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Attachment 7 Final Mitigated Negative Declaration No. 1882-22 and Mitigation Monitoring and Reporting Program dated March 5, 2024

Orange City Council
May 28, 2024

Document
Attachment 7 Final Mitigated Negative Declaration No. 1882-22 and Mitigation Monitoring and Reporting Program dated March 5, 2024
Meeting
May 28, 2024
Body
Orange City Council
Pages
70
Original file
26.7 MB
Text extracted from the city's file for reading and search. Open the original on cityoforange.legistar1.com. That file is the official record.

Therefore, with implementation of mitigation, the proposed Project would not substantially degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife populations to drop below self -sustaining levels, threaten to eliminate a City of Orange
901 E. Katella Residential Project IS/MND Page 98
plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory.

Impacts would be less than significant with mitigation incorporated.

b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less than Significant with Mitigation Incorporated. As concluded throughout this IS/MND, the proposed Project would result in either no impact, less -than-significant impact, or a less -than-significant impact with mitigation incorporated with respect to all environmental impact areas outlined in the CEQA Guidelines Appendix G Environmental Checklist. Reasonably foreseeable projects have been incorporated into the traffic, air quality, noise, and greenhouse gas studies, all of which have shown that impacts can be reduced to less than significant. Furthermore, no significant resources, such as cultural, geotechnical, or biotic, exist on the Project site and therefore no cumulative impact would occur. The proposed Project would detain and treat storm runoff from the proposed Project on- site, therefore no cumulative impacts would occur. For all resource areas analyzed, the proposed Project’s individual-level impacts would be at less -than-significant levels, which, in turn, would reduce the potential for these impacts to be considered part of any cumulative impact. Therefore, the proposed Project would not result in individually limited but cumulatively considerable impacts. Impacts would be less than significant with mitigation incorporated.

c) Does the project have environmental effe cts which will cause substantial adverse effects on human beings, either directly or indirectly? Less than Significant with Mitigation Incorporated. As evaluated throughout this document, the proposed Project would have no impact, less-than-significant impact, or a less-than-significant with mitigation incorporated with respect to all environmental impact areas. Therefore, the proposed Project would not directly or indirectly cause substantial adverse effects on human beings. Impacts would be less than sign ificant with mitigation incorporated.

City of Orange
901 E. Katella Residential Project IS/MND Page 99
SECTION 6.0 MITIGATION MONITORING AND REPORTING

PROGRAM

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901 E. Katella Avenue Residential Project, City of Orange

MITIGATION MONITORING AND REPORTING PROGRAM
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NUMBER (1882-22) PROJECT NAME: 901 East Katella Avenue Residential Development Project

PROJECT LOCATION: 901 East Katella Avenue, City of Orange, County of Orange, California 92867 PROJECT DESCRIPTION: The Project proposes to demolish all on site improvements and construct 49 new paired and small lot detached homes (17 paired and 15 detached) on the 2.71-acre Project site, including four open space and recreation areas and guest parking. To accommodate this proposal, a General Plan Amendment and Zone Change are requested. The General Plan Amendment would change the land use designation from General Commercial (GC) to Medium Density Residential (MDR). The Zone Change would change the zoning classification from Commercial Professional (C-P) to Multiple-Family Residential (R-3) with application of Small Lot Subdivision Development Standards (OMC 17.14.270). The proposed community would have a density of 18.1 dwelling units per acre (du/ac), approximately the midpoint of the Medium Density Residential Zone, which provides for densities of 15.1 to 24.0 dwelling unit per acre.

LEAD AGENCY: City of Orange
CONTACT PERSON/ TELEPHONE NO.: Monique Schwartz, Senior Planner/ (714) 744-7224

APPLICANT: Intracorp, SoCal-1, LLC
CONTACT PERSON/ TELEPHONE NO.: Emilie Simard / (949) 724-5923

No.

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Remarks
Air Quality

PDF AQ-
1 The project must follow the standard
SCAQMD rules and requirements with regards
to fugitive dust control, which include, but are
not limited to the following:

1. All active construction areas shall be
watered two (2) times daily.

2. Speed on unpaved roads shall be reduced
to less than 15 mph.

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3. Any visible dirt deposition on any public
roadway shall be swept or washed at the site
access points within 30 minutes.

4. Any on-site stockpiles of debris, dirt or
other dusty material shall be covered or
watered twice daily.

5. All operations on any unpaved surface
shall be suspended if winds exceed 15 mph.

6. Access points shall be washed or swept
daily.

7. Construction sites shall be sandbagged for
erosion control.

8. Apply nontoxic chemical soil stabilizers
according to manufacturers’ specifications to
all inactive construction areas (previously
graded areas inactive for 10 days or more).

9. Cover all trucks hauling dirt, sand, soil, or
other loose materials, and maintain at least 2
feet of freeboard space in accordance with the
requirements of California Vehicle Code
(CVC) section 23114.

10. Use gravel aprons and track out grates at
all truck exits.

11. Replace the ground cover of disturbed
areas as quickly as possible.

PDF AQ-
2 All diesel construction equipment should have
Tier 4 low emission “clean diesel” engines
(OEM or retrofit) that include diesel oxidation

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catalysts and diesel particulate filters that meet
the latest CARB best available control
technology.

PDF AQ-
3 Construction equipment should be maintained
in proper tune.

PDF AQ-
4 All construction vehicles should be prohibited
from excessive idling. Excessive idling is
defined as five (5) minutes or longer.

PDF AQ-
5 Minimize the simultaneous operation of
multiple construction equipment units, to the
maximum extent feasible.

PDF AQ-
6 The use of heavy construction equipment and
earthmoving activity should be suspended
during Air Alerts when the Air Quality Index
reaches the “Unhealthy” level.

PDF AQ-
7 Establish an electricity supply to the
construction site and use electric powered
equipment instead of diesel-powered
equipment or generators, where feasible.

PDF AQ-
8 Establish staging areas for the construction
equipment that are as far from adjacent
residential homes, as feasible.

PDF AQ-
9 Use haul trucks with on-road engines instead
of off-road engines for on-site hauling.

PDF AQ-
10 The project must comply with the mandatory
requirements of the California Building
Standards Code, Title 24, Part 6 (Energy Code)

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and Part 11 (CALGreen), including, but not
limited to:

• Install low-flow fixtures and toilets, water-
efficient irrigation systems, drought
tolerant/native landscaping, and reduce the
amount of turf.
• Provide the necessary infrastructure to
support electric vehicle charging.
• Provide solar installations (or other
sources of on -site renewable energy) per
the prescribed Energy Design Ratings.

PDF AQ-
11 Participate in the local waste management
recycling and composting programs.

Biological Resources

MM BIO-
1 Prior to ground disturbances that would impact
potentially suitable nesting habitat for avian
species, the project applicant shall adhere to
the following:

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 the extent feasible to avoid
potential impacts to nesting birds and/or
ground nesters.

Prior to Ground
Disturbances –
Applicant/
Construction
Contractor
Prior to Ground
Disturbances –
City

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2. Any construction activities that occur
during typical nesting season (February 15
to August 31 for songbirds; January 15 to
August 31 for raptors) will require that all
suitable habitat, on-site and within 300-
feet surrounding the site (as feasible), be
thoroughly surveyed for the presence of
nesting birds by a qualified biologist
before commencement ground
disturbances. If active nests are identified,
the biologist would establish buffers
around the vegetation (500 feet for raptors
and sensitive species, 200 feet for non-
raptors/non-sensitive species). All work
within these buffers would be halted until
the nesting effort is finished (i.e. the
juveniles are surviving independent from
the nest). The onsite biologist would
review and verify compliance with these
nesting boundaries and would verify the
nesting effort has finished. Work can
resume within these areas when no other
active nests are found. Alternatively, a
qualified biologist may determine that
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construction can be permitted within the
buffer areas and would develop a
monitoring plan to prevent any impacts
while the nest continues to be active (eggs,
chicks, etc.). Upon completion of the
survey and any follow-up construction
avoidance management, a report shall be
prepared and submitted to City for
mitigation monitoring compliance record
keeping
Geology and Soils
MM
GEO-1
The Project Applicant shall implement the
recommendations contained in the report
Updated Geotechnical and Infiltration
Evaluation for Proposed 49 -Unit Residential
Development, 901 E. Katella Avenue, City of
Orange, Orange County, California, dated June
3, 2022, and prepared by GeoTek, Inc.
(Appendix D) to reduce geologic hazards
during implementation of the proposed Project.

Included in the reports are site -specific
recommendations involving such topics as,
grading and earthwork, slope stability, retaining
walls, seismic design, construction materials,
geotechnical observation, and testing and plan
reviews.

Pre ground
disturbances –
Applicant/
Geotechnical
Engineer
Plan Check –
Applicant/ City
Geotechnical
Engineer

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MM
GEO-2
Prior to the issuance of a grading permit, the
Applicant shall prepare a final geotechnical
report based on the final rough grading plans
and the final geotechnical report shall
incorporate all of the recommendations
included in the preliminary geotechnical reports
included in Appen dix D. The geotechnical
reports included in Appendix D have
established that the site is geotechnically
suitable for development and a final
geotechnical report is required to ensure all
construction-level geotechnical
recommendations and design parameters are
included on the final rough grading plans.

Prior to grading
permit –
Applicant/
Geotechnical
Engineer
Prior to grading
permit –
Applicant/ City
Geotechnical
Engineer

MM
PALEO-1
Prior to the issuance of a grading permit, the
Applicant shall prepare for City review and
approval a Paleontological Mitigation
Monitoring Plan, as follows:

1. Prior to initiation of any grading, drilling,
and/or excavation activities, a
preconstruction meeting will be held and
attended by the paleontologist of record,
representatives of the grading contractor
and subcontractors, the project owner or
developer, and a representative of the lead
agency. The nature of potential
Prior to grading
permit –
Applicant/
Cultural
Consultant
Prior to grading
permit – City

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paleontological resources shall be
discussed, as well as the protocol that is to
be implemented following discovery of
any fossiliferous materials.

2. Monitoring of mass grading and
excavation activities shall be performed by
a qualified paleontologist or
paleontological monitor. Monitoring will
be conducted full-time in areas of grading
or excavation in undisturbed sediments of
Pleistocene old alluvial fan deposits
starting at a depth of five feet. The project
paleontologist should have the discretion
of adjusting the monitoring schedule based
on any changing geological conditions
observed during monitoring.

3. Paleontological monitors will be equipped
to salvage fossils as they are unearthed to
avoid construction delays. The monitor
must be empowered to temporarily halt or
divert equipment to allow removal of
abundant or large specimens in a timely
manner. Monitoring may be reduced if the
potentially fossiliferous units are not
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present in the subsurface or, if present, are
determined upon exposure and
examination by qualified paleontological
personnel to have low potential to contain
fossil resources.

4. Paleontological salvage during trenching
and boring activities is typically from the
generated spoils and does not delay the
trenching or drilling activities. Fossils are
collected and placed in cardboard flats or
plastic buckets and identified by field
number, collector, and date collected.

Notes are taken on the map location and
stratigraphy of the site, and the site is
photographed before it is vacated and the
fossils are removed to a safe place. On
mass grading projects, any discovered
fossil site is protected by red flagging to
prevent it from being overrun by
earthmovers (scrapers) before salvage
begins. Fossils are collected in a similar
manner, with notes and photographs being
taken before removing the fossils. Precise
location of the site is determined with the
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use of handheld Global Positioning
System units. If the site involves a large
terrestrial vertebrate, such as large bone(s)
or a mammoth tusk, that is/are too large to
be easily removed by a single monitor, a
fossil recovery crew will excavate around
the find, encase the find within a plaster
and burlap jacket, and remove it after the
plaster is set. For large fossils, use of the
contractor’s construction equipment is
solicited to help remove the jacket to a
safe location before it is returned to the
laboratory facility for preparation.

5. Isolated fossils are collected by hand,
wrapped in paper, and placed in temporary
collecting flats or five-gallon buckets.

Notes are taken on the map location and
stratigraphy of the site, and the site is
photographed before it is vacated and the
fossils are removed to a safe place.

6. Particularly small invertebrate fossils
typically represent multiple specimens of a
limited number of organisms, and a
scientifically suitable sample can be
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obtained from one to several five-gallon
buckets of fossiliferous sediment. If it is
possible to dry-screen the sediment in the
field, a concentrated sample may consist
of one or two buckets of material. For
vertebrate fossils, the test is usually the
observed presence of small pieces of bones
within the sediments. If present, multiple
five-gallon buckets of sediment can be
collected and returned to a separate facility
to wet-screen the sediment.

7. In accordance with the “Microfossil
Salvage” section of the Society of
Vertebrate Paleontology guidelines
(2010:7), bulk sampling and screening of
fine-grained sedimentary deposits
(including carbonate-rich paleosols) must
be performed if the deposits are identified
to possess indications of producing fossil
“microvertebrates” in order to test the
feasibility of the deposit to yield fossil
bones and teeth.

8. In the laboratory, individual fossils are
cleaned of extraneous matrix, any breaks
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are repaired, and the specimen, if needed,
is stabilized by soaking in an archivally
approved acrylic hardener (e.g., a solution
of acetone and Paraloid B-72).

9. Preparation of recovered specimens to a
point of identification and permanent
preservation (not display), including
screen-washing sediments to recover small
invertebrates and vertebrates. Preparation
of individual vertebrate fossils is often
more time-consuming than for
accumulations of invertebrate fossils.

10. Identification and curation of specimens
into a professional, accredited public
museum repository with a commitment to
archival conservation and permanent
retrievable storage (e.g., OC Parks in
Santa Ana, California). The
paleontological program should include a
written repository agreement prior to the
initiation of mitigation activities. The lead
agency may select another repository if it
so desires.

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11. Preparation of a final monitoring and
mitigation report of findings and
significance, including lists of all fossils
recovered and necessary maps and
graphics to accurately record their original
location(s). The report, when submitted to
and accepted by the appropriate lead
agency, will signify satisfactory
completion of the project program to
mitigate impacts to any potential
nonrenewable paleontological resources
(i.e., fossils) that might have been lost or
otherwise adversely affected without such
a program in place
Hazards and Hazardous Materials
MM
HAZ-1
Prior to the demolition of existing structures, a
survey for asbestos containing materials
(ACM), lead based paint (LBP), and
polychlorinated biphenyl (PCBs) shall be
conducted, and any such materials shall be
removed and disposed of properly by qualified
certified technicians in accordance with State
regulations.

Prior to and
during
demolition –
Applicant/
Professional
Prior to and
during
demolition –
City

Noise

PDF NOI-
1 The project will need to comply with California
Title 24 building insulation requirements for

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exterior walls, roofs, and common separating
assemblies (e.g. floor/ceiling assemblies and
demising walls), which shall be reviewed by the
City prior to issuance of a building permit.

• Interior noise levels due to exterior
sources must not exceed a community
noise equivalent level (CNEL) or a day -
night level (LDN) of 45 dBA, in any
habitable room.

• Party wall assembly designs must
provide a minimum STC of 50, based on
lab tests. Field tested assemblies must
provide a minimum noise isolation class
(NIC) of 45.

PDF NOI-
2 A “windows closed” condition is expected to be
required for all residential units within the
project site to meet the interior noise standard.

To accommodate windows closed conditions,
all units shall be equipped with adequate fresh
air ventilation, per the requirements of the
California Building Standards.

PDF NOI-
3 Upgraded windows and sliding glass doors with
a minimum STC rating of 32 or greater are
expected to be required for all units facing
Cambridge Street and Katella Avenue.

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PDF NOI-
4 Deliveries, loading and unloading activities,
and trash pick -up hours should be limited to
daytime hours only (7 a.m. – 10 p.m.).

PDF NOI-
5 Engine idling time for all delivery vehicles and
moving trucks to 5 minutes or less.

PDF NOI-
6 Construction-related noise shall take place only
between the hours of 7:00 a.m. to 8:00 p.m.

Monday through Saturday, and 9:00 a.m. to
8:00 p.m. on Sundays and Federal holidays.

PDF NOI-
7 Provide public notifications and signage in
readily visible locations along the perimeter of
construction sites that indicate the dates and
duration of construction activities, as well as
provide a telephone number where neighbors
can enquire about the construction process and
register complaints to a designated construction
noise disturbance coordinator.

PDF NOI-
8 All construction equipment shall be equipped
with muffles and other suitable noise
attenuation devices (e.g., engine shields).

PDF NOI-
9 Establish an electric connection to the site to
avoid the use of diesel - and gas -powered
generators, if feasible.

PDF NOI-
10 Locate staging area, generators, and stationary
construction equipment as far from the adjacent
residential homes as feasible.

PDF NOI-
11 Construction-related equipment, including
heavy-duty equipment, motor vehicles, and

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portable equipment, shall be turned off when
not in use for more than 5 minutes.

Transportation and Traffic
MM
TRANS-1
The Project Applicant shall install striping
modifications or signage to prohibit the
southbound left turn movement from
Cambridge Street into the Project.

Before final
approved
grading/
construction
plans –
Applicant/City
Before final
approved
grading/
construction
plans – City

Tribal Cultural Resource

MM TRC-
1 A. The project applicant/lead agency shall
retain a Native American Monitor from or
approved by the Gabrieleño Band of
Mission Indians – Kizh Nation and the
Gabrielino/Tongva Nation. The monitors
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, b oring,
grading, excavation, drilling, and trenching.

Prior to Ground
Disturbances –
Applicant and
Native American
Monitor
Prior to Ground
Disturbances –
City and Native
American
Monitor

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B. A copy of the executed monitoring
agreements with Gabrieleño Band of
Mission Indians – Kizh Nation and
Gabrielino/Tongva Nation 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 monitors will complete daily
monitoring logs that will provide
descriptions of the relevant ground -
disturbing activities, the typ e 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 remain s and
burial goods. Copies of monitor logs will be
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provided to the project applicant/lead
agency upon written request to the Tribes.

D. On-site tribal monitoring shall conclude
upon the latter of the following (1) written
confirmation to the Kizh and
Gabrielino/Tongva Nation from a
designated point of contact for the project
applicant/lead agency that all ground -
disturbing activities and p hases that may
involve ground-disturbing activities on the
project site or in connection with the project
are complete; or (2) a determination and
written notification by the Kizh and
Gabrielino/Tongva Nation to the project
applicant/lead agency that no fu ture,
planned construction activity and/or
development/construction phase at the
project site possesses the potential to impact
Kizh and Gabrielino/Tongva Nation TCRs.

MM TRC-
2 A. 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
During Grading
– Applicant/
Cultural Monitor
During Grading
– City

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recover and retain all discovered TCRs in
the form and/or manner the Tribe deems
appropriate, in the Tribe’s sole disc retion,
and for any purpose the Tribe deems
appropriate, including for educational,
cultural and/or historic purposes.

MM TRC-
3 A. Native American human remains are
defined in PRC 5097.98 (d)(1) 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 are discovered or recognized on
the project site, then Public Resource Code
5097.9 as well as Health and Safety Code
Section 7050.5 shall be followed.

C. Human remains and grave/burial goods
shall be treat ed alike per California Public
Resources Code section 5097.98(d)(1) and
(2).

D. Preservation in place (i.e., avoidance) is the
preferred manner of treatment for
During Grading
– Applicant/
Cultural Monitor
During Grading
– City

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discovered human remains and/or burial
goods.

E. Any discovery of human remains/burial
goods shall be kept confidential to prevent
further disturbance.

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