HomeMy WebLinkAbout2.2_LDS materials recd after packet delivery_2Material(s) received after the Planning
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11/1712209 11:24 9497242592 CALTRANS °AC,E 01101
4RNOlA7GIWAR7ENEGGTn Covcmor
DEPARTMENT OF TRANSPORTATION
District 12
333' Micbclson Drivc. n6tc 380
Irvine, CA 92612.8894
Td: 049) 724-2267
rsx. (M.) 724 -2592
November 17, 2009
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Makana Nova
City of Newport Beach
3300 Newport Blvd.
Newport Beach: CA 92658 -8915
Subject LAS Rectory
Dear Ms.Nova,
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nr efrenam:
File: 1CrR/CEQ A
SCH9: 2009101068
Log 9: 2387
SR -73
Thank you for the opportunity to review and comment on the Mitigated Negative Declaration for the
LDS Rectory project. The Church of Jesus Christ Latter Day Saints proposes the construction of a
rectory (residence) building with. 1,825 square feet of living space and a 491 square foot attached 2 -car
garage. The proposed building is an accessory use to an eNisting place of religious worship, The nearest
State route to the project site is SR -73.
The California Department of Transportation (Department), District 12 is a commenting agency on this
project and we have no comment at this time. However, in the event of any activity within the
Department's right-of-way, an encroachment permit will be required.
Please continue to keep us informed of this project and any future developments, which could
potentially impact State transportation facilities. If you have any questions or need to contact us. please
do not hesitate to call Damon Davis at (949) 440 -3487.
a lavi, feting Branch Chief
Local Development/Intergovernmental Rcview
C: Terror- Roberts, Offce of Planning and Research
RECEIVED BY
PLANNING DEPARTMENT
NOV 17 2009
CITY OF NEWPORT BEACH
Cm!raru fm /:rpnv< mobj?" ". an »as Caittnmia '
Nova, Makana
From:
Matthew Chirdon [MChirdon @dfg.ca.gov)
Sent:
Tuesday, November 17, 2009 3:36 PM
To:
Nova, Makana
Subject:
Comments on LDS Rectory SCH #2009101069
Attachments:
Attachment 1 for NOP comment letters - Rare Plant and Vag Commun Gutdeiines.pdf
The biological survey described in Appendix E describes a general
vegetation survey conducted on foot west of the chain link fence and
with binoculars east of the chain link fence (page 5). This survey was
hot expressly conducted to identify rare, threatened, or endangered
plants and was not floristic in nature. MM -BR.1 indicates surveys of the
project site or project construction within the fuel modification zone
are a condition of approval. Biological surveys for sensitive species z
should be conducted prior to the release of the IS /MND. These surveys h7
must be conducted at the appropriate time of year for the particular
species targeted. The results of the surveys should have been includedO
in the IS /MND along with a comprehensive analysis based on the survey y
data so that the reviewing agencies, the public and decision makers CO
accurately gage the project's potential effect on sensitive biological
resources, and to determine that any associated mitigation measures n
reduces the project's effects on biological resources to a level of
less then significant. The Department has attached our guidance to
entities assessing the natural plant communities.
Regards,
Matt Chirdon
Environmental Scientist
Region 5
PO Box 998
Oceanside, CA 92049 -0998
(Office)(760) 757 -3734
(Fax)(760) 757 -3734
I will be out of the office the first, second, and third Friday of each
month pursuant to Governor's Executive Order S -16 -08
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Guidelines for .Assessing the Effects of Proposed Projects on Rare, �i'�jeCtlPs` rvtENT
Endantered Plants and Natural Communities
State of California
THE RESOURCES AGENCY NOV 17 1009
Deportment of Fish end Gat•.ne
December t%. I"!
Ret': >ell ltay S. 2(100
CITY OF NEWPORT BEACH
The following recommendations are intended to help those who prepare and review
environmental documents determine when a botanical survey is needed, who should be
considered qualified to conduct such surveys, how field surveys should be conducted,
and what information should be contained in the sun -ey report. The Department may
recommend that lead agencies not accept the results of surveys that are not conducted
according to these guidelines.
1. Botanical surveys are conducted in order to determine the environmental effects of proposed projects on all
rare, threatened, and endangered plants and plant communities. Rare, tlreatened, and endangered plants are not
necessarily limited to those species which have been "listed" by stale and federal agencies but should include any
species that, based on all available data, can be shown to be rare, threatened, and /or endangered under die
following definitions:
A species, subspecies, or t^ariety of plant is "endangered" when the prospects of its survival and reproduction are
in immediate jeopardy from one or more causes, including loss of habitat, change in habitat, over- exploitation,
predation, competition, or disease. A plant is "threatened" when it is likely to become endangered in the
foreseeable fuhre in the absence of protection measures. A plant is "rare" when, although not presently
threatened with extinction, die species. subspecies, or variety is found in such small numbers throughout its range
that it may be endangered if its envirom vent worsens.
Rare natural communities are those communities that are of highly limited distribution. These communities may
or may not contain rare, threatened, or endangered species. The most current version of the California Natural
Diversity Database's List of California Terrestrial Natural Communities may be used as a guide to the names and
status of communities.
2. It is appropriate to conduct a botanical field survey to determine if, or to the extent that, rare, threatened, or
endangered plants will be affected by a proposed project when:
a. Natural vegetation occurs on the site; it is unknown if rare, threatened, or endangered plants or habitats occur
on the site, and the project has the potential for direct or indirect effects on vegetation; or
b. Rare plants have historically been identified on the project site, but adequate information for innpaet
assessment is lacking.
3. Botanical consultants should possess the following qualifications:
a. Experience conducting floristic field surveys;
b. Knowledge of plant taxonomy and plant community ecology;
c. Familiarity with the plants of the area, including rare, threatened, and endangered species;
d. Familiarity with the appropriate state and federal statutes related to plants and plant collecting; and.
e. Experience with analyzing impacts of development on native plant species and connnutnities.
4. Field surveys should be conducted in a manner that vyill locate any rare, threatened, or endangered species that
may be present. SpeciticalV, rare, threatened, or endangered plant surveys should be:
a. Conducted in the field at the proper time of year when rare, threatened, .or endangered species are both evident
and identifiable. Usually. this is when the plants are flowering.
When rare, threatened, or endangered plants are known to occur in the types) of habitat preset in the project
vii
area, nearby accessible occurrences of the plants (reference sites) should be observed to determine that the
species are identifiable at the time of the survey.
b. Floristic in nature. A floristic survey requires that every plant observed be identified to the extent necessary
to determine its rarity and listing Status. In addition, a sufficient number of visits spaced throughout the gTowing
season are necessary to accurate.)" detennine what plants exist oil the site. In order to properly characterize the
site and document tile completeness of the survey. a complete list of plants observed on the sue should be
included in every botanical survey report.
c. Conducted in a manner that is consistent with conservation ethics. Collections (voucher specimens) of rare.
threatened, or endangered species. or suspected rare. threatened. or endangered species should be made oll!y
when such actions would not jeopardize the continued existence of the population and in accordance with
applicable state and federal permit requirements. A collecting permit from the Habitat Conservation Planning
Branch of DFG is required for collection of state - listed plant species. Voucher specimens should be deposited at
recognized public herbaria for future reference. Photography should be used to document plant identification and
habitat whenever possible, but especially when the population cannot withstand collection of voucher specimens.
d. Conducted using systematic Field techniques in all habitats of the site to ensure a thorough coverage of
potential impact areas.
e. Well documented. When a rare, threatened, or endangered plant (or-rare plant community) is located, a
California Native Species (or Conununity) Field Survey Form or equivalent written form, accompanied by a copy
of the appropriate portion of a 7.5 minute topographic map with the occurrence mapped, should be completed
and submitted to the Natural Diversity Database. Locations may be best, documented'using global positioning
Systems (GPS) and presented in map and digital forms as these tools become more accessible.
5. Reports of botanical field surveys should be included in or with environmental assessments, negative
declarations and mitigated negative declarations, Timber Harvesting Plans (THPs), EM's, and EIS's, and should
contain the Following information:
a. Project description, including a detailed map of the project location and sntdy area.
b. A written description of biological setting referencing the community nomenclature used and a
vegetation map.
c. Detailed description of survey methodology.
d. Dates of field surveys and total person -hours spent on field surveys.
e. Results of field survey including detailed maps and specific location data for each plant population found.
Investigators are encouraged to provide GPS data and maps documenting population boundaries.
f. An assessment of potential impacts. This should include a map showing the distribution of plants in
relation to proposed activities.
g. Discussion of the significance of rare, threatened, or endangered plant populations in the project area
considering nearby populations and total species distribution.
h. Recommended measures to avoid impacts.
i. A list of all plants observed on the project area. Plants should be identified to the taxonomic level
necessary to determine whether or not they are rare, threatened or endangered.
j. Description of reference sites) visited and phenological development of rare, threatened, or endangered
plant(s).
k. Copies of all California Native Species Field Survey Forms or Natural Conununity Field Survey Forms.
1. Name of field investigalor(s).
in. References cited, persons contacted, herbaria visited. and the location of voucher specimens.
viii
November 19, 2009
Matt,
At the request of the City of Newport Beach, included below is clarification of the project description and
mitigation measures as a request to reconsider your comments provided via e-mail on November 17,
2009, We would appreciate a response before the Planning Commission Hearing at 6:30PM on
Thursday. November 19. Please reply to all in response.
The proposed project involves two main construction actions.
1.) Construction of the rectory in a 2,316 sq ft project footprint. This construction involves demolition of
the existing parking lot and ornamental landscaping immediately adjacent to the parking lot only,
regrading of this project footprint, and construction of the foundation and rectory; and
2.) Fuel modification zone requirements in the open space separate from and abutting the east side of the
above described project footprint. These requirements include removal of all non - native combustible plant
species from this fuel modification zone and planting of fire - resistive plants.
As indicated in the introductory paragraph of Section 4.2 of the Biological Reconnaissance Survey
(Appendix E of the ISIMND), the only vegetation within the project footprint was the area west of the
chain - linked fence immediately adjacent to the parking lot, which was comprised solely of dense
ornamental, non - native vegetation and wood chips. As described under Section 4.2.1.1 and the "Sensitive
Plants" heading of Section 4.2, all 28 sensitive species identified with a potential to occur within the
project footprint were determined to be absent from the project footprint.
As described under the "Sensitive Plants" heading of Section 4.2, 17 sensitve species may potentially
occur in the proposed fuel modification zone (east of the chain - linked fence) only. The activities that
would occur within this area would comply with the fuel modification zone guidelines identified by the
Newport Beach Fire Department. This project consists of two fuel modification zones (Zone A and Zone
B). Zone A is immediately adjancent to, and extends 20 ft east of, the project footprint and is a setback
irrigated zone. Construction activities would involve pruning of foliage, removal of plant litter and dead
wood, and complete removal of non- native combustible plant species (above ground cutting method).
None of the potential sensitive plant species were identified as combustible plant species. Zone B is the
irrigated zone and is immediately adjacent to Zone A out to the property boundary. Construction activities
involve above ground cutting to maintain 18 inches for native vegetation and 8 inches for native grasses,
removal of non - native combustible plant species, and planting of fire resistant plants.
As identified in MM -BR.2 of the IS /MND, "Vegetation removal shall take place only under the supervision
of 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." This is in compliance with the Fire Department Guidelines. As identified in the Guidelines
for Assessing the Effects of Proposed Projects on Rare, Threatened, and Endangered Plants and Natural
Communities, it is appropriate to conduct a botanical field survey if rare, threatened, or endangered plants
will be affected by a proposed project. The proposed project will not impact sensitive plant species.
As an added measure to avoid impacts to sensitive species, MM -BRA proposes that "If a federal- or
state - listed endangered or threatened plant or wildlife species is found during surveys of the project site
or project construction within the fuel modification zone, 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
REDLANDS SAN OIECO CORPORATE OMCE RENO COACHELLA
ACJRESSEE INA.Mi:
November :19, 2009
?ape 2
necessary regarding avoidance measures." Consultation may involve the detailed discussion with
resource agencies regarding the species found and the fuel modification activities proposed and the
acceptance of those activities. MM -BR.1 does not indicate surveys are a condition of approval of the
IS/MIND. As stated above, MM -BR.2 was designed to avoid impacts to these species.
Mitigation Measures MM -BRA - MM-BR. 12 have been provided to reduce the projects effects on
biological resources to a level of less than significant. Based on the information in this e-mail, the
reviewing agencies, the public, and decision makers are able to accurately gage the project's potential
effect on sensitive biological resources as currently designed. If you have any questions or comments
regarding the biological information in this e-mail, please feel free to. contact myself or Mike McEntee
(949 -261 -5414 ext 7230).
We request you reconsider your request for biological surveys for sensitive species prior to the release of
the ISIMND. We would appreciate an e-mail response of concurrence to the proposed project and
mitigation measures as they currently are stated in the IS /MIND and as clarified by this e-mail.
Please reply to all in response.
Lisa Louie I Senior Biologist j Regulatory Specialist
5 Hutton Centre Drive, Ste. 750, Santa Ana, CA 92707
Tel: 949.261.5414 ext. 7289 1 Cell Phone: 949.933.9435
Email: Ilouie @chambersgroupinc.com ! Website: www.chambersarouoinc.com
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