 94F \MMRP- 031610 tloc A -7 Appendix. 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)