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HomeMy WebLinkAbout11 - Back Bay Landing - SupplementalMemorandum Agenda Item No. 11 February 11, 2014 Received After Agenda Printed CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92658 -8915 (949) 644 -3209 To: City Council From: Jaime Murillo, Senior Planner Date: February 11, 2014 Cc: Dave Kiff, Kimberly Brandt, Aaron Harp, Dave Webb Re: Back Bay Landing Mitigation Monitoring and Reporting Program (PA2011 -216) A revised Mitigation Monitoring and Reporting Program (MMRP) has been prepared that includes 11 Biological Resource Mitigation Measures (C -2 through C -12), which were inadvertently omitted from the published MMRP due to a collating error. To clarify, these are not new mitigation measures that were added, but rather existing mitigation measures which were included in the Draft EIR analysis and in the Draft City Council Resolution for certification of the Final EIR. Specifically, these mitigation measures were identified and discussed in the following locations: • Executive Summary in the DEIR (Pages ES -16 through ES -23). • Included in the summary of Mitigation Measures of the Biological Resources Chapter (Pages 4.0 -26 through 4.0 -41) and referenced through the impact analysis in the Biological resources Chapter. • Also included in the Draft Resolution for Certification of the FEIR, within the Findings and Facts (handwritten pages 37 through 42 of staff report). 4.0 MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the Back Bay Landing Project (the "proposed project ") in compliance with Section 21081.6 of the Public Resources Code and Section 15097 of the CEQA Guidelines, which is required for all projects where an Environmental Impact Report (EIR) or Mitigated Negative Declaration has been prepared. Section 21081.6 of the Public Resources Code states: " ...the [lead] 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 ... [and the program] shall be designed to ensure compliance during project implementation." The City of Newport Beach is the Lead Agency for the proposed project. This MMRP identifies the mitigation measures prescribed in the Final EIR to reduce the proposed projects potentially significant environmental impacts to a less than significant level. The MMRP for the proposed project will be in place through all phases of project implementation. The City shall be responsible for administering the MMRP activities to its staff, other City departments (e.g., Public Works Department), consultants, and /or contractors. The City will also ensure that mitigation monitoring is documented through reports and that deficiencies are promptly corrected. The designated environmental monitor (e.g., City building inspector, project contractor, certified professionals, etc., depending on the provisions specified below) will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to remedy problems. The MMRP lists mitigation measures according to the same numbering system contained in the FIR sections. Each mitigation measure is categorized by topic, with an accompanying discussion of the following: • The monitoring phase of the project during which the mitigation measure should be monitored (i.e., Operation, Construction, or Prior to Construction Activities); • The monitoring frequency of the mitigation measures (i.e., during periodic field inspection); and The enforcement agency (i.e., the agency with the authority to enforce the mitigation measure). The MMRP is included as Table 4 -1, Mitigation Monitoring and Reporting Program, below. City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -1 4.0 Mitigation Monitoring and Reporting Program This page is intentionally blank. December 2013 City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4-2 4.0 Mitigation Monitoring and Reporting Program Table 4 -1 Mitigation Monitoring and Reporting Program December 2013 City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -3 Implementation Responsible Compliance Mifiga&n Measure Documentation riming Monitoring Activity Monitor Verification Signature Date Biological Resources Mitigation Measure C -1: At the time of Site Development Review, the Construction At time of Site Review and Planning City shall require actions to prevent impacts to least terns if the schedule Dev. Review approve construction schedule overlaps with the least tern breeding season of April construction 1 — September 15. The specific actions will be determined at the time of schedule Site Development Review and will be based on conditions at that time, including least tern foraging. The actions will meet a standard of mitigating impacts to the least tern to a less than significant level, and may include During Construction Inspection Project Biologist the following types of actions. • Daily monitoring by a qualified biologist within 500 feet of construction activities once terns have arrived in the nesting colony (typically early April). • Contractor delay in commencing work if terns are present and actively foraging (e.g. searching and diving) within the work area. • Alternative distances and actions if it can be demonstrated that continuing construction within less than 500 feet and implementation of other construction period methods will not cause an adverse impact to the least tern. Should adverse impacts to terns occur (e.g. agitation or startling during foraging activities), construction shall cease until least terns have left the project site. Mitigation Measure C -2: The developer or a designated Construction At time of Site Review and Planning representative shall ensure that impacts to migratory raptor and songbird schedule Dev. Review approve species are avoided through one or more of the following methods: (1) construction vegetation removal activities shall be scheduled outside the nesting schedule season for raptor and songbird species (nesting season typically occurs from February 15 to August 31) to avoid potential impacts to nesting species (this will ensure that no active nests will be disturbed and that habitat removal could proceed rapidly): and/or (2) Any construction activities that occur during the raptor and songbird nesting season shall require that all suitable habitat be thoroughly surveyed for the presence of During Construction Inspection /Survey Project Biologist nesting raptor and songbird species by a qualified biologist before commencement of clearing. If any active nests are detected, a buffer of at least 300 feet 500 feet for raptors) shall be delineated, Flagged, and City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -3 4.0 Mitigation Monitoring and Reporting Program Table 4- 1(Continued) Mitigation Monitoring and Reporting Program December 2013 City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -4 Implementation Responsible Compliance Mitigation Measure Documentation riming Monitoring Activity Monitor Verification Signature Date avoided until the nesting cycle is complete as determined by the qualified biologist to minimize impacts. The developer or designated representative shall submit proof of compliance with this measure to the City of Newport Beach Community Development Department prior to tree removal activities on -site. Mitigation Measure C -3: During construction activities when dredging or Construction During Inspection Project other in -water work is occurring, a qualified biologist shall conduct daily Specifications Construction Biologist monitoring within 500 feet of construction activities. The contractor shall halt work if any observations of marine mammals are made. Work shall not re- commence until a qualified biologist determines that the mammal(s) have left the area. Mitigation Measure C -4: If in -water construction vessel traffic is needed, Construction During Inspection Project the vessels shall not exceed existing ambient speed for the area. Specifications Construction Biologist Mitigation Measure C -5: Prior to construction, the boundaries of the Construction During Inspection Project eelgrass beds, located nearshore of the Back Bay Landing site, shall be Specifications Construction Biologist staked with ridged PVC markers or self - centering buoys visible at all tide heights. The contractor shall protect, replace and maintain the markers /buoys as needed to ensure that they remain in place and propedy stake the boundaries of the eelgrass beds until the City certifies that all construction activities are complete. Mitigation Measure C -6: During shoreline work within 15 feet of eelgrass, Construction During Inspection Project which may involve construction of a bulkhead, dredging activities, or other Specifications Construction Biologist in -water work, eelgrass shall be protected by specific techniques to be determined by the City prior to construction. Techniques may include, but are not limited to, silt curtains deployed above the eelgrass and below the shoreline work area as determined to be necessary and appropriate to the impacts at the next level of approval by the City. Mitigation Measure C -7: Any impacts to eelgrass shall be mitigated Construction During Inspection Project through specific measures to be required by the City at the Site Specifications Construction Biologist Development Review stage. Examples of eelgrass mitigation include conformance to the City of Newport Beach Eelgrass Plan and to the requirements of the SCEMP, which mandates a minimum replacement City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -4 December 2013 Table 4- 1(Continued) Mitigation Monitoring and Reporting Program 4.0 Mitigation Monitoring and Reporting Program City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -5 Implementation Responsible Compliance Mitigation Measure Documentation riming Monitadrig Activity Monftor Verification Signature Date ratio of 1.2:1 for eelgrass impacts (NMFS 1991, revision 11), to the extent those plans are in effect and relevant and applicable to the site conditions at such time as construction of the bulkhead is proposed. In accordance with the requirements of the SCEMP, a pre - construction eelgrass survey shall be completed by a qualified biologist within 60 days Pre-construction Repot Eelgrass Report Construction Const action Offshore Survey Project Biologist prior to initiation of demolition or construction activities at the site. This survey shall include both area and density characterization of the beds. A post - construction survey shall be performed by a qualified biologist within 30 days following project completion to quantify any unanticipated losses to eelgrass habitat. Impacts shall then be determined from a comparison of pre- and post- construction survey results. Impacts to eelgrass, if any, would require mitigation as defined in the SCEMP. If required following the past - construction survey, a mitigation planting plan shall be developed, approved by the City and NMFS, and implemented to offset losses to eelgrass. Mitigation Measure C -8: Not more than 90 days prior to the initiation of Pre - construction 90 Days Offshore Survey Project construction activities near the shoreline, a survey for the invasive seaweed Caulerpa taxifolia shall be conducted by a certified Caulerpa Eelgrass Report Prorto Construction Biologist surveyor to determine the presence or absence of the species in the area affected by future construction and/or dredging activities. Mitigation Measure C -9: The project shall conform to the approved storm SWPPP Report At time of Site Review and Planning water pollution prevention plan (SWPPP) and shall incorporate Dev. Review approve SWPPP construction- related erosion /sediment control Best Management Practices as detailed in project plans for a future development on -site. These Building include, but are not limited to: installation and maintenance of an erosion /sediment barrier, covering stockpiled material prior to rain events, maintenance of equipment to prevent runoff of grease and oil into adjacent waters, and providing equipment and staff as required to repair and/or implement erosion /sediment control measures. Mitigation Measure C -10: The project shall conform to the approved Construction During Inspection Planning storm water pollution prevention plan (SWPPP) and shall incorporate Specifications Construction construction- related erosion /sediment control Best Management Practices as detailed in the project plans for a future development on -site. These Building include, but are not limited to: installation and maintenance of an erosionlsediment barrier, covering stockpiled material prior to rain events, City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -5 4.0 Mitigation Monitoring and Reporting Program Table 4- 1(Continued) Mitigation Monitoring and Reporting Program December 2013 City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -6 Implementation Responsible Compliance Mitigation Measure Documentation riming Moniloring Activity Manila Verification Si nature Date maintenance of equipment to prevent runoff of grease and oil into adjacent waters, and providing equipment and staff as required to repair and /or implement erosion /sediment control measures. Mitigation Measure C -11: During shoreline work, a turbidity curtain shall Construction During Inspection Building be deployed above the water line and below the shoreline work area in Specifications Construction Project order to minimize adverse water quality- related impacts to jurisdictional Biologist waters. Mitigation Measure C -12: A project - specific jurisdictional delineation shall Jurisdictional At time of Site Review and Planning be conducted for future on -site development as part of the Site Delineation Report Dev. Review approve Development Review process once a development application is construction plans submitted. The jurisdictional delineation shall determine the nature and extent of impacts to jurisdictional features resulting from future Inspection p development, including impacts related to dredging required for the During Project construction of a new water inlet for the proposed dry stack boat storage Construction Biologist/ facility in Planning Area 1. Based on the nature and extent of impacts Regulatory identified, mitigation shall be provided that includes, but is not limited to, Specialist on- or off -site creation, restoration, or enhancement of wetland habitat, subject to review and approval by affected resource agencies. Cultural Resources Mitigation Measure D -1: A qualified archaeologist shall be retained by Selection of qualified Plan check Approval of Planning the applicant to review grading plans and geotechnical information and archaeologist, prior to selected qualified prepare a monitoring plan for all ground- disturbing activities in previously review of grading issuance of a archaeologist and undisturbed soils and sediments. A qualified archaeologist is defined as plans and grading permit review and an archaeologist meeting the Secretary of the Interior Professional geotechnical approval of Qualification Standards for Archaeology. Ground - disturbing activities information, During grading plans, Project include primary construction - related activities and any associated preparation of a Construction geotechnical Archeologist secondary activities for support services such as utilities. In the event that monitoring plan information and archaeological resources are identified during monitoring or unexpectedly monitoring plan during excavations in fill sediments, all work proximal to the discovery shall halt until the qualified archaeologist has evaluated the find. If the Inspection archaeologist determines that the find is significant or may qualify as significant, the archaeologist shall prepare a treatment plan. If the find is prehistoric or includes Native American materials, affiliated Native City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -6 December 2013 Table 4- 1(Continued) Mitigation Monitoring and Reporting Program 4.0 Mitigation Monitoring and Reporting Program City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -7 Implementation Responsible Compliance Miff afion Measure Documentation riming Monitoring Activity Monitor Verification Signature Date American groups shall be invited to contribute to the treatment plan. Results of monitoring and any archaeological treatment shall be reported in an appropriate technical report to be filed with the applicant, the City of Newport Beach, and the CHRIS- SCCIC. The applicant, in consultation with the lead agency and archaeologist, shall designate repositories (e.g. museums) in the event that resources are recovered. Mitigation Measure D -2: A qualified paleontologist shall be retained by Selection of qualified Plan check Approval of Planning the applicant to perform periodic inspections of excavation and grading paleontologist, prior to selected qualified activities on the project site where excavations into the older Quaternary periodic inspections issuance of a paleontologist, Alluvium, Capistrano Formation, and/or Monterey Formation may occur. of excavation and grading permit review and The frequency of inspections shall be based on consultation with the grading activities approval of paleontologist and shall depend on the rate of excavation and grading grading plans, and activities, the materials being excavated, and if found, the abundance and completed Project type of fossils encountered. Monitoring shall consist of visually inspecting During periodic Paleontologist fresh exposures of sediment for larger fossil remains and, where Construction inspections appropriate, collecting wet or dry screened sediment samples of promising horizons for smaller fossil remains. If a potential fossil is found, the paleontologist shall be allowed to temporarily divert or redirect grading and other excavation activities in the area of the exposed fossil to facilitate evaluation and, if necessary, salvage. At the paleontologist's discretion and to reduce any construction delay, the grading and excavation contractor shall assist in removing rock samples for initial processing. Any fossils encountered and recovered shall be prepared to the point of identification and catalogued before they are donated to their final repository. Accompanying notes, maps, and photographs shall also be fled at the repository. Following the completion of the above tasks, the paleontologist shall prepare a report summarizing the results of the monitoring and fossil finds, if any, the methods used in these efforts, as well as a description of the fossils collected and their significance, if any. The report shall be submitted by the applicant, the City of Newport Beach, the Natural History Museum of Los Angeles County, and representatives of other appropriate or concerned agencies. City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -7 4.0 Mitigation Monitoring and Reporting Program Table 4- 1(Continued) Mitigation Monitoring and Reporting Program December 2013 City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -8 Implementafion Responsble Compliance " afion Measure Documentchon riming Mondaring Acffv#y Monilor Verification Si nature Date Mitigation Measure D -3: If human remains are unearthed during Selection of qualified During Complete periodic Contractor construction activities, State Health and Safety Code Section 7050.5 archaeologist, construction inspections requires that no further disturbance shall occur until the County Coroner periodic inspections has made the necessary findings as to origin and disposition pursuant to of excavation and Prior to Public Resources Code Section 5097.98. If the remains are determined to grading activities issuance of Project be of Native American descent, the County Coroner has 24 hours to notify Archeologist the Native American Heritage Commission (NAHC). The NAHC shall then occupancy identify the person(s) thought to be the Most Likely Descendent of the deceased Native American, who shall then help determine what course of action shall be taken in dealing with the remains. The Applicant shall then take additional steps as necessary in accordance with CECA, Guidelines Section 15064.5(e) and Assembly Bill 2641. Geology and Soils Mitigation Measure E -1: Prior to issuance of a grading permit, the Geotechnical Prior to Review and Building Applicant shall submit to the City of Newport Beach Community investigation issuance of a approve Development Department, Building Division Manager or his/her designee grading permit geotechnical for review and approval, a site - specific, design -level geotechnical investigation investigation prepared for each development parcel by a registered geotechnical engineer. The investigation shall comply with all applicable State and local code requirements and: a) Include an analysis of the expected ground motions at the site from known active faults using accepted methodologies; b) In consideration of the subterranean construction planned for the parking structure, include an evaluation of the groundwater table and its fluctuations through the installation of shallow observation wells. c) Determine structural design requirements as prescribed by the most current version of the California Building Code, including applicable City amendments, to ensure that structures can withstand ground accelerations expected from known active faults; d) Determine the final design parameters for walls, foundations, foundation slabs, utilities, roadways, parking lots, sidewalks, and City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -8 December 2013 Table 4- 1(Continued) Mitigation Monitoring and Reporting Program 4.0 Mitigation Monitoring and Reporting Program City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -9 Implementation Responsible Compliance " ation Measure Documentafion riming Monitoring Activity Monitor Verification Si nahire Date other surrounding related improvements. Project plans for foundation design, earthwork, and site preparation shall incorporate all of the mitigations in the site - specific investigations. The structural engineer shall review the site - specific investigations, provide any additional necessary measures to meet Building Code requirements, and incorporate all applicable recommendations from the investigation in the structural design plans and shall ensure that all structural plans for the project meet current Building Code requirements. The City's registered geotechnical engineer or third -party registered engineer retained to review the geotechnical reports shall review each site - specific geotechnical investigation, approve the final report, and require compliance with all geotechnical requirements contained in the investigation in the plans submitted for the grading, foundation, structural, infrastructure and all other relevant construction permits. The City shall review all project plans for grading, foundations, structural, infrastructure and all other relevant construction permits to ensure compliance with the applicable geotechnical investigation and other applicable Code requirements. Greenhouse Gas Emissions Mitigation Measure F -1: Prior to issuance of a building permit, the Project Project plans Prior to Review and Planning Applicant shall demonstrate that the design of the proposed buildings or issuance of a approve plans structures would exceed the Title 24 California Building Standards energy code requirements, based on the 2008 Energy Efficiency Standards, by 15 building permit Building percent. Mitigation Measure F -2: Prior to issuance of a building permit, the Project Review and Prior to Review and Planning Applicant shall demonstrate that the design of the proposed buildings or approval of grading issuance of a approve plans structures incorporates ENERGY STAR ® - rated, energy efficient T -8 high- plans building output fixtures, and /or compact fluorescent light (CFL), light- emitting diode permit (LED) and/or other comparable lighting fixtures. This measure shall apply to all exterior and publicly accessible interior lighting fixtures at the project site, including those outside the building envelope (e.g., on -site parking areas and walkway lighting). Documentation of compliance with this measure shall be provided by the project engineer to the City of Newport Beach Director of Community Development, or designee, for review and Installation of identified design features or Prior to issuance of a certificate of Inspection Building approval. Installation of the identified design features orequipment will be I I occupancy City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -9 4.0 Mitigation Monitoring and Reporting Program Table 4- 1(Continued) Mitigation Monitoring and Reporting Program December 2013 City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -10 Implementation Responsible Compliance Mitigation Measure Documentation riming Monitoring Activity Manila Verification Signature Date confirmed by the City of Newport Beach Director of Community equipment Development, or designee, prior to issuance of a certificate of occupancy. Mitigation Measure F -3: Prior to issuance of a building permit, the Project Project plans and Prior to Review and Planning Applicant shall demonstrate that the operation of outdoor lighting is limited issuance of a approve plans by the use of time - controlled exterior lighting. Documentation of building compliance with this measure shall be provided by the project engineer to permit the City of Newport Beach Director of Community Development, or designee, for review and approval. Installation of the identified design Prior to features or equipment will be confirmed by the City of Newport Beach Installation of issuance of Inspection Building Director of Community Development, or designee, prior to issuance of a identified design certificate certificate of occupancy. features or equipment occupancy Mitigation Measure F -4: Prior to issuance of a building permit, the Project Project Plans Prior to Review and Planning Applicant shall demonstrate that the design of the proposed buildings or issuance of a approve plans structures incorporates heating, cooling, and lighting devices and building appliances that meet or exceed ENERGY STAR® rated standards. permit Documentation of compliance with this measure shall be provided by the project engineer to the City of Newport Beach Director of Community Development, or designee, for review and approval. Installation of the Installation of Building identified design features or equipment will be confirmed by the City of identified design to Priorn Inspection Newport Beach Director of Community Development, or designee, prior to features or issuance ce of a issuance of a certificate of occupancy. equipment certificate of occupancy Mitigation Measure F -5: Prior to issuance of a building permit, the Project Project Plans Prior to Review and Planning Applicant shall demonstrate that the design of the proposed buildings or issuance of a approve plans structures incorporates enhanced insulation such that heat transfer and building thermal bridging is minimized in structures that will be mechanically heated permit and /or cooled. Documentation of compliance with this measure shall be provided to the City of Newport Beach Director of Community Development, or designee, for review and approval. Installation of the Installation of Building identified design features or equipment will be conducted by the contractor identified design Porto Inspection and confirmed by the City of Newport Beach Director of Community features or issuance of a Development, or designee, prior to issuance of a certificate of occupancy. equipment certificate of occupancy City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -10 December 2013 Table 4- 1(Continued) Mitigation Monitoring and Reporting Program 4.0 Mitigation Monitoring and Reporting Program City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -11 Implementation Responsible Compliance Miff ation Measure Documentation riming Mondodrig Actylly MonRor Verification Si nahire Date Mitigation Measure F -6: Prior to issuance of a certificate of occupancy, Installation of Prior to Inspection Planning the City of Newport Beach Director of Community Development, or identified design issuance of a designee, and the Project Applicant will document and verify, installation of features or certificate of the identified design features or equipment designed to limit air leakage through the structure or within the heating and cooling distribution system equipment occupancy Building to minimize energy consumption in structures that will be mechanically heated and/or cooled. Mitigation Measure F -7: Prior to issuance of a building permit, the Project Applicant shall demonstrate that the design of the proposed buildings or Project Plans Prior to issuance of a Review and approve plans Planning structures incorporates water - efficient products (bathroom sink faucets, building low -Flush urinals, dual -flush toilets, etc.) that meets or exceeds the permit CALGreen requirements. Documentation of compliance with this measure shall be provided to the City of Newport Beach Director of Community Development, or designee, for review and approval. Installation of the identified design features or equipment will be confirmed by the City of Newport Beach Director of Community Development, or designee, prior to issuance of certificate of occupancy. Installation of identified design features or equipment p orto issuance of a certificate of occupancy Inspection Building Mitigation Measure F -8: The project applicant shall provide designated Project Plans Prior to issue Review and Planning parking for alternative fueled, hybrid, or electric vehicles. City of Newport of building approve plans and Beach Director of Community Development, or designee, will verify permit inspection compliance and confirm implementation during construction. Mitigation Measure F -9: The Project Applicant shall provide designated Project Plans Prior to issue Review and Planning on -site bicycle parking areas and bicycle racks accessible to residents, of building approve plans and employees, and commercial uses. City of Newport Beach Director of permit inspection Community Development, or designee, will verify compliance and confirm implementation during construction. Mitigation Measure F -10: Prior to issuance of a grading or building Project plans and Prior to Review and Planning permit, the project plans and specifications shall include a statement that specifications with issuance of a approve plans delivery of construction equipment and materials will be scheduled such notes /statement grading or that queuing of trucks on and off site shall be minimized. The requirement building will be implemented by the contractor and verified by the City of Newport permit Beach Director of Community Development, or designee. City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -11 4.0 Mitigation Monitoring and Reporting Program Table 4- 1(Continued) Mitigation Monitoring and Reporting Program December 2013 City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -12 Implementation Responsble Compliance " afion Measure Documerdafion riming Monitaiing Acffv#y Monitor Verification Si nature Date Mitigation Measure F -11: Prior to issuance of a grading or building Project plans and Prior to Review and Planning permit, the City of Newport Beach Director of Community Development, or specifications with issuance of a approve plans designee, shall verify that project plans and specifications include a noteslstatement grading or statement that construction equipment shall be shut off when not in use, building shall not idle for more than 15 minutes, and that vehicles greater than permit 10,000 pounds shall be shut off when not in use and shall not idle for more than 5 minutes. Mitigation Measure F -12: Prior to issuance of a grading or building Project plans and Prior to Review and Planning permit, the City of Newport Beach Director of Community Development, or specifications with issuance of a approve plans designee, shall verify that project plans and specifications include a notes/statement grading or statement that the Construction Contractor shall select the construction building equipment used on site based on low- emission factors and high- energy permit efficiency and that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. Mitigation Measure F -13: Prior to issuance of a grading or building Project plans and Prior to Review and Planning permit, the City of Newport Beach Director of Community Development, or specifications with issuance of a approve plans designee, shall verify that project plans and specifications include a notes/statement grading or statement that the Construction Contractor shall utilize electric or building alternative -fuel powered equipment in lieu of gasoline or diesel powered permit engines where feasible. Mitigation Measure F -14: Prior to issuance of a grading or building Project plans and Prior to Review and Planning permit, the City of Newport Beach Director of Community Development, or specifications with issuance of a approve plans designee, shall verify that project plans and specifications include a notes /statement grading or statement that the Construction Contractor shall support and encourage building ridesharing and transit incentives for the construction crew. permit Hazards and Hazardous Materials Mitigation Measure G -1: A removal and treatment/remediation plan for Removal and Prior to Review and Planning the existing on -site 550 - gallon UST shall be prepared by the Project treatment/ issuance of a approval removal Applicant for submittal to the Santa Ana Regional Water Quality Control remediation plan grading permit and treatment/ Board (SARWQCB) and other appropriate agencies determined remediation plan appropriate in consultation with the SARWQCB for review and approval. The plan shall include but not be limited to monitoring of excavation by a City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -12 December 2013 Table 4- 1(Continued) Mitigation Monitoring and Reporting Program 4.0 Mitigation Monitoring and Reporting Program City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -13 implementation Responsible Compliance Miff afion Measure Documentation riming Monitoring Activity Monda Verification Signature Date certified environmental consultant to identify and sample groundwater and soils that may be contaminated; and excavation, treatment and disposal of contaminated groundwaterlsoil in compliance with applicable regulatory requirements. Written verification from the SARWQCB of approval of a dewatering plan /management plan completion shall be submitted to the City of Newport Beach Community Development Department prior to issuance of grading permit. Mitigation Measure G -2: If dredging of the bay occurs, disposal 404 permit Prior to Issuance of 404 Planning requirements for the dredged materials, which may contain elevated levels issuance of a permit of dichlorodiphenyltrichloroethane and dichlorodiphenyldichloroethylene grading permit (DDT and DDE) pesticide contamination, shall be confirmed with the appropriate regulatory agencies during the 404 permit process (i.e, Santa Ana Regional Water Quality Control Board and California Department of Fish and Game). Mitigation Measure G -3: If dewatering activities occur on -site during Dewatering plan Prior to Review and Planning future redevelopment, samples shall be obtained from the water and issuance of a approve analyzed for volatile organic compounds (VOCs) and oxygenates to ensure grading permit dewatering plan that they do not exceed applicable discharge requirements. Should the samples exceed VOC, oxygenates or any other applicable discharge requirement, a dewatering plan shall be prepared by the Project Applicant for submittal to the Santa Ana Regional Water Quality Control Board (SARWQCB) and other appropriate agencies determined appropriate in consultation with the SARWQCB for review and approval. The plan shall include but not be limited to sampling of groundwater that may be contaminated; and treatment and disposal of contaminated groundwater in compliance with applicable regulatory requirements. Written verification from the SARWQCB of approval of a dewatering plan completion shall be submitted to the City of Newport Beach Community Development Department prior to issuance of grading permit. City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -13 4.0 Mitigation Monitoring and Reporting Program Table 4- 1(Continued) Mitigation Monitoring and Reporting Program December 2013 City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -14 Implementation Respons'bfe Compliance Miff ation Measure Documentcihon riming Mondodng Acffv#y Monnor Verification Signature Date Mitigation Measure G -4: Prior to issuance of demolition permits, the Asbestos survey Prior to Complete and Planning Project Applicant shall conduct an asbestos survey of the of all on -site and submit issuance of approve asbestos structures and submit verification to the City of Newport Beach Community verification demolition survey Development Department prior that a certified asbestos abatement permits contractor has properly removed asbestos in accordance with procedural requirements and regulations of South Coast Air Quality Management Building District Rule 1403. Mitigation Measure G -5: Prior to issuance of demolition permits, the Verification of lead- Prior to Complete, review, Planning Project Applicant shall submit verification to the City of Newport Beach based paint survey issuance of and approve Community Development Department prior that a lead -based paint survey demolition verification has been conducted at all existing structures located on the project site. If permit lead -based paint is found, the Project Applicant shall follow all procedural Building requirements and regulations for proper removal and disposal of the lead - based paint. Mitigation Measure G -6: Prior to the issuance of a grading permit, the Construction Prior to Review and Planning Project Applicant shall prepare a Construction Management Plan for Management Plan issuance of a approve implementation during construction of the project. The plan shall be grading permit Construction subject to final approval by the City of Newport Beach Director of Management Plan Community Development. Mitigation Measure G -7: The Project Applicant shall prepare a Traffic Traffic Control Plan Prior to Review and Public Works Control Plan that identifies all traffic control measures, signs, and issuance of a approve Traffic delineators to be implemented by the construction contractor throughout grading permit Control Plan the duration of construction activities associated with the project. The plan shall identify any temporary lane closures and identify alternative travel routes. The plan shall be subject to final approval and issuance of a Temporary Street and Sidewalk Closure Permit by the City of Newport Beach Public Works Department. Mitigation Measure G -6: Prior to construction, the Project Applicant shall Identification of Prior to Approve NBPD and consult with the City of Newport Beach Police and Fire Departments to temporary closures construction temporary NBFD disclose and identify temporary closures and alternative travel routes, in and alternative closures and order to ensure adequate access for emergency vehicles when travel routes alternative travel construction activities would result in temporary lane or roadway closures. routes City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -14 December 2013 Table 4- 1(Continued) Mitigation Monitoring and Reporting Program 4.0 Mitigation Monitoring and Reporting Program City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -15 Implementation Responsible Compliance Mitigation Measure Documentation riming Monitoring Activity Monitor Verification Signature Date Noise Mitigation Measure J -1: Temporary noise barrier shall be used to block Contract language Plan check Review and Planning the line -of -site between the construction equipment and the noise- sensitive and notes on prior to approve grading receptors during project construction, as follows: grading and building issuance of a plans and building • Provide a temporary 15 -foot tall noise barrier along the eastern boundary of Planning Area 1 to reduce construction noise at mobile home uses across Bayside Drive (Location R1). plans grading permit or a building permit plans for inclusion • Provide a temporary 15 -foot tall noise barrier along the northern boundary of Planning Area 1 to reduce construction noise at mobile home uses immediately to the north (Location R2). • Provide a temporary 15 -foot tall noise barrier along the south boundary of the Boat Service and Marina Related office construction site (Planning Area 2) to reduce construction noise at single - family residential uses on Linda Isle to the south (Location 133). Mitigation Measure J -2: As required by City of Newport Beach Noise Acoustical analysis Prior to Review and Planning Element, an acoustical analysis of the architectural plans of the proposed of architectural plans issuance of approve acoustical residential building shall be prepared by a qualified acoustical engineer, building analysis prior to issuance of building permits, to ensure that the building permits construction (i.e., exterior wall, window, and door) would provide adequate sound insulation to meet the acceptable interior noise level of 45 dBA CNEL. Transportatio nlTraffic Mitigation Measure M -1: Sight distance at the project accesses shall be Final grading, Prior to Review and Public Works reviewed with respect to City of Newport Beach standards in conjunction landscaping, and issuance of approve final with the preparation of final grading, landscaping, and street improvement street improvement grading grading, plans. plans permits or landscaping, and building street permit improvement plans City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4 -15 4.0 Mitigation Monitoring and Reporting Program Table 4- 1(Continued) Mitigation Monitoring and Reporting Program December 2013 City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4-16 Implementafion Responsble Compliance " afion Measure DocumeMafion riming Mondaring Acffv#y Monnor Verification Si nature Date Mitigation Measure M -2: On -site traffic signing and striping shall be Detailed Prior to Review and Public Works implemented in conjunction with detailed construction plans for the project construction plans issuance of approve detailed and as approved by the City of Newport Beach. grading construction plans permits or building permit Mitigation Measure M -3: Final design of the optional secondary access Detailed Prior to Review and Public Works ( "right turn in" only lane on East Coast Highway) shall accommodate construction plans issuance of approve detailed bicycle use along the corridor and shall require coordination with and the grading construction plans approval of the California Department of Transportation, the Orange permits County Transportation Authority, and the Orange County Sanitation District. The driveway for the Orange County Sanitation District shall be relocated so as not to interfere with the proposed 'right turn in" only lane. Based on the posted speed limit of 50 miles per hour, and assuming partial deceleration of 10 miles per hour in the through lane, the recommended length of the deceleration lane is 315 feet. Utilities and Service Systems Mitigation Measure N -1: Prior to the issuance of certificates of City water Prior to Receipt of Building occupancy, the project Applicant shall pay the required City water connection fee issuance of required City connection fees as set forth in the Municipal Cade (Section 14.12). payment certificates of water connection occupancy fees Mitigation Measure N -2: Prior to the issuance of certificates of OCSD sewer Prior to Receipt of Building occupancy, the project Applicant shall pay the required OCSD sewer connection fee issuance of required OCSD connection fees as set forth in the Municipal Code (Section 14.24.050) payment certificates of sewer connection which are utilized to fund wastewater treatment and regional wastewater occupancy fees conveyance improvements associated with new development. City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4-16 December 2013 Table 4- 1(Continued) Mitigation Monitoring and Reporting Program 4.0 Mitigation Monitoring and Reporting Program City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4-17 Implementation Responsible Compliance " Mitigation Measure Documentation riming Monitoring Acffv#y Monnor Verification Si nature Date Mitigation Measure N -3: Prior to the issuance of any demolition or Copy of the receipt Prior to Obtain copy of the Public Works construction permit, the project Applicant shall provide a copy of the receipt or contract issuance of receipt or contract or contract indicating that the construction contractor shall only contract for any waste disposal services with a company that recycles demolition and demolition or construction- related wastes. The contract specifying recycled waste construction service shall be presented to the Municipal Operations Department prior to permit approval of certificate of occupancy. Prior to approval of certificate of occupancy Mitigation Measure N -4: In order to facilitate on -site separation and Provide waste During Proof of waste Public Works recycling of construction related wastes, the construction contractor shall separation bins construction separation bins provide temporary waste separation bins on -site during demolition and construction activities. City of Newport Beach Back Bay Landing PCR Services Corporation /SCH No. 2012101003 4-17