11.01 Trails at Santiago Creek 8 - Attachment 16Mitigation Monitoring Report- Page1
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
MITIGATION MONITORING AND REPORTING PROGRAM
State Clearinghouse No: 2017031020
PROJECT NAME: Trails at Santiago Creek Specific Plan
PROJECT LOCATION: City of Orange
PROJECT DESCRIPTION:The Trails at Santiago Creek Specific Plan proposes the transformation of a rock and concrete materials recycling and backfilling
operation to an environmentally enhanced, ecologically friendly open space environment embracing a well-planned and attractive single-family detached
residential neighborhood. The project proposes the development of 128 dwellings on approximately 40.7 acres of the approximately 109.2-acre site, with varying
lots sizes including lots larger than 8,000 square feet. The majority of the project site (62.7 percent) is intended for the enhancement and preservation of the natural
greenway/open space and Santiago Creek environs, as well as re-establishing open grasslands in areas that have been denuded by the project site’s history of
commercial operations, totaling approximately 68.5 acres. Recreational trails will provide public access to the enhanced revegetated interior of the site.
LEAD AGENCY: City of Orange
CONTACT PERSON/ TELEPHONE NO.: Robert Garcia, Senior Planner / 714.744.7231
APPLICANT: Milan Capital Management
CONTACT PERSON/ TELEPHONE NO.: Christopher Nichelson, President / 714.687.0000
TIME FRAME: Where the time frame required for compliance with a mitigation measure is prior to issuance of a particular permit, the responsible party for
monitoring shall ensure compliance at any time prior to issuance of the permit. Where the time frame required for compliance with a mitigation measure is
“during” a particular activity, such as construction, the party responsible for monitoring shall monitor periodically during that time frame.
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
Aesthetics
MM
AES-3
Prior to issuance of building permits, the
project applicant shall prepare and submit
lighting plans to the City of Orange for
review and approval. The plans shall
demonstrate that all exterior lighting fixtures
comply with Orange Municipal Code
Chapter 17.12.030, which requires that new
light fixtures be directed, controlled,
Prior to issuance
of building
permits; Applicant
Prior to issuance of
building permits;
City of Orange
Mitigation Monitoring Report- Page2
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
screened or shaded in such a manner as not
to shine directly on surrounding premises.
Additionally, lighting on any residential
property must be controlled so as to prevent
glare or direct illumination of any public
sidewalk or thoroughfares.
Agriculture and Forestry Resources
No mitigation is necessary.
Air Quality
MM
AIR-1a
During construction, all equipment shall be
maintained in good operating condition so as
to reduce emissions. The construction
contractor shall ensure that all construction
equipment is properly serviced and
maintained in accordance with the
manufacturer’s specifications. Maintenance
records shall be available at the construction
site for City verification.
During
construction,
including site
preparation and
grading activities;
Applicant
During
construction,
including site
preparation and
grading activities;
City of Orange
MM
AIR-1b
All paints and coatings shall meet or exceed
performance standards noted in SCAQMD
Rule 1113. To ensure compliance with
SCAQMD Rule 1113, the following volatile
organic compound (VOC) control measures
shall be implemented during architectural
coating activities:
a) Use paints with a VOC content of no
more than 50 grams per liter for both interior
and exterior coatings.
b) Keep lids closed on all paint containers
when not in use to prevent VOC emissions
and excessive odors.
During painting
and coating
activities;
Applicant
During painting and
coating activities;
City of Orange
Mitigation Monitoring Report- Page3
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
c) Use compliant low VOC cleaning
solvents to clean paint application
equipment.
d) Keep all paint and solvent laden rags in
sealed containers to prevent VOC emissions.
MM
AIR-1c
Prior to the issuance of grading permits for
the project, the project applicant shall
include a dust control plan as part of the
construction contract standard
specifications. The dust control plan shall
include measures to meet the requirements
of SCAQMD Rules 402 and 403. Such
basic measures may include but are not
limited to the following:
a) All haul trucks shall be covered prior to
leaving the site to prevent dust from
impacting the surrounding areas.
b) Moisten soil each day prior to
commencing grading to depth of soil cut.
c) Water exposed surfaces at least three
times a day under calm conditions, and as
often as needed on windy days or during
very dry weather in order to maintain a
surface crust and minimize the release of
visible emissions from the construction site.
d) Treat any area that will be exposed for
extended periods with a soil conditioner to
stabilize soil or temporarily plant with
vegetation.
e) Use street sweepers that comply with
SCAQMD Rules 1186 and 1186.1.
Prior to issuance
of grading
permits; Applicant
Prior to issuance of
grading permits;
City of Orange
Mitigation Monitoring Report- Page4
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
f) All contractors shall turn off all
construction equipment and delivery
vehicles when not in use, or limit on-site
idling to no more than 5 minutes in any one
hour.
g) On-site electrical hook ups to a power
grid shall be provided for electric
construction tools including saws, drills, and
compressors, where feasible, to reduce the
need for diesel powered electric generators.
h) Traffic speeds on all unpaved roads to be
reduced to 15 miles per hour or less.
i) Sweep streets at the end of the day if
visible soil is carried onto adjacent public
paved roads.
MM
AIR-1d
Prior to and during grading activities, the
project applicant shall comply with South
Coast Air Quality Management District Rule
403 as follows:
• The applicant shall submit a fully executed
Large Operation Notification (Form 403 N)
to the SCQAMD Executive Officer within 7
days of qualifying as a large operation. The
form shall include the name(s), address(es),
and phone number(s) of the person(s)
responsible for the submittal, and a
description of the operation(s), including a
map depicting the location of the site.
• Maintain daily records to document the
specific dust control actions taken, maintain
such records for a period of not less than
Prior to and during
grading activities;
Applicant
Prior to and during
grading activities;
City of Orange
Mitigation Monitoring Report- Page5
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
three years; and make such records available
to the Executive Officer upon request
• Install and maintain project signage with
project contact signage that meets the
minimum standards of the Rule 403
Implementation Handbook, prior to
initiating any earthmoving activities
• Identify a dust control supervisor that (1) is
employed by or contracted with the property
owner or developer; (2) is on the site or
available on-site within 30 minutes during
working hours; (3) has the authority to
expeditiously employ sufficient dust
mitigation measures to ensure compliance
with all Rule requirements; (4) has
completed the AQMD Fugitive Dust Control
Class and has been issued a valid Certificate
of Completion for the class; and (5) will
notify the Executive Officer in writing
within 30 days after the site no longer
qualifies as a large operation.
MM
AIR-1e
Prior to and during grading activities, the
project applicant shall implement the
following dust control measures for large
operations, as applicable, pursuant to South
Coast Air Quality Management District Rule
403:
Earth Moving (except construction
cutting and filling areas, and mining
operations)
Prior to and during
grading activities;
Applicant
Prior to and during
grading activities;
City of Orange
Mitigation Monitoring Report- Page6
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
1a. Maintain soil moisture content at a
minimum of 12 percent, as determined by
ASTM method D-2216, or other equivalent
method approved by the Executive Officer,
the California Air Resources Board, and the
U.S. EPA. Two soil moisture evaluations
must be conducted during the first three
hours of active operations during a calendar
day, and two such evaluations each
subsequent four-hour period of active
operations; or
1a-1. For any earth-moving which is more
than 100 feet from all property lines,
conduct watering as necessary to prevent
visible dust emissions from exceeding 100
feet in length in any direction.
Earth Moving—Construction Fill Areas
1b. Maintain soil moisture content at a
minimum of 12 percent, as determined by
ASTM method D-2216, or other equivalent
method approved by the Executive Officer,
the California Air Resources Board, and the
U.S. EPA. For areas which have an optimum
moisture content for compaction of less than
12 percent, as determined by ASTM Method
1557 or other equivalent method approved
by the Executive Officer and the California
Air Resources Board and the U.S. EPA,
complete the compaction process as
expeditiously as possible after achieving at
Mitigation Monitoring Report- Page7
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
least 70 percent of the optimum soil
moisture content. Two soil moisture
evaluations must be conducted during the
first three hours of active operations during
a calendar day, and two such evaluations
during each subsequent four-hour period of
active operations.
Earth Moving—Construction Cut Areas
and Mining Operations
1c. Conduct watering as necessary to
prevent visible emissions from extending
more than 100 feet beyond the active cut or
mining area unless the area is inaccessible to
watering vehicles due to slope conditions or
other safety factors.
Disturbed Surface Areas—Completed
Grading Areas
2a/b. Apply dust suppression in sufficient
quantity and frequency to maintain a
stabilized surface. Any areas which cannot
be stabilized, as evidenced by wind driven
fugitive dust must have an application of
water at least twice per day to at least 80
percent of the unstabilized area.
2c. Apply chemical stabilizers within five
working days of grading completion; OR
2d. Take actions (3a) or (3c) specified for
inactive disturbed surface areas.
Mitigation Monitoring Report- Page8
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
Inactive Disturbed Surface Areas
3a. Apply water to at least 80 percent of all
inactive disturbed surface areas on a daily
basis when there is evidence of wind driven
fugitive dust, excluding any areas which are
inaccessible to watering vehicles due to
excessive slope or other safety conditions; or
3b. Apply dust suppressants in sufficient
quantity and frequency to maintain a
stabilized surface; or
3c. Establish a vegetative ground cover
within 21 days after active operations have
ceased. Ground cover must be of sufficient
density to expose less than 30 percent of
unstabilized ground within 90 days of
planting, and at all times thereafter; OR
3d. Utilize any combination of control
actions (3a), (3b), and (3c) such that, in
total, these actions apply to all inactive
disturbed surface areas.
Unpaved Roads
4a. Water all roads used for any vehicular
traffic at least once per every two hours of
active operations [3 times per normal 8-hour
work day]; or
4b. Water all roads used for any vehicular
traffic once daily and restrict vehicle speeds
to 15 miles per hour; or
4c. Apply a chemical stabilizer to all
unpaved road surfaces in sufficient quantity
Mitigation Monitoring Report- Page9
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
and frequency to maintain a stabilized
surface.
Open Storage Piles
5a. Apply chemical stabilizers; or
5b. Apply water to at least 80 percent of the
surface area of all open storage piles on a
daily basis when there is evidence of wind
driven fugitive dust; or
5c. Install temporary coverings; or
5d. Install a three-sided enclosure with walls
with no more than 50 percent porosity which
extend, at a minimum, to the top of the pile.
This option may only be used at aggregate-
related plants or at cement manufacturing
facilities.
All Categories
6a. Any other control measures approved by
the Executive Officer and the U.S. EPA as
equivalent to the methods specified in this
mitigation measure may be used.
MM
AIR-1f
Prior to and during grading activities, the
project applicant shall implement the
following contingency control measures for
large operations, as applicable, pursuant to
and when required by South Coast Air
Quality Management District Rule 403:
Earth Moving
Prior to and during
grading activities;
Applicant
Prior to and during
grading activities;
City of Orange
Mitigation Monitoring Report- Page10
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
1A. Cease all active operations; or
2A. Apply water to soil not more than 15
minutes prior to moving such soil.
0B. On the last day of active operations
prior to a weekend, holiday, or any other
period when active operations will not occur
for not more than four consecutive days:
apply water with a mixture of chemical
stabilizer diluted to not less than 1/20 of the
concentration required to maintain a
stabilized surface for a period of six months;
OR
1B. Apply chemical stabilizers prior to wind
event; or
2B. Apply water to all unstabilized disturbed
areas 3 times per day. If there is any
evidence of wind driven fugitive dust,
watering frequency is increased to a
minimum of four times per day; or
3B. Establish a vegetative ground cover
within 21 days after active operations have
ceased. Ground cover must be of sufficient
density to expose less than 30 percent of
unstabilized ground within 90 days of
planting, and at all times thereafter; or
4B. Utilize any combination of control
actions (1B), (2B), and (3B) such that, in
total, these actions apply to all disturbed
surface areas.
Unpaved Roads
Mitigation Monitoring Report- Page11
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
1C. Apply chemical stabilizers prior to wind
event; or
2C. Apply water twice per hour during
active operation; or
3C. Stop all vehicular traffic.
Open Storage Piles
1D. Apply water twice per hour; or
2D. Install temporary coverings.
Paved Road Track Out
1E. Cover all haul vehicles; or
2E. Comply with the vehicle freeboard
requirements of Section 23114 of the
California Vehicle Code for both public and
private roads.
All Categories
1F. Any other control measures approved by
the Executive Officer and the U.S. EPA as
equivalent to the methods specified in this
mitigation measure may be used.
MM
AIR-1g
During construction activities, all off-road
equipment with engines greater than 50
horsepower shall meet either EPA or ARB
Tier IV Final off-road emission standards.
The construction contractor shall maintain
records concerning its efforts to comply with
this requirement, including equipment lists.
Off-road equipment descriptions and
During
construction
activities;
Applicant
During construction
activities; City of
Orange
Mitigation Monitoring Report- Page12
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
information may include but are not limited
to equipment type, equipment manufacturer,
equipment identification number, engine
model year, engine certification (Tier
rating), horsepower, and engine serial
number.
If engines that comply with Tier IV Final
off-road emission standards are not
commercially available, then the
construction contractor shall use the next
cleanest piece of off-road equipment (e.g.,
Tier IV Interim) available. For purposes of
this mitigation measure, “commercially
available” shall mean the availability of Tier
IV Final engines taking into consideration
factors such as (i) critical-path timing of
construction; and (ii) geographic proximity
to the project site of equipment. The
contractor can maintain records for
equipment that is not commercially
available by providing letters from at least
two rental companies for each piece of off-
road equipment where the Tier IV Final
engine is not available.
Biological Resources
MM
BIO-2a
Prior to the issuance of any grading permit
for areas supporting least Bell’s vireo habitat
(such as southern cottonwood-willow
riparian forest), the project applicant shall
obtain federal and State take authorizations
Prior to the
issuance of any
grading permit for
areas supporting
least Bell’s vireo
Prior to the issuance
of any grading
permit for areas
supporting least
Bell’s vireo habitat
Mitigation Monitoring Report- Page13
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
via regulatory permits (such as a CWA
Section 404 permit issued by the United
States Army Corp of Engineers [USACE]),
which will require that the U.S. Fish and
Wildlife Service (USFWS) be consulted as
provided for by Section 7 of the FESA (for
the federally listed least Bell’s vireo). The
federal regulatory permits (such as CWA
Section 404 permit issued by the USACE)
provide a “federal nexus” by which Section
7 consultation can occur. This statute
imposes the obligation on federal agencies
to ensure that their actions (such as issuing
federal CWA permits for this project) are
not likely to jeopardize the continued
existence of a listed species or destroy or
adversely modify its designated critical
habitat. This obligation is enforced through
the procedural requirement that agencies
such as the USACE initiate consultation
with the USFWS on any actions that may
affect a threatened or endangered species.
During the FESA Section 7 consultation
anticipated for this project, the USFWS will
gather all relevant information concerning
the proposed project and the potential
project-related impacts on the least Bell’s
vireo (i.e., the project applicant will submit a
species-specific Biological Assessment),
prepare its opinion with respect to whether
the project is likely to jeopardize the
habitat and during
construction
activities;
Applicant
and during
construction
activities; City of
Orange
Mitigation Monitoring Report- Page14
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
continued existence of the species (i.e., the
USFWS will issue a Biological Opinion),
and recommend mitigation/conservation
measures where appropriate. Additionally,
the need for State regulatory permits (i.e.,
Fish and Game Code Section 1602
Streambed Alteration Agreement issued by
the California Department of Fish and
Wildlife [CDFW]) will require a
Consistency Determination from the CDFW
for the State-listed least Bell’s vireo under
CESA.
In addition, the following best management
practices (BMPs) will ensure that indirect
impacts will not occur to the least Bell’s
vireo within 300 feet of occupied habitat as
monitored by a certified biologist:
1. Construction limits in and around least
Bell’s vireo potential habitat shall be
delineated with flags and fencing prior to the
initiation of any grading or construction
activities.
2. Prior to grading and construction a
training program shall be developed and
implemented to inform all workers on the
project about listed species, sensitive
habitats, and the importance of complying
with avoidance and minimization measures.
3. All construction work shall occur during
the daylight hours. The construction
Mitigation Monitoring Report- Page15
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
contractor shall limit all construction-related
activities that would result in high noise
levels according to the construction hours
determined by the City.
4. During all excavation and grading on-site,
the construction contractors shall equip all
construction equipment, fixed or mobile,
with properly operating and maintained
mufflers, consistent with manufacturers’
standards to reduce construction equipment
noise to the maximum extent possible. The
construction contractor shall place all
stationary construction equipment so that
emitted noise is directed away from
sensitive receptors (i.e., least Bell’s vireo
territory within Santiago Creek) nearest the
project site.
5. The construction contractor shall stage
equipment in areas that will create the
greatest distance between construction-
related noise sources and noise sensitive
receptors nearest the project site during all
project construction.
6. Noise from construction activities shall be
limited to the extent possible through the
maximum use of technology available to
reduce construction equipment noise.
Project-generated noise, both during
construction and after the development has
been completed, shall be in compliance with
the requirements outlined in the City of
Mitigation Monitoring Report- Page16
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
Orange General Plan Noise Element to
ensure that noise levels to which the riparian
area is exposed do not exceed noise
standards for residential areas.
7. The project shall be designed to minimize
exterior night lighting while remaining
compliant with City of Orange ordinances
related to street lighting. Any necessary
lighting (e.g., to light up equipment for
security measures), both during construction
and after the development has been
completed, will be shielded or directed away
from Santiago Creek and are not to exceed
0.5 foot-candles. Monitoring by a qualified
lighting engineer (attained by the project
applicant and subject to spot checking by
City Staff) shall be conducted as needed to
verify light levels are below 0.5 foot-candles
required within identified, occupied least
Bell’s vireo territories, both during
construction and at the onset of operations.
If the 0.5 foot-candles requirement is
exceeded, the lighting engineer shall make
operational changes or install a barrier to
alleviate light levels during the breeding
season.
8. Two brown-headed cowbird traps shall be
installed and maintained within the general
vicinity of the habitat for five years. If
equestrian trails are proposed within the
project site, which may result in increased
Mitigation Monitoring Report- Page17
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
horse manure and the potential for increased
foraging resources for brown-headed
cowbirds, an ongoing manure management
receptacle/maintenance plan shall be
prepared and implemented.
MM
BIO-2b
The following shall be incorporated into the
Biological Assessment as proposed
mitigation for potential impacts to least
Bell’s vireo, subject to USFWS and CDFW
approval:
1.On‐ or off‐site restoration or
enhancement of least Bell’s vireo
habitat at a ratio no less than 3:1 for
permanent grading impacts.
During
preparation of
Biological
Assessment in
areas of least
Bell’s vireo
habitat; Applicant
During review of
Biological
Assessment; City of
Orange, USFWS
and CWFW.
MM
BIO-2c
All construction, grading, and fuel
modification activities (i.e., thinning) shall
take place outside of the least Bell’s vireo
breeding season (March 15 to September 15)
to the greatest extent feasible. If any
construction, grading, and fuel modification
activities are required during the breeding
season within 300 feet of potential least
Bell’s vireo habitat, and pre‐construction
surveys determine least Bell’s vireo are
present, activities may continue in the
presence of a biological monitor who will
confirm that no work will occur within a
300-foot buffer of least Bell’s vireo, and that
any least Bell’s vireo are not being disturbed
During
construction,
grading or fuel
modification
activities if
construction,
grading or fuel
modification
activities are
proposed in areas
supporting least
Bell’s vireo
habitat breeding
season (March 15-
September 15);
During
construction,
grading or fuel
modification
activities if
construction,
grading or fuel
modification
activities are
proposed in areas
supporting least
Bell’s vireo habitat
breeding season
(March 15-
September 15); City
Mitigation Monitoring Report- Page18
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
by project activities. If any disturbance to
the least Bell’s vireo is detected by the
biological monitor, the buffer will be
increased, other disturbance minimizing
measures may be implemented (e.g., visual
and/or noise barrier), and/or work will cease
as recommended by the monitor.
Additional measures to be taken for all
construction activities within 300 feet of
potential least Bell’s vireo habitat during the
breeding season (March 15 to September
15):
1. Pre‐construction surveys shall be
conducted within 1 week prior to initiation
of construction activities and all results
forwarded to the USFWS and CDFW.
Focused surveys shall be conducted for least
Bell’s vireo during construction activities.
2. If at any time least Bell’s vireo are found
to occur within 300 feet of construction
areas, the monitoring biologist shall inform
the appropriate construction supervisor to
cease such work and shall consult with the
USFWS and CDFW to determine if work
shall commence or proceed during the
breeding season and, if work may proceed,
what specific measures shall be taken to
ensure least Bell’s vireos are not affected.
3. Installation of any noise barriers and any
other corrective actions taken to mitigate
Applicant of Orange and/or
Qualified Biologist
Mitigation Monitoring Report- Page19
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
noise during the construction period shall be
communicated to the USFWS and CDFW.
MM
BIO-2d
Prior to the issuance of any grading permit
that would remove habitat containing raptor
and songbird nests, the project applicant
shall demonstrate to the satisfaction of the
City that either of the following have been
or will be accomplished.
1. Vegetation removal activities shall be
scheduled outside the nesting season
(September 1 to February 14 for songbirds;
September 1 to January 14 for raptors) to
avoid potential impacts to nesting birds.
2. Any construction activities that occur
during the nesting season (February 15 to
August 31 for songbirds; January 15 to
August 31 for raptors) will require that all
suitable habitat be thoroughly surveyed for
the presence of nesting birds by a qualified
biologist before commencement of clearing.
If any active nests are detected, a buffer of at
least 300 feet (500 feet for raptors) will be
delineated, flagged, and avoided until the
nesting cycle is complete, or as determined
appropriate by the biological monitor, to
minimize impacts.
Prior to the
issuance of any
grading permit
that would remove
habitat containing
raptor and
songbird nests;
Applicant
Prior to the issuance
of any grading
permit that would
remove habitat
containing raptor
and songbird nests;
City of Orange
and/or Qualified
Biologist
MM
BIO-3
Prior to the issuance of any grading permit
in the areas designated as sensitive riparian
communities (e.g., southern
cottonwood‐willow riparian forest or black
Prior to issuance
of grading permit
in areas designated
as sensitive
Prior to issuance of
grading permit in
areas designated as
sensitive riparian
Mitigation Monitoring Report- Page20
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
willow scrub/ruderal), the project Applicant
shall demonstrate to the satisfaction of the
City that either of the following have been
or will be accomplished:
On‐ or off‐site restoration or enhancement of
sensitive riparian communities (e.g.,
southern cottonwood‐willow riparian forest)
at a ratio no less than 1:1 for permanent
impacts. Temporary impacts will be restored
to pre‐project conditions (i.e., pre‐project
contours and revegetate with native species,
where appropriate). Off‐site restoration or
enhancement at a ratio no less than 1:1 may
include the purchase of mitigation credits at
an agency‐approved off‐site mitigation bank
(e.g., Soquel Canyon Mitigation Bank)1.
If mitigation is to occur on-site and/or off-
site (i.e., not an in-lieu fee program), a
mitigation and monitoring plan shall be
prepared. The plan shall focus on the
creation of equivalent habitats within
disturbed habitat areas of the project site
and/or off-site. In addition, the plan shall
provide details as to the implementation of
the plan, maintenance, and future
riparian
communities (e.g.,
southern
cottonwood‐willo
w riparian forest
or black willow
scrub/ruderal);
Applicant
communities (e.g.,
southern
cottonwood‐willow
riparian forest or
black willow
scrub/ruderal; City
of Orange and/or
Qualified Biologist
1 Soquel Canyon Mitigation Bank is the only certified, California Department of Fish and Wildlife (CDFW)-approved mitigation bank whose service area extends to
the project site. Currently, this bank does not have the creation credits necessary to accommodate the CDFW’s policy of “no net loss” of either wetland habitat
values or acreage, nor does it sell species-specific credits (i.e., least Bell’s vireo credits).
Mitigation Monitoring Report- Page21
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
monitoring. Mitigation for impacts to
sensitive riparian communities shall be
accomplished by on- or off-site restoration
and/or enhancement (e.g., transplantation,
seeding, and/or planting/staking of sensitive
riparian species; salvage/dispersal of duff
and seed bank; removal of large stands of
giant reed within riparian areas).
MM
BIO-4
Prior to the issuance of any grading permit
for permanent impacts in the areas
designated as jurisdictional features, the
project Applicant shall obtain a CWA
Section 404 permit from the USACE, a
CWA Section 401 permit from the
RWQCB, and Streambed Alteration
Agreement permit under Section 1602 of the
California Fish and Game Code from the
CDFW. The following would be
incorporated into the permitting, subject to
approval by the regulatory agencies:
1. On- or off-site restoration or replacement
of USACE/RWQCB jurisdictional waters of
the United States/waters of the State at a
ratio no less than 2:1 for permanent impacts,
and for temporary impacts, restore impact
area to pre-project conditions (i.e., pre-
project contours and revegetate with native
species, where appropriate). Off-site
restoration or enhancement at a ratio no less
than 2:1 may include the purchase of
mitigation credits at an agency-approved
Prior to issuance
of grading permit
in the areas
designated as
jurisdictional
features;
Applicant
Prior to issuance of
grading permit in
the areas designated
as jurisdictional
features; City of
Orange and/or
Qualified Biologist
Mitigation Monitoring Report- Page22
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
off-site mitigation bank or in-lieu fee
program (e.g., Soquel Canyon Mitigation
Bank).
2. On- or off-site restoration or enhancement
of CDFW jurisdictional streambed and
associated riparian habitat at a ratio no less
than 2:1 for permanent impacts, and for
temporary impacts, restore impact area to
pre-project conditions (i.e., pre-project
contours and revegetate with native species,
where appropriate). Off-site restoration or
enhancement at a ratio no less than 2:1 may
include the purchase of mitigation credits at
an agency-approved off-site mitigation bank
(e.g., Soquel Canyon Mitigation Bank).
Cultural Resources
MM
CUL-1
In the event that buried cultural resources
are discovered during construction,
operations shall stop within a 50-foot radius
of the find and a qualified archaeologist
shall be consulted to determine whether the
resource requires further study. The
qualified archaeologist and shall make
recommendations to the Lead Agency on the
measures that shall be implemented to
protect the discovered resources, including
but not limited to excavation of the finds and
evaluation of the finds in accordance with
Section 15064.5 of the CEQA Guidelines.
Potentially significant cultural resources
consist of but are not limited to stone, bone,
During
construction in the
event that cultural
resources are
found; Applicant
During construction
in the event that
cultural resources
are found; City of
Orange and/or
Qualified
Archaeologist
Mitigation Monitoring Report- Page23
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
fossils, wood, or shell artifacts or features,
including hearths, structural remains, or
historic dumpsites. Any previously
undiscovered resources found during
construction within the project area should
be recorded on appropriate Department of
Parks and Recreation (DPR) forms and
evaluated for significance in terms of CEQA
criteria.
If the resources are determined to be unique
historic resources as defined under Section
15064.5 of the CEQA Guidelines, mitigation
measures shall be identified by the monitor
in accordance with Public Resource Code
Section 21083.1 and CEQA Guidelines
Section 15126.4 and recommended to the
Lead Agency. Appropriate mitigation
measures for significant resources could
include avoidance or capping, incorporation
of the site in green space, parks, or open
space, or data recovery excavations of the
finds.
No further grading shall occur in the area of
the discovery until the Lead Agency
approves the measures to protect these
resources. Any archaeological artifacts
recovered as a result of mitigation shall be
donated to a qualified scientific institution
approved by the Lead Agency where they
Mitigation Monitoring Report- Page24
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
would be afforded long-term preservation to
allow future scientific study.
MM
CUL-2
During the ground disturbing activities in
the areas depicted in Exhibit 3.5 1, a
qualified archaeological and paleontological
monitor shall be present on-site to observe
earthwork activities. In the event of a
discovery of an archaeological or
paleontological resource, the monitor shall
have the discretion to halt all ground
disturbing activities within 50 feet of the
find until it has been evaluated for
significance. If the find is determined to
have archaeological or paleontological, the
procedures in Mitigation Measure CUL-1 or
Mitigation Measure CUL-3 shall be
implemented. Monitoring may cease once
all of the areas depicted in Exhibit 3.5 1
have been thoroughly disturbed
During the ground
disturbing
activities in the
areas depicted in
Exhibit 3.5 1;
Applicant
During the ground
disturbing activities
in the areas depicted
in Exhibit 3.5 1;
City of Orange
and/or Qualified
Archaeologist/Paleo
tologist
MM
CUL-3
If the subsurface excavations for this project
are proposed to exceed depths of 15 feet
below surface, a qualified paleontological
monitor should be retained to observe such
excavations, which may breach the older
Quaternary Alluvium deposits. In this
situation, a detailed Mitigation Monitoring
Plan (MMP) or Paleontological Resource
Impact Management Plan (PRIMP) should
be prepared in order to set forth the
observation, collection, and reporting duties
of the paleontological monitor. Additional
During
construction
activities if the
subsurface
excavations
exceed depths of
15 feet below
surface; Applicant
During construction
activities if the
subsurface
excavations exceed
depths of 15 feet
below surface; City
of Orange and/or
Qualified
Paleontologist
Mitigation Monitoring Report- Page25
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
mitigation measures and procedures will be
outlined in the MMP or PRIMP as needed.
In the event that fossils or fossil-bearing
deposits are discovered during construction
activities that are shallower than 10 feet in
depth, excavations within a 50-foot radius of
the find shall be temporarily halted or
diverted. The project contractor shall notify
a qualified paleontologist to examine the
discovery. The paleontologist shall
document the discovery as needed (in
accordance with Society of Vertebrate
Paleontology standards), evaluate the
potential resource, and assess the
significance of the find under the criteria set
forth in CEQA Guidelines Section 15064.5.
The paleontologist shall notify the
appropriate agencies to determine
procedures that would be followed before
construction activities are allowed to resume
at the location of the find. If the Applicant
determines that avoidance is not feasible, the
paleontologist shall prepare an excavation
plan for mitigating the effect of construction
activities on the discovery. The plan shall
be submitted to the Lead Agency for review
and approval prior to implementation, and
the Applicant shall adhere to the
recommendations in the plan.
Mitigation Monitoring Report- Page26
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
MM
CUL-4
In the event of an accidental discovery or
recognition of any human remains, Public
Resource Code (PRC) Section 5097.98 must
be followed. In this instance, once project-
related earthmoving begins and if there is
accidental discovery or recognition of any
human remains, the following steps shall be
taken:
1. There shall be no further excavation or
disturbance of the site or any nearby area
reasonably suspected to overlie adjacent
human remains until the County Coroner is
contacted to determine if the remains are
Native American and if an investigation of
the cause of death is required. If the coroner
determines the remains to be Native
American, the coroner shall contact the
NAHC within 24 hours, and the Native
American Heritage Commission (NAHC)
shall identify the person or persons it
believes to be the “most likely descendant”
of the deceased Native American. The most
likely descendant may make
recommendations to the landowner or the
person responsible for the excavation work,
for means of treating or disposing of, with
appropriate dignity, the human remains and
any associated grave goods as provided in
PRC Section 5097.98, or
2. Where the following conditions occur, the
landowner or his/her authorized
During
construction in the
event human
remains are
discovered;
Applicant
During construction
in the event human
remains are
discovered; City of
Orange, NAHC,
and/or Orange
County Coroner
Mitigation Monitoring Report- Page27
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
representative shall rebury the Native
American human remains and associated
grave goods with appropriate dignity either
in accordance with the recommendations of
the most likely descendent or on the project
area in a location not subject to further
subsurface disturbance:
• The NAHC is unable to identify a most
likely descendent or the most likely
descendent failed to make a
recommendation within 48 hours after being
notified by the commission;
• The descendent identified fails to make a
recommendation; or
• The landowner or his authorized
representative rejects the recommendation of
the descendent, and the mediation by the
NAHC fails to provide measures acceptable
to the landowner.
Energy
No mitigation is necessary.
Geology and Soils
MM
GEO-1
Prior to the issuance of building permits, the
project applicant shall submit a design-level
Geotechnical Investigation to City of
Orange for review and approval. The
investigation shall be prepared by a qualified
engineer and identify grading and building
practices necessary to achieve compliance
with the latest adopted edition of the
California Building Standards Code’s
Prior to issuance
of building permit;
Applicant
Prior to issuance of
building permit;
City of Orange
Mitigation Monitoring Report- Page28
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
geologic, soils, and seismic requirements.
The measures identified in the approved
report shall be incorporated into the Project
plans.
Greenhouse Gas Emissions
No mitigation is necessary.
Hazards and Hazardous Materials
MM
HAZ-2a
A supplemental Phase II Environmental Site
Assessment shall be conducted to further
delineate the vertical and lateral extent of
the contamination. The proposed enclosed
structures shall be situated strategically,
using supplemental Phase II Environmental
Site Assessment data and DTSC’s review
thereof, so that structures will not interfere
with future remediation of any potential
landfill gas migration; this shall be
demonstrated in connection with approval of
any tentative maps for the project. Prior to
issuance of building permits for dwelling
units in areas of the project site where vapor
intrusion has the potential to occur, the
applicant shall prepare and submit plans to
the City of Orange, DTSC, or the Local
Enforcement Agency (which is the County
of Orange Environmental Health Division)
identifying vapor intrusion abatement
measures for trichloroethylene (TCE) and
Prior to issuance
of building
permits; Applicant
Prior to issuance of
building permits;
City of Orange
Mitigation Monitoring Report- Page29
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
methane. Areas where vapor intrusion has
the potential to occur are those identified in
the Phase II Environmental Site Assessment.
The Phase II Environmental Site
Assessment shall be conducted in
substantial compliance with applicable
guidance documents, including but not
limited to the DTSC Advisory – Active Soil
Gas Investigation and Final Guidance for
Evaluation and Mitigation of Subsurface
Vapor Intrusion to Indoor Air. The Phase II
Environmental Site Assessment shall use
current DTSC HHRA Note 3 and Regional
Screening Levels established by the U.S.
Environmental Protection Agency.
Following preparation of the Phase II
Environmental Site Assessment, a soil risk
management plan shall be prepared to
address any discovery of previously
unknown contamination and shall be
submitted to DTSC. These reports shall be
conducted pursuant to applicable DTSC
advisories, and abatement shall be
implemented as directed by DTSC. Such
abatement measures may include but are not
limited to vapor barriers or passive/active
venting systems, as determined by the
Mitigation Monitoring Report- Page30
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
appropriate regulatory agency, unless
determined not to be necessary by the City
in consultation with the Local Enforcement
Agency. All occupied structures within a
1,000 foot radius of the landfill shall include
the following structural controls to limit the
potential for landfill gas accumulation
(unless such controls are determined not to
be necessary by the City in consultation
with the Local Enforcement Agency): (1) a
geomembrane between the slab and the
subgrade; (2) a permeable layer with
venting pipe between the geomembrane; and
(3) automatic methane gas sensors with
audible alarms in the permeable layer and
inside the structures. The soil risk
management plan shall include, among
other provisions, worker safety practices
and procedures for discoveries of hazardous
materials, including those already identified
at the site. If DTSC concludes that
additional mitigation is needed, the
applicant shall work with DTSC and the
City to jointly develop additional mitigation
measures that meet residential standards.
The approved abatement measures shall be
incorporated into project building plans.
Mitigation Monitoring Report- Page31
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
Design plans for: 1) any occupied structures
within 1,000 feet of the landfill boundary;
and/or 2) structural systems to prevent gas-
related hazards are required to be reviewed
and approved by the Local Enforcement
Agency (which is the County of Orange
Environmental Health Division).
MM
HAZ-2b
Prior to issuance of grading permit for
construction of the residential portion of the
project, the project applicant shall retain a
qualified hazardous materials contractor to
remove all soil containing Total Petroleum
Hydrocarbons in excess of residential
development standards set forth by the
California Department of Toxic Substances
Control (DTSC) or other applicable
regulatory agency. Soil removal and
disposal shall occur in accordance with
DTSC (or other applicable agency)
guidelines. Additional groundwater
sampling shall be conducted under the
guidance of DTSC, focused on the area
within 1,000 feet of the Villa Park landfill,
to assess whether TPH, methane, and/or
VOCs have impacted groundwater at levels
that generate either significant human health
or ecological risk, which was encountered at
depths of 20 to 50 feet bgs. If the
groundwater is affected, a multi-media risk
Prior to issuance
of grading permit
for construction of
the residential
portion of the
project; Applicant
Prior to issuance of
grading permit for
construction of the
residential portion
of the project; City
of Orange
Mitigation Monitoring Report- Page32
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
assessment shall be conducted under the
guidance of DTSC, and abatement measures
as required by DTSC shall be implemented,
subject to final confirmation by the City.
The applicant shall submit documentation to
the City of Orange in the form of
confirmatory soil and groundwater sampling
results verifying that this mitigation measure
was successfully implemented as part of the
grading permit application for this property.
All environmental investigations, sampling
and/or remediation for the project site shall
be conducted under a workplan approved
and overseen by a regulatory agency with
jurisdiction to oversee hazardous substance
cleanup, such as DTSC and/or the Regional
Water Quality Control Board (RWQCB).
As part of proper construction operations
and maintenance, any construction areas that
are found to contain contaminated soils shall
be excluded using a security fence. All
contaminated soils shall then be excavated
and disposed of off-site in accordance with
the rules and regulations of: US Department
of Transportation (USDOT), USEPA,
CalEPA, CalOSHA, and any local
regulatory agencies. All retention and
detention features used during construction
would be lined to prevent infiltration
Mitigation Monitoring Report- Page33
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
through contaminated soils. Post-
construction retention features shall be lined
to prevent infiltration of groundwater.
MM
HAZ-2c
Prior to commencement of any construction
activities that would impact existing landfill
or related gas monitoring equipment, the
project applicant shall contact the City
Engineer to consult with and obtain approval
from the Orange County Integrated Waste
Management Department for the relocation
of any monitoring wells or probes that
would be impacted by development on the
project site.
Prior to
commencement of
any construction
activities that
would impact
existing landfill or
related gas
monitoring
equipment;
Applicant
Prior to
commencement of
any construction
activities that would
impact existing
landfill or related
gas monitoring
equipment; City of
Orange
MM
HAZ-5
Prior to issuance of the first building permit,
the applicant shall prepare and submit plans
to the City of Orange for review and
approval demonstrating compliance with all
applicable emergency access provisions of
the Fire Code. The approved plan shall be
incorporated into the proposed project.
Prior to issuance
of the first
building permit;
Applicant
Prior to issuance of
the first building
permit; City of
Orange and/or
OCFD
MM
HAZ-6
Prior to issuance of the first building permit,
the applicant shall retain a qualified fire
safety consultant to prepare a Fuel
Modification Plan for the proposed project.
The plan shall identify defensible space
around dwelling units in accordance with
City requirements. The plan shall be
submitted to the City of Orange for review
and approval. The approved plan shall be
incorporated into the proposed project.
Prior to issuance
of the first
building permit;
Applicant
Prior to issuance of
the first building
permit; City of
Orange and/or
OCFD
Hydrology and Water Quality
Mitigation Monitoring Report- Page34
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
MM
HYD-1a
Prior to the issuance of grading permits, the
project applicant shall file a Notice of Intent
with and obtain a facility identification
number from the State Water Resources
Control Board. The project applicant shall
also submit a Storm Water Pollution
Prevention Plan (SWPPP) to the California
State Water Resources Control Board/Santa
Ana Regional Water Quality Control Board.
The SWPPP that identifies specific actions
and BMPs to prevent stormwater pollution
during construction activities. The SWPPP
shall identify a practical sequence for BMP
implementation, site restoration,
contingency measures, responsible parties,
and agency contacts. The SWPPP shall
include but not be limited to the following
elements:
• Comply with the requirements of the State
of California’s most current Construction
Stormwater Permit.
• Temporary erosion control measures shall
be implemented on all disturbed areas.
• Sediment shall be retained on-site by a
system of sediment basins, traps, or other
BMPs.
• The construction contractor shall prepare
Standard Operating Procedures for the
handling of hazardous materials on the
construction site to eliminate discharge of
materials to storm drains.
Prior to the
issuance of
grading permits;
Applicant
Prior to the issuance
of grading permits;
City of Orange
Mitigation Monitoring Report- Page35
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
• BMP performance and effectiveness shall
be determined either by visual means where
applicable (e.g., observation of above-
normal sediment release), or by actual water
sampling in cases where verification of
contaminant reduction or elimination (such
as inadvertent petroleum release) is required
by the Santa Ana Regional Water Quality
Control Board to determine adequacy of the
measure.
• In the event of significant construction
delays or delays in final landscape
installation, native grasses or other
appropriate vegetative cover shall be
established on the construction site as soon
as possible after disturbance, as an interim
erosion control measure throughout the wet
season.
MM
HYD-
1b
Prior to the issuance of building permits, the
project applicant shall submit a Water
Quality Management Plan (WQMP) to the
City of Orange for review and approval.
The plan shall be developed using the
Orange County Model Water Quality
Management Plan and Technical Guidance
Document. The WQMP shall identify
pollution prevention measures, low impact
development features, and BMPs necessary
to control stormwater pollution from
operational activities and facilities, identify
Prior to the
issuance of
building permits;
Applicant
Prior to the issuance
of building permits;
City of Orange
Mitigation Monitoring Report- Page36
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
hydromodification flow controls, and
provide for appropriate maintenance over
time. The WQMP shall include design
concepts and BMPs that are intended to
address the Design Capture Volume, more
commonly referred to as the “first flush,”
and remove pollutants from the design
system event before entering the Municipal
Separate Storm Sewer Systems (MS4). In
accordance with the Regional MS4 Permit
and City of Orange WQMP requirements,
the use of low impact development features
will be consistent with the prescribed
hierarchy of treatment provided in the
Permit: including techniques to infiltrate,
filter, store, evaporate, or retain runoff close
to the source of runoff. For those areas of
the project where infiltration is not
recommended or acceptable and
harvest/reuse demands are insufficient,
biofiltration features will be designed to
treat runoff and discharge controlled effluent
flows to downstream receiving waters. The
project WQMP shall also include an
operations and maintenance plan for the
prescribed Low Impact Development (LID)
features, structural BMPs, and any
hydromodification controls to ensure their
long-term performance. A funding
mechanism for operations and maintenance
shall also be prescribed.
Mitigation Monitoring Report- Page37
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
MM
HYD-5
Prior to issuance of the first Certificate of
Occupancy, the applicant shall retain a
qualified consultant to prepare and
implement an Emergency Evacuation Plan.
The plan shall identify the various types of
emergency that could affect the proposed
project (e.g., dam failure, earthquake,
flooding, etc.) and identify procedures for
the safe and orderly evacuation of the
project. The plan shall require that streets
be identified with clear and visible signage
and, if necessary, wayfinding signage be
provided to identify exit points.
Prior to issuance
of the first
Certificate of
Occupancy;
Applicant
Prior to issuance of
the first Certificate
of Occupancy; City
of Orange
Land Use and Planning
No mitigation is necessary.
Mineral Resources
No mitigation is necessary.
Noise
MM
NOI-1a
To reduce potential construction noise
impacts, the following multi-part mitigation
measure shall be implemented for the
proposed project:
• The construction contractor shall ensure
that all equipment driven by internal
combustion engines shall be equipped with
mufflers, which are in good condition and
appropriate for the equipment.
• The construction contractor shall locate
stationary noise-generating equipment as far
as possible from sensitive receptors when
Prior to and during
construction
activities;
Applicant
Prior to and during
construction
activities; City of
Orange
Mitigation Monitoring Report- Page38
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
sensitive receptors adjoin or are near a
construction project area. In addition, the
project contractor shall place such stationary
construction equipment so that emitted noise
is directed away from sensitive receptors
nearest the project site.
• The construction contractor shall ensure
that unnecessary idling of internal
combustion engines (i.e., idling in excess of
5 minutes) is prohibited.
• The construction contractor shall utilize
“quiet” models of air compressors and other
stationary noise sources where technology
exists.
• The construction contractor shall, to the
maximum extent practical, locate on-site
equipment staging areas to maximize the
distance between construction-related noise
sources and noise-sensitive receptors nearest
the project site during all project
construction.
• The construction contractor shall ensure
that the construction staging areas shall be
located to create the greatest feasible
distance between the staging area and noise-
sensitive receptors nearest the project site.
• The construction contractor shall designate
a noise disturbance coordinator who would
be responsible for responding to any local
complaints about construction noise. The
disturbance coordinator would determine the
Mitigation Monitoring Report- Page39
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
cause of the noise complaints (starting too
early, bad muffler, etc.) and establishment
reasonable measures necessary to correct the
problem. The construction contractor shall
visibly post a telephone number for the
disturbance coordinator at the construction
site.
• All on-site construction activities,
including deliveries and engine warm-up,
shall be restricted to the hours between 7:00
a.m. and 8:00 p.m. Monday through
Saturday. Construction, except emergency
work, shall not be permitted on Sunday or
federal holidays.
MM
NOI-1b
To reduce potential future on-site exterior
traffic noise impacts at on-site receptors
adjacent to East Santiago Canyon Road, the
following multi-part mitigation measure
shall be implemented for the proposed
project:
• Based on SoundPlan model runs, a 6-foot
high noise barrier, relative to the receptor
elevation, is required to comply with the
City’s exterior noise standard for proposed
residential uses located adjacent to East
Santiago Canyon Road. The calculated
noise contours are shown in Exhibit 3.12 7.
In order to meet the City’s exterior noise
standard for community uses, a 4-foot high
berm would be required along East Santiago
Canyon Road; or
Prior to issuance
of building
permits; Applicant
Prior to issuance of
building permit;
Applicant
Mitigation Monitoring Report- Page40
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
• A minimum setback distance of 164 feet
from the centerline of East Santiago Canyon
Road shall be incorporated into the design
feature. The first row of residential uses
constructed 164 feet from the centerline will
also have front yards facing East Santiago
Canyon Road.
MM
NOI-1c
To reduce potential future on-site interior
traffic noise impacts at on-site receptors
adjacent to East Santiago Canyon Road, the
following multi-part mitigation measure
shall be implemented for the proposed
project:
• All proposed residential units located
within 560 feet of the centerline of East
Santiago Canyon Road shall include an
alternate form of ventilation, such as an air
conditioning system, in order to ensure that
windows can remain closed for a prolonged
period of time. The building plans approved
by the County shall reflect this requirement.
• All second story habitable rooms of
proposed residential units located within 164
feet of the centerline of East Santiago
Canyon Road shall include STC 30 rated
windows in facades that would be parallel
and perpendicular to East Santiago Canyon
Road; or,
• Upon completion of the architectural plans,
a detailed acoustical study shall be prepared
by a qualified noise analyst that analyzes the
Prior to issuance
of building
permits; Applicant
Prior to issuance of
building permits;
City of Orange
Mitigation Monitoring Report- Page41
C:\NRPortbl\CCNDMS\MLGALLAG\10987689_1.DOC
No. Mitigation Measure
Time Frame
and Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials Date Remarks
interior noise levels of the proposed
residential units and provides design
features to reduce the interior noise levels to
within the 45 dBA CNEL standard.
Population and Housing
No mitigation is necessary.
Public Services
No new mitigation is necessary. Mitigation measures HAZ-5 and HAZ-6 are required to mitigate Impact PS-1.
Recreation
No mitigation is necessary.
Transportation
MM
TRANS
-2
Prior to issuance of building permits, the
project applicant shall provide the City of
Orange with fair share fees to restripe the
northbound approach of Orange Park
Boulevard at East Santiago Canyon Road to
provide one exclusive left-turn lane and one
shared left-turn/right-turn lane. The
applicant’s fair share responsibility for these
improvements is 18.2 percent.
Prior to issuance
of building
permits; Applicant
Prior to issuance of
building permits;
City of Orange
Tribal Cultural Resources
No mitigation is necessary.
Utilities and Service Systems
No mitigation is necessary.
Wildfire
No mitigation is necessary.