Mitigation Monitoring and Reporting Program
534 Struck Avenue Project
State Clearinghouse No. 2021090399
Prepared for:
City of Orange
300 E Chapman Ave
Orange, CA 92866
Prepared by:
T&B Planning, Inc.
3200 El Camino Real, Suite 100
Irvine, CA 92602
714-505-6360
June 2023
Lead Agency: City of Orange SCH No. 2021090399
CEQA Requirements
The California Environmental Quality Act (CEQA) requires that when a public agency completes an environmental document that includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a Mitigation Monitoring and R eporting Program (MM RP) for the changes to the project that it has adopted or made a condition of project approval in order to mitigate or avoid significant environmental impacts. The appropriate reporting or monitoring plan must be designed to ensure compliance during project implementation (Public Resources Code §21081.6).
The City of Orange will coordinate the monitoring of the mitigation measures and regulatory requirements with each applicable City department or division, while various City departments/divisions would be responsible for monitoring and verifying compliance of specific mitigation measures and regulatory requirements (see the beginning on page 3). Monitoring will include: 1) verification that each mitigation measure and regulatory requirement has been implemented; 2) recordation of the actions taken to implement each mitigation measure and regulatory requirement; and 3) retention of records in the project file.
Project Objectives
The objectives of the proposed 534 Struck Avenue Project (the “Project”) include the following:
1. Create a professional, well -maintained and attractive environment for the development of a truck terminal consistent with the underlying zoning adjacent to nearby transportation routes, including State Route 57 (SR-57) and Interstate 5 (I-5).
2. Provide the entitlements and framework for the development of a truck terminal with warehouse and office spaces that are responsive to local and regional trade demands.
3. Provide development that will enhance the City’s economic well -being and employment opportunities for community residents.
4. Develop the site with a use that has architectural design and operational characteristics that are compatible with other existing and planned developments in the local area.
5. Provide a fully secured premise with active management to strengthen the security and safety for the local area.
6. Redevelop the Project site with a new modern building that meet current California Building Code and California Green Building Code Stands with increased energy efficiency with existing available infrastructure.
Overview of the Project
The Project site is located at 534 Struck Avenue in the City of Orange, Orange County, California. The Project entails a proposed Conditional Use Permit No. 3137-21, Major Site Plan Review No. 1039-21, and Design Review No. 5028-21. The Project Applicant is proposing to redevelop the site with a 57,900
Lead Agency: City of Orange SCH No. 2021090399
sf truck terminal, that includes 52,900 sf of warehouse space and 5,000 sf of office space, and a 5,400- sf maintenance building. Refer to EIR Section 3.0, Project Description, for a detailed description of the Project.
Mitigation Monitoring and Reporting Plan
This MMRP delegates responsibilities for monitoring the implementation of the 534 Struck Avenue Project mitigation measures and applicable regulatory requirements, and allows responsible City entities flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure or regulatory requirement. The timing for monitoring and reporting is described in the monitoring and reporting summary table, below.
Adequate monitoring requires demonstration of monitoring procedures and implementation of mitigation measures and regulatory requirements.
In order to enhance the effectiveness of the monitoring program, the City will utilize existing systems where appropriate. These inspectors are familiar with a broad range of regulatory issues and will provide first line oversight for much of the monitoring program during construction activities.
Program Changes
If minor changes are required to this MM RP, they will be made in accordanc e with the California Environmental Quality Act ( CEQA) and would be permitted after further review by the City. Such changes could include reassignment of monitoring and reporting responsibilities and/or minor modifications to mitigation measures that achieve the same or better end results. No change will be permitted unless the Mitigation Monitoring and Reporting Program continues to satisfy the requirements of Public Resources Code §21081.6.
Lead Agency: City of Orange SCH No. 2021090399
Mitigation Monitoring and Reporting Program
No.
Mitigation Measure
Time Frame and
Responsible Party
for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials
Date
Remarks
Air Quality
The Project would not result in significant adverse impacts related to air quality. No mitigation is required.
Biological Resources
MM
4.2-1
In the event that vegetation and tree removal should
occur between March 15 and September 1, the
Project Applicant shall retain a qualified biologist to conduct a nesting bird survey no more than 3 days
prior to commencement of construction activities.
The biologist conducting the clearance survey shall
document the negative results if no active bird nests
are observed on the Project site or within the vicinity during the clearance survey with a brief letter report, submitted to the City of Orange Community
Development Department prior to construction,
indicating that no impacts to active bird nests would
occur before construction can proceed. If an active
avian nest is discovered during the pre-construction
clearance survey, construction activities shall stay
outside of a 200-foot buffer around the active nest.
For listed and raptor species, this buffer shall be 500- feet. A biological monitor shall be present to
delineate the boundaries of the buffer area and to
monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity.
Prior to the commencement of construction activities
and the issuance of any permits, results of the pre-
Prior to construction;
Project
Applicant/Project
Biologist
Prior to the
commencement of
construction
activities and the
issuance of any
permit; City of
Orange Director of
Community
Development
Lead Agency: City of Orange SCH No. 2021090399
No.
Mitigation Measure
Time Frame and
Responsible Party
for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials
Date
Remarks
construction survey and any subsequent monitoring
shall be provided to the City of Orange Community
Development Department.
MM
4.2-2
Prior to approval of a grading permit, a note shall be
placed on grading plans that “no personnel working
within Project limits will “take” or destroy plants,
animals, or active nests (or eggs) of birds that are
protected under the Federal or State Endangered
Species Acts and Migratory Bird Treaty Act
(MBTA).” During pre-construction surveys, a
biologist shall train all field staff on appliable local, state, and federal regulatory requirements,
environmental laws, and regulations associated with
working around biological resources. Verification of
training shall be provided to the Community
Development Director.
Prior to approval of a
grading permit;
Project Biologist
Prior to approval of
a grading permit and
during pre-
construction
surveys; City of
Orange Director of
Community
Development
Cultural Resources
MM
4.3-1
In the event a potentially significant cultural resource is encountered during subsurface earthwork activities,
all construction activities within a 100-foot radius of the find shall cease and workers should avoid altering
the materials until a qualified archaeologist who
meets the Secretary of Interior’s Professional
Qualification Standards for archaeology has
evaluated the resource. The Applicant shall include a
standard inadvertent discovery clause in every
construction contract to inform contractors of this
requirement. Any previously undiscovered resource
found during construction-related activities shall be
recorded on the appropriate Department of Parks and
Recreation (DPR) forms and evaluated for
During subsurface
earthwork activities;
Project
Applicant/Project
Archaeologist
In the event a
potentially significant
cultural resource is
encountered during
subsurface earthwork
activities; City of
Orange Director of
Community
Development
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significance in terms of CEQA criteria by a qualified
archaeologist. Potentially significant cultural
resources consist of but are not limited to stone, bone, glass, ceramics, wood, or shell artifacts, or features
including hearths, structural remains, or historic
dumpsites. If the resource is determined to be
significant under CEQA Guidelines Section 15064.5,
the qualified archaeologist shall prepare and
implement a research design and archeological data
recovery plan that will capture those categories of
data for which the site is significant in accordance
with Section 15064.5 of the State CEQA Guidelines.
The archaeologist shall also perform appropriate
technical analyses, prepare a comprehensive report
complete with methods, results, and
recommendations, and provide for the permanent
curation or repatriation of the recovered resources in
cooperation with the designated most likely
descendant as needed. The report shall be submitted
to the City of Orange, the South-Central Coastal
Information Center, and the State Historic
Preservation Office, if required.
Energy
The Project would not result in significant adverse impacts related to energy. No mitigation is required.
Geology and Soils
MM
4.5-1
Prior to the issuance of a grading permit, the
Applicant shall provide written evidence to the
Community Development Department that the
Applicant has retained a qualified paleontologist to
respond on an as-needed basis to address
Prior to the issuance
of a grading permit;
Project
Applicant/Project
Paleontologist
Prior to the issuance
of a grading permit;
City of Orange
Director of
Community
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unanticipated paleontological discoveries.
In the event that paleontological resources are
encountered during ground-disturbing activities, all
construction activities within 100 foot vicinity of the find shall halt until the qualified paleontologist
identifies the paleontological significance of the find.
If determined to be significant, the fossil shall be
collected and prepared to the point of identification,
identified to the lowest taxonomic level possible,
cataloged, and curated into the permanent collections
of a museum repository. At the conclusion of
curation, a report of findings shall be prepared to
document the results of the monitoring program.
Construction shall not resume within the vicinity until the site paleontologist states in writing that the
proposed construction activities would not
significantly damage paleontological resources.
Development
Greenhouse Gas Emissions
The Project would not result in significant adverse impacts related to greenhouse gas emissions. No mitigation is required.
Hazards and Hazardous Materials
MM
4.7-1
The Project Contractor shall adhere to the protocols
and performance standards stipulated in the SMP
(Technical Appendix H3). Contractors working at the
site follow all applicable Cal/OSHA regulations for
construction safety. A Completion Report shall be
prepared at the conclusion of grading activities. The
report shall document field monitoring activities and
visual observations made during grading/excavations,
During construction;
Project Contractor
Prior to issuance of
building permits;
City of Orange
Director of
Community
Development
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as well as soil sampling locations and results. The
report shall include a description of the location of
impacted soil encountered, actions taken to
characterize and mitigate impacts, confirmation soil
sampling results, and disposition of any excavated
soil. In addition, the report shall include a description of encountered subsurface structures and steps to
remove and close such structures. The report shall be
reviewed and approved by the City of Orange
Community Development Director, prior to issuance
of building permits.
Hydrology and Water Quality
The Project would not result in significant adverse impacts related to hydrology and water quality. No mitigation is required.
Noise
The Project would not result in significant adverse impacts related to noise. No mitigation is required.
Transportation
The Project would not result in significant adverse impacts related to transportation. No mitigation is required.
Tribal Cultural Resources
MM
4.11-1
Prior to the commencement of any ground disturbing
activity at the project site, the Project Applicant shall retain a Native American Monitor approved by the
Gabrieleno Band of Mission Indians-Kizh Nation –
the
tribe that consulted on this project pursuant to
Assembly Bill A52 (the “Tribe” or the “Consulting
Tribe”). A copy of the executed contract shall be
submitted to the City of Orange Planning and Building
Prior to the
commencement of
any ground disturbing
activity; Project
Applicant/Native
American Monitor
Prior to issuance of
any permits
necessary to
commence a ground-
disturbing activity;
City of Orange
Director of
Community
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Department prior to the issuance of any permit
necessary to commence a ground-disturbing activity.
The Tribal monitor will only be present on-site during
the construction phases that involve ground-disturbing
activities into areas of undisturbed soils. Ground
disturbing activities are defined by the Tribe as
activities that may include, but are not limited to,
pavement removal, potholing or auguring, grubbing,
tree removals, boring, grading, excavation, drilling,
and trenching, within the Project site. The Tribal
Monitor will complete daily monitoring logs that will
provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end
when all ground-disturbing activities on the Project
site are completed, or when the Tribal Representatives
and Tribal Monitor have indicated that all upcoming
ground-disturbing activities at the Project site have
little to no potential for impacting Tribal Cultural
Resources.
Upon discovery of any Tribal Cultural Resources,
construction activities shall cease in the immediate
vicinity of the find (not less than the surrounding 100 feet) until the find can be assessed. All Tribal Cultural Resources unearthed by project activities shall be
evaluated by the qualified archaeologist and Tribal
monitor approved by the Consulting Tribe. If the
resources are Native American in origin, the
Consulting Tribe will retain it/them in the form and/or manner the Tribe deems appropriate, for educational,
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cultural and/or historic purposes. If human remains
and/or grave goods are discovered or recognized at the
Project site, all ground disturbance shall immediately
cease, and the county coroner shall be notified per
Public Resources Code Section 5097.98, and Health &
Safety Code Section 7050.5. Human remains and
grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
Work may continue on other parts of the Project site
while evaluation and, if necessary, mitigation takes
place (CEQA Guidelines Section 15064.5[f]). If a non-
Native American resource is determined by the
qualified archaeologist to constitute a “historical
resource” or “unique archaeological resource,” time
allotment and funding sufficient to allow for
implementation of avoidance measures, or appropriate
mitigation, must be available. The treatment plan
established for the resources shall be in accordance
with CEQA Guidelines Section 15064.5(f) for
historical resources and PRC Sections 21083.2(b) for
unique archaeological resources