Environmental Cleanup Levels
Environmental Screening Levels
Environmental Screening Levels (ESLs) provide conservative screening levels for over 100 chemicals found at sites with contaminated soil and groundwater. They are intended to help expedite the identification and evaluation of potential environmental concerns at contaminated sites. The ESLs were developed by San Francisco Bay Regional Water Quality Control Board; however, they are used throughout the state. While ESLs are not intended to establish policy or regulation, they can be used as a conservative screening level for sites with contamination. Other agencies in California currently use the ESLs (as opposed to RSLs). In general, the ESLs could be used at any site in the State of California, provided all stakeholders agree (SFBRWQCB 2019). In recent experi ence, regulatory agencies in various regions use ESLs as regulatory cleanup levels. The ESLs are not generally used at sites where the contamination is solely related to a leaking underground storage tank (LUST); those sites are instead subject to the Low-Threat Underground Storage Tank Closure Policy.
California Integrated Waste Management Board
Title 14 CCR, Division 7, Chapter 8.2 – Electronic Waste Recovery and Recycling Act of 2003 This regulation sets requirements regarding the use and disposal of hazardous substances in electronics. When discarded, the DTSC considers the following materials manufactured before 2006 to be hazardous waste: cathode ray tube devices, liquid crystal display (LCD) desktop monitors, laptop computers with LCD displays, LCD televisions, plasma televisions, and portable DVD Players with LCD screens.
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-26
California Department of Transportation/California Highway Patrol Title 13 CCR, Division 2, Chapter 6
California regulates the transportation of hazardous waste originating or passing through the state. The California Highway Patrol (CHP) and the California Department of Transportation (Caltrans) have primary responsibility for enforcing federal and state regulations and responding to hazardous materials transportation emergencies. CHP enforces materials and hazardous waste labeling and packing regulations that prevent leakage and spills of material in transit and provides detailed information to cleanup cr ews in the event of an incident. Vehicle and equipment inspection, shipment preparation, container identification, and shipping documentation are all part of the responsibility of CHP. CHP conducts regular inspections of licensed transporters to ensure reg ulatory compliance. Caltrans has emergency chemical spill identification teams at locations throughout the state.
Hazardous waste must be regularly removed from generating sites by licensed hazardous waste transporters.
Transported materials must be accompanied by hazardous waste manifests.
Occupational Safety and Health
Title 8 CCR – Safety Orders
Under the California Occupational Safety and Health Act of 1973, the California Occupational Safety and Health Administration (CalOSHA) is responsible for ensuring safe and healthful working conditions for California workers.
CalOSHA assumes primary responsibility for developing and enforcing workplace safety regulations in Title 8 of the CCR. CalOSHA hazardous substances regulations include requirements for safety training, availability of safety equipment, hazardous substance exposure warnings, and emergency action and fire prevention plan preparation.
CalOSHA also enforces hazard communication program regulations, which contain training and information requirements, including procedures for identifying and labeling hazardous substances. The hazard communication program also requires that Material Safety Data Sheets be available to employees and that employee information and training programs be documented.
In Division 1, Chapter 4, Subchapter 4 – Construction Safety Orders of Title 8, construction safety orders are listed and include rules for demolition, excavation, explosives work, working around fumes and vapors, pile driving, vehicle and traffic control, crane operation, scaffolding, fall protection, and fire protection and prevention, among others.
Cal/OSHA Asbestos and Carcinogen Unit enforces asbestos standards in construction, shipyards, and general industry. This includes identification and removal requirements of asbestos in buildings, as well as health and safety requirements of employees performing work under the Asbestos -In-Construction regulations 8 CCR 1529. Only a Cal/OSHA-Certified Asbestos Consultant (CAC) can provide asbestos consulting (as defined by the Business and Professions Code, 7180 –7189.7, and triggered by the same size and concentration triggers as for registered contractors). These services include building inspection, abatement p roject design, contract administration, supervision of site surveillance technicians, sample collection, preparation of asbestos management plans, and clearance air monitoring.
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-27
Asbestos and Air Quality
Enforcement of the NESHAP Regulation, HSC Section 39658(b)(1) The California Air Resources Board (CARB) is responsible for overseeing compliance with the federal Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAPs) in Los Angeles County. The Asbestos NESHAP Program enforces compliance with the federal National Emissions Standards for Hazardous Air Pollutants (NESHAP) regulation for asbestos and investigates all related complaints, as specified by HSC Section 39658(b)(1). Of the 35 air districts in California, 16 of these districts do not have an asbestos program in place.
In these "non -delegated" districts, a demolition/renovation notification is required for compliance with the Asbestos NESHAP. (This notification is not equivalent to a permit.) CARB reviews and investigates the notifications. Th e program also administers two annual statewide asbestos NESHAP task force meetings for air districts and US EPA to facilitate communication and enforcement continuity, and assists US EPA in training district staff to enforce the asbestos NESHAP.
Contractors State License Board
The California Department of Consumer Affairs Contractors State License Board manages the licensing of asbestos abatement contractors.
Lead -Based Paint
The California Department of Public Health enforces lead laws and regulations related to the prevention of lead poisoning in children, prevention of lead poisoning in occupational workers, accreditation and training for construction-related activities, lead exposure screening and reporting, disclosures, and limitations on the amount of lead found in products. Accredited lead specialists are required to find and abate lead hazards in a construction project and to perform lead-related construction work in an effective and safe manner. The specific regulations are as follows:
California Health & Safety Code Sections 124125 to 124165 Declared childhood lead exposure as the most significant childhood environmental health problem in the state.
Established the Childhood Lead Poisoning Prevention Program and instructed it to continue to take steps necessary to reduce the incidence of childhood lead exposure in California.
California Health & Safety Code Sections 105275 to 105310 Reaffirmed California's commitment to lead poisoning prevention activities; provided CDPH with broad mandates on blood lead screening protocols, laboratory quality assurance, identification and management of lead exposed children, and reducing lead exposures.
California Health & Safety Code Section 105250
Establishes a program to accredit lead -related construction training providers and certify individuals to conduct lead-related construction activities.
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-28
California Civil Code Section 1941.1; California Health & Safety Code Sections 17961, 17980, 124130, 17920.10, 105251 to 105257
Deems a building to be in violation of the State Housing Law if it contains lead hazards, and requires local enforcement agencies to enforce provisions related to lead hazards. Makes it a crime for a person to engage in specified acts related to lead hazar d evaluation, abatement, and lead -related constructions courses, unless certified or accredited by the Department. Permits local enforcement agencies to order the abatement of lead hazards or issue a cease and desist order in response to lead hazards.
California Civil Code Sections 1102 to 1102.16
Requires the disclosure of known lead-based paint hazards upon sale of a property.
California Education Code Sections 32240 to 32245
Implemented a lead poisoning prevention and protection program for California schools for a survey to ascertain risk factors that predicted lead contamination in public schools. The survey was completed in 1998. Findings of the survey are under Materials and Products.
California Labor Code Sections 6716 to 6717
Provides for the establishment of standards that protect the health and safety of employees who engage in lead - related construction work, including construction, demolition, renovation, and repair.
California Health & Safety Code Sections 116875 to 116880 Requires the use of lead-free pipes and fixtures in any installation or repair of a public water system or in a facility where water is provided for human consumption.
California Health & Safety Code Sections 105185 to 105197 Establishes an occupational lead poisoning prevention program to register and monitor laboratory reports of adult lead toxicity cases, monitor reported cases of occupational lead poisoning to ascertain lead poisoning sources, conduct investigations of take -home exposure cases, train employees and health professionals regarding occupational lead poisoning prevention, and recommended means for lead poisoning prevention.
California Building Standards Commission
Title 24 of the CCR – California Building Standards Code The California Building Standards Code is a compilation of three types of building standards from three different sources:
▪ Building standards that have been adopted by state agencies without change from building standards contained in national model codes;
▪ Building standards that have been adopted and adapted from the national model code standards to meet California conditions; and
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-29
▪ Building standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address particular California concerns.
Among other rules, the Code contains requirements regarding the storage and handling of hazardous materials.
The Chief Building Official at the local government level (i.e., City of Fullerton) must inspect and verify compliance with these requirements prior to issuance of an occupancy permit.
California Building Code – Chapter 7A
This chapter of the California Building Code establishes minimum standards for buildings located in any Fire Hazard Severity Zone within State Responsibility Areas or any Wildland-Urban Interface Fire Area to resist the intrusion of flames or burning embers projected by a vegetation fire.
California Forestry and Fire Protection
2010 Strategic Fire Plan for California
Public Resources Code Sections 4114 and 4130 authorize the State Board of Forestry to establish a fire plan that establishes the levels of statewide fire protection services for State Responsibility Area (SRA) lands. These levels of service recognize other fire protection resources at the federal and local level that collectively provide a regional and statewide emergency response capability. In addition, California’s integrated mutual aid fire protection system provides fire protection services through aut omatic and mutual aid agreements for fire incidents across all ownerships. The California Fire Plan is the state’s road map for reducing the risk of wildfire through planning and prevention to reduce firefighting costs and property losses, increase firefig hter safety, and to contribute to ecosystem health.
California Code of Regulations Title 24 Part 9 - 2019 California Fire Code The California Fire Code contains regulations consistent with nationally recognized and accepted practices to safeguard life and property from hazards due to fire explosion, dangerous conditions from handling hazardous materials and devices, and hazardous conditions during occupancy of buildings. The fire code also i ncludes protection and assistance of emergency response personnel, safety -related building codes, and other standards (ICC 2024).
California Emergency Services Act
Under the Emergency Services Act (California Government Code, Section 8550 et seq.), the State of California developed an emergency response plan to coordinate emergency services provided by federal, state, and local agencies. Rapid response to incidents involving hazardous materials or hazardous waste is an integral part of the plan, which is administered by the Governor’s Office of Emergency Services. The Office of Emergency Services coordinates the responses of other agencies, including the EPA, California Highway Patrol, Regional Water Quality Control Boards, air quality management districts, and county disaster response offices.
California Accidental Release Prevention Program
Similar to the EPA Risk Management Program, the California Accidental Release Prevention (CalARP) Program (19 CCR 2735.1 et seq.) regulates facilities that use or store regulated substances, such as toxic or flammable chemicals, in quantities that exceed established thresholds. Under the regulations, industrial facilities that handle
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-30
hazardous materials above threshold quantities are required to prepare and submit a hazardous materials business plan (HMBP) to the local CUPA via the California Environmental Reporting System. As part of the HMBP, a facility is further required to specify applicability of other state regulatory programs. The overall purpose of CalARP is to prevent accidental releases of regulated substances and reduce the severity of releases that may occur. The CalARP Program meets the requirements of the EPA Risk Managem ent Program, which was established pursuant to the Clean Air Act Amendments.
California Dig Alert
CA Government Code 4216
In accordance with CA Government Code 4216.2, an excavator planning to conduct an excavation shall notify the appropriate regional notification center of the intent to excavate between 2 and 14 calendar days prior to excavation activities. When the excavation is proposed within 10 feet of a “high priority subsurface installation”, which includes high pressure natural gas and petroleum pipelines, the operator of the high priority subsurface installation shall notify the excavator of the existing of the insta llation and set up an onsite meeting to determine actions required to verify location and prevent damage to the installation. The excavator shall not begin excavating until the onsite meeting is complete.
Local
South Coast Air Quality Management District (SCAQMD)
Rule 403 – Fugitive Dust
The purpose of this rule is to reduce the amount of particulate matter in ambient air as a result of manmade fugitive dust sources by requiring actions to prevent, reduce, or mitigate fugitive dust emissions. Fugitive dust control measures are required dur ing active operations, including earthmoving activities, open storage, and other dust creating activities, and require best available control practices to reduce particulates to a specified level.
Rule 1403 – Asbestos -Containing Materials
The SCAQMD requires compliance with Rule 1403 for protection from ACM. These compulsory steps include surveys, notification, and proper abatement of ACM prior to renovation or any demolition.
Rule 1166 – Volatile Organic Compound Emissions from Decontamination of Soil This rule sets requirements to control emissions of VOCs during excavation, grading, handling, and treating of VOC- contaminated soil as a result of leakage from storage or transfer operations, accidental spillage, or other deposition.
Compulsory steps incl ude preparation of a mitigation plan that’s approved by SCAQMD prior to work beginning, monitoring, segregation of contaminated soils, dust control, and notifications to SCAQMD.
Rule 1466 – Control of Particulate Emissions from Soils with Toxic Air Contaminants This rule sets requirements to minimize the amount of offsite fugitive dust emissions containing toxic air contaminants by reducing the particulate emissions as a result of earth moving activities. Requirements include monitoring, minimizing ambient dust, and notifications to SCAQMD.
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-31
Hazardous Materials
Orange County Health Care Agency – Environmental Health The OCHCA is the CUPA designated for the County of Orange by the Secretary for Environmental Protection. The CUPA is the local administrator for hazardous materials, business emergency plans, hazardous waste, USTs, aboveground petroleum storage tanks, and the CalARP Program. Additional information on the CUPA is discussed in this section under the subheading California Unified Program for Management of Hazardous Waste and Materials . OCHCA’s specific responsibilities include the hazardous waste inspection program, UST program, aboveground petroleum storage tank program, h azardous materials disclosure and business emergency planning , and CalARP. In the City, these responsibilities are delegated to the City of Fullerton Fire Department.
Orange County Codified Ordinance, Section 7 -9-146.4 – Waste Management and Hazardous Materials The County of Orange has specific requirements, in addition to the requirements of each district, for procedures and principles applicable to the use, storage, management, and disposal of hazardous materials. These procedures include disclosure prior to is suance of certificate of occupancy for commercial uses, waste management, and underground storage tanks.
City of Fullerton Municipal Code Chapters 5.25 through 5.35 – Hazardous Materials Cleanup, Underground Storage of Hazardous Materials, and Hazardous Materials Management Fullerton Municipal Code (FMC) Chapter 5.25 summarizes the rules and requirements for cleanup of hazardous material, with specific consideration for cost recovery to the fire department. The Fire Chief is authorized to cleanup or abate effects of unlawful releases of hazardous materials or wastes, and as such may seek cost recovery for said cleanup.
FMC Chapter 5.30 outlines the City’s authority to enforce CCR Title 23, Division 3, Chapter 16, Article 11 and HSC Division 20 Chapters 6.7 and 6.75 relating to underground storage of hazardous substances and required corrective actions.
FMC Chapter 5.35 outlines the City’s authority to enforce HSC Chapter 6.95 relating to hazardous materials management.
City of Fullerton Fire Department Operations/Training Division As authorized by FMC Chapter 5.25, the Fire Chief is responsible for cleanup or abatement effects of unlawful hazardous material releases. The Operations/Training Division provides emergency response for control and abatement of hazardous materials. Additi onally, the fire department is delegated the CUPA responsibilities for the City.
City of Fullerton Local Hazard Mitigation Plan, Chapter 3 – Hazards Assessment Hazardous Materials
Chapter 3 of the Local Hazard Mitigation Plan (LHMP) includes an evaluation of various hazards to the City, including the potential for hazardous material releases, and the City’s location on top of “a large groundwater aquifer that has experienced contamination from volatile organic compounds, historically used by manufacturing industries in
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-32
the 1950s, 60s, and 70s” (City of Fullerton 2020). The LHMP evaluated releases due to oil and gas operations and other hazardous materials (manufacturing, distributing, and other industrial activities involving the use of hazardous chemicals). Proposed mitigation actions 8.1 and 8.2 were included in the LHMP to reduce potential hazards associated with hazardous material releases. These actions include promoting proper disposal of hazardous materials at regional collection centers and developing a tracking s ystem for hazardous material use and storage, prioritized by potential threat to surrounding areas.
Airports
Under the LHMP, City of Fullerton evaluated the potential for aircraft incidents due to the presence of the Fullerton Municipal Airport. The airport is subject to the Airport Environs Land Use Plan (AELUP), which has placed restrictions on new uses and saf ety zones around the airport. The AELUP is discussed later in this section.
Mitigative actions proposed as part of the LHMP do not directly affect airports, as airport safety procedures are discussed in the AELUP.
Wildfires
Wildfire risks within the City were evaluated based on past fires and the CAL FIRE fire hazard severity zones (see Section 4.3.1.6, Fire Hazards and Emergency Response). Mitigation actions 5.1 through 5.11 were proposed as part of the LHMP to reduce potent ial hazards associated with wildfires. These includes actions such as weed abatement, improved fire response equipment, preparation of a community wildfire preparedness plan, creation of a rapid response team, and continued community awareness programs.
Emergency Response
The LHMP outlines the City’s capabilities for emergency response and goals toward improving emergency response throughout the City. City’s capabilities are outlined in building codes, capital improvement plans, community development plans, community emergency response teams, and personnel throughout the City (fire department, human resources, landscape maintenance, and parks and recreation).
Methane
Orange County Fire Authority, Community Risk Reduction Guideline C -03: Combustible Soil Gas Hazard Mitigation
OCFA has provided guidance for investigation, remediation, and/or mitigation of potentially hazardous concentrations of combustible soil gases associated with construction and occupancy of a structure located within a specified methane risk area.
Airports
Airport Environs Land Use Plan (AELUP)
The purpose of the AELUP for Fullerton Municipal Airport is to provide safety measures for current and future land uses around the airport. The land use plan designates safety zones, noise zones, and notification zones for construction around the airport. The AELUP is written and enforced by the Airport Land Use Commission, who are authorized under Public Utilities Code Section 21674 to assist in local planning to ensure compatible uses near the
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-33
airport, coordinate with state and local planning to protect public health and safety while allowing orderly development of the airport, and adopt rules and regulations consistent with the State Aeronautics Act (OC ALUC 2019).
City of Fullerton Municipal Code Chapter 18.03, Use and Operation of the Airport Fullerton Municipal Code ( FMC) Chapter 18.03 outlines use and operation of the Fullerton Municipal Airport.
Provisions include aircraft operations, accident and incident procedures, rules of conduct, tenant obligations, commercial operations, and enforcement capabilities of the City.
Wildfire and Emergency Response
Orange County Codified Ordinance, Title 3, Division 1 – Emergency Services An emergency management council and emergency management manager are responsible for ensuring development of the Orange County Emergency Plan, which provides effective mobilization of resources in the county, both public and private, to meet conditions constituting a local or state emergency.
City of Fullerton Municipal Code Chapters 13.18 through 13.20 – Fire Prevention FMC Chapter 13.18 outlines rules and requirements for weed and rubbish abatement in order to reduce wildfire potential and general nuisance. 13.18 requires removal of determined nuisance weeds and rubbish upon notice from the City.
FMC Chapter 13.19 establishes fire prevention standards for the City. The chapter outlines fire severity zones, compliance requirements, protection areas, and defines nuisances.
FMC Chapter 13.20 outlines the City’s adoption of the 2019 California Fire Code with local amendments for the City.
City of Fullerton Emergency Operations Plan
As noted in the General Plan EIR (Fullerton Plan) (City of Fullerton 2012), the City adopted an Emergency Operations Plan (EOP) in March 2004. As described in the 2012 EIR, the EOP concentrations on the management of large-scale disasters, as well as response procedures. Additionally, City of Fullerton adopted the Standardized Emergency Management System (SEMS) concept under SB 1841 in November 1995.
4.3.3 Thresholds of Significance
The significance criteria used to evaluate the project impacts related to hazards and hazardous materials are based on Appendix G of the CEQA Guidelines. According to Appendix G of the CEQA Guidelines, a significant impact related to hazards and hazardous material would occur if the project would:
1. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.
2. 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.
3. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-34
4. 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 result, would i t create a significant hazard to the public or the environment.
5. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area.
6. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.
7. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires.
Based on the results of the Initial Study (Appendix A), the Program would result in less than significant impacts related to the routine transport, use, or disposal of hazardous materials; interfering with an adopted emergency response or evacuation plan; and exposing people and structures to significant loss, injury or death involving wildfires. As such, the following thresholds are evaluated within this section for the Program:
HAZ-1. Would the Program 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?
HAZ-2. Would the Program emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? HAZ-3. Would the Program 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 result, would it create a significant hazard to the public or the environment?
HAZ-4. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Program result in a safety hazard or excessive noise for people residing or working in the Program area?
4.3.4 Impacts Analysis
HAZ-1. Would the Program 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? Findings of 2012 EIR
As discussed in the City’s General Plan EIR (City of Fullerton 2012), short -term construction -related activities associated with future development could create a significant hazard to the public or environment through accident conditions involving the release of hazardous materials . This hazard was based on the following potential impacts:
▪ Demolition of existing structures could release hazardous building materials, such as asbestos and lead-based paints.
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-35
▪ Contaminated soils and groundwater could be disturbed during construction, exposing workers and employees to hazardous materials.
▪ Aerially deposited lead (ADL) may be encountered within the rights -of-way of State Route 91 and State Route 57.
Long-term operation activities associated with future development could create a significant hazard to the public or environment through accident conditions involving the release of hazardous materials. This hazard was based on the following potential impacts:
▪ The potential for leaking USTs at businesses that store hazardous materials or wastes in USTs. ▪ Offsite transport of hazardous materials.
▪ Storage and handling of hazardous materials and wastes at industrial facilities.
The 2012 EIR resolved these impacts through mitigation, which are included in this PEIR as conditions of approval (COA) COA -HAZ-1 through COA -HAZ-4 (see Section 4.3.5, Conditions of Approval and Mitigation Measures). Additionally, proposed policy P23.2 was prepared for inclusion in the General Plan: Support projects, programs, policies and regulations to promote safe handling and disposal by households, businesses, and City operations of solid waste which has specific disposal requirements.
HIOZ Analysis
Hazardous Building Materials
Future development within the Program Planning Area would likely result in demolition of existing structures. Typically, structures that were constructed prior to 1980 are likely to contain hazardous building materials, such as lead -based paints (LBP), asb estos-containing materials (ACM), and polychlorinated biphenyls (PCBs). COA-HAZ-3 requires a survey for ACM and LBP by a “Certified Environmental Professional” prior to demolition or renovation activities, and, if ACM or LBP are found, these materials shall be removed and disposed of at an appropriate permitted facility. In addition to ACM and LBP, other hazardous materials may be present in buildings proposed for demolition. For example, commercial and industrial sites within the Program Planning Area that currently handle reportable quantities of hazardous materials or wastes are shown on Figure 4.3-3. These sites do not necessarily have documented releases, but redevelopment could encounter hazardous materials or wastes. As such, the preliminary survey proposed in COA-HAZ-3 should include all potential hazardous materials, including hazardous building materials (PCBs, mercury), universal wastes, and other “leftover” materials from former industrial activities (drums, tanks, product pipelines, etc.). MM-HAZ-1 adds to the requirements of COA-HAZ-3 to include other hazardous materials in addition to ACM and LBP and clarifies the requirements for professional certifications.
In addition to compliance with COA -HAZ-3 and MM-HAZ-1, assessment of asbestos and lead -based paint and abatement, if necessary, is required under local regulations, specifically federal OSHA, Cal/OSHA, California Department of Public Health, and SCAQMD Rule 1403. Certain universal wastes (batteries, lamps and light ballasts, and mercury-containing equipment) are required to be managed and disposed of under California Code of Regulations Title 22, Section 66273.33 and Title 40 CFR. Hazardous wastes in major appliances, including PCBs, refrigerants, oils, and circuit boards, must be removed before major appliances are recycled or disposed of in accordance with California Health and Safety Code Section 25212. Lastly, PCBs in building materials are regulated under the Toxic Substances Control Act. Adherence to these rules
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-36
prior to and during demolition of existing buildings and structures would ensure proper handling and disposal of hazardous building materials and appliances.
Adherence to applicable laws, rules, and regulations, as well as COA -HAZ-3 and MM -HAZ-1, would limit reasonably foreseeable accident or incident conditions related to hazardous building materials , resulting in a less than significant impact.
Oil Wells and Pipelines
As discussed in Section 4.3.1.3 and shown on Figure 4.3-4, there are multiple oil and gas features within the City of Fullerton which are on or near the Program Planning Area. As shown on Figure 4.3-5, there are also parcels within the Program Planning Area that overlap methane mitigation zones designated under OCFA Combustible Soil Gas Hazard Mitigation Guideline C-03. Construction of a property on an oil/gas well or on a hazardous material pipeline could result in damage to the well or pipeline, or could require removal of components of the well, resulting in potential accidental releases of hazardous materials. Construction and occupancy within methane zones could result in release of combustible soil gases, also creating an accidental release of hazardous materials.
OCFA’s combustible soil gas mitigation guidelines (OCFA 2017) establishes building restriction zones to limit construction within methane zones. If building is to occur within restricted areas, the guidelines require protective measures to be implemented, including preparation of a methane workplan, methane investigations on the property, and review by both OCFA and a Registered Professional Engine er. Future development within the Program Planning Area would undergo permitting by ministerial action, includi ng permits for demolition and construction. Building plans submitted during the permitting process must be reviewed and approved by OCFA, and approvals would include methane controls in accordance with the soil gas mitigation guidelines.
CalGEM has the authority under California Public Resources Code (PRC) Section 3208.1 to require re - abandonment of a well where there is reason to question the integrity of the previous abandonment. As such, CalGEM advises against building over, or in any way impeding access to oil, gas, or geothermal wells.
CalGEM also advises all wells identified within a parcel to be tested for liquid or gas leakage prior to or during development. Surveys of the well would be submitted to CalGEM for review, and any identified leaks should be reported to CalGEM.
With regard to hazardous material pipelines, u nder California Government Code Section 51014.6 (see Section 4.3.2), buildings and associated structures (fences, walls, other obstructions) cannot be constructed on pipeline easements. The State Fire Marshal also has authority to limit construction that encroaches on pipeline easements. Any future project that requires excavation or earthmoving activities is required to do so in compliance with California Government Code 4216. Under this regulation, a contractor must contact DigAlert (also known as Underground Service Alert [USA] or 811) at least two days prior to initiating any excavations. The DigAlert notification would prompt all underground utility operators (i.e., gas, electric, water, telecommunication) t o physically mark the location of their utilities to avoid disrupting and/or damaging the utilities during construction. As part of this process, hazardous material pipelines would be identified on the ground surface with markers such as flags, paint, and stakes. Additionally, if the
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-37
excavation is proposed within 10 feet of a high priority utility 3, California Government Code Section 4216.2(c) requires the owner/operator of a high priority utility to notify the excavator of the existence of the high priority line and set up an onsite meeting to determine actions or activities required. If the utilit y owner does not contact the excavator, the excavator will reach out to contact the utility owner.
While permitting and regulatory requirements require protections from potential hazards associate d with construction on or near oil and gas wells or fields, survey for and identification of these features would be required under MM-HAZ-2. Once identified, the appropriate protective measures would be implemented in accordance with state and local laws and regulations. Adherence to applicable laws, rules, and regulations, as well as MM-HAZ-2, would limit reasonably foreseeable accident or incident conditions related to oil and gas features, resulting in a less than significant impact.
Soil , Groundwater , and Soil Vapor Contaminatio n
Sites with known hazardous material releases, as reported to state or local environmental regulatory agencies, are discussed in Section 4.3.1.2 and shown on Figures 4.3-1 and 4.3-2.
The sites shown on Figures 4.3 -1 and 4.3-2 and summarized in respective Tables 4.3 -1 and 4.3 -2 have documented releases of hazardous materials or petroleum products. While some of these sites have received regulatory closure, there are different cleanup standards and screening levels for commercial, industrial, and residential development. Depending on the date of closure there is also a possibility that cleanup requirements have changed since closure, and the site no longer meets requirements for redevelopment. As such, cleanup requirements met during remediation of these sites may not be adequate for future residential development. Construction and development may result in accidental release of hazardous materials; construction workers and the general public could be exposed to hazardous materials during construction, while future occupants could be exposed to hazardous materials du ring future occupancy (such as soil vapor intrusion into buildings).
In addition to known release sites, sites within the Program Planning Area that currently handle hazardous materials and wastes are shown on Figure 4.3-3 and are summarized in Table 4.3-3. While these sites do not have documented releases of hazardous materials, redevelopment could encounter hazardous materials left over from operations, or the sites may have undocumented or unknown releases.
COA-HAZ-1 requires a Phase I Environmental Site Assessment (ESA) to be prepared prior to issuance of a grading permit for “properties considered by the City to involve the potential for site contamination.” When prepared in accordance with ASTM E1527-21 (or the standard applicable at the time of the assessment), the Phase I ESA would likely identify documented contamination, or would identify the potential for contamination based on commercial or industrial impacts. COA -HAZ-2 requires removal of all materia ls from a proposed project site prior to grading and excavation activities and a visual inspection of the ground surface for evidence of stained soils. COA -HAZ-2 requires sampling of visually impacted soils, and remediation or removal of soils found to con tain contamination above applicable regulatory screening levels. COA-HAZ-2 also allows “other measures as deemed appropriate by the City of Fullerton or Fullerton Fire Department.” In addition to COA-HAZ-1 and COA-HAZ-2, MM-HAZ-3 requires investigatory actions, such
3 “high priority subsurface installation” is defined in Section 4216(j) as high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig), petroleum pipelines, pressurized sewage pipelines, high -voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-38
as a Phase II ESA, to be taken in the event the Phase I ESA (required by COA-HAZ-1) identifies a Recognized Environmental Condition (REC), Controlled REC (CREC), or Vapor Encroachment Condition (VEC). MM-HAZ- 4 provides details for required response procedures if contamination is found above regulatory screening levels, or if the proposed development site is found to be on or impacted by a nearby listed contaminated site. If soil, groundwater, or soil vapor impacts are found above applicable regulatory screening levels, or if the site is under regulatory oversight for investigation and/or cleanup, they would be held to the requirements listed in COA-HAZ-2 and MM-HAZ-4.
Sites under regulatory cleanup (either closed or open) would be held to regulatory standards and requirements issued by the overseeing agency. In addition, MM-HAZ-4 and MM-HAZ-5 require review of and compliance with regulatory documents related to the closure or ongoing remediation of a listed site.
This is further discussed under Threshold HAZ-3.
With the investigation and remediation procedures outlined in COA-HAZ-1, COA-HAZ-2, MM-HAZ-3, and MM- HAZ-4, soil, soil vapor, and/or groundwater contamination would be identified prior to future development of a site within the Program Planning Area and remediated or mitigated to the satisfaction of the City of Fullerton, the overseeing environmental regulatory agency (if any), and would meet applicable laws and regulations. Listed sites under the oversight of a regulatory agency (both open and closed) woul d be reviewed and protective requirements met under MM-HAZ-4 and MM-HAZ-5. With these mitigation measures, impacts to construction workers and future occupants would be less than significant.
Highway Hazards
As discussed in the General Plan and in Section 4.3.1.8, ADL may be encountered in soils within the state rights-of-way along highway routes. In some instances, ADL has also been identified directly adjoining state rights-of-way where properties are either directly adjoining or beneath a highway or overpass. COA -HAZ-4 requires soils within state rights-of-way to be evaluated for lead in soils. Additionally, as there are parcels within the Pro ject Planning Area that adjoin major highways (57, 90, and 91), th ese sites would require additional evaluation for potential leads in soils. The Phase I ESA required under COA -HAZ-1 and Phase II ESA required under MM-HAZ-3 would include, under special considerations, a requirement to evaluate for ADL if the proposed dev elopment site adjoins a highway or is beneath or adjoining an overpass. This consideration for ADL has been included in MM-HAZ-3.
As discussed in the General Plan EIR, accidental releases of petroleum products and hazardous materials may occur in or near commercial/industrial areas along transport routes. The proposed Program would ultimately result in an increase of residential development within these commercial areas, including those near transportation routes. While an increase in residential development in these areas could result in an increased risk due to hazardous material releases from highways, as discussed in the General P lan EIR, the City has implemented street setbacks to minimize direct damage which could occur from transportation- related spills, and strict regulations are in place by US DOT and Caltrans for safe transportation of hazardous materials (City of Fullerton 2012).
Future development and ongoing transportation would be subject to compliance with federal, state, and local rules and regulations regarding the transportation of hazardous materials, and impacts to potentially lead-contaminated soils would be identified, investigated, and protective measures would be implemented under COA-HAZ-4 and MM -HAZ-3. With these protective measures in place and adherence to rules and regulations, impacts would be less than significant.
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-39
Summary
As such, the Program does have the potential to 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. However, protective measures would be required such that impacts would be less than significant with mitigation.
HAZ-2. Would the Program emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Findings of 2012 EIR
As discussed in the City’s General Plan EIR (City of Fullerton 2012), future development within the City would not emit or handle hazardous emissions within one-quarter mile of an existing school. No mitigation was required.
HIOZ Analysis
Figure 4.3-6 shows schools located within 0.25 miles of the Project Planning Area. Future development projects that would be implemented in accordance with the HIOZ are anticipated to result in the redevelopment of existing land uses, including industrial land uses. Implementation of the proposed Program may temporarily increase the regional transport, use, storage, and disposal of hazardous materials and petroleum products associated with any demolition and construction activities. This transport, use, and storage could occur within 0.25 mile of an existing school as shown on Figure 4.3 -6. As discussed in Threshold HAZ-1 above, construction activities are subject to legal regulations that address the potential for impacts from the routine transport, use, storage, and disposal of potentially hazardous materials. As outlined in COA -HAZ-1, COA -HAZ-2, and MM-HAZ-3 through MM-HAZ-5, contaminated sites would be identified and hazardous material impacts removed or protections would be placed before construction and occupancy, further removing potential impacts due to hazardous materials near schools.
The proposed Program would implement a land use change to replace existing industrial and commercial activities with residential housing. Parcel applicability within the proposed Program, as outlined in Section
3.5.1, Methodology, encouraged residential development within 0.25 miles of schools, colleges, and universities. As a result, exposure to hazardous emissions, hazardous materials, substances, or waste from industrial activities would likely decrease, including industrial activities located within 0.25 mile of schools.
New construction would be residential, and hazardous material usage following construction would be minimal. Thus, the proposed Project would not result in land uses that would emit hazardous emissions or handle hazardous or acutely hazardous materials, substance, or waste within one-quarter mile of existing or proposed schools, and impacts would be less than significant with mitigation.
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-40
HAZ-3. Would the Program be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Findings of 2012 EIR
As discussed in the City’s General Plan EIR (City of Fullerton 2012), future development within the City could be located on a hazardous materials site creating a significant hazard to the public or the environment. The 2012 EIR resolved these impacts through mitigation, which are included in this PEIR as conditions of approval (COA) COA-HAZ-1 through COA-HAZ-4 (see Section 4.3.5, Mitigation Measures).
HIOZ Analysis
As discussed in Section 4.3.1.2, Figure 4.3-1 and Table 4.3-1 list currently listed (as of January 2024) Cortese List sites on or within 500 feet of a Proposed Planning Area. This list includes active and completed cleanups, all of which are under oversigh t by an environmental regulatory agency. While some cleanups have been completed, as discussed under Threshold HAZ-1 above, there are different cleanup standards and screening levels for commercial, industrial, and residential development, and cleanup requirements may have changed since closure. As such, cleanup requirements met during remediation of these sites may not be adequate for future residential development. Potential future development of these sites and the closed sites with residual contamination could cause an upset or accident condition where hazardous materials are released to the environment. The contamination at these sites could also significantly affect future site occupants via vapor intrusion or other mechanisms in the absence of remediation or protection measures.
With regard to sites that have received regulatory closure, investigation and remediation requirements outlined in COA -HAZ-1, COA -HAZ-2, MM -HAZ-3, and MM -HAZ-4 would identify potential contamination, investigate and evaluate the type and level of contamina tion, and determine if levels of contamination would result in exposure to construction workers or future occupants above applicable human health screening levels. COA-HAZ-2 and MM-HAZ-4 require actions be taken to remediate or mitigate any identified hazards prior to issuance of demolition and construction permits. In addition, regulatory closures of contaminated sites often include environmental or land use restrictions. For example, if a leaking underground storage tank site received low-risk closure, the closure letter may require additional regulatory review before the land use is changed from commercial to a more restrictive land use (such as residential).
Other land use restrictions may not allow residential development. These land use restrictions, as imposed in the regulatory closure letters, would be further protective of future construction workers and occupants, as they may restrict future development. Prior to future development within the Program Planning Area, MM-HAZ-5 requires review of and adherence to requirements and recommendations set forth in closure documents associated with past cleanups on the applicable parcel(s).
With regard to open Cortese List sites , as discussed in Threshold HAZ-1 above, open investigations and cleanups, including sites listed on the Cortese List databases, would be identified during the Phase I ESA required by COA -HAZ-1. MM -HAZ-4 requires the site to meet applicable standards for residential development and be reviewed and approved by the overseeing regulatory agency prior to approval for development by the City. The overseeing regulatory agency may require additional remediation or protective measures or may not allow residential development due to risk to construction workers or future occupants.
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-41
With strict adherence to federal, state, and local regulations, restrictions placed by environmental regulatory agencies, and mitigation as outlined in COA -HAZ-1, COA -HAZ-2, MM -HAZ-3, and MM -HAZ-4, impacts related to implementation of the proposed Program on Cortese List sites would be reduced to a less than significant level with mitigation.
HAZ-4. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Program result in a safety hazard or excessive noise for people residing or working in the project area?
Findings of 2012 EIR
As discussed in the City’s General Plan EIR (City of Fullerton 2012), future development in the City could result in airport-related safety hazards for people residing or working in the project area. Additional policies were proposed for inclusion into the General Plan, including P12.8, P12.11, P13.3, P13.4, and P13.5 ▪ P12.8: Support policies, projects, programs, and regulations that provide for safe and efficient airport operations through compliance with the Fullerton Municipal Airport (FMA) Master Plan and the Airport Land Use Commission for Orange County’s Airport Environs Land Use Plan for FMA and the Airport Environs Land Use Plan for Heliports
▪ P12.11: Support projects, programs, policies and regulations to proactively address public safety concerns as part of community-based planning of Focus Areas. ▪ P13.3: Support policies, projects, programs and regulations that reduce structural and nonstructural hazards to life safety, minimize property damage and resulting social, cultural and economic dislocations resulting from future disasters.
▪ P13.4: Support programs that promote greater public awareness of disaster risks, personal and business risk reduction, and personal and neighborhood emergency response. ▪ P13.5: Support policies, programs and regulations that ensure the City, its residents, businesses, and services are prepared for effective response and recovery in the event of emergencies or disasters, including the provision of information about the current nature and extent of local safety hazards and emergency plans, including evacuation plans and procedures to accommodate special needs populations (information should be provided in multiple languages to maximize understanding by community members).
With inclusion of these new policies and compliance with the AELUP, it was determined no mitigation was available, resulting in a significant and unavoidable impact (City of Fullerton 2012).
HIOZ Analysis
Portions of the Program Planning Area are located within both the 60 CNEL and FAR Part 77 Notification Zone (see Figure 4.3-7 and Section 4.3.1.5). The AELUP does not require special noise or safety protections for land uses within the 60 CNEL, and as such no additional measures would be required for redevelopment within this zone. Parcels within the Program Planning Area do not fall within elevated safety zones or high noise zones. FAR Part 77 requires notification for construction within the FAR Part 77 Notification Zone (see Section 4.3.2). During the notification process, the FAA and local airport commission would review proposed construction and verify it does not impede with airport safety or communications. As such, with adherence to federal regulations and established land use plans, the proposed Program would have a less than significant impact related to safety and noise for people residing and working in the Program Planning Area.
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-42
4.3.5 Conditions of Approval and Mitigation Measures
Standard Conditions of Approval
The following mitigation measures are from the City’s General Plan Program EIR and will be implemented as COAs for the proposed Program.
COA-HAZ-1 Prior to issuance of a Grading Permit for properties considered by the City to involve the potential for site contamination, a Phase I Environmental Site Assessment shall be prepared in accordance with ASTM Standards and Standards and Practices for AAI, in order to investigate the potential existence of site contamination. Any site specific uses shall be analyzed according to the Phase I Environmental Site Assessment (i.e., auto service stations, agricultural lands, etc.). The Phase I Environmental Site Assessment shall identify Specific Recognized Environmental Conditions (RECs) (i.e., asbestos containing materials, lead-based paints, polychlorinated biphenyls, etc.), which may require remedial activities prior to construction.
COA-HAZ-2 Prior to potential remedial excavation and grading activities, impacted areas shall be cleared of all maintenance equipment and materials (e.g., solvents, grease, waste -oil), construction materials, miscellaneous stockpiled debris (e.g., scrap metal, pallets, storage bins, construction parts), above ground storage tanks, surface trash, piping, excess vegetation and other deleterious materials.
These materials shall be removed off-site and properly disposed of at an approved disposal facility.
Once removed, a visual inspection of the areas beneath the removed materials shall be performed.
Any stained soils observed underneath the removed materials shall be sampled. In the event concentrations of materials are detected above regulatory cleanup levels during demolition or construction activities, the project Applicant shall comply with the following measures in accordance with Federal, State, and local requirements:
▪ Excavation and disposal at a permitted, off-site facility; ▪ On-site remediation, if necessary; or
▪ Other measures as deemed appropriate by the City of Fullerton Fire Department.
COA-HAZ-3 Prior to structural demolition/renovation activities, should these activities occur, a Certified Environmental Professional shall confirm the presence or absence of ACM’s and LBPs. Should ACMs or LBPs be present, demolition materials containing ACMs and/or LBPs shall be removed and disposed of at an appropriate permitted facility.
COA-HAZ-4 Areas of exposed soils within Caltrans right -of-way that would be disturbed during excavation/grading activities shall be sampled and tested for lead prior to ground disturbance activities on a project -by-project basis, so that any special handling, treatm ent, or disposal provisions associated with aerially deposited lead may be included in construction documents (if aerially deposited lead is present).
The following mitigation measures are proposed to be implemented as part of the proposed Program.
MM-HAZ-1 Hazardous Materials Survey. Demolition plans and contract specifications submitted to the City for approval shall incorporate survey and abatement procedures for the identification and removal of
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-43
materials containing asbestos, lead, polychlorinated biphenyls, hazardous material, hazardous wastes, and universal waste items, including decommissioning and removal of aboveground and underground storage tanks and drums. All survey and abatement work shall be done in accordance with federal, state, and local regulations, including those of the U.S. Environmental Protection Agency (which regulates disposal), Occupational Safety and Health Administration , U .S. Department of Housing and Urban Development, California Occupational Safety and Health Administration (which regulates employee exposure), and the South Coast Air Quality Management District. Surveys will be conducted by an environmental professional certified by California Department of Public Health [lead-based paint] and/or Contractors State License Board [asbestos], and abatement shall be completed by a California -Certified or Licensed Contractor prior to demolition or renovation activities. Transportation of hazardous wastes must also be completed by a licensed transportation company in accordance with federal, state, and local regulations , and disposal will be completed at a permitted facility.
MM-HAZ-2 Survey for Oil and Gas Features. Prior to approval of residential redevelopment for a site within the Program Planning Area (e.g. issuance of permits) , a survey will be completed to confirm the presence or absence of oil and gas wells, pipelines, or oil/gas field administrative boundaries on the proposed development site. The survey will also evaluate the proposed development site’s proximity to methane zones as outlined in the OCFA Combustible Soil Gas Hazard Mitigation Guideline C -03. The survey will include review of publicly available documents and databases, aboveground visual inspections, and subsurface surveys (such as g round-penetrating radar or other means of subsurface locates). The survey(s) will be completed by a professional company with experience in these types of surveys. Proof of survey completion will be submitted to City of Fullerton as part of the application package.
MM-HAZ-3 Investigation of RECs, CRECs, and VECs . Following completion of a Phase I ESA and prior to approval of residential redevelopment for a site within the Program Planning Area (e.g. issuance of permits), any RECs, CRECs, or VECs identified in the Phase I ESA will be investigated by completion of a Phase II ESA under the requirements of ASTM E1903-19 (or the current applicable standard).
The Phase II ESA will evaluate the presence of contaminants of concern related to RECs , CRECs, and/or VECs found in the Phase I ESA and will include a screening level risk evaluation to determine human health risks are present (i.e. if concentrations exceed current regulatory screening levels applicable at the time of the project (DTSC Screening Levels or RWQCB ESLs)). The investigation shall include consideration of aerially deposited lead (ADL) adjoining state highways and overpasses. The findings of the Phase II ESA and recommendations will be provided to the City for review prior to approval of residential development.
MM-HAZ-4 Actions for Contaminated Sites . If human health risks are identified (e.g. concentrations of contaminants of concern are above applicable regulatory screening levels) during a Phase I ESA or Phase II ESA that would indicate a risk to residential occupancy or would expose construction workers to contaminants of concern above appliable screening levels, the impacts must be remediated or protections must be in place such that future risk to construction workers, adjacent sensitive receptors, future occupants, or future land uses on site are below current risk -based criteria (e.g. applicable regulatory screening levels). Written proof of remediation and/or protective measures would be submitted to the City prior to approval for residential redevelopment (e.g. issuance of permits).
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-44
If the subject site is determined to be located on or impacted by an open cleanup site that is undergoing active remediation and environmental monitoring, the City shall require written confirmation from the overseeing environmental agency to ensure the existing environmental contamination will not significantly impact the health and safety of construction workers, adjacent sensitive receptors, future occupants, or f uture land uses on the site, and that protections or remediation completed are adequate to ensure future activities and land uses will not be subject to a health risk at the site.
MM-HAZ-5 Conditions of Closure. Prior to approval of residential redevelopment for a site within the Program Planning Area (e.g. issuance of permits), if the proposed development site is located on a site that has received regulatory environmental cleanup, review, or assessment and has received regulatory closure by the overseeing environmental agency (federal, state, or local), the closure documents shall be reviewed and conditions or limitations, if any, shall be met. If conditions indicate a risk or limitations to future residential development, requirements from the regulatory agency will be implemented and proof of implementation will be provided to the City prior to approval for redevelopment (e.g. issuance of permits).
4.3.6 Significance Conclusion
Threshold HAZ-1. Construction activities related to redevelopment of a parcel within the Program Planning Area could result in accidental releases of hazardous materials, creating a significant hazard to the public and/or the environment. Releases may be due to contaminated soil, groundwater, and/or soil vapor; the presence of oil and gas features; historical commercial or industrial uses of the proposed parcel; the presence of hazardous building materials in existing structures; and/or ADL from nearby highways. Future residential use could also expose future occupants to hazardous materials. COA-HAZ-1 through COA -HAZ-4 require completion of a Phase I ESA for all properties proposed for redevelopment; evaluation for physical impacts to the proposed site; and evaluation for ACM and LBP. In addition, MM-HAZ-1 through MM-HAZ-5 require additional protective measures, including further evaluation for all hazardous building materials (in addition to ACM and LBP); Phase II investigatory actions based on the findings of the Phase I ESA (including consideration of ADL); and remedial and/or protective actions based on levels of contamination , hazardous material-related contamination identified on the proposed property , and regulatory requirements on cleanup sites with regulatory oversight . With the protections proposed under the conditions of approval and mitigation measures, as well as adherence to federal, state, and local rules and regulations, impacts would be less than significant with mitigation incorporated.
Threshold HAZ -2. Similar to the discussion above, construction an occupation of parcels within the Pro gram Planning Area could result in release of hazardous materials within one-quarter mile of an existing or proposed school (fugitive dusts during construction; transport of hazardous materials during construction). Protections in place to mitigate the risk of accidental release of hazardous materials would also reduce the potential for emissions during construction. COA -HAZ-1, COA -HAZ-2, MM -HAZ-3, MM-HAZ-4, and MM -HAZ-5 would result in identification of contaminated sites and removal of or protections against hazardous material impacts before construction and occupancy, further removing potential impacts due to hazardous materials near schools. With the protections proposed under the conditions of approval and mitigation measures, as well as adherence to federal, state, and local rules and regulations, impacts would be less than significant with mitigation incorporated.
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-45
Threshold HAZ-3. Multiple Cortese List sites are located on or within proximity of proposed parcels within the Program Planning Area. Construction and occupation of these parcels could result in a significant hazard to the public or environment due to release of contaminat ed media (soil, soil vapor, groundwater) and exposure of future occupants to contamination. COA -HAZ-1, MM-HAZ-3, and MM -HAZ-4 discussed above would require investigation and evaluation of potential hazardous materials and petroleum products under Phase I E SA and Phase II ESA procedures and requires the City to get input from the overseeing environmental regulatory agency regarding remediation and/or protective measures required to allow residential development and occupancy .
MM-HAZ-5 requires conditions of closure of previously regulated contaminated sites (i.e. those that have received regulatory closure) to be me t. These conditions of approval and mitigation measures, along with adherence to federal, state, and local regulations, would reduce impacts to a less than significant level with mitigation incorporated .
Threshold HAZ-4. Implementation of the proposed Program would have a less-than-significant impact related to a airport safety hazard or excessive noise for people residing or working in the Planning Area. During the notification process, the FAA and local airport commission would review proposed construction and verify it does not impede with airport safety or communications. As such, future development projects would adhere to federal regulations and established land use plans.
4.3.7 Cumulative Effects
Where a lead agency concludes that the cumulative effects of a project, taken together with the impacts of other closely related past, present, and reasonably foreseeable future projects are significant, the lead agency then must determine whether the project’s incremental contribution to such significant cumulative impact is “cumulatively considerable” (and thus significant in and of itself). The cumulative study area used to assess potential cumulative impacts related to hazards and hazardous materials includes the Program Planning Area and surrounding City of Fullerton.
Impacts related to upset and accident conditions, as well as being located on a site which is included on a list of hazardous materials compiled pursuant to Government Code Section 65962.5, are generally site -specific. While several sites within the Program Planning Area may have subsurface hazardous materials conditions, implementation of conditions of approval COA -HAZ-1 through COA -HAZ-4 and mitigation measures MM -HAZ-1 through MM -HAZ-5 would reduce these hazardous materials impacts to a level that is les s than significant.
Therefore, the program’s impact would be less than cumulatively considerable.
Hazardous emissions sites within the Program Planning Area and at other projects outside of the Program Planning Area would each be required to comply with existing regulations. As the same governing body oversees all emissions sites both within and outside of the Program Planning Area, cumulative impacts are considered in the rule-making by the agencies. Compliance with existing regulations reduces impacts to a level that is less than significant, resulting in impacts that are less than cumulatively considerable.
Impacts related to airports are less than significant and are therefore not cumulatively considerable.
4.3.8 References Cited
CAL FIRE (California Department of Forestry and Fire Protection). 2007. Draft City of Fullerton Very High Fire Hazard Severity Zones in LRA, as Recommended by CAL FIRE. 2007.
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-46
CAL FIRE. 2015. Office of the State Fire Marshal, Pipeline Safety Division Information Sheet. October 2015.
CalGEM (California Geologic Energy Management Division). 2024. Well Finder database. Accessed January 3, 2024. https://www.conservation.ca.gov/calgem/Pages/WellFinder.aspx Caltrans (Calfornia Department of Transportation). 2024. Aerially Deposited Lead (ADL) [website]. Accessed January 19, 2024. https://dot.ca.gov/programs/environmental-analysis/hazardous-waste/contaminants- waste/aerially-deposited-lead
City of Fullerton. 2012. Final Program EIR for The Fullerton Plan and Technical Appendices. May 2012. https://www.cityoffullerton.com/government/departments/community-and-economic-development/ planning-zoning/general-plan/final-program-eir/-folder-229 City of Fullerton. 2020. Local Hazard Mitigation Plan. May 21, 2020. https://www.cityoffullerton.com/home/ showpublisheddocument/1079/637436165513070000
DTSC (Department of Toxic Substances Control). 2016. Soil Management Agreement for Aerially Deposited Lead Contaminated Soils. 2016. https://dot.ca.gov/-/media/dot-media/programs/environmental-analysis/ documents/dtsc-ct-adlfinal-063016-a11y.pdf.
FEMA (Federal Emergency Management Agency). 2003. Federal Emergency Response Plan. Interim. 9230.1-PL.
January 2003.
GreenInfo (GreenInfo Network). 2021. California School Campus Database. Last updated 2021. Accessed January 31, 2024
ICC (International Code Council). 2024. ICC Digital Codes [website]. Accessed January 19, 2024. https://codes.iccsafe.org/content/CFC2019P1
OC ALUC (Orange County Airport Land Use Commission). 2019. Airport Environs Land Use Plan for Fullerton Municipal Airport. February 21, 2019.
OCFA (Orange County Fire Authority). 2017. Combustible Soil Gas Hazard Mitigation Guideline C-03.
January 1, 2017.
SFBRWQCB (San Francisco Regional Water Quality Control Board). 2019. Environmental Screening Levels.
June 2019.
SWRCB (State Water Resources Control Board). 2024. GeoTracker database. Accessed January 2, 2024. https://geotracker.waterboards.ca.gov/
USDOT (U.S. Department of Transportation). 2024. National pipeline mapping system database. Accessed January 3, 2024. https://www.npms.phmsa.dot.gov/AboutPublicViewer.aspx
Date: 1/18/2024 - Last saved by: rstrobridge - Path: Z:\Hydro\Projects\12885_Fullerton\MXD\Figure4.3-1.mxd 39 142
57 91
90 5
Cortese List Sites
Fullerton Housing Incentive Overlay Zone PEIR
SOURCE: GeoTracker, EnviroStor, Bing Maps
01 0.5
Miles
Proposed Project Area
Nearby Properties
(500-foot Radius)
LUST Sites on Proposed
Project Area
LUST Sites within 500 feet
of the Proposed Project
Area
State Cleanup Sites on
Proposed Project Area
State Cleanup Sites within
500 feet of the Proposed
Project Area
Solid Waste Disposal Sites
Figure 4.3-1
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-48
INTENTIONALLY LEFT BLANK
Date: 1/18/2024 - Last saved by: rstrobridge - Path: Z:\Hydro\Projects\12885_Fullerton\MXD\Figure4.3-2.mxd 39 142
57 91
90 5
Non-Cortese List Sites
Fullerton Housing Ince ntive Overlay Zone PEIR
SOURCE: GeoTracker, EnviroStor, Bing Maps
01 0.5
Miles
Proposed Project
Nearby Properties
(500-foot Radius)
GeoTracker
Voluntary Cleanup
UST
EnviroStor
Voluntary Cleanup
Evaluation
Figure 4.3-2
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-50
INTENTIONALLY LEFT BLANK
Date: 1/18/2024 - Last saved by: rstrobridge - Path: Z:\Hydro\Projects\12885_Fullerton\MXD\Figure4.3-3.mxd 39 142
57 91
90 5
Hazardous Material Handling Sites
Fullerton Housing Incentive Overlay Zone PEIR
SOURCE: CalEPA, Bing Maps
01 0.5
Miles
Proposed Project Area
Site Description
Chemical Storage Facilities
Chemical Storage Facilities,
Hazardous Waste
Generator
Chemical Storage Facilities,
Hazardous Waste
Generator, Aboveground
Petroleum Storage
Chemical Storage Facilities,
Underground Storage Tank,
Hazardous Waste
Generator
Hazardous Waste
Generator
Industrial Facility Storm
Water
Large Quantity Hazardous
Waste Generator
US EPA Air Emission
Inventory System (EIS)
US EPA Air Emission
Inventory System (EIS),
Chemical Storage Facilities,
Hazardous Waste
Generator
Figure 4.3-3
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-52
INTENTIONALLY LEFT BLANK
Date: 1/18/2024 - Last saved by: rstrobridge - Path: Z:\Hydro\Projects\12885_Fullerton\MXD\Figure4.3-4.mxd 39 142
57 91
90 5
Coyote, East
Coyote,
West (ABD)
Richfield
Buena Park,
East (ABD)
Oil and Gas Features
Fullerton Housing Incentive Overlay Zone PEIR
SOURCE: NPMS, Bing Maps
01 0.5
Miles
Proposed Project Area
Fullerton City Boundary
Oil and Gas Field Boundary
Hazardous Liquid Pipeline
Oil and Gas Wells
Active
Idle
Plugged
Figure 4.3-4
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-54
INTENTIONALLY LEFT BLANK
Date: 1/18/2024 - Last saved by: rstrobridge - Path: Z:\Hydro\Projects\12885_Fullerton\MXD\Figure4.3-5.mxd 39 142
57 91
90 5
Methane Mitigation Zones
Fullerton Housing Incentive Overlay Zone PEIR
SOURCE: CalGEM, Well Finder, NPMS, GeoTracker, Bing Maps 01 0.5
Miles
Proposed Project Area
Within 1,000 feet of Land Disposal Sites
Land Disposal Sites
Well Field with 100-foot Radius
Oil and Gas Wells with 100-foot Radius
Active
Idle
Plugged
Figure 4.3-5
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-56
INTENTIONALLY LEFT BLANK
Date: 1/18/2024 - Last saved by: rstrobridge - Path: Z:\Hydro\Projects\12885_Fullerton\MXD\Figure4.3-6.mxd 39 142
57 91
90 5
Schools within 0.25 mile of the Proposed Project Area
Fullerton Housing Incentive Overlay Zone PEIR
SOURCE: Fullerton County Schools, Bing Maps
01 0.5
Miles
Proposed Project Area
Higher Education
California State University, Fullerton
Hope International University
Fullerton Community College
Primary-Secondary Schools
Elementary
Elementary - Intermediate /Middle/ Junior
High Combination
Intermediate / Middle / Junior High
High School
Figure 4.3-6
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-58
INTENTIONALLY LEFT BLANK
Date: 1/18/2024 - Last saved by: rstrobridge - Path: Z:\Hydro\Projects\12885_Fullerton\MXD\Figure4.3-7.mxd 39 142
57 91
90 5
Airport Hazards
Fullerton Housing Incentive Overlay Zone PEIR
SOURCE: FAA, Bing Maps
01 0.5
Miles
Proposed Project Area
FAA Airport Hazards
60 CNEL
65 CNEL
Accidental Potential Zone II and
Runaway Protection Zone
FAR Part 77 Notification Zone
Figure 4.3-7
CNEL = Community Noise Equivalent Level
FAR = Federal Aviation Regulations
4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-60
INTENTIONALLY LEFT BLANK
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-1
4.4 Hydrology and Water Quality
This section describes the existing hydrology and water quality conditions of Program area and vicinity, identifies associated regulatory requirements, evaluates potential impacts, and identifies mitigation measures related to implementation of the proposed Program.
4.4.1 Existing Conditions
Regional Watershed
The City of Fullerton (City) is located within the Lower San Gabriel River watershed. The San Gabriel River receives drainage from 689 square miles of eastern Los Angeles County and a portion of Orange County with its headwaters originating in the San Gabriel Mountains (RWQCB 2023b). The watershed consists of extensive areas of undisturbed riparian and woodland habitats in its upper reaches. Much of the watershed of the West Fork and East Fork of the river is set aside as a wilderness area; other areas in t he upper watershed are subject to heavy recreational use. The upper watershed also contains a series of flood control dams. Further downstream, towards the middle of the watershed, are large spreading grounds utilized for groundwater recharge. The watershed is hydraulically connected to the Los Angeles River through the Whittier Narrows Reservoir (normally only during high storm flows). The lower part of the river flows through a concrete-lined channel in a heavily urbanized portion of Los Angeles County be fore becoming a soft bottom channel once again near the ocean in the city of Long Beach. Large electrical power poles line the river along the channelized portion; nurseries, small stable areas, and storage facilities are located in these areas.
Coyote Creek is a tributary to San Gabriel River and a subwatershed in Orange County that is under the authority of the Santa Ana Regional Water Quality Control Board. Also referred to as the Lower San Gabriel River/Coyote Creek Watershed, the watershed covers an area of 85.49 square miles located within the northwest corner of Orange County, which includes the Carbon Creek Watershed (Orange County 2018). The watershed includes portions of the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Los Alamitos, Placentia, and Seal Beach. The primary surface water body within the watershed is Coyote Creek, which flows from Los Angeles County to the San Gabriel River. Carbon Creek flows from the foothills to the San Gabriel River and has six retarding basins.
Other creeks and channels include Brea Creek, Moody Creek, Fullerton Creek, and Los Alamitos Channel. Coyote Creek flows just to the west of the City of Fullerton.
Topography
The City is located within the central block of the Los Angeles Basin with a relatively flat or gently sloping southern section, and the northern and western reaches that are dominated by the Coyote Hills, a low-lying mountain range divided into the East Coyote Hills and West Coyote Hills. The land south of West Coyote Hills is known as Sunny Hills where the topography is generally fairly level at an elevation of approximately 200 feet above mean sea level that very gently slopes to the west. Elevation ranges across the City range from approximately 90 to 700 feet above mean sea level.
Climate
Orange County is characterized by a Mediterranean climate, with mild winters and warm summers. Temperatures around the City of Fullerton range from an average low of 46.9°F in December to an average high of 87.1°F in August (WRCC 2023). The average annual rainfall has historically been 14.09 inches, as measured in nearby City of Anaheim, with the majority coming from the period of November through April (WRCC 2023).
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-2
Stormwater Drainage
There are several major watercourses and reservoir facilities that provide flood protection from peak storm runoff generated in watersheds north and east of the City. The most significant of these facilities include Imperial Channel (south of and parallel to Imperial Highway on the north boundary of the City), as well as Brea Creek Reservoir and Brea Creek Channel (extends along the base of the foothills), which are maintained by the U.S. Army Corps of Engineers (USACE) and the Orange County Flood Control District (OC FCD), respectively. Fullerton Reservoir and Fullerton Creek (extend ing from east to west through the center of the City); Houston Storm Channel (southerly boundary of the City); Placentia Storm Channel (extends along the easterly boundary of the City); and Carbon Creek Channel (southeast corner of the City) are all operated and maintained by the OCFCD.
Normal dry-weather storage of Brea Reservoir is about 1 acre-foot, while the flood control capacity of the reservoir is 4,000 acre -feet (Orange County 2018). The drainage area is 21.6 square miles from Brea Creek and its tributaries. Fullerton Dam, also located in the City, was constructed in 1941 for flood control purposes and is owned by the USACE and managed by the County. Normal dry weather storage behind the dam is 1 acre -foot, while the flood control capacity of the Fullerton Reservoir is 1,342 acre-feet with a maximum discharge of 3,640 cubic feet per second (cfs) (Orange County 2018). The drainage area is 5 square miles. Carbon Canyon Dam, located in the City of Brea within the Carbon Creek Watershed provides normal dry weather storage of 1 acre-foot, with a capacity of 7,033 acre-feet.
According to the City’s 2010 Local Hazard Mitigation Plan, all of these regional drainage facilities have insufficient capacity for a 100- year storm. The more recent Local Hazard Mitigation Plan for Orange County also notes that the majority of the countywide system of flood control facilities are inadequate for conveying runoff from major storms.
However, the historical occurrences of very large floods within the County has been relatively infrequent (County of Orange 2021).
The City is a co-permittee in the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit for the County of Orange, Orange County Flood Control District, and the incorporated cities of Orange County within the Santa Ana Regional Water Quality Control Board (RWQCB) jurisdiction.
Surface Water Quality
Stormwater runoff is a significant contributor to local and regional pollution. Urban stormwater runoff is the largest source of unregulated pollution in the waterways of the United States. Federal, state, and regional regulations require the City to control the discharge of pollutants to the storm drain system, including the discharge of pollutants from construction sites and areas of new development.
Under the Clean Water Act Section 303(d), the State of California is required to develop a list of impaired water bodies that do not meet water quality standards and objectives. The U.S. Environmental Protection Agency (EPA) has approved a 303(d) list of water quality impairments for water bodies located downstream of the Program Area.
Once a water body has been listed as impaired on the 303(d) list, a total maximum daily load (TMDL) for the constituent of concern (pollutant) must be developed for that wate r body. A TMDL is an estimate of the daily load of pollutants that a water body may receive from point sources, non -point sources, and natural background conditions (including an appropriate margin of safety), without exceeding its water quality standards. Those facilities and activities that are discharging into the water body, collectively, must not exceed the TMDL. In general, dischargers within each watershed are collectively responsible for meeting the required reductions and other TMDL requirements by the assigned deadline. According to the most recent list of impaired bodies of water, Coyote Creek is listed as impaired with indicator bacteria, iron, malathion, toxicity, and pH (RWQCB 2023a).
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-3
Flood Zones
The Federal Emergency Management Agency (FEMA) has established standards for floodplain mapping as part of the National Flood Insurance Program (NFIP). The NFIP makes flood insurance available to property owners in participating communities adopting FEMA -approved local floodplain studies, maps, and regulations. The City of Fullerton is a participant in the NFIP. The term “100-year flood” is defined by FEMA as the flood elevation that has a one percent chance of being equaled or exceeded each year. A “500-year flood” is one which has a 0.2 percent chance of occurring each year. A 500 -year flood event would be slightly deeper and cover a greater area than a 100-year flood event. FEMA designates flood zones based on flood risk in the area. Land areas that are at high risk, within one percent annual chance of flooding are called Special Flood Hazard Areas, or floodplains. These areas are indicated on Flood Insurance Rate Maps (FIRMs) that are compiled by FEMA. The majority of the City is located outside of the 100-year flood zone, however, there are areas of the City that have been identified as located within 100-year flood areas (City of Fullerton 2012) (Figure 4.4-1, FEMA Flood Zones).
Flooding can also occur due to catastrophic failure of a dam. The City of Fullerton is also subject to potential flooding in the event of dam failure , inadequate spillway capacity , overtopping flows, negligent operation , or failure of upstream dams on the same waterway. There are two dams located within the City of Fullerton and five dams located outside of the City that pose a risk of inundation within the City . Six of these dams have been classified as high hazard dams and one as significant hazard; refer to Table 4.4-1, Dams with Potential Flood Risk to Fullerton. Dams assigned the high hazard potential classification are those where failure or mis -operation would probably cause loss of human life. Dams assigned the significant hazard potential classification are thos e dams where failure or mis -operation results in no probable loss of human life but can cause economic loss, environmental damage, disruption of lifeline facilities, or can impact other concerns. Significant hazard potential classification dams are often located in predominantly rural or agricultural areas but can be located in areas with population and significant infrastructure.
Table 4.4-1. Dams with Potential Flood Risk to Fullerton Dam
Downstream
Hazard Class Stream Type Purpose
Brea High Brea Creek Earthen-rockfill Flood Control
Carbon Canyon High Carbon Canyon Creek Earthen-rockfill Flood Control Fullerton High Fullerton Creek Earthen-rockfill Flood Control Prado High Santa Ana River Earthen-rockfill Flood Control Diemer Reservoir High Offstream Other Water Supply
Orange County
Reservoir
High Tributary Fullerton Creek Earthen-rockfill Water Supply Yorba High Tributary of Santa Ana River Earthen-rockfill Flood Control Source: City of Fullerton 2010
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-4
Groundwater
The Program Area is located in the Coastal Plain of Orange County Groundwater Basin, which is managed by the Orange County Water District (OCWD). The basin is approximately 350 square miles and bounded by the Puente and Chino Hills to the north, the Santa Ana Mountains to the northeast, and the Pacific Ocean to the southwest .
The basin has three aquifer systems that are characterized by depth and are all hydrologically connected, as groundwater is able to flow between them. The Shallow Aquifer system extends approximately 250 feet below the ground surface and is mainly used for agricultural and industrial purposes. The Principal Aquifer system extends from approximately 200 to 1,300 feet below the ground surface and is the source of a majority of the groundwater water supply. The Deep Aq uifer system lies below and is only a minor contributor to the groundwater supply . I According to the California Department of Water Resources (DWR) and the Sustainable Groundwater Management Act (SGMA) basin prioritization evaluation results, the groundwa ter basin is considered medium priority and must comply with the requirements of SGMA (DWR 2023).
In the Coastal Plain of Orange County Groundwater Basin, the groundwater is characterized as sodium -calcium bicarbonate with localized areas of high total dissolved solids due to seawater intrusion along the Pacific Ocean coast, as well as nitrate and volatile organic compounds (DWR 20 23). Groundwater is recharged naturally from precipitation and injection wells to reduce seawater intrusion. The OCWD also injects water into the Talbert Barrier and the portion of the Alamitos Barrier Project within Orange Co unty. Water supplies for the seawater barriers include water from the Groundwater Replenishment System and State Water Project water.
The City of Fullerton is a retail water supplier that provides water to its residents using imported potable water supply and local groundwater from OCWD. In fiscal year 2019-2020, the City relied on groundwater for 79% of its water supply but is projected to 85% by 2045 (City of Fullerton 2021).
4.4.2 Relevant Plans, Policies, and Ordinances
Federal
Clean Water Act
The federal Water Pollution Control Act, or Clean Water Act (CWA) is the principal statute governing water quality.
This act establishes the basic structure for regulating discharges of pollutants into the Waters of the United States (U.S.) and provides the U.S. Environmental Protection Agency (EPA) authority to implement pollution control programs, such as setting wastewater standards for industries . The goal of the statute is to completely end all discharges and to restore, maintain, and preserve the integrity of the nation’s waters. The CWA regulates direct and indirect discharge of pollutants, sets water quality standards for all contaminants in surface waters, and makes it unlawful for any person to discharge any pollutant from a point source into navigable waters unless a permit is obtained under its provisions. The CWA mandates permits for wastewater and stormwater discharges; requires states to establish site-specific water quality standards for navigable bodies of water; and regulates other activities that affect water quality, such as dredging and the filling of wetlands. The CWA funds the construction of sewage treatment plants and recognizes the need for planning to address nonpoint sources of pollution. Section 402 of the CWA requires a permit for all point source (i.e., a discernible, confined, and discrete conveyance, such as a pipe, ditch, or channel) discharges of any pollutant (except dredge or fill material) into Waters of the U.S.
Section 303(d) of the CWA requires states to identify waterbodies that are “impaired,” or those that do not meet water quality standards and are not supporting their beneficial uses. Total Maximum Daily Loads (TMDLs) are
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-5
established in Section 303(d) to serve as pollution controls for these specific pollutants. TMDLs define how much of a specific pollutant/stressor a given water body can tolerate and still meet relevant water quality standards. The RWQCB has developed TMDLs for select reaches of water bodies.
National Pollutant Discharge Elimination System
In compliance with the National Pollutant Discharge Elimination System (NPDES) program (under Section 402 of the CWA), all facilities that discharge pollutants from any point source into Waters of the U.S. must have an NPDES permit.
The term “pollutant” broadly applies to any type of industrial, municipal, and agricultural waste discharged into water.
Point sources can be publicly owned treatment works (POTWs), industrial facilities, and urban runoff. The NPDES program addresses certain agricultural activities, but the majority are considered nonpoint sources and are exempt from NPDES regulation. Direct sources discharge directly to receiving waters, and indirect sources discharge to POTWs, which in turn discharge to receiving waters. Under the NPDES program, permits are issued only for direct, point-source discharges.
The National Pretreatment Program addresses industrial and commercial indirect dischargers. Municipal sources are POTWs that receive primarily domestic sewage from residential and commercial customers. Specific NPDES program areas applicable to municipal sources are the National Pretreatment Program, the Municipal Sewage Sludge Program, Combined Sewer Overflows, and the Municipal Storm Water Program. Nonmunicipal sources include industrial and commercial facilities. Specific NPDES program areas applicable to these industrial/commercial sources are: Process Wastewater Discharges, Non-process Wastewater Discharges, and the Industrial Storm Water Program. NPDES issues two basic permit types: individual and general. The EPA has focused on integrating the NPDES program further into watershed planning and permitting.
The NPDES has a variety of measures designed to minimize and reduce pollutant discharges. All counties with storm drain systems that serve a population of 100,000 or more, as well construction sites 1 acre or more in size, must file for and obtain an NPDES permit. Another measure for minimizing and reducing pollutant discharges to a publicly owned conveyance or system of conveyances (including roadways, catch basins, curbs, gutters, ditches, human-made channels, and storm drains designed or used for collect ing and conveying stormwater) is the EPA’s Storm Water Phase I Final Rule. The Phase I Final Rule requires an operator (such as a city) of a regulated municipal separate storm sewer system (MS4) to develop, implement, and enforce a program (e.g., best mana gement practices [BMPs], ordinances, or other regulatory mechanisms) to reduce pollutants in post-construction runoff to Los Angeles County’s storm drain system from new development and redevelopment projects that result in land disturbance greater than or equal to 1 acre.
The MS4 Permit in effect for the Project area is Order No. R4 -2012-0175-A01, issued by the Los Angeles RWQCB in 2012 and amended in 2016. The LACDPW enforces conditions of the MS4 NPDES permit on development and redevelopment projects under Los Angeles County’s jurisdiction.
Federal Antidegradation Policy
The Federal Antidegradation Policy (Title 40 Code of Federal Regulations Section 131.12) requires states to develop statewide policies to prevent degradation of water quality and identify methods for implementing those policies.
Pursuant to the Code of Federal Regulations, state antidegradation policies and implementation methods shall, at a minimum, protect and maintain: (1) existing in-stream water uses; (2) existing water quality where the quality of the waters exceeds levels necessary to support existing beneficial uses, unless the state finds that allowing lower water quality is necessary to accommodate economic and social development in the area; and (3) water quality in waters considered an outstanding national resource.
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-6
National Flood Insurance Program
The National Flood Insurance Act of 1968 established the National Flood Insurance Program in order to provide flood insurance within communities that were willing to adopt floodplain management programs to mitigate future flood losses. The Act also required the identification of all floodplain areas within the U.S. and the establishment of flood-risk zones within those areas. FEMA is the primary agency responsible for administering programs and coordinating with communities to establish effective floodplain management standards. FEMA is responsible for preparing Flood Insurance Rate Maps that delineate the areas of known special flood hazards and their risk applicable to the community. The program encourages the adoption and enforcement by local communities of floodplain management ordinances that reduce flood risks. In support of the program, FEMA identifies flood hazard areas throughout the United States on FEMA flood hazard boundary maps.
Federal Guidelines for Emergency Action, FEMA Publication No. 64 These guidelines provide guidance to help dam owners, in coordination with emergency management authorities, effectively develop and exercise Emergency Action Plans for dams. The guidelines encourage (1) the development of comprehensive and consistent emergency action planning to protect lives and reduce property damage and (2) the participation of emergency management authorities and dam owners in emergency action planning.
Federal Guidelines for Dam Safety Risk Management, FEMA Publication No. 1025 These guidelines enable federal agencies to use the general principles of risk management to make risk-informed decisions. The agencies work to develop and maintain consistent application of risk analysis, risk assessment, risk management, and risk communication, using equivalent procedures and tools. Risk estimates typically reflect the risk at a given dam at the snapshot in time when the risk analysis is performed. Risk management includes structural and nonstructural actions on a given dam, as well as activities such as routine and special inspections, instrumented monitoring, structural analyses, site investigations, development and testing of emergency action plans, and many other activities.
State
Porter -Cologne Water Quality Act
The Porter-Cologne Water Quality Act (Water Code Section 13000 et seq.) is the basic water quality control law for California. Under this act, the SWRCB has ultimate control over state water rights and water quality policy. In California, the U.S. EPA has delegated authority to issue NPDES permits to the SWRCB. The state is divided into nine regions related to water quality and quantity characteristics. The SWRCB, through its nine RWQCBs, carries out the regulation, protection, and administration of water q uality in each region. Each regional board is required to adopt a water quality control plan or basin plan that recognizes and reflects the regional differences in existing water quality, the beneficial uses of the region’s ground and surface water, and local water quality conditions and problems (RWQCB 2008 ). The Program area is in the jurisdiction of Santa Ana RWQCB Region 8, which encompasses
and lower Santa Ana River watersheds, the San Jacinto River watershed, and several other small drainage areas. The Basin Plan for Region 8, which was adopted January 24, 1995 and most recently amended in June 2019 (Santa Ana RWQCB 2019), provides direction on the beneficial uses of the state waters in Region 4; describes the water quality that must be maintained to support such uses; and provides programs, projects, and other actions necessary to achieve the standards in the Basin Plan.
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-7
Construction General Permit Order No. 2022 -0057 -DWQ
Pursuant to the CWA, the SWRCB issued a statewide general NPDES permit for stormwater discharges from construction sites in 2001 (Order No. 2022 -0057-DWQ, effective September 1, 2023). Under this Statewide Construction General Permit, discharges of stormwater from construction sites with a disturbed area of 1.0 acre or more are required to either obtain individual NPDES permits for stormwater discharges or be covered by the General Permit. Coverage by the General Permit is accomplished by completing and filing a Notice of Intent with the SWRCB and developing and implementing a Storm Water Pollution Prevention Plan (SWPPP). Each applicant under the Construction General Permit must ensure that a SWPPP is prepared prior to grading and is implemented during construction. The SWPPP must list BMPs implemented on the construction site to protect stormwater runoff and must contain a visual monitoring program, a chemical monitoring program for “nonvisible” pollutants to be implemented if there is a failure of BMPs, and a monitoring plan if the site discharges directly to a waterbody listed on the state’s 303(d) list of impaired waters.
California Antidegradation Policy
The California Antidegradation Policy, otherwise known as the Statement of Policy with Respect to Maintaining High Quality Water in California, was adopted by the SWRCB (State Board Resolution No. 68 -16) in 1968. Unlike the Federal Antidegradation Policy, the California Antidegradation Policy applies to all waters of the state (e.g., isolated wetlands and groundwater), not just surface waters. The policy states that whenever the existing quality of a water body is better than the quality established in indi vidual Basin Plans, such high quality shall be maintained, and discharges to that water body shall not unreasonably affect present or anticipated beneficial use of such water resource.
Clean California Toxics Rule Water Act
The U.S. EPA has established water quality criteria for certain toxic substances via the California Toxics Rule. The California Toxics Rule established acute (i.e., short-term) and chronic (i.e., long-term) standards for bodies of water, such as inland sur face waters and enclosed bays and estuaries, that are designated by each RWQCB as having beneficial uses protective of aquatic life or human health.
Clean Sustainable Groundwater Management Act Water Act On September 16, 2014, Governor Jerry Brown signed into law a three-bill legislative package—Assembly Bill 1739 (Dickinson), Senate Bill 1168 (Pavley), and Senate Bill 1319 (Pavley)—collectively known as SGMA, which requires governments and water agencies of high- and medium-priority basins to halt overdraft and bring groundwater basins into balanced levels of pumping and recharge. Under SGMA, these basins should reach sustainability within 20 years of implementing their sustainability plans. For critically over-drafted basins, sustainability should be achieved by 2040. For the remaining high- and medium-priority basins, 2042 is the deadline. Through SGMA, the California Department of Water Resources provides ongoing support to local agencies through guidance, financial assistance, and technical assistance. SGMA empowers local agencies to form Groundwater Sustainability Agencies to manage basins sustainably, and requires those Groundwater Sustainability Agencies to adopt Groundwater Sustainability Plans for crucial (i.e., medium to high priority) groundwater basins in California.
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-8
Clean Assembly Bill 3030 - Groundwater Management Act Water Act In 1992, Assembly Bill 3030 was passed, which increased the number of local agencies authorized to develop a groundwater management plan and set forth a common framework for management by local agencies throughout California. These agencies could possess t he same authority as a water replenishment district to “fix and collect fees and assessments for groundwater management” (California Water Code Section 10754), provided they receive a majority of votes in favor of the proposal in a local election (California Water Code Section 10754.3).
Clean California Water Code Water Act
The California Water Code includes 22 kinds of districts or local agencies with specific statutory provisions to manage surface water. Many of these agencies have statutory authority to exercise some forms of groundwater management. For example, a Water Replenishment District (California Water Code Section 60000 et seq.) is authorized to establish groundwater replenishment programs and collect fees for that service, while a Water Conservation District (California Water Code Section 75500 et seq.) can levy groundwater extraction fees. Through special acts of the Legislature, 13 local agencies have been granted greater authority to manage groundwater.
Most of these agencies, formed since 1980, have the authority to limit export and control some in-basin extraction upon evidence of overdraft or the threat of an overdraft condition. These agencies can also generally levy fees for groundwater management activities and for water supply replenishment.
Clean California Water Code, Division 3. Dams and Reservoirs, Sections 6101 –6102Water Act These regulations require dam owners to maintain records of, and to report on, maintenance, operation, staffing, and engineering and geologic investigations and to issue orders as necessary to secure maintenance and operations to safeguard life and propert y. The owner of a dam, or his agent, shall fully and promptly advise the Department of Water Resources of any sudden or unprecedented flood or unusual or alarming circumstance or occurrence affecting the dam or reservoir. These regulations require the Depa rtment of Water Resources to periodically inspect dams and reservoirs for the purpose of determining their safety. If required, the dam owner shall perform work necessary to secure maintenance and operation that will safeguard life and property.
Governor’s Office of Emergency Services, California Code of Regulations, Title 19 - Public Safety, Division 2 - Office of Emergency Services, Chapter 2 – Emergencies and Major Disaster, Subchapter 4 – Dam Inundation Mapping Procedures
These regulations were adopted to implement the provisions of Government Code Section 8589.5, which provide the standards for producing and submitting an inundation map, acquiring a waiver from the inundation mapping requirement, and administering the program. These regulations are not applicable to those structures identified as Debris Basins in Department of Water Resources Division of Safety and Dams Bulletin 17 -00, dated July 2000.
However, these regulations are not intended to limit the authority of the Governor’s Office of Emergency Services, or any appropriate public agency, to act under the police power of the state, when necessary, to protect life and property from a threatened or actual dam failure.
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-9
Local
City of Fullerton General Plan
The Conservation and Natural Resources Element of the Los Angeles County 2035 General Plan (General Plan) provides the following goals and policies potentially relevant to the Program:
Goal C/NR 5. Protect any useable local surface water resources.
Policy C/NR 5.1. Support the Low Impact Development (LID) philosophy, which seeks to plan and design public and private development with hydrologic sensitivity, including limits Text.
City of Fullerton Drainage Master Plan Update
The City of Fullerton Drainage Master Plan Update (October 1996) (Drainage Master Plan) identifies major system deficiencies and proposes corrective improvements that would be incorporated in future land development. The Drainage Master Plan provides cost estimates for the needed improvements and prioritizes drainage improvement projects for purposes of the City’s Capital Improvements Program (CIP).
City of Fullerton Municipal Code
Chapter 12.18 (Water Quality Ordinance)
Fullerton Municipal Code (FMC) Chapter 12.18 prohibits illicit connections and prohibited discharges to the City’s storm drain system and requires all new development and significant redevelopment comply with the Drainage Area Management Plan (DAMP) and any conditions and requirements established by the City. Prior to the issuance by the City of a grading permit, building permit or nonresidential plumbing permit for any new development or significant redevelopment, the planning agency would review the project plans and impose terms, conditions and requirements on the project in accordance with the ordinance. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or nonresidential plumbin g permit, the planning agency (Community Development Department and Engineering Department) would review the project plans and impose terms, conditions and requirements on the project in accordance with the ordinance prior to the issuance of a discretionary land use approval or, at the City's discretion, prior to recordation of a subdivision map.
4.4.3 Thresholds of Significance
The significance criteria used to evaluate the project impacts to hydrology and water quality are based on Appendix G of the CEQA Guidelines. According to Appendix G of the CEQA Guidelines, a significant impact related to hydrology and water quality would occur if the project would:
1. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality.
2. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin.
3. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
a. result in substantial erosion or siltation on or off site;
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-10
b. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site;
c. create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or d. impede or redirect flood flows.
4. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation.
5. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Based on the results of the Initial Study (Appendix A), the Program would result in less than significant impacts related to violating any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. As such, the following thresholds are evaluated within this section for the Program:
HYD-1 Would the Program s ubstantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
HYD-2 Would the Program s ubstantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
▪ Result in substantial erosion or siltation on or off site? ▪ Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site?
▪ Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or ▪ Impede or redirect flood flows?
HYD-3 In flood hazard, tsunami, or seiche zones, would the Program risk release of pollutants due to inundation?
HYD-4 Would the Program c onflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Methodology
As described in Chapter 3, Project Description, the proposed Program does not include or propose any site-specific development that could directly result in construction or operational impacts to the environment. However, implementation of the Program would help facilitate the development or redevelopment of up to 759 parcels identified in the overlay zone for multi -family housing, despite the existing land use zoning . Therefore, this Draft PEIR does not assess the site -specific construction and operation d etails of each future development within the Program Area. Rather, it assesses the impacts associated with potential changes to existing land uses and the associated overall effects of full buildout of the overlay parcels, where reasonably foreseeable physical changes to the environment could occur. Analysis at a parcel or site-specific level was not conducted because, unless otherwise noted within this assessment, the actual locations of project development (and its chron ologic sequence or concurrence) that may be implemented in the future are speculative.
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-11
The following analysis considers the existing environmental setting and regulatory environment applicable to the Program Area. The analysis considers the existing regulatory requirements related to hydrology and water quality that prohibit the contamination of receiving water bodies and provides protection of surface waters and groundwater supplies. In addition, the screening criteria for identifying the overlay zone parcels has already excluded any parcels located in existing hazard zones including flood hazard zones.
Impacts associated with potential increased stormwater runoff have been evaluated on a programmatic level.
Drainage impacts have been evaluated with consideration of existing regulatory requirements, as specified in the Orange County LID Standards Manual and Green Infrastructure Guidelines contained within the California Building Code, which are designed to lessen the adverse impacts of stormwater runoff from development and urban runoff on natural drainage systems, receiving waters, and other waterbodies. Impacts to groundwater supplies have been evaluated based on the existing 2020 Urban Water Management Plan for the City of Fullerton (City of Fullerton 2021).
4.4.4 Impacts Analysis
HYD-1. Would the Program substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Water supply in the City is provided by the City’s Water Utility which sources its water supply from imported potable water obtained from Metropolitan Water District of Southern California ( MWD) and local groundwater from the Orange County Groundwater Basin, that is managed by OCWD. Water use within the City’s service area has been trending downward in the past decade with an annual average of 26,098 acre- feet (AF) for potable use (City of Fullerton 2021). In fiscal year 2019 -20, the City’s water use was 23,799 AF of potable water (groundwater and imported). There is currently no recycled water use within the City’s service area. In fiscal year 2019 -20, the City’s water use profile was comprised of 63.2% residential use,
26.6% commercial, industrial, and institutional (CII), 4.8% landscape/irrigation, with non -revenue water and other uses comprising about 5.4%. According to the City’s 2020 UWMP, even though the City’s service area is nearly completely built-out, the population is projected to increase at a rate of 1.4% per year with minimum land use increase. Water demand is likely to increase 7.8% over the 2020-2025 period and 8.5% from 2025 through 2045. The potable water demand for 2045 is projected to be 27,850 AF, 85% of which or 23,673 AF would be sourced from local groundwater (City of Fullerton 2021).
The change in water demand associated with implementation of the proposed Program is difficult to estimate based on uncertainties in the timing of development, how dense the residential land use could end up (though still consistent with development standards and maximum residential densities), and how the water demands might change with redeveloped parcels as compared to existing water demands .
However, considering that the 2020 UWMP has projected water demand growth based on City growth projections and th e Program is only allowing the land use zoning changes to accommodate the City’s Regional Housing Needs Assessment, the growth that could occur under the Program should be in line with the projected growth for the City.
According to Tables 7-2, 7-3, and 7-4 of the City’s 2020 UWMP, water demands for the City are projected to be met in normal, single dry year, and multiple dry year scenarios out to 2045 (City of Fullerton 2021) .
The multiple dry year scenario even conservatively assumes a 6% demand increase each year for five consecutive years. In this scenario, there is also still significant reserves held by MWD that would be available for purchase by the City (City of Fullerton 2021).
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-12
In addition, the Orange County Groundwater Basin is managed by OCWD which has developed an alternative to a Groundwater Sustainability Plan (GSP), consistent with the requirements of SGMA. This alternative, known as Basin 8 -1 Alternative, is updated on a 5 -year basis and provides a roadmap for sustainable management of the groundwater basin. Each year OCWD calculates the volume of groundwater storage change from a theoretical “full” benchmark condition based on a calculation using changes in groundwater elevations in each of the three major aquifer systems and aquifer storage properties (OCWD 2022). This calculation is checked against an annual water budget that accounts for all production, measured recharge and estimated unmeasured recharge (also referred to as “incidental recharge”). OCWD manages the basin for long-term sustainability by maximizing groundwater recharge and managing basin production within sustainable levels. Maintaining the basin storage condition on a long -term basis within the established operating range allows for long -term sustainable management of the basin without experiencing undesirable effects. Therefore, according to the alternative management plan, the undesirable result of “significant and unreasonable reduction of groundwater storage” is not present and is not anticipated to occur in the OCWD Management Area in the future due to OCWD’s management programs and long-term planning efforts.
Full buildout of the Program could also have an effect on the amount of impervious surfaces and amount of surface area within the City that currently allows for infiltration of stormwater runoff. However, all proposed development and redevelopment would be required to adhere to existing drainage control requirements including the MS4 NPDES permit, the DAMP, and the City’s requirements which all require implementation of low impact development (LID) features which facilitate onsite infiltration of stormwater runoff, typically through construction of retention/detention basins. In many cases this would likely represent an increase in the amount of runoff made available for infiltration as sites are redeveloped that have no existing onsite retention/detention.
Therefore, considering the long-term planning efforts of the Orange County Groundwater Basin that is facilitated by the City’s 2020 UWMP, OCWD’s Basin 8-1 Alternative, and the drainage control requirements for any development or redevelopment associated with the Program, the potential for ad verse effects to groundwater supplies would be considered less than significant. No mitigation is required.
HYD-2. Would the Program substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
a) Result in substantial erosion or siltation on or off site? Construction
Development and redevelopment projects associated with the Program would likely involve ground disturbing activities that could expose underlying soils to the effects of erosion and/or siltation. Such activities include the removal of vegetation, demolition of on -site infrastructure, and grading of the site.
Environmental factors that affect erosion include topographic, soil, and rainfall characteristics. Erosion and sedimentation affect water qual ity and interferes with photosynthesis; oxygen exchange; and the respiration, growth, and reproduction of aquatic species.
Construction impacts from development would be minimized through compliance with local, state, and federal regulations pertaining to water quality standards. This includes adherence to the NPDES Construction General Permit that requires future projects of 1 acre or more to prepare and implement a
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-13
SWPPP prior to grading and construction activities. The SWPPP is required to identify BMPs that protect stormwater runoff and ensure the avoidance of substantial degradation of water quality during project construction. All demolition and construction activities associated with the project, including installation and realignment of utilities, would be subject to existing regulatory requirements as well as the relevant conditions of approval (See Section 3.6 of this document) including COA -HYD-1 which also r equires preparation and implementation of a SWPPP.
Prior to issuance of a building permit, individual project proponents would file a Notice of Intent with the SWRCB to comply with the requirements of the NPDES Construction General Permit. This process would include the preparation of a SWPPP and incorporation of BMPs to control construction-related erosion and sedimentation in dry weather and stormwater runoff. Other typical BMPs that could be incorporated into the SWPPP to protect water quality include the following:
▪ Diverting off-site runoff away from the construction site ▪ Vegetating landscaped/vegetated swale areas as soon as feasible following grading activities ▪ Placing perimeter straw wattles to prevent off-site transport of sediment ▪ Using drop inlet protection (filters and sandbags or straw wattles), with sandbag check dams within paved areas
▪ Regular watering of exposed soils to control dust during demolition and construction ▪ Implementing specifications for demolition/construction waste handling and disposal ▪ Using contained equipment wash-out and vehicle maintenance areas ▪ Maintaining erosion and sedimentation control measures throughout the construction period ▪ Stabilizing construction entrances to avoid trucks from imprinting soil and debris onto the project site and adjoining roadways
▪ Training, including for subcontractors, on general site housekeeping Incorporation of required BMPs for materials and waste storage and handling and equipment and vehicle maintenance and fueling would reduce the potential discharge of polluted runoff from construction sites, consistent with the CALGreen requirements. Compliance with existing regulations would prevent violation of water quality standards and minimize the potential for erosion and siltation of offsite discharges .
Therefore, the potential impacts associated with construction activities would be less than significant. No mitigation is required.
Operation
Development and redevelopment associated with Program could involve changes to existing drainage patterns. While the majority of the City is already developed and largely covered in impervious surfaces, these changes could create new impervious surfaces such as pathways, access roads, parking lots, and buildings, and could be a source of erosion and siltation that can be conveyed by storm and landscape irrigation flows, if not stormwater drainage facilities are not designed appropriately.
However, all improvements that could be associated with the Program would be required to adhere to existing drainage control requirements including the MS4 NPDES permit, the DAMP, and the City’s Municipal Code Chapter 12.18 as well as the condition of approval COA -HYD-2 (see Section 3.6 of this document). Prior to issuance of a building permit, the proponent would have to submit a water quality
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-14
management plan (WQMP) to the City for review and approval. The WQMP would e nsure that all new development and significant redevelopment incorporates appropriate site design, source control, and treatment control BMPs to address specific water quality issues including erosion and siltation. As part of these requirements, the WQMP would have to identify and demonstrate applicable BMPs as consistent with the DAMP and Municipal Code in order to prevent, to the maximum extent practicable, siltation from entering the stormwater drainage system, as well as maintain the BMPs as specified in the project approved WQMP. Therefore, compliance with these existing regulatory requirements for drainage control design measures would reduce potential impacts related to erosion and siltation to a less-than-significant level.
No mitigation is required.
b) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site?
Development associated with the proposed Program is not expected to have any substantial effect on the rate or amount of surface runoff since the majority of the City is already largely developed with high percentages covered in impervious surfaces. Development and redevelopment associated with the Program is not likely to substantively change the amount of impervious surfaces and would be required to detain flows from a 100-year storm event as required by the Orange County Hydrology Manual (County of Orange 2020). Detaining flows is commonly accomplished with construction of a retention/detention system that can slow, reduce, and meter the volume of runoff leaving the project site and ensure that downstream drainage facilities are not inundated with flows from the project site. In addition, condition of approval COA -HYD-3 (See Section 3.6) requires that project proponents receive City approval that appropriate stormwater volumes are managed onsite with the proposed drainage control features.
Therefore, considering that the development and redevelopment would likely not substantively increase stormwater flows, implementation of drainage control features would encourage on -site infiltration to the extent feasible, and development would adhere to the Orange County Hydrology Manual, the potential for surface runoff to result in on- or off-site flooding would be less than significant. No mitigation is required. c) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? As discussed above, with incorporation of required stormwater control features (e.g., retention/detention basins, infiltration galleries, vegetated swales, and landscaped areas) into the final p roject design s, development and redevelopment associated with the Program would not likely make any substantive changes to stormwater runoff rates or volumes. All proposed improvements would be required to adhere to drainage control requirements and would be consistent with the Orange County Hydrology Manual, the City Municipal Code, and COA-HYD-3 so that stormwater runoff would not result in substantively increased runoff rates compared to existing conditions . With adherence to these existing regulatory requirements, there would be no substantive increase in runoff rates and runoff would not exceed the capacity of existing or planned stormwater drainage systems. The proposed improvements would not include any other sources of polluted runoff that has not been addressed above, and the potential impact would be less tha n significant. No mitigation is required.
d) Impede or redirect flood flows?
The screening process for selection of the overlay parcels already excludes all parcels located within any 100-year flood zones. Since all 759 parcels associated with the Program are outside of an identified flood
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-15
zone hazard area, the potential impact related to impeding or redirecting flood flows would be less than significant. No mitigation is required.
HYD-3. In flood hazard, tsunami, or seiche zones, would the Program risk release of pollutants due to project inundation? As noted above, all 759 parcels associated with the Program would be located outside of any flood hazard zones. The City is also located well inland and such that it is not considered susceptible to tsunami hazards.
Seiche hazards are limited to areas immediately adjacent to enclosed or semi -enclosed bodies of water.
The only body of water that would be susceptible to seiche hazards is Laguna Lake, and none of the 759 parcels associated with the Program are in close proximity to Laguna Lake. Therefore, there would be no potential for adverse effects from seiche zone hazards. As discussed more thoroughly in Section 4. 3, Hazards and Hazardous Materials, the proposed Program would not include the storage of any bulk quantities of hazardous materials that would be at risk of being released due to inundation. While residential land uses are associated with hazardous materials use, it is typically in very limited quantities and would not risk substantive adverse effects from release in the event of inundation. Further, any storage of hazardous materials on -site would be consistent with applicable federal, state, and local regulations, assuring the appropriate storage such that a release would not be likely. Therefore, considering the Program characteristics, location of the parcels involved, and proposed land uses related to hazardous materials, the potential for risk of release of pollutants due to project inundation would be less than significant. No mitigation is required.
HYD-4. Would the Program conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
As previously discussed, compliance with the NPDES General Construction Permit, the NPDES MS4 Permit, DAMP, as well as implementation of a site -specific SWPPP, LID features, and WQMP, would ensure that degradation of water quality (surface water and groundwater) would remain minimal and would be consistent with Basin Plan policies for the Santa Ana region. As such, impacts would be less than significant.
With respect to groundwater management, as discussed above, the OCWD has demonstrated an ability to meet water demands out to the year 2045 in normal, single dry year, and multiple dry year scenarios. OCWD does derive its water supply largely from groundwater resources but also has flexibility in its sources of potable water supplies. The groundwater basin is considered a medium priority basin according to DWR and must comply with the requirements of the SGMA. OCWD adopted its first Groundwater Management Plan in 1989, which was most recently updated in 2022 and submitted to DWR as an Alternative to a Groundwater Sustainability Plan, also known as the Basin 8 -1 Alternative plan. Although the groundwater basin rarely reaches the full basin condition, basin st orage has fluctuated within the safe operating range for many decades (OCWD 2022). One of OCWD’s basin management objectives is to maximize groundwater recharge, which is achieved through increasing the efficiency of and expanding OCWD’s recharge facilitie s and the supply of recharge water. The Groundwater Replenishment System provides a substantial increase in supply of water available to recharge the basin. Additional OCWD supply management programs include encouraging and using recycled water for irrigation and other non-potable uses, participating in water conservation efforts, and working with Metropolitan Water District and the MWDOC in developing and conducting other supply augmentation projects and strategies. Development and redevelopment associated with both the project- and program-level elements would not conflict with any of these management strategies and programs that are used to provide sustainable management of the basin. As a result, the Program would not conflict with or
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-16
obstruct the implementation of a water quality control plan or sustainable groundwater management plan and impacts would be less than significant. No mitigation is required.
4.4.5 Mitigation Measures
All Program impacts relative to hydrology and water quality would be less than significant. As such, n o mitigation is required.
4.4.6 Significance Conclusion
Impacts are less than significant with no mitigation required.
4.4.7 Cumulative Effects
Groundwater Supply and Groundwater Recharge
Development of nearby related projects could increase land use intensities in the area, resulting in increased water usage. The proposed Program and some of the related projects are served by OCWD. As such, development of the proposed Program and the related projects would increase the amount of water used in OCWD’s service area.
OCWD’s UWMP has planned for the provision of regional water during normal, dry, and multiple dry years. The plan uses regional population, land use plans, and projections of future growth as the basis for planning water system improvements (including water treatment plants) and demonstrating compliance with state water conservation goals and policies. As such, to the extent that related projects are generally consistent with regional growth patterns and projections, cumulative projects would not be expected to result in increased water usage causing the need for new entitlements, resources, and/or treatment facilities that are not already being planned to accommodate regional growth forecasts.
As previously discussed, OCWD has planned water supply projects aimed at meeting increased future water demands within its service area. These plans include increasing the groundwater recharge capabilities, such as the expansion of the Groundwater Replenishment Program. When coupled with regional groundwater management plans and the regulatory bindings of the basins, these projects would ensure that the proposed project, as well as future regional projects, would not substantially decrease groundwater supplies or impede sustainable ground management of the relevant groundwater basins.
Certain qualifying projects would be subject to water supply assessment requirements, which assess the sufficiency of supply for existing and future demands, to serve as evidentiary basis during CEQA review on such projects.
Further, compliance with the CALGreen would be required for new developments. This would ensure that many of the related projects, as well as the proposed project, do not result in wasteful or inefficient use of limited water resources and may in fact result in an overall decrease in water use per person. Due to water planning efforts and water conservation standards, impacts to groundwater supplies would be minimized and the contributions of the proposed project to cumulative impacts would not be cumulatively considerable.
Stormwater Drainage
The geographic context for the analysis of cumulative impacts related to storm drainage is the Santa Ana River Watershed. As discussed for water quality, development within the Santa Ana River Watershed could increase the
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-17
number of impervious surfaces that could cause or contribute to adverse water quality effects, storm drain and receiving water capacity exceedances, or flooding.
All cumulative development in the watershed is subject to the existing regulatory requirements to protect water quality and minimize increases in stormwater runoff. For example, the Construction General Permit requires the development and implementation of a SWPPP for all construction sites larger tha n 1 acre to mitigate potential impacts to water quality from polluted stormwater runoff.
Every 2 years, the Santa Ana RWQCB must re-evaluate water quality within its geographic region and identify those water bodies not meeting water quality standards. For those impaired water bodies, a TMDL must be prepared and implemented to reduce pollutant loads to levels that would not contribute to a violation of water quality standards.
All development within the Santa Ana River Watershed would be subject to the water quality standards outlined in the Basin Plan and must comply with any established TMDLs . The continuing review process would ensure that cumulative development within the watershed would not substantially degrade water quality.
Orange County and other co-permittee cities and counties within the Santa Ana River Watershed are subject to the requirements of their respective MS4 Permits. Currently, the MS4 Permits require that the project designers and/or contractors of all new development and redevelopment projects that fall under specific priority project categories must develop WQMPs that include LID design requirements related to water quality. The LID features would address long-term effects on water quality within the Santa Ana River Watershed and ensure BMPs and LID designs minimize potential water quality concerns to the maximum extent practicable. Therefore, impacts associated with water quality standards and polluted runoff in the watersheds would be minimized and the proposed project’s contribution to cumulative impacts would not be cumulatively considerable.
New development within the watershed is also subject to the environmental review process and compliance with local stormwater regulations, such as the Construction General Permit, the Section 404 permit process of the CWA, local code requirements (DAMP and LIP), and local WQMP requirements. The proposed project would incorporate LID features during project design to reduce impervious surfaces and reduce stormwater runoff. Similar to the proposed project, other projects in the Santa Ana River Watershed would incorporate hydromodification features such that drainage rates would be no more than existing conditions. Therefore, impacts associated with changes in runoff in the watershed would be minimized and the contributions of the proposed project to cumulative impacts would not be cumulatively considerable.
Release of Pollutants from Inundation
The geographic context for the analysis of cumulative impacts associated with risk of release of pollutants due to inundation from flooding, tsunami, or seiche hazards is the City of Fullerton. As described above in Impact HYD-3, the Program parcels would all be located outside of any flood hazard zones and therefore could not contribute to any risk of release of pollutants. The City is also located well inland and outside of any tsunami hazard areas. Seiche hazards are limited to areas immediately adjacent to Laguna Lake, the only enclosed or semi-enclosed open water body in the City, and none of the 759 parcels associated with the Program are in close proximity to Laguna Lake.
Therefore, there would be no potential for the Program to contribute to a potential cumulative risk of release of pollutants due to inundation from flood, tsunami, or seiche hazards.
Conflict or Obstruct Water Quality Plan or Groundwater Sustainability Plan The geographic context for the analysis of cumulative impacts associated with conflicting or obstructing with a Water Quality Plan or Groundwater Sustainability Plan is the Santa Ana RWQCB jurisdiction and the Orange County
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-18
Groundwater Basin. Cumulative development within the Santa Ana RWQCB jurisdiction could include increases to impervious areas and new potential sources of pollutants in stormwater runoff. Construction activities associated with cumulative development could temporarily increase the number of exposed surfaces that could contribute to sediments in stormwater runoff. All qualifying cumulative development would be required to adhere to NPDES General Construction Permit requirements as well as drainage control requirements including Regional MS4 NPDES Permit and local requirements that would all be consistent with the Santa Ana RWQCB Basin Plan goals and policies to protect water quality.
With respect to groundwater management, as discussed above, the regional planning by OCWD through their 2020 UWMP indicates an ability to meet water demands out to the year 2045 in normal, single dry year, and multiple dry year scenarios. Future demand projections consider growth that matches the City’s General Plan and anticipated increases in development such as the cumulative projects. While OCWD does derive its water supply largely from groundwater resources, there is also flexibility within the system to access other sources . To comply with SGMA, OCWD provides groundwater management through the groundwater sustainability plan known as the Basin 8 -1 Alternative plan. Development and redevelopment projects considered as part of the cumulative projects would not conflict with OCWD’s Basin 8-1 Alternative Plan because they do not represent projects that were not considered as part of regional growth and would also not interfere with any of the management strategies and programs that are used to provide sustainable management of the basin. As a result, the Program would not contribute to a conflict with or obstruction of the implementation of a water quality control plan or sustainable groundwater management plan and cumulative impacts would be less than significant
4.4.8 References Cited
City of Fullerton 2010. Local Hazard Mitigation Plan, 2010.
City of Fullerton 2012. Final Program EIR, The Fullerton General Plan, May 2012.
City of Fullerton 2021. 2020 Urban Water Management Plan, June 2021.
County of Orange. 2020. Local Drainage Manual, 2nd Edition. December 2020. http://cams.ocgov.com/ Web_Publisher_SAM/Agenda05_25_2021_files/images/O01421-000205A.PDF County of Orange, Orange County Water District, Orange County Sanitation District (Orange County), 2018, Integrated Regional Water Management for the North and Central Orange County Watershed Management Areas , March 2018.
County of Orange. 2021. Local Hazard Mitigation Plan, Draft for Public Review, May 2021. https://bof.fire.ca.gov/ media/4ifjgy5v/rpc-4-a-iv-orange-county-hazard-mitigation-plan-supplemental-_ada.pdf DWR (California Department of Water Resources). 2023. “SGMA Basin Prioritization Dashboard.” Accessed December 15, 2023. https://gis.water.ca.gov/app/bp-dashboard/final/.
OCWD. 2022. Basin 8-1 Alternative 2022 Update. January 1, 2022. Accessed November 20, 2023. https://www.ocwd.com/wp-content/uploads/05cbasin-8-1-alternative-2022-update.pdf.
RWQCB (Santa Ana Regional Water Quality Control Board). 2008. Santa Ana RWQCB Basin Plan Beneficial Uses.
Updated February 2008. https://www.usbr.gov/lc/socal/reports/brineconcentrate/3Regs_part4.pdf
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-19
RWQCB (Santa Ana Regional Water Quality Control Board). 2019. Santa Ana RWQCB Basin Plan. Updated June 2019. https://www.waterboards.ca.gov/santaana/water_issues/programs/basin_plan/docs/2019/ New/Basin_Plan_Table_of_Contents_June_2019.pdf
RWQCB. 2023a. “2014 and 2016 California 303(d) List of Water Quality Limited Segments.” Accessed November 17, 2023. https://www.waterboards.ca.gov/water_issues/programs/tmdl/2014_ 16state_ir_reports/category5_report.shtml.
RWQCB. 2023b. San Gabriel River Watershed, accessed November 15, 2023, https://www.waterboards.ca.gov/ rwqcb4/water_issues/programs/regional_program/Water_Quality_and_Watersheds/san_gabriel_river_ watershed/summary.shtml
WRCC (Western Regional Climate Center). 2023. Period of Record Monthly Climate Summary. Period of Record:
August 1989 to June 2016. Anaheim, California (040192). Accessed November 16, 2023, https://wrcc.dri.edu/cgi-bin/cliMAIN.pl?ca0192
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-20
INTENTIONALLY LEFT BLANK
Date: 2/5/2024 - Last saved by: ckubacki - Path: Z:\Projects\j1288501\MAPDOC\DOCUMENT\Figure4.4-1_FEMAFloodZones.mxd Orange
Anaheim
Buena Park
Fullerton
Brea
Placentia
Whittier
142
39 91
39 57
91 90
5 5
5 A
A
A
A
A A
AE
AE
AE
AE AE
AH
AOAO
AO
AO AO
AOAO
AO
AO
AO
X
X
X
X
X
X
X
X
X
X
X
X
X
X
FEMA Flood Zones
Fullerton Housing Incentive Overlay Zone PEIR
SOURCE: ESRI 2023; Orange County 2020; FEMA 2024
0 3,5001,750
Feet
FIGURE 4.4-1
City of Fullerton
Orange County Boundary
FEMA Floodzone
A; 100 year flood zone
AE; 100 year flood zone
AO; 100 year flood zone (usually
sheet flow, between 1 and 3 ft)
X; Outside 500 year flood zone
(determined to be outside the 1%
and 0.2% flood zones)
4.4 – HYDROLOGY AND WATER QUALITY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.4-22
INTENTIONALLY LEFT BLANK
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-1
4.5 Land Use and Planning
This section describes the existing land use and planning conditions of the Planning Area and vicinity, identifies associated regulatory requirements, evaluates potential impacts, and identifies mitigation measures related to implementation of the proposed Program.
4.5.1 Existing Conditions
The Program is proposed within the City of Fullerton (City), a city located in north Orange County, California, as shown in Figure 3-1, Regional Location. The proposed Program would apply to select parcels across the City. Given the Citywide nature of the Program, the location of identified parcels is collectively defined as the “Planning Area” as shown in Figure 3-2, Fullerton HIOZ Map.
The proposed Program is based on a methodology in which parcels Citywide were analyzed and either removed from or considered for inclusion based on a variety of criteria. In summary, four specific criteria were considered when identifying eligible parcels for the inclusion in the Program, listed below:
Economic Viability: Parcels that are most likely to be redeveloped given their current underutilization of land. For example, these parcels are either vacant or the development is outdated and has a likelihood of redevelopment in the near-term.
Location within Opportunity Areas: Promotion of affirmatively furthering fair housing policies by including areas identified within the California Tax Credit Allocation Committee (TCAC)/HCD Opportunity Areas to support positive economic, educational, and health outcomes for low-income families. In addition, parcels were included if they are within high-quality transit areas, defined by SCAG as areas within one-half-mile of major transit stops and high -quality transit corridors. Parcels that are adjacent (e. g., within 100 feet) to existing residential were also included.
Location Outside of Local Hazard Zones: Discourage development within known local hazard zones, such as airport impact zones defined by the Airport Land Use Commission of Orange County, and as noted within the City’s 2020 Local Hazard Mitigation Plan (i.e., inundation hazard zones, flood hazard zones, fire hazard zones, landslide hazard zones, earthquake fault hazard zones, liquefaction hazard zones, and oil and gas hazard zones).
Adjacent to Local Amenities: Encourage residential development with access to community amenities (i.e., within one-quarter mile of a school, college, or university and within one-quarter--mile of open space).
Based on this criteria, parcels were screened and either included for, or removed from, consideration. The HIOZ Site Inventory (Appendix B) provides further detail about the Program’s screening analysis and methodology. In addition to using the criteria outlined above, parcels were removed from consideration if public uses (i.e., schools, parks, municipal facilities, infrastructure, etc.) are on site and/or if the parcel is identified on the local register of historical resources.
As a result of the site screening process, the Planning Area includes a total of 759 parcels, totaling 593 acres across the City. These sites are shown in Figure 3-2, Fullerton HIOZ Map. Under existing conditions, these parcels are currently zoned with the following underlying zoning designations (City of Fullerton 2023a) : C-G (Commercial Greenbelt), C -M (Commercial, Manufacturing), G -C (General Commercial), O -P (Office Professional), M -G (Manufacturing, General), M -P (Manufacturing Park) (100,000 square -foot minimum lot size), and M -P
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-2
(Manufacturing Park) (200,000 square -foot minimum lot size) , as shown in Figure 3 -4, Zoning . Currently, the Planning Area does not include land with a Specific Plan District (SPD) zoning classification (City of Fullerton 2023b).
Under existing conditions, the Planning Area contains a variety of commercial (i.e., retail stores, restaurants, shopping centers, etc.), industrial (i.e., warehouse, industrial parks, auto repair, etc.), and office land uses as well as vacant land (e.g., parking lots). Although the Planning Area is currently zoned for non-residential uses, there are parcels within the Planning Area which contain existing non-conforming residential uses on site.
The General Plan designates the Planning Area with the following land use designations (also referred to as Community Development Types): Commercial, Greenbelt Concept, Industrial, Low -Density Residential, Medium - Density Residential, Office, and Religious Use. Furthermore, the Planning Area includes parcels within each of the General Plan’s Focus Areas, with the exception of Focus Area F, Transportation Center.
4.5.2 Relevant Plans, Policies, and Ordinances
Federal
There are no federal policies or regulations applicable to land use and planning with respect to the proposed Program.
State
State Planning Law
State Planning Law (California Government Code Section 65300) requires every city and county in California to adopt a comprehensive, long -term general plan for the physical development of the jurisdiction and of any land outside its boundaries that, in the planning agency's judgment, bears relation to its planning (sphere of influence).
A general plan should consist of an integrated and internally consistent set of goals and policies grouped by topic into a set of elements and guided by a jurisdiction-wide vision. State law requires that a general plan address seven elements or topics (land use, circulation, housing, conservation, open space, noise, and safety), but allows some discretion on the arrangement and content. Additionally, each of the specific and applicable require ments in the state planning law should be examined to determine if there are environmental issues within the community that the general plan should address, such as hazards or flooding.
Housing Element Law
Pursuant to Section 65580 of the Government Code, a Housing Element of a General Plan must contain local commitments to the following:
▪ Provide sites with appropriate zoning and development standards and with services and facilities to accommodate the jurisdiction’s RHNA for each income level. The RHNA is the only population and/or housing requirement that applies to the General Plan Update. ▪ Assist in the development of adequate housing to meet the needs of lower and moderate-income households. ▪ Address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.
▪ Conserve and improve the condition of the existing affordable housing stock.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-3
▪ Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status or disability.
▪ Preserve assisted housing developments for lower income households.
State law requires that jurisdictions provide their fair share of regional housing needs. California Department of Housing and Community Development (HCD) is mandated to determine the statewide housing need. The HCD, in cooperation with local governments and councils of governments, are charged with making a determination of the existing and projected housing need as a share of the statewide housing need of their city or region. The housing construction need is determined for four broad household income cat egories: very low (households making less than 50% of median family income), low (50% to 80% of median family income), moderate (80% to 120% of median family income), and above moderate (more than 120% of median family income). The intent of the future nee ds allocation by income groups is to relieve the undue concentration of very low and low-income households in a single jurisdiction and to help allocate resources in a fair and equitable manner.
The “fair share” allocation process begins with the DOF’s projection of statewide housing demand for an eight-year period, which is then apportioned by the HCD among each of the state’s official regions, which are represented by councils of government. A local jurisdiction’s fair share of regional housing need is the number of additional dwelling units that will need to be constructed during a given eight-year planning period. Once a local government has received its final RHNA, it must revise its Housing Element to show how it plans to accommodate its portion of the region’s housing need.
Local
Connect SoCal
The Southern California Association of Governments (SCAG) is the nation’s largest metropolitan planning organization, representing six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura), 191 cities, and approximately 19 millio n residents. SCAG is mandated to research and develop plans for transportation, growth management, hazardous waste management, and air quality. SCAG is responsible for planning efforts that result in the Regional Transportation Plan (RTP) and the Federal Transportation Improvement Program.
SCAG also develops the Sustainable Communities Strategy (SCS) to reduce greenhouse gas emissions as required by the Sustainable Communities and Climate Protection Act (Senate Bill 375). The RTP is a long -range transportation plan that is developed and updated by SCAG every four years to guide transportation investments throughout the region. The SCS is a required element of the RTP that integrates land use and transportation strategies to achieve California Air Resources Board emissions reduction targets pursuant to Senate Bill 375. At the time of the issuance of the Notice of Preparation (NOP), the applicable regional growth forecasts were included in SCAG’s 2020–2045 RTP/SCS, known as Connect SoCal (SCAG 2020a).
Connect SoCal includes goals to increase mobility and enhance sustainability for the region’s residents and visitors and encompasses three principles to improve the region’s future: mobility, economy, and sustainability. In addition, Connect SoCal provides a regional investment framework to address the region’s transportation and related challenges, while enhancing the existing transportation system and integrating land use into transportation planning. Connect SoCal recommends local jurisdictions accommoda te future growth within existing urbanized areas, particularly near existing transit, to reduce vehicle miles traveled (VMT) , congestion, and greenhouse gas emissions. The adopted Connect SoCal was made available for public review in March 2020 (SCAG 2020 a). On May 7, 2020, the Regional Council adopted Resolution No. 20 -621-1 certifying the Connect SoCal and the associated Program Environmental Impact Report (PEIR) and approving Connect SoCal for federal conformity
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-4
purposes only. On September 3, 2020, the SCAG Regional Council unanimously voted to approve Resolution No. 20-624-1 to: (1) adopt the Connect SoCal PEIR Addendum and Revised Mitigation Monitoring and Reporting Program; (2) approve Connect SoCal in its enti rety; and (3) submit Connect SoCal to the California Air Resources Board for confirmation that the Plan meets greenhouse gas reduction targets .
According to SCAG, for the purpose of determining consistency with Connect SoCal under the California Environmental Quality Act (CEQA), lead agencies, such as the City, have the sole discretion in determining a local project’s consistency; consistency shou ld be evaluated using the goals and policies of Connect SoCal and its associated PEIR. Connect SoCal does not supersede or otherwise affect a local jurisdiction’s authority or decisions on future development, including entitlements and development agreements. There is no obligation by a jurisdiction to change its land use policies, General Plan, or regulations to be consistent with Connect SoCal (SCAG 2020a).
For informational purposes, SCAG released the Connect SoCal 2024, also known as the 2024-2050 RTP/SCS, for public review and comment on November 2, 2023 (SCAG 2023). Given that the Connect SoCal 2024 is still in draft form, the 2020 Connect SoCal is used for the purposes of this Draft PEIR.
Regional Housing Needs Allocation
Regional Housing Needs Allocation (RHNA) is mandated by the State Housing Law as part of a periodic process of updating local housing elements in city and county general plans. SCAG is required to develop a final RHNA methodology to distribute existing and projected housing need for the 6th Cycle RHNA for each jurisdiction, which will cover the planning period October 2021 through October 2029. Several guiding principles that SCAG staff has developed to use as the basis for developing the distribution mechanism for the RHNA methodology, as detailed below.
The housing crisis is a result of housing building not keeping up with growth over the last several decades.
The RHNA allocation for all jurisdictions is expected to be higher than the 5th RHNA cycle.
Each jurisdiction must receive a fair share of their regional housing need. This includes a fair share of planning for enough housing for all income levels, and consideration of factors that indicate areas that have high and low concentration of access to opportunity.
It is important to emphasize the linkage to other regional planning principles to develop more efficient land use patterns, reduce greenhouse gas emissions, and improve overall quality of life.
HCD provided SCAG a final regional determination of 1,341,827 units for the 6th Cycle RHNA on October 15, 2019.
Following the formal distribution of draft RHNA allocations based on the Final RHNA methodology and a separate appeals phase described in Government Code 65584.05 et seq., RHNA allocations were adopted on March 4, 2021 by the SCAG Regional Council, and approved by HCD on March 22, 2021, and later modified on July 1, 2021. Based on SCAG’s determination of existing need and projected needs, which considers anticipated vacancies and projected household growth, the regional existing need for additional housing units has been determined to be 836,857 units, and the regional projected need is 504,970 units (SCAG 2020a). In total, HCD’s regional determination of 1,341,827 exceeds SCAG’s 2020–2045 household growth forecast of 1,297,000 by 3.68% (SCAG 2020b).
General Plan
The City’s General Plan (or The Fullerton Plan), adopted in May 2012, provides goals and policies to achieve the vision for the City. The General Plan, in accordance with State law and the California's General Plan Guidelines, is organized in four parts: The Fullerton Built Environment, the Fullerton Economy, the Fullerton Community, and the Fullerton Natural Environment (City of Fullerton 2012a). State law requires that general plans address the several
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-5
topics (or “Elements”) of land use, circulation, housing, open space, conservation, safety, noise, and environmental justice, in accordance with California Government Code Section 65302.
The City’s General Plan identifies 12 Focus Areas that present opportunities where land use and design change can help fully implement the vision of The Fullerton Plan. The Focus Areas are designed to catalyze revitalization efforts along corridors; create more options for travel between Fullerton’s major destinations and neighborhoods; guide the enhancement of unique assets; and support the function of business clusters such as medical facilities and industrial areas. For each Focus Area, the General Plan provides objectives to serve as a framework for further community-based planning efforts. (City of Fullerton 2012a). These focus areas were identified as opportunity areas because they generally possess some or all of the following characteristics: (1) Areas that are currently experiencing transition or anticipated transition in the near future, (2) Areas that exhibit special community resources (historic, educational, cultural, etc.), (3) Areas providing a variety of development options or market interest, and (4) Areas exhibiting potential for enhancement or reinvestment through public or private investment. Given the outlined criteria, the General Plan established the following: Focus Area A: Airport Industrial; Focus Area B: Commonwealth Corridor; Focus Area C: Orangethorpe Corridor Nodes ; Focus Area D: Harbor G ateway; Focus Area E: Downtown; Focus Area F: Transportation Center; Focus Area G: North Harbor Corridor; Focus Area H: North Industrial; Focus Area I: Chapman Corridor; Focus Area J: Education; Fo cus Area K: Southeast Industrial; and Focus Area L: West Coyote Hills.
The Fullerton Built Environment. The Fullerton Built Environment addresses the physical dimensions of the Fullerton community’s districts and neighborhoods, including the mobility connections and public infrastructure that occur within the City and between the City and the region . This section of the General Plan includes components of the General Plan elements required by State law, including Land Use, Circulation, Housing, Conservation, and Noise.
The Fullerton Built Environment consists of the following chapters, goals, and policies related to Community Development and Design, Housing, Historic Preservation, Mobility, Bicycle, Growth Management, and Noise. A list of the overarching goals are as follows:
▪ Goal 1: Resilient and vital neighborhoods and districts. ▪ Goal 2: A positive identity and distinctive image.
▪ Goal 3: A supply of safe housing ranging in cost and type to meet the needs of all segments of the community. ▪ Goal 4: Valued and preserved historic resources.
▪ Goal 5: A balanced system promoting transportation alternatives that enable mobility and an enhanced quality of life.
▪ Goal 6: A bicycle -friendly city where bicycling is a safe and convenient alternative to motorized transportation and a recreational opportunity for people of all ages and abilities. ▪ Goal 7: Growth and development aligned with infrastructure capabilities. ▪ Goal 8: Protection from the adverse effects of noise.
High-Density Residential. The purpose of this C ommunity Development Type is to establish and protect opportunities for households that desire dense urban living within a compact, walkable neighborhood that is well served by transit, and to provide opportunities for neighborhood support uses and amenities. The General Plan identifies attached dwellings, live -work units, limited neighborhood -serving commercial, and compatible public, quasi-public, and special uses as potential land uses. The City establishes a minimum density of 28.1 dwelling units per acre (du/ac) and a maximum floor a rea ratio (FAR) at 0.65. There is no maximum density or minimum FAR development standard for this land use designation.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-6
Airport Influence Areas. Airport Influence Areas are comprised of airport property, runway protection zones, and noise contours. With certain exceptions, all developments located in an Airport Influence Area are subject to review by the Orange County Airport Land Use Commission (ALUC) for compliance with noise and safety regulations. State Law requires the creation of ALUCs to coordinate planning for the areas surrounding public use airports. The Fullerton Municipal Airport is a general aviation airport loc ated at 4011 West Commonwealth Avenue, in the southwestern portion of the City. Fullerton Municipal Airport is within the oversight of the Orange County ALUC. The ALUC is required to prepare and adopt an airport land use plan for each of the airports within its jurisdiction. The ALUC prepared the Airport Environs Land Use Plan for Fullerton Municipal Airport (AELUP) on November 18, 2004.
Airport influence areas, as illustrated in Exhibit D2, Fullerton Municipal Airport – Airport Impact Zones and Noise Contours, of the AELUP shows that the Planning Area is overlies, or is adjacent to, a portion of the Planning Area (ALUC 2019). See Section 4.7, Noise, of this Draft PEIR for more discussion on land use consistency with quantifiable community noise exposure. In summary, below are the standards for land use consistency:
▪ Normally Consistent: Conventional construction methods used. No special noise reduction requirements. ▪ Conditionally Consistent: Must use sound attenuation required by the California Noise Insulation Standards, Title 25, California Code of Regulations. Residential use sound attenuation required to ensure that the interior CNEL does not exceed 45 dB. Commerc ial and industrial structures shall be sound attenuated to meet Noise Impact Zone “1” criteria.
▪ Normally Inconsistent: All residential units are inconsistent unless are sound attenuated to ensure that the interior CNEL does not exceed 45 dB, and that all units are indoor oriented so as to preclude noise impingement on outdoor living areas.
The Fullerton Economy . The Fullerton Economy addresses the economic dimensions of the community that contribute to a prosperous quality of life for the residents, businesses and other organizations within the City. This section of the General Plan is considered an optional element of the General as allowed by State law. The Fullerton Built Environment consists of the following chapters, goals, and policies related to Economic Development, and Redevelopment and Revitalization. A list of the overarching goals are as follows:
▪ Goal 9: Long-term fiscal strength and stability that has a foundation in local economic assets and adapts to dynamic market conditions.
▪ Goal 10: An innovation economy built upon Fullerton’s local entrepreneurial spirit and intellectual capital. ▪ Goal 11: Revitalization activities that result in community benefits and enhance the quality of life in neighborhoods, districts, and corridors.
The Fullerton Community . The Fullerton Community addresses the dimensions of the Fullerton community that reinforce civic participation and contribute to a safe, healthful, and enriching quality of life for residents and visitors within the City. This section of the General Plan includes components of the Safety Element, as required by State law, as well as optional elements allowed by State law . The Fullerton Built Environment consists of the following chapters, goals, and policies related to Public Safety, Public Health, Parks and Recreation, Arts and Culture, Education, and Community Involvement. A list of the overarching goals are as follows:
▪ Goal 12: Proactively addressing public safety concerns. ▪ Goal 13: Responsive to public safety needs.
▪ Goal 14: An environment with opportunities for community health and wellbeing.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-7
▪ Goal 15: Parks, recreational facilities, trails, and programs that promote a healthy community and a desirable quality of life.
▪ Goal 16: Broad community participation in cultural activities and visual and performing arts. ▪ Goal 17: An exceptional variety and quality of educational opportunities that reach community members throughout their lives.
▪ Goal 18: Citizens that are actively involved in shaping the community's future and overall quality of life.
The Fullerton Natural Environment. The Fullerton Natural Environment addresses natural resources, open space, natural hazards, and related topics pertaining to the Fullerton community's quality of life. This section of the General Plan includes components of the General Plan elements required by State law, including Conservation, Open Space, and Safety, as well as optional elements allowed by State law. The Fullerton Built Environment consists of the following chapters, goals, and policies related to Water, Air Quality and Climate Change, Integrated Waste Management, Open Space and Natural Resources, and Natural Hazards. A list of the overarching goals are as follows:
▪ Goal 19: An adequate and safe water supply.
▪ Goal 20: A healthy watershed and clean urban runoff.
▪ Goal 21: Protection and improvement of air quality.
▪ Goal 22: Participation in regional efforts to address climate change and its local impacts. ▪ Goal 23: Safe and efficient management of waste.
▪ Goal 24: Responsible management of open spaces balanced with the healthy functioning of environmental systems.
▪ Goal 25: Responsible management of natural resources. ▪ Goal 26: Protection of people, natural and built environments and economy from natural hazards.
Appendix H: Housing Element. State law requires that each jurisdiction’s Housing Element consist of “identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, and scheduled program actions for the preservation, impr ovement and development of housing.” The most current Housing Element Update (HEU) covers the planning period of October 15, 2021 to October 15, 2029. The HEU represents the City’s effort in fulfilling the requirements under Sta te Housing Element law. The California State Legislature has identified the attainment of a decent home and suitable living environment for every Californian as the State’s major housing goal. Recognizing the important role of local planning and housing programs in the pursuit of this goal, the Legislature has mandated that all cities and counties prepare a Housing Element as part of the comprehensive General Plan.
The City’s Housing Element was updated in conformance with the 2021 -2029 cycle (6th Cycle) as a jurisdiction within the SCAG region. The HEU builds upon the other General Plan elements and is consistent with the policies set forth by the General Plan, as amended. The Housing Incentive Overlay Zone is identified as an implementation program in the 2021 Draft HEU (City of Fullerton 2021).
HCD is required to prepare the RHNA for each council of governments in the State that identifies projected residential dwelling units needed for all economic segments based on DOF population estimates. Each local government must demonstrate that it has planned to accommodate all of its regional housing need allocation in its Housing Element.
The City has been allocated 13,209 units, including the following income breakdown: 3,198 very-low income, 1,989 low income, 2,271 moderate income, and 5,751 above-moderate income housing units (SCAG 2021).
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-8
The following provides a summary of the most applicable goals and policies across applicable General Plan Elements that pertain to the Program (City of Fullerton 2021):
Policy Action Area #1. Housing Production.
Policy Action 1.1: Provision of Adequate Sites for Housing Development. Fullerton’s assigned housing need for the 2021-2029 period is 13,209 units, compared to 1,841 units in the prior planning period.
The City’s existing land use plans and regulations do not identify sufficient sites with appropriate zoning to accommodate the City’s assigned share of regional housing need for the 6 th planning period. To address the shortfall of sites, the City has identified the following major strategies:
▪ Housing Incentive Opportunity Zone (HIOZ) – The HIOZ is an overlay zone that allows a property owner to develop multi -family housing on a parcel with a non -residential underlying zoning classification in exchange for providing a specified percentage of dee d-restricted affordable housing units.
▪ Religious Institution Properties – An amendment to the Fullerton Municipal Code pertaining to development standards and review procedures to allow properties containing religious institutions to also be developed with permanent supportive housing and/or deed restricted affordable housing.
Policy Action 1.3: Facilitate Infill Development . The built -out nature of the City requires infill development through proactive and coordinated efforts with the City, private and non-profit entities, and other housing-related groups to encourage the construction of housing affordable to extremely- low-, very-low-, low-, and moderate -income households through a menu of regulatory incentives (e.g., streamlined review, reduced development standards, land assemblage, lot consolidation, fee assistance, and other methods).
Policy Action 1.4: Encourage Mixed Use Development. To provide connections with jobs, housing, and transportation, the City shall continue to encourage mixed-use development, which could be either “vertical” (i.e., residential on upper floors above nonresidential uses) or “horizontal” (i.e., adjacent residential and non-residential uses in the same development area). Key focus areas shall include the City’s primary activity centers, including the downtown area. The Fullerton Plan, adopted in 2012, identifies 12 focus areas in which development character is either in transition or desired.
Within 11 of these areas, residential development is established as an appropriate use. The Fullerton Plan further includes density parameters for each focus area, establis hing maximums ranging from 30 to 80 units per acre, and creates two additional land use designations for mixed- use developments. Other locations in addition to General Plan focus areas may also be appropriate for vertical or horizontal mixed-use development. The City will pursue a community-based planning process to implement these general plan policies on parcels, including pursuing City -initiated general plan and zoning amendments as required.
Policy Action 1.7: Establish Comprehensive Community Outreach Strategy for Housing. One of the most effective tools to inform and educate the community about the City’s housing programs, policies, and resources is through direct outreach. To ensure the Fullerton community is provided the highest level of access to information, the City ha s established a comprehensive community outreach strategy and multi-faceted plan called the Housing Game Plan. The one-stop shop online portal helps to inform the community on housing fundamentals through Speaker Series videos,
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-9
interactive demographic categories and maps, community participation opportunities and will include links to development opportunities, links to affordable housing opportunities and resources. The City will continue to utilize this tool and various methods of delivery including print media, mailers, speaker's bureaus, social media, and other methods that consider economic and cultural considerations unique to the City of Fullerton.
Policy Action 1.8: Review and Revise Multi-Family Development Standards. Development standards such as off -street parking requirements may impact the feasibility of residential development, especially the development of multi-family units. To ensure the City’s development standards are not an unreasonable constraint to resident ial development, especially new housing units affordable to lower- and moderate-income households, the City shall review existing requirements and revise, as appropriate, during preparation of the Housing Incentive Opportunity Zone.
Policy Action 1.9: Accessory Dwelling Units. Accessory dwelling units (ADUs) provide affordable housing options for singles and small households including the elderly, young adults and caregivers. To encourage and incentivize ADUs and Junior ADUs, the City will:
▪ Monitor ADU legislation and update relevant Codes to reflect State law. ▪ Partner with OCCOG and surrounding jurisdictions in support of creating “pre-approved” ADU Plans. ▪ Proactively outreach to property owners to provide greater awareness of program components by utilizing a variety of print and electronic media.
▪ Explore additional incentives and/or program components that will further support the development ADUs and Junior ADUs.
▪ Maintain an ADU monitoring program that tracks ADU development, including affordability levels and deed-restricted affordable units.
▪ Conduct a mid -cycle review of ADU development within the 2021 -2029 planning period to evaluate if the City is achieving its production estimates.
Policy Action 1.10: Lot Consolidation and Small -Lot Subdivision . Incentives including flexible development standards (e.g., setbacks, lot coverage, parking) and reduced fees. The City currently has a Planned Residential - Infill (PRD-I) zone which is intended to provide development standards for vacant or underutilized properties located within existing residential neighborhoods or sites identified in the General Plan as appropriate for residential development. Development standards are established based on the type of street or streets on which the site is located and utilize a combination of Building Types and Frontage Types specific to compact development and/or smaller lot subdivisions. The City will evaluate this ordinance to determine effectiveness, up date as necessary and promote to developers to utilize to further small lot subdivisions, where appropriate.
Policy Action 1.11: Streamlined Permit Review. The City currently has a Planned Residential - Infill (PRD-I) zone which is intended to provide development standards for vacant or underutilized properties located within existing residential neighborhoods or sites identified in the General Plan as appropriate for residential development. Development standards are established based on the type of street or streets on which the site is located and utilize a combination of Building Types and Frontage Types to ensure a quality development compatible with its surroundings. The Building and Frontage types are designed to accommodate more context appropriate compact development and/or smaller lot
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-10
subdivisions. The City will evaluate this ordinance to determine effectiveness, update as necessary and promote to developers to utilize to further small lot subdivisions, where appropriate.
Appendix G: Bicycle Master Plan. The Bicycle Master Plan provides goals, policies, and actions in conjunction with the City’s General Plan . The plan meets the requirements of Section 891.2(a) through (k) of the Streets and Highways Code. In summary, the Bicycle Master Plan elevates prior planning efforts, recognizes that bicycling is a means of mobility, and sets priorities for the creation o f a complete and safe bicycle network. For discussion on consistency with the City’s Bicycle Master Plan, see Section 4.11, Transportation, of this Draft PEIR.
Appendix H: Climate Action Plan. In order to address the global climate change, the City prepared a Climate Action Plan (CAP), which provides a framework for reducing GHG emissions. The CAP recommends GHG emissions targets consistent with the State’s reduction targets and presents strategies to meet the recommended targets. The CAP also suggests best practices for implementation and makes recommendations for measuring progress. The CAP is intended to address the main sources of the emissions that cause climate change, which include emissions from the energy consumed in buildings and for transportation, as well as the solid waste sent to landfills. The purpose of the CAP is to guide the development, enhancement, and ultimately the implementation of actions that will reduce the City’s GHG emissions by 15 percent below existing levels. For discussion on consistency with the City’s Climate Action Plan, see Section 4.2, Greenhouse Gas Emissions, of this Draft PEIR.
Appendix I: Local Hazard Mitigation Plan . The Local Hazard Mitigation Plan (LHMP) provides a comprehensive assessment of the threats that Fullerton faces from natural and human -caused hazard events and a coordinated strategy to reduce these threats. It identifies resources and information that can help community members, City staff, and local officials understand local threats and make informed decisions. The LHMP also support s increased coordination and collaboration between the City, other public agencies, local employers, service providers, community members, and other key stakeholders. For discussion on consistency with the City’s Local Hazard Mitigation Plan, see Section 4.3, Hazards and Hazardous Materials, of this Draft PEIR.
Municipal Code
Title 15, Zoning, of the City’s Municipal Code includes regulations concerning where and under what conditions various land uses may occur in the City. It also establishes zone -specific height limits, setback requirements, and other development standards, for residential, mixed-use, commercial, industrial, and all other types of sites. The Zoning Code is a primary tool for implementing the City’s General Plan. The purpose of the Zoning Code is to encourage, classify, designate, regulate, and restrict the highest and best locations and uses of buildings and structures, for residential, commercial, and industrial or other purposes. Applicable sections of the Zoning Code include Chapter
15.17 (Residential Zone Classifications), Chapter 15.30 (Commercial Zone Classifications), Chapter 15.21 (Specific Plan Districts [SPD] Zone), Chapter 15.47 (Site Plan Review), and Chapter 15.72 (Amendments).
Chapter 15.17 (Residential Zone Classifications) . As detailed further in this section, it is assumed that the City’s existing R-5 (Maximum Density, Multiple Residential) zone is an appropriate equivalent to the proposed Program .
R-5 is designed for high-rise apartments and condominiums to meet the specialized needs for high-density housing.
Permitted uses in the R-5 zone are listed in Section 15.17.020 of the Zoning Code.
Chapter 15.30 (Commercial Zone Classifications). Similar to R-5, the proposed Program would allow for commercial land uses, which would be equivalent to the C-3 (Central Business District Commercial) zone. The C-3 zone is intended to provide for a highly concentrated business district that includes mixed residential and commercial use, primarily for the downtown area. Permitted uses in the C-3 zone are listed in Section 15.30.030.3 of the Zoning Code.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-11
Chapter 15.21 (Specific Plan Districts [SPD] Zone). Across the City there are specific plans which regulate land use and development at localized level. Specific plans are used to ensure that multiple property owners and developers adhere to a common plan or coordinate multiple phases of a long-term development. Specific plans must also be consistent with the General Plan goals and policies. In Fullerton, a Specific Plan District (SPD) is a zoning classification which governs standards and uses for a larger area of land. SPD zoning provides for the establishment of physical development standards and regulations for land uses that may be unique to the particular area. These standards and regulations can include such things as lot sizes, building separation distances, land use, parking standards, and open/recreational space. There are 21 SPDs in the City ranging from a focus on mixed use, residential, or commercial development (City of Fullerton 2023b). However, none of the City’s existing SPDs overlap with the proposed Planning Area.
Chapter 15.47 (Site Plan Review) . This chapter of the Municipal Code facilitates compliance with development standards for the following types of projects:
▪ Any new use of vacant land.
▪ New construction, rehabilitation which alters the exterior facade, or expansion of more than 25 percent of the existing square footage in any commercial or industrial zone classifications. ▪ New construction, rehabilitation which alters the street -facing elevation, or expansion of more than 50 percent of the existing square footage in a residential zone. ▪ The construction of a new second floor addition regardless of the square footage in a residential zone. ▪ New construction, alteration, expansion, or demolition in the residential preservation zone classifications when required by Section 15.17.060 of Title 15.
▪ New construction, alteration, expansion, or demolition in Landmark Districts; or in the Central Business District when design review is required by the Central Business District Design Guidelines. ▪ New construction, alteration, expansion, or demolition involving a Historical Landmark or Significant Property as required by Chapter 15.48 of Title 15.
▪ A subdivision of land pursuant to Title 16.
Chapter 15.72 (Amendments). Amendments to the Zoning Code may be initiated by a verified application of one or more owners of property proposed to be changed or reclassified, a Resolution of Intention by the City Council, and a Resolution of Intention of the Planning Commission.
4.5.3 Thresholds of Significance
The significance criteria used to evaluate the project impacts to land use and planning are based on Appendix G of the CEQA Guidelines. According to Appendix G of the CEQA Guidelines, a significant impact related to land use and planning would occur if the project would:
1. Physically divide an established community.
2. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.
Based on the results of the Initial Study (Appendix A), the Program would result in less than significant impacts related to physically dividing an established community. As such, the following threshold is evaluated within this section for the Program:
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-12
LU-1. Would the Program cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
4.5.4 Impacts Analysis
LU-1. Would the Program cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? As described in Chapter 3, Project Description, the proposed Program is an identified strategy in the City’s Housing Element Update consisting of a zoning overlay on parcels with a non-residential underlying zoning designation. Implementation of the proposed Program would require the establishment of a new chapter within the Zoning Code necessary to include provisions for review and inclusion, approval processes, affordable housing requirements, permitted uses, and development standards for the Housing Incentive Overlay Zone.
Similarly, the Program requires amendments to Citywide Development Standards for multi -family zoning classifications and mixed -use zoning classifications. Moreover , the Program requires a General Plan Amendment to ensure consistency with the proposed Program for parcels designated with restrictive land uses.
Implementation of the proposed Program does not include or propose any site -specific development that could directly result in construction or operational impacts to the environment. However, implementation of the Program would encourage development in a manner consistent with the proposed land use and zoning changes, which would facilitate future development throughout the City. Therefore, this Draft PEIR does not assess the site-specific construction and operation details of each future development within the Planning Area. Rather, it assesses the impacts associated with changes to existing land uses and the associated overall effects of buildout of the proposed Program, where reasonably foreseeable physical changes to the environment could occur. Analysis at a parcel or site -specific level was not conducted because, unless otherwise noted within this assessment, the actual locations of project development (and its chronologic sequence or concurrence) that may be implemented in the future are speculative.
This section of the Draft PEIR analyzes impacts related to land use and conflicts with applicable planning documents. As stated in CEQA Guidelines Section 15382, a conflict would not result in a significant impact unless it would result in an adverse physical change to the environment. The following evaluation assesses the potential for the Program to interfere with land use plans and regulations adopted for the purpose of avoiding or mitigating an environmental effect such that significant environmental effects would result. This section focuses on direct land use impacts. Indirect impacts are secondary effects resulting from land use policy implementation and are generally addressed in other topical sections of this Draft EIR. For example, air impacts resu lting from increased vehicle trips as a result of reasonably anticipated development are discussed in Section 4. 1, Air Quality, of this Draft PEIR; transportation impacts resulting from VMT associated with increased development facilitated under the propos ed Program are discussed in Section 4.11, Transportation, of this Draft PEIR.
To evaluate the Program’s impacts related to land use and planning, this analysis examines the Program’s potential to conflict with both regional and local plans, policies, and regulations that regulate land uses within the Planning Area. These plans are as follows:
▪ SCAG’s Connect SoCal
▪ City of Fullerton General Plan
▪ City of Fullerton Municipal Code
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-13
Connect SoCal
SCAG’s Connect SoCal is a regional growth -management strategy that targets per capita GHG reduction from passenger vehicles and light-duty trucks in the Southern California region. Connect SoCal incorporates local land use projections and circulation networks in city and county general plans. Typically, consistency with Connect SoCal would occur if a project does not exceed the underlying growth assumptions within Connect SoCal. As discussed in Section 4.8, Population and Housing, the Program would facilitate housing growth and associated population growth regionally within Orange County. As shown in Table 4.8 -11, the Program-related growth of 103,619 additional residents would be approximately 2.9% of the planned buildout for Orange County in the year 2045. As such, the Program-related growth would be within growth projections when compared to SCAG’s Connect SoCal’s buildout for the County. Thus, the Program-related buildout would not represent substantial population growth on a regional scale.
As demonstrated in Table 4. 5-1, the Program would be consistent with the guiding principles, goals, and policies of SCAG’s Connect SoCal. Implementation of the proposed Program would facilitate housing growth within the City and would thereby alleviate urban sprawl in the region. The major goals of the Connect SoCal are outlined in Table 4.5-1, along with a conflict evaluation with the proposed Program.
Table 4.5-1. Connect SoCal Conflict Evaluation
Goal s Conflict Evaluation
Goal 1 Encourage regional
economic prosperity
and global
competitiveness.
No Conflict. The Program would facilitate housing growth within the City and result in associated population growth in compliance with the City’s Housing Element Update. The City’s housing inventory does not currently contain sufficient sites with appropriate zoning to accommodate the assigned share of regional housing need for the 6th RHNA Cycle. To address the shortfall of sites, the City has identified the proposed Program to add housing capacity. Implementation of the proposed Program would also support regional economic development with the incorporation of new commercial uses associated with future residential development projects.
Although the Program would likely facilitate the loss of approximately 11,139 jobs due to the future redevelopment of parcels, the Program would result in approximately 4,979 new jobs associated with the proposed commercial uses. Thus, the Program would result in a net loss of 6,160 jobs (see Section 4.8, Population and Housing, of this Draft PEIR). As such, the County’s jobs-housing ratio would reduce from 1.34:1 to 1.31:1, as further detailed in Section 4.8, Population and Housing. Thus, the Program would facilitate positive environmental effects by creating a balance between employment and housing in close proximity within the County.
Additionally, the Program’s methodology included parcels based on their current underutilization of land. For example, these parcels are either vacant or the development is outdated and has a likelihood of redevelopment in the near-term. Given this, allowing housing development on these parcels encourages the highest and best use for the Planning Area. Therefore, the Program would not conflict with this goal.
Goal 2 Improve mobility,
accessibility, reliability,
and travel safety for
people and goods.
No Conflict. The Program is primarily proposed along transportation corridors, such as Commonwealth Avenue and Chapman Avenue.
Furthermore, the Program is based on a methodology in which parcels were included if they were within high-quality transit areas, defined by SCAG as areas within one-half-mile of major transit stops and high-quality transit corridors. Therefore, the Program would result in future development which
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-14
Table 4.5-1. Connect SoCal Conflict Evaluation
Goal s Conflict Evaluation
would increase transit accessibility of jobs and services within the City. In addition, proposed development standards implemented under the Program would allow for mixed-use developments, bringing residential development in proximity with office and commercial uses, thereby reducing travel demands for people. Further, the Program would result in development standards consistent with the City’s existing Zoning Code, supporting bicycle parking and storage for multi-modal access and connectivity. For these reasons, the Program would not conflict with this goal.
Goal 3 Enhance the
preservation, security,
and resilience of the
regional transportation
system.
No Conflict. Similar to the discussion within Goal 2, the Program would facilitate housing growth within the City, including existing corridors along Commonwealth Avenue and Chapman Avenue, for example. Connectivity with these corridors to transportation hubs such as the Fullerton Transportation Center with service by Metrolink, Amtrak, and the Orange County Transportation Authority would support the use of the existing transit system and would provide an enhancement to the existing transit system. The Program would not otherwise alter or affect the security or resilience of the regional transportation system. Therefore, the Program would not conflict with this goal.
Goal 4 Increase person and
goods movement and
travel choices within
the transportation
system.
No Conflict. One of the Program objectives is to provide for a diversity of neighborhoods, residential densities, and housing types within opportunity areas and near local amenities to meet the needs of the community, thereby supporting the placement of residential uses in areas well served by transit and within walking distance to amenities. As such, the Program would increase access to transit and increase the ability of people using the transit infrastructure. Therefore, the Program would not conflict with this goal.
Goal 5 Reduce greenhouse
gas emissions and
improve air quality.
No Conflict. Implementation of the proposed Program would result in additional housing units in the City. As further detailed in Section 4.8, Population and Housing, the jobs-housing ratio as a result of the Program would be 0.66:1 and considered a housing-rich community. SCAG defines a balanced community with a ratio of 1.0 to 1.29 jobs per household. Thus, the Program would reverse the City’s existing slightly jobs-rich ratio.
Although locally the Program would facilitate substantial unplanned population growth, regionally the Program would facilitate positive environmental effects (e.g., reduce GHG emissions and improve air quality) by creating a balance between employment and housing in close proximity within the County and reducing VMT. See Section 4.1, Air Quality, and Section 4.2, Greenhouse Gas Emissions, of this Draft PEIR for more details.
Therefore, the Program would not conflict with this goal.
Goal 6 Support healthy and
equitable
communities.
No Conflict. The Program would incorporate land use and zoning changes to increase residential capacity within the City to meet RHNA goals, including affordable housing. The Program’s methodology is designed to promote affirmatively furthering fair housing policies by including areas identified within the California Tax Credit Allocation Committee (TCAC)/HCD Opportunity Areas to support positive economic, educational, and health outcomes for low-income families. In addition, parcels were included if they are within high-quality transit areas. Furthermore, parcels were discouraged from inclusion when identified within known local hazard zones, such as airport impact zones, inundation hazard zones, flood hazard zones, fire
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-15
Table 4.5-1. Connect SoCal Conflict Evaluation
Goal s Conflict Evaluation
hazard zones, landslide hazard zones, earthquake fault hazard zones, liquefaction hazard zones, and oil and gas hazard zones. For these reasons, the Program would not conflict with this goal.
Goal 7 Adapt to a changing
climate and support
an integrated regional
development pattern
and transportation
network.
No Conflict. Implementation of the proposed Program would include development standards for future development projects within the Planning Area. These regulations would be consistent with existing provisions found within the City’s Municipal Code, including but not limited to electric vehicle (EV) charging parking spaces and energy-efficient building features in compliance within the California Building Code. Similar to the discussion above under Goal 5, the Program would facilitate housing growth in the County, which would support a balance between employment and housing within the region and reduce VMT. Therefore, the Program would not conflict with this goal.
Goal 8 Leverage new
transportation
technologies and data-
driven solutions that
result in more efficient
travel.
No Conflict. The Program would include development standards consistent with existing provisions found within the City’s Municipal Code, including but not limited to bicycle parking and storage facilities. In addition, the Planning Area is proposed along corridors with access to existing transit, which would encourage residents of future development projects to use alternative modes of transportation (as opposed to single-occupancy vehicles); this in turn would support more efficient travel in the area. The Program would not otherwise alter or affect the use of new transportation technologies and data driven solutions to provide more efficient travel.
Therefore, the Program would not conflict with this goal.
Goal 9 Encourage
development of
diverse housing types
in areas that are
supported by multiple
transportation options.
No Conflict. One of the Program objectives is to provide for a diversity of neighborhoods, residential densities, and housing types within opportunity areas and near local amenities to meet the needs of the community, thereby supporting the placement of residential uses in areas well served by transit and within walking distance to amenities. Therefore, the Program would not conflict with this goal.
Goal
10 Promote conservation
of natural and
agricultural lands and
restoration of habitats.
No Conflict. The parcels within the Planning Area are located in a highly urbanized area away from existing agricultural lands and natural habitat.
The Program would not facilitate development that would encroach upon agricultural lands and natural habitat. (See the Chapter 5, Other CEQA Considerations, for more discussion regarding agricultural and biological resources.) Therefore, the Program would not conflict with this goal.
Source: SCAG 2020a.
As shown in Table 4. 5-1, the Program would not conflict with the goals of Connect SoCal. Given this, the Program would not conflict with the applicable goals adopted for the purpose of avoiding or mitigating an environmental effect. Impacts would be less than significant. No mitigation is required.
General Plan
As stated under Section 4.5.2, Relevant Plans, Policies, and Ordinances, above, the proposed Program is identified within the City’s Housing Element Update as a strategy for meeting regional housing goals.
Implementation of the proposed Program would supplement the shortfall of sites by permitting a property owner to develop multi-family housing on a parcel with a non-residential underlying zoning classification in
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-16
exchange for providing a specified percentage of deed -restricted affordable housing units. Therefore, the creation and implementation of the proposed Program is explicitly required by an element of the General Plan.
Additionally, as mentioned above, a conflict would not result in a significant impact unless it would result in an adverse physical change to the environment. Given that the proposed Program is explicitly identified in the Housing Element Update, the analysis contained within this Draft PEIR incorporates the City’s General Plan PEIR’s mitigation measures as conditions of approval (COAs).
For the purposes of this environmental analysis, assumptions of the Program’s buildout were required to determine the maximum potential environmental effects required under CEQA. The General Plan assumed buildout scenarios for each land use designations by est ablishing minimum and/or maximum density or intensity standards. It is assumed the City’s existing High Density Residential land use designation is an appropriate equivalent for the proposed Program. However, the General Plan only specifies a minimum density of 28.1 du/ac and no maximum is identified. As discussed in Chapter 3, Project Description, an assessment of the Planning Area’s location within Focus Areas was made to determine an appropriate equivalent for an assumed maximum density. The Planning Area includes parcels within each of the General Plan’s Focus Areas, with the exception of Focus Area F, Transportation Center. As a result of the analysis, a maximum density of 60 du/ac is the assumed for the proposed Program (see Section 3.5.1, Methodology, for more discussion).
However, parcels within the Planning Area contain existing land use designations (e.g., Commercial, Industrial, Office, and Religious Use) which restrict the development of residential uses. Implementation of the proposed Program would not include a General Plan Amendment to ensure existing underlying zoning designations are consistent with existing General Plan designations on Planning Area parcels. Rather , a General Plan Amendment is proposed to allow residential uses on select parcels with restrictive land use designations. Similarly, the proposed Program would require consistency with development standards that specify a maximum residential density on site. The Greenbelt Concept includes development standards, such as a maximum density of 3 du/ac. Thus, the Program would require a General Plan Amendment to ensure consistency with HIOZ’s allowable density proposed on select parcels within the Planning Area.
Moreover, parcels with Low Density Residential and Medium Density Residential land use designations would require a General Plan Amendment to make the respective maximum densities of 6 du/ac and 28 du/ac consistent with the proposed Program.
Finally, an evaluation of potential conflicts between the applicable goals and policies of the General Plan and proposed Program is provided in Table 4.5-2. As shown below, the Program would not conflict with applicable goals and policies of the General Plan.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-17
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Chapter 1 : Community Development and Design
Goal
1 Resilient and vital neighborhoods No Conflict. The proposed Program would facilitate future development of additional housing within the City in compliance with the City’s Housing Element in order to meet the City’s RHNA for the 6th Cycle. Future development projects under the Program would comply with proposed development standards outlined in the Municipal Code, which would be consistent with existing land use regulations and reduce environmental effects. As such, implementation of the Program would not conflict with this goal.
Policy
1.1 Regional Coordination. Support regional and subregional efforts to create a strong sense of place and support the efficient use of land.
No Conflict. The Program is identified as a strategy under the City’s Housing Element to achieve the City’s fair share allocation of regional housing needs for the planning period between October 2021 and October 2029 (i.e., the 6th RHNA Cycle). The Program is proposed on existing non-residential underlying zoning designations to facilitate housing production. As such, implementation of the Program would not conflict with this policy.
Policy
1.2 Subregional Coordination. Support projects, programs and policies to promote compatibility and mutually beneficial built
environments and land uses with adjacent jurisdictions and other agencies.
No Conflict. Similar to the discussion provided above for Policy 1.1, compliance with State Housing Law is required by all jurisdictions adjacent to the City and within the SCAG region. Moreover, the City, as the lead agency, hosted a CEQA Scoping Meeting, required under Public Resources Code Section 21083.9, which solicited comment with State, regional, and local jurisdictions. As a result, State and regional agencies, such as the California Department of Transportation (Caltrans) District 12, the State Department of Toxic Substance Control, and the Orange County Transportation Authority commented on the NOP for the proposed Program. See Table 2-1. Notice of Preparation and Comment Letters Summary, for details on the comment letters and how this Draft PEIR addresses environmental topic issues raised. Given this, the Program would not conflict with this policy.
Policy
1.3 Protection and Restoration of Natural Resources. Support projects, programs, policies and regulations to protect, and where appropriate restore, the natural landscape, topography, drainage ways, habitat, and other natural resources when planning improvements to existing and new neighborhoods and districts No Conflict. The Program would result in future residential and mixed-use development throughout the City. As demonstrated throughout this Draft PEIR, the Program’s potential impacts to aesthetics, biological resources, geology and soils, and hydrology and water quality have been analyzed.
See Section 4.4, Hydrology and Water Quality, and Chapter 5, Other CEQA
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-18
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Considerations, of this Draft PEIR for more discussion. As such, the Program would not conflict with this policy.
Policy
1.4 Connection and Integration of Uses. Support projects, programs and policies to improve connections between housing, shops, work places, schools, parks and civic facilities, and integrate uses where possible and appropriate.
No Conflict. The Program would result in future residential and mixed-use development throughout the City. As described further in Chapter 3, Project Description, of this Draft PEIR, the proposed Program is based on a methodology in which parcels Citywide were analyzed and either removed from or considered for inclusion in HIOZ based on a variety of criteria. In summary, four specific criteria were considered when identifying eligible parcels for the inclusion in HIOZ: economic viability, location within opportunity areas, location outside of local hazard zones, and adjacent to local amenities. Given this, the Program would not conflict with this policy.
Policy
1.5 Maintenance and Improvement of Existing Built Environment.
Support projects, programs, policies and regulations to maintain positive attributes of the built environment and seek continual improvement.
No Conflict. Similar to the discussion provided for Policy 1.4, the Program would likely result in redevelopment of underutilized land. In fact, as stated above, one of the screening criteria for selecting parcels within the Planning Area is economic viability, in which consideration was made for parcels that are most likely to be redeveloped given their current underutilization of land. For example, these parcels are either vacant or the development is outdated and has a likelihood of redevelopment in the near-term. As such, the Program would not conflict with this policy.
Policy
1.6 Protection of Employment Areas. Support projects, programs, policies and regulations to evaluate and consider short- and long- term impacts of the conversion of manufacturing and industrial lands and employment centers on the City
Partially Conflict. The Program would apply an overlay zone to parcels across the City, including parcels with existing underlying zoning designations for industrial uses. In addition, the Planning Area includes parcels with existing industrial uses totaling approximately 1.2 million square feet of structures zoned M-G (Manufacturing General), approximately 890,000 square feet zoned M-P (Manufacturing Park, 100k), and approximately 783,000 square feet zoned M-P
(Manufacturing Park, 200k). For more information on existing conditions, see Table 3-1, Existing Conditions per Zoning Designations. Although the proposed Program would allow for additional land uses (i.e., residential and mixed-use development), the HIOZ designation would overlay the existing underlying zoning designation and not result in a change in zone.
As such, the Program would not conflict with this policy.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-19
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
However, the City’s General Plan states the Industrial land use designation (also referred to as Community Development Type) should not be located adjacent to a residential neighborhood or center without substantial buffers (City of Fullerton 2012c). As such, implementation of the proposed Program would require a General Plan Amendment to allow residential land uses within and adjacent to Industrial-designated areas.
Given this, the Program would partially conflict with this policy.
Policy
1.7 Development that Supports Mobility. Support projects, programs, policies and regulations to promote a development pattern that encourages a network of multi-modal transportation options.
No Conflict. Future development projects under the Program would comply with proposed development standards outlined in the Municipal Code, and would include provisions related to parking, vehicle site access, and alternative modes of transportation (i.e., bicycles). Moreover, the Program would not result in physical changes to the City’s existing transportation network. Implementation of the Program would not conflict with this policy. See Section 4.11, Transportation, of this Draft PEIR for more discussion.
Policy
1.8 Consideration of Neighborhood Impacts. Support projects, programs, policies and regulations to evaluate and consider short- and long-term impacts of significant planning efforts or developments on nearby neighborhoods.
No Conflict. As demonstrated throughout this Draft PEIR, the potential impacts to the environment, including nearby neighborhoods, is analyzed in compliance with CEQA. Moreover, the City, as the lead agency, hosted a CEQA Scoping Meeting, required under Public Resources Code Section 21083.9, which solicited comment from stakeholders, including the general public. As a result, City residents, for example, commented on the NOP for the proposed Program. See Table 2-1. Notice of Preparation and Comment Letters Summary for details on the comment letters and how this Draft PEIR addresses environmental topic issues raised. Given this, the Program would not conflict with this policy.
Policy
1.9 Housing Choice. Support projects, programs, policies and regulations to create housing types consistent with market demand for housing choice.
No Conflict. The proposed Program would facilitate future development of housing within the City in compliance with the City’s Housing Element.
Future development projects under the Program would comply with proposed development standards outlined in the Municipal Code, including high-density residential. The Program is identified as a strategy under the City’s Housing Element to achieve the City’s fair share allocation of regional housing needs for the planning period between October 2021 and October 2029 (i.e., the 6th RHNA Cycle). Given this, the Program includes an affordable housing requirement to meet specific
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-20
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
income-level housing needs. As such, implementation of the Program would not conflict with this policy.
Policy
1.10 Focus Area Planning. Support projects, programs, policies and regulations to evaluate ways to contribute to the resiliency and vitality of neighborhoods and districts as part of community-based planning of Focus Areas.
No Conflict. As discussed in Chapter 3, Project Description, of this Draft PEIR, an assessment of the Planning Area’s location within Focus Areas was made to determine an appropriate equivalent for an assumed maximum density. The Planning Area includes parcels within each of the General Plan’s Focus Areas, with the exception of Focus Area F, Transportation Center. As a result of the analysis, a maximum density of 60 du/ac is the assumed for the proposed Program, consistent with the City’s Focus Areas (see Section 3.5.1, Methodology, for more discussion).
As such, no conflict with this policy.
Policy
1.11 Compatibility of Design and Uses. Support programs, policies and regulations to consider the immediate and surrounding contexts of projects to promote positive design relationships and use compatibility with adjacent built environments and land uses, including the public realm.
No Conflict. The proposed Program would facilitate future development of additional housing within the City in compliance with the City’s Housing Element in order to meet the City’s RHNA for the 6th Cycle. Future development projects under the Program would comply with proposed development standards outlined in the Municipal Code, which would be consistent with existing land use regulations and reduce environmental effects. Moreover, impacts related to aesthetics were determined to be less than significant. For discussion related to visual compatibility, see Chapter 5, Other CEQA Considerations, of this Draft PEIR. As such, no conflict with this policy.
Policy
1.12 Energy- and Resource-Efficient Design. Support projects, programs, policies and regulations to encourage energy and resource efficient practices in site and building design for private and public projects.
No Conflict. The proposed Program would facilitate future development of additional housing within the City in compliance with the City’s Housing Element. Future development projects under the Program would comply with proposed development standards outlined in the Municipal Code.
Moreover, issues related to energy- and resource-efficient design would be required by existing regulations (e.g., CalGreen). As such, the Program would not conflict with this policy.
Policy
1.13 Universal Design. Support projects, programs, policies and regulations to produce buildings and environments that are inherently accessible to people of all abilities.
No Conflict. The proposed Program would facilitate future development of additional housing within the City in compliance with the City’s Housing Element. Future development projects under the Program would comply with proposed development standards outlined in the Municipal Code.
Moreover, issues related to accessibility and universal design would be required by existing regulations (e.g., the Americans with Disabilities Act).
As such, the Program would not conflict with this policy.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-21
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Goal
2 A positive identity and distinctive image No Conflict. Development standards, including design, are proposed as part of this Program. Moreover, potential impacts related to aesthetics are analyzed in Chapter 5, Other CEQA Consideration, of this Draft PEIR.
Less than significant impacts would occur. As such, the Program would not conflict with this goal.
Policy
2.2 Distinctive and Memorable Places. Support projects, programs, policies and regulations to promote distinctive, high-quality built environments whose form and character respect Fullerton’s historic, environmental and architectural identity and create modern places that enrich community life and are adaptable over time.
No Conflict. Similar to the discussion provided in Goal 2, the Program includes proposed development standards for implementation of future residential and mixed-use development. Moreover, as demonstrated in this Draft PEIR, impacts to cultural resources (including historical resources) were found to be less than significant. See Chapter 5, Other CEQA Considerations, for more discussion. Given this, the Program would not conflict with this policy.
Policy
2.3 Distinctive Landmarks. Support projects, programs, policies and regulations to preserve existing landmarks and encourage the creation of new landmarks that reinforce Fullerton’s identity and image.
No Conflict. See discussion for General Plan Policy 2.2.
Policy
2.4 Sense of Place. Support projects, programs, policies and regulations to reinforce the character and sense of place of established neighborhoods and districts by preserving and enhancing the attributes which contribute to neighborhood and district identity, vitality and livability.
No Conflict. See discussion for General Plan Goal 2 and Policy 2.2.
Policy
2.6 Focus Area Planning. Support projects, programs, policies and regulations to create a positive identity and distinctive image as part of community-based planning of Focus Areas.
No Conflict. As detailed in Section 3.5.1, Methodology, a maximum density was assumed for the purposes of analyzing the proposed Program’s environmental impacts. This methodology is based in-part on the prevalence of the High Density Residential land use designation within the City’s Focus Areas. Given this, the Program would not conflict with this policy.
Policy
2.7 Relationship to Street. Support projects, programs, policies and regulations to site and design buildings to create a positive, accessible image along the street and reinforce a vibrant and comfortable public realm.
No Conflict. Future development projects under the Program would comply with proposed development standards outlined in the Municipal Code, and would include provisions related to open space and site access. Moreover, the Program would not result in physical changes to the City’s existing transportation network. Implementation of the Program would not conflict with this policy. See Section 4.11, Transportation, of this Draft PEIR for more discussion.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-22
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Policy
2.8 Responsiveness to Context. Support projects, programs, policies and regulations to respect the local context, including consideration of cultural and historic resources, existing scale and character and development patterns of the surrounding
neighborhood or district.
No Conflict. See discussion for General Plan Policy 2.2. In addition, impacts related to aesthetics were determined to be less than significant.
For discussion related to visual compatibility, see Chapter 5, Other CEQA Considerations, of this Draft PEIR. As such, no conflict with this policy.
Chapter 2: Housing
Goal
3 A supply of safe housing ranging in cost and type to meet the needs of all segments of the community.
No Conflict. The Program’s objectives include the following: Incorporate land use and zoning changes to increase residential capacity within the City to meet Regional Housing Needs Allocation goals, including affordable housing; Provide for a diversity of neighborhoods, residential densities, and housing types within opportunity areas and near local amenities to meet the needs of the community; and Identify sites that are most likely to be redeveloped given their current underutilization of land.
As such, the Program is designed to meet this goal. No conflict would occur.
Housing Element (City of Fullerton 2021)
Goal
1 Increase the supply of affordable housing in high opportunity areas.
No Conflict. Similar to the discussion provided for Goal 3, above, the Program includes the following objective: Promote positive economic, educational, and health outcomes for current and future residents of Fullerton by including areas identified within the California Tax Credit Allocation Committee / Housing and Community Development Opportunity Areas. As such, the Program is designed to meet this goal. No conflict would occur.
Goal
2 Prevent displacement of low- and moderate-income residents with protected characteristics, including Hispanic residents, Vietnamese residents, other seniors, and people with disabilities.
No Conflict. As further detailed in Chapter 5, Other CEQA Considerations, the Program facilitate the future development of residential uses within the Planning Area. In the event future development is proposed where existing non-conforming residential uses exist, the Program would indirectly result in potential displacement of existing housing or people.
However, the Program’s implementation would be gradual through 2029.
Buildout of the Program would require the demolition and construction, or renovation, of existing properties that are occupied. The temporary displacement of some residents due to redevelopment of existing non- conforming residential properties would occur throughout the Planning
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-23
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Area. Moreover, the Program would implement land use and zone changes to accommodate development of approximately 35,611 additional dwelling units that are expected to substantially increase the capacity for housing stock in the Planning Area. As such, the Program is not anticipated to permanently displace a substantial number of people.
Given this, the Program would not conflict with this goal.
Chapter 3: Historic Preservation
Goal
4 Value and preserve historic resources. No Conflict. Implementation of the proposed Program would facilitate development of additional housing. Future development projects could impact historic-age structures and historical resources. However, these future projects would be required to comply with General Plan EIR mitigation measures, which have been incorporated as conditions of approval for the proposed Program. For example, COA-CR-1 would require the preparation of a Phase I Cultural Resources Study in the event a property is considered to be sensitive for cultural resources. Upon review and approval of the study, a qualified professional shall identify feasible measures to mitigate potential effects. Compliance with measures like COA-CR-1 would result in less than significant impacts. See Chapter 5, Other CEQA Considerations, of this Draft PEIR for more discussion.
Policy
4.1 Regional Recognition of Historic Resources. Support programs and policies to raise the regional and subregional awareness of Fullerton’s historic resources.
No Conflict. See discussion for General Plan Goal 4.
Policy
4.2 Awareness of Historic Resources. Support programs and policies to raise the awareness of the value of historic resources in strengthening communities, conserving resources, fostering economic development, and enriching lives.
No Conflict. See discussion for General Plan Goal 4.
Policy
4.4 Historic Character and Sense of Place. Support projects, programs, policies and regulations to reinforce the character and sense of place of established neighborhoods and districts by protecting and preserving those elements in both the private and public realms which contribute to the historic character through the use of tools including, but not limited to, preservation overlay zones and landmark districts.
No Conflict. See discussion for General Plan Goal 4.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-24
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Policy
4.5 Historic Building Preservation. Support projects, programs, policies and regulations to encourage the protection and preservation of individual historic structures throughout the City, but with particular attention to the preservation of noteworthy architecture in the downtown.
No Conflict. See discussion for General Plan Goal 4. Moreover, although the Program would facilitate the future development of housing projects throughout the Planning Area, these future projects could range in construction and building types, including but not limited to demolition and construction, or renovation, of existing properties. As such, compliance with this policy would be determined on a project-by-project basis. Implementation of the Program would not conflict with this policy.
Policy
4.7 Responsiveness to Historic Context. Support projects, programs, policies and regulations to design new buildings that respect the integrity of nearby historic buildings while clearly differentiating the new from the historic.
No Conflict. See discussion for General Plan Goal 4.
Policy
4.8 Co-Benefits. Support projects, programs, policies and regulations to seek co-benefits along with historic preservation, for example, the provision of affordable housing and/or resource conservation.
No Conflict. See discussion for General Plan Goal 4. In addition, the Program would require a percentage of affordable housing on sites identified for future development. See Chapter 3, Project Description, for more discussion.
Policy
4.9 Historic Building Retrofits. Support projects, programs, policies and regulations to encourage the retrofit of historic buildings in ways that preserve their architectural design character, consistent with life safety considerations, maintaining the unique visual image of Fullerton.
No Conflict. See discussion for General Plan Policy 4.5.
Chapter 4: Mobility
Goal
5 A balanced system promoting transportation alternatives that enable mobility and an enhanced quality of life.
No Conflict. The Program would facilitate the future development of housing throughout the Planning Area, including along existing transportation corridors (e.g., Chapman Avenue and Commonwealth Avenue). Further, development standards are proposed, which would be consistent with the City’s existing Zoning Code, supporting bicycle parking and storage for multi-modal access and connectivity. Implementation of the Program would not conflict with this goal.
Policy
5.1 Circulation Between Cities. Support regional and subregional efforts to implement programs that coordinate the multi-modal transportation needs and requirements across jurisdictions, including but not limited to the Master Plan of Arterial Highways, the Commuter Bikeways Strategic Plan, the Signal Synchronization No Conflict. Implementation of the Program would not result in the physical division of an establish community, including connectivity between adjacent cities. Additionally, for discussion related to the Program’s consistency with these transportation plans, see Section 4.11, Transportation, of this Draft PEIR. As detailed in Section 4.11, the Program would not conflict with this policy.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-25
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Master Plan, the Orange County Congestion Management Plan, and the Growth Management Plan.
Policy
5.2 Reduction of Single Occupant Vehicle Trips. Support regional and subregional efforts to increase alternatives to and infrastructure supporting reduction of single occupant vehicle trips.
No Conflict. See discussion provided for General Plan Goal 5.
Policy
5.4 Fullerton Municipal Airport. Support projects, programs, policies and regulations to advance the Fullerton Municipal Airport as an important economic asset that provides efficient regional travel for business, commerce and the general public, as well as a base of operations for public safety aviation operations.
No Conflict. The Program would not apply to the Fullerton Municipal Airport. Some parcels identified within the Planning Area are located within the vicinity of the airport. Implementation of future development projects would be required to comply with existing regulations regarding height and land use in proximity to an airport. Given this, the Program would not conflict with this policy.
Policy
5.5 Fullerton Transportation Center. Support projects, programs, policies and regulations to advance the Fullerton Transportation Center as an important economic asset that provides efficient regional travel and mode choice options for business, commerce and the general public.
No Conflict. The Program is not proposed within Focus Area F, Transportation Center; however, parcels within the Planning Area are within the vicinity of the Fullerton Transportation Center. As such, future development projects would result in additional housing which would benefit from the regional transportation options. Given this, the Program would not conflict with this policy.
Policy
5.6 Quality Highways and Roads. Support projects, programs, policies and regulations to operate and maintain a comprehensive network of arterial highways and local roads supporting safe and efficient movement of people, goods and services to, through and within the City.
No Conflict. The Program would facilitate the future development of housing throughout the Planning Area. In addition, development standards are proposed, consistent with the City’s existing Zoning Code, which would support connectivity with the City’s existing network.
Moreover, the Program would not result in physical changes to the City’s roadways. As such, implementation of the Program would not conflict with this policy.
Policy
5.7 Complete Streets. Support projects, programs, policies and regulations to maintain a balanced multi-modal transportation network that meets the needs of all users of the streets, roads and highways – including bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation and seniors – for safe and convenient travel in a manner that is suitable to the suburban and urban contexts within the City.
No Conflict. See discussion provided for General Plan Goal 5.
Policy
5.10 Easements and Rights-Of-Way. Support projects, programs, policies and regulations to use public easements and rights-of-way along No Conflict. See discussion provided for General Plan Goal 5.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-26
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
flood control channels and/or inactive railroads as part of the multi-modal network.
Policy
5.11 Integrated Land Use and Transportation. Support projects, programs, policies and regulations to integrate land use and transportation planning and implementation.
No Conflict. See discussion provided for General Plan Goal 5. In addition, see more discussion within Section 4.11, Transportation, of this Draft PEIR, regarding land use and transportation.
Policy
5.12 Multi-Modal Traffic Analysis. Support programs, policies and regulations to analyze and evaluate urban streets using an integrated approach from the points of view of automobile drivers, transit passengers, bicyclists and pedestrians rather than auto- centric thresholds which conflict with other policies of The Fullerton Plan – including better environments for walking and bicycling, safer streets, increased transit use, cost-effective infrastructure investments, reduced greenhouse gas emissions, and the
preservation of open space.
No Conflict. See discussion provided for General Plan Goal 5. In addition, see more discussion within Section 4.11, Transportation, of this Draft PEIR, regarding land use and transportation.
Policy
5.13 Development-Oriented Transit. Support projects, programs, policies and regulations to encourage transit improvements that incentivize investment and link neighborhoods, while fitting the scale and traffic patterns of the surrounding area.
No Conflict. See discussion provided for General Plan Goal 5. In addition, see more discussion within Section 4.11, Transportation, of this Draft PEIR, regarding land use and transportation.
Policy
5.14 Fair Share of Improvements. Support policies and regulations which require new development to pay a fair share of needed transportation improvements based on a project’s impacts to the multi-modal transportation network.
No Conflict. See discussion provided for General Plan Goal 5. In addition, see more discussion within Section 4.11, Transportation, of this Draft PEIR, regarding implementation of future development projects.
Policy
5.15 Neighborhood and Focus Area Connections. Support projects, programs, policies and regulations to connect neighborhoods via a multi-modal network to each other and to the City’s Focus Areas.
No Conflict. See discussion provided for General Plan Goal 5. In addition, see more discussion within Section 4.11, Transportation, of this Draft PEIR, regarding land use and transportation.
Chapter 5: Bicycle
Goal
6 A bicycle-friendly city where bicycling is a safe and convenient alternative to motorized transportation and a recreational opportunity for people of all ages and abilities.
No Conflict. Implementation of the proposed Program would facilitate the future development of housing throughout the Planning Area, including along existing transportation corridors (e.g., Chapman Avenue and Commonwealth Avenue). Further, development standards are proposed, which would be consistent with the City’s existing Zoning Code, supporting bicycle parking and storage for multi-modal access and connectivity. Implementation of the Program would not conflict with this goal.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-27
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Policy
6.1 Consideration of Bicyclists. Support regional and subregional efforts to ensure bicyclists are considered when developing new or retrofitting existing transportation facilities and systems.
No Conflict. See discussion provided for General Plan Goal 6.
Policy
6.2 Inter-Jurisdiction Connections. Support efforts to maintain, expand and create new connections between the Fullerton bicycle network and the bicycle networks of adjacent cities, Orange County and the region.
No Conflict. The Program would facilitate the future development of housing throughout the Planning Area. In addition, development standards are proposed, consistent with the City’s existing Zoning Code, which would support connectivity with the City’s existing bicycle network.
Moreover, the Program would not result in physical changes to the City’s bicycle network. As such, implementation of the Program would not conflict with this policy.
Policy
6.3 Bicycle Transportation Plan. Support projects, programs and policies to maintain and update as necessary a Bicycle
Transportation Plan prepared and approved pursuant to the California Streets and Highways Code to maintain eligibility for funding for State Bicycle Transportation Account funds.
No Conflict. See discussion provided for General Plan Goal 6.
Policy
6.6 Safe Travel to Key Destinations. Support projects, programs, policies, and regulations to facilitate safe travel by bicycle to key destinations within the community and the larger region.
No Conflict. See discussion provided for General Plan Goal 6.
Policy
6.7 Development Projects. Support projects, programs, policies, and regulations to reduce negative impacts to and increase
opportunities for bicycle users and the bicycle network in private and public development projects.
No Conflict. See discussion provided for General Plan Goal 6.
Policy
6.8 Multi-Tiered Bicycle Network. Support projects, programs, policies and regulations to develop a multi-tiered network of bicycle travel options that consider traffic volumes and rider experience; and which recognizes that all streets should be safe for bicycling.
No Conflict. See discussion provided for General Plan Goal 6.
Policy
6.9 Intersection Safety. Support projects, programs, policies, and regulations to support the safe and efficient movement of bicyclists through and across intersections.
No Conflict. See discussion provided for General Plan Goal 6.
Policy
6.11 Neighborhood and Focus Area Connections. Support projects, programs, policies and regulations to connect neighborhoods via a multi-modal network to each other, and to and through the City’s Focus Areas.
No Conflict. See discussion provided for General Plan Goal 6.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-28
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Policy
6.12 Bicycle Parking and Facilities. Support projects, programs, policies, and regulations to provide convenient bicycle parking and other bicycle facilities in existing and potential high demand locations within the City, such as educational institutions, parks, business districts, transit stops, retail, commercial and employment centers.
No Conflict. See discussion provided for General Plan Goal 6.
Policy
6.13 Design Standards. Support projects, programs, policies and regulations to use recognized bicycle infrastructure design standards of the Federal Highway Administration, California Department of Transportation, and the American Association of State Highway and Transportation Officials, and participate in their pilot studies for alternative designs when appropriate.
No Conflict. See discussion provided for General Plan Goal 6.
Chapter 6: Growth Management
Goal
7 Growth and development aligned with infrastructure capabilities. No Conflict. While the Program-related growth would exceed growth projections when compared to the City’s General Plan buildout, as shown in Table 4.8-10, the Program would not result in growth and development beyond what can be served by existing infrastructure capabilities. See Section 4.13, Utilities and Service Systems, of this Draft PEIR for more discussion.
Policy
7.1 Balanced Decisionmaking. Support regional and subregional efforts to focus growth and development within areas that can be adequately served by existing and planned infrastructure systems.
No Conflict. Similar to the discussion provided under General Plan Goal 7, unplanned growth is growth that is not anticipated under local or regional planning documents, such as Connect SoCal. Implications of this unplanned growth affect other local and regional plans that rely on SCAG and County projections, such as the region’s Air Quality Management Plan (AQMP) and the City’s Urban Water Management Plan (UWMP) (see Sections 4.1, Air Quality, and 4.13, Utilities and Service Systems, of this Draft PEIR for more discussion).
Policy
7.2 Housing Growth. Support projects, programs, policies and regulations to accommodate housing growth consistent with the Regional Housing Needs Assessment in areas of the City with existing and planned infrastructure capabilities
No Conflict. The proposed Program is an identified strategy under the City’s Housing Element designed to achieve the City’s RHNA for the 6th Cycle. Given this, the Program would not conflict with this policy. See Section 4.8, Population and Housing, of this Draft PEIR for more discussion.
Policy
7.3 Infrastructure Planning. Support projects, programs, policies and regulations to plan for appropriate levels and types of No Conflict. The Program does not directly involve infrastructure improvements or infrastructure planning. However, the Planning Area is based on a methodology for parcel selection. Additionally, consideration
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-29
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
infrastructure based on the desired character of each
neighborhood or district.
and consistency with the City’s Focus Areas were made in establishing the Planning Area. As such, the Program would not conflict with this policy.
Policy
7.4 Focus Area Planning. Support projects, programs, policies and regulations to evaluate infrastructure capabilities as part of community-based planning of Focus Areas.
No Conflict. See the discussion provided for General Plan Policy 7.4.
Policy
7.5 Appropriate Development Scale. Support projects, programs, policies and regulations to ensure that development is appropriate in scale to current and planned infrastructure capabilities.
No Conflict. The Program includes proposed development standards to help facilitate the construction of future residential development. The development standards are designed to be consistent with the City’s Municipal Code and regulations for the R-5 zone. Given this, the Program would not conflict with this policy.
Chapter 7: Noise
Goal
8 Protection from the adverse effects of noise. No Conflict. The Program would facilitate the future development of residential and mixed-use development within the Planning Area.
Construction and operational impacts are anticipated during implementation of the Program. In the event a potentially significant impact would occur, mitigation measures would be required to reduce impacts. Moreover, these future projects would be required to comply with the City’s Municipal Code regulating noise. See Section 4.7, Noise, of this Draft PEIR for more discussion. As such, the Program would not conflict with this goal.
Policy
8.1 Noise Reduction Measures. Support regional and subregional efforts to implement projects or programs that abate and/ or attenuate noise across jurisdictions, particularly where the source is not under the City’s authority.
No Conflict. Similar to the discussion provided under General Plan Goal 8, noise reduction measures would be incorporated in compliance with the City’s Municipal Code, where appropriate. The Program would only result in future development projects within the City’s jurisdiction. See Section
4.7, Noise, of this Draft PEIR for more discussion. Given this, the Program would not conflict with this policy.
Policy
8.2 Mobile Sources. Support projects, programs, policies and regulations to control and abate noise generated by mobile sources.
No Conflict. As demonstrated throughout this Draft PEIR, the Program would facilitate future development of residential and mixed-use development within the Planning Area. Vehicle trips are anticipated during construction and operation of these future projects. See Section
4.7, Noise, of this Draft PEIR for more discussion on off-site traffic noise.
Given this, the Program would not conflict with this policy.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-30
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Policy
8.3 Consideration of Noise in Land Use Decisions. Support projects, programs, policies and regulations which ensure noise-compatible land use planning recognizing the relative importance of noise sources in order of community impact, the local attitudes towards these sources, and the suburban or urban characteristics of the environment, while identifying noise sensitive uses.
No Conflict. The proposed Program would facilitate future development of residential and mixed-use development within the Planning Area. These land uses are not typically considered as noise-intensive. Implementation of the proposed Program would facilitate housing growth within areas currently designated as Industrial under the City’s General Plan. The General Plan requires buffers between residential and industrial land use designations. As such, the Program would require a General Plan Amendment to allow residential land uses within and adjacent to Industrial-designated areas. Similarly, for parcels within the Planning Area designated as Commercial, Office, or Religious Use; a General Plan Amendment is required to allow for residential uses on site. See Section
4.7, Noise, of this Draft PEIR for more discussion on land use compatibility and noise. Given this, the Program would not conflict with this policy.
Policy
8.4 Noise Reduction Measures. Support projects, programs, policies and regulations to control and abate noise generated by stationary sources.
No Conflict. The proposed Program would facilitate future development of residential and mixed-use development within the Planning Area. These land uses are not typically considered as noise-intensive. See Section
4.7, Noise, of this Draft PEIR for more discussion on potential noise impacts and incorporation of mitigation measures and provisions within the City’s Municipal Code. As such, the Program would not conflict with this policy.
Policy
8.5 Focus Area Planning Support projects, programs, policies and regulations to evaluate ways to ensure noise-compatible land use planning as part of community-based planning of Focus Areas.
No Conflict. Similar to the discussion provided under General Plan Policy
8.3, the Program does not directly involve infrastructure improvements or infrastructure planning. However, the Planning Area is based on a methodology for parcel selection. Additionally, consideration and consistency with the City’s Focus Areas were made in establishing the Planning Area. As such, the Program would not conflict with this policy.
Policy
8.6 Noise Receptors. Support projects, programs, policies and regulations to permit uses where the noise level of the surroundings—after taking into account noise insulation features and other control techniques of the use—is not detrimental to the use.
No Conflict. See the discussion provided under General Plan Goal 8 and Policy 8.3.
Policy
8.7 Noise Generators. Support projects, programs, policies and regulations to permit uses and/or activities where the noise No Conflict. See the discussion provided under General Plan Goal 8 and Policy 8.3.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-31
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
generated by the use and/ or activity is not detrimental or otherwise a nuisance to the surroundings.
Chapter 9: Redevelopment and Revitalization
Goal
11 Revitalization activities that result in community benefits and enhance the quality of life in neighborhoods, districts, and corridors.
No Conflict. The proposed Program is an identified strategy of the City’s Housing Element. Moreover, parcel selection is based on a methodology in which economic viability was considered. As such, implementation of the proposed Program would facilitate the future development of housing and mixed-use projects throughout the City, thus, resulting in redevelopment and revitalization of existing underutilized land. Given this, the Program would not conflict with this goal.
Policy
11.1 Sustainable Regional Revitalization Efforts. Support regional and subregional efforts pertaining to community revitalization that are rooted in sustainable development principles.
No Conflict. Similar to the discussion provided under General Plan Goal 11, the Program would also result in zoned capacity for housing growth within the City, thereby, resulting in sustainable regional growth by reducing urban sprawl, efficiently using existing infrastructure, reducing regional congestion, and improving air quality through the reduction of vehicle miles traveled. As such, the Program would not conflict with this policy.
Policy
11.2 Community-Based Revitalization. Support projects and programs surrounding community revitalization that are rooted in community- based planning processes that integrate the vision, values, views and priorities of residents, property owners, business owners and other members of the Fullerton community.
No Conflict. The proposed Program is an identified strategy within the City’s Housing Element designed to meet regional and local housing needs for the City. Additionally, the City, as the lead agency, hosted a CEQA Scoping Meeting, required under Public Resources Code Section 21083.9, which solicited comment from the community regarding the proposed Program. See Table 2-1. Notice of Preparation and Comment Letters Summary, for details on the comment letters and how this Draft PEIR addresses environmental topic issues raised. Given this, the Program would not conflict with this policy.
Policy
11.3 Preservation-Based Revitalization. Support policies, projects and programs concerning historic preservation to protect Fullerton’s heritage, revitalize neighborhoods, generate design and construction jobs, and bolster the community’s sense of place.
No Conflict. As demonstrated in this Draft PEIR, impacts to cultural resources (including historical resources) were found to be less than significant. See Chapter 5, Other CEQA Considerations, for more discussion. Given this, the Program would not conflict with this policy.
Policy
11.5 Neighborhood Safety. Support policies, projects, programs and regulations that utilize innovative policing and crime prevention techniques to improve the safety of neighborhoods and districts, No Conflict. The proposed Program would facilitate future development of housing within the Planning Area. The Program includes development standards which would be consistent with provisions in City’s Municipal Code related to safety and crime prevention. See Section 4.9, Public
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-32
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
such as evidence-based policing, community-based policing and Crime Prevention Through Environmental Design (CPTED).
Services, for more discussion related to police protection services. As such, the Program would not conflict with this policy.
Policy
11.6 Brownfield and Grayfield Revitalization. Support policies, projects, programs and regulations that encourage the revitalization of brownfield and grayfield properties to protect the environment, reduce blight and revitalize underutilized properties.
No Conflict. Similar to the discussion provided under General Plan Goal 11, the Program would result in future development on existing underutilized land. As demonstrated in this Draft PEIR, the Program’s potential impacts related to hazards are analyzed. See Section 4.3, Hazards and Hazardous Materials, of this Draft PEIR for more discussion.
Policy
11.9 Focus Area Revitalization Priority Support policies, projects, programs and regulations that prioritize revitalization efforts that are within or adjacent to the City’s Focus Areas.
No Conflict. Parcels within the Planning Area are based on a methodology for selection, in which consideration and consistency with the City’s Focus Areas were made. As such, the Program would not conflict with this policy.
Chapter 10: Public Safety
Goal
12 Proactively addressing public safety concerns. No Conflict. The Program would facilitate future development of housing and mixed-use project within the Planning Area. As demonstrated in this Draft PEIR, potential impacts related to public safety, including policy and fire protection services, are analyzed. See Section 4.9, Public Services, for more discussion. Given this, the Program would not conflict with this goal.
Policy
12.8 Airport Safety Standards. Support policies, projects, programs and regulations that provide for safe and efficient airport operations through compliance with the Fullerton Municipal Airport (FMA) Master Plan and the Airport Land Use Commission for Orange County's Airport Environs Land Use Plan for FMA and the Airport Environs Land Use Plan for Heliports.
No Conflict. The Program would facilitate future development within the vicinity of the Fullerton Municipal Airport. See Section 4.3, Hazards and Hazardous Materials, for more discussion related to airport safety standards.
Policy
12.12 Crime Prevention. Support policies, programs and regulations that implement crime prevention strategies that have demonstrated success, including Crime Prevention Through Environmental Design (CPTED), Crime-Free Multi-Housing, Business Watch; Neighborhood Watch, iWatch and other similar strategies.
No Conflict. The proposed Program would facilitate future development of housing within the Planning Area. The Program includes development standards which would be consistent with provisions in City’s Municipal Code related to safety and crime prevention. See Section 4.9, Public Services, for more discussion related to police protection services. As such, the Program would not conflict with this policy.
Policy
12.13 Safety through Design. Support policies, projects, programs and regulations that make crime prevention and the maintenance of public safety service levels considerations in design and management of existing and new private and public spaces.
No Conflict. See the discussion provided under General Plan Policy
12.12. 4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-33
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Goal
13 Responsive to public safety needs. No Conflict. See the discussion provided under General Plan Goal 12.
Policy
13.1 Inter-City Coordination. Support regional and subregional efforts to:
coordinate as appropriate Continuity of Operations Plan, plans and procedures for Emergency Operations Centers, and emergency response training systems; maintain inter-agency and public communications systems that will provide mutual aid and be reliable during and following an emergency; and, formulate definitive plans and procedures for evacuation of hazard-prone areas and high risk uses.
No Conflict. See the discussion provided under General Plan Goal 12.
Policy
13.2 Adequate Resources for Emergencies. Support policies and programs that ensure adequate resources are available in all areas of the City to respond to health, fire and police emergencies.
No Conflict. See the discussion provided under General Plan Goal 12.
Policy
13.3 Disaster Hazard Reduction. Support policies, projects, programs and regulations that reduce structural and nonstructural hazards to life safety and minimize property damage and resulting social, cultural and economic dislocations resulting from future disasters.
No Conflict. The Program would facilitate the future development of housing throughout the Planning Area. As demonstrated in this Draft PEIR, impacts related to hazards and hazardous materials were analyzed under Section 4.3, Hazards and Hazardous Materials. See Section 4.3 of this Draft PEIR for more discussion. Additionally, as detailed in Chapter 5, Other CEQA Considerations, the Program would result in less than significant impacts related to emergency planning and evaluation.
Implementation of the proposed Program would not interfere with the City’s disaster planning efforts. Given this, the Program would not conflict with this policy.
Policy
13.4 Disaster Risk Reduction. Support programs that promote greater public awareness of disaster risks, personal and business risk reduction, and personal and neighborhood emergency response.
No Conflict. See the discussion provided under General Plan Policy 13.3.
Policy
13.11 Crime Reduction Strategies. Support policies, programs and regulations to create problem-solving strategies and plans for areas with higher crime rates in the City and to reduce crime by implementing these strategies and plans through a range of measures including increased policing activities, neighborhood partnerships and other innovative programs.
No Conflict. See the discussion provided under General Plan Policy
12.12. Chapter 11: Public Health
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-34
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Goal
14 An environment with opportunities for community health and wellbeing.
No Conflict. The Program includes proposed development standards for the incorporation of open space. Moreover, as demonstrated throughout this Draft PEIR, impacts related to public services and recreational facilities are analyzed. See Section 4.9, Public Services, and Section
4.10, Recreation, of this Draft PEIR for more discussion.
Policy
14.5 Opportunities for Physical Activity. Support policies, projects, programs and regulations that provide for convenient and safe areas that facilitate opportunities for physical activity such as parks, trails, open space, safe streets for bicycling, safe sidewalks for walking, and recreational facilities for residents of all ages and abilities.
No Conflict. See the discussion provided under General Plan Goal 14.
Policy
14.6 Amenities Within a Walkable Distance. Support policies and regulations involving land use and zoning changes that would provide access to daily retail needs, recreational facilities, and transit stops within a walkable distance (i.e., a quarter- to a half- mile) of established residential uses.
No Conflict. See the discussion provided under General Plan Goal 14.
Policy
14.7 Accessible Health Service Facilities. Support projects and programs that facilitate private, nonprofit and public health-related organizations’ efforts to provide for a range of health services including large- and small-scale medical facilities, assisted living facilities, and comprehensive healthy living resources in locations that are accessible to residents.
No Conflict. The Program includes parcels based on a methodology for selection, including the location adjacent to local amenities. As such, Planning Area parcels are located nearby St. Jude’s Medical Center, for example. Given this, the Program would not conflict with this policy.
Policy
14.9 Healthy Buildings. Support policies, projects, programs and regulations that encourage buildings to support the health of occupants and users by using non-toxic building materials and finishes, using windows and design features to maximize natural light and ventilation, and providing access to the outdoor environment.
No Conflict. The proposed Program include development standards that would facilitate the construction of new housing and mixed-use projects.
These future projects would be required to comply with existing federal, state, and local regulations governing hazardous materials. See Section
4.3, Hazards and Hazardous Materials, of this Draft PEIR for more discussion.
Chapter 12: Parks and Recreation
Goal
15 Parks, recreational facilities, trails, and programs that promote a healthy community and a desirable quality of life.
No Conflict. As demonstrated throughout this Draft PEIR, the Program would facilitate future development of housing and mixed-use developments throughout the Planning Area. Future occupants would utilize existing parks and recreational facilities within the City. See Section 4.9, Public Services, and Section 4.10, Recreation, of this Draft
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-35
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
PEIR for more discussion on the potential impacts to these services. As such, the Program would not conflict with this goal.
Policy
15.2 Existing Parks and Recreation Resources. Support policies, projects, programs and regulations that preserve, protect, maintain and enhance Fullerton’s existing parks, recreational facilities and trails
No Conflict. See the discussion provided under General Plan Goal 15.
Policy
15.3 Access to Recreation Programs. Support policies, projects, programs and regulations that strengthen access to quality recreation programs which, in turn, promote a sense of community and a higher quality of life for Fullerton residents.
No Conflict. See the discussion provided under General Plan Goal 15.
Policy
15.6 Accessible Citywide Park System. Support policies, programs and regulations that facilitate the planning, design and development of an extensive system of parks (passive and active), recreational facilities, and trails that meets the current needs of Fullerton residents and is accessible and within a 15-minute walking distance (i.e., one-quarter to one-half mile) of every Fullerton resident.
No Conflict. See the discussion provided under General Plan Goal 15.
Policy
15.7 Park-to-Population Ratio. Support projects and programs that contribute to a citywide minimum park-to-population ratio of 4 acres per 1,000 people.
No Conflict. The Program would result in population growth within the Planning Area. The Draft PEIR analyzes the potential impacts to the City’s desired park-to-population ratio. See Section 4.9, Public Services, of this Draft PEIR for more discussion. As such, the Program would not conflict with this policy.
Policy
15.10 Park Dwelling Fee. Support policies and regulations which require new construction of dwelling units in the City to pay a park dwelling fee that provides for the creation and enhancement of open space, parks and recreational facilities accessible to all residents.
No Conflict. The Program would facilitate future development of housing and mixed-use developments throughout the Planning Area. These future projects would be required to comply with the City’s existing fee structures. See Section 4.9, Public Services, and Section 4.10, Recreation, of this Draft PEIR for more discussion. As such, the Program would not conflict with this policy.
Policy
15.16 Relationships to Development Projects. Support projects located adjacent to or near parks and trail facilities that facilitate connections and reinforce a positive relationship between private property and public parks and trails.
No Conflict. See the discussion provided under General Plan Goal 15.
Chapter 13: Arts and Culture
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-36
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Goal
16 Broad community participation in cultural activities and visual and performing arts.
No Conflict. As demonstrated throughout this Draft PEIR, the Program would facilitate future development of housing and mixed-use developments throughout the Planning Area. Future occupants would utilize existing amenities. See Section 4.9, Public Services, and Section
4.10, Recreation, of this Draft PEIR for more discussion on the potential impacts to services, including those provided by the Fullerton Library.
Given this, the Program would not conflict with this goal.
Policy
16.6 Fullerton Library System. Support policies and programs which continuously seek to improve and strengthen the Fullerton Library System as an educational and cultural resource accessible to the entire Fullerton community.
No Conflict. See the discussion provided under General Plan Goal 16.
Chapter 14: Education
Goal
17 An exceptional variety and quality of educational opportunities that reach community members throughout their lives.
No Conflict. As demonstrated throughout this Draft PEIR, the Program would facilitate future development of housing and mixed-use developments throughout the Planning Area. Future population growth could result in school-age children. See Section 4.9, Public Services, of this Draft PEIR for more discussion on the potential impacts to schools.
As such, the Program would not conflict with this goal.
Policy
17.1 Collaboration with Education Providers. Support regional and subregional efforts to work collaboratively with education providers to coordinate efforts and achieve shared goals.
No Conflict. See the discussion provided under General Plan Goal 17.
Policy
17.3 Vitality of Educational Resources. Support policies, projects, programs and regulations that contribute to the long-term vitality of higher educational institutions, high schools and elementary schools, and the Fullerton Library system.
No Conflict. See the discussion provided under General Plan Goal 17.
Additionally, see the discussion provided under General Plan Goal 16.
Policy
17.15 Mitigate Growth Impacts on School Facilities. Continue to mitigate the impacts of growth by assessing school impact fees and other appropriate mitigation measures.
No Conflict. See the discussion provided under General Plan Goal 17.
Policy
17.16 Project Impact Mitigation. Support programs that foster coordination between the City and local school districts, colleges and universities to assess and mitigate project impacts pertaining to on- and off-campus development.
No Conflict. See the discussion provided under General Plan Goal 17.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-37
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Policy
17.17 Fullerton Library. Support policies, projects and programs that recognize the Fullerton Library as a central element in Fullerton’s citywide educational system.
No Conflict. See the discussion provided under General Plan Goal 16.
Chapter 15: Community Involvement
Goal
18 Citizens that are actively involved in shaping the community’s future and overall quality of life.
No Conflict. The proposed Program is an identified strategy within the City’s Housing Element, which engaged a public process. Moreover, the City, as the lead agency, hosted a CEQA Scoping Meeting, required under Public Resources Code Section 21083.9, which solicited comment from stakeholders. As a result, City residents, for example, commented on the NOP for the proposed Program. See Table 2-1. Notice of Preparation and Comment Letters Summary for details on the comment letters and how this Draft PEIR addresses environmental topic issues raised. As part of this CEQA process, the public, organizations, and agencies may provide comment on the analysis provided in this Draft PEIR. Noticing and public outreach, as well as public hearings will be held prior to the consideration of the Program’s approval. Given this, the Program would not conflict with this goal.
Policy
18.1 Regional Participation. Support programs that encourage local participation in regional planning, decision-making and activities that affect the City of Fullerton and its residents.
No Conflict. See the discussion provided under General Plan Goal 18.
Policy
18.2 Multi-Jurisdiction Outreach Tools. Support regional and subregional efforts to develop new outreach tools, such as a clearinghouse feature on cities’ websites for use by other public entities and regional agencies (such as school districts, universities, neighborhood organizations, transportation agencies, etc.) to post notices of items under their jurisdiction.
No Conflict. See the discussion provided under General Plan Goal 18.
Policy
18.3 Opportunities for Community Involvement. Support policies, projects, programs and regulations that maximize opportunities for public participation in planning and decision-making processes pertaining to community development and design, including outreach to members of underrepresented communities.
No Conflict. See the discussion provided under General Plan Goal 18.
Policy
18.5 Transparent Government. Support policies, programs and regulations that maintain transparency in municipal operations and No Conflict. See the discussion provided under General Plan Goal 18.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-38
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
decision-making by being clear about City objectives and providing access to information, City staff and decision makers.
Policy
18.6 Accessible Participation. Support policies, projects, programs and regulations that take all feasible steps to ensure that everyone interested in participating in community forums has the materials necessary to contribute to informed decisions.
No Conflict. See the discussion provided under General Plan Goal 18.
Policy
18.10 Noticing. Support policies and programs to review and update the City’s noticing requirements and consider the use of websites, automatic telephone calling systems, email distribution lists, text messaging and other innovative features to provide better access to information.
No Conflict. See the discussion provided under General Plan Goal 18.
Chapter 16: Water
Goal
19 An adequate, safe, and reliable water supply. No Conflict. The Program would facilitate future development of housing and mixed-use projects within the Planning Area. The Draft PEIR analyzes the Program’s impacts to water supply as a result of the Program-related buildout. See Section 4.13, Utilities and Service Systems, of this Draft PEIR for more discussion. As such, the Program would not conflict with this goal.
Policy
19.1 Agency Coordination for Water Supplies. Support regional and subregional efforts to ensure that an adequate water supply, including groundwater, remains available.
No Conflict. Similar to the discussion provided under General Plan Goal 19, this Draft PEIR analyzes the Program-related growth in comparison with local and regional water supply, including groundwater supplies. See Section 4.13, Utilities and Service Systems, of this Draft PEIR for more discussion. Given this, the Program would not conflict with this policy.
Policy
19.2 Conservation Efforts. Support regional and subregional efforts to promote water efficiency and conservation.
No Conflict. Similar to the discussion provided under General Plan Goal 19, this Draft PEIR analyzes the Program’s potential water use. Moreover, future projects implemented under the proposed Program would be required to comply with regulations governing water conservation. See Section 4.13, Utilities and Service Systems, of this Draft PEIR for more discussion. Given this, the Program would not conflict with this policy.
Policy
19.4 Adequate Supply. Support projects, programs, policies and regulations to maintain adequate quantities of water, including groundwater, available to the City now and in the future.
No Conflict. See the discussion provided under General Plan Goal 19.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-39
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Policy
19.5 Water Quality. Support projects, programs, policies and regulations to ensure the quality of the water supply.
No Conflict. The Program would facilitate the future development of housing and mixed-use projects. This Draft PEIR analyzes the potential impacts to water quality on a programmatic level. See Section 4.4, Hydrology and Water Quality, of this Draft PEIR for more discussion. Given this, the Program would not conflict with this policy.
Policy
19.7 Sustainable Water Practices in New Development. Support projects, programs, policies and regulations to encourage water efficient practices in site and building design for private and public projects.
No Conflict. Similar to the discussion provided under General Plan Policy
19.2, this Draft PEIR analyzes the Program’s potential water use.
Moreover, future projects implemented under the proposed Program would be required to comply with regulations governing water conservation and sustainability. See Section 4.13, Utilities and Service Systems, of this Draft PEIR for more discussion. Given this, the Program would not conflict with this policy.
Goal
20 A healthy watershed and clean urban runoff. No Conflict. The Program would facilitate the future development of housing and mixed-use projects. This Draft PEIR analyzes the potential impacts to water quality on a programmatic level. See Section 4.4, Hydrology and Water Quality, of this Draft PEIR for more discussion. Given this, the Program would not conflict with this goal.
Policy
20.1 Regional Watersheds Support regional and subregional efforts to support functional and healthy watersheds.
No Conflict. See the discussion provided under General Plan Goal 20.
Policy
20.2 Urban Runoff Management Support regional and subregional efforts to support cleaner and reduced urban runoff.
No Conflict. See the discussion provided under General Plan Goal 20.
Policy
20.3 Product Handling and Disposal Impacts. Support projects, programs, policies and regulations to reduce impacts to watersheds and urban runoff from the improper handling and disposal of commercial products.
No Conflict. See the discussion provided under General Plan Goal 20.
Additionally, future development implemented under the proposed Program would be required to comply with existing regulations governing stormwater runoff and disposal of potential hazardous materials. See Section 4.4, Hydrology and Water Quality, of this Draft PEIR for more discussion. Given this, the Program would not conflict with this policy.
Policy
20.4 Local Watersheds. Support projects, programs, policies and regulations that support a functional and healthy watershed within neighborhoods and districts.
No Conflict. See the discussion provided under General Plan Goal 20.
Policy
20.6 Construction Impacts. Support projects, programs, policies and regulations to reduce impacts to watersheds and urban runoff caused by private and public construction projects.
No Conflict. See the discussion provided under General Plan Goal 20.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-40
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Policy
20.7 Development Impacts. Support projects, programs, policies and regulations to reduce impacts to watersheds and urban runoff caused by the design or operation of a site or use.
No Conflict. See the discussion provided under General Plan Goal 20.
Chapter 17: Air Quality and Climate Change
Goal
21 Protection and improvement of air quality. No Conflict. The proposed Program would facilitate future development of housing and mixed-use development, the construction and operation of which would result in effects to local and regional air quality. See Section
4.1, Air Quality, of this Draft PEIR for more discussion. As such, the Program would not conflict with this goal.
Policy
21.1 Jobs-Housing Balance. Support regional and subregional efforts to improve the alignment of housing options and employment opportunities to reduce commuting.
No Conflict. Program-related growth would introduce new housing in the Planning Area. The Draft PEIR analyzes the Program’s impact to the City’s existing jobs-housing balance. See Section 4.8, Population and Housing, for more discussion. As such, the Program would not conflict with this policy.
Policy
21.2 Transportation System. Support regional and subregional efforts to promote a transportation system coordinated with air quality improvements.
No Conflict. The Program result in additional housing within the Planning Area, which would reduce urban sprawl, reduce regional traffic congestion, and improve air quality through the reduction of vehicle miles traveled. See Section 4.1, Air Quality, and Section 4.11, Transportation, of this Draft PEIR for more discussion. As such, the Program would not conflict with this policy.
Policy
21.3 Inter-Jurisdictional Regulation. Support regional and subregional efforts to implement programs that regulate pollution across jurisdictions, particularly where the source is not under the City’s authority.
No Conflict. The future development projects implemented under the proposed Program would be required to comply with existing regulations, such as those established by the South Coast Air Quality Management District, the California Department of Toxic Substances, and the State Water Resources Control Board. See Section 4.1, Air Quality; Section 4.3, Hazards and Hazardous Materials; and Section 4.4, Hydrology and Water Quality, of this Draft PEIR for more discussion related to air quality, hazards, and water quality regulations. As such, the Program would not conflict with this policy.
Policy
21.4 Balanced Land Use. Support projects, programs, policies and regulations to promote a balance of residential, commercial, No Conflict. The Program proposes an overlay zone to allow for the development of additional housing on existing non-residential underlaying zoning designations. See Section 4.11, Transportation, of this Draft PEIR
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-41
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
industrial, recreational and institutional uses located to provide options to reduce vehicle trips and vehicle miles traveled. for more discussion on VMT. As such, the Program would not conflict with this policy.
Policy
21.5 Product Handling and Disposal Impacts. Support projects, programs, policies and regulations to reduce impacts to air quality from the improper handling and disposal of commercial products.
No Conflict. Future development implemented under the proposed Program would be required to comply with existing regulations governing disposal of potential hazardous materials. See Section 4.1, Air Quality, and Section 4.3, Hazards and Hazardous Materials, of this Draft PEIR for more discussion. Given this, the Program would not conflict with this policy.
Policy
21.6 Construction Impacts. Support projects, programs, policies and regulations to reduce impacts to air quality caused by private and public construction projects.
No Conflict. See the discussion provided under General Plan Goal 21.
Policy
21.7 Development Impacts. Support projects, programs, policies and regulations to reduce impacts to air quality caused by the design or operation of a site or use.
No Conflict. See the discussion provided under General Plan Goal 21.
Goal
22 Participation in regional efforts to address climate change and its impacts.
No Conflict. Future development projects implemented under the proposed Program would result in the generation of greenhouse gas emissions from construction and operational activities. The Draft PEIR analyzes the Program-related effects to greenhouse gas emissions. See Section 4.1, Air Quality, and Section 4.2, Greenhouse Gas Emissions, of this Draft PEIR for more discussion. As such, the Program would not conflict with this goal.
Policy
22.1 Motor Vehicle-related GHG Emissions. Support regional and subregional efforts to reduce greenhouse gas emissions
associated with transportation through land use strategies and policies, transportation system improvements, and transportation demand management programs.
No Conflict. See the discussion provided under General Plan Goal 22.
Policy
22.2 GHG Emissions from Electrical Generation. Support regional and subregional efforts to reduce greenhouse gas emissions
associated with electrical generation through energy conservation strategies and alternative/renewable energy programs.
No Conflict. See the discussion provided under General Plan Goal 22.
Policy
22.3 GHG Emissions from Water Conveyance. Support regional and subregional efforts to reduce greenhouse gas emissions
No Conflict. See the discussion provided under General Plan Goal 22.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-42
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
associated with water conveyance through water conservation strategies and alternative supply programs.
Policy
22.4 Solid Waste-Related GHG Emissions. Support regional and subregional efforts to reduce emissions associated with solid waste through increased recycling programs and reduced waste strategies.
No Conflict. See the discussion provided under General Plan Goal 22.
Policy
22.6 GHG Emissions from Waste. Support projects, programs, policies and regulations to reduce greenhouse gas emissions from waste through improved management of waste handling and reductions in waste generation.
No Conflict. See the discussion provided under General Plan Goal 22.
Policy
22.7 Climate Adaptation. Support projects, programs, policies and regulations to address climate change impacts relevant to the City as an inland community, including rises in average and extreme temperature, less annual precipitation, more flooding during El Niño seasons, increased power outages and higher levels of smog.
No Conflict. See the discussion provided under General Plan Goal 22.
Policy
22.8 Sustainable Communities Strategies. Support projects, programs, policies and regulations to coordinate future community-based planning efforts of the Focus Areas for consistency with the SCAG Sustainable Communities Strategy and Orange County Sustainable Communities Strategy.
No Conflict. See Table 4.5-1, Connect SoCal Conflict Evaluation, for discussion related to the Program’s consistency with the SCAG’s RTP/SCS.
Policy
22.9 Development. Support projects which voluntarily desire to implement site and/or building design features exceeding minimum requirements to reduce project greenhouse gas
emissions.
No Conflict. See the discussion provided under General Plan Goal 22.
Chapter 18: Integrated Waste Management
Goal
23 Safe and efficient management of waste. No Conflict. The Program would facilitate the development of future housing and mixed-use development, which would result in the generation of solid waste. See Section 4.13, Utilities and Service Systems, of this Draft PEIR for more discussion on the Program’s compliance with waste management. As such, the Program would not conflict with this goal.
Policy
23.1 Regional Waste Management. Support regional and subregional efforts to increase recycling, waste reduction, and product reuse.
No Conflict. See the discussion provided under General Plan Goal 23.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-43
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Policy
23.2 Hazardous Waste. Support projects, programs, policies and regulations to promote safe handling and disposal by households, businesses and City operations of solid waste which has specific disposal requirements.
No Conflict. See the discussion provided under General Plan Goal 23.
Policy
23.3 Waste Reduction and Diversion. Support projects, programs, policies and regulations to promote practices to reduce the amount of waste disposed in landfills.
No Conflict. See the discussion provided under General Plan Goal 23.
Policy
23.4 Waste Stream Separation and Recycling. Support projects, programs, policies and regulations to expand source separation and recycling opportunities to all households, businesses and City operations.
No Conflict. See the discussion provided under General Plan Goal 23.
Policy
23.7 Waste Management. Support projects, programs, policies and regulations to consider project level solid waste management needs at the site and building design stages.
No Conflict. See the discussion provided under General Plan Goal 23.
Chapter 19: Open Space and Natural Resources
Goal
24 Responsible management of open spaces balanced with the healthy functioning of environmental systems.
No Conflict. The Program is proposed on parcels with underlying zoning designations, including C-G, C-M, G-C, O-P, M-G, and M-P, none of which consistent of open space zoning designations. Moreover, future development projects facilitated under the Program would include development standards for open space. Section 4.9, Public Services, of this Draft PEIR for more discussion on parks. Given this, the Program would not conflict with this goal.
Policy
24.3 Access and Use of Open Space. Support projects, programs, policies and regulations to increase access to and use of open space resources while respecting the natural environment.
No Conflict. See the discussion provided under General Plan Goal 24.
Policy
24.5 Long-Range Needs. Support projects, programs, policies and regulations to preserve areas of open space sufficient to meet the long-range needs of the City
No Conflict. See the discussion provided under General Plan Goal 24.
Policy
24.6 Watershed Management. Support projects, programs, policies and regulations to manage open space watersheds to limit potential fire and erosion hazards.
No Conflict. See the discussion provided under General Plan Goal 24.
Moreover, as demonstrated in this Draft PEIR, potential impacts related to watersheds, fire risk, and erosion hazards are analyzed in Section 4.4, Hydrology and Water Quality, and Chapter 5, Other CEQA Considerations,
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-44
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
of the Draft PEIR. Given this, the Program would not conflict with this policy.
Policy
24.7 New Open Space. Support projects, programs, policies and regulations to create open space as funding and other
opportunities become available.
No Conflict. See the discussion provided under General Plan Goal 24.
Policy
24.8 Environmentally Sensitive Areas. Support projects, programs, policies and regulations to preserve the environmentally sensitive areas of public open spaces.
No Conflict. See the discussion provided under General Plan Goal 24.
Moreover, as detailed in Chapter 5, Other CEQA Considerations, the Program would not result in significant impacts to environmentally sensitive areas. As such, the Program would not conflict with this policy.
Policy
24.9 Passive Open Space. Support projects, programs, policies and regulations to encourage diverse, environmentally-sensitive, passive open spaces.
No Conflict. See the discussion provided under General Plan Goal 24. In addition, see Section 4.10, Recreation, of this Draft PEIR for more discussion on recreational facilities.
Policy
24.10 Trail Linkages to Open Space Support projects, programs, policies and regulations to promote recreational trails and the bikeway system to link open spaces to public areas and neighborhoods.
No Conflict. See the discussion provided under General Plan Goal 24. In addition, see Section 4.10, Recreation, of this Draft PEIR for more discussion on recreational facilities.
Policy
24.11 Open Space in Focus Areas. Support projects, programs, policies and regulations to evaluate increasing urban and natural open spaces as part of community-based planning of Focus Areas.
No Conflict. See the discussion provided under General Plan Goal 24. In addition, see Section 4.10, Recreation, of this Draft PEIR for more discussion on recreational facilities.
Policy
24.12 Environmental Impact of Support Facilities. Support projects, programs, policies and regulations to limit the construction of facilities in open space areas and to design necessary
improvements, such as fire roads, access roads, and parking facilities, to minimize environmental impacts and maintain the visual qualities of the open space.
No Conflict. See the discussion provided under General Plan Goal 24.
Moreover, as detailed in Chapter 5, Other CEQA Considerations, the Program would not result in significant impacts to environmentally sensitive areas. As such, the Program would not conflict with this policy.
Goal
25 Responsible management of natural resources. No Conflict. The Program would not result in significant impacts to natural resources (i.e., biological resources), as detailed in Chapter 5, Other CEQA Considerations, of this Draft PEIR. As such, the Program would not conflict with this goal.
Policy
25.1 Conservation of Sensitive. Natural Resources Support regional and subregional efforts to conserve habitat for sensitive species and plant communities.
No Conflict. The Program would not result in significant impacts to natural resources (i.e., biological resources), as detailed in Chapter 5, Other
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-45
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
CEQA Considerations, of this Draft PEIR. As such, the Program would not conflict with this goal.
Policy
25.2 Waterways Preservation. Support projects, programs, policies and regulations to preserve the City’s public creeks and lakes such as Tri City Lake, Bastanchury Greenbelt Creek, and Laguna Lake; pursue collaborative efforts to restore channelized portions of Brea Creek and Fullerton Creek.
No Conflict. The Program would not result in significant impacts to natural resources (i.e., biological resources), as detailed in Chapter 5, Other CEQA Considerations, of this Draft PEIR. Future development projects would not result in the redevelopment of the City’s public creeks and lakes. As such, the Program would not conflict with this policy.
Policy
25.3 Comprehensive Tree Management. Support projects, programs, policies and regulations to comprehensively plan for, manage and promote trees throughout the City.
No Conflict. The Program would not result in significant impacts to natural resources (i.e., biological resources), as detailed in Chapter 5, Other CEQA Considerations, of this Draft PEIR. As such, the Program would not conflict with this policy.
Policy
25.4 Wildlife Management. Support projects, programs, policies and regulations to promote and encourage residents and visitors to respect the natural environment of wildlife inhabiting and/or migrating to the City’s open spaces.
No Conflict. The Program would not result in significant impacts to natural resources (i.e., biological resources), as detailed in Chapter 5, Other CEQA Considerations, of this Draft PEIR. As such, the Program would not conflict with this policy.
Policy
25.5 Managed Development. Support projects, programs, policies and regulations to manage development in areas containing significant or rare biological resources.
No Conflict. The Program would not result in significant impacts to natural resources (i.e., biological resources), as detailed in Chapter 5, Other CEQA Considerations, of this Draft PEIR. As such, the Program would not conflict with this policy.
Policy
25.7 Mitigation of Impacts on Sensitive Areas. Support projects, programs, policies and regulations to consider and mitigate project level impacts to sensitive habitat areas at the site and building design stages.
No Conflict. The Program would not result in significant impacts to natural resources (i.e., biological resources), as detailed in Chapter 5, Other CEQA Considerations, of this Draft PEIR. As such, the Program would not conflict with this policy.
Policy
25.8 Mitigation of Impacts on Waterways. Support projects, programs, policies and regulations to consider and mitigate project level impacts to public waterways at the site and building design stages.
No Conflict. See the discussion provided under General Plan Policy 25.2.
Chapter 21: Natural Hazards
Goal
26 Protection of people, natural and built environments and economy from natural hazards.
No Conflict. The Program would facilitate the future development of housing throughout the Planning Area. The proposed Program is based on a methodology in which parcels Citywide were analyzed and either removed from or considered for inclusion in HIOZ based on criteria, such
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-46
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
as being located outside of local hazard zones. As such, the methodology discouraged development within known local hazard zones, such as airport impact zones and others noted within the City’s 2020 Local Hazard Mitigation Plan (i.e., inundation hazard zones, flood hazard zones, fire hazard zones, landslide hazard zones, earthquake fault hazard zones, liquefaction hazard zones, and oil and gas hazard zones). Moreover, as demonstrated in this Draft PEIR, impacts related to hazards and hazardous materials were analyzed under Section 4.3, Hazards and Hazardous Materials. See Section 4.3 of this Draft PEIR for more discussion. Given this, the Program would not conflict with this goal.
Policy
26.1 Regional Coordination. Support projects, programs, policies and regulations to coordinate planning for and response to natural disasters with other agencies within the region.
No Conflict. The Program would facilitate the future development of housing throughout the Planning Area. As demonstrated in this Draft PEIR, impacts related to hazards and hazardous materials were analyzed under Section 4.3, Hazards and Hazardous Materials. See Section 4.3 of this Draft PEIR for more discussion. Additionally, as detailed in Chapter 5, Other CEQA Considerations, the Program would result in less than significant impacts related to emergency planning and evaluation.
Implementation of the proposed Program would not interfere with the regional coordination efforts established within the City during natural disasters. Given this, the Program would not conflict with this goal.
Policy
26.2 Adequate Emergency Response Infrastructure. Support projects, programs, policies and regulations to prepare to respond to natural disasters to the best of the City’s ability.
No Conflict. See the discussion provided under General Plan Policy 26.1.
Moreover, as demonstrated in this Draft PEIR, the Program’s potential effects on police and fire protection services is further analyzed in Section 4.9, Public Services, of this Draft PEIR. As such, the Program would not conflict with this policy.
Policy
26.4 Minimization of Development in High Risk Areas. Support projects, programs, policies and regulations to discourage or limit development within areas that are vulnerable to natural disasters, particularly in areas with recurring damage and/ or the presence of multiple natural hazards.
No Conflict. The Program would facilitate the future development of housing throughout the Planning Area. As demonstrated in this Draft PEIR, impacts related to geology and soils, wildfire, hazards and hazardous materials, and hydrology and water quality are analyzed in Chapter 5, Other CEQA Considerations; Section 4.3, Hazards and Hazardous Materials; and Section 4.4, Hydrology and Water Quality, of this Draft PEIR. Given this, the Program would not conflict with this goal.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-47
Source: City of Fullerton 2012a; City of Fullerton 2021
Table 4.5-2. General Plan Conflict Evaluation
Goals and Policies Conflict Evaluation
Policy
26.5 Hazard Specific Development Regulations Support projects, programs, policies and regulations to utilize hazard specific development regulations to mitigate risks associated with identified potential natural hazards, including flooding, wildland fires, liquefaction, and landslides when development does occur.
No Conflict. See the discussion provided under General Plan Policy 26.4.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-48
As described above, the Program requires the approval of a General Plan Amendment for implementation to ensure consistency with Planning Area parcels with restrictive land use designations (i.e., do not allow for residential or limit the maximum density necessary for Program buildout). Upon approval of the proposed amendments, the Program would be consistent with the General Plan . Furthermore, based on analysis contained in Table 4. 5-2 and the reasons described above, the Program would generally not conflict applicable goals and policies for the purposes of avoiding or mitigating enviro nmental effect.
Impacts would be less than significant. No mitigation is required.
Airport Land Use Compatibility
As described under Section 4. 5.2, Relevant Plans, Policies, and Ordinances , the Planning Area includes parcels that are within the Airport Influence Area of the Fullerton Municipal Airport, located in the southwestern edge of the City (ALUC 2019). As such, these parcels are subject to review by the Orange County Airport Land Use Commission (ALUC) for compliance with noise and safety regulations. The Airport Environs Land Use Plan for Fullerton Municipal Airport (AELUP) regulates future development of new residential dwellings, commercial structures, and other noise- or risk-sensitive uses within the Airport Influence Area based on factors, including but not limited to noise, overflight, safety, and airspace protection. H eight Restriction boundaries are based on Federal Aviation Regulations (FAR) Part 77 guidelines.
The Program proposes development standards for parcels within the Planning Area to be consistent with the City’s existing R -5 zoning classification. According to Table 15.17.070.F of the Zoning Code, the maximum height for a residential building within 50 feet of property with an R-1 zone classification is one story (20 feet). If a proposed future development is between 50 feet and 100 feet of a property with an R- 1 zone classification , then the maximum height limit is two stories (30 feet). If a proposed f uture development is greater than 100 feet from a property with an R-1 zone classification, then the Zoning Code does not limit the height for proposed structures. As detailed further in Section 4.3, Hazards and Hazardous Materials, the Planning Area’s nearest changed parcel would be limited to a building height set forth in the FAR Part 77 guidelines and be consistent with the City’s maximum height restrictions for R-5 zones. As such, the Project’s proposed rezoning would not facilitate the future developm ent of buildings above the height restrictions necessary for consistency with the AELUP.
Additionally, policies for determining land use compatibility typically apply to areas within 2 miles of an airport runway. According to the AELUP, residential land uses are normally consistent up until 60 CNEL and conditionally consistent at 65 CNEL. Community facilities, such as churches, libraries, schools, hospitals, and other noise-sensitive uses are normally inconsistent starting at 70 CNEL (City of Fullerton 2012b). As detailed further in Section 4.7, Noise, of this Draft PEIR, the Program would facilitate the development and redevelopment of areas within the Fullerton Municipal Airport Influence Area and 65 CNEL noise contour.
See Section 4.7, Noise, of this Draft PEIR for more discussion on land use consistency with quantifiable community noise exposure. California Public Utilities Code Section 21676(b) requires that prior to the amendment of a general plan or specific plan (or the adoption or approval of a zoning ordinance or building regulation) within the planning boundary established by the ALUC pursua nt to Section 21675, the local agency shall first refer the proposed action to the ALUC. If the ALUC determines that the proposed action is inconsistent with the ALUC’s plan, the referring agency shall be notified. The local agency may, after a public hearing, overrule the ALUC by a two -thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes stated in Section 21670. However, no land use changes to residential would occur within a noise contour greater than 70 CNEL. Impacts would be less than significant. No mitigation is required.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-49
Other Land Use Consistency
As detailed above in Section 4.5.2, Relevant Plans, Policies, and Ordinances, there are other land use plans governing the City, including the Bicycle Master Plan, Climate Action Plan, and Local Hazard Mitigation Plan, each of which are consistent with the General Plan. As demonstrated by Table 4.5-2 above, the proposed Program would not conflict with any goals or policies within the City’s General Plan adopted for the purpose of avoiding or mitigating an environmental effect. A discussion of potential conflicts with all other applicable goals and policies from the other plans. For discussion on consistency with the City’s Bicycle Master Plan, see Section
4.11, Transportation, of this Draft PEIR. For discussion on consistency with the City’s Climate Action Plan, see Section 4.2, Greenhouse Gas Emissions, of this Draft PEIR. For discussion on consistency with the City’s Local Hazard Mitigation Plan, see Section 4.3, Hazards and Hazardous Materials, of this Draft PEIR.
Zoning Code
The proposed Program would primarily consist of the establishment of a new zoning overlay to allow future residential development on non-residential underlying zoning designations. Chapter 3, Project Description, details the implementation of the proposed Program within the Zoning Code.
Upon adoption of the proposed zoning overlay (i.e., HIOZ), procedures for inclusion would be outlined in the City’s Municipal Code. For properties not currently included in the HIOZ, a request for a HIOZ designation may be initiated by an application by a property owner made in accordance with Chapter 15.72 (Amendments) of the Municipal Code. As such, amendments to the proposed HIOZ would require approval by the City’s Planning Commission and City Council. Furthermore, application shall be consistent with t he objectives of the Zoning Ordinance and General Plan, reasonably compatible with surrounding land uses and promote the general health, safety, and welfare.
Upon adoption of HIOZ, future development projects would be required to comply with a site plan review for implementation. Future development projects proposed on sites with a HIOZ designation would be subject to a site plan review pursuant to Chapter 15.4 7, Site Plan Review, of the Municipal Code. In the event a future development project complies with the Municipal Code provisions governing HIOZ and does not require a conditional use permit, variance, and/or a minor exception, the future project would req uire a Minor Site Plan review, as defined in the Municipal Code. Additionally, future development projects would be required to meet the site assumptions on residential density (within 60 du/ac). With these parameters, future development projects would be exempt from further CEQA review and would be approved by-right by the City’s Community and Economic Development Director. Although further CEQA review would not be required for these future development projects, these projects would be required to comply w ith the conditions of approval (as detailed in Section 3.6 , Conditions of Approval ) and applicable mitigation measures (as identified throughout this PEIR) for implementation.
In the event future development projects require approval for a lot line adjustment, consolidation of lots, or subdivision, then subsequent discretionary approvals pursuant to Title 16, Subdivisions, of the Municipal Code would be required. Moreover, if a future development project seeks approval in compliance with HIOZ, construction is required within two years of approval by the Community and Economic Development Director.
The proposed Program would also revise Citywide Development Standards for multi -family zoning classifications. Specifically, the Program proposes revisions to Chapter 15.17.070 of the City’s Municipal Code. Additionally, the Program proposes revisions to Citywide Development Standards for mixed -use
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-50
zoning classifications. Such revisions would include amendments to lot standards (i.e., minimum lot area, lot coverage), setbacks, height, and open space requirements. Future residential development associated with the proposed Program would be developed in compliance with applic able development standards of their respective permitted uses (R -5 or C -3 zones), as shown in Chapter 15.17, Residential Zone Classifications, or Chapter 15.30, Commercial Zone Classifications, of the City’s Municipal Code.
Creation of this overlay zone allows for the development multi-family housing on parcels with a non - residential underlying zoning classification in exchange for providing a specified percentage of deed - restricted affordable housing units. As such, the Program would include a provision in the Municipal Code to facilitate a minimum requirement of 10% of the total number of residential units within a development project to include affordable housing for a minimum of 55 years. This provision wo uld be exclusive of the added units facilitated under State Density Bonus law.
4.5.5 Mitigation Measures
As described in Section 4.5.4, Impact Analysis, incorporation of the mitigation measures outlined throughout this Draft PEIR would ensure consistency between the proposed Program and any applicable land use plans, policies, and regulations that have been adopted for the purpose of avoiding or mitigating an environmental effect to the maximum extent feasible.
MM-AQ-1 through MM-AQ-3. See Section 4.1, Air Quality, of this Draft PEIR MM-HAZ-1 through MM-HAZ-5. See Section 4.3, Hazards and Hazardous Materials, of this Draft PEIR
4.5.6 Significance Conclusion
LU-1. With implementation of the mitigation measures outlined throughout this Draft PEIR, impacts associated with land use and planning would be less than significant.
4.5.7 Cumulative Effects
Where a lead agency concludes that the cumulative effects of a project, taken together with the impacts of other closely related past, present, and reasonably foreseeable future projects are significant, the lead agency then must determine whether the proj ect’s incremental contribution to such significant cumulative impact is “cumulatively considerable” (and thus significant in and of itself). The cumulative geographic study area used to assess potential cumulative impacts related to the potential to confli ct with applicable land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect, the cumulative geographic study area is the regional (SCAG’s Connect SoCal) and local (the City’s General Plan).
LU-1. Given the built -out conditions of the Planning Area and adjacent jurisdictions, development would likely convert existing underutilized properties in the Planning Area to higher -density residential and mixed -use developments to respond to the need for housing, as required under the City’s Housing Element. The Program would benefit the surrounding community by adding residential uses to reduce overcrowding and support projected employment growth and improving local and regional access to the regional transportation network. Furthermore, by providing additional housing in close proximity to transit, the Project would assist the City in achieving short- and long-term planning goals and objectives related to reducing urban sprawl, efficiently using existing infrastructure,
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-51
reducing regional congestion, and improving air quality through the reduction of vehicle miles traveled. This is consistent with SCAG and other regional policies for promoting more intense land uses adjacent to transit stations and job centers.
Generally, land use conflicts would be related to noise, traffic, air quality, and hazards/human health and safety issues, which are discussed in the relevant sections of the Draft PEIR. Land use conflicts are also typically site-specific and not cumulative in nature; in other words, despite the number of cumulative projects in a given area, they would not necessarily compound to create cumulative land use conflicts. Cumulative incompatibility issues associated with surrounding developments or projects are anticipated to be addressed and mitigated for on a project-by-project basis.
In addition, the cumulative environmental effects associated with implementation of the Program have been addressed in the technical sections of this Draft PEIR. Therefore, the Program’s incremental contribution to impacts related to land use and planning would be less than significant and not cumulatively considerable.
4.5.8 References Cited
Airport Land Use Commission (ALUC). 2019. Orange County ALUC. Airport Environs Land Use Plan for Fullerton Municipal Airport. Amended February 21, 2019. Accessed December 2023. https://files.ocair.com/ media/2021-02/AELUP%20for%20FMA%2005092019.pdf.
City of Fullerton. 2012a. The Fullerton Plan (also referred to as the General Plan). Part I: The Fullerton Vision.
Adopted May 2012. Accessed October 2023. https://www.cityoffullerton.com/home/ showpublisheddocument/1045/637436165071470000.
City of Fullerton. 2012b. The Fullerton Plan. Final Program EIR. May 2012. Accessed October 2023. https://www.cityoffullerton.com/government/departments/community-and-economic-development/ planning-zoning/general-plan/final-program-eir/-folder-91.
City of Fullerton. 2012c. The Fullerton Plan. Part II: The Fullerton Plan Elements. E. Tables and Exhibits: The Fullerton Built Environment. May 2012. Accessed October 2023. https://www.cityoffullerton.com/home/ showpublisheddocument/1033/637575629686070000.
City of Fullerton. 2021. The Fullerton Plan (General Plan). Appendix H: 2021-2029 Housing Element. Draft.
November 2021. Accessed October 2023. https://gis.cityoffullerton.com/HousingElement/ Draft_2021-2029_Housing_Element.pdf.
City of Fullerton. 2023a. Zoning Maps. Accessed October 2023. https://www.cityoffullerton.com/government/ departments/community-and-economic-development/planning-zoning/zoning/maps?locale=en.
City of Fullerton. 2023b. Fullerton Specific Plan District Documents. Accessed October 2023. https://www.cityoffullerton.com/government/departments/community-and-economic-development/ planning-zoning/zoning/specific-plans?locale=en.
SCAG (Southern California Association of Governments). 2020a. The 2020–2045 Regional Transportation Plan/ Sustainable Communities Strategy of the Southern California Association of Governments (Connect SoCal). Accessed December 2023. https://scag.ca.gov/read-plan-adopted-final-connect-socal-2020.
4.5 – LAND USE AND PLANNING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.5-52
SCAG. 2020b. Final RHNA Allocation Methodology. Updated March 5, 2020. Accessed October 2023. https://scag.ca.gov/sites/main/files/file-attachments/scag-final-rhna-methodology- 030520.pdf?1602189316.
SCAG. 2021. SCAG 6th Cycle Final RHNA Allocation Plan. Approved by HCD on March 22, 2021 and modified on July 1, 2021. Accessed October 2023. https://scag.ca.gov/sites/main/files/file-attachments/ 6th_cycle_final_rhna_allocation_plan_070121.pdf?1646938785.
SCAG. 2023. Connect SoCal 2024. Accessed October 2023. https://scag.ca.gov/connect-socal.
4.6 – MINERAL RESOURCES
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.6-1
4.6 Mineral Resources
This section describes the existing mineral resource s conditions of the Planning Area , identifies associated regulatory requirements, evaluates potential impacts, and identifies mitigation measures related to implementation of the proposed Program.
4.6.1 Existing Conditions
Regional Setting
Mineral Resource Potential
As mandated by the Surface Mining and Reclamation Act of 1975 (SMARA), the California State Mining and Geology Board (now California Geological Survey (CGS)) classifies California mineral resources with the Mineral Resource Zones (MRZs) system. These zones were established based on the presence or absence of significant sand and gravel deposits and crushed rock source areas (i.e., products used in the production of cement). The classification system emphasizes Portland Cement Concrete aggregate, which is su bject to a series of specifications to ensure the manufacture of strong, durable concrete. The following guidelines are presented in SMARA’s mineral land classification for the region (CGS 2023):
▪ MRZ-1 – Areas where adequate geologic information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. ▪ MRZ-2 – Areas where adequate information indicates that significant mineral deposits are present, or where it is judged that there is a high likelihood for their presence. ▪ MRZ-3 – Areas containing mineral deposits, the significance of which cannot be evaluated from available data. ▪ MRZ-4 – Areas where available information is inadequate for assignment to any other MRZ zone.
Known Mineral Resource s
According to generalized mapping of mineral resources that were identified in the Orange County General Plan, there are only three areas mapped within the county that had mineral resources – Santa Ana River to the south of the City of Fullerton, as well as Trabuco Canyon and San Juan Creek located even further south of the City (County of Orange 2023). However, mapping compiled by the California Division of Mines and Geology (now the California Geological Survey), indicate that the Planning Area includes MRZ-1 and MRZ-3 areas (CDMG 1981).
4.6.2 Relevant Plans, Policies, and Ordinances
Federal
There are no applicable federal regulations related to Mineral Resources.
4.6 – MINERAL RESOURCES
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.6-2
State
Surface Mining and Reclamation Act (SMARA): California Public Resources Code, Sections 2710 et seq.
SMARA is the primary regulator of onshore surface mining in the state. SMARA delegates specific regulatory authority to local jurisdictions. The act requires the State Geologist (California Geological Survey [CGS]) to identify all mineral deposits within the state and to identify any MRZs (i.e., MRZ-1 through MRZ-4) present. The distinctions between MRZs 1 through 4 are detailed in Section 4.12.1, above. Local jurisdictions are required to enact specific procedures to guide mineral conservation and extracti on at particular sites and to incorporate mineral resource management policies into their general plans. A particular concern of state legislators in enacting SMARA was the premature loss of minerals and protection of sites threatened by development practices that might preclude future mineral extraction text.
Local
City of Fullerton General Plan
Goal 25 of the Open Space and Natural Resources section of the General Plan includes the “responsible management of natural resources ,” however does not otherwise include any specific policies pertaining to mineral resources .
4.6.3 Thresholds of Significance
The significance criteria used to evaluate the project impacts to mineral resources are based on Appendix G of the CEQA Guidelines. According to Appendix G of the CEQA Guidelines, a significant impact related to mineral resources would occur if the project would:
1. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
2. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?
Based on the results of the Initial Study (Appendix A), the following thresholds are evaluated within this section for the Program:
MIN-1. Would the Program result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
MIN-2. Would the Program result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?
4.6 – MINERAL RESOURCES
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.6-3
4.6.4 Impacts Analysis
MIN-1. Would the Program result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
The City of Fullerton is largely developed and urbanized with relatively few open space areas that are not used as for other purposes (e.g., parks). According to generalized mapping of mineral resources within Orange County, there are no mapped areas of known mineral resources within the City (County of Orange 2023). While the Planning Area includes areas that are mapped as MRZ -3 which are areas where the significance of mineral resources present cannot be determined, the proposed Program would only create an overlay zone that would allow development of multi-family housing on parcel s with non -residential underlying zoning classification and are mostly already currently developed. As a result, implementation of the proposed Program would not result in any loss of availability of known mineral resources that would be of value to the region or residents of the state and there would be no impact.
MIN-2. Would the Program result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Chapter 19 of the City’s General Plan adopted in 2012, contains the City’s Open Space and Natural Resources Element which covers the flora and fauna, soils, and minerals that are considered vital to the City’s environmental health and quality of life (City of Fullerton 2012). While Goal 25 of the Open Space and Natural Resources section of the General Plan includes the “responsible management of natural resources”, there are no specific policies pertaining to mineral resources nor any identified mineral resource areas (City of Fullerton 2012). Therefore, considering that implementation of the Program would only involve rezoning of parcels and that the General Plan does not delineate any mapped mineral resource areas within the City, there would be no impact related to loss of availability of a locally important mineral resource recovery site on a local, specific, or other land use plan.
4.6.5 Mitigation Measures
There would be no impacts related to Mineral Resources. and thus no mitigation measures required.
4.6.6 Significance Conclusion
The proposed Program would have no impact to mineral resources.
4.6.7 Cumulative Effects
Considering that the proposed Program would have no impact, therefore, it would not contribute to a cumulative impact relative to mineral resources.
4.6.8 References Cited
California Division of Mines and Geology (CDMG). 1981. Generalized Aggregate Resource Classification Map, Orange County – Temescal Valley and Adjacent Production – Consumption Regions, 1981.
4.6 – MINERAL RESOURCES
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.6-4
California Geologic Survey (CGS). 2023. Guidelines for Classification and Designation of Mineral Lands. Accessed December 19, 2023, https://www.conservation.ca.gov/smgb/Guidelines/Documents/ClassDesig.pdf.
City of Fullerton. 2012. Chapter 19 Open Space and Natural Resources Element, General Plan. Available at https://www.cityoffullerton.com/home/showpublisheddocument/1055/637436165087430000.
County of Orange. 2023. Chapter VI, Resources Element, Orange County Mineral Resources, Generalized, General Plan. Accessed December 19, 2023, https://ocds.ocpublicworks.com/sites/ocpwocds/files/import/data/ files/8625.pdf.
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-1
4.7 Noise
This section describes the existing noise conditions of the Program Area and vicinity, identifies associated regulatory requirements, evaluates potential impacts, and identifies mitigation measures related to implementation of the proposed Program.
4.7.1 Existing Conditions
4.7.1.1 Noise Terminology and Characteristics
Sound, Noise, and Acoustics
Sound can be described as the mechanical energy of a vibrating object transmitted by pressure waves through a liquid or gaseous medium (e.g., air) to a hearing organ, such as a human ear. Noise is defined as loud, unexpected, or an annoying sound. In the science of acoustics, the fundamental model consists of a sound (or noise) source, a receptor, and the propagation path between the two. The loudness of the noise source and obstructions or atmospheric factors affecting the propagation path to the receptor determine the sound level and characteristics of the noise perceived by the receptor. The field of acoustics deals primarily with the propagation and control of sound.
Frequency
Continuous sound can be described by frequency (pitch) and amplitude (loudness). A low-frequency sound is perceived as low in pitch. Frequency is expressed in terms of cycles per second, or Hertz (Hz) (e.g., a frequency of 250 cycles per second is referred to as 250 Hz). High frequencies are sometimes more conveniently expressed in kilohertz (kHz), or thousands of Hertz. The audible frequency range for humans is generally between 20 Hz and 20,000 Hz.
Sound Pressure Levels and Decibels
The amplitude of pressure waves generated by a sound source determines the loudness of that source. Sound pressure amplitude is measured in micro -Pascals (mPa). One mPa is approximately one hundred billionth (0.00000000001) of normal atmospheric pressure. Sound pressure amplitudes for different kinds of noise environments can range from less than 100 to 100,000,000 mPa. Because of this huge range of values, sound is rarely expressed in terms of mPa. Instead, a logarithmic scale is used to describe sound pre ssure level (SPL) in terms of decibels (dB). The threshold of hearing for young people is about 0 dB, which corresponds to 20 mPa.
Addition of Decibels
Because decibels are logarithmic units, SPL cannot be added or subtracted through ordinary arithmetic. Under the decibel scale, a doubling of sound energy corresponds to a 3 dB increase. In other words, when two identical sources are each producing sound of the same loudness, the resulting sound level at a receptor equidistant to each sound source would be 3 dB higher than one source under the same conditions. For example, if one automobile produces an SPL of 70 dB when it passes an observer, two cars passi ng simultaneously would not produce 140 dB—rather, they would combine to produce 73 dB. Under the decibel scale, three sources of equal loudness together produce a sound level 5 dB louder than one source.
A-Weighted Decibels
The decibel scale alone does not adequately characterize how humans perceive noise. The dominant frequencies of a sound have a substantial effect on the human response to that sound. Although the intensity (energy per unit
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-2
area) of the sound is a purely physical quantity, the loudness or human response is determined by the characteristics of the human ear.
Human hearing is limited in the range of audible frequencies as well as in the way it perceives the SPL in that range. In general, people are most sensitive to the frequency range of 1,000–8,000 Hz and perceive sounds within that range better than sounds of the same amplitude in higher or lower frequencies. To approximate the response of the human ear, sound levels of individual frequency bands are weighted, depending on the human sensitivity to those frequencies.
Then, an “A-weighted” sound level (expressed in units of dBA) can be computed based on this information.
The A-weighting network approximates the frequency response of the average young ear when listening to most ordinary sounds. When people make judgments of the relative loudness or annoyance of a sound, their judgments correlate well with the A -scale sound levels of those sounds. Other weighting networks have been devised to address high noise levels or other special problems (e.g., B-, C-, D-, and G-scales), but these scales are rarely used in conjunction with highway traffic noise. Noise levels for traffic noise reports are typically reported in terms of A - weighted decibels (dBA). Table 4.7-1 arranges typical outdoor and indoor noise sources against a decreasing linear scale of A-weighted sound levels.
Table 4.7-1. Typical A-Weighted Noise Levels
Common Outdoor Activities Noise Level (dBA) Common Indoor Activities — 110 — Rock band
Jet fly-over at 1000 feet
— 100 —
Gas lawn mower at 3 feet
— 90 —
Diesel truck at 50 feet at 50 mph Food blender at 3 feet — 80 — Garbage disposal at 3 feet
Noisy urban area, daytime
Gas lawn mower, 100 feet — 70 — Vacuum cleaner at 10 feet Commercial area Normal speech at 3 feet
Heavy traffic at 300 feet — 60 —
Large business office
Quiet urban daytime — 50 — Dishwasher next room
Quiet urban nighttime — 40 — Theater, large conference room (background)
Quiet suburban nighttime
— 30 — Library
Quiet rural nighttime Bedroom at night, concert hall
(background)
— 20 —
Broadcast/recording studio
— 10 —
Lowest threshold of human hearing — 0 — Lowest threshold of human hearing Source: Caltrans 2013.
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-3
Human Response to Changes in Noise Levels
As discussed above, doubling sound energy results in a 3 dB increase in sound. However, given a sound level change measured with precise instrumentation, the subjective human perception of a doubling of loudness will usually be different than what is measured.
Under controlled conditions in an acoustical laboratory, the trained, healthy human ear is able to discern 1 dB changes in sound levels, when exposed to steady, single -frequency (“pure-tone”) signals in the mid -frequency (1,000 Hz–8,000 Hz) range (Caltrans 2013). In typical noisy environments, changes in noise of 1 to 2 dB are generally not perceptible. However, it is widely accepted that people can begin to detect sound level increases of 3 dB in typical noisy environments. Further, a 5 dB increase is generally perceived as a distinctly noticeable increase, and a 10 dB increase is generally perceived as a doubling of loudness. Therefore, a doubling of sound energy (e.g., doubling the volume of traffic on a highway) that would result in a 3 dB increase in so und would generally be perceived as barely detectable.
Noise Descriptors
Noise in our daily environment fluctuates over time at varying rates. Various noise descriptors have been developed to describe time-varying noise levels. The following are the noise descriptors are utilized in this analysis. ▪ Equivalent Sound Level (Leq): Leq represents an energy average of the sound level occurring over a specified period. The 1 -hour A-weighted equivalent sound level (L eq[h]) is the energy average of A -weighted sound levels occurring during a one-hour period and is the basis for noise abatement criteria used by the California Department of Transportation (Caltrans) and the Federal Highway Administration (FHWA). Note that L eq is not an arithmetic average of varying dB levels over a period of time, it accounts for greater sound energy represented by higher decibel contributions.
▪ Percentile-Exceeded Sound Level (Lxx): Lxx represents the sound level exceeded for a given percentage of a specified period (e.g., L10 is the sound level exceeded 10% of the time, and L90 is the sound level exceeded 90% of the time).
▪ Maximum Sound Level (Lmax): Lmax is the highest instantaneous sound level measured during a specified period. ▪ Day-Night Level (Ldn): Ldn is the energy average of A-weighted sound levels occurring over a 24-hour period, with a 10 dB penalty applied to A-weighted sound levels occurring during nighttime hours between 10 p.m. and 7 a.m.
▪ Community Noise Equivalent Level (CNEL): Similar to L dn, CNEL is the energy average of the A -weighted sound levels occurring over a 24 -hour period, with a 10 dB penalty applied to A -weighted sound levels occurring during the nighttime hours between 10 p.m. and 7 a.m., and a 5 dB penalty applied to the A - weighted sound levels occurring during evening hours between 7 p.m. and 10 p.m.
Sound Propagation
When sound propagates over a distance, it changes in level and frequency content. The manner in which noise reduces with distance depends on the following factors:
▪ Geometric Spreading – Sound from a localized source (i.e., an ideal point source) propagates uniformly outward in a spherical pattern (or hemispherical when near a surface). The sound level attenuates (or decreases) at a rate of 6 dB for each doubling of distance from a point source. Roadways consist of several
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-4
localized noise sources on a defined path, and hence can be treated as a line source, which approximates the effect of several point sources. Noise from a line source propagates outward in a cylindrical pattern, often referred to as cylindrical spreading. Sound levels attenuate at a rate of 3 dB for each doubling of distance from a line source.
▪ Ground Absorption – The propagation path of noise from a sound emission source to a receptor is usually horizontal and proximate to the ground. Under these conditions, noise attenuation from ground absorption and reflective -wave canceling can add to the attenuation associa ted with geometric spreading. For acoustically “hard” paths over which sound may traverse (i.e., sites with a reflective surface between the source and the receptor, such as a parking lot or body of water), no excess ground attenuation is assumed.
For acoustically absorptive or “soft” sites (i.e., those sites with an absorptive ground surface between the source and the receptor, such as fresh -fallen snow, soft dirt, or dense vegetative ground cover), an additional ground-attenuation value of +1.5 dB per doubling of distance is normally assumed. When added to cylindrical spreading for line source sound propagation, the excess ground attenuation results in an overall drop-off rate of 4.5 dB per doubling of distance. ▪ Atmospheric Absorption – In addition to aforementioned geometric spreading, the fluid medium (i.e., the air) through which sound travels yields frequency-dependent attenuation that increases in magnitude with increasing frequency. The effect is influenced by temperature and relative humidity, and typically negligible over short source-to-receptor distances (e.g., less than 500 feet); but, it helps explain why lower-frequency sound such as a thunderclap appears to “travel farther” over great distances. ▪ Meteorological Effects – Receptors located downwind from a source can be exposed to increased noise levels relative to calm conditions, whereas locations upwind can have lowered noise levels. Sound pressure levels can also be increased at large distances (e.g., more than 500 feet) due to atmospheric temperature inversion (i.e., increasing temperature with elevation). Other factors such as air temperature, humidity, and turbulence can also have significant effects when distances between a source and receptor are large. ▪ Shielding by Natural or Human-Made Features – A large object or barrier in the direct path between a noise source and a receptor can substantially attenuate noise levels at the receptor. The amount of attenuation provided by shielding depends on the size of the object and the frequency content of the noise source. Natural terrain features (e.g., hills and ridgelines) and human -made features (e.g., buildings and walls) can substantially reduce noise levels. Walls are often constructed between a source and a receptor specifically to reduce noise. A barrier that breaks the line of sight between a source and a receptor will typically result in at least 5 dB of noise reduction. Taller barriers provide increased noise reduction. While a line of trees may visually occlude the direct line between a source and a receptor, its actual noise-reducing effect is usually negligible because it does not create an acoustically solid barrier. Deep expanses of dense wooded areas, on the other hand, can offer noise reduction under the right conditions.
Vibration Characteristics
Vibration is oscillatory movement of mass (typically a solid) over time. It is described in terms of frequency and amplitude and, unlike sound, can be expressed as displacement, velocity, or acceleration. For environmental studies, vibration is often studi ed as a velocity that, akin to the discussion of sound pressure levels, can also be expressed in dB as a way to cast a large range of quantities into a more convenient scale. In such cases, the vibration velocity is a root -mean-square (RMS) amplitude (v), and the VdB value is calculated as follows: Lv = 20*LOG(v/vref), where vref is reference magnitude (one micro-inch per second).
Vibration impacts to buildings are generally discussed in terms of inches per second (ips) peak particle velocity (PPV), which will be used herein to discuss vibration levels for ease of reading and comparison with relevant
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-5
standards. Vibration can also be annoying and thereby impact occupants of structures, and vibration of sufficient amplitude can disrupt sensitive equipment and processes (Caltrans 2020), such as those involving the use of electron microscopes and lithograp hy equipment. Common sources of vibration within communities typically include construction activities and railroads. Ground-borne vibration generated by construction projects is usually highest during pile driving, rock blasting, soil compacting, jack hammering, and demolition-related activities where sudden releases of subterranean energy or powerful impacts of tools on hard materials occur. Depending on their distances to a sensitive receptor, operation of large bulldozers, graders, loaded dump trucks, o r other heavy construction equipment and vehicles on a construction site also have the potential to cause high vibration amplitudes. The maximum vibration level standard used by Caltrans for the prevention of structural damage to typical older residential buildings is 0.3 ips PPV (Caltrans 2020). For human annoyance, Caltrans guidance indicates that a more stringent threshold of 0.2 ips PPV due to continuous vibration (e.g., nearby roadway traffic) would be “annoying.” Vibration velocity limits for transient or single events tend to be less stringent than those for continuous or “steady-state” vibration sources.
Sensitive Receptors
Noise- and vibration -sensitive land uses are typically considered locations where people reside or where the presence of unwanted sound could adversely affect the use of the land. Residences, schools, and hospitals are usual examples, with others depending on what the local jurisdiction may have defined or established. Based on context from the City Noise Ordinance and Chapter 7, Noise, of the Built Environment Element, sensitive receptors include residences, schools, hospitals, hotels and motels, places of worship, and open space/recreation uses.
Existing Aircraft Operations
The City is served by the Fullerton Municipal Airport. The Fullerton Municipal Airport (International Air Transport Association [IATA] airport code: FUL), is a general aviation airport located on the southwestern boundary of the City, between Artesia Avenue and West Commonwealth Avenue. With the current level of aircraft activity, the impact of Fullerton Municipal Airport flight operations is considered significant at some existing residential locations in the City. However, as the flight tracks extend over the majority of City, there are few areas that are not affected by these operations.
4.7.2 Relevant Plans, Policies, and Ordinances
Federal
The Federal Noise Control Act of 1972 established programs and guidelines to identify and address the effects of noise on public health, welfare, and the environment. In 1981, the U.S. Environmental Protection Agency (EPA) administrators determined that subjective issues such as noise would be better addressed at more local levels of government, thereby allowing more individualized control for specific issues by designated Federal, State, and local government agencies. Consequently, in 1982 responsibilities for regulating noise control policies were transferred to specific federal agencies, and state and local governments. However, noise control guidelines and regulations contained in the U.S. EPA rulings in prior years remain in place.
State
The following state regulations and guidance pertaining to noise and vibration assessment would apply to the proposed Project.
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-6
California Noise Control Act of 1973
Sections 46000 through 46080 of the California Health and Safety Code, known as the California Noise Control Act of 1973, declares that excessive noise is a serious hazard to the public health and welfare and that exposure to certain levels of noise can re sult in physiological, psychological, and economic damage. It also identifies a continuous and increasing bombardment of noise in the urban, suburban, and rural areas. The California Noise Control Act declares that the State of California has a responsibility to protect the health and welfare of its citizens by the control, prevention, and abatement of noise. It is the policy of the state to provide an environment for all Californians free from noise that jeopardizes their health or welfare.
California Department of Transportation
In its Transportation and Construction Vibration Guidance Manual, Caltrans indicates a groundborne vibration velocity level of 0.2 ips PPV from traffic or similar continuous or intermittent sources would be “annoying” to building occupants. Although this Caltrans guidance is not a regulation, it can serve as a quantified standard in the absence of such limits at the local jurisdictional level. Similarly, thresholds to assess building damage risk due to construction vibration vary with the type of structure and its fragility; for example, 0.3 ips PPV is recommended as a limit to minimize damage risk for older residential structures, while 0.5 ips PPV would be applicable to newer homes (Caltrans 2020).
California Code of Regulations, Title 24
Title 24, also known as the California Building Standards Code, establishes building standards applicable to all occupancies throughout the state. The current 2019 code provides acoustical regulations for both exterior -to- interior sound insulation as well as sound and impact isolation between adjacent spaces of various occupied units.
Title 24 regulations state that interior noise levels generated by exterior noise sources shall not exceed 45 dBA Ldn, with windows closed, in any habitable room for general residential uses. While these regulations are applicable to the proposed Project, as of January 2019 they are merely informative with respect to CEQA noise impact assessment because the updated Appendix G significance thresholds have eliminated the previous “expose persons to” clause and thus—aside from aviation noise assessment—limits impact significance assessment to the project-attributed noise emission (or indirectly via changes to roadway traffic flows on local roadways) to the surrounding environment.
California Government Code Section 65302(g)
California Government Code Section 65302(g) requires the preparation of a Noise Element in a general plan, which shall identify and appraise the noise problems in the community. The Noise Element shall recognize the guidelines adopted by the Office of Noise Control in the State Department of Health Services and shall quantify, to the extent practicable, current and projected noise levels for the following sources:
▪ Highways and freeways
▪ Primary arterials and major local streets
▪ Passenger and freight on-line railroad operations and ground rapid transit systems ▪ Aviation and airport-related operations
▪ Local industrial plants
▪ Other ground stationary noise sources contributing to the community noise environment
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-7
California General Plan Guidelines
The California General Plan Guidelines, published by the Governor’s Office of Planning and Research, provides guidance for the acceptability of specific land use types within areas of specific noise exposure. Table 4. 7-2 summarizes these guidelines for determining acceptable and unacceptable community noise exposure limits for the various indicated land use categories.
Table 4.7-2. Land Use Compatibility for Community Noise Environments Land Use Type
Community Noise Exposure (CNEL)
Normally
Acceptable1
Conditionally
Acceptable2
Normally
Unacceptable3
Clearly
Unacceptable4
Residential-low density, single-family,
duplex, mobile homes
50–60 55–70 70–75 75–85
Residential – multiple-family 50–65 60–70 70–75 70–85
Transit lodging – motel, hotels 50–65 60–70 70–80 80–85 Schools, libraries, churches, hospitals,
nursing homes
50–70 60–70 70–80 80–85
Auditoriums, concert halls,
amphitheaters
NA 50–70 NA 65–85
Sports arenas, outdoor spectators’
sports
NA 50–75 NA 70–85
Playgrounds, neighborhood parks 50–70 NA 67.5–77.5 72.5–85 Golf courses, riding stables, water
recreation, cemeteries
50–70 NA 70–80 80–85
Office buildings, business commercial
and professional
50–70 67.5–77.5 75–85 NA
Industrial, manufacturing, utilities,
agriculture
50–75 70–80 75–85 NA
Source: Appendix D, Figure 2 from Office of Planning and Research (OPR) 2017.
Notes:
CNEL = Community Noise Equivalent Level; NA = not applicable 1 Normally Acceptable: Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special noise insulation requirements. 2 Conditionally Acceptable: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and needed noise insulation features have been included in the design. Conventional construction, but with closed windows and fresh air supply systems or air conditioning, will normally suffice. 3 Normally Unacceptable: New construction or development should be discouraged. If new construction of development does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise -insulation features must be included in the design.
4 Clearly Unacceptable: New construction or development should generally not be undertaken.
The guidelines also present adjustment factors that may be used to arrive at noise acceptability standards that reflect the noise control goals of the community, the particular community’s sensitivity to noise, and the community’s assessment of the relative importance of noise pollution. The Office of Planning and Res earch guidelines are advisory in nature. Local jurisdictions, including the City, have the responsibility to set specific noise standards based on local conditions.
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-8
Department of Occupational Safety and Health
Within the State of California, the Department of Occupational Safety and Health (DOSH), better known as Cal/OSHA, aims to protect and improve occupational health and safety. Its occupational noise regulations are similar to those of the federal government and while they are intended to apply to occupational health and safety, they can be utilized for purposes of construction noise impacts. Cal/OSHA sets an “Action Level” (AL), of 85 dBA.
The AL is defined as the average employee noise exposure for an 8 -hour day, which when reached or exceeded requires the implementation of actions to reduce the risk of noise induced hearing loss. Cal/OSHA sets a “Permissible Exposure Level” (PEL) of 90 dBA. The PEL is the average employee noise exposure for an 8-hour day, 40-hour week at which nearly all employees may be exposed without adverse health effects. Note that these levels are conservative because they assume a career -long exposure; in the case of assessing noise level exposures at nearby offsite receptors (e.g., h otel guests at an outdoor pool) due to construction activities, the noise exposure during construction activities would be temporary.
Local
City of Fullerton General Plan (The Fullerton Plan)
The State of California has mandated that local governments prepare a noise element as part of their general plans.
The Community Health and Safety Element of the City’s General Plan (Fullerton Plan) contains noise guidelines in Section 2.6, “Noise”. The Community Health and Safety Element is the guiding document for the City’s noise policy and contains various goals with accompanying policies designed to protect residents and businesses from excessive and persistent noise intrusions. Section 2.6 of the Community Health and Safety Element describes the existing noise environment, goals and policies, as well as Federal, State and City noise regulations.
City of Fullerton Municipal Code
The City of Fullerton has established a code of ordinances in regard to noise. Chapter 15.90, “Noise Standards and Regulation”, contains thresholds and guidelines for noise within the City.
Section 15.90.010 of the Municipal Code states:
A. In order to control unnecessary, excessive and annoying sounds emanating from incorporated areas of the city, it shall be the policy of the city to prohibit such sounds generated from all sources as specified in this chapter except that noise regulated by any penal statute or ordinance and those activities that have been preempted by state or federal law.
B. Specified noise levels have been determined to be detrimental to the public health, welfare and safety and contrary to public interest; therefore, creating, maintaining, causing or allowing to create, maintain or cause any noise in a manner prohibited b y or not in conformity with the provisions of this chapter is a public nuisance and shall be punishable as such. (Ord. 2982, 2001).
Section 15.90.030 (A) defines the interior and exterior noise level limits for residential land uses; Table 5.6-3, City of Fullerton Sound Level Limits from the Municipal Code is reproduced below as Table 4.7-3. The City does not have specific noise level limits for commercial or industrial zones.
Section 15.90.030 B. further defines the applicability of the noise level limits for a sensitive use. Section 15.90.030 B. defines a sensitive use as private or public school, hospital, residential care facility for the elderly, and religious
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-9
institution. According to Section 15.90.030 B., it is unlawful for any person within the incorporated area of the city to create any noise that causes the noise level at any sensitive use to exceed the noise limits as specified for the Residential Noise Zone, notwithstanding the sensitive use may be located outside of the Residential Noise Zone.
Table 4.7-3. City of Fullerton Sound Level Limits
Residential Zones
Sound Level Limits dBA L eq – 1-Hour Average
7:00 a.m. to 10:00 p.m.
(day and evening)
10:00 p.m. to 7:00 a.m.
(night)
Interior Noise Level Limits 55 45
Exterior Noise Level Limits 55 50
Section 15.90.030 C. identifies how the sound level limits identified in Section 15.90.030 A., Table 4.7 -3 above, will be enforced. Section 15.90.030 C. states “It shall be unlawful for any person at any location within the incorporated area of the city to create any noise which can be classified as being continuous, reoccurring, predictable, or whose operation of noise -generating capability can be stopped or started at a specified time, or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level, when measured on the property, either incorporated or unincorporated, to exceed:
The noise standard for a cumulative period of more than 30 minutes in any hour; The noise standard plus 5 dBA for a cumulative period of more than 15 minutes but less than 30 minutes in any hour;
The noise standard plus 10 dBA for a cumulative period of more than 5 minutes but less than 15 minutes in any hour;
The noise standard plus 15 dBA for a cumulative period of more than one minute but less than five minutes in any hour; and
The noise standard plus 20 dBA for a cumulative period of less than one minute in an hour.” Section 15.90.030 D. states that “in the event the ambient noise level exceeds any of the five noise limit categories listed in Subsection C, the cumulative period applicable to the category shall be increased to reflect the ambient noise level.”
Section 15.90.050, activities with special provisions, is the relevant ordinance controlling construction noise.
Subsection A states, “the following activities shall be exempt from the noise level standards specified by this chapter provided they take plac e between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday or a City - recognized holiday.
▪ Noise sources associated with construction, repair, remodeling, or grading of any real property; ▪ Mobile noise sources associated with agricultural operations; and ▪ Noise sources associated with the maintenance of real property, including normal maintenance and repair by city and utility crews.
Chapter 15.90 does not set specific noise level limits on construction related activity.
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-10
4.7.3 Thresholds of Significance
The significance criteria used to evaluate the project impacts related to noise are based on Appendix G of the CEQA Guidelines. According to Appendix G of the CEQA Guidelines, a significant impact related to noise would occur if the project would:
1. Result in 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 ordinance, or applicable standards of other agencies.
2. Result in generation of excessive groundborne vibration or groundborne noise levels.
3. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, expose people residing or working in the project area to excessive noise levels.
Based on the results of the Initial Study (Appendix A), the Program would result in less than significant impacts related to the exposure of people residing or working in the Program area to excessive noise levels. As such, the following thresholds are evaluated within this section for the Program:
NOI-1. Would the Program r esult in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Program in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? NOI-2. Would the Program result in generation of excessive groundborne vibration or groundborne noise levels?
4.7.4 Impacts Analysis
NOI-1. Would the Program result in 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 ordinance, or applicable standards of other agencies?
Construction Noise
The 2012 City of Fullerton General Plan defines the intention of the Focus Areas as community-led planning processes that would need to thoughtfully align change with the general character and form, as well as opportunities, desired by the community for each area. As an implementation tool for the General Plan on a localized basis, the HIOZ will facilitate the development of these Focus Areas with a mix of land uses. The intensity of construction activities and the distance between future construction zones and existing noise- sensitive receivers (i.e., residences, nursing care facilities, hospitals, lodging facilities) under the HIOZ would not be materially different from assumptions regarding construction of future development of the area under the 2012 General Plan.
The City’s 2012 General Plan Program EIR (FPEIR) concluded that construction noise is exempt following Section 15.90.050 of the Municipal Code provided the construction activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday or a City-recognized holiday. Further, Chapter 15.90 of the Municipal Code does not set specific noise level limits on construction-related activity. The Proposed Project would not result in new impacts or a substantial increase in the magnitude of impacts compared to
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-11
the 2012 General Plan. Nevertheless, construction-related noise impacts from the Proposed Project would be potentially significant. Adherence to mitigation from the General Plan PEIR would therefore be required to implement construction best management practices (BMPs) in order to reduce short-term construction noise impacts to less than significant levels. In addition to compliance with the City’s Noise Ordinance, goals, policies, and actions in the Fullerton Plan, the General Plan 2012 FPEIR mitigation me asures N-1 and N-2 regarding short-term construction noise are presented here as conditions of approval (COAs) for the Proposed Program and listed below:
COA-N-1 Project applicants shall ensure through contract specifications that the following construction best management practices (BMPs) be implemented by contractors to reduce construction noise levels:
▪ Ensure that construction equipment is properly muffled according to industry standards and be in good working condition.
▪ Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible.
▪ Schedule high noise-producing activities between the hours of 7:00 AM and 8:00 PM on any day except Sunday or a City -recognized holiday to minimize disruption on sensitive uses.
▪ Implement noise attenuation measures to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources.
▪ Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
▪ Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 30 minutes. ▪ 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. ▪ Contract specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading or building permit (whichever is issued first).
COA-N-2 Project applicants shall require by contract specifications that heavily loaded trucks used during construction would be routed away from residential streets to the extent feasible. Contract specifications shall be included in construction documents, whic h shall be reviewed by the City prior to issuance of a grading permit.
Application of COA-N-1 and COA-N-2 would ensure that construction activity noise would comply with the City’s General Plan and Municipal Code policies and thresholds. Therefore, impacts due to construction noise would be considered less than significant.
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-12
Operational Noise (Stationary)
New commercial, residential, and mixed-use development under the Program is not anticipated to result in significantly greater density than envisioned under the 2012 General Plan. New development may trend toward taller vertical structures than exist today, but with mechanical systems (principally for heating, ventilation, and air conditioning) situated on the roof of such structures, new noise sources would generally be at a further distance to any neighboring noise-sensitive receivers thus reducing noise at the ground level as compared to lower profile buildings with the same roof-mounted equipment. Adaptive re-use of existing structures would likely involve more modern and efficient mechanical systems, with the same or lower noise generation than equipment associated with the original occupancy of such structures. Other stationary noise sources such as delivery trucks, heavy machinery, outdoor speakers, parking areas, and landscaping will likely also involve more modern and efficient systems. Nevertheless, operational noise impacts from the Program would be potentially significant. In addition to compliance with the City’s Noise Ordinance, goals, policies, and actions in the Fullerton Plan, the General Plan 2012 FPEIR mitigation measures N -5 and N -6 regarding operational noise are presented here as COAs for the Proposed Program and listed below:
COA-N-5 Residential projects located within the 65 dB CNEL noise contour for the Fullerton Municipal Airport shall be subject to review by the Orange County Airport Land Use Commission and shall be required to ensure interior noise levels from aircraft operations are at or below 45 dB CNEL.
COA-N-6 The City shall require mechanical equipment from future development to be placed as far practicable from sensitive receptors. Additionally, the following shall be considered prior to HVAC installation: proper selection and sizing of equipment, installation of equipment with proper acoustical shielding, and incorporating the use of parapets into the building design.
Application of COA-N-5 would ensure that noise -sensitive receptors within the 65 dB CNEL noise contour for the Fullerton Municipal Airport would not be subjected to interior noise levels greater than or equal to 45 dB CNEL due to aircraft noise. Application of COA -N-6 would ensure that stationary operational noise would comply with the City’s General Plan and Noise Ordinance policies and thresholds. Therefore, impacts due to stationary operational noise would be considered less than significant.
Traffic Noise
Under the Program, the placement of housing, jobs and amenities in closer proximity to each other and design strategies focused on the pedestrian and a variety of multimodal options will make walking and other forms of active transportation a desirable alternative to driving. The HIOZ Program Area would be served by existing roadway, transit, and pedestrian facilities . New developments would not add new roadways to the network . Based upon the fundamentals of acoustics, a doubling (i.e., a 100 percent increase) of traffic volumes would be needed to result in a 3-dB increase in noise levels, which is the level corresponding to an audible change to the typical human listener. As noted in the Fullerton Plan, traffic noise is already the dominant noise source within the City due to the robust roadway network. New developments would not be expected to double the traffic volume, which means that there would not be an audible difference in the traffic noise level to the typical human listener. Therefore, with adherence to and implementation of The Fullerton Plan goals, policies, and actions, Program-level traffic noise impacts would be less than significant.
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-13
NOI-2. Would the Program result in generation of excessive groundborne vibration or groundborne noise levels? Construction Vibration
The 2012 General Plan FPEIR concluded that construction of future development allowed under the 2012 General Plan, including the Program, could generate vibration levels that exceed the FTA’s vibration impact threshold of 85 VdB for human annoyance for sensitive uses that are located at or within 25 feet of potential project construction sites and would therefore be potentially significant. Adherence to mitigation from the General Plan FPEIR would therefore be required in order to reduce generation and/or exposure of persons or structures to ground -borne vibration impacts to less than significant levels. In addition to compliance with the City’s Noise Ordinance, goals, policies, and actions in the Fullerton Plan, the General Plan 2012 FPEIR mitigation measures N-3 and N-4 regarding short-term construction vibration are presented here as conditions of approval (COAs) for the Program and listed below:
COA-N-3 Project applicants shall ensure by contract specifications that construction staging areas along with the operation of earthmoving equipment within the City would be located as far away from vibration and noise sensitive sites as possible. Should construction activities take place within 25 feet of an occupied structure, a project specific vibration impact analysis shall be conducted. Contract specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading permit.
COA-N-4 The City shall require future developments to implement the following measures to reduce the potential for human annoyance and architectural/structural damage resulting from elevated groundborne noise and vibration levels:
▪ Pile driving within a 50 -foot radius of historic structures shall utilize alternative installation methods where possible (e.g., pile cushioning, jetting, predrilling, cast- in-place systems, resonance-free vibratory pile drivers). ▪ The preexisting condition of all designated historic buildings within a 50-foot radius of proposed construction activities shall be evaluated during a preconstruction survey. The preconstruction survey shall determine conditions that exist before construction begins for use in evaluating damage caused by construction activities. Fixtures and finishes within a 50 -foot radius of construction activities susceptible to damage shall be documented (photographically and in writing) prior to construction. All damage shall be repaired back to its preexisting condition. ▪ Vibration monitoring shall be conducted prior to and during pile driving operations occurring within 100 feet of the historic structures. Every attempt shall be made to limit construction -generated vibration levels in accordance with Caltrans recommendations during pile driving and impact activities in the vicinity of the historic structures.
Application of COA-N-3 and COA-N-4 would ensure that construction activity vibration would comply with the City’s General Plan and Municipal Code policies and thresholds. Therefore, impacts due to construction vibration would be considered less than significant.
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-14
Operational Vibration
Vibration generation associated with commercial facilities is typically only associated with very large/heavy equipment that includes a rotating component or impact function. Commercial operations envisioned within the HIOZ would be expected to generate li mited levels of ground vibration, which are unlikely to be perceptible beyond the property line of the facility. Therefore, vibration from future commercial operations developed under the HIOZ would be less than significant.
4.7.5 Conditions of Approval and Mitigation Measures
Implementation of the following conditions of approval would ensure that noise and vibration impacts remain less than significant. As such, no mitigation is required.
COA-N-1 Project applicants shall ensure through contract specifications that the following construction best management practices (BMPs) be implemented by contractors to reduce construction noise levels:
▪ Ensure that construction equipment is properly muffled according to industry standards and be in good working condition.
▪ Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible.
▪ Schedule high noise-producing activities between the hours of 7:00 AM and 8:00 PM on any day except Sunday or a City-recognized holiday to minimize disruption on sensitive uses. ▪ Implement noise attenuation measures to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources. ▪ Use electric air compressors and similar power tools rather than diesel equipment, where feasible. ▪ Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 30 minutes. ▪ 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 superintend ent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party.
▪ Contract specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading or building permit (whichever is issued first).
COA-N-2 Project applicants shall require by contract specifications that heavily loaded trucks used during construction would be routed away from residential streets to the extent feasible. Contract specifications shall be included in construction documents, whic h shall be reviewed by the City prior to issuance of a grading permit.
COA-N-3 Project applicants shall ensure by contract specifications that construction staging areas along with the operation of earthmoving equipment within the City would be located as far away from vibration and noise sensitive sites as possible. Should construction activities take place within 25 feet of an occupied structure, a project specific vibration impact analysis shall be conducted. Contract
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-15
specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading permit.
COA-N-4 The City shall require future developments to implement the following measures to reduce the potential for human annoyance and architectural/structural damage resulting from elevated groundborne noise and vibration levels:
▪ Pile driving within a 50 -foot radius of historic structures shall utilize alternative installation methods where possible (e.g., pile cushioning, jetting, predrilling, cast -in-place systems, resonance-free vibratory pile drivers).
▪ The preexisting condition of all designated historic buildings within a 50-foot radius of proposed construction activities shall be evaluated during a preconstruction survey. The preconstruction survey shall determine conditions that exist before construct ion begins for use in evaluating damage caused by construction activities. Fixtures and finishes within a 50 -foot radius of construction activities susceptible to damage shall be documented (photographically and in writing) prior to construction. All damage shall be repaired back to its preexisting condition. ▪ Vibration monitoring shall be conducted prior to and during pile driving operations occurring within 100 feet of the historic structures. Every attempt shall be made to limit construction - generated vibration levels in accordance with Caltrans recommendatio ns during pile driving and impact activities in the vicinity of the historic structures.
COA-N-5 Residential projects located within the 65 dB CNEL noise contour for the Fullerton Municipal Airport shall be subject to review by the Orange County Airport Land Use Commission and shall be required to ensure interior noise levels from aircraft operations are at or below 45 dB CNEL.
COA-N-6 The City shall require mechanical equipment from future development to be placed as far practicable from sensitive receptors. Additionally, the following shall be considered prior to HVAC installation: proper selection and sizing of equipment, installation of equipment with proper acoustical shielding, and incorporating the use of parapets into the building design.
4.7.6 Significance Conclusion
Threshold NOI -1. The Project would have a less -than-significant impact with mitigation incorporated related to construction noise. The Project would have a less-than-significant impact with mitigation incorporated related to operational noise. The Project would have a less-than-significant impact related to offsite traffic noise.
Threshold NOI -2. The Project would have a less -than-significant impact with mitigation incorporated related to generation of excessive groundborne vibration or groundborne noise levels related to construction. The Project would have a less -than-significant impact with related to generation of excessive groundborne vibration or groundborne noise levels related to operation of the Proposed Program.
4.7.7 Cumulative Effects
Where a lead agency concludes that the cumulative effects of a project, taken together with the impacts of other closely related past, present, and reasonably foreseeable future projects are significant, the lead agency then must determine whether the proj ect’s incremental contribution to such significant cumulative impact is “cumulatively
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-16
considerable” (and thus significant in and of itself). The cumulative study area used to assess potential cumulative recreational impacts includes the Project area. Specifically, the cumulative analysis considers the City of Fullerton and proximate municipalities for the Project area.
Threshold NOI-1. The proposed Project and related development projects within or adjoining its area would all be subject to applicable noise standards , depending upon the local jurisdiction —the City of Fullerton, for which applicable standards have been summarized in Section 4.7.2. On this basis, and because noise impacts with respect to relevant standards are predicted to be less than significant with mitigation incorporated, the proposed Project would not contribute to cumulative exceedances of noise standards.
Temporary/Periodic Increases in Ambient Noise Levels. The proposed Project would result in temporary noise increases during construction of future developments arising from its implementation, as discussed under Threshold NOI-I in Section 4.7.4. The construction period of future developments under the proposed Project has the potential to overlap with the construction of other projects in the City and proximate municipalities. Due to the decrease in noise levels with distance and the presence of physical ba rriers (i.e., intervening buildings and topography), noise due to construction of other projects would not meaningfully combine with future development under the proposed Project to produce a cumulative noise effect during construction. By way of illustration, if there are two concurrent construction projects of comparable sound emission intensity, and the activity nearest to the studied noise-sensitive receptor is compliant with the City’s applicable noise threshold, the other activity could be no closer t han three times the distance of the receptor to the nearest activity and not make a cumulatively measurable contribution to the total and still City-compliant noise exposure level. If two concurrent projects were close to a receptor, the cumulative noise would be one of the following:
▪ the louder (in dBA) of the two concurrent activities; or, ▪ a logarithmic sum of the two activity noise levels that, per acoustic principles, cannot be more than 3 dBA greater than the louder of the two individual noise-producing activities.
In sum, cumulative construction noise is likely to be dominated by the closest or loudest activity to the receptor, and the combination will be no more than a barely perceptible difference (i.e., up to a 3 dBA change).
Hence, for the above reasons, cumulative impacts due to cumulative construction noise could be considered significant under certain conditions of multiple project proximity to a common noise -sensitive receiving land use.
Mitigation of such cumulative construction noise impact would require each individual project to comply with the City’s construction noise standard and involve measures as appearing in COA N -1 and COA N -2. Therefore, cumulative construction noise is considered significant and unavoidable.
Permanent Increase in Ambient Noise Levels/Stationary Sources . Long-term operational noise would result from operation of future development facilitated by the proposed Project, such as permanent on-site noise sources (e.g., HVAC equipment), as addressed under Threshold NOI-1. A cumulative impact could result if noise produced resulting from implementation of the proposed Project were to combine with noise produced from the operation of other related projects in the vicinity to create a cumulatively significant permanent increase in ambient noise levels. The operation of future projects implemented under the proposed Project, along with the operation of other related projects, would be subject to applicable requirements from the C ity’s noise ordinance or similar regulations from neighboring municipalities, which would also limit the exterior noise levels at noise-sensitive land uses . However, despite compliance with these noise regulations that are based on fixed standards (or are adjusted upwards to match the pre- existing outdoor ambient sound level if measured to be higher), there is a potential risk of creating a durable increase
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-17
in outdoor ambient sound due to the combination of concurrent stationary noise sources in proximity to a common noise-sensitive receptor.
As discussed in the preceding paragraphs with respect to temporary increases in the outdoor ambient sound level due to concurrent construction noise, the combination of two potential nearby operating facilities would generate one of the following outcomes in the absence of a dominant traffic-related acoustical contribution:
▪ the louder (in dBA) of the two concurrent operating facilities; or, ▪ a logarithmic sum of the two aggregate stationary source noise levels that, per acoustic principles, cannot be more than 3 dBA greater than the louder of the two individual noise-emitting facilities.
In sum, cumulative stationary operation noise is likely to be dominated by the closest or loudest facility to the receptor, and the combination will be no more than a barely perceptible difference (i.e., up to a 3 dBA change). However, mitigation of such cumulative operational noise impacts would require each individual project to comply with the City’s construction noise standard and involve measures as appearing in COA N -5 and COA N -6. Therefore, cumulative impacts to outdoor ambient noise levels resulting from proposed Project stationary sources combining with another unrelated project could result in a cumulatively considerable change greater than 3 dBA.
Permanent Increase in Ambient Noise Levels/Off -Site Traffic Noise. Future residential development facilitated by the proposed Project along with other related projects would generate off -site traffic noise, as addressed under Threshold NOI-1. A cumulative impact could result if noise produced from implementation of the proposed Project were to combine with noise produced from the “with project” traffic of other related projects in the vicinity to create a cumulatively significant permanent increase in ambient noise levels. The operation of future projects implemented under the proposed Project, along with the operation of other related projects, would be subject to applicable requirements from the City’s noise ordinance or similar regulations from neighboring municipalities, which would also limit the exterior noise levels at noise-sensitive land uses. However, despite compliance with these noise regulations that are based on fixed standards, there is a potential risk of creating a durable increase in outdoor ambient sound due to the combination of concurrent traffic noise sources in proximity to a common noise-sensitive receptor.
Similar to the discussion in previous paragraphs, a doubling of traffic volumes is necessary to achieve a change of 3 dBA. Cumulative traffic noise is likely to be dominated by the closest or loudest roadway to the receptor, and the combination will be no more than a barely perceptible difference (i.e., up to a 3 dBA change). However, mitigation of such cumulative traffic nois e impacts would require each individual project to comply with the City’s traffic noise standards. Therefore, cumulative impacts to o utdoor ambient noise levels resulting from proposed Project traffic noise sources combining with another unrelated project could result in a cumulatively considerable change greater than 3 dBA.
Threshold NOI-2. Construction-related vibration from future development under the proposed Project was addressed under Threshold 4.13-2. Other foreseeable projects within the vicinity of the proposed Project area would not be close enough to create a combined excessive generation of groundborne vibration. Like airborne sound, and as previously discussed, groundborne vibration attenuates rapidly with increasing distance from the source. Thus, cumulative impacts associated with excessive groundborne vibration would be less than significant. No mitigation is required.
4.7 – NOISE
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.7-18
4.7.8 References Cited
Caltrans (California Department of Transportation). 2013. Technical Noise Supplement to the Traffic Noise Analysis Protocol. September.
Caltrans. 2020. Transportation and Construction Vibration Guidance Manual. April 2020. https://dot.ca.gov/ -/media/dot-media/programs/environmental-analysis/documents/env/tcvgm-apr2020-a11y.pdf.
City of Fullerton. Municipal Code Chapter 15.90.
https://codelibrary.amlegal.com/codes/fullerton/latest/fullerton_ca/0-0-0-11627. March 2023.
City of Fullerton. The Fullerton Plan. https://www.cityoffullerton.com/home/showpublisheddocument/1049/ 637436165077900000. May 2012.
City of Fullerton. The Fullerton Plan Environmental Impact Report - Section 5.6: Noise. https://codelibrary.amlegal.com/codes/fullerton/latest/fullerton_ca/0-0-0-11627. May 2012.
OPR (Governor’s Office of Planning and Research). 2017. General Plan Guidelines. Appendix D: Noise Element Guidelines. https://opr.ca.gov/docs/OPR_Appendix_D_final.pdf.
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-1
4.8 Population and Housing
This section describes the existing population and housing conditions of the Planning Area and regional vicinity , identifies associated regulatory requirements, evaluates potential impacts, and identifies mitigation measures related to implementation of the proposed Program.
4.8.1 Existing Conditions
As described in Chapter 3, Project Description, of this Draft PEIR, the Program is proposed within the City of Fullerton (City), a city located in north Orange County, California, as shown in Figure 3-1, Regional Location. The proposed Program would apply to select parcels across the City. Given the Citywide nature of the Program, the location of identified parcels is collectively defined as the “Planning Area” as shown in Figure 3-2, Fullerton HIOZ Map.
The following discussion details the existing environmental conditions related to population and housing, focusing on the regional and local existing population, housing, and employment numbers, the existing jobs-housing balance, the City’s General Plan buildout projections, regional projections based on SCAG’s Connect SoCal, and projected jobs-housing balance.
Regional Overview
Existing Population, Housing, and Employment and Projections The Southern California Association of Governments (SCAG) is the nation’s largest metropolitan planning organization, representing six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura), 191 cities, and approximately 19 millio n residents. SCAG completes a comprehensive update of the Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) every four years to update the regional growth forecast, integrate new projects and programs funded by the six county transpor tation commissions, to confirm alignment with federal and state performance standards and environmental requirements, and to review and refine regional strategies to address gaps in achieving the region’s vision for greater mobility, sustainability, and economic prosperity. The RTP/SCS is a “living” document that can be amended and refined in between the four-year cycles, as necessary, to address regionally significant changes in transportation programs and funding. At the time of the issuance of the NOP, t he applicable regional growth forecasts were included in SCAG’s 2020–2045 RTP/SCS, known as Connect SoCal (SCAG 2020).
A combination of forecasts for population, households, and employment within the SCAG region and Orange County (County), is included in SCAG’s Demographics and Growth Forecast Technical Report (SCAG 2020b) and is presented below in Table 4.8-1.
Table 4.8-1. SCAG Regional Population, Households, and Employment Forecasts 2020 2030 2045
Total Change
from 2020 to
2045
Percent Change
from 2020 to
2045
SCAG Region
Population 19,518,000 20,821,000 22,504,000 +2,986,000 +15.3% Households 6,333,000 6,903,000 7,633,000 +1,300,000 +20.5%
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-2
Table 4.8-1. SCAG Regional Population, Households, and Employment Forecasts 2020 2030 2045
Total Change
from 2020 to
2045
Percent Change
from 2020 to
2045
Employment 8,695,000 9,304,000 10,049,000 +1,354,000 +15.6% Orange County
Population 3,268,000 3,441,000 3,535,000 +267,000 +8.17% Households 1,065,000 1,104,000 1,154,000 +89,000 +8.36% Employment 1,774,000 1,886,000 1,980,000 +206,000 +11.61% Source: SCAG 2020b
According to the Connect SoCal, on a national level, population growth has slowed. However, while growth rates are at a historic low; an increase to the total population is expected. In the SCAG region, a 0.6% annual growth rate corresponds to about 114,000 new residents annually, nearly 3 million new residents between 2020 and 2045. For the County, a total population increase of 8.17% is anticipated between 2020 and 2045 (SCAG 2020b).
Planned Growth
As detailed further below in Section 4.8.2, Relevant Plans, Policies, and Ordinances, the SCAG region is currently within the 6th Regional Housing Needs Allocation (RHNA) Cycle, which spans from October 2021 to October 2029.
RHNA is mandated by the State Housing Law as part of a periodic process of updating local housing elements in city and county general plans. RHNA is produced by SCAG and contains a forecast of housing needs within each jurisdiction within the SCAG region for a period of eight years. The RHNA provides an allocation of the existing and future housing needs by jurisdiction that represents the jurisdiction’s fair share allocation of the projected regional population growth. The future housing needs allocations are broken down by income level so that each jurisdiction is responsible for the development of affordable housing units to meet future housing needs. The 6th RHNA Cycle is in effect at the time of preparing this Draft PEIR.
The allocation is based on a methodology developed by SCAG to distribute existing and projected housing need , including anticipated vacancies and projected household growth, for each jurisdiction. The regional existing need for additional housing units was determined to be 836,857 units, and the regional projected need is 504,970 units (SCAG 2021; SCAG 2020c). The California Department of Housing and Community Development’s (HCD’s) regional determination of 1,341,827 exceeds SCAG’s 2020–2045 household growth forecast of 1,297,000 by 3.68% (SCAG 2020c). SCAG’s 6th Cycle RHNA allocation to local jurisdictions based on the Regional Council-approved Final RHNA Methodology described above includes the allocations shown in Table 4.8-2.
Table 4.8-2. SCAG’s 6th Cycle Final RHNA Allocation
Total Very -Low Income Low Income Moderate Income Above Moderate Income SCAG Region
1,341,827 351,796 206,807 223,957 559,267
Orange County
183,861 46,416 29,242 32,546 75,657
City of Fullerton
13,209 3,198 1,989 2,271 5,751
Source: SCAG 2021
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-3
Local Overview
Given the Citywide nature of the Program, the following discussion is focused on the City’s General Plan in addition to the existing conditions of the Planning Area.
Citywide Population
Table 4.8-3 presents historic data , estimates, and projections for population growth in the City and the County between 2016 and 2045 based on data from the U.S. Census Bureau ( 2020 and 2022 Census data estimates), as well as California Department of Finance (DOF) and SCAG’s Connect SoCal estimates.
Table 4.8-3. City and County Population Estimates and Projections 2016–2045 Year
City of Fullerton
Total Residents
Orange County
Total Residents
2016 a 141,900 3,180,000
2020 b 143,617 3,186,989
2022 b 140,541 3,186,979
2023 c 142,873 3,137,164
2030 a — 3,441,000
2035 a — 3,499,000
2045 a 158,300 3,535,000
Forecasted Change from 2016 to 2045 +16,400 +355,000
Total Percentage Change from 2016 to 2045 +11.6% +11.2% Average Annual Percentage Change from 2016 to 2045 +0.40% +0.38% Note: The U.S. Census Bureau and SCAG have not projected the City’s population for the years 2030 and 2035. The DOF’s 2023 data represents the most-recently available population estimates at the time of preparing this Draft PEIR.
Sources:
a SCAG 2020b (Tables 13 and 14)
b Census 2023
c DOF 2023
According to SCAG and a s shown in Table 4. 8-3, the City’s projected total and average annual percentage of population growth is anticipated to be higher than the County’s population growth rate when compared over the same time period. According to Table 4. 8-3, a total of 16,400 new residents are anticipated to move to the City between 2016 and 2045. When comparing to the U.S. Census Bureau 2022 American Community Survey estimates, the City’s population declined since 2020 to a total of 140,541 in 2022 (an approximate 2.16% decline).
However, as shown above, the City’s population appears to have rebounded in 2023 according to the DOF.
Citywide Housing
Table 4.8-4 presents historic data, estimates, and projections in the City’s and the County’s housing stock between 2016 and 2045 based on estimates from the DOF 2023 and SCAG’s Connect SoCal.
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-4
Table 4.8-4. City and County Housing Estimates and Forecasts 2016–2045 Year
City of Fullerton
Total Housing Units
Orange County
Total Housing Units
2016 a 46,400 1,025,000
2020 b — 1,146,436
2023 c 50,620 1,149,943
2030 a — 1,104,000
2035 a — 1,125,000
2045 a 52,900 1,154,000
Forecasted Change from 2016 to 2045 +6,500 +129,000
Total Percentage Change from 2016 to 2045 +14.0% +12.59% Average Annual Percentage Change from 2016 to 2045 +0.48% +0.43% Note: The Census has not released the total number of housing units for the City in 2020. In addition, SCAG’s Connect SoCal did not project the City’s housing stock for the years 2030 and 2035. The DOF’s 2023 data represents the most-recently available housing estimates at the time of preparing this Draft PEIR.
Sources:
a SCAG 2020b
b Census 2023
c DOF 2023
According to SCAG and as shown in Table 4.8-4, the City’s projected total and average annual rate of housing growth is estimated to be higher than the County’s housing growth rate when compared over the same time period (2016 to 2045).
Citywide Employment
Table 4.8-5 presents historic data, estimates, and forecasts of employment in the City and the County between 2016 and 2045 based SCAG’s Connect SoCal and the State Employment Development Department (EDD).
Table 4.8-5. City and County Employment Estimates and Forecasts 2016–2045 Year
City of Fullerton
Total Employment
Orange County
Total Employment
2016 a 63,200 1,710,000
2023 b 67,800 1,551,300
2030 a — 1,886,000
2035 a — 1,928,000
2045 a 85,400 1,980,000
Forecasted Change from 2016 to 2045 +22,200 +270,000
Total Percentage Change from 2016 to 2045 +35.1% +15.8% Average Annual Percentage Change from 2016 to 2045 +1.21% +0.54% Note: SCAG has not provided employment forecasts for City for the years 2030 and 2035. The DOF’s 2023 data represents the most- recently available employment estimates at the time of preparing this Draft PEIR.
Sources:
a SCAG 2020b
b EDD 2023
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-5
According to the EDD, there are a total of 67,8000 jobs under existing conditions with an unemployment rate of
3.9% (EDD 2023). As shown in Table 4.8-5, the City’s projected total and average annual rate of employment growth is higher than the County’s employment growth rate when compared over the same time period (2016 to 2045).
Existing Jobs -Housing Balance
A jobs/housing balance is a ratio that indicates the number of available jobs in the City compared to the number of available housing units. The ratio is one potential indicator of a community’s ability to reduce commuter traffic and overall vehicle miles traveled (VMT) by maintaining a balance between employment and housing in close proximity (e.g., within the City limits). A general measure of the balance of a community's employment opportunities with the needs of its residents is through a “jobs –housing balance” test. A balanced community would have a match between employment and housing opportunities so that most of the residents could also work in the community.
SCAG defines a balanced community as an area extending about 14 miles around an employment center with a ratio of 1.0 to 1.29 jobs per household (SCAG 2001). Using the data presented in Tables 4.8 -3 and 4.8 -4, above, the City’s housing stock is estimated to be 50,620 units compared to 67,800 jobs in 2023. As such, the City maintains a 1.33:1 jobs-to-housing ratio, which is considered to being a slightly jobs-rich community.1 In addition, assuming a 2045 housing stock of 52,900 and a 2045 employment of 85,400 as estimated by SCAG, the City would continue to be considered a jobs-rich community with a 1.6:1 jobs-to-housing ratio.2 City of Fullerton General Plan
General Plan Buildout
The City’s 2012 General Plan estimates buildout projections for the City based on anticipated changes to the City’s Focus Areas, as further defined in Section 4.8.2 , which are informed by DOF estimates and other growth assumptions (City of Fullerton 2012b) . Table 4.8-6 demonstrates housing, population, and employment growth within the City from 2010 to the General Plan’s buildout year of 2030.
Table 4.8-6. General Plan Buildout
Description Baseline (2010 ) Buildout (2030 ) Growth
Residential Uses (Dwelling Units) 45,947 56,130 +10,183 Household Size (Persons per Household) 2.945 2.945 N/A
Population (Persons) 135,314 165,303 +29,989
Non-Residential Development (Square Feet) 45,641,015 56,307,474 +10,666,459 Employment (Jobs) 59,851 83,883 +24,032
Source: City of Fullerton 2012b
Note: This table is based on Table 3-6, The Fullerton Plan Growth Assumptions.
The General Plan identified Focus Areas of potential change within the City that is anticipated or planned to occur within the buildout projections. Table 4.8 -7, below, represents the buildout of residential (including subsequent population change) and non-residential development within each Focus Area.
1 67800 divided by 50620 = 1.33
2 85400 divided by 52900 = 1.61
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-6
Table 4.8-7. Focus Areas Buildout
Focus Area
Residential Non -Residential
Dwelling Units Population Square
Feet Growth Buildout Growth Persons Growth
A (Airport Industrial) 173 84 509 247 6,192,169 252,019 B (Commonwealth Corridor) 1,269 477 3,737 1,405 1,480,068 323,450 C (Orangethorpe Corridor Nodes) 1,068 719 3,145 2,117 1,894,966 832,689 D (Harbor Gateway) 4,306 2,549 12,681 7,507 3,317,166 1,438,580 E (Downtown) 2,140 926 6,302 2,727 3,303,735 223,114
F (Transportation Center) 1,562 1,560 4,600 4,594 783,402 320,000 G (North Harbor Corridor 337 240 992 707 2,411,298 870,906 H (North Industrial) 1,142 1,142 3,363 3,363 3,900,481 1,354,783 I (Chapman Corridor) 586 292 1,726 860 1,018,283 446,227 J (Education) 7,867 1,234 23,168 3,634 9,153,388 1,880,572 K (Southeast Industrial) 202 1 595 3 17,137,903 2,654,428 L (West Coyote Hills) 760 760 2,238 2,238 205,423 69,697 Total 21,412 +10,183 63,058 +29,403 50,798,275 +10,666,459 Source: City of Fullerton 2012b
Note: The table is a combination of General Plan PEIR Table 3-4, Projected Land Use Change – Focus Areas (Increase Over Existing Conditions), and Table 5.2-9, Forecast Population and Housing – Focus Area.
The Planning Area includes parcels within each of the Focus Areas, with the exception of Focus Area F, Transportation Center. A total of 628 out of 759 parcels are located within the General Plan Focus Areas. A majority of the parcels within Focus Areas are located within Focus Area B, Commonwealth Corridor, followed by Focus Areas C and I, Orangethorpe Corridor Nodes and Chapman Corridor, respectively. The remaining 131 parcels within the Planning Area are not located within Focus Areas.
Planning Area
Under existing conditions, the Planning Area contains a variety of land uses, as detailed in the HIOZ Site Inventory (Appendix B to this Draft PEIR), consisting of commercial (i.e., retail stores, restaurants, shopping centers, etc.), industrial (i.e., warehouse, industrial parks, auto repair, etc.), and office uses as well as vacant land (e.g., parking lots).
Moreover, the Planning Area is currently zoned for non-residential uses. However, approximately 121 parcels contain existing non-conforming residential land uses on site. The total number of existing units is unknown; however, it is estimated that approximately 176,441 square feet of building area is occupied by residential land uses. Given that the total number of dwelling units is not known at this time, an existing population cannot be estimated.
Table 4.8-8 details the Planning Area’s estimated existing square feet of structures on site and anticipated employment per land use category . As shown, the Planning Area consists of existing structures totaling approximately 6,938,186 square feet (including 197,529 square feet of existing non -conforming residential structures). Utilizing employment generation factors from SCAG, it is anticipated that approximately 11,139 jobs are supported under existing conditions within the Planning Area.
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-7
Table 4.8-8. Planning Area Existing Employment
Existing Land Use
Number of
Parcels a
Total Existing
Square Feet (SF) a
Generation Factors
(SF/Employee) b
Anticipated
Employees
Commercial Uses 486 4,637,709 Other Retail/ Services
(623 SF/Employee)
7,444
Industrial Uses 99 2,118,566 Light Manufacturing
(576 SF/Employee)
3,678
Office Uses 2 5,471 Low-Rise Office
(324 SF/Employee)
17 Vacant Land 51 0 — —
Non-Conforming
Residential Uses
121 176,441 — —
Total 759 6,938,186 — 11,139
Sources:
a Appendix B
b SCAG 2001
Note: The “total” estimates for the Planning area are roughly equivalent to the sum of each land use type; however, the estimates may not sum precisely due to rounding.
4.8.2 Relevant Plans, Policies, and Ordinances
Federal
There are no federal programs, policies, or regulations related to population or housing that are applicable to the Program.
State
Housing Element Law
Pursuant to Section 65580 of the Government Code, a Housing Element of a General Plan must contain local commitments to the following:
▪ Provide sites with appropriate zoning and development standards and with services and facilities to accommodate the jurisdiction’s RHNA for each income level. The RHNA is the only population and/or housing requirement that applies to the General Plan Update. ▪ Assist in the development of adequate housing to meet the needs of lower and moderate-income households. ▪ Address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.
▪ Conserve and improve the condition of the existing affordable housing stock. ▪ Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status or disability.
▪ Preserve assisted housing developments for lower income households.
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-8
State law requires that jurisdictions provide their fair share of regional housing needs. HCD is mandated to determine the statewide housing need. The HCD, in cooperation with local governments and councils of governments, are charged with making a determi nation of the existing and projected housing need as a share of the statewide housing need of their city or region. The housing construction need is determined for four broad household income categories: very low (households making less than 50% of median family income), low (50% to 80% of median family income), moderate (80% to 120% of median family income), and above moderate (more than 120% of median family income). The intent of the future needs allocation by income groups is to relieve the undue concentration of very low and low-income households in a single jurisdiction and to help allocate resources in a fair and equitable manner.
The “fair share” allocation process begins with the DOF’s projection of statewide housing demand for an eight-year period, which is then apportioned by the HCD among each of the state’s official regions, which are represented by councils of government. A local jurisdiction’s fair share of regional housing need is the number of additional dwelling units that will need to be constructed during a given eight-year planning period. Once a local government has received its final RHNA, it must revise its Housing Element to show how it plans to accommodate its portion of the region’s housing need. See more discussion below.
Regional
Connect SoCal
SCAG is the Metropolitan Planning Organization for six counties: Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial Counties. As the designated Metropolitan Planning Organization, SCAG is mandated to research and develop plans for transportation, growth management, hazardous waste management, and air quality. SCAG is responsible for planning efforts that result in the RTP and the Federal Transportation Improvement Program. SCAG also develops the SCS to reduce greenhouse gas emissions as required by the Sustainable Communities and Climate Protection Act (Senate Bill 375). The RTP is a long-range transportation plan that is developed and updated by SCAG every four years to guide transportation investments throughout the region. The SCS is a required element of the RTP that integrates land use and transportation strategies to achieve California Air Resources Board emissions reduction targets pursuant to Senate Bill 375.
The SCAG Regional Council adopted the Connect SoCal on September 3, 2020. Connect SoCal includes goals to increase mobility and enhance sustainability for the region’s residents and visitors and encompasses three principles to improve the region’s future: mobility, economy, and sustainability. In addition, Connect SoCal provides a regional investment framework to address the region’s transportation and related challenges, while enhancing the existing transportation system and integrating land use into trans portation planning. Connect SoCal recommends local jurisdictions accommodate future growth within existing urbanized areas, particularly near existing transit, to reduce VMT, congestion, and greenhouse gas emissions.
As part of Connect SoCal, SCAG develops population and housing forecasts for the SCAG region and for the jurisdictions that make up the SCAG region. SCAG is responsible for developing demographic projections; developing land use, housing, employment, transportation programs and strategies for South Coast Air Quality Management District; ensuring that the RTP and the Federal Transportation Improvement Program conform to the State Implementation Plans for transportation -related criteria pollutants, per the Cl ean Air Act; preparing the Regional Housing Needs Assessment, including planning for future population, housing, and employment growth throughout the SCAG region; and preparing the Southern California Hazardous Waste Management Plan. SCAG is the responsible agency for developing and adopting regional housing, population, and employment growth forecasts
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-9
within the SCAG region. SCAG’s demographic data is developed to enable the proper planning of infrastructure and facilities to adequately meet the needs of the anticipated growth.
The adopted Connect SoCal was made available for public review in March 2020 (SCAG 2020). On May 7, 2020, the Regional Council adopted Resolution No. 20 -621-1 certifying the Connect SoCal and the associated Program Environmental Impact Report (PEIR) and appro ving Connect SoCal for federal conformity purposes only. On September 3, 2020, the SCAG Regional Council unanimously voted to approve Resolution No. 20 -624-1 to: (1) adopt the Connect SoCal PEIR Addendum and Revised Mitigation Monitoring and Reporting P rogram; (2) approve Connect SoCal in its entirety; and (3) submit Connect SoCal to the California Air Resources Board for confirmation that the Plan meets greenhouse gas reduction targets .
According to SCAG, for the purpose of determining consistency with Connect SoCal under the California Environmental Quality Act (CEQA), lead agencies, such as the City, have the sole discretion in determining a local project’s consistency; consistency shou ld be evaluated using the goals and policies of Connect SoCal and its associated PEIR. Connect SoCal does not supersede or otherwise affect a local jurisdiction’s authority or decisions on future development, including entitlements and development agreements. There is no obligation by a jurisdiction to change its land use policies, General Plan, or regulations to be consistent with Connect SoCal (SCAG 2020a).
For informational purposes, SCAG released the Connect SoCal 2024, also known as the 2024-2050 RTP/SCS, for public review and comment on November 2, 2023 (SCAG 2023). Given that the Connect SoCal 2024 is still in draft form, the 2020 Connect SoCal is used for the purposes of this Draft PEIR.
Regional Housing Needs Allocation
RHNA is mandated by the State Housing Law as part of a periodic process of updating local housing elements in city and county general plans. RHNA contains a forecast of housing needs within each jurisdiction within the SCAG region for eight-year periods. RHNA provides an allocation that represents the jurisdiction’s fair share of the projected regional population growth. The future housing needs allocations are broken down by income level so that each jurisdiction is responsible for the development of affordable housing units to meet future housing needs.
SCAG is required to develop a final RHNA methodology to distribute existing and projected housing need for the 6th Cycle RHNA for each jurisdiction, which will cover the planning period October 2021 through October 2029. Several guiding principles that SCAG staff has developed to use as the basis for developing the distribution mechanism for the RHNA methodology, as detailed below.
The housing crisis is a result of housing building not keeping up with growth over the last several decades.
The RHNA allocation for all jurisdictions is expected to be higher than the 5th RHNA cycle.
Each jurisdiction must receive a fair share of their regional housing need. This includes a fair share of planning for enough housing for all income levels, and consideration of factors that indicate areas that have high and low concentration of access to opportunity.
It is important to emphasize the linkage to other regional planning principles to develop more efficient land use patterns, reduce greenhouse gas emissions, and improve overall quality of life.
HCD provided SCAG a final regional determination of 1,341,827 units for the 6th Cycle RHNA on October 15, 2019.
Following the formal distribution of draft RHNA allocations based on the Final RHNA methodology and a separate appeals phase described in Government Code 65584.05 et seq., RHNA allocations were adopted on March 4, 2021 by the SCAG Regional Council, and approved by HCD on March 22, 2021, and later modified on July 1, 2021. Based
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-10
on SCAG’s determination of existing need and projected needs, which considers anticipated vacancies and projected household growth, the regional existing need for additional housing units has been determined to be 836,857 units, and the regional projected need is 504,970 units (SCAG 2020a). In total, HCD’s regional determination of 1,341,827 exceeds SCAG’s 2020–2045 household growth forecast of 1,297,000 by 3.68% (SCAG 2020b).
Local
The Fullerton Plan
The City’s General Plan (or The Fullerton Plan), adopted in May 2012, provides goals and policies to achieve the vision for the City. The General Plan, in accordance with State law and the California's General Plan Guidelines, is organized in four parts: The Fullerton Built Environment, the Fullerton Economy, the Fullerton Community, and the Fullerton Natural Environment (City of Fullerton 2012a). State law requires that general plans address the several topics (or “Elements”) of land use, circulation, housing, open space, conservation, safety, noise, and environmental justice, in accordance with California Government Code Section 65302. The Land Use Element or the Fullerton Built Environment provides growth projections for land use patterns within the City.
The City’s General Plan identifies 12 Focus Areas that present opportunities where land use and design change can help fully implement the vision of The Fullerton Plan. The Focus Areas are designed to catalyze revitalization efforts along corridors; create more options for travel between Fullerton’s major destinations and neighborhoods; guide the enhancement of unique assets; and support the function of business clusters such as medical facilities and industrial areas. For each Focus Area, the General Plan provides objectives to serve as a framework for further community-based planning efforts. (City of Fullerton 2012a). These focus areas were identified as opportunity areas because they generally possess some or all of the following characteristics: (1) Areas that are currently experiencing transition or anticipated transition in the near future, (2) Areas that exhibit special community resources (historic, educational, cultural, etc.), (3) Areas providing a variety of development options or market interest, and (4) Areas exhibiting potential for enhancement or reinvestment through public or private investment. Given the outlined criteria, the General Plan established the following: Focus Area A: Airport Industrial; Focus Area B: Commonwealth Corridor; Focus Area C: Orangethorpe Corridor Nodes ; Focus Area D: Harbor G ateway; Focus Area E: Downtown ; Focus Area F: Transportation Center ; Focus Area G: North Harbor Corridor ; Focus Area H: North Industrial ; Focus Area I: Chapman Corridor ; Focus Area J: Education ; Focus Area K: Southeast Industrial ; and Focus Area L: West Coyote Hills.
Additionally, the General Plan includes goals and policies for implementation. The following provides a summary of the most applicable goals and policies across applicable General Plan Elements that pertain to the Program (City of Fullerton 2012c):
Goal 1. Resilient and vital neighborhoods.
Policy 1.3. Small Lot Housing. Amend the Zoning Ordinance to create a floating zone that allows the development of townhomes and single -family homes on small lots within the City’s residential neighborhoods. Consider the use of form-based standards to ensure that buildings have a quality design and positive relationship to the public realm.
Policy 1.4. Focus Area Implementation. Develop and implement community-based master plans, specific plans, form-based codes, or other plans and programs to achieve the objectives for each Focus Area.
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-11
Policy 1.5. Accessory Unit Plans. Prepare off-the-shelf plans and construction documents for prototypical accessory units that could be built on a variety of single -family residential properties throughout the City.
Goal 3. A supply of safe housing ranging in cost and type to meet the needs of all segments of the community.
Housing Element Update
Pursuant to State law, the Housing Element must be updated periodically according to statutory deadlines. The most current Housing Element Update (HEU) covers the planning period of October 15, 2021 to October 15, 2029.
The HEU represents the City’s effort in fulfilling the requirements under State Housing Element law. The California State Legislature has identified the attainment of a decent home and su itable living environment for every Californian as the State’s major housing goal. Recognizing the import ant role of local planning and housing programs in the pursuit of this goal, the Legislature has mandated that all cities and counties prepare a Housing Element as part of the comprehensive General Plan.
The City’s Housing Element was updated in conformance with the 2021 -2029 cycle (6th Cycle) as a jurisdiction within the SCAG region. The HEU builds upon the other General Plan elements and is consistent with the policies set forth by the General Plan, as amended. The Housing Incentive Overlay Zone is identified as an implementation program in the 2021 Draft HEU (City of Fullerton 2021).
HCD is required to prepare the RHNA for each council of governments in the State that identifies projected residential dwelling units needed for all economic segments based on DOF population estimates. Each local government must demonstrate that it has planned to accommodate all of its regional housing need allocation in its Housing Element.
The City has been allocated 13,209 units, including the following income breakdown: 3,198 very-low income, 1,989 low income, 2,271 moderate income, and 5,751 above-moderate income housing units (SCAG 2021).
The following provides a summary of the most applicable goals and policies across applicable General Plan Elements that pertain to the Program (City of Fullerton 2021):
Policy Action Area #1. Housing Production.
Policy Action 1.1: Provision of Adequate Sites for Housing Development. Fullerton’s assigned housing need for the 2021-2029 period is 13,209 units, compared to 1,841 units in the prior planning period.
The City’s existing land use plans and regulations do not identify sufficient sites with appropriate zoning to accommodate the City’s assigned share of regional housing need for the 6 th planning period. To address the shortfall of sites, the City has identified the following major strategies:
▪ Housing Incentive Opportunity Zone (HIOZ) – The HIOZ is an overlay zone that allows a property owner to develop multi -family housing on a parcel with a non -residential underlying zoning classification in exchange for providing a specified percentage of deed -restricted affordable housing units.
▪ Religious Institution Properties – An amendment to the Fullerton Municipal Code pertaining to development standards and review procedures to allow properties containing religious institutions to also be developed with permanent supportive housing and/or deed restricted affordable housing.
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-12
4.8.3 Thresholds of Significance
The significance criteria used to evaluate the Program’s impacts to population and housing are based on Appendix G of the CEQA Guidelines. According to Appendix G of the CEQA Guidelines, a significant impact related to population and housing would occur if a project would:
1. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure).
2. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere.
Based on the results of the Initial Study (Appendix A), the Program would result in less than significant impacts related to the displacement of a substantial number of existing people or housing, necessitating the construction of replacement housing elsewhere. As such, the following threshold is evaluated within this section for the proposed Program:
POP-1. Would the Program induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
4.8.4 Impacts Analysis
POP-1. Would the Program induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? As described in Chapter 3, Project Description, of this Draft PEIR, the proposed Program would create an overlay zone that allows a property owner to develop multi-family housing on a parcel with a non-residential underlying zoning classification in exchange for providing a percentage of deed -restricted affordable housing units. The Program would not directly result in the construction of the total buildout potential.
Rather, the Program would facilitate the construction of housing units with the adoption of this overlay zone.
Program Buildout
Table 4.8-9 outlines the Program’s potential buildout across applicable underlying zoning designations. As shown, implementation of the Program could theoretically result in a potential buildout yielding a change in population and residential units across the City. Although it is estimated that the Planning Area contains existing residential structures on certain parcels, the Program -related growth does not account for these structures in the assumptions due to the structures’ non -conforming status. Therefo re, g iven that the Program would apply to non-residential underlying zoning designations, the Program-related growth would be the same as the Program-related buildout.
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-13
Table 4.8-9. Program-Related Housing Projections
Underlying Zoning
Designations
Total
Acreage
per Zone
Total Existing
Square Feet (SF)
to be Demolished
Total
Housing -
related
Growth (du)
Persons per
Household
Planned
Growth
(persons)
C-G (Commercial
Greenbelt)
3.62 44,208 217 2.91 631
C-M (Commercial,
Manufacturing)
9.04 121,304 542 2.91 1,577
G-C (General
Commercial)
290.39 3,215,463 17,423 2.91 50,701
O-P (Office Professional) 53.65 599,940 3,218 2.91 9,364 M-G (Manufacturing,
General)
107.01 1,283,046 6,420 2.91 18,682
M-P (Manufacturing
Park) (100,000 square-
foot minimum lot size)
65.58 890,755 3,934 2.91 11,448
M-P (Manufacturing
Park) (200,000 square-
foot minimum lot size)
64.24 783,467 3,854 2.91 11,215
Total 593.52 (6,938,186) +35,611 2.91 +103,628
Source: Appendix A; City of Fullerton 2021
Note: The “total” estimates for the Planning area are roughly equivalent to the sum of each zoning designation; however, the estimates may not sum precisely due to rounding. Based on data collected for the 2021 HEU, the City’s average household size is estimated at
2.91 persons per household (City of Fullerton 2021).
Table 4.8-9 illustrates that the Program would result in an additional 35,611 new residential units and 103,628 new residents within the City by the year 2029 . Additionally, the Program would facilitate the development of on-site commercial uses for each future development project. As such, Table 4.8-10, below, details the projected employment per land use type.
Table 4.8-10. Program-Related Employment Projections
Land Use Type
Total Existing Square
Feet (SF) a
Generation Factors
(SF/Employee) b
Employees
Generated
Existing Land Uses
Commercial Uses 4,637,709 Other Retail/ Services
(623 SF/Employee)
7,444
Industrial Uses 2,118,566 Light Manufacturing
(576 SF/Employee)
3,678
Office Uses 5,471 Low-Rise Office
(324 SF/Employee)
17 Vacant Land 0 — —
Non-Conforming
Residential Uses
176,441 — —
Total Existing Employees 6,938,186 — 11,139
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-14
Table 4.8-10. Program-Related Employment Projections
Land Use Type
Total Existing Square
Feet (SF) a
Generation Factors
(SF/Employee) b
Employees
Generated
Proposed Land Uses (New)
Commercial +3,102,449 Other Retail/ Services
(623 SF/Employee)
4,979
Total Proposed Employment Growth +4,979
Net Total Employment -6,160
Sources:
a Appendix B
b SCAG 2001
Note: The “total” estimates for the Planning area are roughly equivalent to the sum of each zoning designation; however, the estimates may not sum precisely due to rounding.
Implementation of the Program would result in approximately 3,102,449 square feet of new on -site commercial uses, which is anticipated to generate approximately 4,979 new employees. Therefore, with a reduction of 6,938,186 square feet of non-residential structures, or a potential loss of 11,139 employees, the Program would result in a net decrease of approximately 6,160 employees across the Planning Area.
Focus Area Comparison
The City’s General Plan identifies 12 Focus Areas that present opportunities where land use and design change can help fully implement the General Plan (City of Fullerton 2012a). Section 4.8.1, Existing Conditions, above, notes that the Planning Area includes parcels within each of the Focus Areas, with the exception of Focus Area F, Transportation Center. A total of 628 parcels (82.7%), as well as 80.7% of the Planning Area’s total acreage, are located within the General Plan Focus Areas.3,4 As such, for the purposes of this environmental analysis, an estimated maximum density of 60 dwelling units per acre (du/ac) was applied to the Planning Area’s parcels to determine the Program-related growth. This assumption is based on the most commonly used maximum density for four of the eight Focus Areas (see more discussion in Chapter 3, Project Description, of this Draft PEIR).
As detailed above, a majority of the Planning Area parcels are located within Focus Area B, Commonwealth Corridor, followed by Focus Area C, Orangethorpe Corridor Nodes , and Focus Area I , Chapman Corridor.
However, when considering the Program-related growth with the anticipated growth per Focus Area as shown in Table 4.8-7, these three areas are not identified as the areas with the greatest potential for growth within the General Plan. Instead, Focus Area D (Harbor Gateway), Focus Area F (Transportation Center), and Focus Area J (Education) are projected to have greater portions of housing growth.
Therefore, although the Draft PEIR assumed an appropriate equivalent of anticipated density, the Program would facilitate future development beyond the areas with the greatest potential for housing growth.
Therefore, it is anticipated that the Program would result in unplanned population growth.
3 628 parcels within Focus Areas divided by 759 total parcels = 0.827 or 82.7% 4 479.39 acres within Focus Areas divided by 593 acres in Planning Area = 0.807 or 80.7%
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-15
General Plan Comparison
The following analysis compares the Program -related growth to existing conditions and General Plan projections for the City.
Table 4.8-11. General Plan Buildout and Growth Comparisons Category
Existing
Conditions
(2023)
Program -
Related
Growth
(2029)
General Plan
(Planned) Program -
Related
Growth +
Existing
Conditions
(2029)
Existing
Conditions
as % of
Planned
Buildout
Program -
Related
Buildout
as % of
Planned
Buildout
General
Plan
Buildout
(2030)
General
Plan
Growth
(2030 –
2010)
Population 142,873 +103,619 165,303 +29,989 246,501 86% 63% Housing (DU) 50,620 +35,611 56,130 +10,183 86,231 90% 63% Employment 67,800 (6,160) 83,883 +24,032 61,640 81% (7%) Sources: Table 4.8-3, Table 4.8-4, Table 4.8-5, and Table 4.8-6; Appendix A Note: DU = dwelling unit. (Number) = Negative number
As shown in Table 4.8-11, the Program-related growth would exceed growth projections when compared to the City’s General Plan buildout. Moreover, the Program’s implementation would represent an exceedance of projections approximately one year ahead of the General Plan’s buildout. Additionally, the Program - related buildout would represent over half of the General Plan buildout for 2030 (with the exception of employment projections) whereas the General Plan is approaching buildout projections under existing conditions without the proposed Program . As such, based on the analysis provided in Table 4.8 -11, the Program would result in substantial unplanned population growth on a local scale.
Connect SoCal Comparison
The following analysis compares the Program -related growth to existing conditions and SCAG’s Connect SoCal projections for the County.
Table 4.8-12. Connect SoCal Buildout and Growth Comparisons Category
Existing
Conditions
(2023)
Program -
Related
Growth
(2029)
Connect SoCal (Planned) Program -
Related
Growth +
Existing
Conditions
(2029)
Existing
Conditions
as % of
Planned
Buildout
Program -
Related
Buildout
as % of
Planned
Buildout
Orange
County
Buildout
(2045)
Orange
County
Growth
(2045 –
2016 )
Population 3,137,164 +103,619 3,535,000 +355,000 3,240,783 88.7% 2.9% Housing (DU) 1,149,943 +35,611 1,154,000 +129,000 1,185,554 99.6% 3.1% Employment 1,551,300 (6,160) 1,980,000 +270,000 1,557,460 78.3% (0.3%) Source: Table 4.8-3, Table 4.8-4, Table 4.8-5, and Table 4.8-6; Appendix A Notes: DU = dwelling unit. (Number) = Negative number
As shown in Table 4.8-12, the Program-related growth would be within growth projections when compared to SCAG’s Connect SoCal’s buildout for the County. The County’s existing conditions are approaching growth
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-16
projections assumed for Connect SoCal without the proposed Program. However, the Program’s buildout would represent a small portion of the County’s buildout according to SCAG. Therefore, the Program-related buildout would not represent substantial population growth on a regional scale.
Jobs -Housing Balance
Implementation of the proposed Program would result in 35,611 additional housing units in the City. Table
4.8-11 estimates the City’s housing stock would total approximately 86,231 units upon the Program’s buildout. In addition, the Program would likely result in a net loss of approximately 6,160 jobs; thus, the City is estimated to result 61,640 jobs by the Program’s buildout. As such, the jobs-housing ratio as a result of the Program would be 0.71:1 and considered a housing-rich community.5 SCAG defines a balanced community with a ratio of 1.0 to 1.29 jobs per household . The Program would reduce the City’s existing
1.33:1 ratio (slightly jobs -rich community) to be an imbalanced housing -rich community. Therefore, the Program would facilitate substantial unplanned population growth locally within the City.
Regionally, Table 4.8-12 estimates the County’s housing stock would be approximately 1,185,554 housing units as a result of the proposed Program. The County’s estimated employment would result in approximately 1,557,460 jobs upon implementation of the Program . As such, the County’s jobs-housing ratio would reduce from 1.34:1 to 1.31:1.6 Therefore, the Program would facilitate positive environmental effects by creating a balance between employment and housing in close proximity within the County.
RHNA Considerations
As detailed above, State Housing Element law mandates the planning for housing need within each jurisdiction. As such, RHNA provides an allocation of the existing and future housing needs by jurisdiction, which represents the jurisdiction’s fair share allocation of the projected regional population growth. Based on SCAG’s RHNA methodology and HCD’s regional determination, a total of 1,341,827 units are required to be planned for between 2021 and 2029 in the SCAG region. HCD’s regional determination exceeds SCAG’s 2020 –2045 household growth forecast of 1,297,000 by 3.68% (SCAG 2020b). While RHNA is statutorily exempt from CEQA (per CEQA Guidelines section 15283, Public Resources Code section 21803, and Government Code section 65584), implementation of RHNA through the Housing Element, as demonstrated throughout this Draft PEIR, is not exempt from CEQA.
One of the Program’s objectives, as detailed in Chapter 3 of this Draft PEIR, is to incorporate land use and zoning changes to increase residential capacity within the City to meet RHNA goals, including affordable housing. Consistent with HEU Policy Action 1.1, the City has identified the proposed Program as a major strategy to achieve regional housing goals. The City’s total allocation is 13,209 units, compared to 1,841 units in the prior planning period (5th Cycle). The HEU determined that the City’s existing land use plans and regulations do not identify sufficient sites with appropriate zoning to accommodate the City’s assigned share of regional housing need for the 6 th RHNA Cycle. As such, the Program’s anticipated growth and buildout would achieve the zoned capacity necessary for RHNA.
However, the Program would result in an additional 35,611 new residential units, which represents 22,402 more units beyond the minimum necessary regional housing goals. This is due to the 60 du/ac maximum density applied to the Planning Area , which was determined based on an analysis of the General Plan’s
5 61,640 divided by 86,231 = 0.714
6 1,557,460 divided by 1,185,554 = 1.313
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-17
Focus Areas as well as the appropriate equivalent to the City’s existing R -5 zone and High Density Residential General Plan land use designation (see Section 3.5.1, Methodology, for more information).
Conclusion
As discussed above, the Program would result in unplanned population growth. Unplanned growth is growth that is not anticipated under local or regional planning documents, such as Connect SoCal or the City’s General Plan. Implications of this unplanned growth affect other local and regional plans that rely on SCAG and City projections, such as the region’s Air Quality Management Plan (AQMP) and the City’s Urban Water Management Plan (UWMP) (see Sections 4. 1, Air Quality, and 4.1 3, Utilities and Service Syst ems, of this Draft PEIR for more discussion).
Unplanned population growth is most difficult to address when it occurs unexpectedly and over a relatively short period. Given the statutory requirements under State Housing Element law, implementation of the Program is anticipated to occur through the 6th RHNA Cycle ending in October 2029; therefore, the impacts associated with the unplanned growth would be short -term. Regional planning efforts such as SCAG ’s Connect SoCal are required by law to be updated every four years (e.g., the draft Connect SoCal 2024 is out for public review and has yet to be adopted). As such, it is anticipated that SCAG’s projections would be corrected with more accurate and up -to-date information on future conditions , such as State-mandated housing goals, upon the adoption of the Connect SoCal 2024. The AQMP and UWMP are examples of other planning documents that are revised periodically and are anticipated to be updated after the Program’s 2029 buildout year. As such, impacts related to the Program’s unplanned population growth would be moderated as updated projections are systematically incorporated into regional planning documents applicable to the Planning Area (e.g., Connect SoCal, AQMP, UWMP, etc.).
Nevertheless, the Program would result in substantial unplanned population growth. Specifically, the Program would induce substantial unplanned population growth within the Planning Area as a result of proposed zoning changes to facilitate residential development, which would exceed General Plan growth projections for specified parcels through 2029. Even though the Program’s growth would not exceed County-wide projections for population and housing, the Program’s growth is unplanned and cannot be assumed to be accommodated through decreased growth elsewhere in the County, as mandated under State Housing Element law. Further, even though the unplanned growth would be a short-term exceedance that could be remedied at the time that the regional plans (e.g., RTP/SCS, UWMP, AQMP) would undergo mandatory updates/revisions, the unplanned growth would still be considered substantial in the short-term.
There are no feasible mitigation measures to reduce the impacts associated with population growth to a less than significant level. Therefore, the Program would have a significant and unavoidable impact related to inducing substantial unplanned population growth in the Planning Area.
4.8.5 Mitigation Measures
No feasible mitigation measures pertaining to impacts associated with substantial unplanned population growth are available to mitigate impacts of the Housing Incentive Overlay Zone Program.
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-18
4.8.6 Significance Conclusion
POP-1. Potential impacts related to substantial unplanned population growth would be significant and unavoidable and, as discussed below, cumulatively considerable.
4.8.7 Cumulative Effects
Where a lead agency concludes that the cumulative effects of past, present, and reasonably foreseeable future projects are significant, the lead agency then must determine whether the project has any contribution to the cumulative impact, and if so, whethe r the project’s incremental effect is “cumulatively considerable.” The cumulative study area used to assess potential cumulative impacts related to population and housing includes the entirety of Orange County and considers the future buildout of applicable local and regional plans.
POP-1. The proposed Program would facilitate population growth as a result of proposed zoning changes to allow for approximately 35,611 new residential units within the Planning Area . As discussed in Chapter 3 of this Draft PEIR, the City is required to accommodate RHNA through zoning and other land use changes, which would facilitate additional housing development and population growth throughout the City. Furthermore, all Orange County jurisdictions (including the unincorporated County communities and incorporated cities) are required to update their housing elements every eight years in accordance with State Housing Element law. The Program is identified in the City’s HEU and has a horizon year of 2029; thus, the Program would serve the current 6th Cycle RHNA. The combined effect of this anticipated housing growth, which is likely to result in substantial unplanned population growth, represents a significant cumulative impact.
As discussed in Section 4. 8.4, Impact Analysis, under POP-1, the Program would result in substantial unplanned population growth. Although the Program would result in a much smaller share of the overall growth anticipated for Orange County, there are no feasible mitigation measures to reduce the Program-level impacts to a less than significant level. As the Program would not implement any fair-share mitigation, and as impacts at the Program level would be significant, the Program’s incremental contribution to impacts related to substantial unplanned population growth would be cumulatively considerable.
4.8.8 References Cited
Census (United States Census Bureau). 2023. QuickFacts. Orange County, California; Fullerton city, California.
Accessed December 2023. https://www.census.gov/quickfacts/fact/table/ orangecountycalifornia,fullertoncitycalifornia/PST045222#PST045222.
City of Fullerton. 2012a. The Fullerton Plan (also referred to as the General Plan). Part I: The Fullerton Vision.
Adopted May 2012. Accessed December 2023.https://www.cityoffullerton.com/home/ showpublisheddocument/1045/637436165071470000.
City of Fullerton. 2012b. The Fullerton Plan. Final Program EIR. May 2012. Accessed December 2023. https://www.cityoffullerton.com/government/departments/community-and-economic-development/ planning-zoning/general-plan/final-program-eir/-folder-91.
City of Fullerton. 2012c. The Fullerton Plan. Part III: Implementation Strategy. May 2012. Accessed December 2023. https://www.cityoffullerton.com/home/showpublisheddocument/1039/638161077852470000.
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-19
City of Fullerton. 2021. The Fullerton Plan (General Plan). Appendix H: 2021-2029 Housing Element. Draft.
November 2021. Accessed December 2023. https://gis.cityoffullerton.com/HousingElement/Draft_ 2021-2029_Housing_Element.pdf.
DOF (California Department of Finance). 2023. E-5 Population and Housing Estimates for Cities, Counties, and the State, 2020-2023. Published May 2023. Accessed October 2023. https://dof.ca.gov/forecasting/ demographics/estimates/e-5-population-and-housing-estimates-for-cities-counties-and-the-state- 2020-2023/.
EDD (State of California Employment Development Department). 2023. Labor Force and Unemployment Rate for Cities and Census Designated Places. Updated October 2023. Accessed December 2023. https://labormarketinfo.edd.ca.gov/data/labor-force-and-unemployment-for-cities-and- census-areas.html.
SCAG (Southern California Association of Governments). 2001. Employment Density Study Summary Report.
Table 6B, Derivation of Square Feet per Employee Based on Average Employees per Acre, Average FAR, Orange County. Prepared by Natelson Company in association with Terry A. Hayes Associates. October 31, 2001. Accessed December 2023.
SCAG. 2020. The 2020–2045 Regional Transportation Plan/Sustainable Communities Strategy of the Southern California Association of Governments (Connect SoCal). Adopted September 3, 2020. Accessed November 2023. https://scag.ca.gov/read-plan-adopted-final-connect-socal-2020.
SCAG. 2020a. Connect SoCal PEIR Addendum #1. September 3, 2020. Accessed November 2023. https://scag.ca.gov/certified-2020-peir-0.
SCAG. 2020b. Connect SoCal: Current Context Demographics and Growth Forecast Technical Report. Table 13 and 14. Adopted September 3, 2020. Accessed November 2023. https://scag.ca.gov/sites/main/ files/file-attachments/0903fconnectsocal_demographics-and-growth-forecast.pdf?1606001579.
SCAG. 2020c. Final RHNA Allocation Methodology. Updated March 5, 2020. Accessed November 2023. https://scag.ca.gov/sites/main/files/file-attachments/scag-final-rhna-methodology- 030520.pdf?1602189316.
SCAG. 2021. SCAG 6th Cycle Final RHNA Allocation Plan. Approved by HCD on March 22, 2021 and modified on July 1, 2021. November 2023. https://scag.ca.gov/sites/main/files/file-attachments/6th-cycle-rhna- final-allocation-plan.pdf?1625161899.
SCAG. 2023. Draft Connect SoCal 2024. Released November 3, 2023. Accessed December 2023. https://scag.ca.gov/connect-socal-2024-read-draft-plan.
4.8 – POPULATION AND HOUSING
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.8-20
INTENTIONALLY LEFT BLANK
4.9 – PUBLIC SERVICES
12885
4.9-1
4.9 Public Services
This section of the Draft Program EIR (PEIR) describes the existing public services conditions in the City of Fullerton (City) as it relates to the Fullerton Housing Incentive Overlay Zone (HIOZ) Program (Program), identifies associated regulatory requirements, evaluates potential impacts, and identifies mitigation measures related to implementation of the proposed Project. The proposed Program would apply to 759 parcels across the City totaling 593 acres, and would allow for the future development of up to 35,611 new residential units in the City. Given the Citywide nature of the Program, the location of identified parcels is collectively defined as the “Planning Area” as shown in Figure 3-2, Fullerton HIOZ Map, of this Draft Program EIR.
4.9.1 Existing Conditions
Fire Protection Services
The Fullerton Fire Department (FFD) serves the City of Fullerton, California with fire and medical services. The Fullerton Fire Department provides a variety of programs designed to protect the lives and property of the inhabitants of the City of Fullerton from the adverse effects of fires, sudden medical emergencies, or exposure to dangerous conditions. The FFD provides services ranging from handling structure fires, to inspecting hazardous materials at our local businesses, performing CPR on a patient in cardiac arrest, presenting the importance of fire safety to an elementary school, and to assisting neighboring communities with a fierce vegetation fire pushed by Santa Ana winds. The Fullerton Fire Department is an all-hazard agency (City of Fullerton 2023a).
The Fullerton Fire Department aims to plan and coordinate the highest quality prehospital and emergency medical care in response to individual needs or community crisis. In 2021, the FFD was recognized by the American Heart Association for following the latest research -based standards for severe heart attacks with the Gold Plus Achievement Award (City of Fullerton 2023a) . The location of Fullerton Fire Department stations relative to the Project can be found below in Table 4.9-1, Fullerton Fire Department Stations.
Table 4.9-1. Fullerton Fire Department Stations
Station Address Apparatus
Station 1 312 E. Commonwealth
Avenue, Fullerton,
California 92832
Engine 1-2015 Pierce Saber Type I fire engine, Reserve
Pierce Dash Type I fire engine, FB1-2018 Dodge Ram
3500 Pickup, FB1-2020 Dodge Ram 3500 Pickup, 1962
Crown Type I fire engine (historically retired), Mobile EOC Command Trailer-2006 Surrey Trailer
Station 2 1732 W. Valencia Drive,
Fullerton, California
92833
Engine 2-2015 Pierce Saber Type I fire engine
Station 3 700 S. Acacia Ave.,
Fullerton, California
92831
Engine 3-2007 Pierce Dash Type I fire engine, OES 1313
(Office of Emergency Services) 2020 BME Type 3 wildland engine
Station 4 3251 N. Harbor
Boulevard, Fullerton,
California 92835
Engine 4-2003 Pierce Dash Type I fire engine
Station 5 2555 E. Yorba Linda
Boulevard, Fullerton,
California 92831
Engine 5-2019 Pierce Velocity Type I fire engine, Reserve Pierce Dash Type I fire engine
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-2
Table 4.9-1. Fullerton Fire Department Stations
Station Address Apparatus
Station 6 2691 Rosecrans Avenue,
Fullerton, California
92833
Truck 6-2022 Pierce Velocity Heavy Duty 107’ Tillered
Aerial, Reserve Truck-2002 Pierce Dash Heavy Duty 100’
Tillered Aerial, Reserve Pierce Dash Type I fire engine, UTV6-2020 Prowler Side-by-Side Utility Terrain Vehicle
w/Trailer
Source: City of Fullerton 2023a.
As detailed in Appendix D (Public Service Letters), each fire station is staffed daily and has varying fire apparatus machinery requirements. Each FFD Station is staffed with a 24-hour shift, a 48-hour on-duty shift, and a subsequent 96-hour off-duty shift, rotating between 3 platoons (A, B, and C). Each Station is staffed daily by 4 people, including a Fire Captain, Fire Engineer, and two Firefighters, with at least two crew members being licensed paramedics , except for at Station 6 where there are no lice nsed paramedics on staff. Additionally, the Fullerton Fire Battalion Chief is deployed from Station 1 to manage multi-unit responses and address the needs of the six on-duty crews to make sure they have the training, tools, and equipment to deliver the service. Fire Station 3 is also responsible for responding to wildland fires throughout the state through a mutual aid agreement with the State Office of Emergency Services (OES). The FFD references National Fire Protection Association (NFPA) 1710 - Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments which requires communities to provide for the arrival of an Advanced Life Support (ALS) unit w ithin an 8-minute response time for at least 90% of the medical aid incidents.
NFPA 1710 also requires fire suppression resources shall be deployed to provide for the arrival of an engine company within a 4-minute response time and/or the initial full alarm assignment with an 8-minute response time for 90% of incidents involving a structure fire.
Police Protection Services
The Fullerton Police Department (FPD) is located at 237 W. Commonwealth Avenue, Fullerton, California 92832.
The Department is comprised of two divisions, an Operations Division and a Support Services Division, under the supervision of two Captains. The FPD is funded for 131 officers, however, the Department currently employs 115 officers and 8 recruits in the Police Academy. The FPD also employs 52 full -time staff, 11 part-time staff, and 31 volunteers (Appendix D). Officers and civilians within the FPD handle the daily tasks necessary to operate the Department and provide a high level of service to the citizens of Fullerton (City of Fullerton 2023b).
The Fullerton Police Department believes in and utilizes a Community-based policing philosophy, which follows the principle that when communities and law enforcement engage in communication and cooperation, we can better serve the community as a whole. As a result, personnel are involved in all aspects of community, including schools, neighborhoods, and community organizations (City of Fullerton 2023b).
As detailed in Appendix D (Public Service Letters), the FPD’s response times vary based on the priority designation of the call. Priority 1 calls have shorter average response time typically around 5 minutes, while the response times for calls with lesser priority levels (such as Priority 2 calls) increase.
School Services
Fullerton School District provides a total of 26 public schools serving most of the City of Fullerton (City of Fullerton 2023c). All of the schools serving the City of Fullerton and the HIOZ Planning Area can be found below in Table 4.9-2,
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-3
Fullerton Public Schools. Additionally, Fullerton Joint Union High School District (FJUHSD) serves various cities in the region, including the City of Fullerton.
Table 4.9-2. Fullerton Public Schools
School Name Address
Elementary Schools
Acacia Elementary School 1200 N Acacia Ave, Fullerton, California 92831 Beechwood Elementary School 780 Beechwood Ave, Fullerton, California 92835 Commonwealth Elementary School 2200 E Commonwealth Ave, Fullerton, California 92831 Fern Drive Elementary School 1400 W Fern Dr, Fullerton, California 92833 Fisler Elementary School 1350 Starbuck St, Fullerton, California 92833 Golden Hill Elementary School 732 Barris Dr, Fullerton, California 92832 Hermosa Drive Elementary School 400 E Hermosa Dr, Fullerton, California 92835 Laguna Road Elementary School 300 Laguna Rd, Fullerton, California 92835 Maple Elementary School 300 Laguna Rd, Fullerton, California 92832 Orangethorpe Elementary School 1400 S Brookhurst, Fullerton, California 92833 Pacific Drive Elementary School 1501 W Valencia Dr, Fullerton, California 92833 Raymond Elementary School 517 N Raymond Ave, Fullerton, California 92831 Richman Elementary School 700 S Richman Ave, Fullerton, California 92832 Rolling Hills Elementary School 1460 E Rolling Hills Dr, Fullerton, California 92835 Sunset Lane Elementary School 1460 E Rolling Hills Dr, Fullerton, California 92833 Topaz Elementary School 3232 Topaz Ln, Fullerton, California 92831 Valencia Park Elementary School 3441 W Valencia Dr, Fullerton, California 92833 Woodcrest Elementary School 455 W Baker Ave, Fullerton, California 92832 Junior High Schools
Fisler Elementary School (K-8) 1350 Starbuck St, Fullerton, California 92833 Ladera Vista Junior High School 1700 E Wilshire Ave, Fullerton, California 92831 Nicolas Junior High School 1100 W Olive Ave, Fullerton, California 92833 Parks Junior High School 1710 Rosecrans Ave, Fullerton, California 92833 High Schools
Fullerton Union High School 201 E Chapman Ave, Fullerton, California 92832 La Sierra High School 951 N State College Blvd, Fullerton, California 92831 La Vista High School 909 N State College Blvd, Fullerton, California 92831 Sunny Hills High School 1801 Warburton Way, Fullerton, California 92833 Troy High School 2200 E Dorothy Ln, Fullerton, California 92831 Source: City of Fullerton 2023c.
There are also a total of 11 private schools within the City of Fullerton serving the Planning Area (City of Fullerton 2023d). The private schools serving the Planning Area are identified below in Table 4.9-3, Fullerton Private Schools.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-4
Table 4.9-3. Fullerton Private Schools
School Name Address
Annunciation Catholic School 215 S Pine Dr, Fullerton, California 92833 Arborland Montessori Children’s Academy
(Hughes Campus)
2121 Hughes Drive, Fullerton, California 92833
Arborland Montessori Children’s Academy
(Valencia Campus)
1700 W Valencia Dr, Fullerton, California 92833
Berkeley School 306 N Pomona Ave, Fullerton, California 92832 East Side Christian Jr/Sr High 1701 W Valencia Dr, Fullerton, California 92833 Eastside Christian Preschool/Elementary 2505 Yorba Linda Blvd, Fullerton, California 92833 Florence Crittenton School 115 E Wilshire Ave, Fullerton, California 92832 Fullerton SDA Elementary School 2353 W Valencia Dr, Fullerton, California 92833 Ivycrest Montessori 2025 E Chapman Ave, Fullerton, California 92831 Rosary High School 1340 N Acacia Ave, Fullerton, California 92831 St Juliana Falconieri School 1320 N Acacia Ave, Fullerton, California 92831 Source: City of Fullerton 2023d.
Parks
The City of Fullerton Parks and Recreation Department maintains and operates approximately 53 parks as well as all trails and recreational facilities within the City (City of Fullerton 2023g). The City Park system includes 683 acres of parkland (Appendix D). These facilities serve the local needs of the City and its various communities. The location of Fullerton parks relative to the Project can be found below in Table 4. 9-4, Parks in the City of Fullerton (City of Fullerton 2023h).
Table 4.9-4. Parks in the City of Fullerton
Park Name Address Amenities Acreage
Adlena Park 300 N. Adlena Drive,
Fullerton, California 92833
Barbecues, Baseball/Softball,
Basketball, Bleacher Seating, Parking,
Picnic Shelter, Picnic Tables,
Playground, Restrooms, Sports Field
Lights, Spray Pool (Summer)
2.8 Amerige Park 300 W. Commonwealth,
Fullerton, California 92832
Baseball/Softball, Bleacher Seating,
Fullerton Community Center, Parking,
Restrooms, Soccer, Sports Field Lights
7.9 Bastanchury Park 1717 West Bastanchury
Road, Fullerton, California
92833
Baseball/Softball, Basketball,
Playground, Recreation Trail(s),
Restrooms, Soccer
10.8 Brea Dam Park 1700 N Harbor Blvd,
Fullerton, California 92831
Barbecues, Drinking Fountain, Parking,
Picnic Tables, Recreation Trail(s),
Restrooms
Unknown
Brea Dam Recreation
Area
1700 N Harbor Blvd,
Fullerton, California 92835
Barbecues, Fire Ring (requires fire
permit), Parking, Picnic Tables,
Recreation Trail(s), Restrooms
241.7
Byerrum Park 501 N. Raymond Ave,
Fullerton, California 92831
Baseball/Softball, Basketball, Picnic
Tables, Playground, Soccer
2.5 FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-5
Table 4.9-4. Parks in the City of Fullerton
Park Name Address Amenities Acreage
Chapman Park 2515 San Carlos Drive,
Fullerton, California 92831
Activity Building, Activity Slab,
Baseball/Softball, Basketball, Picnic
Shelter, Playground, Restrooms, Soccer
5.39 Craig Regional Park
(County of Orange)
3300 State College Blvd.,
Fullerton, California 92835
Barbecues, Baseball/Softball,
Basketball, Bicycling/Bike Trails, Hiking,
Horseshoe Pits, Fire Rings, Model
Sailing, Parking, Picnic Tables,
Playground/Tot lot, Private Party Area,
Racquetball Courts, Restrooms, Scenic
Overlook, Tables, Volleyball Courts
124
Downtown Plaza 125 E. Wilshire Avenue,
Fullerton, California 92832
Bandstand, Interactive Fountain,
Museum Center, Parking, Restrooms,
Shaded Seating
1.2 Edward H. White II Park 1550 Parks Road,
Fullerton, California 92833
Restrooms 4.2
Emery Park 1201 Sunny Ridge Dr,
Fullerton, California 92833
Picnic Tables, Playground 8.23
Fern Drive Park 1600 W. Fern Drive,
Fullerton, California 92833
Activity Slab, Baseball/Softball,
Bleacher Seating, Picnic Tables,
Playground
2.9 Ford Park 435 W. Wilshire, Fullerton,
California 92832
Barbecues, Baseball/Softball, Parking,
Picnic Shelter, Playground, Soccer
3.1 Fullerton Arboretum (Cal
State Fullerton)
1900 Associated Rd,
Fullerton, California 92831
Plant Nursery Unknown
Fullerton Creek Greenbelt 1910 Fullerton Creek Dr,
Fullerton, California 92831
Par Course, Recreation Trail(s) 7.9
Fullerton Sports Complex 560 E. Silver Pine St.,
Fullerton, California 92835
Baseball/Softball, Bleacher Seating,
Parking, Picnic Tables, Playground,
Recreation Trail(s), Restrooms, Snack
Bar, Soccer
17.6 Fullerton Tennis Center 110 E. Valencia Mesa
Drive, Fullerton, California
92835
Restrooms, Tennis Court Unknown
Gilbert Park 2120 W. Orangethorpe
Avenue, Fullerton, California
92833
Activity Slab, Barbecues,
Baseball/Softball, Basketball, Parking,
Picnic Tables, Playground
6.2 Gilman Park 2590 Hartford Ave,
Fullerton, California 92835
Parking, Restrooms 13.7
Hermosa School Park 400 E. Hermosa Drive,
Fullerton, California 92835
Baseball/Softball, Basketball, Handicap
Facility, Picnic Tables, Playground
0.8 Hillcrest Park 1200 N Harbor Blvd,
Fullerton, California 92832
Barbecues, Great Lawn with Fountain,
Hillcrest Recreation Center, Hillcrest
Terrace, Izaak Walton Cabin, Parking,
Picnic Tables, Pine Forest Stairs,
Playground, Recreation Trail(s), Red
Cross Building, Restrooms
37.8 FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-6
Table 4.9-4. Parks in the City of Fullerton
Park Name Address Amenities Acreage
Hiltscher Park 1002 N Euclid St, Fullerton,
California 92833
Creek, Doggie Bag Dispensers, Parking,
Recreation Trail(s)
16.0 Independence Park 801 West Valencia Drive,
Fullerton, California 92832
Exercise Equipment, Handball Courts,
Picnic Areas, and Pool are open.
Gymnasium, Playground, and
Racquetball Courts are currently closed.
Unknown
Laguna Lake Park 3120 Lakeview Dr,
Fullerton, California 92835
Parking, Picnic Tables, Recreation
Trail(s), Restrooms
28.5 Lemon Park 701 S. Lemon St, Fullerton,
California 92832
Activity Building, Barbecues,
Baseball/Softball, Basketball, Parking,
Picnic Shelter, Picnic Tables,
Playground, Restrooms, Spray Pool
(Summer)
5.1 Lions Field 1440 N. Brea Blvd.,
Fullerton, California 92832
Baseball/Softball, Concession Stand,
Football Field, Parking, Recreation
Trail(s), Restrooms
6.0 Mountain View Park 2601 N. State College
Blvd., Fullerton, California
92835
Parking, Picnic Tables, View Point 2.0
Muckenthaler Cultural
Center
1201 W. Malvern Ave,
Fullerton, California 92833
Amphitheatre, Art Gallery, Garden 8.5
Nicholas Park 1015 W Hill Ave, Fullerton,
California 92833
Baseball/Softball, Bleacher Seating,
Parking, Playground, Restrooms
9.0 Olive Park 901 Gilbert Street,
Fullerton, California 92833
Benches, Playground 0.5
Orangethorpe Park 1737 W. Roberta Avenue,
Fullerton, California 92833
Activity Building, Activity Slab,
Barbecues, Baseball/Softball, Bleacher
Seating, Parking, Picnic Tables,
Playground, Restrooms
3.5 Pacific Drive Park 222 Pacific Drive, Fullerton,
California 92833
Parking, Picnic Tables, Playground,
Restrooms, Shaded Seating, Soccer
0.3 Panorama Nature
Preserve
2000 E Bastanchury Rd,
Fullerton, California 92835
Recreation Trail(s) 8.0
Pearl Park 3001 Pearl Drive, Fullerton,
California 92831
Basketball, Picnic Areas, Playground 0.4
Plaza Park 144 E. Wilshire, Fullerton,
California 92832
Mural, Picnic Tables, Playground,
Shaded Seating
0.6 Pooch Park 201 S. Basque Ave,
Fullerton, California 92833
Dog Areas 2.7
Ralph B. Clark Regional
Park (County of Orange)
8800 Rosecrans Ave,
Buena Park, California
90621
Amphitheater, Ball Fields, Barbeques,
Dogs Permitted (on Leashes), Fishing,
Hiking Trails, Horseshoe Pits,
Interpretive Programs Center, Model
Boats, Picnic Areas (Tables,
Restrooms), Picnic Shelters,
Playgrounds, Tennis Courts, Volleyball
Courts, Weddings, Special Events
104
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-7
Table 4.9-4. Parks in the City of Fullerton
Park Name Address Amenities Acreage
Richman Park 711 S. Highland, Fullerton,
California 92832
Baseball/Softball, Handicap Facility,
Parking, Picnic Shelter, Playground,
Restrooms, Soccer
2.2 Robert E. Ward Nature
Preserve
2245 N Euclid St, Fullerton,
California 92835
Nature Preserve 72.0
Roger B. Chaffee Park 1550 W. Rosecrans,
Fullerton, California 92833
Recreation Trail(s) 2.6
Rolling Hills Park 1515 E. Bastanchury Rd,
Fullerton, California 92835
Picnic Tables, Playground 9.5
Rolling Hills School Park 1470 E. Rolling Hills Dr,
Fullerton, California 92835
Parking, Playground 0.3
San Juan Park 2920 San Juan Drive,
Fullerton, California 92835
Barbecues, Picnic Tables, Restrooms 1.7
Skate Park (at
Independence Park)
801 West Valencia Drive,
Fullerton, California 92832
Skate Park 0.2
Trail Rest Park 2345 Brea Blvd, Fullerton,
California 92835
Recreation Trail(s) 1.0
Tri-City Regional Park 2301 N Kraemer Blvd,
Placentia, California 92870
Barbecues, Fishing, Lake, Picnic Tables,
Play Areas, Recreation Trail(s),
Restrooms
40.0 Truslow Park 401 E. Truslow Ave.,
Fullerton, California 92832
Barbecues, Picnic Tables, Playground 0.1
Union Pacific Park
(Currently closed)
121 W. Truslow Ave.,
Fullerton, California 92832
Barbecues, Basketball, Picnic Tables,
Playground, Recreation Trail(s),
Restrooms
1.7 Valencia Park 2425 W. Valencia Drive,
Fullerton, California 92833
Activity Slab, Barbecues,
Baseball/Softball, Basketball, Bleacher
Seating, Picnic Tables, Playground,
Restrooms, Wading Pool
3.9 Virgil “Gus” Grissom Park 1601 W. Rosecrans Ave,
Fullerton, California 92833
Parking, Recreation Trail(s) 10.8
Vista Park 2002 E. Bastanchury Rd.,
Fullerton, California 92835
Parking, Shaded Seating 8.0
West Coyote Hills Park 2100 N. Gilbert St.,
Fullerton, California 92832
Picnic Tables 3.6
West Coyote Hills Tree
Park
2349 Parks Rd., Fullerton,
California 92833
Recreation Trail(s) 11.0
Woodcrest Park 440 W. Orangethorpe Ave.,
Fullerton, California 92832
Barbecues, Baseball/Softball, Bleacher
Seating, Parking, Picnic Tables,
Playground, Restrooms
5.3 Source: City of Fullerton 2023h, 2023l, 2023m; Fullerton Arboretum 2023; Muckenthaler Cultural Center 2023; OC Parks 2023a, 2023b.
The City also maintains and operates 28 miles of recreational trails within the City which may also be enjoyed by hikers, equestrians, and mountain bikers, among others (City of Fullerton 2023 i). The trails serving the Planning Area are identified below in Table 4.9-5, City of Fullerton Trails.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-8
Table 4.9-5. City of Fullerton Trails
Trail Name Address Amenities
Length
(Miles)
Featured Trails
Brea Dam Trail Rear of St. Jude Medical Center to
Fullerton Municipal Golf Course
Fullerton, California 92835
Access to: Fullerton Municipal Golf
Course. Lost Trail to Trail Rest Park
1.6 Bud Turner Trail Laguna Lake Park at Hermosa Drive to corner of Euclid Street and Valencia Mesa
Drive
Fullerton, California 92835
Access to: Fullerton Equestrian
Center, Hermosa Trails, Juanita
Cookie Trail, Laguna Lake Park
1.8 East Coyote Hills
Trail
Brea Blvd. to Craig Regional Park
Fullerton, California 92835
Access to: Craig Regional Park, the
Summit House, Vista Park
1.8 Hiltscher Park
Trail
Corner of Bastanchury Rd. & W. Valley
View Dr. to the Juanita Cooke Trail off
Valencia Mesa Dr.
Fullerton, California 92833
Access to: Bike Trails, Juanita
Cookie Trail
1.4 Juanita Cookie
Greeenbelt &
Trail
Laguna Lake Park at Hermosa Drive &
Santa Rosa Place to the SW Corner of
Berkeley and Harbor Blvd.
Fullerton, California 92835
Access to: Downtown Fullerton,
Laguna Lake Park
2.8 Lost Trail Brea Blvd. to Brea Dam Trail
Fullerton, California 92835
Access to: Brea Dam Trail, Brea
Dam Recreation Center, Fullerton
Municipal Golf Course, Trail Rest
Park
0.7 Nora Kuttner
Trail
N.E. corner of Castlewood Drive and
Parks Rd. to Euclid St.
Fullerton, California 92835
Access to: Bud Turner Trail,
Laguna Lake Park, West Coyote
Hills Nature Preserve, West Coyote
Hills Tree Park
0.6 Panorama Trail Brea Blvd. to Bastanchury Road
Fullerton, California 92831
Access to: Coyote Hills Golf Course,
East Coyote Hills Trail, Panorama
Nature Preserve, Panorama Trail,
Summit House
1.5 Parks Road Trail North end of Grissom Park at Camino Rey to White Park on Parks Road
Fullerton, California 92833
Access to: Chaffee Park, Grissom
Park, Parks Jr. High School Athletic
Fields, Pioneer Trail, White Park
1.3 Rosecrans Trail Ralph B. Clark Regional Park to West Coyote Hills Tree Park on Parks Road
Fullerton, California 92833
Access to: Ralph B. Clark Regional
Park, West Coyote Hills Park, West
Coyote Hills Tree Park
1.6 Sally Pekarek
Trail
N.W. Corner of Gilbert St. & Malvern Ave.
to Sunnyridge Dr.
Fullerton, California 92833
Access to: Emery Park, Pioneer
Trail, Sunny Ridge Community
0.8 Other Trails
Castlewood Trail Connector Trail 1.3
Hermosa Trail Street / Connector Trail 1.1
Horse Alley Backbone Trail 0.6
Las Palmas Trail Street / Connector Trail 1.1
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-9
Table 4.9-5. City of Fullerton Trails
Trail Name Address Amenities
Length
(Miles)
Lucy Van Der
Hoff Trail
Connector Trail 0.9
Pioneer Trail Street / Backbone Trail 0.3
Rolling Hills Trail Street / Backbone Trail 0.9
Valencia Mesa
Trail
Street / Connector Trail 1.2
Source: City of Fullerton 2023i.
The City also maintains and operates various recreational facilities within the City, including some facilities operated in partnership with City partners (City of Fullerton 2023 j). The facilities serving the Planning Area are identified below in Table 4.9-6, Recreational Facilities in the City of Fullerton.
Table 4.9-6. Recreational Facilities in the City of Fullerton Facility Name Address Amenities
City of Fullerton Facilities
Fullerton
Community
Center
340 West Commonwealth Ave.,
Fullerton, California 92832
Classrooms, Courtyard, Events, Gym, Multipurpose,
Office Spaces, Pool
Garnet
Neighborhood
Center
3012 Garnet Lane Units A & B,
Fullerton, California 92831
Recreation Center
Gilbert
Neighborhood
Center
2120 W. Orangethorpe Avenue,
Fullerton, California 92833
Food Pantry, Trauma Informed Trainings, Support
Groups, Parenting Resources & Family Support, Teen
Mentorship, Community Events & Advocacy
Maple
Neighborhood
Center at Lemon
Park
701 South Lemon Street,
Fullerton, California 92832
Community & Youth Services, Lemon Park Pavilion,
Spray Pool
Other Facilities
Gilbert – OC
United
418 West Commonwealth Ave,
Fullerton, California 92832
Community Center, Community and Family Services
Fullerton
Museum Center
301 N. Pomona Ave, Fullerton,
California 92832
Museum
Richman
Neighborhood
Center – CSUF
Center for
Healthy
Neighborhoods
320 West Elm Avenue,
Fullerton, California 92832
Adoptive, Foster Care, & Relative Caregiver Family
Support Services, Case Management, Children and
Youth Programs, Community Engagement Workshops,
Counseling (Individual, Family, Couples, and Groups),
Health Assessments, Health Management Program,
Mental Health Services, Parenting Education (With Free
Childcare)
Source: City of Fullerton 2023j, 2023k.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-10
Libraries
The mission of the Fullerton Public Library is to serve the diverse needs of its patrons, foster learning, provide resources, inspire creative thinking, and bring the Fullerton community together. It is a place where information and items of recreational, educational, and leisurely interest are collected, preserved, and made available in print and electronic formats (Fullerton Public Library 2023) . The Fullerton Public Library is open to all members of the community and is located at 353 W. Commonwealth Avenue, Fullerton, California 92832. The Public Library is also working to bring back into operation the Hunt Library Branch at 201 S. Basque Avenue, Fullerton, California 92832, as well as a partnership between the Library and the Parks and Recreation Departments.
As detailed in Appendix D (Public Service Letters) and based on the Fullerton Public Library’s annual report to the California State Library Survey for 2022-23, the Fullerton Public Library employs 16 full-time and 15 part-time staff members, is open 5 days per week for a total of 36 hours a week and welcomed 203,557 visitors for the 2022- 2023 year.
4.9.2 Relevant Plans, Policies, and Ordinances
Federal
National Fire Protection Association
The National Fire Protection Association recommends that fire departments respond to fire calls within 6 minutes of receiving the request for assistance 90% of the time. These time recommendations are based on the demands created by a structural fire. It is crucial to attempt to arrive and intervene at a fire scene prior to the fire spreading beyond the room of origin. Total structural destruction typically starts within 8 to 10 minutes after ignition. Response time is generally defined as 1 minute to receive and dispatch the call, 1 m inute to prepare to respond to the fire station or field and 4 minutes (or less) travel time.
State
California Health and Safety Code (Section 13000 et seq.) State fire regulations are set forth in Section 13000 et seq. of the California Health and Safety Code, which include regulations concerning building standards (as also set forth in the California Building Code), fire protection and notification systems, fire protection devices such as extinguishers and smoke alarms, high-rise building and childcare facility standards, and fire suppression training. The State Fire Marshal enforces these regulations and building standards in all state-owned buildings, state-occupied buildings, and state institutions throughout California.
California Code of Regulations Title 24, Part 2 and Part 9 Part 2 of Title 24 of the California Code of Regulations refers to the California Building Code, which contains general building design and construction requirements relating to fire and life safety, structural safety, and access compliance. CBC provisions provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures and certain equipment.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-11
Part 9 refers to the California Fire Code, which contains regulations consistent with nationally recognized and accepted practices for safeguarding life and property from the hazards of the following: fire and explosion; dangerous conditions arising from the storage, handling, and use of hazardous materials and devices; and hazardous conditions in the use or occupancy of buildings or premises. The Fire Code also contains provisions to assist emergency response personnel. The Fire Code also establishes requirements intended to provide safety and assistance to firefighters and emergency responders during emergency operations. The provisions of the Fire Code apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure throughout the State of California.
The Fire Code includes regulations regarding fire-resistance-rate construction, fire protection systems such as alarm and sprinkler systems, fire service features such as fire apparatus access roads, means of egress fire safety during construction and demolition, and wildland -urban interface areas. There are fire -safety-related building standards are referenced in other parts of Title 24. The 2022 California Fire Code is a fully integrated code based on the 2021 International Fire Code.
California Government Code
Section 65995. California Government Code Section 65995 (the Leroy F. Green School Facilities Act of 1998) set provisions for school districts to levy fees to help fund expanded facilities to house new pupils that may be generation by development projects. Sections 6599 6(a) and (b) state that such fees collected by school districts provide full and complete school facilities mitigation under the California Environmental Quality Act (CEQA). These fees may be adjusted by the district over time as conditions change.
Section 66000. According to California Government Code 66000, a qualified agency, such as a local school district, may impose fees on developers to compensate for the impact that a project will have on existing facilities or services. The State of California legislature passed Senate Bill (SB) 50 in 1998, which inserted new language into the Government Code (Sections 65995.5-65995.7), which authorized school districts to impose fees on developers of new residential construction in excess of mitigation fees authorized by Government Code 66000. School districts must meet a list of specific criteria, including the completion and annual update of a School Facility Needs Analysis, in order to be legally able to impose the additional fees.
Mello -Roos Community Facilities Act of 1982
The Mello-Roos Community Facilities Act provides an alternative method of financing certain public capital facilities and services, especially in developing areas and areas undergoing rehabilitation. This state law empowers local agencies to establish Community Facilities Districts, special districts established by local governments in California, as a means of obtaining community funding.
Local
City of Fullerton General Plan (City of Fullerton 2012 a) The Fullerton Built Environment
Goal 7 . Capital Improvement Program. Utilize the Capital Improvement Program to evaluate and prioritize infrastructure maintenance, replacement, and improvement.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-12
P7.1. Balanced Decision-making. Support regional and subregional efforts to focus growth and development within areas that can be adequately served by existing and planned infrastructure systems.
P7.3. Infrastructure Planning. Support projects, programs, policies and regulations to plan for appropriate levels and types of infrastructure based on the desired character of each neighborhood or district.
P7.5. Appropriate Development Scale. Support projects, programs, policies and regulations to ensure that development is appropriate in scale to current and planned infrastructure capabilities.
The Fullerton Economy
Goal 9. Long-term fiscal strength and stability that has a foundation in local economic assets and adapts to dynamic market conditions.
P9.6. Funding for New City Services. Support policies and regulations that require the addition of new City services based on finding that a clear need has been identified and a sustainable funding source is developed.
P9.7. User Fees for Services. Support policies and regulations pertaining to fees charged by the City to both reflect actual costs for providing such services and consider offsets from other funding sources.
P9.10. Attractiveness to Business Investment. Support policies, programs and regulations that sustain the provision of quality municipal services and efficient and responsive business assistance as essential tools to attract and retain businesses and employees.
Goal 11. Revitalization activities that result in community benefits and enhance the quality of life in neighborhoods, districts, and corridors.
P11.4. Education-Based Revitalization. Support policies, projects and programs to foster skill development and economic success through education and the creation of a culture of entrepreneurship.
P11.5. Neighborhood Safety. Support policies, projects, programs and regulations that utilize innovative policing and crime prevention techniques to improve the safety of neighborhoods and districts, such as evidence -based policing, community -based policing and Crime Prevention Through Environmental Design (CPTED).
P11.8. Financing. Support policies, programs and regulations that facilitate the use of creative financing tools for revitalization efforts that alleviate blight, stimulate private -sector investment, upgrade public infrastructure and facilities, and provide quality affordable housing.
The Fullerton Community
Goal 12. Proactively addressing public safety concerns.
P12.3. Community Confidence Building. Support policies and programs that bolster productive communication and problem-solving between public safety personnel and the Fullerton community.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-13
P12.4. Balance Safety Needs. Support policies, projects, programs, and regulations that balance the need to reduce vehicle accidents, injuries, and deaths through traffic calming and street design with the need to facilitate emergency response times.
P12.7. Fire Code Amendments. Support policies, programs and regulations that give the Fire Marshall flexibility to approve streets and fire lanes with reduced clearance requirements when other fire safety factors are incorporated into the project (such as street connectivity, traffic safety and the presence of sprinkler systems).
P12.9. Neighborhood Safety Strategy. Support policies, projects, programs and regulations that strengthen partnerships and community -based efforts, such as Neighborhood Watch, to reduce crime through prevention, education and enforcement, and encourage communities to build block- by-block networks to prevent crime, develop social ties and solve common problems.
P12.10. Community Involvement in Crime Prevention. Support policies and programs that involve the community in supporting informal monitoring, participating in legitimate activities and building a sense of ownership and control over neighborhoods.
P12.11. Public Safety in Focus Areas. Support projects, programs, policies and regulations to proactively address public safety concerns as part of community-based planning of Focus Areas.
P12.12. Crime Prevention. Support policies, programs and regulations that implement crime prevention strategies that have demonstrated success, including Crime Prevention Through Environmental Design (CPTED), Crime -Free Multi -Housing, Business Watch; Neighborhood Watch, iWatch and other similar strategies.
P12.13. Safety Through Design. Support policies, projects, programs and regulations that make crime prevention and the maintenance of public safety service levels considerations in design and management of existing and new private and public spaces.
Goal 13. Responsive to public safety needs.
P13.2. Adequate Resources for Emergencies. Support policies and programs that ensure adequate resources are available in all areas of the City to respond to health, fire and police emergencies.
P13.3. Disaster Hazard Reduction. Support policies, projects, programs and regulations that reduce structural and nonstructural hazards to life safety and minimize property damage and resulting social, cultural and economic dislocations resulting from future disasters.
P13.5. Community Emergency Preparedness. Support policies, programs and regulations that ensure the City, its residents, businesses and services are prepared for effective response and recovery in the event of emergencies or disasters, including the provision of information about the current nature and extent of local safety hazards and emergency plans, including evacuation plans and procedures to accommodate special needs populations. Information should be provided in multiple languages to maximize understanding by community members.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-14
P13.7. New Technologies for Fire and Police Services . Support policies, programs and regulations which are based on research and evaluation and that implement new technologies and methods to improve the efficiency and effectiveness of fire and police services.
P13.10. Community Education on Emergency Preparedness. Support policies and programs to involve and educate the Fullerton community in emergency preparedness.
P13.11. Crime Reduction Strategies. Support policies, programs and regulations to create problem - solving strategies and plans for areas with higher crime rates in the City and to reduce crime by implementing these strategies and plans through a range of measures including increased policing activities, neighborhood partnerships and other innovative programs.
Goal 14. An environment with opportunities for community health and wellbeing.
P14.1. Coordination. Support policies, projects, programs and regulations that provide for convenient and safe areas that facilitate opportunities for physical activity such as parks, trails, open space, safe streets for bicycling, safe sidewalks for walking, and recreational facilities for residents of all ages and abilities.
P14.2. Healthy Living. Support policies, projects, programs and regulations that result in changes to the physical environment to improve health, well-being and physical activity.
P14.5. Opportunities for Physical Activity. Support programs to coordinate with state, county and regional agencies to improve public health and well-being through a range of efforts with regional, subregional and local agencies including schools, local medical facilities, senior centers and adjacent jurisdictions.
P14.6. Amenities Within a Walkable Distance. Support policies and regulations involving land use and zoning changes that would provide access to daily retail needs, recreational facilities, and transit stops within a walkable distance (i.e., a quarter- to a half-mile) of established residential uses.
Goal 15. Parks, recreational facilities, trails, and programs that promote a healthy community and a desirable quality of life.
P15.1. North Orange County Parks and Recreation Collaboration. Support regional and subregional efforts to establish and maintain a collaboration of parks and recreation programs, to share best practices, discuss solutions to common challenges, and explore opportunities for connecting and expanding trails, joint use o f parks and recreational facilities, and recreation programming for participating cities.
P15.2. Existing Parks and Recreation Resources. Support policies, projects, programs and regulations that preserve, protect, maintain and enhance Fullerton’s existing parks, recreational facilities and trails.
P15.3. Access to Recreation Programs. Support policies, projects, programs and regulations that strengthen access to quality recreation programs which, in turn, promote a sense of community and a higher quality of life for Fullerton residents.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-15
P15.4. Partnerships with Other Agencies. Support policies and programs that bolster appropriate partnerships between the City and agencies, including educational institutions, railroad franchises, utility companies, etc., to secure, co -locate or otherwise share parks, recreational facilities and trails on school campuses, within public easements and in other similar locations.
P15.5. Partnerships with Private Ventures. Support policies, projects, programs and regulations allowing commercial ventures as ancillary uses in Fullerton parks and recreational facilities when determined they are context -appropriate, complementary to the facilities, viewed as a public benefit, and generate revenue that supports parks and recreational programs and facilities.
P15.6. Accessible Citywide Park System. Support policies, programs and regulations that facilitate the planning, design and development of an extensive system of parks (passive and active), recreational facilities, and trails that meets the current needs of Fullerton residents and is accessible and within a 15 -minute walking distance (i.e., one -quarter to one -half mile) of every Fullerton resident.
P15.7. Park-to-Population Ratio. Support projects and programs that contribute to a citywide minimum park-to-population ratio of 4 acres per 1,000 people.
P15.8. Recreation Programming. Support programs that promote recreational activities that facilitate healthy and community-oriented lifestyles for Fullerton residents.
P15.9. Community-Based Parks and Recreation Program. Support policies, projects and regulations that reinforce a City commitment to a community -based parks and recreation program that maximizes opportunities to share information, promote two -way communication, and involve the Fullerton community and user gr oups in integrating a broad and diverse range of interests and concerns pertaining to the planning, development, enhancement and rehabilitation of parks, recreational facilities and trails.
P15.10. Park Dwelling Fee. Support policies and regulations which require new construction of dwelling units in the City to pay a park dwelling fee that provides for the creation and enhancement of open space, parks and recreational facilities accessible to all residents.
P15.16. Relationships to Development Projects. Support projects located adjacent to or near parks and trail facilities that facilitate connections and reinforce a positive relationship between private property and public parks and trails.
Goal 16. Broad community participation in cultural activities and visual and performing arts.
P16.6. Fullerton Library System. Support policies and programs which continuously seek to improve and strengthen the Fullerton Library System as an educational and cultural resource accessible to the entire Fullerton community.
Goal 17 . An exceptional variety and quality of educational opportunities that reach community members throughout their lives.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-16
P17.3. Vitality of Educational Resources. Support policies, projects, programs and regulations that contribute to the long-term vitality of higher educational institutions, high schools and elementary schools, and the Fullerton Library system.
P17.5. Access to Life-Long Learning Opportunities. Support policies, projects and programs that ensure residents of all ages, backgrounds and abilities have access to facilities and programs, such as libraries and community education programs, that provide learning experiences for people at every stage in life.
P17.8. Schools as Community Centers. Support policies, projects and programs that recognize and accommodate schools as community centers in which residents participate in programs, assist with education, help improve school facilities, hold community events and use recreational facilities.
P17.10. Housing to Support Educational Facilities. Support policies, projects and programs that facilitate efforts by educational institutions and the private sector to develop an adequate supply of housing for faculty and staff of all schools, as well as adequate housing for college and university students. (See Chapter 2: Housing of The Fullerton Plan for related policy actions.) P17.16. Project Impact Mitigation. Support programs that foster coordination between the City and local school districts, colleges and universities to assess and mitigate project impacts pertaining to on- and off -campus development.
P17.17. Fullerton Library. Support policies, projects and programs that recognize the Fullerton Library as a central element in Fullerton’s citywide educational system.
City of Fullerton Municipal Code ( City of Fullerton 20 23f ) Code 13.19: Fire Prevention Standards. This code includes measures to protect development in the City from potential fire hazards or fire hazard severity zones . Under this code, property owners within fire hazard severity zones are required to comply with the Fire Department’s Fire Prevention Standard on Fuel Modification Plans and Maintenance. Additionally, under this code, the Fire Department may designate specific areas in the City as protection areas.
Code 21.12: Fee for Parks on the Construction of Dwelling Units. This code imposes a fee on dwelling units established in the City in order to provide for the acquisition, development, and improvement of public parks and recreational facilities, as proposed by the City’s Five Year Capital improvement Program. The purpose of the park fee is to implement the goals and policies of the Resource Management Element of the City of Fullerton's General Plan, which calls for the creation of open space throughout the community and the provision of a comprehensive and unified system of parks and recreational facilities accessible to all residents.
4.9.3 Thresholds of Significance
The significance criteria used to evaluate the project impacts to public services are based on Appendix G of the CEQA Guidelines. According to Appendix G of the CEQA Guidelines, a significant impact related to public services would occur if the project would:
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-17
1. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental im pacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
a. Fire protection.
b. Police protection.
c. Schools.
d. Parks.
e. Other public facilities.
Based on the results of the Initial Study (Appendix A) the following thresholds are evaluated within this section for the Program:
PUB-1. Would the Program result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks?
f. Other public facilities?
4.9.4 Impacts Analysis
PUB-1. Would the Program result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
a. Fire protection?
As detailed in Section 4.9.1, Existing Conditions, the Planning Area is served by existing FFD services through stations throughout the Fullerton HIOZ Planning Area. The location of fire stations in the City can be found in Table 4.9-1. Moreover, Table 4.9-1 shows six stations that serve the City of Fullerton. The HIOZ Planning Area is located in the City of Fullerton, within an urbanized area of Orange County . According to FFD, all fire stations that serve the Planning Area appear sufficient to continue to adequately meet the minimum requirements for the service population, although, an additional fire engine staffed with a crew of 4 would be necessary at each fire station. According to FFD, all fire stations that serve the Planning Area would continue to adequately meet the minimum requirements for the service population, and there is no planned construction of new or expanded fire protection facilities in the Planning Area.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-18
No specific development is proposed as part of the Program such that direct impacts on fire protection services would occur . However, implementation of the Program would ultimately facilitate future development, which would increase demand on fire protection services by allowing for new residential development projects and, thus, includes the potential for employment and population growth. Future development projects are anticipated to generate a range of fire service calls, typical of residential land uses. Therefore, the Program would increase demand on the fire protection and emergency services.
Existing policies and regulations are intended to minimize impacts to performance objectives of fire protection services (i.e., standard response times). As new development occurs, payments would occur in order to fund the services to maintain acceptable s ervice ratios, response times or other performance objectives, such as the hiring of fire protection services personnel, the construction of new stations, and the funding of certain capital equipment. Operational funding for the FFD is also supported by th e City’s General Fund. As population growth increases and demand for Fullerton fire’s services increases, the City would allocate resources from the C ity's General Fund , which is funded by tax payer dollars, during the City’s annual budgeting process to address staffing and equipment needs to adequately serve communities, including the needs generated by the Program.
Additionally, existing building and fire codes, as outlined in Section 4.9.2, Relevant Plans, Policies, and Ordinances, require fire hydrants, sprinkler systems, smoke detectors, and adequate access for emergency vehicles, which would reduce potential impacts of the future development on fire protection and emergency services. These project design elements would be reviewed and approved by the FFD and Public Works prior to the issuance of building permits for each future development within the Program Area. As such, future development projects under the proposed Program would comply with all applicable provisions of the C ity’s Fire and Building Codes. These existing C ity permitting procedures for development would minimize potential impacts to fire protection services.
Moreover, implementation of the Program would occur gradually through 20 29 as the Program is anticipated to facilitate RHNA housing production within the City for the planning period ending in 2029 .
The FFD would add staff and equipment to the existing stations on an as-needed basis over time in order to accommodate increased demand. Due to the existing stations serving the Program A rea and the anticipated infill development that would be allowed under the Program, the increase in staffing and equipment required to serve the buildout of the Program would be accommodated by the existing fire stations, and no new or physically altered fire protection facilities would be required to serve the buildout of the Program, as confirmed by the Fullerton Fire Department . Although, the number of deployable resources at these existing fire stations would be increased by one additional fire unit and four personnel of which two would be Paramedics ( Appendix D). Therefore, the Pro gram would result in a less than significant impact regarding new or physically altered fire protection service facilities, and n o mitigation would be required.
b. Police protection?
Police protection services for the Planning Area are provided by the City of Fullerton Police Department (FPD), as outlined in Section 4.9.1, above. The FPD has one police station located at 237 W. Commonwealth Avenue, Fullerton, California 92832. The FPD is guided by established standard law enforcement service ratios and performance standards. The FPD’s response times vary based on the priority designation of the call. Priority 1 calls have shorter average response time typically around 5 minutes, while the response times for calls with lesser priority levels (such as Priority 2 calls) increase. Under existing conditions, the FPD employs
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-19
approximately 180 employees, including 115 sworn personnel, 52 full-time civilian employees, and 31 volunteers, and handles approximately 50,000 service calls annually (City of Fullerton 2023e).
The Project would implement an overlay zone program to accommodate development of up to 35,611 additional dwelling units, which would generate 103,628 new residents across the Planning Area by the year 2029. To maintain acceptable service ratios and response times under the proposed Program, FPD indicated that there would be a need for additional staffing a need for new or expanded police facilities, such a larger jail, substation, or modifications to the current police station (Appendix D).
Implementation of the Program would occur gradually through 20 29, and the FPD would add staff and equipment to the existing stations on an as -needed basis over time in order to accommodate increased demand. Since increased law enforcement personnel are required to continue to meet acceptable service ratios under the proposed Program , modifications to law enforcement service contracts and equipment assets may be required.
These requirements, along with C ity revenues that would be allocated to the FPD through the annual budgeting process, would ensure that acceptable service ratios, response times or other performance objectives for police protection services would be maintained. As noted by FPD, implementation of the Project was identified as resulting in the need for new or expanded facilities ( Appendix D). Thus, physical impacts to the environment related to the development of or expansion of police department facilities would occur; however, through compliance with the conditions of approval in the City’s General Plan EIR, the construction of new facilities and the provision of expanded services would result in less than significant construction and operational impacts. Therefore, the Program would have a less than significant impact related to new or physically altered police services facilities. c. Schools?
School services within the Planning Area are provided by two school districts: FSD and FJUHSD. The FSD boundary spans the entire City of Fullerton while the FJUHSD boundary extends beyond City limits to serve additional cities, including the cities of Fullerton, La Habra, La Habra Heights, Buena Park, and small sections of the cities of Brea and Whittier . The Fullerton School District offers education to all school -age residents in the City and operates entirely independent of the County government. In the 2023-2024 school year, FSD had a cumulative total of 7,385 students enrolled in elementary schools, 2,203 students enrolled in junior high schools, and 1,818 students enrolled at other TK -8 schools, for a total of 11,406 students between all their school facilities. The district’s schools serving the Planning Area currently operate below maximum enrollment capacity and meet statewide and district -wide class size ratio standards. No direct development is proposed as part of the Program. However, land use changes and policies proposed by the Program would facilitate future development, which would generate demand for school services. Per communication with FSD, although the school facilities would require updating and modernization at several sites, the district’s facilities would be able to handle increased enrollment at schools as a result of projects associated with the Fullerton HIOZ Project (Appendix D).
The FJUHSD offers high school education to students in the City and surrounding communities and operates entirely independent of the County government. In the 2023-2024 school year, FJUHSD had a cumulative total of 7,396 students enrolled between all of their high school facilities . No direct development is proposed as part of the Program. However, land use changes and policies proposed by the Program would facilitate future development, which would generate demand for school services. Per communication with
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-20
FJUHSD, although the high school facilities would require updating and modernization at several sites, the facilities would adequately serve any increased enrollment at schools as a result of projects associated with the Fullerton HIOZ Project (Appendix D).
Implementation of the Project would be gradually implemented through 2029. Moreover, existing funding mechanisms would lessen potential impacts related to an increase in the student population. As detailed in Section 4.9.1, FSD and FJUHSD are, in part, funded through the payment of development fees pursuant to SB 50 (Government Code Section 65995). These fees would be required to be paid by future development prior to issuance of building permits and would be used to offset the impact of an additional student population. According to SB 50, payment of these fees constitutes adequate mitigation related to impacts to school facilities.
Furthermore, a school district and a project applicant/developer have the option of entering into various alternative mitigation agreements to ensure the timely construction of school facilities to house students from new residential development. The prima ry financing mechanism authorized in these mitigation agreements is the formation of a community facilities district, pursuant to the Mello -Roos Community District Act of 1982. In lieu of an alternative mitigation agreement, state -mandated school facilities fees, which help maintain adequate school facilities and levels of service may also reduce potential impacts.
Ultimately, the provision of schools is the responsibility of the school district. SB 50 provides that the statutory fees found in the Government and Education Codes are the exclusive means of considering and mitigating for school impacts. As previously mentioned, imposition of the statutory fees constitutes full and complete mitigation (Government Code Section 65995[b]). Therefore, the Program would have a less than significant impact related to school facilities, and no mitigation would be required. d. Parks?
Parks and recreation services for the Planning Area are provided by the City of Fullerton Parks and Recreation Department, as outlined in Section 4.9.1, above. The City of Fullerton Parks and Recreation Department maintains and operates approximately 53 parks , trails, and recreational facilities within the City for a total of 683 acres of land in the City Park system as of 2012 (City of Fullerton 2023g ; Appendix D). Information regarding all Fullerton parks throughout the City can be found in Table 4.9-4, Parks in the City of Fullerton, in Section 4.9.1 above.
The Parks and Recreation Department is governed by a City General Plan performance standard to maintain 4 acres of parkland per every 1,000 residents. Under existing conditions, the City has a population of 140,541 people and maintains 683 acres of parkland. Thus, the ratio of parkland per person in the City is 4.85 acres of parkland per every 1,000 people (Appendix D). As such, the Parks and Recreation department currently meets the City’s established performance standard of 4 acres of parkland per every 1,000 residents.
However, as the Project would implement an overlay zone program to accommodate development of up to 35,611 additional dwelling units, which could generate up to 103,628 new residents across the Planning Area by the year 2029 , implementation of the Program would significantly increase the City’s population and cause the ratio of parkland per 1,000 people to fall to an inadequate level. To maintain performance standards under the proposed Program, the Parks and Recreation Department indicated that there would be a need for additional amenities implemented at existing parks in the City, such as expanding playgrounds, trails, or adding more sport courts. Additionally, developers would be required to make recreational space available to the general public (Appendix D). Therefore, with implementation of the
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-21
Program, there is a need for new or physically altered recreational facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios. However, through compliance with the conditions of approval in the City’s General Plan EIR, the construction of new facilities and the provision of expanded services would result in less than significant construction and operational impacts. Therefore, the Program would have a less than significant impact related to new park facilities. e. Other public facilities?
Library services in the Planning Area are provided by Fullerton Public Library as discussed in Section 4.9.1, above. The Fullerton Public Library is located at 353 W. Commonwealth Avenue, Fullerton, California 92832.
State funding has also been secured to re-open the Hunt Library branch in the City of Fullerton which would support the Fullerton Library in accommodating more members of the public with library services. Under existing conditions, and with the re-opening of the Hunt Library branch, the Fullerton Public Library that serves the Project area would adequately meet the minimum requirements for the service population.
No direct development of library services are proposed as part of the proposed Program. However, land use changes and programs proposed by the HIOZ Program would facilitate future development that could potentially result in impact s on library services. The Project would implement a targeted zoning overlay program to accommodate development of up to approximately 3 5,611 additional dwelling units, the potential of which could generate up to 103,628 new residents across the City. As such, implementation of the Project would increase demand on library facilities and library services within the City. This demand would be alleviated by the planned re-opening of the Hunt Library branch and the subsequent increase in Fullerton Public Library employees.
Operational funding for the Fullerton Public Library is supported by the City’s General Fund. As population growth increases and demand for library services increase, the C ity would allocate resources from the General Fund during the City’s annual budgeting process to address staffing and equipment needs to serve increasing demands for library services. As such, future development as a result of the Project’s approximately 35,611 additional dwelling units would be required to provide payment of fees to reduce impacts to library facilities. Therefore, the Program would result in a less than significant impact regarding new or physically altered library facilities, and no mitigation would be required.
4.9.5 Conditions of Approval and Mitigation Measures
Standard Conditions of Approval
The following mitigation measure from the City’s General Plan Program EIR and will be implemented as COAs for the proposed Program.
COA-PUB-1 Prior to the issuance of building permits, individual development project applicants shall submit evidence to the City of Fullerton that legally required school impact mitigation fees have been paid per the mitigation established by the applicable school district.
4.9.6 Significance Conclusion
Impacts related to public services would be less than significant.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-22
4.9.7 Cumulative Effects
Where a lead agency concludes that the cumulative effects of past, present, and reasonably foreseeable future projects are significant, the lead agency then must determine whether the project has any contribution to the cumulative impact, and if so, whethe r the project’s incremental effect is “cumulatively considerable.” Given the City-wide scale of the Fullerton Housing Incentive Overlay Zone Program, the Program would inherently create cumulative effects.
The proposed Program would facilitate population growth by constructing approximately 35,611 new residential units within the Planning Area, increasing the population of the City by up to 103,628 new residents by 2029. The Program’s anticipated increase in population throughout the City would cause a need for additional public services resources related to police and parks facilities as new developments under the Program are completed through 2029. As discussed in Section 4.9.4, Impact Analysis, the Program would result in a need for new or physically altered governmental facilities. However, through compliance with the conditions of approval in the City’s General Plan EIR, the construction of new facilities and the provision of expanded services would result in less than significant construction and operational impacts. Therefore, the Program would result in less than cumulatively considerable impacts to public services.
4.9.8 References Cited
City of Fullerton. 2012a. The Fullerton Plan (Current Version). Accessed November 2, 2023. https://www.cityoffullerton.com/government/departments/community-and-economic- development/planning-zoning/general-plan/the-fullerton-plan-current-version.
City of Fullerton. 2012b. The Fullerton Plan Final Program EIR. Accessed November 30, 2023. https://www.cityoffullerton.com/government/departments/community-and-economic- development/planning-zoning/general-plan/final-program-eir/-folder-229.
City of Fullerton. 2023a. Fire Department. Accessed November 2, 2023. https://www.cityoffullerton.com/government/departments/fire.
City of Fullerton. 2023b. Fullerton Police About FPD. Accessed November 3, 2023. https://www.cityoffullerton.com/government/departments/police/about-fpd.
City of Fullerton. 2023c. Public Schools. Accessed November 28, 2023. https://www.cityoffullerton.com/residents/schools/public-schools?locale=en.
City of Fullerton. 2023d. Private Schools. Accessed November 28, 2023. https://www.cityoffullerton.com/residents/schools/private-schools.
City of Fullerton. 2023e. Fullerton Police Transparency. Accessed November 28, 2023. https://www.cityoffullerton.com/government/departments/police/about-fpd/transparency.
City of Fullerton. 2023f. Fullerton, California Municipal Code. Accessed November 29, 2023. https://codelibrary.amlegal.com/codes/fullerton/latest/fullerton_ca/0-0-0-1.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-23
City of Fullerton. 2023g. Welcome to Parks and Rec. Accessed November 29, 2023. https://www.cityoffullerton.com/ government/departments/parks-recreation/about-us/welcome-to-parks-rec.
City of Fullerton. 2023h. List of Parks. Accessed November 29, 2023. https://www.cityoffullerton.com/ government/departments/parks-recreation/parks-trails-and-fields/fullerton-parks-and-trails/list-of-parks.
City of Fullerton. 2023i. List of Trails. Accessed November 30, 2023. https://www.cityoffullerton.com/ government/departments/parks-recreation/parks-trails-and-fields/fullerton-parks-and-trails/list-of-trails.
City of Fullerton. 2023j. Fullerton Community Centers. Accessed November 30, 2023. https://www.cityoffullerton.com/ government/departments/parks-recreation/facilities/fullerton-community-centers.
City of Fullerton. 2023k. Fullerton Community Center. Accessed November 30, 2023. https://www.cityoffullerton.com/ government/departments/parks-recreation/rentals/fullerton-community-center.
City of Fullerton. 2023l. City of Fullerton Parks List. Accessed November 29, 2023. https://fullertoncagis.maps.arcgis.com/apps/Shortlist/index.html?appid= 47bfe72504554d5fb90f2b7faf5ec570.
City of Fullerton. 2023m. Skate Park. Accessed November 30, 2023. https://www.cityoffullerton.com/ government/departments/parks-recreation/parks-trails-and-fields/independence-park/skate-park.
Fullerton Arboretum. 2023. Fullerton Arboretum Frequently Asked Questions. Accessed November 30, 2023. https://fullertonarboretum.org/faq.aspx.
Fullerton Public Library. 2023. Director’s Welcome and Report. Accessed November 29, 2023. https://www.fullertonlibrary.org/about-library/directors-welcome.
Muckenthaler Cultural Center. 2023. About Us. Accessed November 30, 2023. https://themuck.org/who-we-are.
OC (Orange County) Parks. 2023a. Ted Craig Regional Park. Accessed November 30, 2023. https://www.ocparks.com/ parks-trails/ted-craig-regional-park.
OC Parks. 2023b. Ralph B. Clark Regional Park. Accessed November 30, 2023. https://www.ocparks.com/clarkpark.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.9 – PUBLIC SERVICES
12885
4.9-24
INTENTIONALLY LEFT BLANK
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.10 – RECREATION
12885
4.10-1
4.10 Recreation
This section of the PEIR describes the existing recreation conditions in the City of Fullerton as it relates to the Fullerton Housing Incentive Overlay Zone (HIOZ) Program (Program), identifies associated regulatory requirements, evaluates potential impacts, and identifies mitigation measures related to implementation of the proposed Project.
The proposed Program would apply to 759 parcels across the City totaling 593 acres, and would allow for the future development of up to 35,611 new residential units in the City. Given the Citywide nature of the Program, the location of identified parcels is collectively defined as the “Planning Area” as shown in Figure 3-2, Fullerton HIOZ Map, of this PEIR.
4.10.1 Existing Conditions
The City of Fullerton Parks and Recreation Department maintains and operates approximately 53 parks as well as all trails and recreational facilities within the City (City of Fullerton 2023a). The City Park system totaled 640.4 acres as of 2012 (City of Fullerton 2012b). These facilities serve the local needs of the City and its various communities.
The location of Fullerton parks relative to the Project can be found below in Table 4. 10-1, Parks in the City of Fullerton (City of Fullerton 2023b).
Table 4.10-1. Parks in the City of Fullerton
Park Name Address Amenities Acreage
Adlena Park 300 N. Adlena Drive,
Fullerton, California 92833
Barbecues, Baseball/Softball,
Basketball, Bleacher Seating,
Parking, Picnic Shelter, Picnic Tables,
Playground, Restrooms, Sports Field
Lights, Spray Pool (Summer)
2.8 Amerige Park 300 W. Commonwealth,
Fullerton, California 92832
Baseball/Softball, Bleacher Seating,
Fullerton Community Center, Parking,
Restrooms, Soccer, Sports Field
Lights
7.9 Bastanchury Park 1717 West Bastanchury
Road, Fullerton, California
92833
Baseball/Softball, Basketball,
Playground, Recreation Trail(s),
Restrooms, Soccer
10.8 Brea Dam Park 1700 N Harbor Blvd,
Fullerton, California 92831
Barbecues, Drinking Fountain,
Parking, Picnic Tables, Recreation
Trail(s), Restrooms
Unknown
Brea Dam Recreation Area 1700 N Harbor Blvd,
Fullerton, California 92835
Barbecues, Fire Ring (requires fire
permit), Parking, Picnic Tables,
Recreation Trail(s), Restrooms
241.7
Byerrum Park 501 N. Raymond Ave,
Fullerton, California 92831
Baseball/Softball, Basketball, Picnic
Tables, Playground, Soccer
2.5 Chapman Park 2515 San Carlos Drive,
Fullerton, California 92831
Activity Building, Activity Slab,
Baseball/Softball, Basketball, Picnic
Shelter, Playground, Restrooms,
Soccer
5.39 Craig Regional Park
(County of Orange)
3300 State College Blvd.,
Fullerton, California 92835
Barbecues, Baseball/Softball,
Basketball, Bicycling/Bike Trails,
Hiking, Horseshoe Pits, Fire Rings,
Model Sailing, Parking, Picnic Tables,
124
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.10 – RECREATION
12885
4.10-2
Table 4.10-1. Parks in the City of Fullerton
Park Name Address Amenities Acreage
Playground/Tot lot, Private Party
Area, Racquetball Courts, Restrooms,
Scenic Overlook, Tables, Volleyball
Courts
Downtown Plaza 125 E. Wilshire Avenue,
Fullerton, California 92832
Bandstand, Interactive Fountain,
Museum Center, Parking, Restrooms,
Shaded Seating
1.2 Edward H. White II Park 1550 Parks Road, Fullerton, California 92833
Restrooms 4.2
Emery Park 1201 Sunny Ridge Dr,
Fullerton, California 92833
Picnic Tables, Playground 8.23
Fern Drive Park 1600 W. Fern Drive,
Fullerton, California 92833
Activity Slab, Baseball/Softball,
Bleacher Seating, Picnic Tables,
Playground
2.9 Ford Park 435 W. Wilshire, Fullerton,
California 92832
Barbecues, Baseball/Softball,
Parking, Picnic Shelter, Playground,
Soccer
3.1 Fullerton Arboretum (Cal
State Fullerton)
1900 Associated Rd,
Fullerton, California 92831
Plant Nursery Unknown
Fullerton Creek Greenbelt 1910 Fullerton Creek Dr,
Fullerton, California 92831
Par Course, Recreation Trail(s) 7.9
Fullerton Sports Complex 560 E. Silver Pine St.,
Fullerton, California 92835
Baseball/Softball, Bleacher Seating,
Parking, Picnic Tables, Playground,
Recreation Trail(s), Restrooms, Snack
Bar, Soccer
17.6 Fullerton Tennis Center 110 E. Valencia Mesa Drive, Fullerton, California 92835
Restrooms, Tennis Court Unknown
Gilbert Park 2120 W. Orangethorpe
Avenue, Fullerton, California
92833
Activity Slab, Barbecues,
Baseball/Softball, Basketball,
Parking, Picnic Tables, Playground
6.2 Gilman Park 2590 Hartford Ave,
Fullerton, California 92835
Parking, Restrooms 13.7
Hermosa School Park 400 E. Hermosa Drive,
Fullerton, California 92835
Baseball/Softball, Basketball,
Handicap Facility, Picnic Tables,
Playground
0.8 Hillcrest Park 1200 N Harbor Blvd,
Fullerton, California 92832
Barbecues, Great Lawn with
Fountain, Hillcrest Recreation Center,
Hillcrest Terrace, Izaak Walton Cabin,
Parking, Picnic Tables, Pine Forest
Stairs, Playground, Recreation
Trail(s), Red Cross Building,
Restrooms
37.8 Hiltscher Park 1002 N Euclid St, Fullerton,
California 92833
Creek, Doggie Bag Dispensers,
Parking, Recreation Trail(s)
16.0 Independence Park 801 West Valencia Drive,
Fullerton, California 92832
Exercise Equipment, Handball Courts,
Picnic Areas, and Pool are open.
Gymnasium, Playground, and
Unknown
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.10 – RECREATION
12885
4.10-3
Table 4.10-1. Parks in the City of Fullerton
Park Name Address Amenities Acreage
Racquetball Courts are currently
closed.
Laguna Lake Park 3120 Lakeview Dr,
Fullerton, California 92835
Parking, Picnic Tables, Recreation
Trail(s), Restrooms
28.5 Lemon Park 701 S. Lemon St, Fullerton,
California 92832
Activity Building, Barbecues,
Baseball/Softball, Basketball,
Parking, Picnic Shelter, Picnic Tables,
Playground, Restrooms, Spray Pool
(Summer)
5.1 Lions Field 1440 N. Brea Blvd.,
Fullerton, California 92832
Baseball/Softball, Concession Stand,
Football Field, Parking, Recreation
Trail(s), Restrooms
6.0 Mountain View Park 2601 N. State College Blvd.,
Fullerton, California 92835
Parking, Picnic Tables, View Point 2.0
Muckenthaler Cultural
Center
1201 W. Malvern Ave,
Fullerton, CA 92833
Amphitheatre, Art Gallery, Garden 8.5
Nicholas Park 1015 W Hill Ave, Fullerton,
California 92833
Baseball/Softball, Bleacher Seating,
Parking, Playground, Restrooms
9.0 Olive Park 901 Gilbert Street,
Fullerton, California 92833
Benches, Playground 0.5
Orangethorpe Park 1737 W. Roberta Avenue,
Fullerton, California 92833
Activity Building, Activity Slab,
Barbecues, Baseball/Softball,
Bleacher Seating, Parking, Picnic
Tables, Playground, Restrooms
3.5 Pacific Drive Park 222 Pacific Drive, Fullerton,
California 92833
Parking, Picnic Tables, Playground,
Restrooms, Shaded Seating, Soccer
0.3 Panorama Nature
Preserve
2000 E Bastanchury Rd,
Fullerton, California 92835
Recreation Trail(s) 8.0
Pearl Park 3001 Pearl Drive, Fullerton,
California 92831
Basketball, Picnic Areas, Playground 0.4
Plaza Park 144 E. Wilshire, Fullerton,
California 92832
Mural, Picnic Tables, Playground,
Shaded Seating
0.6 Pooch Park 201 S. Basque Ave,
Fullerton, California 92833
Dog Areas 2.7
Ralph B. Clark Regional
Park (County of Orange)
8800 Rosecrans Ave, Buena
Park, California 90621
Amphitheater, Ball Fields, Barbeques,
Dogs Permitted (on Leashes), Fishing,
Hiking Trails, Horseshoe Pits,
Interpretive Programs Center, Model
Boats, Picnic Areas (Tables,
Restrooms), Picnic Shelters,
Playgrounds, Tennis Courts, Volleyball
Courts, Weddings, Special Events
104
Richman Park 711 S. Highland, Fullerton,
California 92832
Baseball/Softball, Handicap Facility,
Parking, Picnic Shelter, Playground,
Restrooms, Soccer
2.2 Robert E. Ward Nature
Preserve
2245 N Euclid St, Fullerton,
California 92835
Nature Preserve 72.0
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.10 – RECREATION
12885
4.10-4
Table 4.10-1. Parks in the City of Fullerton
Park Name Address Amenities Acreage
Roger B. Chaffee Park 1550 W. Rosecrans,
Fullerton, California 92833
Recreation Trail(s) 2.6
Rolling Hills Park 1515 E. Bastanchury Rd,
Fullerton, California 92835
Picnic Tables, Playground 9.5
Rolling Hills School Park 1470 E. Rolling Hills Dr,
Fullerton, California 92835
Parking, Playground 0.3
San Juan Park 2920 San Juan Drive,
Fullerton, California 92835
Barbecues, Picnic Tables, Restrooms 1.7
Skate Park (at
Independence Park)
801 West Valencia Drive,
Fullerton, California 92832
Skate Park 0.2
Trail Rest Park 2345 Brea Blvd, Fullerton,
California 92835
Recreation Trail(s) 1.0
Tri-City Regional Park 2301 N Kraemer Blvd,
Placentia, California 92870
Barbecues, Fishing, Lake, Picnic
Tables, Play Areas, Recreation
Trail(s), Restrooms
40.0 Truslow Park 401 E. Truslow Ave.,
Fullerton, California 92832
Barbecues, Picnic Tables, Playground 0.1
Union Pacific Park
(Currently closed)
121 W. Truslow Ave.,
Fullerton, California 92832
Barbecues, Basketball, Picnic Tables,
Playground, Recreation Trail(s),
Restrooms
1.7 Valencia Park 2425 W. Valencia Drive,
Fullerton, California 92833
Activity Slab, Barbecues,
Baseball/Softball, Basketball,
Bleacher Seating, Picnic Tables,
Playground, Restrooms, Wading Pool
3.9 Virgil “Gus” Grissom Park 1601 W. Rosecrans Ave,
Fullerton, California 92833
Parking, Recreation Trail(s) 10.8
Vista Park 2002 E. Bastanchury Rd.,
Fullerton, California 92835
Parking, Shaded Seating 8.0
West Coyote Hills Park 2100 N. Gilbert St.,
Fullerton, California 92832
Picnic Tables 3.6
West Coyote Hills Tree
Park
2349 Parks Rd., Fullerton,
California 92833
Recreation Trail(s) 11.0
Woodcrest Park 440 W. Orangethorpe Ave.,
Fullerton, California 92832
Barbecues, Baseball/Softball,
Bleacher Seating, Parking, Picnic
Tables, Playground, Restrooms
5.3 Source: City of Fullerton 2023b, 2023e, 2023i; Fullerton Arboretum 2023; Muckenthaler Cultural Center 2023; OC Parks 2023a, 2023b.
The City also maintains and operates 28 miles of recreational trails within the City which may also be enjoyed by hikers, equestrians, and mountain bikers, among others (City of Fullerton 2023c). The trails serving the Planning Area are identified below in Table 4.10-2, City of Fullerton Trails.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.10 – RECREATION
12885
4.10-5
Table 4.10-2. City of Fullerton Trails
Trail Name Address Amenities
Length
(Miles)
Featured Trails
Brea Dam Trail Rear of St. Jude Medical Center to
Fullerton Municipal Golf Course
Fullerton, California 92835
Access to: Fullerton Municipal Golf
Course. Lost Trail to Trail Rest Park
1.6 Bud Turner Trail Laguna Lake Park at Hermosa Drive
to corner of Euclid Street and
Valencia Mesa Drive
Fullerton, California 92835
Access to: Fullerton Equestrian
Center, Hermosa Trails, Juanita
Cookie Trail, Laguna Lake Park
1.8 East Coyote Hills Trail Brea Blvd. to Craig Regional Park Fullerton, California 92835
Access to: Craig Regional Park, the
Summit House, Vista Park
1.8 Hiltscher Park Trail Corner of Bastanchury Rd. & W.
Valley View Dr. to the Juanita Cooke
Trail off Valencia Mesa Dr.
Fullerton, California 92833
Access to: Bike Trails, Juanita
Cookie Trail
1.4 Juanita Cookie
Greeenbelt & Trail
Laguna Lake Park at Hermosa Drive
& Santa Rosa Place to the SW
Corner of Berkeley and Harbor Blvd.
Fullerton, California 92835
Access to: Downtown Fullerton,
Laguna Lake Park
2.8 Lost Trail Brea Blvd. to Brea Dam Trail
Fullerton, California 92835
Access to: Brea Dam Trail, Brea
Dam Recreation Center, Fullerton
Municipal Golf Course, Trail Rest
Park
0.7 Nora Kuttner Trail N.E. corner of Castlewood Drive and Parks Rd. to Euclid St.
Fullerton, California 92835
Access to: Bud Turner Trail,
Laguna Lake Park, West Coyote
Hills Nature Preserve, West Coyote
Hills Tree Park
0.6 Panorama Trail Brea Blvd. to Bastanchury Road
Fullerton, California 92831
Access to: Coyote Hills Golf Course,
East Coyote Hills Trail, Panorama
Nature Preserve, Panorama Trail,
Summit House
1.5 Parks Road Trail North end of Grissom Park at
Camino Rey to White Park on Parks
Road
Fullerton, California 92833
Access to: Chaffee Park, Grissom
Park, Parks Jr. High School Athletic
Fields, Pioneer Trail, White Park
1.3 Rosecrans Trail Ralph B. Clark Regional Park to West Coyote Hills Tree Park on Parks Road
Fullerton, California 92833
Access to: Ralph B. Clark Regional
Park, West Coyote Hills Park, West
Coyote Hills Tree Park
1.6 Sally Pekarek Trail N.W. Corner of Gilbert St. & Malvern Ave. to Sunnyridge Dr.
Fullerton, California 92833
Access to: Emery Park, Pioneer
Trail, Sunny Ridge Community
0.8 Other Trails
Castlewood Trail Connector Trail 1.3
Hermosa Trail Street / Connector Trail 1.1
Horse Alley Backbone Trail 0.6
Las Palmas Trail Street / Connector Trail 1.1
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.10 – RECREATION
12885
4.10-6
Table 4.10-2. City of Fullerton Trails
Trail Name Address Amenities
Length
(Miles)
Lucy Van Der Hoff
Trail
Connector Trail 0.9
Pioneer Trail Street / Backbone Trail 0.3
Rolling Hills Trail Street / Backbone Trail 0.9
Valencia Mesa Trail Street / Connector Trail 1.2
Source: City of Fullerton 2023c.
The City also maintains and operates various recreational facilities within the City, including some facilities operated in partnership with City partners (City of Fullerton 2023 g). The facilities serving the Planning Area are identified below in Table 4.10-3, Recreational Facilities in the City of Fullerton.
Table 4.10-3. Recreational Facilities in the City of Fullerton Facility Name Address Amenities
City of Fullerton Facilities
Fullerton Community
Center
340 West Commonwealth Ave.,
Fullerton, California 92832
Classrooms, Courtyard, Events, Gym,
Multipurpose, Office Spaces, Pool
Garnet Neighborhood
Center
3012 Garnet Lane Units A & B,
Fullerton, California 92831
Recreation Center
Gilbert Neighborhood
Center
2120 W. Orangethorpe Avenue,
Fullerton, California 92833
Food Pantry, Trauma Informed Trainings,
Support Groups, Parenting Resources & Family
Support, Teen Mentorship, Community Events
& Advocacy
Maple Neighborhood
Center at Lemon Park
701 South Lemon Street, Fullerton,
California 92832
Community & Youth Services, Lemon Park
Pavilion, Spray Pool
Other Facilities
Gilbert – OC United 418 West Commonwealth Ave,
Fullerton, California 92832
Community Center, Community and Family
Services
Fullerton Museum
Center
301 N. Pomona Ave, Fullerton,
California 92832
Museum
Richman
Neighborhood Center
– CSUF Center for
Healthy
Neighborhoods
320 West Elm Avenue, Fullerton,
California 92832
Adoptive, Foster Care, & Relative Caregiver
Family Support Services, Case Management,
Children and Youth Programs, Community
Engagement Workshops, Counseling
(Individual, Family, Couples, and Groups),
Health Assessments, Health Management
Program, Mental Health Services, Parenting
Education (With Free Childcare)
Source: City of Fullerton 2023g, 2023h.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.10 – RECREATION
12885
4.10-7
4.10.2 Relevant Plans, Policies, and Ordinances
Federal
There are no federal policies or regulations applicable to recreation with respect to the Project.
State
California Government Code
Section 66477. The Quimby Act (Government Code Section 66477), enacted in 1975, creates a framework that allows cities and counties to provide parks for growing communities. The Quimby Act authorizes jurisdictions to adopt ordinances that require parkland dedication or payment of in-lieu fees as a condition of approval of residential subdivisions. The Quimby Act also specifies acceptable uses and expenditures of the funds, such as allowing developers to set aside land, donate conservation easements, or pay direct fees for park improvements.
Mello -Roos Community Facilities Act of 1982
The Mello-Roos Community Facilities Act provides an alternative method of financing certain public capital facilities and services, especially in developing areas and areas undergoing rehabilitation. This state law empowers local agencies to establish Community Facilities Districts, special districts established by local governments in California, as a means of obtaining community funding.
Landscaping and Lighting Act of 1972, California Streets and Highway Code The California Landscaping and Lighting Act of 1972 authorizes local legislative bodies to establish benefit related assessment districts or landscaping and lighting districts. Legislative bodies can levy assessments for the construction, installation, and maintenance of certain public landscaping and lighting improvements, including local public parks.
Local
City of Fullerton General Plan (City of Fullerton 2012 a) The Fullerton Economy
Goal 9. Long-term fiscal strength and stability that has a foundation in local economic assets and adapts to dynamic market conditions.
P9.6. Funding for New City Services. Support policies and regulations that require the addition of new City services based on finding that a clear need has been identified and a sustainable funding source is developed.
The Fullerton Community
Goal 14. An environment with opportunities for community health and wellbeing.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.10 – RECREATION
12885
4.10-8
P14.1. Coordination. Support policies, projects, programs and regulations that provide for convenient and safe areas that facilitate opportunities for physical activity such as parks, trails, open space, safe streets for bicycling, safe sidewalks for walking, and recreational facilities for residents of all ages and abilities.
P14.5. Opportunities for Physical Activity. Support programs to coordinate with state, county and regional agencies to improve public health and well-being through a range of efforts with regional, subregional and local agencies including schools, local medical facilities, senior centers and adjacent jurisdictions.
P14.6. Amenities Within a Walkable Distance. Support policies and regulations involving land use and zoning changes that would provide access to daily retail needs, recreational facilities, and transit stops within a walkable distance (i.e., a quarter- to a half-mile) of established residential uses.
Goal 15. Parks, recreational facilities, trails, and programs that promote a healthy community and a desirable quality of life.
P15.1. North Orange County Parks and Recreation Collaboration. Support regional and subregional efforts to establish and maintain a collaboration of parks and recreation programs, to share best practices, discuss solutions to common challenges, and explore opportunities for connecting and expanding trails, joint use o f parks and recreational facilities, and recreation programming for participating cities.
P15.2. Existing Parks and Recreation Resources. Support policies, projects, programs and regulations that preserve, protect, maintain and enhance Fullerton’s existing parks, recreational facilities and trails.
P15.3. Access to Recreation Programs. Support policies, projects, programs and regulations that strengthen access to quality recreation programs which, in turn, promote a sense of community and a higher quality of life for Fullerton residents.
P15.4. Partnerships with Other Agencies. Support policies and programs that bolster appropriate partnerships between the City and agencies, including educational institutions, railroad franchises, utility companies, etc., to secure, co -locate or otherwise share parks, recreational facilities and trails on school campuses, within public easements and in other similar locations.
P15.6. Accessible Citywide Park System. Support policies, programs and regulations that facilitate the planning, design and development of an extensive system of parks (passive and active), recreational facilities, and trails that meets the current needs of Fullerton residents and is accessible and within a 15 -minute walking distance (i.e., one -quarter to one -half mile) of every Fullerton resident.
P15.7. Park-to-Population Ratio. Support projects and programs that contribute to a citywide minimum park-to-population ratio of 4 acres per 1,000 people.
P15.8. Recreation Programming. Support programs that promote recreational activities that facilitate healthy and community-oriented lifestyles for Fullerton residents.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.10 – RECREATION
12885
4.10-9
P15.9. Community-Based Parks and Recreation Program. Support policies, projects and regulations that reinforce a City commitment to a community -based parks and recreation program that maximizes opportunities to share information, promote two -way communication, and involve the Fullerton community and user gr oups in integrating a broad and diverse range of interests and concerns pertaining to the planning, development, enhancement and rehabilitation of parks, recreational facilities and trails.
P15.10. Park Dwelling Fee. Support policies and regulations which require new construction of dwelling units in the City to pay a park dwelling fee that provides for the creation and enhancement of open space, parks and recreational facilities accessible to all residents.
P15.16. Relationships to Development Projects. Support projects located adjacent to or near parks and trail facilities that facilitate connections and reinforce a positive relationship between private property and public parks and trails.
City of Fullerton Municipal Code ( City of Fullerton 2023 d) Code 9.12: Park Regulations. This code establishes various standards to maintain, protect, and safely operate parks within the City and sets standards for the construction of parks. This code also sets standards to protect biking, boating, fishing, and various other opportunities for recreational activity in and around City parks, as well as to protect public health for people and local wildlife.
Code 9.16: Dog Parks. This code establishes various regulations on those bringing dogs to City dog parks to the public to promote public peace, morals, health, and safety. The code also details the penalties of violating these regulations.
Code 21.12: Fee for Parks on the Construction of Dwelling Units. This code imposes a fee on dwelling units established in the City in order to provide for the acquisition, development, and improvement of public parks and recreational facilities, as proposed by the City’s Five Year Capital improvement Program. The purpose of the park fee is to implement the goals and policies of the Resource Management Element of the City of Fullerton's General Plan, which calls for the creation of open space throughout the community and the provision of a comprehensive and unified system of parks and recreational facilities accessible to all residents.
4.10.3 Thresholds of Significance
The significance criteria used to evaluate the project impacts to recreation are based on Appendix G of the CEQA Guidelines. According to Appendix G of the CEQA Guidelines, a significant impact related to recreation would occur if the project would:
1. 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.
2. Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.10 – RECREATION
12885
4.10-10
Based on the results of the Initial Study (Appendix A), the Program would result in less than significant impacts related to requiring the construction or new or expanded recreational facilities that might have an adverse physical effect on the environment. As such, the following threshold is evaluated within this section for the Program:
REC-1: Would the Program 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?
4.10.4 Impacts Analysis
REC-1. Would the Program 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? As outlined above in Section 4.10.1. above, recreational services within the Planning Area are provided primarily by the City of Fullerton, with limited park service provided by Orange County Parks. Table 4.10 -1 lists the City and County parks serving the Planning Area and their locations throughout the City. No direct development is proposed as part of the Program. However, land use changes proposed by the Program would facilitate future residential development, which would increase the City’s population and, thus, would result in the potential to increase the use of existing recreational facilities such that physical deterioration could occur and/or be accelerated.
The Program would implement land use and zoning changes to accommodate the future development of up to approximately 35,611 additional dwelling units, the potential of which could generate up to 103,628 new residents across the Planning Area by the year 2029. Future occupants of these development projects would be anticipated to use existing neighborhood and regional parks or other recreational facilities within the City.
In addition, housing growth within typically leads to an increase in demand for in par ks and recreational facilities. As such, Program implementation would increase the demand for recreational facilities.
The City has identified ongoing and future park improvements that are or are anticipated to be implemented near the Planning Area, including improvements to Amerige Park, Gilbert Park, Emery Park, Independence Park, Chapman Park, Juanita Cookie Trail, and Union Pacific Park (City of Fullerton 2023f). Moreover, the City identified other recreational facilities near the Planning Area, including the Bastanchury Greenbelt (City of Fullerton 2023e). These park improvements would support the increased population in the C ity as a result of the Program.
The Planning Area is located in a relatively built-out urbanized area within Orange County. As such, the future development of recreational facilities is too speculative at the time of drafting this Draft PEIR.
Although implementation of the Program may result in future open space on-site of future developments, and future park and/or recreational facilities may be created with each development project, it is unknown whether future facilities would be adequate to serve the demands generated by new and existing residents.
The HIOZ Program would result in an increased population across the Planning Area which would increase the use of existing recreational parks and facilities such that there would be a need for additional recreational amenities. However, as required by the City’s Municipal Code Section 21.12, a fee would be imposed on dwelling units established in the City in order to provide for the acquisition, development, and improvement of public parks and recreational facilities, as proposed by the City’ s Five Year Capital improvement Program. The purpose of the park fee is to implement the goals and policies of the Resource Management Element of the City of Fullerton's General Plan, which calls for the creation of open space
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.10 – RECREATION
12885
4.10-11
throughout the community and the provision of a comprehensive and unified system of parks and recreational facilities accessible to all residents.
As such, upon implementation of City requirements, including the payment of park mitigation fees or the dedication of land for future parks, as well as Fullerton HIOZ-specific goals, policies, and implementation programs, the Program would have a less than significant impact to recreational facilities.
4.10.5 Mitigation Measures
No mitigation measures required.
4.10.6 Significance Conclusion
Impacts associated with the proposed Program would be less than significant, and no mitigation would be required.
4.10.7 Cumulative Effects
Where a lead agency concludes that the cumulative effects of past, present, and reasonably foreseeable future projects are significant, the lead agency then must determine whether the project has any contribution to the cumulative impact, and if so, whethe r the project’s incremental effect is “cumulatively considerable.” Given the City-wide scale of the Fullerton Housing Incentive Overlay Zone Program, the Program would inherently create cumulative effects.
The HIOZ Program would result in an increased population across the Planning Area which would increase the use of existing recreational parks and facilities such that there would be a need for additional recreational amenities .
However, as required by the City’s Municipal Code Section 21.12, a fee would be imposed on dwelling units established in the City in order to provide for the acquisition, development, and improvement of public parks and recreational facilities, as proposed by the City’s Five Year Capital improvement Program . The purpose of the park fee is to implement the goals and policies of the Resource Management Element of the City of Fullerton's General Plan, which calls for the creation of open space throughout the community and the provision of a comprehensive and unified system of parks and recreational facilities accessible to all residents. As such, upon implementation of City requirements, the Program would result in less than significant and less than cumulatively considerable impacts to recreational facilities.
4.10.8 References Cited
City of Fullerton. 2012a. The Fullerton Plan (Current Version). Accessed November 30, 2023. https://www.cityoffullerton.com/government/departments/community-and-economic- development/planning-zoning/general-plan/the-fullerton-plan-current-version.
City of Fullerton. 2012b. The Fullerton Plan Final Program EIR. Accessed November 30, 2023. https://www.cityoffullerton.com/government/departments/community-and-economic- development/planning-zoning/general-plan/final-program-eir/-folder-229.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.10 – RECREATION
12885
4.10-12
City of Fullerton. 2023a. Welcome to Parks and Rec. Accessed November 29, 2023. https://www.cityoffullerton.com/government/departments/parks-recreation/about-us/ welcome-to-parks-rec.
City of Fullerton. 2023b. List of Parks. Accessed November 29, 2023. https://www.cityoffullerton.com/ government/departments/parks-recreation/parks-trails-and-fields/fullerton-parks-and-trails/list-of-parks.
City of Fullerton. 2023c. List of Trails. Accessed November 30, 2023. https://www.cityoffullerton.com/ government/departments/parks-recreation/parks-trails-and-fields/fullerton-parks-and-trails/list-of-trails.
City of Fullerton. 2023d. Fullerton, California Municipal Code. Accessed November 30, 2023. https://codelibrary.amlegal.com/codes/fullerton/latest/fullerton_ca/0-0-0-1.
City of Fullerton. 2023e. City of Fullerton Parks List. Accessed November 29, 2023. https://fullertoncagis.maps.arcgis.com/apps/Shortlist/index.html?appid=47bfe72504554d5fb 90f2b7faf5ec570.
City of Fullerton. 2023f. Park Improvements. Accessed November 30, 2023. https://www.cityoffullerton.com/ government/departments/parks-recreation/about-us/park-improvements.
City of Fullerton. 2023g. Fullerton Community Centers. Accessed November 30, 2023. https://www.cityoffullerton.com/government/departments/parks-recreation/facilities/ fullerton-community-centers.
City of Fullerton. 2023h. Fullerton Community Center. Accessed November 30, 2023. https://www.cityoffullerton.com/government/departments/parks-recreation/rentals/ fullerton-community-center.
City of Fullerton. 2023i. Skate Park. Accessed November 30, 2023. https://www.cityoffullerton.com/ government/departments/parks-recreation/parks-trails-and-fields/independence-park/skate-park.
Fullerton Arboretum. 2023. Fullerton Arboretum Frequently Asked Questions. Accessed November 30, 2023. https://fullertonarboretum.org/faq.aspx.
Muckenthaler Cultural Center. 2023. About Us. Accessed November 30, 2023. https://themuck.org/who-we-are.
OC (Orange County) Parks. 2023a. Ted Craig Regional Park. Accessed November 30, 2023. https://www.ocparks.com/parks-trails/ted-craig-regional-park.
OC Parks. 2023b. Ralph B. Clark Regional Park. Accessed November 30, 2023. https://www.ocparks.com/clarkpark.
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR
MAY 2024
4.11 – TRANSPORTATION
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.11-1
4.11 Transportation
This section of the Program EIR (PEIR) analyzes the potential impacts from the implementation of the proposed Housing Incentive Overlay Zone (HIOZ) Program (Program) on transportation. Pursuant to Senate Bill (SB) 743, the City of Fullerton adopted Transportation Assessment Policies and Procedures (TAPP) (June 16 . 2020) by Resolution No. 2020-49, to include vehicle miles traveled (VMT) as the new metric to evaluate the significance of transportation impacts. These guidelines and thresholds apply to land use and transportation projects in the City that are subject to CEQA and non-CEQA analyses. This section uses VMT as the basis for evaluating transportation impacts of the Project under CEQA. The VMT analysis is based on information provided in the following documents:
Appendix E Vehicle Miles Traveled (VMT) Modeling Assumptions and Outputs for the Housing Incentive Overlay EIR, City of Fullerton, April 03, 2024, prepared by Translutions Inc.
As noted above, this PEIR uses the metric of VMT for analyzing transportation impacts under CEQA. Therefore, non- CEQA analysis which includes, level of service (LOS) based analysis of roadway segments and intersections is not warranted per the scope of this document. The City would use criteria1 specified in the “LOS Based Analysis Policies and Procedures” to determine if individual projects, as and when those are reviewed, would have a potential effect on transportation. Additionally, per City’s General Plan Program EIR, implementation of condition of approval, COA- TRA-1 would ensure preparation of a detailed multi-modal analysis to ensure consistency of individual projects with the City’s current and applicable General Plan Mobility policies.
Comments received in response to the Notice of Preparation (NOP) are summarized in Table 2-1, Notice of Preparation and Comment Letters Summary, included in Chapter 2, Introduction, of this Draft PEIR. A copy of the NOP and the comment letters received in response to the NOP are included in Appendix A of this EIR. Some comments and concerns received were regarding potential for increase in traffic congestion, construction period traffic detours and effects on transit, bike and pedestrian facilities, assessment of the existing mobility conditions in the City, impact on City’s bike plan and facilities, availability of a regional park and ride facility at 3000 West Orangethorpe Avenue as a potential mixed -use housing development, various aspects of land development and transportation planning to facilitate the proposed Program, freight movement, delivery and parking and potential impacts to traffic operations.
4.11.1 Existing Conditions
This section describes the existing transportation setting in the City, including the roadway, transit, pedestrian, and bicycle systems.
1 Page 4, LOS Analysis, TAPP: An LOS analysis shall be required for a proposed project that meets any of the following criteria:
▪ Either the AM or PM peak hour trip generation is expected to exceed 40 net new vehicle trips; ▪ Regardless of net new vehicle trips, the combination of the land use and location justify analysis at the City's discretion.
If a project does not meet any of the applicability criteria, no further analysis for LOS is needed.