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Mitigation Monitoring and Reporting Program
for the
840 The City Drive Apartments Project
Initial Study/Mitigated Negative Declaration
City of Orange, Orange County, California
Prepared for:
City of Orange
Community Development Department Planning Division
300 East Chapman Avenue
Orange, CA, 92866
714.744.7224
Contact: Monique Schwartz, Associate Planner
Prepared by:
FirstCarbon Solutions
250 Commerce, Suite 210
Irvine, CA 92602
714.508.4100
Contact: Mary Bean, Project Director
Cecilia So, Project Manager
Report Date: January 26, 2023
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City of Orange
840 The City Drive Apartments Preface
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PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15097 require a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it adopts a Mitigated Negative Declaration (MND) in conjunction with a project approval.
The purpose of the MMRP is to ensure that compliance with the mitigation measures occurs during project implementation.
The IS/MND prepared for the proposed 840 The City Drive Apartments (proposed project) concluded that project implementation could result in potentially significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval that reduce these potential impacts to a less than significant level. This MMRP documents how and when the mitigation measures adopted by the Lead Agency will be implemented and confirms that potential environmental impacts are reduced to less than significant levels as identified in the IS/MND.
This document does not discuss those subjects that the environmental analysis demonstrates would result in less than significant impacts and for which no mitigation was proposed or necessary.
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City of Orange
840 The City Drive Apartments Mitigation Monitoring and Reporting Program
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Verification
Verification of Completion
Date Initial
5.5 Biological Resources
MM BIO-1: Pre-Construction Surveys for Nesting Birds
Construction activities that occur during the avian nesting season (generally February 15 to August 31) would disturb nesting sites for bird native species protected by the
Migratory Bird Treaty Act (MBTA) and California Fish and Game Code. No action is necessary if no active nests of native species are found during a pre-construction nesting bird survey or if construction occurs during the nonbreeding season (generally September 1 through February 14).
Implementation of the following avoidance and minimization measures would reduce impacts to nesting birds.
1. To prevent impacts to MBTA-protected birds, nesting
raptors, and their nests, removal of trees shall be limited to only those necessary to construct the proposed
project.
2. If any tree removal is necessary, then it shall occur outside the nesting season between September 1 and
February 14. If trees cannot be removed outside of the
nesting season, pre-construction surveys shall be
conducted 3 days prior to tree removal to verify the
absence of active nests.
3. If an active nest of a native species is located during pre- construction surveys, the United States Fish and Wildlife Service (USFWS) and/or the California Department of Fish and Wildlife (CDFW) (as appropriate) shall be notified
regarding the status of the nest. Construction activities shall be restricted, as necessary, to avoid disturbance of the nest until the young have fledged and/or it is
abandoned, or the agencies deem disturbance potential
to be minimal. Restrictions may include establishment of Confirm receipt of
qualified Biologist’s pre-
construction survey and
review submittal of
survey documents;
confirm on
-s
ite
monitoring by the
qualified Biologist, if
active nests are present.
Prior to issuance of
grading permit and
during the nesting
season (generally
February 15 to
August 31).
City of Orange
Planning Division
City of Orange
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exclusion zones (no ingress of personnel or equipment at a minimum radius of 100 feet around an active raptor
nest and a 50-foot radius around an active migratory bird nest) or alteration of the construction schedule.
4. A qualified Biologist shall delineate the buffer using Environmentally Sensitive Area fencing, pin flags, and or yellow caution tape. The buffer zone shall be maintained around the active nest site(s) until the young have
fledged and are foraging independently.
5.5 Cultural and Tribal Cultural Resources
MM CUL-1: Inadvertent Discovery of Cultural Resources
In the event that buried cultural resources are discovered during construction, operations shall stop in the immediate vicinity of the find and a qualified Archaeologist shall be consulted to determine whether the resource requires
further study. The qualified Archaeologist 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 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, 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 shall be recorded on appropriate California 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 Archaeological Monitor and recommended to the Lead
If cultural resources are
encountered, confirm a
qualified Archaeologist
has been retained.
Confirm compliance with
CEQA Guidelines Section
15064.5 permit(s) and
confirm completion of
DPR forms; review
qualified Archaeologist’s
submittal of findings and
documentation.
During ground-
disturbing activities,
if cultural resources
are encountered.
City of Orange
Planning Division
and Native
American Tribe
City of Orange
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Verification
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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 would be afforded long-term preservation to allow future scientific study.
MM CUL-2: Inadvertent Discovery of Human Remains
In the event of inadvertent discovery or recognition of any human remains, Public Resources Code 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 whether 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 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
If human remains
encountered, confirm
proper notification
occurs.
If human remains are
encountered, confirm
compliance with Public
Resources Code Section
5097.98.
If the Coroner
determines the remains
to be Native American,
confirm the County
Coroner contacts the
NAHC within 24 hours.
During ground-
disturbing activities,
if human remains
are uncovered.
City of Orange
Planning Division
and Native
American Tribe
City of Orange
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Verification
Verification of Completion
Date Initial
associated grave goods as provided in Public Resources
Code Section 5097.98, or
Where the following conditions occur, the landowner or
his/her authorized 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 descendant or on
the project area in a location not subject to further
subsurface disturbance:
The NAHC is unable to identify a most likely descendant, or the most likely descendant failed to make a
recommendation within 48 hours after being notified by
the commission;
The descendant identified fails to make a
recommendation; or
The landowner or his authorized representative rejects
the recommendation of the descendant, and the
mediation by the NAHC fails to provide measures
acceptable to the landowner.
MM TCR-2: Unanticipated Discovery of Human Remains and
Associated Funerary Objects
A. Native American human remains are defined in PRC
5097.98 (d)(l) as an inhumation or cremation, and in any state of decomposition or skeletal completeness.
Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated
according to this statute.
B. If Native American human remains and/or grave goods discovered or recognized on the project site, then all
construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any
discoveries of human skeletal material shall be
immediately reported to the County Coroner and all
If buried cultural
resources encountered,
confirm construction
activities have ceased.
If buried cultural
resources encountered,
confirm the
development of
appropriate avoidance
and treatment
measures.
During construction
activities, if any
archaeological or
Tribal Cultural
Resources (TCRs)
are encountered.
City of Orange
Planning Division
and Native
American Tribe
City of Orange
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Verification
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Date Initial
ground-disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the
human remains to be those of a Native American or has
reason to believe they are Native American, he or she
shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources
Code Section 5097.98 shall be followed.
C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section
5097.98(d)(1) and (2).
D. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from
discovered human remains and/or burial goods, if the
Kizh determines in its sole discretion that resuming
construction activities at that distance is acceptable and provides the project manager express consent of that
determination (along with any other mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).)
E. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains
and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History
Museum of Los Angeles County or the Fowler Museum, if
such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.
F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
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Verification
Verification of Completion
Date Initial
MM TCR-3: Procedures for Burials and Funerary Remains:
A. As the Most Likely Descendant ("MLD"), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term "human remains" encompasses more than human bones.
In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human
remains.
B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created.
C. The prepared soil and cremation soils are to be
treated in the same manner as bone fragments that
remain intact. Associated funerary objects are objects
that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with
individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as
associated funerary objects. Cremations will either be
removed in bulk or by means as necessary to ensure
complete recovery of all sacred materials.
D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the
remains will be covered with muslin cloth and a steel
plate that can be moved by heavy equipment placed over
the excavation opening to protect the remains. If this
type of steel plate is not available, a 24-hour guard
should be posted outside of working hours. The Tribe will make every effort to recommend diverting the project
and keeping the remains in situ and protected. If the
project cannot be diverted, it may be determined that
burials will be removed.
If human remains are
uncovered, confirm
construction activities
have ceased and the
County Coroner has
been contacted.
If the remains are
determined to be of
Native American origin,
confirm the MLD and
NAHC have been
contacted.
If human remains are
uncovered, confirm
compliance with CEQA
Guidelines Section
15064.5; Public
Resources Section
7050.5 and Public
Resources Section
5097.98
During ground-
disturbing activities,
if human remains
are uncovered.
City of Orange
Planning Division
and Native
American Tribe
City of Orange
840 The City Drive Apartments Mitigation Monitoring and Reporting Program
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Verification
Verification of Completion
Date Initial
E. In the event preservation in place is not possible despite good faith efforts by the project applicant/developer
and/or landowner, before ground-disturbing activities
may resume on the project site, the landowner shall
arrange a designated site location within the footprint of the project for the respectful reburial of the human
remains and/or ceremonial objects.
F. Each occurrence of human remains and associated
funerary objects will be stored using opaque cloth bags.
All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be
retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials
recovered.
G. The Tribe will work closely with the project's qualified archaeologist to ensure that the excavation is treated
carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared
and shall include (at a minimum) detailed descriptive
notes and sketches. All data recovery data recovery-
related forms of documentation shall be approved in
advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any
scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.
MM TCR-1: Retain a Native American Monitor Prior to
Commencement of Ground-Disturbing Activities
A. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño
Confirm retention of a
Native American (Tribal
Monitor) from the
Gabrieleño Band of
Prior to
commencement of
any grading and/or
construction
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Planning Division
and Native
American Tribe
City of Orange
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Verification
Verification of Completion
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Band of Mission Indians - Kizh Nation. The monitor shall be retained prior to the commencement of any "ground-
disturbing activity" for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). "Ground disturbing activity" shall
include, but is not limited to, demolition, pavement
removal, potholing, auguring, grubbing, tree removal,
boring, grading, excavation, drilling, and trenching.
B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the
issuance of any permit necessary to commence a ground-
disturbing activity.
C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing
activities, the type of construction activities performed, locations of ground disturbing activities, soil types,
cultural-related materials, and any other facts,
conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any
discovered TCRs, including but not limited to, Native
American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or ''TCR"), as well as any discovered Native American
(ancestral) human remains and burial goods. Copies of
monitor logs will be provided to the project
applicant/lead agency upon written request to the Tribe.
D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project
applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities Mission Indians–Kizh
Nation Native American
tribe by receipt of a copy
of the executed
contract.
Confirm receipt of daily
monitoring logs.
activity; during
construction
activities.
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on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or-
development/construction phase at the project site
possesses the potential to impact Kizh TCRs.
E. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not
resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the
Tribe's sole discretion, and for any purpose the Tribe
deems appropriate, including for educational, cultural
and/or historic purposes.
Implement MM TCR-1 and MM TCR-2 See MM TCR-1 and MM
TCR-2
See MM TCR-1 and
MM TCR-2
See MM TCR-1 and
MM TCR-2
5.7 Geology and Soils
MM GEO-1: Implement the preliminary geotechnical
recommendations pertaining to site grading, preliminary foundation design, slabs-on-grade, temporary excavation and shoring design, drainage and landscaping, ground
improvement, and future geotechnical exploration, as
outlined on page 17 through page 24 of the Due Diligence Geotechnical Engineering Evaluation.
Confirm preliminary
recommendations from
the Geotechnical
Investigation have been
incorporated into
project construction
documents.
Prior to ground-
disturbing activities
and during
construction
activities.
City of Orange
Public Works
Department
MM GEO-2: A Paleontological Resources Monitor shall be
present during all project excavations that occur 10 feet or more below ground surface. In the event that fossils or fossil- bearing deposits are discovered during construction
activities, excavations within a 100-foot radius of the find shall be temporarily halted or diverted, and the applicant Confirm retention of a
Paleontological
Resources Monitor
during project
excavations that occur at
Prior to and during
ground-disturbing
activities.
City of Orange
Planning Division
City of Orange
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Verification
Verification of Completion
Date Initial
shall retain a qualified Paleontologist to examine the
discovery. The applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The Paleontologist shall document the discovery as needed in accordance with
Society of Vertebrate Paleontology standards 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 City of Orange for review and approval prior to implementation, and the applicant shall adhere to the recommendations in the plan
10 feet or more below
ground surface.
If any paleontological
resources are
unearthed, confirm all
work within 100-feet
have been diverted and
confirm a professional
Paleontologist has
assessed the find to
salvage and deposit
resources in an
appropriate and timely
manner.
5.9 Hazards and Hazardous Materials
MM HAZ-1: During property development, the
Owner/Developer shall retain a hazards specialist to conduct biweekly site visits to observe for areas of possible
contamination, such as, but not limited to, the presence of underground facilities, buried debris, waste drums, and tanks, stained soil, or odorous soil. Should hazardous
materials be encountered, further investigation and analysis shall be necessary as deemed appropriate by City staff and/or Orange County Health Care Agency (OCHCA). Documentation and site visit notes shall be provided to City staff for review.
Additionally, if previously unknown contamination or solid waste are encountered during site development, the
Owner/Developer shall contact Orange County Solid Waste – LEA Supervisor at (714) 433-6270 or the Environmental
Health Main Line at (714) 433-6000.
Confirm biweekly site
visits have been
completed through
review of notes and
documentation.
During ground-
disturbing activities.
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Planning Division
City of Orange
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Verification of Completion
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5.10 Hydrology and Water Quality
Implement MM GEO-1 See MM GEO-1 See MM GEO-1 See MM GEO-1 Implement MM GEO-1 See MM GEO-1 See MM GEO-1 See MM GEO-1
5.13 Noise
MM NOI-1: 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 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 such market available technology exists.
• At all times during project grading and construction, the construction contractor shall ensure that stationary noise- generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from the nearest residential land uses. • 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
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.
Review of grading and
building plans.
Prior to issuance of
grading and/or
building permits.
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Planning Division
City of Orange
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Verification of Completion
Date Initial
• The construction contractor shall ensure that all on-site demolition and construction activities, including deliveries and engine warm-up, shall be restricted to the hours
between 7:00 a.m. and 8:00 p.m. on any day except for
Sunday or a Federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a Federal holiday.
5.17 Transportation
MM TRANS-1: The City Drive at Existing Driveway No. 1: The Applicant shall install a five-phase traffic signal with protected left-turn phasing in the northbound and
southbound directions and permissive phasing in the
eastbound and westbound directions. The installation of this improvement shall be subject to approval by the City of Orange.
Review of traffic plans
for five-phase traffic
signal and confirm
construction and
implementation of
traffic signal.
Prior to issuance of
certificate of
occupancy.
City of Orange
Public Works
Department, Traffic
Division
Implement MM TRANS-1 See MM TRANS-1 See MM TRANS-1 See MM TRANS-1
5.20 Mandatory Findings of Significance
MM BIO-1, MM CUL-1, MM CUL-2 See MM BIO-1, MM
CUL-1, and MM CUL-2
above.
See MM BIO-1, MM
CUL-1, and MM
CUL-2 above.
See MM BIO-1, MM
CUL-1, and MM
CUL-2 above.
Implement MM BIO-1, MM CUL-1, MM CUL-2, MM GEO-1,
MM GEO-2, MM HAZ-1, and MM TRANS-1.
See MM BIO-1, MM
CUL-1, MM CUL-2, MM
GEO-1, MM GEO-2, MM
HAZ-1, and MM TRANS-1
above.
See MM BIO-1, MM
CUL-1, MM CUL-2,
MM GEO-1, MM
GEO-2, MM HAZ-1,
and MM TRANS-1
above.
See MM BIO-1, MM
CUL-1, MM CUL-2,
MM GEO-1, MM
GEO-2, MM HAZ-1,
and MM TRANS-1
above.
Implement MM BIO-1, MM CUL-1, MM CUL-2, MM GEO-1,
MM GEO-2, MM HAZ-1, and MM TRANS-1
See MM BIO-1, MM
CUL-1, MM CUL-2, MM
GEO-1, MM GEO-2, MM
HAZ-1, and MM TRANS-1
above.
See MM BIO-1, MM
CUL-1, MM CUL-2,
MM GEO-1, MM
GEO-2, MM HAZ-1,
and MM TRANS-1
above.
See MM BIO-1, MM
CUL-1, MM CUL-2,
MM GEO-1, MM
GEO-2, MM HAZ-1,
and MM TRANS-1
above.