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4. Mitigation Monitoring and Reporting Program

Costa Mesa City Council
February 1, 2022

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4. Mitigation Monitoring and Reporting Program
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February 1, 2022
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CITY OF COSTA MESA 2021 -2029 HOUSING

ELEMENT UPDATE

MITIGATION MONITORING

AND REPORTING PROGRAM

Prepared for City of Costa Mesa
77 Fair Drive
Costa Mesa, California 92626

Prepared by Kimley -Horn and Associates, Inc.
1100 W Town and Country Road, Suite 700
Orange, California 92868

Date: January 2022

Costa Mesa Housing Element Update
Mitigation Monitoring and Reporting Program

1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM The California Environmental Quality Act (CEQA) requires that all public agencies establish monitoring and/or reporting procedures for mitigation adopted as conditions of approval in order to mitigate or avoid significant environmental impacts. This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle by which to monitor mitigation measures (MMs) outlined in The City of Costa Mesa 2021-2029 Housing Element Update Initial Study/Mitigated Negative Declaration (IS/MND). The City of Costa Mesa 2021 -2029 Housing Element Update MMRP has been prepared in conformance with Public Resources Code §21081.6 and City of Costa Mesa Monitoring Requirements.

Specifically, Public Resources Code Section 21081.6 states:
(a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure com pliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that age ncy shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program.
(2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based.
(b) A public agency shall provide that measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements, or other measures. Conditions of project app roval may be set forth in referenced documents which address required mitigation measures or incase of the adoption of a plan, policy, regulation, or other public project, by incorporating the mitigation measures into the plan, policy, regulation, or project design. (c) Prior to the close of the public review period for a draft environmental impact report or mitigated negative declaration, a responsible agency, or a public agency having jurisdiction over natural resources affected by the project, shall either submit to the lead agency complete and detailed performance objectives for mitigation measures which would address the significant effects on the environment identified by the responsible agency or agency having jurisdiction over natural resources aff ected by the project, or refer the lead a gency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to a lead agency by a responsible agency or an agency having jurisdiction over natural resources affected by the project shall be limited to measures which mitigate impacts to resources which are subject to the statutory authority of, and definitions applicable to, that agency.

Compliance or noncompliance by a responsible agency or agency having jurisdiction Costa Mesa Housing Element Update
Mitigation Monitoring and Reporting Program

2 over natural resources affected by a project with that requirement shall not limit the authority of the responsible agency or an agency having jurisdiction over natural resources affected by a project, or the authority of the lead agency, to approve, condition, or deny projects as provided by this division or any other provision of law.

State CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring program must be designed to ensure compliance during projec t implementation. The City of Costa Mesa is the Lead Agency for The City of Costa Mesa 2021-2029 Housing Element Update Project and is therefore responsible for ensuring implementation of the MMRP. The MMRP has been drafted as a fully enforceable monitoring program to meet Public Resources Code Section 21081.6 requirements.

The MMRP is comprised of the Mitigation Program and includes measures to implement and monitor the Mitigation Program. The MMRP defines the following for each MM:
▪ Definition of Mitigation. The Mitigation Measure contains the criteria for mitigation, either in the form of adherence to certain adopted regulations or identification of the steps to be taken in mitigation.
▪ Responsible Party or Designated Representative. Unless otherwise indicated, an applicant would be the responsible party for implementing the mitigation, and the City of Costa Mesa or designated representative is responsible for monitoring the performance and implementation of the mitigation measures. To guarantee that the mi tigation will not be inadvertently overlooked, a supervising public official acting as the Designated Representative is the official who grants the permit or authorization called for in the performance. Where more than one official is identified, permits or authorization from all officials shall be required. ▪ Time Frame. In each case, a time frame is provided for performance of the mitigation or the review of evidence that mitigation has taken place. The performance points selected are designed to ensure tha t impact-related components of project implementation do not proceed without establishing that the mitigation is implemented or ensured. All activities are subject to the approval of all required permits from agencies with permitting authority over the specific activity.

The MM numbering system in the table corresponds with the MM numbering system in the IS/MND. The MMRP table’s last column will be used by the parties responsible for documenting when MM implementation has been completed. The ongoing documentation and monitoring of mitigation compliance will be completed by the City of Costa Mesa . The completed MMRP and supplementa l documents will be kept on file at the City of Costa Mesa Planning Division.

The City of Costa Mesa 2021-2029 Housing Element Update Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program

3 THE CITY OF COSTA MESA 2021-2029 HOUSING ELEMENT UPDATE

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures (MMs) Implementation Timing
Monitoring/Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
Biological Resources
Threshold (a) Would the project
have a substantial effect, either
directly or through habitat
modifications, on any species
identified as a candidate,
sensitive, or special status
species in local or regional
plans, policies, or regulations,
or by the California Department
of Fish and Game of U.S. Fish
and Wildlife Service?
MM BIO-1: Biological Survey:

Applications for future housing
development facilitated by the
HEU, where the City has
determined a potential for
impacts to special-status wildlife
and plants species, shall be
required to comply with the
following mitigation framework:

Prior to the issuance of any
permit for future development
consistent with the HEU, a site-
specific general biological
resources survey shall be
conducted on sites that contain
the presence of any sensitive
biological resources, including
any sensitive plant or wildlife
species. A biological resources
report shall be submitted to the
City to document the results of
the biological resources survey.

The report shall include (1) the
methods used to determine the
presence of sensitive biological
resources; (2) vegetation
mapping of all vegetation
communities and/or land cover
Prior to Building Permit
Issuance
Completed Biological
Resources Survey
Planning and Building
Divisions

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types; (3) the locations of any
sensitive plant or wildlife
species; (4) an evaluation of the
potential for occurrence of any
listed, rare, and narrow endemic
species; and (5) an evaluation of
the significance of any potential
direct or indirect impacts from
the proposed project. If
potentially significant impacts to
sensitive biological resources are
identified, future project-level
grading and site plans shall
incorporate project design
features required by the
applicant to minimize direct
impacts on sensitive biological
resources to the extent feasible,
and the report shall also
recommend appropriate
mitigation to be implemented by
the applicant to reduce the
impacts to below a level of
significance.

MM BIO-2: Pre-Construction
Nesting Bird Survey: Applications
for future housing development
facilitated by the HEU, where
the City has determined a
potential for impacts to
migratory birds, shall avoid the
bird breeding season (typically
January through July for raptors
Prior to ground disturbing
activities
Verify Requirements
Included on Grading and
Construction Plans

Verify Pre-Construction
Nesting Bird Survey
Conducted and Nesting
Planning and Building
Divisions

Qualified Biologist

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and February through August for
other avian species), if feasible.

If breeding season avoidance is
not feasible, the applicant shall
be responsible for a qualified
biologist to conduct a pre-
construction nesting bird survey
prior to the commencement of
any ground disturbing activities
to determine the
presence/absence, location, and
status of any active nests on or
adjacent to the survey area. The
extent of the survey buffer area
surrounding each site shall be
established by the qualified
biologist to ensure that direct
and indirect effects to nesting
birds are avoided. To avoid the
destruction of active nests and
to protect the reproductive
success of birds protected by the
Migratory Bird Treaty Act and
the California Fish and Game
Code and minimize the potential
for project delay, nesting bird
surveys shall be performed by
the qualified biologist prior to
project commencement. In the
event that active nests are
discovered, a suitable buffer
(distance to be determined by
the biologist or overriding
Bird Plan Prepared, If
Required
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agencies) shall be established
around such active nests, and no
construction within the buffer
shall allowed until the biologist
has determined that the nest(s)
is no longer active (i.e., the
nestlings have fledged and are
no longer reliant on the nest).

Cultural Resources
Threshold (a) Would the project
cause a substantial adverse
change in the significance of a
historical resource pursuant to
in Section 15064.5?
MM CR-1: Historical Resource
Evaluation: Applications for
future development facilitated
by the HEU, where the City has
determined a potential for
impacts to historic resources,
shall be required to comply with
the following mitigation
framework: For any
building/structures in excess of
50 years of age having its
original structural integrity
intact, the applicant shall retain
a qualified professional historian
to determine whether the
affected building/structure is
historically significant. The
evaluation of historic
architectural resources shall be
based on criteria such as age,
location, context, association
with an important person or
event, uniqueness, or structural
integrity, as indicated in State
Retention of a Qualified
Professional; Evaluate
Significance of Historical
Findings
Planning and Building
Divisions

Qualified Professional
Historian

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CEQA Guidelines Section
15064.5. A historical resource
report shall be submitted by the
applicant to the City and shall
include the methods used to
determine the presence or
absence of historical resources,
identify potential impacts from
the proposed project, and
evaluate the significance of any
historical resources identified.

Threshold (b) Would the project
cause a substantial adverse
change in the significance of an
archaeological resource
pursuant to Section 15064.5?
MM CR-2: Archaeological Survey
Evaluation: Applications for
future development consistent
with the HEU, where the City has
determined a potential for
impacts to archeological
resources, shall be required to
comply with the following
mitigation framework: Prior to
the issuance of any permit for
future development located on a
previously undisturbed site, the
applicant shall retain a qualified
archaeologist to conduct an
archaeological survey to
evaluate the presence of cultural
resources and the need for
project impact mitigation by
preservation, relocation, or
other methods. An
archaeological resource report
shall be submitted by the
applicant to the City and shall
During Excavation and
Grading Activities, If
Resources are Unearthed
Verify Requirements on
Construction Plans

Submitted
Archaeological Resource
Report
Planning and Building
Divisions

Qualified Professional
Archaeologist

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include the methods used to
determine the presence or
absence of archaeological
resources, identify potential
impacts from the proposed
project, and evaluate the
significance of any
archaeological resources
identified. If there are
potentially significant impacts to
an identified
archaeological/cultural resource,
the report shall also recommend
appropriate mitigation required
by the applicant to reduce
impacts to below a level of
significance.

Hazards and Hazardous Materials
Threshold (b) Would the project
create a significant hazard to
the public or the environment
through reasonably foreseeable
upset and accident conditions
involving the release of
hazardous materials into the
environment?
MM HAZ-1: Unanticipated
Discovery of Hazardous
Materials: Applications for
future housing development
facilitated by the HEU, where
the City has determined a
potential for impacts to Hazards
and Hazardous Materials, the
applicant or applicant’s
contractor shall complete the
following if unknown wastes or
suspect materials are discovered
that are believed to involve
hazardous waste or materials:

During Construction
Activities
Written Notification to
Environmental Hazard
Professional
Documentation of
Implementation
Measures
Planning and Building
Divisions

Certified
Environmental
Hazards Contractor

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1. Immediately cease work in the
suspected contaminant’s
vicinity, remove workers and the
public from the area, and secure
the area.

2. Notify the applicant’s
Environmental Professional and
immediately implement proper
remedial activities as
recommended.

3. Notify the City Engineer and
Planning and Community
Development Director and
implement measures to further
secure the area.

4. The Hazardous
Waste/Materials Coordinator
shall advise the responsible
party of further actions that shall
be taken, if required
Noise
Threshold (a) Would the
project result in the generation
of a substantial temporary or
permanent increase in ambient
noise levels in the vicinity of
the project in excess of
standards established in the
local general plan or noise
ordinances, or applicable
standards of other agencies?

MM NOI-1: Noise Reduction
Program: Applications for
future housing development
facilitated by the HEU, where
the City has determined a
potential for impacts noise
standards, the Applicant shall
require construction
contractors to implement a
site-specific Noise Reduction
Program, which includes the
following measures, ongoing
During Construction
Activities
Noise Reduction
Program and
Requirements Included
on Grading and
Construction Plans; Site
Inspections
Planning and Building
Divisions

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through demolition, grading,
and/or construction to reduce
construction-related noise
impacts, where construction
activities would exceed the
standards established in in the
City’s Noise Ordinance:
-Equipment and trucks used for
project construction shall utilize
the best available noise control
techniques (e.g., improved
mufflers, equipment redesign,
use of intake silencers, ducts,
engine enclosures, and
acoustically attenuating shields
or shrouds), wherever feasible.
-Impact tools (e.g., jack
hammers, pavement breakers,
and rock drills) used for
construction shall be
hydraulically or electronically
powered wherever possible to
avoid noise associated with
compressed air exhaust from
pneumatically powered tools.

However, where use of
pneumatic tools is unavoidable,
an exhaust muffler shall be
used (this muffler can lower
noise levels from the exhaust
by up to approximately 10
dBA). External jackets on the
tools themselves shall be used
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where feasible (this can achieve
an approximately 5.0-dBA
reduction. Quieter procedures
shall be used, such as drills
rather than impact equipment,
whenever feasible.
-Stationary construction-related
noise sources shall be located
as far from adjacent receptors
as possible, and they shall be
muffled and incorporate
insulation barriers, or other
measures to the extent
feasible.

MM NOI-2: Noise Compliant
Response and Tracking:

Applications for future housing
development facilitated by the
HEU, where the City has
determined a potential for
impacts to substantial excess of
noise standards, prior to
demolition, grading, or building
permit approval, the Applicant
shall submit to the Planning
Department a list of measures
to respond to and track
complaints pertaining to
construction noise, ongoing
throughout demolition, grading,
and/or construction. At
Prior to Demolition,
Grading, or Building Permit
Approval
Verify Requirements on
Construction Plans;
Conduct Inspections

Planning and Building
Divisions

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minimum, these measures shall
include the following:
-A procedure to the public for
notifying the City’s Code
Enforcement Officer and Police
Department (during regular
construction hours and off-
hours);
-A requirement for a sign to be
posted by the Applicant on-site
specifying the permitted
construction days and hours,
and notification procedure, and
who to notify in the event of a
noise-related concern. The sign
shall also include the
construction contractor’s
telephone numbers (during
regular construction hours and
off-hours); and
-A requirement for a
preconstruction meeting to be
held with the Applicant and
general contractor/on-site
project manager to confirm
that noise measures and
practices (including
construction hours,
neighborhood notification,
posted signs, etc.) are
completed
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Threshold (b) Would the
project result in the generation
of excessive groundborne
vibration or groundborne noise
levels?

MM NOI-3: Vibration Impact
Response Plan: Applications for
future housing development
facilitated by the HEU, where
the City has determined a
potential for impacts to
vibration-sensitive structures
(i.e., non-engineered timber and
masonry buildings) located
within a 50-foot radius of pile
driving activities, prior to
demolition, grading, or building
permit approval, the applicant
shall provide for the following
measures to be specified on the
project plans and implemented
prior to and during construction:
- The applicant shall utilize
temporary noise attenuation
curtain suitable for pile driving
equipment as needed. This noise
attenuation device should be
installed directly between the
equipment and the nearest
noise sensitive receptor to the
construction site.
-Pile driving within a 50-foot
radius of identified vibration-
sensitive structures shall utilize
alternative installation methods
(e.g., pile cushioning, jetting,
predrilling, cast-in-place
systems, resonance-free
Prior to Demolition,
Grading, or Building Permit
Approval
Verify Requirements on
Construction Plans;
Conduct Inspections

Planning and Building
Divisions

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vibratory pile drivers) such that
vibration velocities from the
alternative construction activity
would fall below the 0.2 the
inch/second threshold.

Construction hours, allowable
workdays, and the phone
number of the job
superintendent shall be clearly
posted at all construction
entrances to allow for
surrounding owners and
residents to contact the job
superintendent. If the City or the
job superintendent receives a
complaint, the superintendent
shall investigate, take
appropriate corrective action,
and report the action taken to
the reporting party.

Tribal Cultural Resources
Threshold (a) Would the project
cause a substantial adverse
change in the significance of a
tribal cultural resource, defined
in Public Resources Code
Section 21074 as either a site,
feature, place, cultural
landscape that is geographically
defined in terms of the size and
scope of the landscape, sacred
place, or object with cultural
MM TCR-1: Unanticipated
Discovery of Tribal Cultural and
Archaeological Resources:

Applications for future housing
development facilitated by the
HEU, where the City has
determined a potential for
impacts to tribal resources,
including discovery of any tribal,
cultural, or archaeological
resources during ground-
During Ground Disturbing
Activities
Retention of an
Approved Native
American Monitor;
Executed Monitoring
Agreement

Monitoring During
Ground Disturbance
Activities; Pre-
Construction Sensitivity
Planning and Building
Divisions

Native American
Monitor

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value to a California Native
American tribe, and that is: i)
Listed or eligible for listing in
the California Register of
Historical Resources, or in a
local register of historical
resources as defined in Public
Resources Code section
5020.1(k), or ii) A resource
determined by the lead agency,
in its discretion and supported
by substantial evidence, to be
significant pursuant to criteria
set forth in subdivision (c) of
Public Resources Code Section
5024.1. In applying the criteria
set forth in subdivision (c) of
Public Resources Code Section
5024.1, the lead agency shall
consider the significance of the
resource to a California Native
American tribe.
disturbing activities, the
Applicant shall immediately
cease such activities in the
immediate vicinity. The find will
then be assessed by a qualified
archeologist retained by the
Applicant and a tribal
monitor/consultant approved by
the consulting tribe. The
applicant shall promptly notify
the Director of Economic and
Development Services to the
discovery of resources. If the
resources are Native American
in origin, the consulting tribe
shall coordinate with the
landowner regarding treatment
and curation of these resources.

Typically, the tribe will request
preservation in place or recovery
for educational purposes. At the
direction of the qualified
archaeologist and tribal
monitor/consultant, and in
coordination with the
Development Services
Department, work may continue
on other parts of the affected
site while evaluation and, if
necessary, additional protective
measures are completed at the
affected portion of the site
pursuant to State CEQA
Guidelines Section 15064.5 [f]. If
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a resource is determined by the
qualified archaeologist to
constitute a “historical resource”
or “unique archaeological
resource,” time and funding to
allow for sufficient
implementation of avoidance
measures must be made
available. The treatment plan
established for the resources
shall be in accordance with State
CEQA Guidelines Section
15064.5(f) for historical
resources. Preservation in place
(i.e., avoidance) is the preferred
manner of treatment upon
identification of unique
archeological resources (Public
Resources Code Section
21083.2(b)). If preservation in
place is not feasible, treatment
may include implementation of
archaeological data recovery
excavations to remove the
resource along with subsequent
laboratory processing and
analysis. All tribal cultural
resources shall be returned to
the consulting tribe. Any historic
archaeological material that is
not Native American in origin
shall be curated at a public, non-
profit institution with a research
interest in the materials.

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Acceptance and curation of the
historic archeological materials
will be at the discretion of the
institution. If no institution
accepts the archaeological
material, they shall be offered to
the consulting tribe or the Costa
Mesa Historical Society for
educational purposes.

Standard Conditions (SCs) Implementation Timing
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Aesthetics
Threshold (d) Would the project
create a new source of
substantial light or glare, which
would adversely affect day or
nighttime views in the area?
SC AES-1: Lighting Plan and
Photometric Study: Applications
for future housing development
facilitated by the HEU, where
the City has determined a
potential for impacts to light and
glare, the Applicant shall submit
a Lighting Plan and Photometric
Study for the approval of the
City’s Development Services
Department prior to the
issuance of Building Permits. The
Lighting Plan shall demonstrate
compliance with the following:
(a) Lighting design and layout
shall limit spill light to no more
than 0.5-foot candle at the
Prior to Permit Issuance Submittal of Plans Planning and Building Division

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property line of the surrounding
neighbors, consistent with the
level of lighting that is deemed
necessary for safety and security
purposes on site. (b) Glare
shields may be required for
select light standards
Air Quality
Threshold (b) Would the project
result in a cumulatively
considerable net increase of any
criteria pollutant for which the
project region is non-
attainment under an applicable
federal or state ambient air
quality standard?
SC AQ-1: Dust Control:

Applications for future housing
development facilitated by the
HEU, where the City has
determined a potential for
impacts to air quality during
construction, construction
contractors shall comply with
South Coast Air Quality
Management District’s (South
Coast AQMD’s) Rules 402 and
403 to minimize construction
emissions of dust and
particulates. South Coast AQMD
Rule 402 requires that air
pollutant emissions not be a
nuisance off-site. Rule 402
prohibits the discharge from any
source whatsoever such
quantities of air contaminants or
other material which cause
injury, detriment, nuisance, or
annoyance to any considerable
number of persons or to the
public, or which endanger the
During Construction Verify Requirements
Included on Grading and
Construction Plans; Site
Inspections
Planning and Building
Divisions

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comfort, repose, health, or
safety of any such persons or the
public, or which cause, or have a
natural tendency to cause, injury
or damage to business or
property.

South Coast AQMD Rule 403
requires that fugitive dust be
controlled with Best Available
Control Measures so that the
presence of such dust does not
remain visible beyond the
property line of the emission
source. This rule is intended to
reduce PM10 emissions from
any transportation, handling,
construction, or storage activity
that has the potential to
generate fugitive dust. This
requirement shall be included as
notes on the contractor
specifications. Table 1 of Rule
403 lists the Best Available
Control Measures that are
applicable to all construction
projects. The measures include,
but are not limited to, the
following:
a. Portions of a construction site
to remain inactive longer than a
period of three months will be
seeded and watered until grass
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cover is grown or otherwise
stabilized.
b. All on-site roads will be paved
as soon as feasible or watered
periodically or chemically
stabilized.
c. All material transported off-
site will be either sufficiently
watered or securely covered to
prevent excessive amounts of
dust.
d. The area disturbed by
clearing, grading, earthmoving,
or excavation operations will be
minimized at all times.
e. Where vehicles leave a
construction site and enter
adjacent public streets, the
streets will be swept daily or
washed down at the end of the
workday to remove soil tracked
onto the paved surface.

SC AQ-2: Architectural Coatings:

Applications for future housing
development facilitated by the
HEU, where the City has
determined a potential for
impacts to air quality,
construction contractors shall
adhere to South Coast Air
Quality Management District
(South Coast AQMD) Rule 1113,
which requires manufacturers,
Prior to Construction Verify Requirements
Included on Construction
Plans
Planning and Building
& Safety Divisions

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distributors, and end-users of
architectural and industrial
maintenance coatings to reduce
reactive organic gas (ROG)
emissions from the use of these
coatings, primarily by placing
limits on the ROG content of
various coating categories.

Architectural coatings shall be
selected so that the volatile
organic compound (VOC)
content of the coatings is
compliant with South Coast
AQMD Rule 1113. This
requirement shall be included as
notes on contractor
specifications.

Biological Resources
Threshold (a) Would the
project have a substantial
effect, either directly or
through habitat
modifications, on any species
identified as a candidate,
sensitive, or special status
species in local or regional
plans, policies, or regulations,
or by the California
Department of Fish and Game
of U.S. Fish and Wildlife
Service?
SC BIO-1: Focused Survey for
Burrowing Owls on Vacant
Sites Two Acres or larger:

Applications for future
housing development
facilitated by the HEU, where
the City has determined a
potential for impacts to
sensitive species (Burrowing
Owl), the Applicant shall
initiate preparation of a
focused survey for burrowing
owls, conducted by a qualified
professional biologist for any
Prior to ground disturbing
activities

Verify Pre-Construction
Survey Conducted
Planning and Building
Divisions

Qualified Biologist

The City of Costa Mesa 2021-2029 Housing Element Update Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program

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new development project
proposed on a vacant site of
two acres or larger and with a
landscape of annual and
perennial grasslands, desert,
or arid scrubland with low-
growing vegetation or
agricultural use or vegetation.

The purpose of the survey is to
determine if burrowing owls
are foraging or nesting on or
adjacent to the project site. If
surveys confirm that the site is
occupied habitat, mitigation
measures to minimize impacts
to burrowing owls, their
burrows, and foraging habitat
shall be identified. The results
of this survey, including any
mitigation recommendations,
shall be incorporated into the
project-level CEQA compliance
documentation. Owl surveys
and approaches to mitigation
shall be in accordance with
the Staff Report on Burrowing
Owl Mitigation, issued by the
California Department of Fish
and Wildlife on March 7, 2012
(CDFW 2012).

Cultural Resources
The City of Costa Mesa 2021-2029 Housing Element Update Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program

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Threshold (c) Would the
project disturb any human
remains, including those
interred outside of formal
cemeteries?
SC CR-1: Unanticipated
Discovery of Human Remains:

Applications for future
development consistent with
the HEU, where the City has
determined a potential for
impacts to human remains,
shall be required to comply
with the following mitigation
framework: In the event that
human remains are discovered
or unearthed, all earth-
disturbing work within a 100-
meter radius of the location of
the human remains shall be
temporarily suspended or
redirected by the applicant until
a forensic expert retained by
the applicant has identified and
evaluated the nature and
significance of the find, in
compliance with State CEQA
Guidelines 15064.5(f). If human
remains of Native American
origin are discovered or
unearthed, the applicant shall
contact the consulting tribe, as
detailed in MM TCR-1,
regarding any finds and provide
information after the
archaeologist makes his/her
initial assessment of the nature
of the find, so as to provide
During Excavation and
Grading Activities
Retention of a Qualified
Professional, If Cultural
Resources are
Unearthed; Evaluate
Significance of Findings
Planning and Building
Divisions

Qualified
Professional
Paleontologist

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Tribal input concerning
significance and treatment.

After the find has been
appropriately mitigated, as
determined, and documented
by a qualified archaeologist,
work in the area may resume.

Geology and Soils
Threshold (a.ii) Would the
project directly or indirectly
cause potential substantial
adverse effects, including the
risk of loss, injury, or death
involving strong seismic ground
shaking?
SC GEO-1: California Building
Code Conformance: Applications
for future housing development
facilitated by the HEU, where
the City has determined a
potential for impacts related to
seismic ground shaking, design,
grading, and construction shall
be performed in accordance
with the requirements of the
California Building Code
applicable at the time of grading
as well as the appropriate local
grading regulations, and the
recommendations of the project
geotechnical consultant as
summarized in a final written
report, subject to review by the
City of Costa Mesa Building
official prior to the issuance of
grading permits.

Verify Requirements on
Construction Plans

Planning and Building
Divisions

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Hazards and Hazardous Materials
Threshold (b) Would the project
create a significant hazard to
the public or the environment
through reasonably foreseeable
upset and accident conditions
involving the release of
hazardous materials into the
environment?
SC HAZ-1: Preparation of Phase
1 Environmental Site
Assessment: Applicants for new
development projects requiring
City discretionary approval shall
include the results of a Phase I
Environmental Site Assessment
(ESA), prepared in accordance
with the latest ASTM protocol
for such assessments. If the
Phase I ESA indicates some
evidence that site contamination
exists that could require cleanup
to avoid danger to people or
damage to the environment, a
Phase II level review shall be
completed to fully characterize
the nature and extent of such
contamination, and the scope of
required clean up procedures.

The results of the Phase II
assessment shall be considered
as part of the CEQA compliance
process prior to any action on
the project.

Prior to Permit issuance
During CEQA review process
Completed Phase 1 ESA Planning and Building
Divisions

Threshold (d) Would the project
be located on a site which is
included on a list of hazardous
materials sites compiled
pursuant to Government Code
Section 65962.5 and, as a result,
would create a significant
hazard to the public or the
environment?
Noise
Threshold (a) Would the project
result in the generation of a
substantial temporary or
permanent increase in ambient
noise levels in the vicinity of the
SC NOI-1: Construction Noise
Limitation: Applications for
future housing development
facilitated by the HEU, where
the City has determined a
During Construction Verify Requirements on
Construction Plans;
Conduct Inspections

Planning and Building
Divisions

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project in excess of standards
established in the local general
plan or noise ordinances, or
applicable standards of other
agencies?
potential for impact to noise, all
noise-generating construction
activities shall be limited to 7:00
a.m. to 7:00 p.m. Monday
through Friday and 9:00 a.m. to
6:00 p.m. Saturday. Noise-
generating construction
activities shall be prohibited on
Sunday and the following federal
holidays: New Year’s Day,
Memorial Day, Independence
Day, Labor Day, Thanksgiving
Day, and Christmas Day.

Recreation
Threshold (a) Would the project
increase the use of existing
neighborhood and regional
parks or other recreational
facilities such that substantial
physical deterioration of the
facility would occur or be
accelerated?
SC REC-1: Payment of Park Fees:

Applications for future housing
development facilitated by the
HEU, where the City has
determined a potential impact
to recreational resources,
applicants of projects that do
not meet the City’s parkland
dedication requirements shall
pay park fees as established in
CMMC Title 13, Chapter XII,
Article 4 (Park and Recreation
Impact Fees) to provide park and
recreational facilities to serve
the future residents of proposed
new residential units, prior to
the issuance of building permits.

Prior to Building Permit
Issuance
Receipt of Payment of
Park Fees
Planning Division
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SC REC-2: Parkland Dedications:

Applications for future housing
development facilitated by the
HEU, where the City has
determined a potential impact
to recreational resources, every
residential subdivider who
creates a subdivision shall be
required to dedicate a portion of
the land, pay a fee in lieu
thereof, or do a combination of
both, as established in CMMC
Title 13, Chapter XI, Article 5
(Park and Recreation
Dedications) for the purpose of
providing park and recreational
facilities to serve future
residents of the subdivision. In
determining whether a
subdivider shall dedicate land,
pay a fee in lieu of land
dedication, or a combination of
both, the following procedure
shall be used:
(a) Subdividers required to or
desiring to dedicate property for
park and recreational purposes
shall, upon filing a tentative map
for approval, check with the city
to determine whether their
property has been designated
for a park site in the general
plan. If a subdivider’s property is
so designated, the subdivider
Prior to Building Permit
Issuance
Receipt of Payment of
Park In Lieu Fees
Park Site Designated on
Construction Plans
Planning Division
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shall coordinate with the
necessary departments to
incorporate the park site(s) into
the property’s development
plan.
(b) If the subdivider’s property is
not so designated, and a school
site is proposed within or in
proximity to the property, a park
site adjacent to the school site
shall be developed and the
subdivider shall coordinate with
the necessary departments to
incorporate the park site(s) into
the property’s development
plan.

Utilities and Service Systems
Threshold (a) Require or result
in the relocation or construction
of new or expanded water,
wastewater treatment or storm
water drainage, electric power,
natural gas, or
telecommunications facilities,
the construction or relocation
of which could cause significant
environmental effects?
SC UT-1: Mesa Water District
Coordination: Applications for
future housing development
facilitated by the HEU, where
the City has determined a
potential impact to water utility
service providers, customer shall
contact the Mesa Water District
– Engineering Desk and submit
an application with plans for
project review. Customer must
obtain a letter of approval and a
letter of project completion
from Mesa Water District.

During Development Review
Process
Approval Letter or
Written Documentation
from Mesa Water District
Planning and Building
Division

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