RES-10273 Approval of Mitigated Negative Declaration to Accomodate Class I Bike Trail Along Santiago CreekRESOLUTION NO. 10273
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND ADOPTING
MITIGATED NEGATIVE DECLARATION 1772-
06,GENERAL PLAN AMENDMENT 2006-
0002, AND MINOR SITE PLAN REVIEW
0446-06, TO ACCOMMODATE THE
CONSTRUCTION OF A CLASS I BIKE TRAIL
ALONG SANTIAGO CREEK FROM TUSTIN STREET
TO WALNUT AVENUE AND ON CITY OWNED
RAILROAD RIGHT OF WAY FROM WALNUT
AVENUE
TO COLLINS AVENUE.APPLICANT:
CITY OF ORANGE WHEREAS, in accordance with the Master Plan of Recreational
Trails and Master Plan of Bikeways, the City desires to establish a transportation/recreational
commuter bike trail along Santiago Creek (
the Project); and WHEREAS, the City received funding in 1999 from
the federal Transportation Enhancement Act (TEA) funds and in 2002 the project received funds
from the local Transportation Demand Management (TDM) to construct the Santiago Creek
Bike Trail -Tustin to Collins (Tustin Branch
Trail); and WHEREAS, in June 2005 City Council directed staff to develop an
alternate alignment for the Santiago Creek Bike Trail- Tustin to Collins (Tustin Branch
Trail); and WHEREAS, the City of Orange retained the firm of Hall and Foreman, Inc.,
to prepare design plans for the Santiago Creek Bike Trail-Tustin to Collins (Tustin
Branch Trail); and WHEREAS, the City Council has reviewed the Hall and Foreman,
Inc. design plans herein referred to as the Plans) in the form presented to the
Planning Commission, consisting of Sheets 1-17, and recommended for approval to
the City Council; and WHEREAS, on September 19,2007 the Staff Review
Committee reviewed the MND and the Project and recommended that the application proceed to
the Planning Commission and the City Council for approval
subject to conditions; and WHEREAS, the Park Planning and Development Commission
reviewed said Plans at the regularly schedule meeting on February 28, 2008 and
recommended approval
to City Council; and WHEREAS, the Planning Commission conducted one
duly advertised public hearing on March 3, 2008, to discuss and hear public input on the Project and at
the end ofthe hearing unanimously recommended the Project for approval to
WHEREAS, processing of General Plan Amendment 2006-0002 and Zone
Change 1239-06 was deemed necessary to best accommodate development of the subject property
as a public park (bike trail) in accordance with the plans and to remove inconsistencies
between the existing General Plan and zoning
designations; and WHEREAS, General Plan Amendment 2006-0002 would also operate
to (i) change the land use classification of Assessor's Parcel No. 383-161-
37 from MDR (Medium Density Residential) to OS-P (Open Space Park) and Assessor'
s Parcel No. 383-181-23 from LMDR Low Medium Density Residential) to
OS-P (Open Space-Park), and (ii) modify Table LU-3 1), Distribution of
Land Use on page 28 of the Land Use Element; and WHEREAS,
Zone Change 1239-06, associated with the Project, would operate to zone Assessor'
s Parcel No. 383-161-37 and 383-181-23 to R-
O (Recreation Open Space); and WHEREAS, Minor Site Plan Review 0446-06 has been undertaken pursuant to Section
17.10.060 of the Orange Municipal
Code and the Project was determined to fall into the
category explained in Section 17.20.060; and WHEREAS, in compliance with the
California Environmental Quality Act (CEQA)California Public Resources Code Sections 21000 et seq.) and the
State CEQA Guidelines California Code of Regulations Section 15000 et seq.), the City,
acting as lead agency, has prepared Mitigated Negative Declaration 1772-06
to evaluate and to inform the public and decision makers of
the potential environmental effects of the Project; and WHEREAS, the City Council
has reviewed and considered the information contained in Mitigated Negative Declaration 1772-06 (
herein collectively referred to as the MND),comments received during the public review
period for the MND, and Responses to Comments, finds and determines that,
in their independent judgment, with the adoption of mitigation
measures and conditions of approval to address potential impacts to biological resources, geology and
soils, and hydrology and water quality:i) That there is no substantial evidence
that the Project will have a significant effect on the environment,
except as identified and considered in the MND, and that the MND reflects the
City's independent judgment and analysis;ii) That changes or alterations
have been required
in, or incorporated into, the Project which mitigate or avoid the significant environmental effects
thereof, as identified in the MND;iii) That
it is neither necessary nor required that an environmental impact report be prepared for the
Project described in the MND;iv)
That
WHEREAS, the City Council has received and duly considered all the information and
facts set forth in the agenda report presented and any testimony received from staff and the
public, at the public hearing at which the Project was considered, which is hereby incorporated
into the record.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
on the basis of the facts set forth in the agenda report presented to it and any testimony
received at the public hearing at which this matter was considered, that the City Council take
the following action:
1. Approve and adopt the MND and the Mitigation Monitoring and Reporting Program
the MMRP) contained in the MND, finding that the foregoing recitals are true and
correct and that the document adequately describes the impacts of the proposed Project
and has been prepared in conformance with the provisions of CEQA;
2. Approve General Plan Amendment 2006-0002 changing the land use classification
of Assessor's Parcel No. 383-161-37 from MDR (Medium Density
Residential) to OS-P Open Space Park) and Assessor's Parcel No. 383-
181-23 from LMDR (Low Medium Density Residential) to OS-P (Open
Space-Park), and (ii) modify Table LU-3 (1),Distribution of Land Use on
page 28 of the Land Use Element, as follows:Land
Use Category and Typical Density, Area (
acres) Total units,
Maximum Permitted Intensity factor thousand square Density, Intensity feet Medium Low 14.
30 du/acre .:
m-791 (-2) 11,33711,311 (-26)15-24 du/acre)Low Medium 6.71
1,675 1,
674 (-1) 11 ,21 0 11,233 (-7)6-
15 du/acre)Open Space-Parks 0 -l-;-8-18- 1,971 (+2) -3. Approve Minor
Site Plan Review 0446-06 in accordance with the
Plans on the basis
of the following
findings and subject to the following conditions.SECTION 1 - FINDINGS
General Plan Amendment 1. The proposed General Plan Amendment eliminates inconsistencies between
the existing General Plan and proposed zoning designations and proposes a land use designation that allows and
also reflects the proposed use of the site as a bike trail.
The OS-P designation applies specifically to public lands used for passive and
active recreation. Upon City Council approval of the General Plan Amendment, the City's
General Plan Map will be updated to reflect this change in land use designation.
The amendment to the current LMDR and MDR General Plan land use designation is
appropriate since the existing site is not particularly suited for
housing
2. The development of a bike trail results in significant public benefits that further the
goals and policies of the General Plan, related to quality of life and provision of
recreational amenities for the community.
3. The project is compatible with the surrounding residential development, and is
consistent with the long-range intent of the General Plan in that it furthers the City'
s land use, circulation, open space, and recreational
goals.Minor Site Plan Review Required Findings pursuant to Section 17.10.060 H of
the Orange Municipal
Code 4. The proposed design concept is compatible with the character of the
surrounding development and neighborhoods. Since the surrounding areas are generally
residential or open space/recreation in nature the proposed design of the bike trail is
compatible with the surrounding areas. In addition, the project has the potential to provide
an alternate mode of transportation, which connects existing neighborhoods and
parks.5. The project substantially conforms to City development standards. The Minor
Site Plan Review 0446-06 is one component of the larger development
application for General Plan Amendment No. 2006-0002 and Zone Change
No. 1239-06, which changes the General Plan land use designation to Open Space Park
and the zoning to Recreation Open Space. The project has been reviewed
by the Staff Review Committee and Planning Commission to ensure that the project
is in compliance with the OMC and all applicable City development standards. As
stated above, the project is an implementation of the Master Plan of Bikeways and meets
all standards set forth
in the General Plan.6. The project provides for safe and adequate
vehicular bicycle and pedestrian circulation. Where the trail crosses roadways, crossings are
grade separated so that there is no potential for vehicle/pedestrian conflicts. The
project includes six (6)emergency access routes located at the bike trail entrance
on Wanda Road, Tustin Street (existing connection), Walnut Avenue, Sacramento
Street, Dana Avenue, and Palm Avenue. In addition, there are two (2) pedestrian access
ways located on Tustin Street (existing)
and Orange Grove Circle.7. The City's Public Works, Fire, and Police Departments have
reviewed the project and indicated that City services are available and adequate to
serve the project. These departments have indicated that, with adoption of
the proposed mitigation measures,conditions of approval, and application of
standard development conditions, potential impacts
can be adequately addressed.8. With the implementation of mitigation measures, and
standard conditions, the project will fully mitigate or substantially minimize
adverse environmental effects. Mitigated Negative Declaration 1772-06 includes
mitigation measures and standard conditions that reduce potential impacts to biological resources,
geology and soils, and hydrology and water quality to less-
than-significant levels. With the adoption and implementation of the
mitigation monitoring program, environmental effects
of
SECTION 2 -CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with
approval:
General
1. All construction shall conform in substance and be maintained in general conformance
with plans as recommended for approval by the Planning Commission and ultimately
approved by the City Council.
2. The conditions required prior to and during construction will be reprinted on the cover
sheet or first page of construction plans prior to the issuance of building permits
Community Services
3. The applicant shall coordinate with Kinder Morgan to confirm the location, depth and
appropriate protection measures for the onsite jet fuel pipeline located on the railroad
right of way from W alnut Avenue to Collins Avenue prior to issuance of grading
permits for construction. Appropriate protection measures as directed by Kinder
Morgan shall be incorporated into design plans and specifications and implemented
during construction.
Public Works
4. The applicant shall submit a Water Quality Management Plan to the Public Works
Department for review and approval prior to the issuance of grading permits. The plan
shall address both construction and long-term operating conditions on the site.
The final site improvement plans shall meet all City NPDES permit
requirements applicable at the time of permit issuance. Compliance with these requirements shall
be ensured by the Community Services Director or her
designee.
Fire 5. The applicant shall provide adequate on site turnaround areas for fire vehicles,
fire hydrants in appropriate locations, and adequate emergency vehicle access. Final
design plans demonstrating compliance with fire access requirements shall be submitted to
the Orange Fire Department for review and approval prior to issuance of grading
permits.
Environmental 6. The City's construction contractor shall comply with SCAQMD's Rule 403
governing dust suppression. During construction, the City/construction contractor
shall implement best available control measures to prevent visible dust emissions
from leaving the project site boundary, including the following or the equivalent
as determined by the City's Construction
Manager:
Thoroughly water active sites prior to and during earthmoving;
Water active sites at least two times per day;
Cover all haul vehicles and/or maintain at least two feet of freeboard (vertical
distance between the top of the trailer walls and the top of the dirt) to reduce
fugitive dust generated during the transport of materials to and from site;
Cover all stockpiles of dirt;
All grading and excavating activities shall be suspended when wind speeds exceed
25 mph;
All streets shall be swept once per day if visible soil/concrete materials are
transferred to public streets (Standard Condition 5.3-
1).7. The City shall comply with the provisions of the Greenbook-
Standard Specifications for Public Works Construction related to minimizing air quality
impacts during construction (Standard Condition
5.3-2).8. City-designed construction and supervisory field personnel
will attend a pre-construction environmental awareness training that
focuses on avoidance and minimization measures to reduce impacts to
the adjacent environmentally sensitive area (ESA) located at Chapman Avenue and Palm
Avenue. Furthermore, an agenda,date, and name of the qualified trainings instructor shall be
submitted to Caltrans prior to the start of training since the proposed project
is partially federally funded
Mitigation Measure 5.4-1).9. The ESA in the areas of the proposed pedestrian
bridge, south of East Chapman Avenue and Palm Avenue (if applicable) will be clearly
fenced or flagged using bright colored materials, such as orange snow fence. The ESA
must be clearly visible and identifiable to construction personnel. The ESA will be
fenced or flagged where it occurs within 100 feet of the proposed work limits. The ESA
fence shall be the first item of work and be maintained throughout
the project
limits (Mitigation Measure 5.4-2).10. In order to prevent inadvertent sediment releases
into Santiago Creek, silt fencing shall be properly installed upslope of the
creek prior toany
project-related activities Mitigation Measure 5.4-3).11. A qualified biological monitor
will be present when vegetation removal is proposed within areas that are 100 feet from a
flagged
or fenced ESA (Mitigation Measure 5.4-4).12. As stated in Per MM 5.4-7,
prior to project construction the City shall obtain approval of a 1601
Streambed Alteration Agreement from the California Department of Fish and Game, which
requires habitat replacement for all affected areas within the California Department
of Fishand Game jurisdiction. The agreement required under MM 5.4-7
shall include the total impact area/acreage to vegetation communities affected near Chapman Avenue
and the affected area at Palm Avenue identified in the updated Natural
Environment Study. Re-vegetation of the 0.077 acre of southern willow
scrub temporarily removed at Palm Avenue will be re-vegetated using a
combination
lasiolepis). All required mitigation under the 1601 Streambed Alteration Agreement
shall be implemented to the satisfaction of the California Department of Fish and
Game prior to project completion or allowed time frames (determined by CDFG)
Mitigation Measure 5.4-
5).13. All construction activities will be conducted outside the nesting season (February
1 through September 15). However, construction may proceed during the nesting
season provided that pre-project surveys and monitoring will be conducted for
the project footprint and up to a 500-foot buffer (500 feet for raptors and 300
feet for non-raptors)and they demonstrate that nesting birds are not
present in the area.Preconstruction surveys will be conducted by a qualified biologist no
more than 7 days prior
to scheduled construction activities.Because only a few small areas within the
project footprint involve vegetation removal, most potential impacts to nesting birds will be in the
form of indirect impacts such as noise, dust, and vibration. Therefore, depending on the
type and duration of activities planned for a particular construction area and the distance
from a nest site,the qualified biologist will determine on a case-by-
case basis those nests that will
require a halt in construction activities.If a nest is found, limits of construction to avoid the nest
will be established in the field by the qualified biologist with flagging and
stakes, flagged silt fencing, or other methods clearly visible
and identifiable to construction personnel. Construction personnel will be instructed on the sensitivity of
the area by the qualified biologist.The biologist will record the
results of implementing the recommended protective features described above to document
compliance with applicable state and federal laws pertaining to the protection of covered birds,
with copies provided to both the U.S. Fish and Wildlife Service (USFWS) and CDFG within
45 days of the end of surveys. If no
nests are observed, construction may
continue.Area 3 - Chapman Avenue All construction activities within 300 feet of
the occupied habitat near Chapman Avenue will be conducted outside the least Bell's
vireo nesting season (
March 15 through September 15).Construction may proceed during the
breeding season provided that pre-project focused surveys and
monitoring during project implementation demonstrate that vireo are not present in the area. Ifvireos
are absent, the project may proceed.If vireo are present within 300 feet
of proposed construction activity, the project will be delayed
until after the vireo have left.Preconstruction focused surveys for least Bell's vireo will
be conducted for Area 3 by a qualified biologist no more than 7
days prior to scheduled construction activities.Focused surveys for Area 3 will be
conducted using the following methodology: Prior to construction during the breeding season, a
minimum of three focused surveys will be conducted on separate days to determine the presence
of
the project footprint. Surveys will begin a maximum of seven days prior to performing
initial vegetation clearing, and one survey will be conducted the day immediately prior
to removing vegetation. Once construction has been initiated, surveys will continue to
be conducted once every two weeks throughout the remainder of the breeding season,
although the surveys may be relocated in frequency or halted with the approval of the
United States Fish and Wildlife Service (USFWS) if vireos are not observed after May
15.
Documentation of survey results shall be sent to Caltrans and the California
Department of Fish and Game (CDFG) within seven days of completion of each
survey since the project is partially federally funded and the least Bell's vireo is a state
and federally listed endangered species.
Area 2 - PalmAvenue A
focused survey for least Bell's vireo will be required for Area 2 using USFWS protocol
and during the USFWS-approved window between April 10 and July 31 prior
to project implementation.
If the least Bell's vireo is not found, no further action is necessary.
If the species is found present in Area 2 (Palm Avenue), where direct and
indirect impacts would occur, consultation with USFWS and CDFG will be
necessary to comply with federal and state law prior to commencement of
construction. If permanent removal of occupied habitat is required, 2: 1
mitigation via habitat replacement activities described in MM 5.4-8 is
proposed or equivalent as determined by USFWS and CDFG during the
consultation process (Mitigation Measure5.
4-6).14. Non-native vegetation will be removed from the patch of
riparian vegetation in Santiago Creek just downstream of Chapman Avenue where the
LBV was observed and will be removed in Area 2- Palm Avenue. All vegetation
removal will be conducted consistent with a simple plan that describes which
vegetation will be removed and the methodology that will be used to remove the
vegetation. The non-native vegetation removal plan shall be submitted to Caltrans for
review and CDFG.Caltrans will then submit the information to the USFWS for review
and approval prior to project initiation since the project is partially federally
funded (Mitigation
Measure 5.4-7).15. Prior to implementation of the project, the Community
Services Department of the City of Orange shall receive approval of a
1601 Streambed Alteration Agreement which includes the enhancement of Santiago
Creek through non-native vegetation removal or native plantings; or the purchase
of credits from an agency-approved mitigation bank to conduct restoration
activities within the larger watershed; or equivalent from the California Department of Fish and Game. AI:
1.5 ratio for a total of 0.79 acre or equivalent (determined by CDFG)
shall be mitigated priorto
project
16. Prior to implementation of the project, the Community Services Department of the
City of Orange shall receive a 404 Authorization from the United States Army Corps
of Engineers which includes an agreement to mitigate approximately 0.006 acre of
permanent impacts and 0.07 acre of temporary impacts of federally jurisdictional
waters, respectively (including permanent and temporary impacts to 0.01 and 0.06 acre
of wetlands). 2: 1 ratio mitigation, for a total of 0.122 acre and mitigation including
enhancement of Santiago Creek through nonnative vegetation removal or native
plantings; the purchase of credits from an agency-approved mitigation bank to
conduct restoration activities within the larger watershed shall be recommended, however
final mitigation ratio and method of mitigation will be determined by the ACOE during
the 404 Nationwide Permit (NWP) process (Mitigation Measure 5.
4-9).17. Prior to implementation of the project, the Community Services Department
of the City of Orange shall submit a written request under Section 404 of the CW
A, pursuant to 33 CFR Part 330 for a Section 401 water quality certification to the
Regional Water Quality Control Board to ensure no degradation of water quality will result
from the proposed project (MitigationMeasure
5.4-10).18. Construction contract specifications shall require that
construction activities shall temporarily be halted if any prehistoric artifacts are uncovered
during excavation or grading, and an Orange County-certified archaeologist shall be
retained to evaluate the significance of the find and develop a recovery
program, if warranted (
Standard Condition 5.5-1).19. Construction contract specifications shall
require that construction activities shall temporarily be halted if any paleontological
artifacts are uncovered during excavation or grading, and an Orange County-certified
paleontologist shall be retained to evaluate the significance of the find and develop
a recovery program,
if warranted (Standard Condition 5.5-2).20. Construction contract
specifications shall require that construction actIvIties shall temporarily be halted if any
human remains are uncovered during excavation or grading, and the Orange County
Coroner shall be contacted. No disturbance or removal of human remains shall occur until the
Coroner has investigated the site. If the Coroner determines that the
remains are prehistoric, the Native American Heritage Commission
shall be contacted (Standard Condition 5.5-3).21. During construction, the
City contractor shall comply with standard erosion control measures as
outlined in the Greenbook-Standard Specifications for Public Works Construction.
The Contractor shall exercise every reasonable precaution to protect channels, storm drains,
and bodies of water from pollution, and shall conduct operations to minimize or
avoid muddying and silting of channels, drains and waters.The Director
of Community Services or
her designee shall ensure compliance Standard Condition 5.6-1).22. Prior to the
issuance of the grading permit, the City/Contractor shall demonstrate compliance with
the City's General Permit for Stormwater Discharges in conformance
with
City of Orange or construction contractor shall also file a Notice of Intent with the
State Water Resources Control Board (SWRCB) and prepare a Stormwater Pollution
Prevention Plan (SWPPP) that includes the identification and implementation of
applicable Best Management Practices (BMPs) to control erosion and a monitoring
program to determine the effectiveness of the prescribed BMPs. Runoff from
equipment and vehicle washing shall be contained at the construction site upon
completion of construction, a Notice of Termination must be filed with the SWRCB.
The following Best Management Practices (BMPs) to control erosion during
construction shall be implemented. These BMP's would include the following (or the
equivalent as determined by the City's construction manager and City Water Quality
Specialist):
Sediment from areas disturbed during construction shall be retained onsite using
structural controls (such as plastic sheeting, sandbags, check berms or desilting
basins) to the maximum extent practicable to prevent erosion.
Stockpiles of soil shall be properly contained and covered to avoid sediment
transport from the site via runoff, vehicle tracking or wind.
Runoff from equipment and vehicle washing shall be contained at the construction
site.
The Director of Community Services or her designee shall ensure compliance
Mitigation Measure 5.6-
1).23. In order to prevent inadvertent sediment releases into the ESA, which
includes Santiago Creek, silt fencing shall be properly installed upslope of the ESA prior to
any project-related activities (Mitigation Measure
5.6-2).24. Prior to any work within the KM easement, the City will notify
and provide design plans to Kinder Morgan of the proposed project and all activities within
or near the pipeline easement. The City will coordinate with KM
to implement precautionary measures during construction to ensure protection of the
pipeline, such as implementation of a construction management plan and/or onsite monitoring
by a KM representative during clearing activities, if required by
KM. Landscaping proposed over the pipelines shall be limited to small shrubs, groundcover, and
native seed mix,unless otherwise approved by Kinder Morgan (Standard
Condition 5.7-1).25. A barrier fence along the bike trail where it is adjacent to
side slopes shall be constructed to restrict trash and debris from entering
the creek. Additionally, trash receptacles and pet waste stations shall be installed along the trail
by the City of Orange in accordance with the plans provided in
the project Water Quality management Plan. Monitoring and maintenance of these BMPs
shall be conducted by the City in accordance with the Inspection Matrix provided
in the WQMP (
Mitigation Measure 5.8-1).26. All building materials or equipment stored or used
on the project site during construction shall be stored so as to minimize
potential impacts to surface and groundwater. Appropriate techniques to employ
include storing materials inside or under cover on paved surfaces,
secondary
training of subcontractors and construction workers. The period of time that such
materials are stored on the site shall be kept to a minimum. After construction is
complete, the contractor shall dispose of remaining materials appropriately, according
to local, state, and federal regulations (Mitigation Measure 5.8-
2).27. Construction shall not occur outside of the hours permitted by the City of
Orange Municipal Code Section 8.24.050. The Director of Community Services or
his designee shall ensure compliance with existing regulations (Standard
Condition 5.
11-1).28. Construction contract specifications shall require that all construction debris
and trash shall be collected and disposed of at an approved landfill or
recycling facility.Construction debris shall be recycled to the greatest extent
practical (Standard Condition
5.16-1).ADOPTED this 25th day
of
March, 2008
ATTEST:Mary E I, MARY E. MURPHY, City Clerk of the City of Orange, California,
do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 25th day of March, 2008, by
the
following
vote:
AYES:
NOES:ABSENT:ABSTAIN:COUNCILMEMBERS: Smith, Murphy,
Cavecche, Dumitru,
Bilodeau COUNCILMEMBERS:
None COUNCILMEMBERS:
None