HomeMy WebLinkAbout2.1_Revised Appendix A_LDS MMRPAPPENDIX A
MITIGATION MONITORING AND REPORTING PLAN
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
1
si.mentatidn'
Action
M"
Responsible Party
Vermclation'
Date
Aesthetics
MM AEA Lighting shall be in compliance with applicable standards
Condition of
Plan check
Prior to the
Planning Department
of the Zoning Code. Exterior on-site lighting shall be shielded and
approval
issuance of
confined within site boundaries. No direct rays or glare are
permits
permitted to shine onto public streets or adjacent sites or create a
public nuisance. 'WalpaW' type fixtures are not permitted. A
lighting plan shall be approved by the Planning Department prior
to the issuance of building permits.
MM AE.2 The site shall not be excessively illuminated based on
Condition of
Plan check
Prior to the
Planning Department
the luminance recommendations of the Illuminating Engineering
approval
issuance of
Society of North America, or, if in the opinion of the Planning
permits
Director, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources.
The Planning Director may order the dimming of light sources or
other remediation upon finding that the site is excessively
illuminated. Night lighting adjacent to the ESA shall be the lowest
illumination allowed for human safety, selectively placed,
shielded, and directly away from preserved habitat at the
maximum extent practicable. A lighting plan shall be approved by
the Planning Department prior to the issuance of building permits-
MM AE.3 Prior to the issuance of building permits, the applicant
Condition of
Plan check
Prior to the
Planning Department
shall prepare photometric study in conjunction with a final lighting
approval
issuance of
plan for approval by the Planning Department.
permits
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
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MM AEA Prior to issuance of the certificate of occupancy or final
Condition of
Evening field
Prior to issuance
Code and Water
of building permits, the applicant shall schedule an evening
approval
inspection
of final building
Quality Enforcement
inspection by the Code and Water Quality Enforcement Division
permits and after
Division
to confirm control of light and glare.
construction
Biological Resources
Condition of
Qualified
During surveys of
Planning Department
MM BRA If a federal- or state-listed endangered or threatened
approval
biological
the project site or
and Fire Department
plant or wildlife species is found during surveys of the project site
monitor
during
or project construction within the fuel modification zone,
construction
regardless of whether or not it is found during the blooming or
breeding season, the resource agencies shall be notified and a
consultation may be necessary regarding avoidance measures.
The applicant shall work with the Fire Department to develop a
strategy to protect the sensitive habitat areas from fuel
modification and ongoing maintenance of the fuel modification
zone.
MM 8R.2 Conduct protocol focused surveys to identify rare,
Condition of
Field
During
Planning Department
threatened, or endangered plants in accordance with United
approval
inspections and
construction
and Fire Department
States Fish and Wildlife Service (USFWS) guidelines (1997). If
supervision by
any rare, threatened, or endangered vegetation is observed,
a qualified
each plant shall be flagged and protected during construction. All
biological
brush clearing (except tree trimming and removal, see below) and
monitor
other construction activities within the fuel modification zone shall
occur outside the general avian breeding season. All brush
clearing and construction shall take place between September 16
and February 14 (i.e., outside of the general avian breeding
season of February 15 through September 15).
o Vegetation removal shall take place only under the
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
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. Impl®mentation
Method of
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Responsible Party
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supervision of a qualified biological monitor knowledgeable in
the identification of sensitive plant species. The monitor shall
flag sensitive and fire resistive plants so that the vegetation
removal crew can avoid impacts to these species.
o Tree trimming or removal shall only take place between
September 16 and December 31 (i.e., outside the raptor
breeding season of January 1 through September 15).
MM BR.3 In compliance with the Migratory Bird Act, if vegetation
Condition of
Qualified
Prior to issuance
Planning Department
removal within the project site (within the project footprint or fuel
approval
biological
of building
modification zone) must occur within the breeding season
monitor and
permits
(February 15 through September 15), the following surveys shall
construction
be conducted prior to the issuance of building permits. These
timeline
surveys shall take place prior to vegetation removal and
construction.
• Conduct protocol focused surveys for the coastal California
gnatcatcher in accordance with United States Fish and
Wildlife Service (USFWS) guidelines (1997).
• Survey for nesting activity of raptors within a 500 -foot radius
of the project site if vegetation removal must occur within the
avian breeding season (February 15 through September 15).
Surveys shall be conducted during appropriate nesting times
and concentrate on mature trees. If any active nests are
observed, the nest area shall be flagged and protected (while
occupied) during construction.
• Survey habitat in the project area and within a 300 -foot
radius. If any active nests are observed, the nest area shall
be flagged and protected (while occupied) during
construction.
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
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Implementation;,
Alle bod of
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Responsible Party
Verification
..:Action
Vnrti[t
Date
MM BR.4 Conduct a field survey of the property boundary prior to
Condition of
Field survey
Prior to issuance
Planning Department
issuance of building permits and stake the area proposed for fuel
approval
of building
modification. Should the mixed willow series and /or mule fat
permits.
series fall within the proposed fuel modification zone, coordination
with the City of Newport Beach Fire Department is recommended
to completely avoid these communities during vegetation
removal.
MM BR.S Vegetation removal shall take place outside of the
Condition of
Qualified
Prior to issuance
Planning Department
avian breeding season in order to avoid disturbance to potentially
approval
biological
of building
nesting least Bell's vireo. If vegetation removal must take place
monitor and
permits.
during the avian breeding season, bird surveys shall be
construction
conducted per recommendations described above in IV.a
timeline
(Biological Resources). Bird surveys shall be conducted prior to
issuance of building permits.
MM 1311.6 Conduct a field survey of the property boundary prior to
Condition of
Field survey
Prior to issuance
Planning Department
issuance of building permits and stake the area proposed for fuel
approval
of building
modification to verify whether this drainage feature lies within the
permits
proposed fuel modification zone.
MM BR.7 After the field study has been conducted and prior to
Condition of
Field survey
Prior to issuance
Fire Department
the issuance of building permits, coordinate with the City of
approval
of building
Newport Beach Fire Department to determine if this drainage
permits
feature can be completely avoided during fuel modification
activities. If the bed, bank, channel and riparian vegetation within
this drainage can be avoided entirely, Section 401, 404, and
1600 permits shall not be required.
MM BRA If the field survey determines the drainage features
Condition of
Field survey
Prior to issuance
Building Department,
exist within the proposed fuel modification zone and cannot be
approval
ilding permits
Army Corps of
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING
PLAN
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avoided, a formal jurisdictional delineation shall be required prior
Engineers, Regional
to issuance of building permits to determine the impacts to
Water Quality Control
SCACE /RWQCB /CDFG jurisdictional waters. Agency
Board, and
coordination shall be required based on the findings of the formal
Department of Fish
delineation.
and Game
MM 11311.9 Preparation of a Planting Plan that includes the
Condition of
Planting plan
Prior to issuance
Fire Department
following techniques instrumental for hillside stabilization:
approval
of building
permits
• Describes an above - ground cutting method, leaving
approximately 1" stumps.
• Provides a list of species for replacement planting that are
Instrumental for soil stability- These species shall be selected
from the City of Newport Beach Urban Wildland Interface
Area Standard for Hazard Reduction Fire Resistive Plant List.
This list can be found in Appendix C of the Biological
Reconnaissance Study conducted by Chambers Group, Inc.
(Appendix C). These plants shall also be native in order to
satisfy the recommendations provided below concerning
wildlife movement corridors.
• Provides direction in application of a soil binder to areas
where plants are removed.
• Replacement planting shall be part of an approved planting
plan approved by the Fire Department prior to issuance of
final building permits.
• New plants added during regular maintenance shall be
reviewed and approved by the Fire Department and updated
on the approved planting plan.
MM BRAD During preparation of a Planting Plan as described i
Condition of
Planting plan
Prior to issuance
Fire De artmeni
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
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Responsible Part
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above, replacement planting recommendations for Zone B of the
approval
of building
fuel modification zone shall consist, to the greatest extent
permits
feasible, of native plants characteristic of the California sagebrush
scrub vegetation community already present within the ESA. in
addition, these plants shall be selected for good hillside
stabilization as described above. Replacement planting shall be
part of an approved planting plan approved by the Fire
Department prior to issuance of final building permits,
MM BRA 1 Replacement planting with native plants characteristic
Condition of
Planting Plan
Prior to issuance
Fire Department and
of the California sagebrush scrub community, as mentioned
approval
of building
Planning Department
above, will minimize effects to the existing corridor. If this is not
permits
feasible, then an in-depth wildlife corridor study for the fuel
modification buffer may be required. Replacement planting shall
be part of an approved planting plan approved by the Fire
Department prior to issuance of final building permits.
MM BR.12 Signage on the boundary fencing shall state that
Condition of
Site plan and
Prior to issuance
Planning Department
access to areas north and east of the project site is prohibited
approval
sign plan at
of building
except for required fuel modification maintenance. Plans for
plan check
permits
signage shall be approved by the Planning Department prior to
issuance of building permits.
Cultural Resources
Mill CRA The archaeologist must be present at the pre-grading
Condition of
Attendance at
Prior to issuance
Building Department
conference in order to establish procedures for temporarily
approval
pre-grading
of permits and
halting or redirecting work to permit the sampling, identification,
conference and
during,
and evaluation of artifacts if potentially significant artifacts are
supervision by
construction
uncovered- If artifacts are uncovered and determined to be
certified
significant during construction, the archaeological observer shall
archaeologist
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING
PLAN
`Implementation
Method oY ;.
Timing
Responsible Party
Verification
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Vettfiaation,.:
Date
determine appropriate actions in cooperation with the property
owner /developer for exploration and /or salvage.
MM CR.2 Specimens that are collected prior to or during the
Condition of
Supervision by
Prior to and
Building Department
grading process will be donated to an educational or research
approval
certified
during grading
institution.
archaeologist
MM CR.3 Any archaeological work at the site shall be conducted
Condition of
Supervision by
During
Building Department
under the direction of the certified archaeologist during
approval
certified
constructlon
construction. If any artifacts are discovered during grading
archaeologist
operations when the archaeological monitor is not present,
and field
grading shall be diverted around the area until the monitor can
inspections
survey the area.
MM CRA A final report detailing the findings and disposition of
Condition of
Final
After grading and
Building Department
the specimens shall be submitted to the Building Department
approval
archaeological
prior to issuance
prior to issuance of final building permits. Upon completion of
report
of final building
grading, the archaeologist shall notify the City as to when the final
permits
report will be submitted.
MM CR.5 The paleontologist must be present at the pre - grading
Condition of
Attendance at
Prior to issuance
Building Department
conference in order to establish procedures to temporarily halt or
approval
pre - grading
of building
redirect work to permit the sampling, identification, and evaluation
conference and
permits and
of fossils. If potentially significant materials are discovered during
supervision by
during
construction, the paleontologist shall determine appropriate
certified
construction
actions in cooperation with the property owner /developer for
paleontologist
exploration and /or salvage.
MM CR.6 Specimens that are collected prior to or during the
Condition of
Supervision by
Prior to and
Building Department
grading process will be donated to an appropriate educational or
approval
certified I
durinq qradina
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
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Responsiblei Party
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research institution.
paleontologist
MM CR.7 Any paleontological work at the site shall be conducted
Condition of
Supervision by
During
Building Department
under the direction of the certified paleontologist during
approval
certified
construction
construction. If any fossils are discovered during grading
paleontologist
operations when the paleontological monitor is not present,
and field
grading shall be diverted around the area until the monitor can
inspections
survey the area.
MM CRA A final report detailing the findings and disposition of
Condition of
Final
After grading and
Building Department
the specimens shall be submitted to the Building Department
approval
paleontological
prior to issuance
prior to issuance of final building permits. Upon the completion of
report
of final building
grading, the paleontologist shall notify the City as to when the
permits
final report will be submitted.
MM CR.9 If human remains are encountered, the state
Condition of
Supervision by
During
Building Department
Health and Safety Code Section 7050.5 requires that no
approval
certified
construction
further disturbance shall occur until the county coroner has
paleontologist
made a determination of the origin and disposition pursuant
and field
to Public Resources Code 5097.98. The county coroner
inspections
must be notified immediately of the find. If the remains are
determined to be prehistoric, the coroner is required to notify
the Native American Heritage Commission (NAHC), which
will determine and notify a Most Likely Descendant (MLD).
With permission of the owner of the land or his/her authorized
representative, the descendent may inspect the site of the
discovery. The descendant shall complete the inspection
within 24 hours of notification of the NAHC. The MLD may
recommend scientific removal and nondestructive analysis of
human remains and items associated with Native American
burials.
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
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Geology and Soils
MM GA Replacement planting shall be required for Zone B of the
Condition of
Planting plan at
Prior to issuance
Fire Department
fuel modification area. Plants instrumental for hillside stabilization
approval
plan check
of building
shalt be selected from the City of Newport Beach Urban Wildland
permits and
Interface Area Standard for Hazard Reduction Fire Resistive
inspection prior to
Plant List and shall be installed after the iernoval of combustible
issuance of final
plants within Zone B of the fuel modification zone to provide
building permits.
proper soil stabilization and prevent hillside erosion. Plantings
shall be approved by the Fire Department prior to issuance of
building permits.
Hazards and Hazardous Materials
MM HZA The property owner/developer shall submit a Fuel
Condition of
Fuel
Prior to issuance
Fire Department
Modification Plan prior to the issuance of building permits to the
approval
modification
of building
Fire Department showing that a fuel modification zone will be
plan at plan
permits
provided from the structure up to the adjacent property line.
check
MM HZ.2 The property ownerideveloper shall meet all
Condition of
Fuel
Prior to issuance
Fire Department
requirements in Guideline G.03- "Construction Requirements for
approval
modification
of building
Special Fire Protection Areas" to the satisfaction of the Fire
plan at plan
permits
Department prior to the issuance of building permits.
check
MM HZ.3 The structure shall be provided with fire sprinklers at
Condition of
Plan check
Prior to issuance
Fire Department
plan check to the satisfaction of the Fire Department,
approval
of building
permits and
inspection