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Home My WebLink About05 - Jamboree Road ImprovementsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 October 26, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Jaime Murillo, Associate Planner 949 - 644 -3209, Imurillo(a)newportbeachca.gov Public Works Department Andy Tran, Senior Civil Engineer 949 - 644 -3315, atran(a)newportbeachca.gov SUBJECT: JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO FAIRCHILD ROAD)— ADOPTION OF MITIGATED NEGATIVE DECLARATION ISSUE As part of the final design of the Jamboree Road Improvements (Bristol Street North to Fairchild Road) capital improvement project, the City is required to obtain environmental clearance pursuant to the California Environmental Quality Act (CEQA) guidelines. A Mitigated Negative Declaration (MND) was prepared, circulated for review, and is now ready for adoption. RECOMMENDATION 1. Approve the conceptual design of the Jamboree Road Improvements (Bristol Street North to Fairchild Road) Project. 2. Adopt the attached resolution (Attachment No. 1) adopting the Mitigated Negative Declaration (MND), and the Mitigation Monitoring and Reporting Program (MMRP) on the basis of the entire environmental review record. DISCUSSION According to the City's. General Plan Circulation Element, traffic volumes at the intersection of Jamboree Road and MacArthur Boulevard are forecasted to increase in the future. The forecasted Level of Service (LOS) at this major intersection is LOS E and LOS F during the AM and PM peak hour, respectively. To address this capacity deficiency, Staff is proposing to widen Jamboree Road at the intersection of MacArthur Boulevard. Jamboree Rd. Imp. — Adoption of MIND October 26, 2010 Page 2 This project is located on Jamboree Road between Bristol Street North and Fairchild Road in the cities of Newport Beach and Irvine. Refer to the attached location map (Attachment No. 2). The project involves widening the east side of Jamboree Road at the MacArthur Boulevard intersection to accommodate one additional northbound thru lane and one additional southbound left turn lane. In additional to the proposed street widening, this project involves the construction of a retaining wall and a planter wall, removal and reconstruction of the raised landscaped medians, construction of a new sidewalk and parkway improvements on the east side of Jamboree Road north of MacArthur Boulevard, utility adjustments and relocations, traffic signal modifications, street signing and paving striping. In order to facilitate these improvements, additional public right -of -way will be required. The three affected properties are located on the east side of Jamboree Road between MacArthur Boulevard and Centerpointe in the City of Irvine. Partial right -of -way acquisition of these three properties are currently under negotiation. ENVIRONMENTAL REVIEW A Mitigated Negative Declaration (MND) has been prepared by UltraSystems Environmental Incorporated, in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The MND was routed to the City Council in advance of this staff report to allow additional time to review the report. A copy of the MND is available on the City's website, at each Newport Beach Public Library, and at the Public Works Department at City Hall. The MND does not identify any component of the project that would result in a "potentially significant impact" on the environment per CEQA guidelines. However, the document does identify components of the project that would result in effects that are "less than significant with mitigation incorporated" as a result of construction of the project. The document recommends the adoption of 11 mitigation measures to mitigate the effects to a point where clearly no significant effects would occur. These mitigation measures are identified in the MMRP, which is attached as Exhibit A of Attachment No. 1. The MND was made available for public review for a 30 -day comment period from August 5, 2010, to September 3, 2010. Staff has received a total of eight comment letters from various agencies. Although not required under CEQA, written responses have been prepared for each of the comment letters. The comment letters and responses have been attached as Attachment No. 3. Of particular significance is the comment letter received from the California Department of Fish and Game (DFG), which indicates their concern with the language of Mitigation Measure MM BR1 as originally proposed. The mitigation measure requires a pre - construction survey for nesting birds during the normal bird nesting season in compliance with the Migratory Bird Treaty Act; however, the mitigation measure also Jamboree Rd. Imp. — Adoption of MND October 26, 2010 Page 3 included a deterrence program that would allow the removal of partially completed nests. DFG recommended revisions to the mitigation measure clarifying that in addition to active nests, nests in progress should also be protected. Staff has worked with representatives of the DFG to revise the mitigation measure to their satisfaction and clarify that should a nest be found, the nest will not be removed until the Project Biologist verifies that the birds have fledged from the nest and that no attempts at secondary nesting have occurred. The mitigation measure was also clarified to indicate when the pre- construction survey shall occur (i.e. no more than 72 hours prior to start of construction) and that the Project Biologist shall provide the City with reports. An Errata to the MND has been prepared revising Mitigation Measure MM BR1 as agreed by DFG (Attachment No. 4). PUBLIC NOTICE Notice of this item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. The environmental assessment process has also been noticed consistent with the California Environmental Quality Act. The Notice of Intent (NOI) to adopt the MND was advertised with the Orange County Register on August 5, 2010, and was also posted at the project site. The NOI was also mailed to all property owners within a 500 -foot radius of the project site (as requested by the City of Irvine). FUNDING AVAILABILITY (Not applicable) Prepared by: mime Wrillo Associate Planner Andy Ti n, P.E. Senior Civil Engineer Attachments: Submitted by: {� C Tim Campbell Acting Planning Director 1. Resolution with Mitigation Monitoring and Reporting Program 2. Project Location Map 3. Comment Letters and Responses 4. Errata to MND ATTACHMENT NO. 1 Resolution and Mitigation and Monitoring and Reporting Program RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO FAIRCHILD ROAD) (ND2010- 003) WHEREAS, an Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3; and WHEREAS, the draft Mitigated Negative Declaration was circulated for a 30 -day comment period beginning on August 5, 2010 and ending on September 3, 2010. The contents of the environmental document and comments on the document were considered by the City Council in its review of the proposed project; and WHEREAS, on the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level; and RESOLVED, that the City Council of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project, with mitigation measures, will have a significant effect on the environment, and that the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis. The City Council hereby adopts the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program attached as Exhibit A. The document and all material, which constitutes the record upon which this decision was based, are on file with the Public Works Department, 3300 Newport Boulevard, Newport Beach, California. PASSED, APPROVED AND ADOPTED THIS 26TH DAY OF OCTOBER, 2010. Keith D. Curry Mayor ATTEST: Leilani Brown City Clerk I Mitigation Monitoring and Reporting Program C• EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM Section 21081.6 of the Public Resources Code requires all state and local agencies to establish monitoring or reporting programs whenever approval of a project relies upon a mitigated negative declaration (MND) or an environmental impact report (EIR). The monitoring or reporting program must ensure implementation of the measures being imposed to mitigate or avoid the significant adverse environmental impacts identified in the MND or FIR. The mitigation measures will be implemented by the City of Newport Beach, Public Works Department, the project applicant, to mitigate or avoid potentially significant impacts to nesting/migratory birds, Least Bell's Vireo, Roosting Bats, and other sensitive wildlife; sensitive habitat and wetlands; archaeological /paleontological resources and human remains; soil erosion or loss of topsoil; and emergency access and response, including service ratios and response times for both fire protection and police protection, due to the Widening of Jamboree Road Between North Bristol Street and Centerpointe (Project). The following mitigation will require implementation prior to or during any Project construction activities. The following table lists the potential issues and impacts, the level of significance after mitigation, the mitigation measures, the responsible parties and monitoring parties, and the phase in which the measures are to be implemented. As discussed in the Joint Cities Initial Study and Draft Mitigated Declaration, the areas requiring mitigation are: • Biological Resources • Cultural Resource • Geology and Soils • Hazards and Hazardous Materials • Public Services • Transportation/Traffic These mitigation measures have also been included in the Mitigation Monitoring and Reporting Program to ensure that they will be implemented as part of the Widening of Jamboree Road Project. Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -1 . -* Mitigation Monitoring and Reporting Program -*- MITIGATION MONITORING AND REPORTING PROGRAM Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP-2 2T Biological Resources The Project has the All potential MM BR 1: Pre-Construction Survey for Nesting City of Newport Pre - potential to have a biological resource Birds Beach / Construction substantial adverse effect, impacts will be less Project Biologist / either directly or through than significant Migratory Birds, CDFG Section 3503, Cooper's Biological Monitor habitat modifications, on with Hawk, Yellow-breasted Chat, and Least Bell's species identified as a implementation of Vireo candidate, sensitive, or MMBRIto MM special status species by BR 6. In the event that project construction or grading the City of Newport Beach activities (including vegetation removal) should Local Coastal Program occur within the active breeding season for birds Coastal Land Use Plan or (i.e., February 15 — September 15"'), a nesting bird by the California survey shall be conducted by the designated Department of Fish and Project Biologist prior to commencement of Game. Species include construction activities (no more than 72 hours Migratory Birds, prior to construction). If no active nests are found Cooper's Hawk, Yellow- within, or adjacent to the project work area during breasted Chat, and Least the pre-construction survey period, construction Bell's Vireo. activities may proceed as scheduled. If an active nest is found within or adjacent to the project work The Project has the area during construction, a "No Construction" potential to have a Buffer Zone would be established to minimize substantial adverse effect project impacts on the nesting activity. The onsite on California Coastal Project Biologist will determine and flag the Conunission defined appropriate buffer size required, based on the wetland and/or the specific situation, tolerances of the species, and the Environmental Sensitive nest locations. Once the designated Project Habitat Area (ESHA), as Biologist verifies that the birds have fledged from defined by the City of the nest and no attempts at secondary nesting have Newport Beach Local occurred, the buffer may be removed. The Project Coastal Program Coastal Biologist shall prepare and submit to the City field Land Use Plan, which is re orts documenting results of the survey and Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP-2 ❖ Mitigation Monitoring and Reporting Program '� <. . b Szgtls�i aitce tn4i§tes �" m Rose, Momtoring Party . � , s�,Tmp1 'eriietat ion Stage located immediately compliances with buffer and /or other measures. adjacent to the Project site. Prior to authorizing the commencement of construction, the City of Newport Beach Director The Project has the of Public Works or designee, shall verify that all potential to have a project grading and construction plans include substantial adverse effect specific documentation regarding the requirements on federally protected of the Migratory Bird Treaty Act (MBTA) and wetlands as defined by mitigation measures, and preconstruction surveys Section 404 of the Clean have been completed and that the appropriate Water Act. buffers established by the Project Biologist and/or other measures (if needed) are noted on the plans The Project has the and established in the field. potential to interfere with the movement of native Because some bird species nest early in Spring and resident and migratory others nest later in Summer, surveys for nesting bird species and sensitive birds should continue during construction to bats. address new arrivals, and because some species breed multiple times in a season. If listed The Project has the Endangered or Threatened species are found potential to conflict with within 500 feet of the Project Work Area, the the City of Newport Beach USFWS and CDFG, as appropriate, will be Local Coastal Program consulted at the time they are first observed. Coastal Land Use Plan, which identifies an ESHA located immediately MM BR 2: Pre - Construction and Construction adjacent to the southeast Clearance Surveys side of Jamboree Road south of MacArthur Unanticipated Sensitive Wildlife Species Boulevard. Pre - Construction: As vegetation removal and construction activities (e.g. surface grading /vibration/noise) will occur upslope of the ri arian ve etation, a Project Biologist/Biological Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -3 Mitigation Monitoring and Reporting Program Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP-4 D PiW7 --- arty' , , m 'emell f Ali, St a ge� Monitor shall conduct pre-construction surveys within and adjacent to the Projects limits of construction three days before the commencement of construction activities (including the installation of any fencing and vegetation removal) to address potential effects on sensitive species, if present, in advance of construction. This includes inspections for sensitive terrestrial species, sensitive roosting bats, and sensitive nesting birds. Sensitive species observed should be flushed (with the exception of actively nesting birds) from the construction area away from Jamboree Road and MacArthur Boulevard into the riparian habitat down slope and on the construction free side of the chain link fence (see MM BR 5). Any Federal or State Threatened or Endangered species if observed shall be reported City of Newport Pre- to the USFWS (Federal) and CDFG (State), as Beach / Construction appropriate. Project Biologist Construction Biological Monitor During Construction: The Project Biologist/Biological Monitor shall monitor and inspect the installation of exclusion fencing (see MM BR.5), vegetation removal (i.e., Quail Brush Scrub), and surface grading activities that occur within close proximity to the riparian habitat. Following initial vegetation removal of non- riparian vegetation and surface grading, weekly monitoring shall occur throughout construction to help the construction crew to avoid or reduce impacts on sensitive biological resources, if encountered and to maintain the fencing in good conditions. The fencing should be routinely inspected and terrestrial species (e.g., ecies) shall be relocated back into Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP-4 D Mitigation Monitoring and Reporting Program •:• ' �Af[ez:Mrtt atioil J °'9Yn'L 3 `. S§ C 'v t tfd�t��'h�""tea r" .; '% .," N� , %'_ s 0 s }baft l MonitoringParty "inpl�mentaCiori" Stage the ESHA habitat when discovered. MM BR 3: Avoidance and Minimization Measures for Least Bell's Vireo Least Bell's Vireo If possible, construction activities with the potential to directly (e.g. vegetation removal) or indirectly (e.g. noise /ground disturbance) affect nesting birds shall be scheduled between September 1 st and February 14th. If construction is scheduled to occur from February 15th through August 31 st (spring /summer), focused surveys for Least Bell's Vireo (LBV) should be completed to determine the presence /absence of LBV wherever suitable habitat is present within 500 feet of the limits of construction. Surveys will be conducted by a LBV permitted biologist according to the following USFWS guidelines: • For LBV, all riparian areas and other potential habitats will be surveyed at least 8 times during the period of April 10 to July 31. Each survey will be conducted at least 10 days apart. City of Newport Pre- • However, the USFWS may agree to a Beach / Construction / reduced effort if the permitted Project Project Biologist / Construction Biologist and USFWS conclude that 8 Biological Monitor surveys are unnecessary. This will be determined following initial site visits. Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -5 CW • ** Mitigation Monitoring and Reporting Program ❖ Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -6 St rfeance r'kYS f ( ang >"�+feas� ��, � t V' K�� onsxhl� party f� 1Virnutormur arty, �rnpl�rnen�tzon,. ; age. • A Presence /Absence LBV Report shall be prepared detailing the results of the field surveys, and include potential mitigation measures, if any, for the Project site. MM BR 4: Pre - construction Surveys for Roosting Bats Although no evidence (sign) indicating the potential presence of sensitive bat species was observed, recent occurrences of sensitive bats have been reported in the region and suitable habitat is present within and adjacent to the Project site. Therefore, pre - construction surveys conducted by a qualified biologist are recommended to determine if sensitive bat species are present, particularly prior to tree removal and ground disturbance activities. If evidence of a bat hibernaculum (i.e., overwintering roost) or nursery sites are established by bats in the Project's limits of construction, the biological monitor will recommend exclusionary devices or removal efforts, if possible, as necessary based on specific species and situational criteria. For example, if sensitive bats are observed roosting within the drainage culvert beneath Jamboree Road, exclusionary devices may be installed at the tunnel opening to avoid 'indirect effects that may occur as City of Newport Pre - a result of ground disturbance occurring just Beach / Construction upslope of the tunnel. Exclusionary devices shall Project Biologist / not be installed at the entrance to nursery sites as Biological Monitor Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -6 -. Mitigation Monitoring and Reporting Program ` ' r �jg �: Sr#iicnce'° ' a e §�e ' WIN r I51 arty I r- t Vmutorm PaY °Tinplomen hoii' age, e juveniles may not fly out. Nursery sites could be qualified biologist expected during spring. Disturbances to sensitive bat nursery sites or winter roost shall be avoided. Due to local and California Health Department restrictions, no direct contact by workers with any bat species is allowed. The Project BiologistBiological Monitor shall be contacted immediately should any bats be identified within the Project's limits of construction, who will oversee exclusion or removal efforts, as necessary. If construction is to occur in phases or over an extended period of time, multiple pre - construction surveys may be required to address seasonal bat migrants and the potential influx of new arrivals. MM BR 5: Construction Avoidance and Exclusion Measures USACE, CCC, and CDFG Jurisdiction and Sensitive Wildlife Jurisdictional (USACE, CCC, and CDFG) Avoidance Measures: The installation of a chain - linked fence prior to construction and located up slope of the limit of CDFG jurisdiction and CCC - defrned wetland and ESHA is recommended as an avoidance measure. This chain - linked fence would function to prevent construction personnel and equipment from inadvertently affecting USACE and CDFG jurisdiction and a CCC - defined wetland and ESHA. In addition, this fence would also revent cobbles, dirt, and other debris from rolling Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -7 .,t Mitigation Monitoring and Reporting Program + Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -8 ` '51 Stgn� ;cance Emil ti t nl1d r 3 „ 1�4?�e�/ 1Vlovitoring Party .finlSlemenia laon� Stage down the slope from the construction site and into USACE and CDFG jurisdiction and the CCC- defined wetland and ESHA. This fence would not have to be any higher than 6 feet above ground level. However, the fence would need to be installed approximately 2 feet deep so that it can maintain its integrity if large amounts of cobbles and dirt were piled up against it. In addition, this City of Newport Pre - chain -link fence should also act as an exclusion Beach / Construction fence to reduce the likelihood of sensitive wildlife Construction (e.g., Two - striped Garter Snake) from entering the Contractor construction area. This would be accomplished by placing a fine vinyl mesh or silt fencing at the bottom of the chain -link fence. One end of the exclusion fence would be buried into the ground and the other end would be at least foot in height. It is important to note that if these USACE, CCC, and CDFG resources cannot be avoided by the Project, then a formal jurisdictional delineation and report will be required. A jurisdictional delineation and report would determine if each aquatic feature is subject to USACE jurisdiction pursuant to Sections 404 and 401 of the Clean Water Act; subject to CDFG jurisdiction pursuant to Section 1600 et seq. of the California Fish and Game Code. For those drainages that are jurisdictional, the jurisdictional delineation and report would characterize and quantify the amount and type of jurisdiction within the BSA and determine how much jurisdiction, and of what types, would be affected by the proposed Project. Subsequently, Section 404 and 401 permits pursuant to the Clean Water Act would need to be acquired from the Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -8 Mitigation Monitoring and Reporting Program r igintcanc€�z fiAfter -A�ti aiioti > w t irk s x tt� r?�t��1 ` ring 'art .;plembiiftioii` Stage' USACE and CDFG, respectively. In addition, a Streambed Alteration Agreement from the CDFG, pursuant to Section 1600 et seq. of the California Fish and Game Code would also be required. A mitigation plan for these impacts would also likely be required by the resource agencies. MM BR 6: Post- Construction Avoidance and Exclusion Measures USA CE, CCC, and CDFG Jurisdiction and Wildlife Native shrubs and trees planted along the margins of the riparian habitat and the Projects limits of construction will act as buffers to further reduce visual impacts. Project landscaping plans should, at a minimum, require drought resistant and non- invasive plant species. No plant listed by the California Invasive Plant Council (Cal -IPC, 2006) shall be planted, particularly along the margins of the riparian habitat. Example of non - native invasive species that should not be included in Project Landscaping plans include Pampas Grass (Cortaderia spp), Fountain Grass (Pennisetum spp.), and Mexican Fan Palm (Washingtonian robusta). Recommended native tree and shrub species to be installed, particularly along the margins of the Riparian habitat, include Fremont's Cottonwoods (Populous Fremontii), Western S camores Platanus racemosa , White Alder Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -9 Mitigation Monitoring and Reporting Program :- Widening of Jamboree Road Between North Bristol Street October 2010 _ "' (Newport Beach) and Centerpointe (Irvine) Page MMRP -10 �e)3biisibl!'artpl d s: 1 ;Tnlerrintafrorirl ��gntfrcattce s , Iv cmttorii3g P It , Stage AfterMifi`ation ', +; (Alms rhombifolia) Lemonade Berry (Rhus City of Newport Post - integrifolia), Laurel Sumac (Malosma laurina), and Beach / Project Construction Coyote Brush (Baccharis pilularis). When planted Landscaper along the margins of the Project limits of construction and the riparian habitat, these native shrubs and trees will acts as buffers to further reduce noise and visual impacts. Additionally, as these species are native, they will likely require limited supplemental watering after establishment. Cultural Resources There is the potential that Less than MM CR 1: Prior to issuance of a grading permit a City of Newport Prior to grading undiscovered significant with qualified archaeologist (with training in the Beach / qualified archaeological or implementation of recognition of paleontological resources, or a archaeologist / paleontological resources MM CR 1 separate paleontologist) shall be retained to paleontologist may be unearthed during observe grading activities and conduct salvage excavation and grading at excavation of archeological resources as necessary. the project site. The archaeologist shall be present at the pre - grading conference, shall establish procedures for archaeological resources surveillance, and shall establish, in cooperation with both cities, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the artifacts as appropriate. If archaeological and/or paleontological features are discovered, the archaeologist shall report such findings to the lanning Department of the Widening of Jamboree Road Between North Bristol Street October 2010 _ "' (Newport Beach) and Centerpointe (Irvine) Page MMRP -10 Mitigation Monitoring and Reporting Program ttrbnldstres sor3sib�e:I?xity� Jinplameritattdri - omtori ng��arty 'Stage.; A�enMifi aibp, . w. � � appropriate city, or both cities if deemed necessary. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the City(s), 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 Planning Director(s). Although no human Less than MM CR 2: In accordance with the Public City of Newport Grading / remains are known to exist significant with Resources Code §5097.94, if human remains are Beach / Construction on the Project site, there is implementation of found, the Orange County Coroner must be Construction still the potential of MM CR 2 notified within 24 hours of the discovery. If the Contractor discovery of human Coroner determines that the remains are not recent, remains. the Coroner will notify the Native American Heritage Commission in Sacramento to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the City of Newport Beach the disposition of the human remains. Geology and Soils The Project has the Less than MM G &S 1: Following grading activities, City of Newport Following potential to result in significant with disturbed areas adjacent to the project components Beach / grading substantial soil erosion or implementation of shall be replaced and reseeded (where appropriate) Construction activities loss of topsoil during MM G &S 1 and to reduce potential for erosion. Contractor excavation and grading of MM G &S 2 the Project site. MM G &S 2: An Erosion Control Plan (ECP) City of Newport Prior to the start shall be prepared to the satisfaction of the City of Beach / City of Construction Newport Beach and City of Irvine prior to start of Irvine construction. The ECP shall outline methods that Widening of Jamboree Road Between North Bristol Street October 2010 C" (Newport Beach) and Centerpointe (Irvine) Page MMRP -11 •:• Mitigation Monitoring and Reporting Program S l 0 li {f'pn'•" Yit I3 4vy a �`�ig o eaues t 'f` t R'�srl f'ari3 ( J G.+" Itixlflemshtation.'- lYloratofing Party" Stage' shall be implemented to control erosion from graded or cleared portions of the site, including but not limited to: 1. Placing sandbags where appropriate along the perimeter of a project site prior to initial grading if grading is to be undertaken during the rainy season (October 15 to March 15). 2. Minimizing the length of time that soil lie exposed. 3. Revegetating (landscaping, hydro- seeding or any other method of providing vegetative cover) graded areas and/or use of chemical soil binders, in a manner approved by the City Inspector prior to work beginning. if determined to be required for erosion control in areas not planted for development until subsequent phases. Landscaping and hydro- seeding shall be under the direction of a licensed landscape architect and approved by the City. Hazards and Hazardous Materials The Project has the Less than MM HHM 1: Short-term impediments to City of Newport Pre - potential to impair significant with roadway use shall be mitigated by a Traffic Control Beach Traffic Construction / implementation of or implementation of Plan (TCP) to be established by the project Engineer / Construction physically interfere with MM HUM 1 contractor prior to construction of any Construction an adopted emergency improvements. This Plan shall consist of prior Contractor response plan or notices, adequate sign- posting, detours, phased emergency evacuation construction and temporary driveways where Widening of Jamboree Road Between North Bristol Street October 2010 m (Newport Beach) and Centerpointe (Irvine) Page MMRP -12 Mitigation Monitoring and Reporting Program :• Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -13 ', E �, fi i tgat ci a ��t F� p x s tie ga i t, i em, �iita ton;rs p ' tficatl�e .� Mott�rtrrg Party `' � ` Stage `. r�, Afi er Mtii' atioh � � t..' plan necessary. The Plan shall specify implementation timing of each plan element (prior notices, sign - posting, detours, etc.) as determined appropriate by the City Traffic Engineer. Proper detours and warning signs shall be established to ensure public safety. The TCP shall be devised so that construction will not interfere with emergency response or evacuation plans and condition the project contractor to maintain, at minimum, two - lanes of travel in each direction though the project area during the duration of construction. The TCP shall be prepared consistent with each jurisdictions' approved traffic control guidelines. Construction activities shall proceed in a timely manner to reduce impacts. Public Services The Project has the Less than See MM HHM 1 City of Newport Pre - potential to affect service significant with Beach Traffic Construction / ratios, response times or implementation of Engineer / Construction other performance MM HHM 1 Construction objectives for both Fire Contractor Protection and Police Protection. Transportation/Traffic The Project has the Less than See MM HHM 1 City of Newport Pre - potential to result in significant with Beach Traffic Construction / inadequate emergency implementation of Engineer / Construction access. MM HHM 1 Construction Contractor Widening of Jamboree Road Between North Bristol Street October 2010 (Newport Beach) and Centerpointe (Irvine) Page MMRP -13 ', ATTACHMENT NO, 2 Project Location Map O Z rw .- EXIST. R /W.. , �� ' ?;r� A — e —' - — — — 1s -- - — - - " -' m- 4;) W ED — W « W A r� ± JAMBOREE RD RY OF NEWPORT BE _ — U) y hr► fV r - 1 W O m Q W U7 1 W z J U Q r \ _ N .I.L : •.. : 6i -. EXIST. R/W - m .� — — 4r EXIST. R/W PROP CURB AND GUTTER 19742 MACARTHUR BLVD 19712 MACARTHUR BLVD APN 445- 132 -011 APN 445- 132- 018A °a SCALE: I " =80' adik 40L jf� -wt- PROP CURB--/ \ AND GUTTER EXIST. R/W i CITY OF IRVINE -- W J di PROP. R/W < 19752 MACARTHUR BLVD APN 445 -132 -009 R/W m CITY OF NEWPORT BEACH r _ _ CITY OF IRVNE JAMBOREE RID VA Consulting, Inc. ENGINEERS• PLANNERS• SURVEYORS CONSULTING IRVINE, OAK CANYON, SUITE 150 (949) 474 -1400 TEL IRVINE, CA 92618 (949) 261 -8482 FAX CITY OF NEWPORT BEACH JAMBOREE ROAD WIDENING PROJECT CONCEPT PLAN ATTACHMENT NO. 3 Comment Letters and Responses Response to Comments d• RESPONSE TO COMMENTS ON DRAFT IS /MND 1.0 INTRODUCTION Pursuant to § §15073 and 15105 of the State CEQA Guidelines, the Draft MND on the proposed project was circulated for a period of 30 days beginning on August 5, 2010 and ending on September 3, 2010. The City received eight (8) written comment letters for the Draft MND within the 30 -day public review period. In compliance with State CEQA Guidelines § §15074 and 15088, the City has evaluated the written comments that were received during the 30 -day public review period. The comment letters and written response to comment letters have been prepared and provided herein. Written comments were received from the following: Letter No. Commenter Affiliation Date 1 Mike Harriel Southern California Gas Company August 5, 2010 2 Patricia Martz California Cultural Resource Preservation Alliance August 11, 2010 3 Michele Hernandez Orange County Fire Authority August 16, 2010 4 Greg Holmes Department of Toxic Substances Control August 26, 2010 5 Chris Herre California Department of Transportation September 1, 2010 6 Edmund Pert California Department of Fish and Game September 3, 2010 7 Scott Mor an California State Clearing House September 7, 2010 8 Christian Kessler Irvine Ranch Water District September 9, 2010 All Comments letters have been provided in Section 3.0 of this document. 2.0 RESPONSES TO COMMENT LETTERS: Letter 1, Mike Harriel, Southern California Gas Company: Comment 1 -1: California Gas Company has facilities in the Project area and gas facilities within the service area of the project could be altered or abandoned as necessary without any significant impact on the environment. Response 1 -1: The comment is acknowledged. No additional response is required. Letter 2, Patricia Martz, California Cultural Resource Preservation Alliance: Comment 2 -1: Based on the information provided, the proposed mitigation measures for potential impacts to cultural resources, should they be present, are appropriate and we concur with the MND determination for this project. Widening of Jamboree Road Between North Bristol Street September 2010 (Newport Beach) and Centerpointe (Irvine) Page 1 f ❖ Response to Comments •S Response 2 -1: The comment is acknowledged. No additional response is required Letter 3, Michele Hernandez, Orange County Fire Authority: Comment 3 -1: OCFA is notified on any road closure that completely shuts down a direction of travel. Partial road closures do not require notification. Response 3 -1: The comment is acknowledged. As mentioned in the IS /MND, use of the project site would remain similar to current conditions and would not adversely affect the ability of the Police and Fire Departments from either city to provide an adequate level of emergency service. During construction, emergency service to existing uses in Newport Beach and Irvine would not be interrupted by construction of the project. During construction, open traffic lanes would be maintained on Jamboree Road which would provide emergency vehicles with sufficient access to pass through the construction area without interruption.. Letter 4, Greg Holmes, Department of Toxic Substances Control: Comment 4 -1: The comments from DTSC appear to be a standard letter sent to lead agencies outlining DTSC's suggested practices. Response 4 -1: The issues identified in the letter were considered in the IS /MND. In the analysis of hazards and hazardous materials, the EnviroStor database was utilized to see if any known contamination sources were located near the proposed project; none were identified. A search for potential hazardous sites in the vicinity of the project was also conducted on the databases of other regulatory agencies including U.S. EPA, California Integrated Waste Management Board, U.S. Army Corps of Engineers and local counties and cities. No record of hazardous sites within the vicinity of the project was found on any of these databases. As no buildings are planned for removal, there is low likelihood that lead paint or asbestos would be encountered. As mentioned in the IS /MND, construction activities would be short-term and would involve limited transport, storage, use and disposal of hazardous materials associated with construction. Fueling and servicing of construction equipment would not take place on -site. Materials used in the construction of the project are not acutely hazardous, and all storage, handling, and disposal of these materials are regulated by the DTSC, the USEPA, and OSHA. While the letter quoted portions of the project description, no specific comments were noted regarding the findings of the IS /MND. Letter 5, Chris Herre, California Department of Transportation: Comment 5 -1: In the event of any activity within Caltrans right -of -way, an encroachment permit will be required. Response 5 -1: The comment is acknowledged. The proposed Project is located outside of Caltrans right -of -way. Widening of Jamboree Road Between North Bristol Street September 2010 (Newport Beach) and Centerpointe (Irvine) Page 2 f) ❖ Response to Comments ❖ Letter 6, Edmund Pert, California Department of Fish and Game: Comment (Letter 6): In summary, the Department's letter expresses concern that MM BR.1, as currently proposed, does not significantly reduce direct and indirect disturbances to nesting birds and /or nests belonging to birds -of -prey because it included a deterrence program that allowed the removal of partially completed nests. The Department states that "significant effects resulting from the removal of a nest may result because nesting birds may lay their first egg before completing their nest building, and usually continue to maintain their nest throughout the incubation and pre - fledging periods... Nests under active construction take significant amounts of energy and deterrence of active nest building can result in delayed or missed reproductive opportunity." The Department provided recommended revisions to the mitigation measure that would protect active nests (including nest building activity). Response (Letter 6): Staff consulted with Matt Chirdon of the Department of Fish and Game regarding the Department's concerns and issues raised in the letter. MM BRA has been revised to address the Department's concerns to their satisfaction and clarifies that should a nest be found, the nest will not be removed until the Project Biologist verifies that the birds have fledged from the nest and that no secondary at nesting have occurred. The mitigation measure was also clarified to indicate when the pre- construction survey shall occur (i.e. no more than 72 hours prior to start of construction) and that the Project Biologist shall provide the City with reports. Please see the Errata for the revised text of the mitigation measure. Letter 7, Scott Morgan, California State Clearinghouse: Comment 7 -1: The comment from the State Clearinghouse is that the IS /MND was circulated to state reviewing agencies. The public review period concluded on September 3, 2010, and no state agencies submitted comments by that date. The environmental document has complied with the CEQA review requirements for draft environmental documents. Response 7 -1: The comment is acknowledged. No additional response is required. Letter 8, Christian Kessler, Irvine Ranch Water District: Comment 8 -1: The IS /MND does not identify IRWD as potable water, recycled water or sewer service provider in the project vicinity. Please make the necessary revisions. Response 8 -1: The comment is acknowledged. This information has been added to Section 1.3, Existing Setting of the IS /MND. Comment 8 -2: IRWD owns and operates multiple facilities near the proposed project. The project proponent will be responsible for protection in place, relocation, replacement or repair of those facilities as affected by project impacts. Response 8 -2: The proposed project would make improvements to Jamboree Road, and does not include the construction of new facilities. As mentioned in the IS /MND, the proposed project would only require relocation of three catch basin along Jamboree Road and no other impacts to existing public utilities are anticipated. However, in the event of an impact on any of the existing facilities in the project vicinity owned by IRWD, the proposed project will take Widening of Jamboree Road Between North Bristol Street September 2010 (Newport Beach) and Centerpointe (Irvine) Page 3 •b Response to Comments ❖ responsibility for protection in place, relocation, replacement or repair of those facilities as affected by project impacts. Widening of Jamboree Road Between North Bristol Street September 201 0 (Newport Beach) and Centerpointe (Irvine) Page 4 3.0 Comment Letters Gatitumis Gxs Cwegaay A SeMpra Energy utility" August 5, 2010 City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 Attention Andy Tran- Senior Civil Engineer ❖ Response to Comments •8 h'� ' � -�ro7! 35'.4 S. 59iie Calieye @I�y, %�na!gim. CABtdtNid+lE' Letter Dated 8/5/2010 Subject: Mitigated Negative Declaration for Widening of .jamboree Rd bhvtt Bristol St North and Certterpolate in Irvhse. This letter is not to be interpreted as a contractual comnlitmant to serve the proposed prOject but enly as an informatiob. service. Its intent is to notify you that the Southern California Gas Company has facilities in The area where the above named pmjoct is proposed, Gas facilities within the service area of the project could be altered or abandoned as nacessarY A*11ont any significant i€npaat on the environment. Information regarding construction particulars and any costs associated with initiating service ma?; be Obtained by otditacting the Planning Associate for your area, Dave Baldw1111, (714)634 -3267. Sincerely,? f Mike Hfaniel Tcchttiral Supervisor Orange Coast Regiots- Anaheim tons.r moon a.dw Widening of Jamboree Road Between North Bristol Street September 2010 (Newport Beach) and Centerpointe (Irvine) Page 5 �'e ,. ❖ Response to Comments d• c A California Cultural Resource Preservation Alliance. Inc. P.O. ts" 54132 An affisomof American Indion and scientific conrotatritim worMag for rntne, G 926194132 the preservation of wvhaedo*A sites and ether eak" resources. August 11, 2010 Andy "Tian, Senior Civil Engineer Public Works Departurcot City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Letter 2 Dated 8/1112010 Tbmk you for the opportunity to review the Mitigated Negative Declaration (ND) for widening of Jamboree Road between Bristol Street. North (Newport /leach) and Centetpoirue (Irvine}. Based on the information provided, the proposed mitigation measures for potential impacts to cultural resoure", should they be prracw, arc appropriate and we concur with the MND det: urination for this pii;jccL Sincerely, Patti6a Mart2, Ph.D. President Widening of Jamboree Road Between North Bristol Street September 2010 (Newport Beach) and Centerpointe (Irvine) Page 6 Aug" I(x 2414 •I• Response to Comments ❖ fib: 6-1fo) ORANGE COUNTY FIRE AUTH0RITY P.O Bax57115„ Irvine, CA 91619°7115 •I FtretludwritpRd. Iry {7e, CU 92602 Ke th) ikwer, Fired ief wwir 44 org (714) 573 -6000 . City ofNewpon Reach 3340 Newport Blvd Newport Dcach, CA 92658 Attu: Andy Trail, Sr Civil Engineer SUBJEC`f: Jamboree. Widening MND Den Nr, -ran: Letter 3 Dated 811 612 0 1 0 bank you for the apportundty to comment on the subject document, pCFA has revievved the abject do: tntiient and would like to ensure tdiat OCFA is notified on any road clos= that compdetoty shuts dawn a dk=tion a tTUV.I. Partial load ousures do not regtdra not;t`icarlon, Notifications should be taxed or trailed- ATTN: Commardeations Center. (Fax 714-368- 8930) Ifynu have any questions regarding iilis inattcr, I can be reached at 71$-573 -61%3 Sincerely, I�vii�'che�e�ei�iid�A�,• -.~' Management Analyst, Strategic Services Smin� dot l = +b� atf 15s(, Vick i PuM2 Pfrt�[ •t'SpiCSS a DYrzs Pm ! • irve,rr • ).�rvn Hitic • Lsgyr�,yj3i�uul • Log�aa wp:s�,+ 3,ntcc 7'�r.a.. f.ss Palsia W Alamitos • 0,11%,io, Viepn • t'inccntia . Ra ,ha $; tnzMarv„asla •,%aarlenmce: Salt Juan Capkatot i.5M ftwb a SWan • Tustin • Vin° Pad* W"MITACt* VwWidndn• ar`S Jniaawpwxtd Aiwa vf0nani;c CM1.V RE431)iNTIAL SPRRY'KLERSAND6F6 In DETEnVttl BaVELLVES Widening of Jamboree Road Between North Bristol Street September 2010 (Newport Beach) and Centerpointe (Irvine) Page 7 dW 4Y` secr rj bf �nvlr:(trrKWrAI DmMtrJTrl Augt st 28, 2010 *,1 ❖ Response to Comments ❖ Departmont of 'Toxic Substances Control hta2jw W,+ ssaghi Ackim Diracmr s7w capwat£:A101�- c'lfir§S3, (2 fur a 9CO30 Mr. Andy Tran, Senior Civil Englnesr FuUl'n Vvorks Department City of Newport Beach 3300 Newport Boulevard Newport Beach, Califoritio 82658 Anvid S wiarcert ger C$VEmnr Letter 4 Dated 8126/2010 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE WIDENING OF JAMBOREE ROAD BETV1'EEN BRISTOL STREET (NG'Nf ORT REACH) AND CENTERPOINTE (IRVINE) PROJECT, ORANGE COUNTY Dear Mr. Tran: The Department of Toxic Substances Control (DISC) has received your submitted draft Initial Study (IS) and purposed draft Mitigated Negative Declaration (MIND) fur the zbove- mentioned Prejcct. The following project description is stater! in your doo- Iment: "The proposad project includes the improvement of Jamboree Read between Bristol Street north in Newport Beach and Centerpointe In Inne. The proposed improvements along this segrn --nt include street widening to accommodate additior2W lanes primarily at the Intersection of Jamboree Road and MacArthur Boulevard, intersection improvements, median improvements, construction of one retaining wall and one planter wall, and parkway hnpruwemerto, The length of the area of MPosod improvements along Jamboree Road is approximately 1.400 fee: (0.3 miles). Between Bristol Street North and MacArthur Boulevard, Pre land to the southeast is in an open .Pace use that acts as a drainage culteutlon area for urban runoff from the industriollcorntrercial areas to the northwest. Betwreea MacArthur Boulevard and Centerpointe within the City of Irvine, the land to the soutieast.is occupied by an Industriailcommercial area known as the Irvine Business Guntplex. To the southwest is the SR -73 Freeway, Northwes: and north of the prnjpnt site is an industriali conimemia area ". Based on the review of the submitted document IS IS' has the INlowing curnrnnnrts. 1) The PAND should evaluate whether condit €ens within the Project area may pose a threat to human health or the environment Following are the databases of some of the regulatory agencies: � r"Fnred�Recy�^�Ir'arer Widening of Jamboree Road Between North Bristol Street September 2010 (Newport Beach) and Centerpointe (Irvine) Page 8 J-1 ❖ Response to Comments ❖ S'C4Tt OF CSUYam(A —�ymct �rtauSP'12Tnnru6 aTlR Orr,�a%kNe�___._.._.,.�.,W.. anrac�rnscuwAk�r •Nw;c.:F�]t.,�..� -s DEPARTMENT OF TRANSPORTATION nsrrrco F2 3337 MkiwBun Drive, Bviw,'U Irvim CA 92612 -$894 Ted (149 )124 -2247 Letter 5 Fps: (949) 7:4-2M2 - i3rz'yavrmserl Dated 911/2010 September 1, 2010 Andy Tran City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92655 File:, IGRICEQA SCH #: 2010081017 Log P: 2570 1-405 and SR -73 Subject: Widening of Jamboree Road Between (Vdt#h Bristvl(NettipOrt $each) a ®t1 Oenferpointc (Irvine) Dear W. Tract, Thank you for the opportunity to review and comment on the A itigoted Negative Declaration for the Widening of Jamboree Road Between North Bristol (Newport Beach) and Genterpointe (Irvine). The project proposes improventoots to .Jamboree along the above mentioned segment by widening to accommodate more lanes, intersection improvements, median improvements, construction of one retaining waif and one planter wall, and parkway improvements. The nearest State route to the project site is SR -73 and 1-405. The California llopartment 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 pennit will be reTiired. Please continue to keep us informed of this project and any future developments, which could potentially impact State transportation facilities. 1f you have any questions or need to contact or, please do not hesitate to call Damon Davis at (949) 440 -3487. Sine y, , hie Local DevelopmentJlnten ovemrmeutal Review C: Terry Roberts. Office of Plammg and Research 'T"04MM imprvnwmo&4lva We Grrvwn"r.. Widening of Jamboree Road Between North Bristol Street (Newport Beach) and Centerpointe (Irvine) September 2010 Page 9 �os"S ❖ Response to Comments ¢• 08/0/2010 Ts ;28 FAX Ye58487621j9 DFG A5 Snuthcoast Peq nn j' IIOOE /000 ht qei/ a Callfbmla Natural ItasaurM Acencv ARNOLD SCKWARZ&W�F;t, WY r,Md DEPARTMENT of FISH AND GAME South Coast Rengim 4049'Vlewridga Avenue 52n Disab, CA 92123 (658) 487,4207 http:/hvvrw.dfg.oagw Letter 6 September 3, 2010 Dated 9/3/2010 Mr, Andy Train CRY of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658 -8916 Fax #; (049) 8" -3229 Subject: Comments on Mitigated Negative Declaration for the Wideniingi of Jamboree Road between Nordr Bristol Street and Carrierpohnts Cities Newport 111"ch and Irvine, tkgngs County (SCH#20100$101 7) Dear Mr. Andy Tran The Department of Fish and Game (Department) has n wiswed the above - referenced Mitigated Negative Declaration (RAND) relative to impacts to biological resources. The proposed MND was received by the Department on August 9, 2010, The foihwling statements and comrients have been prepared pursuant to the Departments authority as Trustee Agency with jurisdiction over natural resourcas affected by the project (CEQA Guidelines Section 15358) and pursuance to our authority as a t2teeponsible Agenoy under CEQA Guldallnes Sabtion 15381 over those aspeots of the proposed project come tinder the purtAew of the California Endangered Species Act (Flsh and Game Cade Section 2050 et seq.) and Fish and Game Code section 15D0 et seq. The proposed project involves widening Jamboree Road at the MacArthur Baubavard Intersection to accommodate one additional northbound thhirough lane and one additional southbound WIt turn lane on Jamboree Rte. The area of the pibposed Widening would occur on the southeast side of Jamboree (toad between Bristol Street North (City of Newport reach) and Centerpointe (City of Irvine). An Environmental Sensible Habitat Area as defined by the City of Newport Beach LocaiCoastal Land Use Pin is immediately ad*eM to the project site. Vegetation oommw tkm adjacent to the project site are developeclonlamental, disturbed, disturbed southern willow scrub, fresh water marsh„ open water quasi brush sortie, Freshwater originates from an existing subterranean ooncreta fined drainage culvert down slope of Jamboree Road. The water flows south through the southern willow scrub and freshwater marsh habitats and enters a concrete fined subterranean culvert running southeast under MacArthur Boulevard, The Department offers the following comments and recommendations to assist the Couhty it avoiding, minimizing, and actsquataly mdigating;xi je t- related impacts W biological resources. Nesting B10 Deterrence Activities The project proposes biological m€dgetion measures MM BR 1 to avoid, mmirribm and rnMgate direct and Indirect impacts on nesting birds. The Department is borroarnsd that MM BR, 1, as Conserving Cafif>tx�la % s %44* Since .1870 Widening of Jamboree Road Between North Bristol Street September 2010 (Newport Beach) and Centerpointe (Irvine) Page 10 12; 1 `F :• Response to Comments ❖ 88/03/2010 1gi 76 FAY 16534874229 i3FG 145 scUthcoast Region @ 002/493 Mr. Andy Tran September 3, 2010 Page 2of3 currently proposed, does not significantly reduce direct are! Indirect disturbances to nearing birds. The use of an MND is appropriate only when there is n0 substantial evidence, in light of the whirls record before the agency, that the proposed project may have a significant effect on the environment (CEQA guidelines §75070p MM SR.1 proposes to avoid construction (including vegetation clearing) during the nesting bird season (February 1t- August 39) rf possible, and if afther vegobation removal or construction cannot occur outside the nesting season then contingency measures would be implemented. Contingency measures are pre oonstruction surveys and a nesting bird daterrancs program. The pre - construction surveys are proposed to identify any onoft nest building 0Ggvl'3es in Advance of disturbing activities, and the deterrence program Is proposed to eliminate birds nesting within the project limits. Deterrence methods proposed are removal of previously used nests and partially completed nests in progress. The MND discusses FGC Section 3503 that protects the nests and eggs of native non -game birds, and proposes MM SR.1 to avoid significant effects prlorto egg laying and therefore avoid conflicts whin FGC 35D3. However, MND provides no discussion of how removal or "take" of the nest prior to egg laying is supported by FGC 3503 or proposes afair argument tat removing a nest under active construction minimizes or mitigates significant adverse disturbances to nesting birds. The Department is concerned that MM BRA will not reduce si;nificard effects on nesting birds because removing nests could result in significant effects. Nests and eggs are protected ureter FGC 35D3, and FGC Section 3503.5 protects nesW and eggs of birds -of prey (Rulers Falcornlilemnes and Siigiforrnes). Significant effects resulting from removal of a nest may result because nasfing birds may lay their first egg before compietiry their nests building, and usually continue to maintain their nest throughout the incubation and pre-fledging periods Removal of a nest can also resut in reduced reproductive success. Became of examples presented above the Department has promulgated regulations to protect nests that are codified under FGC sections mentioned above. FGC Sections 3503" 3503,5 o.Vnmmy protect both the nests end eggs of native non -game birds and Nrds -& -pray, and the Department understands nests to include those under active construction. Nests ond%r active construction take significant amounts of energy and deterrence of active now building can result in delayed or missed reproductive apportuni`ry. Additionally. MM BRA does not differentiate deterrence activities for birds-of prey. Historic nests of birds.of -prey have been protected under FGC Section 3503.5• MM W I could result in the removal of previously used bids -of proy nests # observed during pre -po strudion surveys. `:'ypic ally, birds�of -pray will use the same nesting location, and when displaced birds -of -prey may exhibit delayed nest making, failed nost making, and reduced reproductive output- Recommendation - .. The Department recommends that the Ciy, conduct WMtruotion acrd vegetation removal from September IS- February 14, if the, project cannot feasibly avoid February 15- ptembei 15, meting bird season, hen the Department recommends that the City conduct pro - constriction surveys, construction surveys, and estalieb proposed "No Construction" buffers around active nests (tncluding nest buliding activity). In arm with insufficient, buffer zones the City should establish temporary sound walls or phase the project in sacticns to provide sufficient buffer zones. Widening of Jamboree Road Between North Bristol Street September 2010 (Newport Beach) and Centerpointe (Irvine) Page 11 ❖ Response to Comments ❖ 09f93,i2010 13:26 FAX 1$58461 4299 6FG F5 SotfthCoaat Re810n 1@0091009 Mr. Andy Tran September 3, 2014 Page 3of3 The City should' require a tolologioel monitor to evaluate and adapt mitigation measures to minimize disturbance to nestling bites, submit recommendations and results to the City for approval, and notify the City immediately if project ablivitlas damage active nests. Documentation submitted by the blmlogieal morsior should be retained by the City to document compliance with applicable State and Federal taws pertaining to the protection of native birds. The MND (Appendix B pg. 14) indicates that there is "legal mechanism to authorize take of active nesting Migratory Bird Treaty Act (META) or FGC protected birds, tytrt FCC 3513 expressly authorizes take in situations authorized by the Federal government. The Secretary of the Interior has adopted tuJea and regulations under 11751 provisiorw of the Migratory Treaty Ad to authorize lawful take or possession of Migratory nonglams birds, If the City is authorizer! by Federal govemme nt, under MSTA, to take or possess migratory rongame birds, then FGC Section 3513 can provide authorization by State of CaOfornW. The Department appreciates the opportunity to comment on the MNO for the widening of .Jamboree Road between North Bristol Sit and Centerpointe project Should you have any questions regarding this War, please contact Ark. Matt Chin of the Department at (760) 757-3734, Sirr.,srely, Edmund Part Regional Manager South Coast Region cc: Jonathan Snyder, VSFt S, Carlsbad Widening of Jamboree Road Between North Bristol Street (Newport Beach) and Centerpointe (Irvine) September 2010 Page 12 d• Response to Comments ❖ STATE OF CALIFORNIA `� Governor's Office of Planning and Research � State Clearinghouse and Planning Unit /i.. aan/ratmr Letter 7 Pint 2f 1 3 Dated 9/712010 Andy Trap (xy of Newport Beach, Publit1Vt hDeparoment 3300 Nl pert Boulevard Newport Deeds, CA 92658-8915 Subject: WidetungoflanrboreaRoadBetwcmNortit Bristol Smat (hewp6n)3each)andCeutetpoirte (TrV tj . ,"# :2U1 4417 Dua: Andy Mran: Tlu, State Ceatingbousc submitted the abwe naru d Mitigated Neg6tive Declatation w ecicaed ME& ageocir e for review, 'Ile review period dosed on Sepbnubcr 3, 2014, and no state agencies submitted couauernrs by tbat date. 'lids letter aeknowlcdgcs that you 6a„c cotoplicd with ncc State Clearinghouse review reyeiscmcitta for draft eatiubnwer al docurucn% puraumt to the CPUfotnola EnvkonimatA QuftHty A,X Please call the State Cleariagltouse at (916) 445 -0613 if you Inve any questions regarding the entt'ontnental review prorrss. If you Lave a question abouvibe above -named project, please toter to the ten -diett State Clearinghouse mtmber molten contacting this $titre. b'incaa�Y, Smit �GK��rI �� Direetor, State Clearinghouse 1400 TMTll1•7P8M P.O. RO% 8044 &4CRAMPUA3' &R7, i2WYORNIA 9661342044 'rffi.49xs7446A5x2 FAR tpx8332a30Ja ar+m.otrrdgra. Widening of Jamboree Road Between North Bristol Street September 2010 (Newport Beach) and Centerpointe (Irvine) Page 13 'a i ❖ Response to Comments Document Details Report State Clearinghouse Data Base SCHH 20100 81017 Prgecf Tide Widening of Jamboree Road Between North Bristol Sheet (Novrpoit Beach) and Conteapointe (Inman) Lead Agency Newport Beach, COO or Type MND 59itigatudNagaEivsOactaration 4e5rfiption The proposed project includes the improvamon €of Jamboree Road between Bristd Sirest North in Newport Beach and CenterpoCnte in Irvine_ The proposed improvement along this segment helude street widening to accomCdato additional lanes primardly at the intersecbm of Jamboree Road and MacArthur Boulevard intmoction Improvements, median Improvemgnts, construction ofoneretaadng wall and one planter wall, and parkway, knprovelriants. The WnOtn of the area proposed improvements along Jamboree Road is approemately 1,400 feet (0.3 mifes). Impiovernents on Jamoorea Road south of the project, indkmted as being comprW ed by others, wig be consinacled between February 2011 and February 2012, so 9 will be constructed concurrently with this project. For the purposes of ihls study, Jamboree Road process rmrdh -south and MacAdhld Boulevard proceed easi-west. Lead Agency Contact Name Andy Tran Agency City of Newport 5eadi, Public Works Deporto net Phone (949)944.8209 Farr email Address 5300 Newport Boulevard City Newport Besch State CA Zip 92658.8915 Project Location County Orange Cify Newport Beach, rrvine Region Lail Long 33° W 27A" N 1117" 51'45,5" W Cross Sheets Jamboree fbad Between N Bristol St. (Nowpod Beach) aril Centerp oinfa ( trvine) Parrot Afar, 427-242-007,445-132-OW,-1 1 18 Township 6S Range OW Sisoltan unaect Bass SBB &M Proximity to: Highways CA -73 Airports John Wayne - - Railways waterways San Diego Creek Channel Schools Uborti Baptist HSAY41 Land Use Newport Beach: Cpon Space (GP}, Planned Community (Z); Irulrre Urban and Indushial (C-P� lMne Business Complex MuStFtlse - Frafaotisaoes Bialogical Resources; Public services Reviewing Resources Agen.ry; Department of Fish and Game, Region 5: Department of Parks and Recreation; Agencies Department of Water Resources; Caltrans., Divaskrn of Aeronautics;. California *hway Petro; Calbans, District 12; Air Resources Board, Transportation Projects; Regional Water Oualhy Control Board, Region 6., Department of Toze Substances Controll Native American Heritage Commission Data Rarwh%d O8i0502010 Starf ofRoview OM512010 End of.Rsviow D8 OM010 Note: Blanks in data felds result from kenifficant Information, prowled by lead agency. Widening of Jamboree Road Between North Bristol Street (Newport Beach) and Centerpointe (Irvine) September 2010 Page 14 ❖ Response to Comments 4• f.._M Letter 8 n w Dated 919/2010 1ATPEUNW WEI FISTA1KI 4 (M Ss»d aryrcve ,S�a.. PO.. Sax 67A00,1ri,4w, VAPPSO -76M MO)453.040 September 9, 20143 Mr. Andy Tran Senior Civil Engineer Public Works Department Ci.q of Newport l3 Bch 3300 Newport Boulevard New-rn Beach, CA 92658 Subject: Widening orJamboree Read Between North Bristol Street (Newport Beach) and Center"rit (Irvine), Joint Cities Initial Study and Draft Mitigated Negative Declaration Dear Mr. Tran: Irvine Ranch Water District (IRWI)) has receivoti and reviewed the subject Initial Study and Mitigated Negative Declaration (IS.JMND) and offers the following comments. The IS /MND does not identify IRA'D as a potable water, recycled water or sewerservice pro vider in the project � 8 -1 r icimty. I'lem make= the ncecssary ry isions, The proposed project is not expected to significantly atfleet waiter demand or resourges- IRWD owns and operates inaltiple facilities near the prupase t project. Thte project proprmcenkt will be responsible for protection in plate, relocation, replacement, or repair of those, facilities as affected 8 -2 by project impacts. At your earlicsl convenience, please contact Randy Standbe g in Dove/ patent Services at (949) 453 -555I to discuss plan submittal and review, and to ansure that any facility concerns are nddriemed. IRWD appreciate the opportunity to review and comment on the IS/MND. If you have any questions or require additional infrornation, please call rite at (444) 453 -5441. Sine rely, y �/'� tlj�"h , Iii Christian Kessler Irvine Ranch Water District Water Resources Department CK/clg t4gr tun$tdr[�t71Y6^klMtl9fu mmrxn�! Vid»e?rn:n_ of iamtare Rmd 1"3- MN''C..dWx CC: Randy Sandberg, IRWD Widening of Jamboree Road Between North Bristol Street (Newport Beach) and Centerpointe (Irvine) September 2010 Page 15 ATTACHMENT NO. 4 Errata to MND :• Errata e• ERRATA FOR DRAFT INITIAL STUDY /MITIGATED NEGATIVE DECLARATION The following errata are revisions to the text of the Draft Initial Study/ Mitigated Negative Declaration (MND) for the Widening of Jamboree Road between North Bristol Street (Newport Beach) and Centerpointe (Irvine). These revisions are based on written letters of comment provided by responsible and review agencies, organizations, and individuals that were submitted to the City of Newport Beach during circulation of the Draft IS /MND for public review. Deleted text is designated by strikethrough ( "strikethreugh "); added text is designated by underscoring ( "underscoring'). Section 1.3, Existing Setting, Page 1 -1 Add the following sentence at the end of this section on page 1 -2. The Irvine Ranch Water District (IRWD) is the potable water, recycled water and sewer service provider in the project vicinity. Section 3.4, Biological Resources, Question a, Recommended Mitigation Measures, Page 3 -10 Revise Mitigation Measure MM BR 1 on page 3 -10 to read as follows: MM BR 1: Pre - Construction Survey for Nesting Birds Migratory Birds, CDFG Section 3503, Cooper's Hawk, Yellow- breasted Chat, and Least Bell's Vireo .4110.10 10 Widening of Jamboree Road Between North Bristol Street September 2010 (Newport Beach) and Centerpointe (Irvine) Page 1 Errata ❖ PH WIN In the event that project construction or grading activities (including vegetation removal) should occur within the active breedino season for hirds (i a Fehruary 15 — SPntamhPr commencement of construction activities (no more than 72 hours prior to construction) If no active nests are found within or adjacent to the project work area during the pre construction surrey period, construction activities may proceed as scheduled If an nesting activity. The onsite Project Biologist will determine and flag the appropriate documenting results of the survey and compliances with buffer and /or other measures Prior to authorizing the commencement of construction, the Citv of Newport Beach Director of Public Works or designee shall verify that all project grading and construction plans include specific documentation regarding the requirements of the Migratory Bird Treaty Act (MBTA) and mitigation measures and preconstruction surveys have been completed and that the appropriate buffers established by the Project Biologist and /or other measures (if needed) are noted on the plans and established in the field Because some bird species nest early in Spring and others nest later in Summer surveys for nesting birds should continue during construction to address new arrivals and because some species breed multiple times in a season If listed Endangered or Threatened species are found within 500 feet of the Project Work Area the USFWS and CDFG, as appropriate, will be consulted at the time they are first observed Widening of Jamboree Road Between North Bristol Street (Newport Beach) and Centerpointe (Irvine) September 2010 Page 2 Zci M OWN; WIN In the event that project construction or grading activities (including vegetation removal) should occur within the active breedino season for hirds (i a Fehruary 15 — SPntamhPr commencement of construction activities (no more than 72 hours prior to construction) If no active nests are found within or adjacent to the project work area during the pre construction surrey period, construction activities may proceed as scheduled If an nesting activity. The onsite Project Biologist will determine and flag the appropriate documenting results of the survey and compliances with buffer and /or other measures Prior to authorizing the commencement of construction, the Citv of Newport Beach Director of Public Works or designee shall verify that all project grading and construction plans include specific documentation regarding the requirements of the Migratory Bird Treaty Act (MBTA) and mitigation measures and preconstruction surveys have been completed and that the appropriate buffers established by the Project Biologist and /or other measures (if needed) are noted on the plans and established in the field Because some bird species nest early in Spring and others nest later in Summer surveys for nesting birds should continue during construction to address new arrivals and because some species breed multiple times in a season If listed Endangered or Threatened species are found within 500 feet of the Project Work Area the USFWS and CDFG, as appropriate, will be consulted at the time they are first observed Widening of Jamboree Road Between North Bristol Street (Newport Beach) and Centerpointe (Irvine) September 2010 Page 2 Zci