111924 CED Housing Element Draft EIR — City Council - Successor Agency - Housing Authority, November 19, 2024 (part 1 of 3)

Draft Environmental Impact Report
Fullerton Housing Incentive
Overlay Zone Program
SCH NO. 2023090133
MAY 2024
Prepared for:

CITY OF FULLERTON
303 West Commonwealth Avenue
Fullerton, California 92832
Contact: Chris Schaefer, AICP
Prepared by:

225 South Lake Avenue, Suite M210
Pasadena, California 91101
Contact: Nicole Cobleigh

Printed on 30% post-consumer recycled material.

FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 TOC-i
Table of Contents
SECTION PAGE NO.

Acronyms and abbreviations ...................................................................................................................................... ACR-i

1.0 Executive Summary....................................................................................................................................... 1.0-1

1.1 Introduction...................................................................................................................................... 1.0-1

1.2 Project Description .......................................................................................................................... 1.0-2

1.3 Summary of Environmental Impacts and Mitigation Measures ................................................... 1.0-3

1.4 Areas of Known Controversy ......................................................................................................... 1.0-27

1.5 Summary of Project Alternatives .................................................................................................. 1.0-27

1.5.1 Alternative 1 – No Project/Buildout According to Adopted Plans ................................. 1.0-28

1.5.2 Alternative 2 - Reduced Sites Alternative ....................................................................... 1.0-28

1.5.3 Alternative 3 - Reduced Density Alternative ................................................................... 1.0-28

1.5.4 Environmentally Superior Alternative ............................................................................. 1.0-29 2 Introduction ................................................................................................................................................... 2.0-1

2.1 Purpose and Scope ......................................................................................................................... 2.0-1

2.2 Compliance with CEQA .................................................................................................................... 2.0-1

2.2.1 Format ................................................................................................................................ 2.0-1

2.2.2 Environmental Procedures ................................................................................................ 2.0-2

2.2.3 Incorporated by Reference ................................................................................................ 2.0-3

2.2.4 NOP Comments and Scoping Meeting ............................................................................. 2.0-3

3.0 Project Description ........................................................................................................................................ 3.0-1

3.1 Project Location ............................................................................................................................... 3.0-1

3.1.1 Planning Area ..................................................................................................................... 3.0-1

3.2 Environmental Setting ..................................................................................................................... 3.0-1

3.2.1 California Environmental Quality Act ................................................................................ 3.0-1

3.2.2 Existing Conditions............................................................................................................. 3.0-2

3.2.3 General Plan ....................................................................................................................... 3.0-3

3.2.4 Housing Element ................................................................................................................ 3.0-3

3.2.5 Regional Housing Needs Assessment .............................................................................. 3.0-4

3.2.6 Other Community and Specific Plans ............................................................................... 3.0-5

3.3 Project Objectives ............................................................................................................................ 3.0-5

3.4 Project Description .......................................................................................................................... 3.0-5

3.4.1 Methodology ....................................................................................................................... 3.0-6

3.4.2 Program-Related Growth and Buildout ............................................................................. 3.0-8

3.4.3 General Plan Consistency ............................................................................................... 3.0-10

3.4.4 Municipal Code Amendments ......................................................................................... 3.0-11

3.5 Conditions of Approval .................................................................................................................. 3.0-12

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3.6 Discretionary Actions ..................................................................................................................... 3.0-19

3.7 References Cited ........................................................................................................................... 3.0-19

4.0 Environmental Impact Analysis .................................................................................................................... 4.0-1

4.1 Air Quality ......................................................................................................................................... 4.1-1

4.1.1 Existing Conditions............................................................................................................. 4.1-1

4.1.2 Relevant Plans, Policies, and Ordinances ...................................................................... 4.1-11

4.1.3 Thresholds of Significance .............................................................................................. 4.1-17

4.1.4 Methodology ..................................................................................................................... 4.1-17

4.1.5 Impacts Analysis .............................................................................................................. 4.1-21

4.1.6 Mitigation Measures ........................................................................................................ 4.1-34

4.1.7 Significance Conclusion .................................................................................................. 4.1-37

4.1.8 Cumulative Effects ........................................................................................................... 4.1-37

4.1.9 References Cited ............................................................................................................. 4.1-38

4.2 Greenhouse Gas Emissions ............................................................................................................ 4.2-1

4.2.1 Existing Conditions............................................................................................................. 4.2-1

4.2.2 Relevant Plans, Policies, and Ordinances ........................................................................ 4.2-6

4.2.3 Thresholds of Significance .............................................................................................. 4.2-18

4.2.4 Methodology ..................................................................................................................... 4.2-21

4.2.5 Impacts Analysis .............................................................................................................. 4.2-25

4.2.6 Mitigation Measures ........................................................................................................ 4.2-33

4.2.7 Significance Conclusion .................................................................................................. 4.2-33

4.2.8 Cumulative Effects ........................................................................................................... 4.2-33

4.2.9 References Cited ............................................................................................................. 4.2-34

4.3 Hazards and Hazardous Materials ................................................................................................. 4.3-1

4.3.1 Existing Conditions............................................................................................................. 4.3-1

4.3.2 Relevant Plans, Policies, and Ordinances ...................................................................... 4.3-19

4.3.3 Thresholds of Significance .............................................................................................. 4.3-33

4.3.4 Impacts Analysis .............................................................................................................. 4.3-34

4.3.5 Conditions of Approval and Mitigation Measures .......................................................... 4.3-42

4.3.6 Significance Conclusion .................................................................................................. 4.3-44

4.3.7 Cumulative Effects ........................................................................................................... 4.3-45

4.3.8 References Cited ............................................................................................................. 4.3-45

4.4 Hydrology and Water Quality ........................................................................................................... 4.4-1

4.4.1 Existing Conditions............................................................................................................. 4.4-1

4.4.2 Relevant Plans, Policies, and Ordinances ........................................................................ 4.4-4

4.4.3 Thresholds of Significance ................................................................................................ 4.4-9

4.4.4 Impacts Analysis .............................................................................................................. 4.4-11

4.4.5 Mitigation Measures ........................................................................................................ 4.4-16

4.4.6 Significance Conclusion .................................................................................................. 4.4-16

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4.4.7 Cumulative Effects ........................................................................................................... 4.4-16

4.4.8 References Cited ............................................................................................................. 4.4-18

4.5 Land Use and Planning ................................................................................................................... 4.5-1

4.5.1 Existing Conditions............................................................................................................. 4.5-1

4.5.2 Relevant Plans, Policies, and Ordinances ........................................................................ 4.5-2

4.5.3 Thresholds of Significance .............................................................................................. 4.5-11

4.5.4 Impacts Analysis .............................................................................................................. 4.5-12

4.5.5 Mitigation Measures ........................................................................................................ 4.5-50

4.5.6 Significance Conclusion .................................................................................................. 4.5-50

4.5.7 Cumulative Effects ........................................................................................................... 4.5-50

4.5.8 References Cited ............................................................................................................. 4.5-51

4.6 Mineral Resources .......................................................................................................................... 4.6-1

4.6.1 Existing Conditions............................................................................................................. 4.6-1

4.6.2 Relevant Plans, Policies, and Ordinances ........................................................................ 4.6-1

4.6.3 Thresholds of Significance ................................................................................................ 4.6-2

4.6.4 Impacts Analysis ................................................................................................................ 4.6-3

4.6.5 Mitigation Measures .......................................................................................................... 4.6-3

4.6.6 Significance Conclusion .................................................................................................... 4.6-3

4.6.7 Cumulative Effects ............................................................................................................. 4.6-3

4.6.8 References Cited ............................................................................................................... 4.6-3

4.7 Noise ................................................................................................................................................ 4.7-1

4.7.1 Existing Conditions............................................................................................................. 4.7-1

4.7.2 Relevant Plans, Policies, and Ordinances ........................................................................ 4.7-5

4.7.3 Thresholds of Significance .............................................................................................. 4.7-10

4.7.4 Impacts Analysis .............................................................................................................. 4.7-10

4.7.5 Conditions of Approval and Mitigation Measures .......................................................... 4.7-14

4.7.6 Significance Conclusion .................................................................................................. 4.7-15

4.7.7 Cumulative Effects ........................................................................................................... 4.7-15

4.7.8 References Cited ............................................................................................................. 4.7-18

4.8 Population and Housing .................................................................................................................. 4.8-1

4.8.1 Existing Conditions............................................................................................................. 4.8-1

4.8.2 Relevant Plans, Policies, and Ordinances ........................................................................ 4.8-7

4.8.3 Thresholds of Significance .............................................................................................. 4.8-12

4.8.4 Impacts Analysis .............................................................................................................. 4.8-12

4.8.5 Mitigation Measures ........................................................................................................ 4.8-17

4.8.6 Significance Conclusion .................................................................................................. 4.8-18

4.8.7 Cumulative Effects ........................................................................................................... 4.8-18

4.8.8 References Cited ............................................................................................................. 4.8-18

4.9 Public Services ................................................................................................................................ 4.9-1

4.9.1 Existing Conditions............................................................................................................. 4.9-1

4.9.2 Relevant Plans, Policies, and Ordinances ...................................................................... 4.9-10

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4.9.3 Thresholds of Significance .............................................................................................. 4.9-16

4.9.4 Impacts Analysis .............................................................................................................. 4.9-17

4.9.5 Conditions of Approval and Mitigation Measures .......................................................... 4.9-21

4.9.6 Significance Conclusion .................................................................................................. 4.9-21

4.9.7 Cumulative Effects ........................................................................................................... 4.9-22

4.9.8 References Cited ............................................................................................................. 4.9-22

4.10 Recreation ...................................................................................................................................... 4.10-1

4.10.1 Existing Conditions........................................................................................................... 4.10-1

4.10.2 Relevant Plans, Policies, and Ordinances ...................................................................... 4.10-7

4.10.3 Thresholds of Significance .............................................................................................. 4.10-9

4.10.4 Impacts Analysis ........................................................................................................... 4.10-10

4.10.5 Mitigation Measures ..................................................................................................... 4.10-11

4.10.6 Significance Conclusion ............................................................................................... 4.10-11

4.10.7 Cumulative Effects ........................................................................................................ 4.10-11

4.10.8 References Cited .......................................................................................................... 4.10-11

4.11 Transportation ............................................................................................................................... 4.11-1

4.11.1 Existing Conditions........................................................................................................... 4.11-1

4.11.2 Relevant Plans, Policies, and Ordinances ...................................................................... 4.11-6

4.11.3 Methodology .................................................................................................................. 4.11-11

4.11.4 Thresholds of Significance ........................................................................................... 4.11-14

4.11.5 Impacts Analysis ........................................................................................................... 4.11-15

4.11.6 Mitigation Measures and Conditions of Approval ....................................................... 4.11-17

4.11.7 Significance Conclusion ............................................................................................... 4.11-17

4.11.8 Cumulative Effects ........................................................................................................ 4.11-17

4.11.9 References Cited .......................................................................................................... 4.11-18

4.12 Tribal Cultural Resources .............................................................................................................. 4.12-1

4.12.1 Existing Conditions........................................................................................................... 4.12-1

4.12.2 Background Research ..................................................................................................... 4.12-3

4.12.3 Relevant Plans, Policies, and Ordinances ................................................................... 4.12-11

4.12.4 Thresholds of Significance ........................................................................................... 4.12-15

4.12.5 Impacts Analysis ........................................................................................................... 4.12-16

4.12.6 Mitigation Measures ..................................................................................................... 4.12-17

4.12.7 Significance Conclusion ............................................................................................... 4.12-18

4.12.8 Cumulative Effects ........................................................................................................ 4.12-18

4.12.9 References Cited .......................................................................................................... 4.12-19

4.13 Utilities and Service Systems ........................................................................................................ 4.13-1

4.13.1 Existing Conditions........................................................................................................... 4.13-1

4.13.2 Relevant Plans, Policies, and Ordinances ...................................................................... 4.13-2

4.13.3 Thresholds of Significance .............................................................................................. 4.13-9

4.13.4 Impacts Analysis .............................................................................................................. 4.13-9

4.13.5 Mitigation Measures ..................................................................................................... 4.13-14

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4.13.6 Significance Conclusion ............................................................................................... 4.13-14

4.13.7 Cumulative Effects ........................................................................................................ 4.13-14

4.13.8 References Cited .......................................................................................................... 4.13-14

5.0 Other CEQA Considerations .......................................................................................................................... 5.0-1

5.1 Significant and Unavoidable Environmental Impacts ................................................................... 5.0-1

5.2 Significant and Irreversible Environmental Effects ....................................................................... 5.0-2

5.2.1 Large Commitment of Non-Renewable Resources .......................................................... 5.0-2

5.2.2 Commitment of Non-Renewable Resources .................................................................... 5.0-4

5.2.3 Irreversible Damage from Environmental Actions ........................................................... 5.0-4

5.2.4 Consumption of Resources Justified ................................................................................ 5.0-6

5.3 Growth Inducement ......................................................................................................................... 5.0-6

5.4 Potential Secondary Effects of Mitigation Measures .................................................................... 5.0-8

5.4.1 Air Quality ........................................................................................................................... 5.0-8

5.4.2 Hazards and Hazardous Materials ................................................................................... 5.0-9

5.4.3 Hydrology and Water Quality ........................................................................................... 5.0-10

5.4.4 Noise ................................................................................................................................. 5.0-10

5.4.5 Utilities and Service Systems .......................................................................................... 5.0-11

5.5 Effects Found Not to Be Significant ............................................................................................. 5.0-11

5.5.1 Aesthetics ......................................................................................................................... 5.0-11

5.5.2 Agriculture and Forestry Resources ................................................................................ 5.0-12

5.5.3 Air Quality (Odors) ............................................................................................................ 5.0-13

5.5.4 Biological Resources ....................................................................................................... 5.0-13

5.5.5 Cultural Resources .......................................................................................................... 5.0-14

5.5.6 Energy ............................................................................................................................... 5.0-15

5.5.7 Geology and Soils ............................................................................................................ 5.0-16

5.5.8 Hazards and Hazardous Materials (Hazardous Substances, Emergency Plans, Wildland Fires) ................................................................................... 5.0-18

5.5.9 Hydrology and Water Quality (Water Quality Standards) ............................................... 5.0-20

5.5.10 Land Use and Planning (Divide an Established Community) ........................................ 5.0-21

5.5.11 Noise (Within 2 Miles of a Private Airstrip or Airport) .................................................... 5.0-21

5.5.12 Population and Housing (Displacement) ........................................................................ 5.0-22

5.5.13 Recreation (Construction or Expansion of Facilities) ..................................................... 5.0-22

5.5.14 Transportation (Geometric Design Features, Emergency Access) ................................ 5.0-22

5.5.15 Utilities and Service Systems (Compliance with Solid Waste Management and Reduction Regulations) ................................................................................................... 5.0-23

5.5.16 Wildfire ............................................................................................................................. 5.0-23

5.6 References ..................................................................................................................................... 5.0-25 6 Alternatives .................................................................................................................................................... 6.0-1

6.1 Introduction...................................................................................................................................... 6.0-1

6.2 Project Objectives ............................................................................................................................ 6.0-1

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6.3 Summary of Environmental Impacts .............................................................................................. 6.0-2

6.4 Alternatives Considered But Rejected ........................................................................................... 6.0-3

6.4.1 Alternative Sites ................................................................................................................. 6.0-4

6.5 Alternatives Under Consideration ................................................................................................... 6.0-4

6.5.1 Alternative 1 – No Project / Buildout According to Adopted Plans ................................. 6.0-5

6.5.2 Alternative 2 – Reduced Sites Alternative...................................................................... 6.0-11

6.5.3 Alternative 3 – Reduced Density Alternative ................................................................. 6.0-18

6.6 Summary of Alternatives to the Project ....................................................................................... 6.0-24

6.7 Environmentally Superior Alternative ........................................................................................... 6.0-25

7.0 List of Preparers ............................................................................................................................................ 7.0-1

7.1 City of Fullerton ................................................................................................................................ 7.0-1

7.2 Dudek ............................................................................................................................................... 7.0-1

FIGURES
3-1 Regional Location ....................................................................................................................................... 3.0-21 3-2 Fullerton HIOZ Map ..................................................................................................................................... 3.0-23 3-3 The Fullerton Plan Focus Areas .................................................................................................................. 3.0-25 3-4 Zoning 3.0-27
3-5 General Plan Land Use Designations ........................................................................................................ 3.0-29

4.3-1 Cortese List Sites ...................................................................................................................................... 4.3-47

4.3-2 Non-Cortese List Sites .............................................................................................................................. 4.3-49

4.3-3 Hazardous Material Handling Sites ........................................................................................................ 4.3-51

4.3-4 Oil and Gas Features .................................................................................................................................. 4.3-53

4.3-5 Methane Mitigation Zones .......................................................................................................................... 4.3-55

4.3-6 Schools within 0.25 mile of the Proposed Project Area ........................................................................... 4.3-57

4.3-7 Airport Hazards ............................................................................................................................................ 4.3-59

4.4-1 FEMA Flood Zones ...................................................................................................................................... 4.4-21

4.11-1 OCTAM TAZ in Project Area ...................................................................................................................... 4.11-19

4.11-2 City of Fullerton Roadway Classification ................................................................................................. 4.11-21

4.11-3 Orange County Transit System Map ........................................................................................................ 4.11-23

4.11-4 Existing and Proposed Bikeways ............................................................................................................. 4.11-25 TABLES
1-1 Summary of Program Impacts ...................................................................................................................... 1.0-4 2-1 Notice of Preparation and Comment Letters Summary.............................................................................. 2.0-4 3-1 Existing Conditions per Zoning Designations .............................................................................................. 3.0-2 3-2 General Plan EIR Land Use Residential Density Summary ........................................................................ 3.0-7 3-3 General Plan Focus Area Residential Density Summary ............................................................................ 3.0-7

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FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 TOC-vii
3-4 Program-Related Housing Growth per Zone ................................................................................................ 3.0-9 3-5 Planning Area Growth Assumption per Land Use Type ............................................................................... 3.0-9

4.1-1 South Coast Air Basin Attainment Classification......................................................................................... 4.1-7

4.1-2 Program Site Air Quality Monitoring Summary 2019–2021 ...................................................................... 4.1-9

4.1-3 Ambient Air Quality Standards ................................................................................................................... 4.1-12

4.1-4 Construction Scenario Assumptions .......................................................................................................... 4.1-19

4.1-5 SCAQMD Air Quality Significance Thresholds ............................................................................................ 4.1-21

4.1-6 Estimated Maximum Daily Construction Criteria Air Pollutant Emissions ............................................... 4.1-25

4.1-7 Estimated Combined Construction and Operational Criteria Air Pollutant Emissions ............................ 4.1-27

4.2-1 Greenhouse Gas Emissions Sources in California ...................................................................................... 4.2-4

4.2-2 SCAG GHG Emissions by Sector Projected for 2020 .................................................................................. 4.2-4

4.2-3 Construction Scenario Assumptions .......................................................................................................... 4.2-23

4.2-4 Program Potential to Conflict with 2022 Scoping Plan Climate Change Policies and Measures .......... 4.2-28

4.2-5 Estimated Annual Construction Greenhouse Gas Emissions - Unmitigated ................................................ 4.2-32

4.2-6 Estimated Annual Operational Greenhouse Gas Emissions .................................................................... 4.2-33

4.3-1 Cortese List Sites .......................................................................................................................................... 4.3-3

4.3-2 Non-Cortese Online Database Listings ........................................................................................................ 4.3-7

4.3-3 Non-Cortese List Sites .................................................................................................................................. 4.3-9

4.3-4 Hazardous Material Handling Sites ........................................................................................................... 4.3-13

4.4-1 Dams with Potential Flood Risk to Fullerton ............................................................................................... 4.4-3

4.5-1 Connect SoCal Conflict Evaluation ............................................................................................................. 4.5-13

4.5-2 General Plan Conflict Evaluation ................................................................................................................ 4.5-17

4.7-1 Typical A-Weighted Noise Levels .................................................................................................................. 4.7-2

4.7-2 Land Use Compatibility for Community Noise Environments ..................................................................... 4.7-7

4.7-3 City of Fullerton Sound Level Limits ............................................................................................................. 4.7-9

4.8-1 SCAG Regional Population, Households, and Employment Forecasts ...................................................... 4.8-1

4.8-2 SCAG’s 6th Cycle Final RHNA Allocation ...................................................................................................... 4.8-2

4.8-3 City and County Population Estimates and Projections 2016–2045 ........................................................ 4.8-3

4.8-4 City and County Housing Estimates and Forecasts 2016–2045 .............................................................. 4.8-4

4.8-5 City and County Employment Estimates and Forecasts 2016–2045 ....................................................... 4.8-4

4.8-6 General Plan Buildout ................................................................................................................................... 4.8-5

4.8-7 Focus Areas Buildout .................................................................................................................................... 4.8-6

4.8-8 Planning Area Existing Employment............................................................................................................. 4.8-7

4.8-9 Program-Related Housing Projections ....................................................................................................... 4.8-13

4.8-10 Program-Related Employment Projections ................................................................................................ 4.8-13

4.8-11 General Plan Buildout and Growth Comparisons ...................................................................................... 4.8-15

4.8-12 Connect SoCal Buildout and Growth Comparisons ................................................................................... 4.8-15

4.9-1 Fullerton Fire Department Stations ............................................................................................................. 4.9-1

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4.9-2 Fullerton Public Schools ............................................................................................................................... 4.9-3

4.9-3 Fullerton Private Schools .............................................................................................................................. 4.9-4

4.9-4 Parks in the City of Fullerton ........................................................................................................................ 4.9-4

4.9-5 City of Fullerton Trails ................................................................................................................................... 4.9-8

4.9-6 Recreational Facilities in the City of Fullerton ............................................................................................. 4.9-9

4.10-1 Parks in the City of Fullerton ...................................................................................................................... 4.10-1

4.10-2 City of Fullerton Trails ................................................................................................................................. 4.10-5

4.10-3 Recreational Facilities in the City of Fullerton ........................................................................................... 4.10-6

4.11-1 Functional Roadway Classifications........................................................................................................... 4.11-2

4.11-2 Project Generated VMT – Baseline and Cumulative Conditions ........................................................... 4.11-14

4.11-3 Project Effect on VMT – Baseline and Cumulative Conditions .............................................................. 4.11-16

4.12-1 Previous Cultural Resource Studies Within or Immediately Adjacent to the Planning Area ................... 4.12-3

4.12-2 Previously Recorded Cultural Resources Intersecting the Planning Area .................................................. 4.12-6

4.12-3 Tribal Outreach Results for AB 52-Listed Contacts ................................................................................... 4.12-8

4.12-4 Tribal Outreach Results for SB 18-Listed Contacts .................................................................................. 4.12-9 6-1 Summary of Environmental Impacts ............................................................................................................ 6.0-2 6-2 Alternative 1 Buildout Projections ................................................................................................................ 6.0-6 6-3 Alternative 1 Compared with Program Growth ............................................................................................ 6.0-6 6-4 Summary of Alternative 1 Success at Meeting Objectives ....................................................................... 6.0-11 6-5 Alternative 2 Removed Parcels .................................................................................................................. 6.0-11 6-6 Alternative 2 Growth Compared to Program ............................................................................................. 6.0-12 6-7 Summary of Alternative 2 Success at Meeting Objectives ....................................................................... 6.0-17 6-8 Alternative 3 Compared with Program Growth .......................................................................................... 6.0-19 6-9 Summary of Alternative 3 Success at Meeting Objectives ....................................................................... 6.0-23 6-10 Comparison of Project and Alternatives Impacts ...................................................................................... 6.0-24 6-11 Alternatives Comparison for Project Objectives ........................................................................................ 6.0-24

APPENDICES
A Initial Study/Notice of Preparation/Scoping
B HIOZ Site Inventory
C Air Quality
D Public Services Letters
E VMT Analysis
F Tribal Consultation Records
G Alternatives Housing Inventory

FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 ACR-i
Acronyms and Abbreviations
Acronym/Abbreviation Definition
A/C air conditioning
AB Assembly Bill
ACC Advanced Clean Cars
ACM asbestos-containing material
ACT Advanced Clean Trucks
ADL aerially deposited lead
ADU accessory dwelling unit
AELUP Airport Environs Land Use Plan
AF acre-feet
AL Action Level
ALS Advanced Life Support
ALUC Airport Land Use Commission
amsl above mean sea level
APSA Aboveground Petroleum Storage Act
AQMP air quality management plan
BMP best management practice
CAAQS California Ambient Air Quality Standards
CAC Certified Asbestos Consultant
CAL FIRE California Department of Forestry and Fire Protection CalARP California Accidental Release Prevention
CalEEMod California Emissions Estimator Model
CalEnviroScreen California Communities Environmental Health Screening Tool CalEPA California Environmental Protection Agency
CalGEM California Geologic Energy Management Division
CALGreen California Green Building Standards
Cal/OSHA California Occupational Safety and Health Administration CalRecycle California Department of Resources Recycling and Recovery Caltrans California Department of Transportation
CAP Climate Action Plan
CARB California Air Resources Board
CCR California Code of Regulations
CEC California Energy Commission
CEQA California Environmental Quality Act
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFR Code of Federal Regulations
cfs cubic feet per second
CGS California Geological Survey
CH4 methane
CHP California Highway Patrol
CHRIS California Historical Research Information System

ACRONYMS AND ABBREVIATIONS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 ACR-ii
Acronym/Abbreviation Definition
CIP Capital Improvements Program
City City of Fullerton
CIWQS California Integrated Water Quality System
CNEL Community Noise Equivalent Level
CNRA California Natural Resources Agency
CO carbon monoxide
CO2 carbon dioxide
CO2e carbon dioxide equivalent
COA condition of approval
County County of Orange
CPUC California Public Utilities Commission
CREC controlled recognized environmental condition
CUPA Certified Unified Program Agency
CWA Clean Water Act
DAMP Drainage Area Management Plan
dB decibel
dBA A-weighted decibel
DHS Department of Health Services
DOF California Department of Finance
DOSH Department of Occupational Safety and Health
DOT U.S. Department of Transportation
DPM diesel particulate matter
DTSC Department of Toxic Substances Control
DTSC-SL Department of Toxic Substances Control-modified screening level du/ac dwelling units per acre
DWR California Department of Water Resources
EDD California Employment Development Department
EERP Enforcement and Emergency Response Program
EIR Environmental Impact Report
EO Executive Order
EOP Emergency Operations Plan
EPA U.S. Environmental Protect Agency
EPCRA Emergency Planning and Community Right-to-Know Act ESA Environmental Site Assessment
ESL Environmental Screening Level
EV electric vehicle
FAA Federal Aviation Administration
FAR floor area ratio
FEMA Federal Emergency Management Agency
FFD Fullerton Fire Department
FHWA Federal Highway Administration
FIRM Flood Insurance Rate Map
FJUHSD Fullerton Joint Union High School District

ACRONYMS AND ABBREVIATIONS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 ACR-iii
Acronym/Abbreviation Definition
FMA Fullerton Municipal Airport
FMC Fullerton Municipal Code
FPD Fullerton Police Department
FPEIR Fullerton 2012 General Plan Program Environmental Impact Report FTC Fullerton Transportation Center
GHG greenhouse gas
GSP Groundwater Sustainability Plan
GWP global warming potential
HAP hazardous air pollutant
HCD California Department of Housing and Community Development HCM Highway Capacity Manual
HCP Habitat Conservation Plan
HERO Human and Ecological Risk Office
HEU Housing Element Update
HFC hydrofluorocarbon
HHRA Human Health Risk Assessment
HI hazard index
HIA health impact assessment
HIOZ Housing Incentive Overlay Zone
HMBP Hazardous Materials Business Plan
HMIS Hazardous Material Inventory Statements
HMMP Hazardous Material Management Plan
HPI Healthy Places Index
HPLV high-pressure-low-volume
HSC California Health and Safety Code
HVAC heating, ventilation, and air conditioning
Hz Hertz
I Interstate
IATA International Air Transport Association
IFC International Fire Code
IPCC Intergovernmental Panel on Climate Change
ips inches per second
ITE Institute of Transportation Engineers
kHz kilohertz
LBP lead-based paint
LCD liquid crystal display
LCFS Low Carbon Fuel Standard
Ldn day–night level
Leq equivalent sound level
Leq[h] 1-hour A-weighted equivalent sound level
LEV low-emission vehicle
LHMP Local Hazard Mitigation Plan
LID Low Impact Development

ACRONYMS AND ABBREVIATIONS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 ACR-iv
Acronym/Abbreviation Definition
Lmax maximum sound level
LOS level of service
LRA local responsibility area
LST localized significance threshold
LUST leaking underground storage tank
Lxx percentile-exceeded sound level
MATES V Multiple Air Toxics Exposure Study V
MBTA Migratory Bird Treaty Act
MERV Minimum Efficiency Reporting Value
MG million gallons
mgd million gallons per day
MLD Most Likely Descendant
mPa Micro-Pascal
mpg miles per gallon
MPH miles per hour
MPO metropolitan planning organization
MM Mitigation Measure
MRZ Mineral Resource Zone
MS4 Municipal Separate Storm Sewer System
MT metric ton
MWD Metropolitan Water District of Southern California
N2O nitrous oxide
NAAQS National Ambient Air Quality Standards
NAHC Native American Heritage Commission
NCCP Natural Community Conservation Plan
NESHAP National Emission Standards for Hazardous Air Pollutants NF3 nitrogen trifluoride
NFIP National Flood Insurance Program
NFPA National Fire Protection Association
NHTSA National Highway Traffic Safety Administration
NPMS National Pipeline Mapping System
NOP Notice of Preparation
NO nitric oxide
NO2 nitrogen dioxide
NOx oxides of nitrogen
NPDES National Pollutant Discharge Elimination System
NWL natural and working land
O3 ozone
OCFA Orange County Fire Authority
OCFCD Orange County Flood Control District
OCSD Orange County Sanitation District
OCTA Orange County Transportation Authority
OCTAM Orange County Transportation Analysis Model

ACRONYMS AND ABBREVIATIONS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 ACR-v
Acronym/Abbreviation Definition
OCWD Orange County Water District
OEHHA Office of Environmental Health Hazard Assessment ( OES California Office of Emergency Services
OPR Office of Planning and Research
PCB polychlorinated biphenyl
PCR California Public Resources Code
PEIR Program Environmental Impact Report
PEL Permissible Exposure Level
PFC perfluorocarbon
PHSMA Pipeline and Hazardous Materials Safety Administration PM particulate matter
PM10 particles less than or equal to 10 microns in diameter PM2.5 particles less than or equal to 2.5 microns in diameter Porter-Cologne Act California Porter-Cologne Water Quality Control Act POTW publicly owned treatment work
PPV peak particle velocity
PRC Public Resources Code
Program Housing Incentive Overlay Zone Project
Project Housing Incentive Overlay Zone Project
PV photovoltaic
RCRA Resource Conservation and Recovery Act
REC recognized environmental condition
RHNA Regional Housing Needs Allocation
RMS Root-mean square
RPS Renewable Portfolio Standard
RSL regional screening level
RTP Regional Transportation Plan
RWQCB Regional Water Quality Control Board
SB Senate Bill
SCAB South Coast Air Basin
SCAG Southern California Association of Governments
SCAQMD South Coast Air Quality Management District
SCCIC South Central Coastal Information Center
SCE Southern California Edison
SCS Sustainable Communities Strategy
SED socio-economic data
SEMS Standardized Emergency Management System
SF6 sulfur hexafluoride
SGMA Sustainable Groundwater Management Act
SJVAPCD San Joaquin Valley Air Pollution Control District SLCP short-lived climate pollutant
SLF Sacred Lands File
SMARA Surface Mining and Reclamation Act

ACRONYMS AND ABBREVIATIONS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 ACR-vi
Acronym/Abbreviation Definition
SO2 sulfur dioxide
SoCalGas Southern California Gas Company
SOx sulfur oxides
SPD Specific Plan District
SPL sound pressure level
SR State Route
SRA Source Receptor Area
SRA State Responsibility Area
STIP California 2010 Statewide Transportation Improvement Program SWP State Water Project
SWPPP stormwater pollution prevention plan
SWRCB State Water Resources Control Board
TAC toxic air contaminant
TAPP Transportation Assessment Policies and Procedures
TAZ traffic analysis zone
TCAC California Tax Credit Allocation Committee
TCR tribal cultural resource
TISG Caltrans Draft Transportation Impact Study Guide
TMDL total maximum daily load
TRU transport refrigeration unit
TSCA Toxic Substances Control Act
USACE U.S. Army Corps of Engineers
UST underground storage tank
UWMP urban water management plan
VEC vapor encroachment condition
VHFHSZ Very High Fire Hazard Severity Zone
VMT vehicle miles traveled
VOC volatile organic compound
WQMP water quality management plan
ZEV zero-emission vehicle

FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 1.0-1

1.0 Executive Summary
The purpose of the Executive Summary for this Program Environmental Impact Report (Program EIR or PEIR) is to provide a brief summary of the proposed Housing Incentive Overlay Zone (HIOZ) Program (Program), its environmental consequences, mitigation measur es, and alternatives to the Program. Per the requirements of Section 15123 of the State California Environmental Quality Act (CEQA) Guidelines, a summary shall identify:
(1) Each significant effect with proposed mitigation measures and alternatives that would reduce or avoid that effect (see Section 1.4 and 1.6);
(2) Areas of controversy known to the Lead Agency including issues raised by agencies and the public (see Section 1.5)
(3) Issues to be resolved including the choice among alternatives and whether or how to mitigate significant effects (see Section 1.5)

1.1 Introduction
This Program EIR has been prepared by the City of Fullerton (City) to evaluate potential environmental effects that would result from implementation of the proposed Program. This PEIR has been prepared in conformance with the California Environmental Quality Act of 1970 (CEQA) statutes (California Public Resources Code Section 2100 et seq., as amended) and its implementing guidelines (California Code of Regulations Title 14, Section 15000 et seq.).

The proposed Program constitutes a “project” as defined in the CEQA Guidelines Section 15378 . Pursuant to Section 15367 of the State CEQA Guidelines, the City is the lead agency for the Program.

The proposed Program would establish the Housing Incentive Overlay Zone (HIOZ), which is intended to guide residential growth and development within the City. The 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 . While no direct development is proposed as part of the Program, implementation of the Program’s proposed land -use changes and amendments to the Fullerton Municipal Code would accommodate future development and redevelopment of previously developed areas, as summarized below in Section ES.3 , and discussed in further detail in Chapter 3, Project Description, and Appendix B, HIOZ Site Inventory, of this PEIR.

CEQA requires the preparation of an environmental impact report (EIR) for any project that a lead agency determines may have a significant impact on the environment. CEQA also establishes mechanisms whereby the public and decision makers can be informed ab out the nature of the project being proposed and the extent and types of impacts that the project and its alternatives would have on the environment if they were to be implemented.

The basic purposes of CEQA are as follows (CEQA Guidelines Section 15002):

1. Inform governmental decision makers and the public about the potential, significant environmental effects of proposed activities;

2. Identify the ways that impacts to the environment can be avoided or significantly reduced;

1.0 – EXECUTIVE SUMMARY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 1.0-2

3. Prevent significant, avoidable impacts to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the governmental agency finds the changes to be feasible; and

4. Disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose if significant environmental effects are involved.

1.2 Project Description
State CEQA Guidelines Section 15124(b) requires an EIR to include a statement of objectives sought by the project, including the underlying purpose of the Program. The following Project Objectives have been established and will aid decision-makers in their review of the Program, the Program alternatives, and associated environmental impacts:

1. Incorporate land use and zoning changes to increase residential capacity within the City to meet Regional Housing Needs Allocation goals, including affordable housing.

2. 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.

3. Identify sites that are most likely to be redeveloped given their current underutilization of land.

4. Discourage development within known local hazard zones.

5. 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.

The Program would establish the HIOZ, which is intended to guide residential growth and development within the City (i.e. the Planning Area). As a component of the General Plan under the City’s Housing Element Update (HEU), the HIOZ Program would help achieve a shared vision for the Planning Area by providing a planning framework for the City, the development community, business owners, and residents that would shape the growth of the Planning Area, and thus, the City, through horizon year 20 29. The HIOZ Program would serve several important roles, including: (1) setting direction for City Administration, Staff, and elected and appointed officials regarding the long- range land use needs of those who work, live, and play in the Planning Area; (2) informing community members, community-based organizations, business owners, developers, designers, and builders of the C ity’s plans for the future and development priorities; and (3) communicating the agreed upon future form of the Planning Area communities to ensure accountability of decision-makers in achieving the goals of HIOZ Program.

In addition to providing a framework for growth within the Planning Area, the HIOZ Program also addresses land use policy issues that are specific to the Planning Area. The Planning Area is currently subject to the goals and policies of the City’s General Plan and Municipal Code. The Program would amend the General Plan to allow for residential land uses within and adjacent to areas in the Planning Area that do not currently allow residential uses and would amend the Municipal Code to revise Citywide Development Standards for multi-family and mixed-use zoning designations to address land use concerns and issues. The Program would implement land use and zoning recommendations from the recently approved HEU and proposes new zoning changes to facilitate additional housing and commercial uses and to ensure consistency between zoning and land use designations.

Future development and redevelopment in the Planning Area is expected to occur as a result of implementation of the proposed Program through land use designation and zoning changes to accommodate future housing growth to meet the City’s RHNA allocation. According to the City’s HEU, the City does not contain sufficient sites with

1.0 – EXECUTIVE SUMMARY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 1.0-3
appropriate zoning to accommodate the RHNA allocation. As such, the City identified the proposed Program as one policy action to help facilitate housing production in order to meet the City’s RHNA requirements. The 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 specified percentage of deed -restricted affordable housing units. The Planning Area is comprised of 759 parcels across the City, totaling 593 acres. 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. Implementation of the Program could theoretically result in a buildout potential of 35,611 units.

The Program is considered and analyzed programmatically, as a whole, in this PEIR. The Program is anticipated to increase the population by approximately 103,682 people, and while the Program would result in 4,979 employees, Program implementation , specifically, the proposed redevelopment of existing developed parcels under the Program, would result in a net loss of 6,160 jobs overall.

A list of the parcels selected under the proposed Program , which includes existing and proposed land use designations/zoning, is included as Appendix B, HIOZ Site Inventory, of this PEIR. The methodology used to analyze parcels for inclusion or exclusion under the Program are summarized in Section 3. 5.1 of Chapter 3, Project Description and discussed in detail in Appendix B, HIOZ Site Inventory, of this PEIR.

In addition, the Program proposes revisions to the City’s General Plan, Citywide Development Standards, and the Municipal Code.

1.3 Summary of Environmental Impacts and
Mitigation Measures
Table 1 -1, Summary of Program Impacts, provides a summary of the impact analysis related to the Program.

Table 1-1 identifies a summary of the significant environmental impacts resulting from the Program pursuant to State CEQA Guidelines Section 15123(b)(1). For a more detailed discussion, please see Chapter 4, Environmental Impact Analysis, of this PEIR. Table 1-1 lists the applicable mitigation measures related to potentially significant impacts, as well as the level of significance after mitigation.

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FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 1.0-4
Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation

4.1 Air Quality
AQ-1. Would the Program conflict with or
obstruct implementation of the applicable air
quality plan?
Potentially Significant MM-AQ-1. Construction Emissions. If during subsequent project-level environmental review,
construction-related criteria air pollutants are
determined to have the potential to exceed
SCAQMD’s construction mass daily thresholds, the
City shall require applicants for new projects that
exceed those thresholds to incorporate appropriate
measures to reduce or minimize air pollutant
emissions during construction activities. New
projects are required to comply with all applicable
SCAQMD rules and regulations, including but not
limited to Rule 403 (Fugitive Dust), Rule 1113
(Architectural Coatings), and Rule 1403 (Asbestos
Emissions from Demolition/Renovation Activities).

Additional measures for projects that exceed
SCAQMD’s construction mass daily thresholds may
include, but are not limited to, the following:
▪ Off-Road construction equipment with engines
that are 50 horsepower or greater shall be rated
by the USEPA as having Tier 4 emission limits or
better (whichever is the cleanest technology
available at time of project development). If it
can be demonstrated to the City that such
equipment is not commercially available or
feasible, alternate emissions control devices
and/or techniques used by the contractor shall
achieve emissions reductions that are no less
than what could be achieved by a Level 4 diesel
emissions control strategy for a similarly sized
engine, as defined by the California Air
Resources Board’s regulations.

Significant and
Unavoidable

1.0 – EXECUTIVE SUMMARY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 1.0-5
Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
▪ Use electric or alternative-fueled (i.e., non-
diesel) construction equipment, if available and
feasible, including but not limited to,
concrete/industrial saws, pumps, aerial lifts,
material hoist, air compressors, forklifts,
excavator, wheel loader, and soil compactors.
▪ Maintain records of all trucks associated with
project construction activities to document that
each truck used meets the required emission
standards. The Applicant shall provide records
for inspection within five business days of
request by CARB, SCAQMD, or the City.
▪ Provide electric vehicle (EV) charging stations or
appropriately sized electrical infrastructure and
electrical panels. Electrical hookups should be
provided for trucks to plug in any onboard
auxiliary equipment.
▪ Provide temporary traffic controls such as a flag
person, during all phases of significant
construction activity to maintain smooth traffic
flow, where necessary.
▪ Provide dedicated turn lanes for the movement
of construction trucks and equipment on- and
off-site, where applicable.
▪ Ensure vehicle traffic inside the project site is as
far away as feasible from sensitive receptors.
▪ Reduce traffic speeds on all unpaved roads to
15 miles per hour (mph) or less.
▪ Suspend all excavating and grading operations
when wind speeds (as instantaneous gusts)
exceed 25 mph.
▪ Suspend use of all construction activities that
generate air pollutant emissions during first
stage smog alerts.

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FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 1.0-6
Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
▪ Configure construction parking to minimize
traffic interference.
▪ Cover all trucks hauling dirt, sand, soil, or other
loose materials.
▪ Install wheel washers where vehicles enter and
exit the construction site onto paved roads or
wash off trucks and any equipment leaving the
site for each trip.
▪ Apply non-toxic soil stabilizers according to
manufacturers’ specifications to all inactive
construction areas (previously graded areas
inactive for ten days or more).
▪ Replace ground cover in disturbed areas as
quickly as possible to minimize dust.
▪ Pave roads and road shoulders, where
applicable.
▪ Sweep streets at the end of the day with
SCAQMD Rule 1186 and 1186.1 compliant
sweepers if visible soil is carried onto adjacent
public paved roads (recommend water sweepers
that utilize reclaimed water).
▪ Utilize only super-compliant volatile organic
compound (VOC) paints for architectural
coatings (0 grams per liter to less than 10 grams
per liter VOC) during construction activities. If
paints and coatings with VOC content of 0
grams/liter to less than 10 grams/liter cannot
be utilized, the application of architectural
coatings shall be prohibited during the peak
smog season: July, August, and September.

Prior to the issuance of a grading permit, the
applicant shall provide the City with the construction
contractor’s inclusion of all required measures on

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FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 1.0-7
Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
applicable construction plans, including grading
and/or building plans.

MM-AQ-2. Operational Emissions. If, during
subsequent project-level environmental review,
operation-related criteria air pollutants are
determined to have the potential to exceed
SCAQMD’s operation mass daily thresholds, the City
shall require applicants for new projects that exceed
those thresholds to incorporate appropriate
measures to reduce or minimize air pollutant
emissions during operational activities. New projects
facilitated by the Fullerton Housing Incentive Overlay
Zone are required to comply with all applicable
SCAQMD rules and regulations, including but not
limited to Rule 445 (Wood Burning Devices), Rule
1401 (New Source of Toxic Air Contaminants), and
Rule 1110.2 (Emissions from Gaseous- and Liquid-
Fueled Engines)Additional measures for projects
that exceed SCAQMD’s operation mass daily
thresholds may include, but are not limited to, the
following:
▪ All the Program’s buildings shall be powered
fully by electricity, with no natural gas
infrastructure or appliances, including no
fireplaces. Prior to the issuance of building
permits, the Program Applicant or its designee
shall provide evidence to the City that the
building design plans include no natural gas
infrastructure.
▪ Install Energy Star rated heating, cooling,
lighting, and appliances.

1.0 – EXECUTIVE SUMMARY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 1.0-8
Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
▪ Require the use of Heating, Ventilation and Air
Conditioning (HVAC) equipment with a Seasonal
Energy Efficiency Ratio (SEER) of 12 or higher.
▪ Install of water heaters with an energy factor of

0.92 or higher.
▪ Install solar water heaters or tank-less water
heaters.
▪ Use passive solar cooling/heating.
▪ Designate 10% of parking spaces to be for
electric and alternative fuel vehicles.
▪ Install Level 2 electric vehicle charging stations
in 6% of all parking spaces.
▪ Super-Compliant volatile organic compound
(VOC)-content architectural coatings (0 grams
per liter to less than 10 grams per liter VOC)
shall be used during operational application of
paints and other architectural coatings to reduce
ozone precursors for future development
projects. If paints and coatings with VOC content
of 0 grams/liter to less than 10 grams/liter
cannot be utilized, the developer shall avoid
application of architectural coatings during the
peak smog season: July, August, and
September.
▪ The City shall develop and implement a Low-
VOC/Green Cleaning Product and Paint
education program, including materials
educating how to identify low-VOC cleaners and
products, that can be provided to applicants,
developers, tenants, and residents of
development projects associated with the
Program.

1.0 – EXECUTIVE SUMMARY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 1.0-9
Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
▪ At the time of discretionary approval of new
sources of TAC emissions in close proximity to
existing sensitive land uses, the City shall
require development projects to implement
applicable best management practices, as
necessary and feasible, that will reduce
exposure to TACs. Specific reduction measures
will be evaluated and determined depending on
proposed land use TAC sources and feasibility.

Prior to the issuance of a Certificate of Occupancy,
the applicant shall provide the City with appropriate
documentation verifying compliance with the
required measures.

MM-AQ-3. Revised Forecast. Prior to SCAG’s next
update to the Regional Housing Needs Assessment,
the City shall prepare a revised population,
employment and housing forecast for SCAG that
reflects anticipated growth generated from the
proposed Program. The updated forecast provided to
SCAG shall be used to inform the SCAQMD’s update
to the Regional Air Quality Strategy and State
Implementation Plan. The City shall prepare and
submit a letter notifying the SCAQMD of this revised
forecast for use in the future update to the RAQS
and SIP as required.

1.0 – EXECUTIVE SUMMARY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 1.0-10
Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
AQ-3. Would the Program expose sensitive
receptors to substantial pollutant
concentrations?
Potentially Significant MM-AQ-1 and MM-AQ-2 Significant and Unavoidable
Would the Program have a cumulative effect
on air quality resources?
Potentially Significant MM-AQ-1 through MM-AQ-3 Significant and Unavoidable

4.2 Greenhouse Gas Emissions
GHG-1. Would the Program generate
greenhouse gas emissions, either directly or
indirectly, that may have a significant impact
on the environment?
Less Than Significant N/A Less Than Significant
GHG-2. Would the Program conflict with an
applicable plan, policy or regulation adopted
for the purpose of reducing the emissions of
greenhouse gases?
Less Than Significant N/A Less Than Significant
Would the Program have a cumulative effect
on greenhouse gas emissions?
Less Than Significant N/A Less Than Significant

4.3 Hazards and Hazardous Materials
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?
Potentially Significant 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.

Less Than Significant
Impact

1.0 – EXECUTIVE SUMMARY
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Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
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

1.0 – EXECUTIVE SUMMARY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 1.0-12
Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
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, treatment, or disposal provisions
associated with aerially deposited lead may be
included in construction documents (if aerially
deposited lead is present).

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 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,

1.0 – EXECUTIVE SUMMARY
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Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
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
ground-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

1.0 – EXECUTIVE SUMMARY
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Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
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).

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

1.0 – EXECUTIVE SUMMARY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 1.0-15
Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
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).

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?
Potentially Significant COA-HAZ-1 and COA-HAZ-2
MM-HAZ-3 through MM-HAZ-5
Less Than Significant
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?
Potentially Significant COA-HAZ-1 and COA-HAZ-2
MM-HAZ-3 and MM-HAZ-4
Less Than Significant
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?
Less Than Significant N/A Less Than Significant
Would the Program have a cumulative effect
on hazards or hazardous materials?
Potentially Significant COA-HAZ-1 through COA-HAZ-4
MM-HAZ-1 through MM-HAZ-5
Less Than Significant

4.4 Hydrology and Water Quality
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?
Less Than Significant N/A Less Than Significant
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:

1.0 – EXECUTIVE SUMMARY
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Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
Result in substantial erosion or
siltation on or off site;
Less Than Significant COA-HYD-1. Prior to issuance of any Grading or Building Permit, and as part of the future
development’s compliance with the NPDES
requirements, a Notice of Intent shall be prepared
and submitted to the Santa Ana RWQCB providing
notification and intent to comply with the State of
California General Construction Permit. Also, a
Stormwater Pollution Prevention Plan (SWPPP) shall
be reviewed and approved by the Director of
Engineering for water quality construction activities
on-site. A copy of the SWPPP shall be available and
implemented at the construction site at all times.

The SWPPP shall outline the source control and/or
treatment control BMPs to avoid or mitigate runoff
pollutants at the construction site to the “maximum
extent practicable.” All recommendations in the Plan
shall be implemented during area preparation,
grading, and construction. The project applicant
shall comply with each of the and/or treatment
control BMPs to avoid or mitigate runoff pollutants at
the construction site to the “maximum extent
practicable.” All recommendations in the Plan shall
be implemented during area preparation, grading,
and construction. The project applicant shall comply
with each of the recommendations detailed in the
Study, and other such measure(s) as the City deems
necessary to mitigate potential stormwater runoff
impacts.

COA-HYD-2. Prior to issuance of any Grading Permit,
future development projects shall prepare, to the
satisfaction of the Director of Engineering, a Water
Quality Management Plan or Stormwater Mitigation
Plan, which includes Best Management Practices
(BMPs), in accordance with the Orange County
Less Than Significant

1.0 – EXECUTIVE SUMMARY
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Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
DAMP. All recommendations in the Plan shall be
implemented during post construction/operation
phase. The project applicant shall comply with each
of the recommendations detailed in the Study, and
other such measure(s) as the City deems necessary
to mitigate potential water quality impacts.

Substantially increase the rate or
amount of surface runoff in a
manner which would result in
flooding on or off site;
Less Than Significant COA-HYD-3. Prior to site plan approval, the project owner/developer(s) shall be required to coordinate
with the City of Fullerton Engineering Department to
determine requirements necessary to mitigate
impacts to drainage improvements in order to
accommodate storage volumes and flood protection
for existing and future runoff. Proposed projects
shall implement mitigation measures, if required, to
the satisfaction of the City of Fullerton Public Works
Director. For any new storm drainage
projects/studies that have the potential to impact
adjacent jurisdictions’ storm drainage systems, the
developer shall submit said studies to the applicable
jurisdiction for review and approval.

Less Than Significant
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
Less Than Significant COA-HYD-3. Less Than Significant Impede or redirect flood flows? Less Than Significant N/A Less Than Significant HYD-3. In flood hazard, tsunami, or seiche
zones, would the Program risk release of
pollutants due to Program inundation?
Less Than Significant N/A Less Than Significant
HYD-4. Would the Program conflict with or
obstruct implementation of a water quality
control plan or sustainable groundwater
management plan?
Less Than Significant N/A Less Than Significant

1.0 – EXECUTIVE SUMMARY
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Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
Would the Program have a cumulative effect
on hydrology or water quality resources?
Less Than Significant N/A Less Than Significant

4.5 Land Use and Planning
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?
Potentially Significant MM-AQ-1 through MM-AQ-3
MM-HAZ-1 through MM-HAZ-5
Less Than Significant
Would the Program have a cumulative effect
on land use?
Less Than Significant N/A N/A

4.6 Mineral Resources
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?
No Impact N/A N/A
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?
No Impact N/A N/A
Would the project have a cumulative effect
on mineral resources?
No Impact N/A N/A

4.7 Noise
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 Program established in the local
general plan or noise ordinance, or
applicable standards of other agencies?
Less Than Significant 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.

N/A

1.0 – EXECUTIVE SUMMARY
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Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
▪ 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).

1.0 – EXECUTIVE SUMMARY
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Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
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, which
shall be reviewed by the City prior to issuance of a
grading permit.

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.

NOI-2. Would the Program result in
generation of excessive groundborne
vibration or groundborne noise levels?
Less Than Significant 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.

N/A

1.0 – EXECUTIVE SUMMARY
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Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
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.

1.0 – EXECUTIVE SUMMARY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 1.0-22
Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
Would the Program have a cumulative effect
on noise resources?
Potentially Significant COA-N-1 through COA-N-6 Significant and Unavoidable

4.8 Population and Housing
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)?
Potentially Significant No feasible mitigation measures. Significant and Unavoidable
Would the Program have a cumulative effect
on housing and/or population?
Potentially Significant No feasible mitigation measures. Significant and Unavoidable

4.9 Public Services
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:

Fire protection? Less Than Significant N/A N/A
Police protection? Less Than Significant N/A N/A
Schools? Less Than Significant 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.

N/A
Parks? Less Than Significant N/A N/A
Other public facilities? Less Than Significant N/A N/A
Would the Program have a cumulative effect
on public services resources?
Less Than Significant COA-PUB-1. N/A

1.0 – EXECUTIVE SUMMARY
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Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation

4.10 Recreation
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?
Less Than Significant N/A N/A
Would the Program have a cumulative effect
on recreation resources?
Less Than Significant N/A N/A

4.11 Transportation
TRA-1. Would the Program conflict with a
program, plan, ordinance, or policy
addressing the circulation system, including
transit, roadway, bicycle, and pedestrian
facilities?
Less Than Significant COA-TR-1. Prior to approval of any General Plan Amendment and/or Zone Change associated with
the focused planning efforts for The Fullerton Plan
Focus Areas, the City and/or project proponent shall
prepare a detailed multi-modal analysis in order to
determine specific impacts associated with the
proposed General Plan Amendment and/or Zone
Change, and where applicable, identify mitigation
measures to reduce impacts to less than significant
levels based on City adopted multi-modal thresholds.

The multi-modal analysis shall specify the timing,
funding, construction, and fair share responsibilities
for all traffic improvements necessary to maintain
satisfactory levels of service within the City of
Fullerton and surrounding jurisdictions, in
accordance with the significant impact criteria
established by the jurisdiction that controls the
affected area.

N/A
TRA-2. Would the Program conflict or be
inconsistent with CEQA Guidelines section
15064.3, subdivision (b)?
Less Than Significant N/A N/A
Would the Program have a cumulative effect
on transportation resources?
Less Than Significant COA-TR-1. N/A

1.0 – EXECUTIVE SUMMARY
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 1.0-24
Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation

4.12 Tribal Cultural Resources
TCR-1. Would the Program cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in Public
Resources Code section 5020.1(k)?
Potentially Significant MM-TCR-1. Tribal Cultural Resources. During subsequent project-level environmental review, the
City shall obtain a State of California Native
American Heritage Commission (NAHC) Sacred Land
Files Search, as appropriate, and comply with all
applicable requirements of AB 52. Pursuant to AB
52, the City shall provide formal notification of the
project to designated contact of each traditionally
and culturally affiliated California Native American
Tribe that has requested notice. The City shall begin
the consultation process within 30 days after
receiving a Tribe’s request for consultation. The City
shall consider all relevant information available for
the property to identify potential tribal cultural
resources in the project area, evaluate the project’s
potential impacts to tribal cultural resources, and
mitigate those potential impacts.

If project impacts to tribal cultural resources are
determined to be potentially significant, the City
shall require the project to incorporate appropriate
measures to avoid or minimize impacts to tribal
cultural resources, including but not limited to, the
measures recommended in Public Resources Code
Section 21084.3, tribal monitoring, or other
alternative measures identified in consultation with
the California Native American Tribe.

If any cultural resources (archaeological, historical,
paleontological) are identified in the preparation of a Phase I Cultural Resources Study (see COA-CR-1) or
Significant and
Unavoidable

1.0 – EXECUTIVE SUMMARY
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Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
are inadvertently unearthed during excavation and
grading activities (see COA-CR-3), the City shall
consult and coordinate with a Native American Tribal
monitor who is traditionally or culturally affiliated
with the geographic area of the development project
that will help analyze the Native American artifacts
for identification and to evaluate and mitigate
impacts in accordance with the requirements set
forth in COA-CR-1 through COA-CR-4.
b) A resource determined by the lead
agency, in its discretion and supported
by substantial evidence, to be significant
pursuant to criteria set forth in
subdivision (c) of Public Resources Code
Section 5024.1. In applying the criteria
set forth in subdivision (c) of Public
Resource Code Section 5024.1, the lead
agency shall consider the significance of
the resource to a California Native
American tribe?
Potentially Significant MM-TCR-1. Significant and
Unavoidable
Would the Program have a cumulative effect
on tribal cultural resources?
Potentially Significant MM-TCR-1. Significant and
Unavoidable

4.13 Utilities and Service Systems
UTL-1. Would the Program require or result in
the relocation or construction of new or
expanded water, wastewater treatment, or
storm water drainage, electric power, natural
gas, or telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
Less Than Significant COA-WW-1. Prior to issuance of a building permit for any future development project, the Project
Applicant shall prepare an engineering study to
support the adequacy of the sewer systems and
submit the engineering study to the City of Fullerton
for review and approval. Any improvements
recommended in the engineering study shall be
installed prior to the certificate of occupancy for the development project. For any sewer projects/studies
that have the potential to impact adjacent
N/A

1.0 – EXECUTIVE SUMMARY
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Table 1-1. Summary of Program Impacts
Environmental Topic Impact? Mitigation Measure(s)
Level of Significance
After Mitigation
jurisdictions’ sewer systems, the developer shall
submit said studies to the applicable jurisdiction for
review and approval.

COA-WW-2. Prior to issuance of a building permit for
any future development project, the Project
Applicant shall provide evidence that the OCSD has
sufficient transmission and treatment plant capacity
to accept sewage flows from buildings for which
building permits are being requested.

COA-HYD-3. See Section 3.10 Hydrology and Water
Quality.

UTL-2. Would the Program have sufficient
water supplies available to serve the
Program and reasonably foreseeable future
development during normal, dry, and
multiple dry years?
Less Than Significant N/A N/A
UTL-3. Would the Program result in a
determination by the wastewater treatment
provider, which serves or may serve the
Program that it has adequate capacity to
serve the Program’s projected demand in
addition to the provider’s existing
commitments?
Less Than Significant N/A N/A
UTL-4. Would the Program generate solid
waste in excess of State or local standards,
or in excess of the capacity of local
infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
Less Than Significant N/A N/A
Would the Program have a cumulative effect
on utilities and/or service systems?
Less Than Significant N/A N/A

1.0 – EXECUTIVE SUMMARY
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1.4 Areas of Known Controversy
Section 15123(b)(2) of the State CEQA Guidelines indicates that an EIR summary should identify areas of controversy known to the lead agency including issues raised by agencies and the public. The City has complied with the State CEQA Guidelines by providing opportunities for early participation in the environmental review process. Specifically, in accordance with Section 15082(a) of the State CEQA Guidelines, the City circulated a Notice of Preparation (NOP) for a 45 -day public review period. The NOP was sent to the State Clearinghouse, the C ounty Clerk, public agencies, responsible and trustee agencies, and other interested parties for a public review period that began on September 8, 2023 and ended on October 9, 2023 (CEQA Public Review and Scoping Period), which included the Scoping Meeting held on September 28, 2023. The purpose of the NOP is to formally convey that the City, as the lead agency, solicited input regarding the scope and proposed content of the PEIR. The NOP included an invitation to agencies and the public to review and comment on the NOP. A copy of the NOP and the comment letters received in response to the NOP are included in Appendix A of this PEIR.

With regard to the Program, the major issues to be resolved include decisions by the City, as lead agency, related to whether the benefits of the Program override those environmental impacts that cannot be feasibly mitigated, whether to adopt proposed mitigation measures, consideration of Program alternatives, and whether to approve, revise, or deny the proposed Program.

The primary areas of controversy identified by the public and agencies included the following potential issues (the Draft PEIR section[s] that address the issue[s] raised are provided in parentheses):1 ▪ Potential for air quality, odor, and/or pollution impacts (Section 4.1, Air Quality) ▪ Potential for hazards and hazardous materials impacts (Section 4.3, Hazards and Hazardous Materials) ▪ Potential changes to community character and City development standards (Section 4.5, Land Use and Planning) ▪ Potential for impacts related to population and housing growth (Section 4.8, Population and Housing) ▪ Potential for impacts related to public services, including emergency response, fire, parks, schools, and police protection services (Section 4.9, Public Services) ▪ Potential impacts related to the transportation system, including traffic, roadway hazards, pedestrian safety and equitable access for all, and consistency with adopted plans (Section 4.11, Transportation) ▪ Potential for impacts to tribal cultural resources (Section 4.12, Tribal Cultural Resources) ▪ Potential impacts related to public infrastructure and service systems (Section 4.13, Utilities and Service Systems) ▪ Potential impacts resulting from proposed land use density changes (Sections 4.1 through 4.13 of Chapter 4)

1.5 Summary of Project Alternatives
CEQA requires that EIRs “describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives” (CEQA Guidelines Section 15126.6[a]). The CEQA Guidelines direct that the selection of alternatives be governed by “a rule of reason” (CEQA Guidelines Section 15126.6[f]).

1 Comments received in response to the Project’s Notice of Preparation are provided as Appendix A -2 and are summarized in Table 1-1, Notice of Preparation and Comment Letters Summary, in Chapter 1, Introduction of this Draft PEIR.

1.0 – EXECUTIVE SUMMARY
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As presented in this PEIR and summarized above in Table 1-1, the Program would result in significant and unavoidable impacts even after implementation of all mitigation measures. Topics for which significant impacts would occur include the following: Air Quality; Cumulative Noise; Population and Housing; and Tribal Cultural Resources.

This PEIR includes the analysis of three alternatives to the proposed Program:
▪ Alternative 1 – No Project/Buildout According to Adopted Plans ▪ Alternative 2 – Reduced Sites Alternative
▪ Alternative 3 – Reduced Density Alternative
Pursuant to Section 15126.6(d) of the CEQA Guidelines, each alternative is evaluated in sufficient detail to determine whether the overall environmental impacts would be less than, similar to, or greater than the corresponding impacts of the proposed Program. Each alternative is also evaluated to determine whether the Program’s objectives would be substantially attained. Refer to Chapter 6, Alternatives to the Program, for a complete analysis of Program alternatives. A summary of each proposed alternative is provided below.

1.5.1 Alternative 1 – No Project/Buildout According to Adopted Plans Under Alternative 1, development of the Program would not occur as detailed in Chapter 3 of this PEIR. As specified in CEQA Guidelines Section 15126.6(e)(3)(A), when a project is the revision of an existing land use or regulatory plan or policy or an ongoing operation, the no project alternative will be the continuation of the plan, policy, or operation into the future. Therefore, the no project alternative, as required by the CEQA Guidelines, would analyze the effects of development consistent with implementation of the General Plan and existing land use/zoning. Given this, Alternative 1 would continue the planned development potential for the Planning Area under the General Plan and existing zoning designations.

1.5.2 Alternative 2 - Reduced Sites Alternative
Under Alternative 2, the Reduced Sites Alternative, select sites would be removed from consideration within the Planning Area. These sites would be removed because of their potential to remain as viable commercial developments. As such, Alternative 2 would be comprised of a Planning Area with 751 parcels, totaling 537 acres.

The reduced sites would result in a buildout potential of 32,234 housing units and 2,808,180 square feet of commercial uses within future development projects. Therefore, under this alternative, 96,711 residents and 4,508 employees are anticipated at buildout of the future development projects.

1.5.3 Alternative 3 - Reduced Density Alternative
Under Alternative 3, Reduced Density Alternative, the maximum density for buildout is assumed to be 45 du/ac across the Planning Area. Therefore, Alternative 3 would result in a total development potential of 26,709 units.

Implementation of Alternative 3 would include the same commercial development potential with a 0.12 FAR. As such, under this alternative, a total of 3,102,449 square feet of commercial uses, and 4,979 employees (or a net reduction of 6,160 employees) are anticipated at buildout of future development projects.

1.0 – EXECUTIVE SUMMARY
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1.5.4 Environmentally Superior Alternative
Alternative 1 would result in the fewest environmental impacts as this alternative is the only alternative to eliminate a significant unavoidable impact (under Population and Housing). Therefore, Alternative 1 would be considered the Environmentally Superior Alternative. However, where the no project alternative is environmentally superior, the EIR is then required to identify an alternative from among the others evaluated as environmentally superior (CEQA Guidelines Section 15126.6[e][2]).

When compared to the Program and the proposed Alternatives, Alternative 3 would be the environmentally superior alternative. (Refer to Chapter 6, Alternatives, of this Draft PEIR for further details and discussion of proposed Alternatives 1, 2, and 3).

1.0 – EXECUTIVE SUMMARY
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INTENTIONALLY LEFT BLANK

FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 2.0-1

2.0 Introduction

2.1 Purpose and Scope
The purpose of this Environmental Impact Report (EIR) is to evaluate and disclose the potential environmental consequences of the proposed Fullerton Housing Incentive Overlay Zone Program (Program). The proposed Program constitutes a “project” as defined in the California Environmental Quality Act (CEQA) Guidelines Section 15378. The City of Fullerton (City) is the lead agency preparing this EIR in accordance with the CEQA statutes (California Public Resources Code Section 21000 et seq.), the California CEQA Guidelines (14 CCR 15000 et seq.).

As discussed in detail in Chapter 3, Project Description, of this EIR, the Program would apply an overlay zone to 759 parcels across the City totaling 593 acres. Under existing conditions, these parcels are currently zoned for non - residential uses ; however, these sites could most feasibly accommodate new housing development.

Implementation of the Program could theoretically result in a buildout potential of up to 35,611 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. As detailed further in Chapter 3 of this document, the Program would apply to select parcels with the following underlying zoning designations: 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 (Manufacturing Park) (200,000 square-foot minimum lot size).

2.2 Compliance with CEQA

2.2.1 Format
This chapter of this EIR sets forth the summary requirements of CEQA as required by Section 15123 of the CEQA Guidelines. Chapter 1, Executive Summary, and Chapter 3, Program Description, also comply with CEQA project description requirements by discussing the Project location, providing a statement of the document’s purpose and intended use, and identifying the Program objectives.

Issues identified in the Initial Study prepared for the Program that were found to have no impact or a less than significant impact are provided in Appendix A, Initial Study and Notice of Preparation (NOP), and in Chapter 5, Other CEQA Considerations, of this document. This EIR has been formatted to address the issues found to be potentially significant in the Initial Study. For the issue areas found to be potentially significant in the Initial Study, there is a corresponding EIR section. Each EIR secti on includes an existing setting discussion that describes the physical environmental conditions within the Program area as they existed at the time the NOP was prepared, in September 2023; these conditions are considered the baseline physical conditions from which the City determines whether an impact is considered to be significant ( CEQA Guidelines Section 15125[a]). Section 15125(d) of the CEQA Guidelines requires that an EIR “discuss any inconsistencies between the project and applicable general plans and regional plans,” which will be addressed in Section 4. 5, Land Use and Planning. Each EIR section identifies thresholds of significance and includes an analysis to determine the amount and degree of impact relative to each significance threshold that is associated with the Program. For all significant environmental impacts, mitigation measures, where feasible, are required in order to minimize significant adverse impacts (CEQA Guidelines Section 15126.4[a][1]).

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FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 2.0-2
The analysis of impacts and identification of mitigation measures are derived from technical analyses and/or reports that are included as technical appendices to this EIR and from other informational resources as listed at the end, in the references subsection, within each section of this document.

2.2.2 Environmental Procedures
The basic purposes of CEQA are the following (CEQA Guidelines Section 15002):

1. Inform governmental decisionmakers and the public about the potential significant environmental effects of proposed activities;

2. Identify the ways that environmental damage can be avoided or significantly reduced;

3. Prevent significant, unavoidable damage to the environment by requiring changes in the project through the use of alternatives or mitigation measures when the governmental agency finds the changes to be feasible; and

4. Disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose if significant environmental effects are involved.

The EIR process typically consists of three parts: (1) the NOP (including the Initial Study), (2) the Draft EIR, and (3) the Final EIR. Pursuant to Section 15063 of the CEQA Guidelines, the City prepared an Initial Study (Environmental Checklist) for the Program in order to determine if the Program would have a significant effect on the environment. The NOP was intended to encourage interagency communication concerning the Program and provide sufficient background information about the Program so that agencies, organizations, and individuals could respond with specific comments and questions on the scope and content of the EIR. Based upon the analysis contained in the Initial Study/NOP, the City concluded that an EIR should be prepared. The NOP for the EIR a nd a description of potential adverse impacts were distributed to the State Clearinghouse, responsible agencies, and other interested parties on Friday, September 8, 2023. Pursuant to Section 15082 of the CEQA Guidelines, recipients of the NOP were requested to provide responses within 30 days after their receipt of the NOP. During the 30-day public review period of the NOP, the City held a Scoping Meeting on September 28, 2023, to gather additional public input on the Program. Copies of the NOP (including the Initial Study) and the NOP distribution list are provided in Appendix A. All comments received during the NOP public notice period were considered during the preparation of this EIR. Written comments received on the NOP are included in Appendix A of this EIR.

Based on the scope of analysis for this EIR, including comments received during the NOP public scoping period, the following issues were determined to be potentially significant and are therefore addressed in Chapter 4, Environmental Impact Analysis, of this document:
▪ Air Quality
▪ Greenhouse Gas Emissions
▪ Hazards and Hazardous Materials
▪ Hydrology and Water Quality
▪ Land Use and Planning
▪ Mineral Resources
▪ Noise
▪ Population and Housing
▪ Public Services
▪ Recreation

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FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 2.0-3
▪ Transportation
▪ Tribal Cultural Resources
▪ Utilities and Service Systems
Other potential environmental impact areas, such as agriculture/forestry and mineral resources, were not found to be significant based on the results of the Initial Study. These issues are addressed in Section 5, Other CEQA Considerations, of this EIR.

As the lead agency for the Program, the City has assumed responsibility for preparing this EIR. The decision to consider the Program is within the purview of the City of Fullerton Planning Commission and City Council. The City will use the information included in this EIR to consider potential impacts to the physical environment associated with the Program when considering approval of the Program. As set forth in Section 15021 of the CEQA Guidelines, the City, as lead agency, has the duty to avoid or minimi ze environmental damage where feasible. Furthermore, Section 15021(d) states that:

CEQA recognizes that in determining whether and how a project should be approved, a public agency has an obligation to balance a variety of public objectives, including economic, environmental, and social factors and in particular the goal of providing a decent home and satisfying living environment for every Califo rnian. An agency shall prepare a statement of overriding considerations as described in Section 15093 to reflect the ultimate balancing of competing public objectives when the agency decides to a pprove a project that will cause one or more significant effects on the environment.

In accordance with CEQA, the lead agency will be required to make findings for each environmental impact of the Program that cannot be mitigated to a less-than-significant level. If the lead agency determines that the benefits of the Program outweigh significant environmental effects that cannot be mitigated to a less-than-significant level, the agency will be required to adopt a statement of overriding considerations stating the reasons supporting its action notwithstanding the Program’s significant environmental effects.

The EIR will be made available for review to agencies and the public for 45 days to provide comments on the “sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the significant effects of the Project might be avoided or mitigated” (CEQA Guidelines Section 15204[a]).

2.2.3 Incorporated by Reference
The Fullerton Plan, adopted in May 2021, is the City’s General Plan. This document, as well as the Final Program EIR for The Fullerton Plan, and other references were reviewed in order to assist environmental review of the Program.

These aforementioned documents are incorporated by reference (CEQA Guidelines 15150) and are available for review at the City of Fullerton, 303 West Commonwealth Avenue, Fullerton, California 92832. Additionally, these documents can be viewed on or downloaded from the City’s website at https://www.cityoffullerton.com/ government/departments/community-and-economic-development/planning-zoning/general-plan?locale=en.

2.2.4 NOP Comments and Scoping Meeting
The NOP for the Program was published on September 8, 2023, which will thus be the environmental baseline for the Program. Currently, existing development within the Program area includes a variety of commercial (i.e., retail

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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) . The public review period for the Initial Study/NOP began on September 8, 2023, and ended on October 9, 2023. A number of agencies and organizations commented on the Initial Study/NOP, and those comments can be found in Appendix A. During the 30-day public review period of the NOP, the City held a Scoping Meeting on September 28, 2023. Discussion at the September 28, 2023, Scoping Meeting included concerns regarding cultural and historical resources impacts, impacts to trees, and potential impacts to waterways. Comments raised in comment letters during the 30 -day scoping period are summarized in Table 2-1.

Table 2-1. Notice of Preparation and Comment Letters Summary Sender of
Comments
Date
Received General Summary of Comments
Addressed in
Section(s)
State Agencies
Native American
Heritage
Commission
(NAHC)
September
9, 2023
NAHC recommended actions to adequately assess
the existence and plan for avoidance, preservation,
or mitigation of impacts to tribal cultural resources.

NAHC reminds to contact the appropriate regional
California Historical Research Information System
(CHRIS) Center for an archaeological records
search. The comment details that if an
archaeological inventory survey is required, the
final stage is to prepare a professional report
detailing the findings and recommendations of the
records search and field survey which should be
submitted immediately to the planning department
and within 3 months after work has been
completed to the regional CHRIS Center.

The comment also states to contact the NAHC for a
Sacred Lands File search and a Native American
Tribal Consultation List of appropriate tribes for
consultation. The comment also reminds that the
lack of surface evidence of archaeological
resources does not preclude their subsurface
existence. Additionally, the comment states that
lead agencies should include plans to identify and
evaluate inadvertently discovered archaeological
resources, provisions for the disposition of
recovered cultural items, and provisions for the
treatment and disposition of discovered Native
American human remains in their mitigation and
monitoring reporting program.

Section 4.12, Tribal
Cultural Resources
Department of
Toxic
Substances
Control (DTSC)
September
28, 2023
DTSC was unable to determine the locations of the
proposed Project area, whether they are listed as
having documented contamination, land use
restrictions, or whether there is the potential for
the Project area to be included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5. DTSC
recommends providing further information in the
Draft EIR on the Project areas that may fall under
Section 4.3, Hazards

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Table 2-1. Notice of Preparation and Comment Letters Summary Sender of
Comments
Date
Received General Summary of Comments
Addressed in
Section(s)
DTSC's oversight. Then, DTSC may provide
additional comments.

DTSC believes the City of Fullerton must address
these comments to determine if any significant
impacts under CEQA will occur and, if necessary,
avoid significant impacts. The comment
recommends the City of Fullerton connect with
DTSC if any relevant hazardous waste projects are
discovered.

California
Department of
Transportation
(Caltrans),
District 12
October 6,
2023
Caltrans made a variety of comments related to
LDR, Transportation, and System Planning.

Caltrans supports opportunities for affordable
housing opportunities, highlights the state
mandate to plan for future housing needs of all
residents, and asks that additional analysis and
discussion are provided to assist RHNA allocation
efforts. Caltrans also asks that an equity
discussion in the EIR to highlight transportation
benefits for communities of color and under-served
communities. Caltrans, striving for more equitable
safety outcomes for all, encourages the
implementation of new technologies and practices
to enhance safety in the transportation network.

The comment encourages the design of Complete
Streets that are safe and comfortable for all users.

Caltrans asks to discuss current multimodal
transportation options of transit and rail services
and to look for opportunities and connectivity to
safe and convenient access. Additionally, the
comments asks to consider improving multimodal
connections to housing to promote diversity of
housing choices and additional destinations
accessible by Active Transportation. The comment
asks that various methods to reduce pedestrian,
bicycle, and school exposure to vehicles and traffic
be considered, and that bike lanes or other streets
be considered along Euclid St. to allow for
alternative modes of transportation. The comment
also asks to ensure that truck parking, ingress and
egress, and staging will not interfere with vehicle
parking, pedestrian paths, or bicycle lanes/parking,
and to work with community representatives to
mitigate any truck traffic routing onto residential
streets or conflicting with other road users.

Caltrans also asks to identify all existing local and
regional transit bus services and connectivity to rail
services from the nearest train stations provided by
Metrolink and/or Amtrak Pacific Surfliner. Lastly,
the comment asks to provide adequate wayfinding
Section 4.13,
Transportation

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Table 2-1. Notice of Preparation and Comment Letters Summary Sender of
Comments
Date
Received General Summary of Comments
Addressed in
Section(s)
signage to transit stops within all the project
vicinity and local roadways.

Regional Agencies
Orange County
Transit District
(OCTA)
October 9,
2023
The comment states that OCTA owns and operates
a regional park and ride facility (located at 3000
West Orangethorpe Avenue) and transit terminal
with fifteen bus docks and 791 public parking
spaces. The facility is located at the southwest
corner of Orangethorpe Avenue and Magnolia
Avenue, just north of the I-5 and SR-91
Interchange. The comment states that initial
parking studies have shown that public parking is
underutilized.

OCTA reminds that they are in the conceptual
planning phase for a potential mixed-use housing
development project at the Fullerton Park and Ride
facility which envisions repurposing the
underutilized parking to facilitate development
opportunities and to preserve the facility functions.

OCTA requests to continue to meet with City of
Fullerton staff to discuss whether including the
Fullerton Park and Ride in the HIOZ program could
help facilitate potential development opportunities
at the site. The comment says to contact the writer
of the letter at (714) 560-5907 or at
[email protected].

Section 4.13,
Transportation
Individuals
Jeff Koskela October 6,
2023
The comment notes that while housing
development is needed for the stability of our city,
the concept tends to upend years of checks and
balances that have served our city in a way that
has produced desirable residential neighbors and
stable property values. The comment notes that
the process tends to crowd the existing homes and
fills the streets and driveways with a great number
of cars. The comment states that single family
homes that have been the backbone of Fullerton
will now be threatened by the encroachment of
multi-story structures in back yards and church
properties that are normally only active on Sundays
and a few weeknights, now stand to become mega
developments adjacent to our homes. The
comment states that mixed use may be fine for
shopping centers that are underutilized but this is
far from the ideal situation for residential areas.

The comment states that setting aside the usual
density, sewer capacity, street congestion, and
Chapter 3, Project
Description; Section

4.1, Air Quality;
Section 4.2,
Greenhouse Gas
Emissions; Section

4.13, Transportation;
and Chapter 5, Other
CEQA Considerations

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FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 2.0-7
Table 2-1. Notice of Preparation and Comment Letters Summary Sender of
Comments
Date
Received General Summary of Comments
Addressed in
Section(s)
environmental considerations to bring in more
housing will create an unregulated sprawl that will
hurt existing homeowners and that only developers
will benefit at the cost of the individual
homeowners. The comment urges more restraint
than is written into this proposal and says that if it
is made the standard for Fullerton, the damage
may well be irrevocable.

Jane Reifer October 9,
2023
Jane Reifer notes that her goal is to preserve
unique aspects of Fullerton’s natural and built
environment, and that Fullerton has a unique feel
and characteristics that she believes should be
preserved while addressing affordable housing
needs. The comment goes on to list some of the
unique attributes.

The comment states that there should be a
discussion that analyzes the potential for new
properties to be added to the HIOZ after potential
adoption as it is hard to understand (with the
current information provided) the various
environmental impacts and suggests the PEIR
should be analyzed at different levels of
affordability, density, and build out.

The comment also highlights the importance of
knowing cumulative impacts details of other
proposed projects, including in other cities, and
says there should be a discussion on the impacts
of the density bonus most HIOZ projects will be
eligible for.

The comment states that scenic vistas should be
analyzed, aesthetic factors should be included as a
potential impact as the City historically ignores its
designated Scenic corridors and rural streets, and
that acknowledgement of the transition in the
neighborhood’s architecture is addressed.

The comment asks to remedy the exclusion of bats
and pollinators from Fullerton CEQA documents
and to more thoroughly discuss birds. It also states
that impacts should be analyzed in advance since
current policies miss mapped riparian areas and
current mitigation isn’t sufficient. The comment
also declares that several city tree policies are not
included in the Community Forestry ordinance and
that despite eligibility, city trees have not been
designated as a landmark.

The comment asks to analyze possible
displacement of people since the project
Chapter 3, Project
Description; Section

4.1, Air Quality;
Section 4.2,
Greenhouse Gas
Emissions; Section

4.13, Transportation;
Chapter 5, Other CEQA
Considerations; and
Chapter 6, Alternatives

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Table 2-1. Notice of Preparation and Comment Letters Summary Sender of
Comments
Date
Received General Summary of Comments
Addressed in
Section(s)
acknowledges the removal of a significant amount
of residential housing.

The comment highlights that many new
developments in Fullerton have laundry facilities
that have exposed air ducts leading to the public
right of way, subjecting pedestrians to laundry
chemical fumes and asks that a previous City
Mitigation measure N-6 be adapted to say
something like: “the City shall require mechanical
equipment from future development to be placed
as far as practicable from pedestrian right of way
and bus stops.”
The comment highlights that Fullerton is a Preserve
America city, and prides itself on its history, and
that the commenter was shocked to learn how few
protections these historic resources have. The
comment also states that the proposed COAs apply
to designated historic buildings, but not historic-
age or designation-eligible structures and districts,
and that trenching and shoring precautions, for
example, would not be taken on nearby eligible
properties which could have significant impacts on
the historic environment. The comment says that
discussion about viewsheds and adjacent historic
properties and districts within an APE is missing
and that maps should note historic-age structures
so policies can be explored. The comment notes
that cultural resources should be part of the scope
because there is not an accurate method of
recognizing which parcels have cultural / historic
impact and that often the City’s database does not
acknowledge historic structures.

The comment says that the Initial Study Checklist
says geology and soils won’t be included in the
scope but has f) marked as potentially significant
and asks to reinstate the section as part of the EIR.

Additionally, the comment also says to add c)
regarding liquefaction, landslide, collapse, and
lateral spreading due to the many slope and
subsidence issues Fullerton has had over the
years. The comment states that this might also
affect Wildfire 3.20 d) since not all infill lots have
been fully disturbed and developed.

In terms of the Mandatory Findings of Significance,
the comment says that there could be significant
impacts since 3.21 b) predicates its some of its
potential analysis on it and that there is potential
that the Raytheon parcel could contain resources

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Table 2-1. Notice of Preparation and Comment Letters Summary Sender of
Comments
Date
Received General Summary of Comments
Addressed in
Section(s)
of California history and pre-history based on its
proximity to resources recovered in a WPA
archeological dig and local Rancho Los Coyotes-era
adobes.

For transportation, the comment states that
construction detours must be handled so as not to
decrease these modes’ performance, that current
Traffic Control Plans do not include mitigations for
various impacts which makes construction impacts
conflict with a program, plan, ordinance, or policy
addressing the circulation system. The comment
also states that COA-AQ-6 is not adequate
mitigation and that Fullerton is not meeting its
Complete Streets obligations. The comment
declares that availability of Bus stops, benches,
shelters and other amenities, have never been
methodically analyzed and that impacts on the
City’s Bicycle Master Plan must be included. The
comment notes that since documentation has not
been a standard part of city policies for pedestrian
gap closure needs and conflict areas with other
modes at driveways, parking lots and structures,
freeway ramps, intersections, etc., many recent
projects have produced increased hazards due to
lack of coordination with this mode. Lastly for
transportation, the comment states that Bus, rail,
biking, and walking should be considered part of
general civic infrastructure and that transit needs
must be a part of the impacts considered when
planning.

The comment notes that Bus transit should be
added to public services and that new projects
should have transit funding built into the project
mitigations instead of depending solely on
unreliable transit district, state, and federal funds.

Under land use and planning, the comment notes
that large buildings without pedestrian pass-
throughs, where small building and surface parking
lots once were, divide communities from a
pedestrian, disabled person, and sometimes
bicycle, perspective.

As for the Project alternatives, the commenter
states they’d like to see the PEIR focus on viable
alternatives rather than a quick jump to a
Statement of Overriding Considerations. The
comment asks to include an alternative that
analyzes significant development in Harbor
Gateway focus area, one that analyzes fewer HIOZ

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Table 2-1. Notice of Preparation and Comment Letters Summary Sender of
Comments
Date
Received General Summary of Comments
Addressed in
Section(s)
units but with a higher percentage of affordable
units, and one with lower densities with a higher
percentage of affordable units.

The comment lastly notes that Appendix A
references density but not buildout and that A
referenced Appendix B which was not included.

None of the comments received change the issue areas that the Initial Study determined would be discussed in the EIR. All of the issues and concerns raised in the comments have been fully addressed and analyzed in the EIR.

12885

3.0-1

3.0 Project Description
This chapter of the Program Environmental Impact Report (Program EIR or PEIR) provides a detailed description of the proposed Housing Incentive Overlay Zone (HIOZ) Program (Program) . This chapter also discusses the discretionary actions required and includes a brief description of the environmental effects, which are evaluated in Chapter 4, Environmental Impact Analysis, through Chapter 6, Alternatives, of this PEIR.

3.1 Project Location
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.

3.1.1 Planning Area
The Planning Area is comprised of 759 parcels across the City totaling 593 acres. As detailed further in this chapter, the Program would apply to select parcels which contain the following underlying zoning designations: 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 (Manufacturing Park) (200,000 square-foot minimum lot size) (City of Fullerton 2023a).

3.2 Environmental Setting

3.2.1 California Environmental Quality Act
The baseline for a project is typically the physical environmental condition that exists in the vicinity of a project when the NOP is published (14 CCR 15125(a)). The NOP for the proposed Program was released on September 8, 2023. As such, the existing conditions at the time of publication of the NOP will be the environmental baseline for the proposed Program. Existing conditions of the Planning Area are further detailed in Section 3.2.2, below.

This Program EIR was prepared by the City, as the Lead Agency, to inform decision makers and the public of the potential significant environmental effects associated with the Project. This Program EIR has been prepared in accordance with the California Environmental Quality Act (CEQA) of 1970 (California Public Resources Code, Section 21000 et seq.) and the Guidelines for Implementation of the California Environmental Quality Act (CEQA Guidelines; 14 CCR 15000 et seq.) published by the Public Resources Agency of the State of California.

The purpose of this Program EIR is to focus the discussion on those potential effects on the environment of the Program that the Lead Agency has determined may be significant. In addition, feasible mitigation measures are recommended, when applicable, that could reduce significant environmental impacts or avoid significant environmental impacts.

Full buildout of the Planning Area, as discussed throughout this section of the PEIR, is assumed in the analysis herein. As such, this Program EIR evaluates implementation of the proposed HIOZ at a programmatic level with an

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3.0-2
assumed buildout scenario to represent a conservative maximum buildout to fully characterize environmental impacts associated with Program implementation.

3.2.2 Existing Conditions
Based on data collected for the 2021 Draft Housing Element Update (HEU) , the City is characterized as a predominantly suburban residential community with the most prevalent housing type being single-family detached homes (approximately 24,551 units out of a total of 47,369 occupied housing units) (City of Fullerton 2021). In addition, under existing conditions, the City’s average household size is estimated at 2.91 persons per household.

The vacancy rate in the City is estimated to be at 4.8%, and over half of the City’s housing units were constructed prior to 1970 (City of Fullerton 2021). The City’s total population is approximately 143,617 residents according to the 2020 U.S. Census (U.S. Census 2023). Recent estimates from the California Department of Finance (DOF) approximate that the City has a total population of 142,873 residents and 50,620 housing units in 2023 (DOF 2023).

The Planning Area consists of 759 parcels identified in Appendix B, HIOZ Site Inventory. 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).

Approximately 486 parcels contain existing commercial uses with an estimated 4,637,709 square feet of structures on site. Industrial uses within the Planning Area comprise 99 parcels with approximately 2,118,566 square feet of existing structures. Office uses consist of 2 parcels with a total of 5,471 square feet. Approximately 51 parcels, or 13 acres of land, are identified as vacant land or parking lots. As shown in Appendix B, the Planning Area is currently zoned for non -residential uses. However, approximately 121 parcels contain existing non -conforming residential 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.

Table 3-1 details the Planning Area’s underlying zoning, the total acreage per zoning designation, and the estimated existing square feet of structures on site. As shown, the Planning Area consists of parcels with seven different underlying zoning designations containing 6,938,186 square feet of existing structures (including 176,441 square feet of existing non-conforming residential structures).

Table 3-1. Existing Conditions per Zoning Designations
Underlying Zoning Designations Total Acreage per Zone Total Existing Square Feet (SF) C-G (Commercial Greenbelt) 3.62 44,208
C-M (Commercial, Manufacturing) 9.04 121,304
G-C (General Commercial) 290.39 3,215,463
O-P (Office Professional) 53.65 599,940
M-G (Manufacturing, General) 107.01 1,283,046
M-P (Manufacturing Park) (100,000
square-foot minimum lot size)

65.58 890,755
M-P (Manufacturing Park) (200,000
square-foot minimum lot size)

64.24 783,467
Total 593.52 6,938,186
Source: Appendix B
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. For informational purposes, the Initial Study (Appendix A) to this Draft PEIR erroneously included the existing square footage for the following zones: O -P, M-G, M-P (100K), and M -P (200K). Calculations have not changed. Instead, the numbers per zone was misplaced.

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3.2.3 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 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 Fulle rton’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 these criteria, the General Plan establishes the following, as shown in Figure 3-3, The Fullerton Plan Focus Areas:
▪ Focus Area A: Airport Industrial
▪ Focus Area B: Commonwealth Corridor
▪ Focus Area C: Orangethorpe Corridor Nodes
▪ Focus Area D: Harbor Gateway
▪ 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
▪ Focus Area L: West Coyote Hills
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 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 Area C and I, Orangethorpe Corridor Nodes and Chapman Corridor, respectively. The remaining 131 parcels within the Planning Area are not located within Focus Areas. These parcels are designated as Commercial, Greenbelt Concept, Industrial, Low Density Residential, Office, and Religious Use by the General Plan.

3.2.4 Housing Element
The State of California requires all local governments to adequately plan to meet the housing needs of everyone in the community. California’s local governments meet this requirement by adopting housing plans as part of their “general plan.” The law mandating that housing be included as an element of each jurisdiction’s general plan is known as the “Housing Element law.”
Pursuant to State law, the Housing Element must be updated periodically according to statutory deadlines. The most current 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

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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 manda ted that all cities and counties prepare a Housing Element as part of the comprehensive General Plan.

State Law requires that the Housing Element, and each HEU, include the following components:
▪ An evaluation of the efficacy of the previous Housing Element’s progress in plan implementation and appropriateness of the goals, policies, and programs.
▪ An analysis of the City’s population, household, and employment base, and the characteristics of the housing stock.
▪ A summary of the present and projected housing needs of the City’s households. ▪ A review of potential constraints to meeting the City’s identified housing needs. ▪ An evaluation of Fair Housing to identify disproportionate housing needs. ▪ A statement of the Housing Plan to address the identified housing needs, including housing goals, policies, objectives, and programs.

The City’s Housing Element is being updated in conformance with the 2021 -2029 cycle for jurisdictions in the Southern California Association of Governments (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. As portions of the General Plan are amended in the future, the General Plan (including the Housing Element) will be reviewed to ensure that internal consistency is maintained. The Housing Incentive Overlay Zone is identified as an implementation program in the 2021 Draft HEU (City of Fullerton 2021).

3.2.5 Regional Housing Needs Assessment
The California Department of Housing and Community Development (HCD) is required to prepare a Regional Housing Needs Assessment (RHNA) for each Council of Governments in the State that identifies projected residential dwelling units needed for all economic segments based on Department of Finance population estimates.

SCAG is comprised of Los Angeles, Ventura, Riverside, Orange, San Bernardino, and Imperial Counties and allocates to the six counties and 191 cities and the unincorporated County areas their fa ir share of the total RHNA housing needed for each income category. 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 assigned a 6th Cycle RHNA allocation (RHNA allocation) of 13,209 units for the 2021 –2029 Housing Element (proposed Housing Element), broken down as follows: 3,198 very -low income, 1,989 low income, 2,271 moderate income, and 5,751 above - moderate income housing units (SCAG 2021).

The City prepared their HEU for the planning period from October 2021 to October 2029. HCD reviewed the HEU and requested modifications, which are currently being incorporated. Nonetheless, environmental review of this Program is continuing forward, as this Program is a key component of the City accommodating its 6th Cycle RHNA.

The City’s Housing Element does not propose development but rather is designed to facilitate construction of housing throughout the City within the planning period. In addition, the HEU did not result in the re-zoning of parcels to accommodate for future r esidential development. Instead, the City defined policy action areas to identify adequate sites for housing development, in addition to the proposed Program.

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3.2.6 Other Community and Specific Plans
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.

3.3 Project Objectives
CEQA Guidelines Section 15124(b) requires an EIR to include a statement of objectives sought by the project.

According to the City’s HEU, the City does not contain sufficient sites with appropriate zoning to accommodate the City’s RHNA allocation. As such, the City identified the proposed Program as one of two policy actions to help facilitate housing production in order to meet the City’s RHNA goals. The 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 specified percentage of deed -restricted affordable housing units. The following Project Objectives have been established to assist the City in developing a reasonable range of alternatives to be evaluated in this Draft PEIR.

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.

Identify sites that are most likely to be redeveloped given their current underutilization of land.

Discourage development within known local hazard zones.

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.

3.4 Project Description
According to the City’s HEU, the City does not contain sufficient sites with appropriate zoning to accommodate the City’s RHNA allocation. As such, the City identified the proposed Program as one policy action to help facilitate housing production in order to meet the City’s RHNA goals. The 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 specified percentage of de ed-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. Implementation of the Program could theoretically result in a buildout potential of 35,611 units.

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3.4.1 Methodology
Parcel Applicability
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, as 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 the criteria outlined above, parcels Citywide were screened and either included for, or removed from, consideration. 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 the underlying zoning allows for residential, included within an existing Specific Plan are a, is currently entitled for residential, contains public uses (i.e., schools, parks, municipal facilities, infrastructure, etc.), and/or is identified on the local register of historical resources.

As a result of the site screening process, the Program would apply an overlay zone to 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: 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 (Manufacturing Park) (200,000 square- foot minimum lot size), as shown in Figure 3-4, Zoning.

Maximum Density Assumed
As currently drafted, the proposed Program recommends a minimum density for implementation and does not identify a maximum density. However, for purposes of analyzing the Program’s maximum potential environmental effects, an assumed maximum density is required for the purposes of CEQA.

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The General Plan assumed buildout scenarios for each land use designations by establishing minimum and/or maximum density or intensity standards. Table 3-2, below, details each land use designation that allow s for residential uses. It is assumed the City’s existing R-5 (Maximum Density, Multiple Residential) zone and High Density Residential General Plan land use designation is an appropriate equivalent to the proposed Program. As shown , the “High Density Residential” only specifies a minimum density of 28. 1 dwelling units per acre ( du/ac), and no maximum is identified.

Table 3-2. General Plan EIR Land Use Residential Density Summary Designation Residential Density Non -Residential Intensity Residential
Low Density Residential Up to 6 du/ac Up to 0.35 FAR
Low/Medium Density Residential 1 6.1 to 15 du/ac Up to 0.35 FAR Medium Density Residential 1 15.1 to 28 du/ac Up to 0.50 FAR High Density Residential 1 Over 28.1 du/ac Up to 0.65 FAR Greenbelt Concept Up to 3 du/ac N/A
Mixed Use
Downtown Mixed Use 1 30 to 60 du/ac 0.90 to 2.0 FAR
Neighborhood Center Mixed Use 1 16 to 60 du/ac 0.50 to 3.0 FAR Urban Center Mixed Use 1 30 to 80 du/ac 0.75 to 3.0 FAR Source: City of Fullerton 2012b, Table 3-3.

Note:
1 Allowable density/intensity may vary based on Focus Area policies.

Furthermore, the allowable density per land use designation varies based on the Focus Areas identified in the General Plan. Table 3-3 details the Focus Areas that allowed for “High Density Residential” and their assumed density/intensity.

Table 3-3. General Plan Focus Area Residential Density Summary Focus Areas with Residential Density/Intensity 1
Applicable Land Use
Designations
Focus Area A (Airport Industrial) Up to 30 du/ac; up to 0.5 FAR Medium Density Residential Focus Area B (Commonwealth
Corridor)
Up to 30 du/ac; up to 0.5 FAR Neighborhood Center Mixed Use, Medium Density Residential
Focus Area C (Orangethorpe
Corridor Nodes)
Up to 60 du/ac; up to 1.0 FAR Neighborhood Center Mixed Use, Medium Density Residential, High
Density Residential
Focus Area D (Harbor Gateway) Up to 80 du/ac; up to 3.0 FAR Low Density Residential, High Density Residential, Urban Center
Mixed Use
Focus Area E (Downtown) Up to 60 du/ac; up to 2.0 FAR Medium Density Residential, Downtown Mixed Use, High Density
Residential
Focus Area F (Transportation
Center)
Based on Specific Plan Urban Center Mixed Use, High
Density Residential
Focus Area G (North Harbor
Corridor)
up to 45 du/ac; up to 3.0 FAR Neighborhood Mixed Use, High Density Residential

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Table 3-3. General Plan Focus Area Residential Density Summary Focus Areas with Residential Density/Intensity 1
Applicable Land Use
Designations
Focus Area H (North Industrial) up to 60 du/ac; up to 1.0 FAR Neighborhood-serving Mixed use, High Density Residential
Focus Area I (Chapman Corridor) up to 60 du/ac; up to 1.0 FAR High Density Residential, Commercial, Neighborhood Center
Mixed Use, Medium Density
Residential
Focus Area J (Education) up to 60 du/ac; up to 3.0 FAR High Density Residential, Neighborhood Center Mixed Use,
Medium Density Residential
Focus Area L (West Coyote Hills) 3 du/ac Greenbelt Concept Source: City of Fullerton 2012a, Table 2.

Note:
1 Recommended density/intensity range is provided for the Focus Area as a whole. Allowable parcel-by-parcel density/intensity will be specified through development standards in the Zoning Code or Specific Plan.

As discussed in the General Plan, the Focus Areas present opportunities where land use and design change can help fully implement the City’s vision . Thus, the land u se designations deemed applicable represent potential changes in land uses within the City. Table 3-3 includes eight different Focus Areas that identify the High Density Residential land use designation as an applicable land use. The General Plan recommends maximum densities between 45 to 80 du/ac, with 60 du/ac as the most commonly used maximum density for four of the eight Focus Areas. Given this, 60 du/ac is the assumed maximum density for the purposes of analyzing the Program’s maximum potential environmental effects.

3.4.2 Program-Related Growth and Buildout
For the purposes of this Program EIR , a maximum density of 60 du/ac across the Planning Area is assessed to determine the maximum potential environmental effects of the proposed Program. Therefore, the Program would result in a maximum growth potential of 35,611 units. For more information on the parcels identified, inclu ding each parcel’s Assessor Parcel Number, underlying zoning designation, parcel size, assumed density, and total housing units per zone, see Appendix B.

Table 3-4 details the Program’s anticipated maximum buildout per underlying zoning designations. Although the Program would apply to zoning classifications with non -residential designations, there are approximately 136 parcels with existing non-conforming residential uses on site. Given this, the Program-related growth would include residential uses with the potential to be demolished. Based on existing data, the number of existing units is not known. However, it is estimated that approximately 197,529 squa re feet represents the total square footage of existing non-conforming residential uses within the Planning Area. Additionally, implementation of the proposed Program would include the redevelopment of parcels with existing structures on site. As such, it is assumed that demolition, construction, or renovation of existing occupied properties could occur. As shown in Table 3 -4, 6,938,186 square feet of existing structures (including 197,529 square feet of existing non-conforming residential structures) are anticipated to be demolished upon full buildout of the proposed Program.

As shown in Table 3-4, the Program would apply to approximately 593.5 acres and upon full buildout, could result in a total of 35,611 new units. In accordance with State Housing Element Law, the Program is anticipated to

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facilitate housing production within the City for the planning period ending in 2029. As such, for the environmental analysis, the Program’s buildout year would be consistent with SCAG’s 6 th RHNA Cycle, ending in October 2029.

Therefore, this PEIR analyzes the potential buildout of 35,611 units by October 2029.

Table 3-4. Program-Related Housing Growth per Zone
Underlying Zoning Designations
Total Acreage
per Zone
Total Existing Square Feet
(SF) to be Demolished
Total Housing -
related Growth (du)
C-G (Commercial Greenbelt) 3.62 44,208 217
C-M (Commercial, Manufacturing) 9.04 121,304 542
G-C (General Commercial) 290.39 3,215,463 17,423
O-P (Office Professional) 53.65 599,940 3,218
M-G (Manufacturing, General) 107.01 1,283,046 6,420
M-P (Manufacturing Park) (100,000
square-foot minimum lot size)

65.58 890,755 3,934
M-P (Manufacturing Park) (200,000
square-foot minimum lot size)

64.24 783,467 3,854
Total 593.52 6,938,186 35,611
Source: Appendix B
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.

In addition to a potential housing buildout, as detailed in Table 3-4, the Program would facilitate the development of on-site commercial uses for each future development project. Below is a table detailing the projected population, housing, and employment per land use type.

Table 3-5. Planning Area Growth Assumption per Land Use Type Land Use
Type
Number of
Parcels a
Total
Existing
Square
Feet (SF) a
Generation Factors
(SF/Employee) b
Employees
Generated
Housing
Generated
Population
Generated
Existing Land Uses
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
Existing
Employees
759 6,938,186 — 11,139 — —

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Table 3-5. Planning Area Growth Assumption per Land Use Type Land Use
Type
Number of
Parcels a
Total
Existing
Square
Feet (SF) a
Generation Factors
(SF/Employee) b
Employees
Generated
Housing
Generated
Population
Generated
Proposed Land Uses (New)
Residential 759 — — — 35,611 103,628
Commercial 759 3,102,449 Other Retail/ Services
(623 SF/Employee)
4,979 — —
Total Proposed Housing Growth — 35,611 —
Total Proposed Population Growth — 103,628 —
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. 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).

3.4.3 General Plan Consistency
As shown in Figure 3-5, General Plan Land Use Designations, and listed in Appendix B, the Planning Area would apply to parcels with the following existing General Plan land use designations: Commercial, Greenbelt Concept, Industrial, Low Density Residential, Medium Density Residential, Office, and Religious Use (City of Fullerton 2012c).

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.

However, there are parcels with existing land use designations that do not currently allow for residential uses.

The 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. Similarly, for parcels within the Planning Area designated as Commercial, Office, or Religious Use; a Gener al Plan Amendment is required to allow for residential uses on site.

In addition to consistency for allowable land uses, 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. Similarly, 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 HIOZ.

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3.4.4 Municipal Code Amendments
HIOZ Implementation Process
Upon adoption of the proposed 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, the application shall be consistent with the objectives of the Zoning Ordinance and General Plan and be reasonably compatible with surrounding land uses to promote the general health, safety, and welfare.

Future Development Projects
Upon adoption of the proposed 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 15.47 , 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 require 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 require d to comply with the conditions of approval (as detailed in Section 3.6 of this chapter) 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.

HIOZ Development Standards
The proposed Program would 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 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 th e proposed Program would be developed in compliance with applicable 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.

HIOZ Affordable Housing Requirement
The 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 specified percentage of deed - restricted affordable housing units. As such, the Program would incorporate a provision in the Municipal Code to require a minimum percentage of the total number of residential units within a development project for affordable

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housing for a minimum of 55 years. This provision would be exclusive of the added units facilitated under State Density Bonus law.

3.5 Conditions of Approval
The following measures are from the City’s General Plan Program EIR , which are implemented as conditions of approval (COAs) for the proposed Program:

COA-AES-1 For future development located in or immediately adjacent to residentially zoned properties, construction documents shall include language that requires all construction contractors to strictly control the staging of construction equipment and the cleanlin ess of construction equipment stored or driven beyond the limits of the construction work area. Construction equipment shall be parked and staged within the project site, as distant from the residential use, as reasonably possible. Staging areas shall be screened from view from residential properties.

COA-AES-2 Construction documents shall include language requiring that construction vehicles be kept clean and free of mud and dust prior to leaving the development site. Streets surrounding the development site shall be swept daily and maintained free of dirt and debris.

COA-AES-3 Construction worker parking may be located off -site with prior approval by the City. On -street parking of construction worker vehicles on residential streets shall be prohibited.

COA-AQ-1 Prior to issuance of any Grading Permit, the Community Development Director and the Building Official shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, in compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD’s Rules and Regulations.

In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from cr eating a nuisance off -site. Implementation of the following measures would reduce short-term fugitive dust impacts on nearby sensitive receptors:

1. All active portions of the construction site shall be watered twice daily to prevent excessive amounts of dust;

2. Non-toxic soil stabilizers shall be applied to all inactive construction areas (previously graded areas inactive for 20 days or more, assuming no rain), according to manufacturers’ specifications;

3. All excavating and grading operations shall be suspended when wind gusts (as instantaneous gust) exceed 25 miles per hour;

4. On-site vehicle speed shall be limited to 15 miles per hour;

5. All on-site roads shall be paved as soon as feasible, watered twice daily, or chemically stabilized;

6. Visible dust beyond the property line which emanates from the project shall be prevented to the maximum extent feasible;

7. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the job site;

8. Track-out devices shall be used at all construction site access points;

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9. All delivery truck tires shall be watered down and/or scraped down prior to departing the job site;

10. A construction relations officer shall be appointed to act as a community liaison concerning on-site construction activity including resolution of issues related to fugitive dust generation;

11. Streets shall be swept at the end of the day if visible soil material is carried onto adjacent paved public roads and use of SCAQMD Rule 1186 and 1186.1 certified street sweepers or roadway; and

12. Replace ground cover in disturbed areas as quickly as possible.

COA-AQ-3 The following measures shall be implemented to reduce VOC emissions resulting from application of architectural coatings:
▪ Contractors shall use high-pressure-low-volume (HPLV) paint applicators with a minimum transfer efficiency of at least 50 percent;
▪ Use required coatings and solvents with a VOC content lower than required under Rule 1113; ▪ Construct/build with materials that do not require painting; and ▪ Use pre-painted construction materials.

COA-AQ-6 Each individual implementing development project shall submit a traffic control plan prior to the issuance of a grading permit. The traffic control plan shall describe in detail safe detours and provide temporary traffic control during construction activit ies for that project. To reduce traffic congestion, the plan shall include, as necessary, appropriate, and practicable, the following:
temporary traffic controls such as a flag person during all phases of construction to maintain smooth traffic flow, dedicated turn lanes for movement of construction trucks and equipment on- and off-site, scheduling of construction activities that affect traffic flow on the arterial system to off-peak hour, consolidating truck deliveries, rerouting of construction trucks away from congested streets or sensitive receptors, and/or signal synchronization to improve traffic flow.

COA-AQ-9 Proposed developments within the City of Fullerton shall include, to the extent feasible, as a part of construction and building management contracts, the following measures:
▪ All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters. ▪ All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping.
▪ All residential, commercial, and industrial structures shall be required to incorporate light colored roofing materials.

COA-AQ-14 New sensitive land uses such as residential, a hospital, medical offices, day care facilities, and fire stations shall not be located closer than 1,000 feet from any existing or proposed distribution center/warehouse facility which generates a minimum of 100 truck trips per day, or 40 truck trips with transport refrigeration units (TRUs) per day, or TRU operations exceeding 300 hours per week, pursuant to the recommendations set forth in the CARB Air Quality and Land Use Handbook. If new sensitive land uses cannot meet this setback, they shall be designed and conditioned to include mechanical ventilation systems with fresh air filtration. For operable windows or other sources of

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ambient air filtration, installation of a central heating, ventilation, and air conditioning (HVAC) system that includes high efficiency filters for particulates (Minimum Efficiency Reporting Value [MERV] 13 or higher) or other similarly effective systems shall be required.

COA-BIO-1 A land use permit application for a project on a site located within or adjacent to an environmentally sensitive habitat area, as determined by the City of Fullerton Community Development Department, shall provide a Biological Resource Assessment prepared by a qualified biologist for review and approval by the Community Development Department. The Biological Resource Assessment shall evaluate the impact the proposed development may have on the habitat, and whether the development would be consistent with the biological continuance of the habitat. For those environmentally sensitive habitat areas which are only seasonally occupied, or where the presence of the species can best be determined during a certain season (e.g., annual wildflower species), the field investigation(s) must be conducted during the appropriate time to maximize detection of the subject species. The report shall identify possible impacts, their significance, measures to avoid possible impacts, mitigation measures required to reduce impacts to less than significant levels when impacts cannot be avoided, measures for the restoration of damaged habitats and long-term protection of the habitats, and a program for monitoring and evaluating the effectiveness of such measures.

COA-CR-1 Future development projects for properties considered to be sensitive for cultural resources by the City of Fullerton shall conduct a Phase I Cultural Resources Study of the subject property in accordance with the City of Fullerton’s protocol by a qualifie d professional, which shall be submitted to the City of Fullerton for review and approval. The Phase I Cultural Resources Study shall determine where the subject development project would potentially cause a substantial adverse change to any significant archaeological, paleontological, or historic resources. The Phase I Cultural Resources Study shall be prepared to meet the standards established by the City and shall, at a minimum, including the results of the following:

1. Records searches at the South Central Coastal Information Center (SCCIC), the National or State Registry of Historic Places, and any appropriate public, private, and tribal archives.

2. Sacred Lands File records search with the Native American Heritage Commission (NAHC), followed by project scoping with the tribes recommended by the NAHC.

3. Field survey of the subject development site.

The proponent of the subject development project and the qualified professional(s) are also encouraged to contact the local Native American tribe (as identified by the NAHC and the City of Fullerton) to obtain input regarding the potential for Native Ameri can resources to occur on the subject site.

Feasible measures shall be identified in order to mitigate the known and potential significant effects of the subject development project, if any.

COA-CR-2 If the Phase I Cultural Resources Study required under Mitigation Measure CR -1 determines that monitoring during construction by a professional archaeologist and/or paleontologist is needed for the subject development project, the project proponent shall r etain a professional archaeologist and/or paleontologist, subject to approval by the City of Fullerton, prior to the issuance of grading permits. The task of the professional archaeologist and/or paleontologist shall be to verify

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implementation of the mitigation measures identified in the City -approved Phase I Cultural Resources Study and to monitor the initial ground -altering activities, including but not limited to, debris removal, vegetation removal, tree removal, grading, trenching, or other site preparation activities. The professional archaeologist and/or paleontologist shall be empowered to temporarily halt or divert construction equipment to allow recording and removal of the unearthed resources.

All artifacts and/or fossils discovered at the subject development site shall be inventoried and analyzed by the professional archaeologist and/or paleontologist. If any artifacts of Native American origin are discovered, a Native American Tribal monitor shall be asked to help analyz e the Native American artifacts for identification as everyday life and/or religious or sacred items, cultural affiliation, temporal placement, and function, as deemed possible. A report of the findings, including an itemized inventory of recovered artifac ts and/or fossils, shall be prepared and shall include a discussion of the significance and disposition of the recovered artifacts and/or fossils.

The report and inventory shall be submitted to the City of Fullerton, signifying completion of the program to mitigate impacts to archaeological and/or paleontological resources.

COA-CR-3 In the event that cultural resources (archaeological, historical, paleontological) resources are inadvertently unearthed during excavation and grading activities of any future development project, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery. If not already retained due to conditions present pursuant to CR -2, the project proponent shall retain a qualified professional (i.e., archaeologist, historian, architect, paleontologist, Native American Tribal monitor), subject to approval by the City of Fullerton, to evaluate the significance of the finding and appropriate course of action (refer to Mitigation Measures CR-1, CR-2 and CR-4). If avoidance of the resource(s) is not feasible, salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. After the find has been appropriately avoided or mitigated, work in the area may resume.

COA-CR-4 In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to State Health and Safety Code Section 7050.5, no further disturbance shall occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Nativ e American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendant of the deceased Native American, who shall serve as consultant on how to proceed with the remains.

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

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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 proj ect 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-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).

COA-HAZ-5 Prior to construction, future developers shall prepare a Traffic Control Plan for implementation during the construction phase, as deemed necessary by the City Traffic Engineer. The Plan may include the following provisions, among others:
▪ At least one unobstructed lane shall be maintained in both directions on surrounding roadways. ▪ At any time only a single lane is available, the developer shall provide a temporary traffic signal, signal carriers (i.e., flagpersons), or other appropriate traffic controls to allow travel in both directions.
▪ If construction activities require the complete closure of a roadway segment, the developer shall provide appropriate signage indicating detours/alternative routes.

COA-HAZ-6 The City Community Development Department shall consult with the Fullerton Police Department to disclose temporary closures and alternative travel routes, in order to ensure adequate access for emergency vehicles when construction of future projects would result in temporary lane or roadway closures.

COA-HYD-1 Prior to issuance of any Grading or Building Permit, and as part of the future development’s compliance with the NPDES requirements, a Notice of Intent shall be prepared and submitted to the Santa Ana RWQCB providing notification and intent to comply with the State of California General Construction Permit. Also, a Stormwater Pollution Prevention Plan (SWPPP) shall be reviewed and approved by the Director of Engineering for water quality construction activities on - site. A copy of the SWPPP shall be available and implemented at the construction site at all times.

The SWPPP shall outline the source control and/or treatment control BMPs to avoid or mitigate runoff pollutants at the construction site to the “maximum extent practicable.” All recommendations in th e Plan shall be implemented during area preparation, grading, and construction. The project applicant shall comply with each of the and/or treatment control BMPs to avoid or mitigate runoff pollutants at the construction site to the “maximum extent practicable.” All recommendations in the Plan shall be implemented during area preparation, grading, and

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construction. The project applicant shall comply with each of the recommendations detailed in the Study, and other such measure(s) as the City deems necessary to mitigate potential stormwater runoff impacts.

COA-HYD-2 Prior to issuance of any Grading Permit, future development projects shall prepare, to the satisfaction of the Director of Engineering, a Water Quality Management Plan or Stormwater Mitigation Plan, which includes Best Management Practices (BMPs), in accordance with the Orange County DAMP. All recommendations in the Plan shall be implemented during post construction/operation phase. The project applicant shall comply with each of the recommendations detailed in the Study, and other such measure(s) as the City deems necessary to mitigate potential water quality impacts.

COA-HYD-3 Prior to site plan approval, the project owner/developer(s) shall be required to coordinate with the City of Fullerton Engineering Department to determine requirements necessary to mitigate impacts to drainage improvements in order to accommodate storage v olumes and flood protection for existing and future runoff. Proposed projects shall implement mitigation measures, if required, to the satisfaction of the City of Fullerton Public Works Director. For any new storm drainage projects/studies that have the potential to impact adjacent jurisdictions’ storm drainage systems, the developer shall submit said studies to the applicable jurisdiction for review and approval.

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

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specifications shall be included in construction documents, which 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 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 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.

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.

COA-TR-1 Prior to approval of any General Plan Amendment and/or Zone Change associated with the focused planning efforts for The Fullerton Plan Focus Areas, the City and/or project proponent shall prepare a detailed multi-modal analysis in order to determine specific impacts associated with the proposed General Plan Amendment and/or Zone Change, and where applicable, identify mitigation measures to reduce impacts to less than significant levels based on City adopted multi-modal thresholds. The

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multi-modal analysis shall specify the timing, funding, construction, and fair share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Fullerton and surrounding jurisdictions, in accordanc e with the significant impact criteria established by the jurisdiction that controls the affected area.

COA-WW-1 Prior to issuance of a building permit for any future development project, the Project Applicant shall prepare an engineering study to support the adequacy of the sewer systems and submit the engineering study to the City of Fullerton for review and appro val. Any improvements recommended in the engineering study shall be installed prior to the certificate of occupancy for the development project.

For any sewer projects/studies that have the potential to impact adjacent jurisdictions’ sewer systems, the developer shall submit said studies to the applicable jurisdiction for review and approval.

COA-WW-2 Prior to issuance of a building permit for any future development project, the Project Applicant shall provide evidence that the OCSD has sufficient transmission and treatment plant capacity to accept sewage flows from buildings for which building permits are being requested.

3.6 Discretionary Actions
The City as the lead agency is seeking the following approvals for the Program. ▪ Certification of the Program Environmental Impact Report ▪ Adoption of the Housing Incentive Overlay Zone Program : Establish Chapter 15.23, Housing Incentive Overlay Zone, within the City’s Municipal Code, which would include provisions for review and inclusion, approval processes, affordable housing requirements, permitted uses, and development standards. ▪ Adoption of General Plan Amendment : Amend the General Plan to ensure consistency with the proposed HIOZ for parcels designated with restrictive land uses. ▪ Adoption of Zoning Code Amendments: Amend the Citywide Development Standards for multi-family zoning classifications and mixed-use zoning classifications.

3.7 References Cited
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.

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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.

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/.

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. 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.

U.S. Census (United States Census Bureau). 2023. United States Census Bureau. QuickFacts: Fullerton city, California. Accessed October 2023. https://www.census.gov/quickfacts/fact/table/ fullertoncitycalifornia/POP010220#POP010220.

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City of Fullerton
San
Clemente
Dana
Point
San Juan
Capistrano
Laguna
Niguel
Rancho Santa
Margarita
Mission
Viejo
Costa
Mesa Lake
Forest
Huntington
Beach Irvine
Westminster
Santa Ana
Seal
Beach
Garden Grove
Cypress
Orange
Anaheim
Buena
Park
Fullerton Brea
Placentia
Lake Elsinore
Lakewood
Corona
Long Beach
Long Beach
Carson
Chino Hills
Bellflower
Compton
Norwalk
Lynwood
Norco
South Gate
Downey
Santa Fe Springs
La Habra
Heights
Huntington
Park
Maywood
Whittier
Riverside
Commerce
Diamond
Bar
Pomona
Pico Rivera
OntarioWhittier
Eastvale
Montebello Walnut
Montclair
Industry
South El
Monte
Monterey
Park
El Monte
Covina
Baldwin Park
Alhambra
UplandTemple
City
San Marino Irwindale
San
Dimas
La
Verne
AzusaArcadia Glendora
Fontana
Duarte
Pasadena
Pasadena Rialto
Chino
Rancho
Cucamonga
Jurupa Valley
Newport
Beach
Los
Angeles
Tustin
Yorba Linda
57 57
241
39 91
57 91
22 39
55 159
73 134
241
142
60 133
71 22
72 90
91 83
66 74
19 1
60 5
710
605
710
605
605
210
105
405
10 15
Regional Location
Fullerton Housing Incentive Overlay Zone PEIR
SOURCE: ESRI 2023; Orange County 2020
06 3
Miles
City of Fullerton
Orange County Boundary
FIGURE 3-1
Riverside
County
San
Bernardino
County
Los
Angeles
County
San Diego
County
101 5
710
10 215
605
5 210
105
10405
15 ORANGE
COUNTY
City Limits

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Fullerton HIOZ Map
Fullerton Housing Incentive Overlay Zone PEIR
SOURCE:
02 , 5 0 0 1,250
Feet
FIGURE 3-2a
39 91
90 57
5 City Boundary
HIOZ Parcels (759 parcels)
Parcels Citywide (29,862 parcels)

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57 90
Fullerton HIOZ Map
Fullerton Housing Incentive Overlay Zone PEIR
SOURCE:
02 , 5 0 0 1,250
Feet
FIGURE 3-2b
39 91
90 57
5 City Boundary
HIOZ Parcels (759 parcels)
Parcels Citywide (29,862 parcels)

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91 57
Fullerton HIOZ Map
Fullerton Housing Incentive Overlay Zone PEIR
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Feet
FIGURE 3-2c
39 91
90 57
5 City Boundary
HIOZ Parcels (759 parcels)
Parcels Citywide (29,862 parcels)

Date: 3/1/2024 - Last saved by: ckubacki - Path: Z:\Projects\j1288501\MAPDOC\DOCUMENT\Figure3-2_HIOZMap.mxd YUCCA
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Fullerton HIOZ Map
Fullerton Housing Incentive Overlay Zone PEIR
SOURCE:
02 , 5 0 0 1,250
Feet
FIGURE 3-2d
39 91
90 57
5 City Boundary
HIOZ Parcels (759 parcels)
Parcels Citywide (29,862 parcels)

Part I: The Fullerton Vision
Exhibit 1: Focus Areas
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Imperial Hwy
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Focus Area A: Airport Industrial
Focus Area B: Commonwealth
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Focus Area C: Orangethorpe
Corridor Nodes
Focus Area D: Harbor Gateway
Focus Area E: Downtown
Focus Area F: Transportation Center
Focus Area G: North Harbor
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Focus Area H: North Industrial
Focus Area I: Chapman Corridor
Focus Area J: Education
Focus Area K: Southeast Industrial
Focus Area L: West Coyote Hills
Legend
Focus Areas
City of Fullerton General Plan
Exhibit 1
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13 The Fullerton Plan Focus Areas
Fullerton Housing Incentive Overlay Zone PEIR
FIGURE 3-3
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LAST UPDATED: 10/25/2023
Zoning
Fullerton Housing Incentive Overlay Zone PEIR
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HIOZ Parcels (759 parcels)
Parcels Citywide (GP LU)
Low-Density Residential
Low-Medium Density Residential
Low-Medium Density Residential
Medium Density Residential
High Density Residential
Industrial
Commercial
Office
Downtown Mixed Use
Neighborhood Mixed Use
Urban Center Mixed Use
Fullerton Transp Cntr Specific Plan
Amerige Heights Specific Plan
Greenbelt Concept
Parks and Recreation
Government Facilities
School
Religious Use
Railroad
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Housing Incentive Overlay Zone (HIOZ)
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LAST UPDATED: 10/25/2023
General Plan Land Use Designations
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4.0 Environmental Impact Analysis
The purpose of this Draft Program Environmental Impact Report (PEIR) is to evaluate the potential environmental effects of the proposed Fullerton Housing Incentive Overlay Zone (HIOZ) Project (Project or Program). The City of Fullerton (City) circulated a Notice of Preparation (NOP) beginning on September 8, 2023, with the public review period ending on October 9, 2023. The NOP was transmitted to the State Clearinghouse, responsible agencies, other affected agencies, and other public and private potential stakeholders to solicit feedback regarding the scope of the environmental analysis to be addressed in the Project’s PEIR. The NOP and comment letters received are contained in Appendix A of this Draft PEIR.

Sections 4.1 through 4.13 of the Draft PEIR contain the potential environmental impacts analysis associated with the implementation of the proposed HIOZ Program and focus on the following issues:
▪ Section 4.1 – Air Quality
▪ Section 4.2 – Greenhouse Gas Emissions
▪ Section 4.3 – Hazards and Hazardous Materials
▪ Section 4.4 – Hydrology and Water Quality
▪ Section 4.5 – Land Use and Planning
▪ Section 4.6 – Mineral Resources
▪ Section 4.7 – Noise
▪ Section 4.8 – Population and Housing
▪ Section 4.9 – Public Services
▪ Section 4.10 – Recreation
▪ Section 4.11 – Transportation
▪ Section 4.12 – Tribal Cultural Resources
▪ Section 4.13 – Utilities and Service Systems
Technical Analyses
Technical analyses were prepared in order to accurately analyze air quality/greenhouse gas emissions, noise, and transportation and were used in the preparation of this PEIR. These documents are identified in the discussions for the individual environmental issues and are included as technical appendices to the PEIR. Hard copies are available at the City and on the City’s website, https://www.cityoffullerton.com/government/departments/community - and-economic -development/planning -zoning/public -notices.

Analysis Format
The Draft PEIR assesses how the Program would impact each of these issue areas. Each environmental issue addressed in this Draft PEIR is presented in terms of the following subsections:
▪ Environmental Setting – This subsection describes the physical environmental conditions in the vicinity of the proposed Program at the time of publication of the NOP. The environmental setting establishes the baseline conditions by which the City will determine whether specific Program-related impacts are significant.

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▪ Regulatory Framework – This subsection describes the laws, regulations, ordinances, plans, and policies applicable to the environmental issue area and the proposed Program. ▪ Thresholds of Significance – This subsection identifies a set of thresholds by which the level of impact is determined.
▪ Impact Analysis – This subsection provides a detailed analysis regarding the environmental effects of the proposed Program, and whether the impacts of the Program would meet or exceed the thresholds of significance. ▪ Mitigation Measures – This subsection identifies potentially feasible mitigation measures that would avoid or substantially reduce significant adverse Program impacts. ▪ Significance Conclusion – This subsection discusses whether Program-related impacts would be reduced to below a level of significance with implementation of the mitigation measures identified in the EIR. If applicable, this subsection also identifies any residual significant and unavoidable adverse effects of the proposed Program that would result even with implementation of any feasible mitigation measures. ▪ Cumulative Effects – This subsection discusses the cumulative effects of the Program in combination with the effects of other projects in the vicinity.

In addition to the subsections listed above, full citations for all documents referred to in each environmental issue area discussion are included at the end of each section or chapter.

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4.1 – AIR QUALITY
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4.1 Air Quality
This section of the Draft EIR analyzes the potential impacts from the implementation of the Fullerton Housing Incentive Overlay Zone (Program) on air quality, including potential for obstruction with the air quality management plan, increases in criteria pollutants, exposure of sensitive receptors to pollutants, and odors. A discussion of the existing air quality conditions within the Program Area and the surrounding areas is also included in this section to present the environmental baseline for the Program. The analysis is based, in part, on review of information from the California Air Resources Board (CARB), Environmental Protect Agency ( EPA), t he South Coast Air Quality Management District (SCAQMD), the transportation impact analysis (Section 4.11, Transportation, of this Draft EIR) and information provided in the following technical appendix:

Appendix C Air Quality and Greenhouse Gas Emissions Modeling, prepared by Dudek Other sources consulted are listed in Section 4.1.8, References Cited.

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 EIR.

4.1.1 Existing Conditions
The Program Area is located within the South Coast Air Basin (SCAB), which includes all of Orange County and the non-desert portions of Los Angeles, Riverside, and San Bernardino Counties. The SCAB is a 6,745-square-mile area bounded by the Pacific Ocean to the west and the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east. The extent and severity of the air pollution problem in the SCAB is a function of the area’s natural physical characteristics (e.g., weather and topography) , as well as human-made influences (e.g., development patterns and lifestyle). Factors such as wind, sunlight, temperature, humidity, rainfall, and topography all affect the accumulation and/or dispersion of pollutants throughout the SCAB, as explained below.1 Climate, Meteorological, and Topographical Conditions
The SCAB is characterized as having a Mediterranean climate (typified as semiarid with mild winters, warm summers, and moderate rainfall). The general region lies in the semi-permanent high-pressure zone of the eastern Pacific; as a result, the climate is mild and tempered by cool sea breezes. The usually mild climatological pattern is interrupted infrequently by periods of extremely hot weather, winter storms, or Santa Ana winds.

Moderate temperatures, comfortable humidity, and limited precipitation characterize the climate in the SCAB. The average annual temperature varies little throughout the SCAB, averaging 75 F. However, with a less -pronounced oceanic influence, the eastern inland portions of the SCAB show greater variability in annual minimum and maximum temperatures. All portions of the SCAB have recorded temperatures over 100°F in recent years. Although the SCAB has a semiarid climate, the air near the surface is moist because of the presence of a shallow marine layer. Except for infrequent periods when dry air is brought into the SCAB by offshore winds, the ocean effect is dominant. Periods with heavy fog are frequent and low stratus clouds, occasionally referred to as “high fog,” are a characteristic climate feature. Annual average relative humidity is 70% at the coast and 57% in the eastern part of the SCAB. Precipitation in the SCAB is typically 9 to 14 inches annually and is rarely in the form of snow or hail

1 The discussion of meteorological and topographical conditions of the SCAB is based on information provided in the Final 2016 Air Quality Management Plan (SCAQMD 2017a).

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because of typically warm weather. Most of the rainfall in Southern California occurs between late fall and early spring, with most rain typically occurring in the months of January and February. The City’s climate is characterized by relatively low rainfall, with warm summers and mild winters. Average temperatures range from a high of approximately 88°F in September to a low of approximately 68°F in December. Annual precipitation averages approximately 9.5 inches, falling mostly from December through March (Weather-and-Climate.com 2023).

Sunlight
The presence and intensity of sunlight are necessary prerequisites for the formation of photochemical smog. Under the influence of the ultraviolet radiation of sunlight, certain primary pollutants (mainly reactive hydrocarbons and oxides of nitrogen [NOx])2 react to form secondary pollutants (primarily oxidants). Because this process takes time to occur, secondary pollutants can be formed many miles downwind of the emission sources. Southern California also has abundant sunshine, which drives the photochemical reactions that form pollutants such as ozone (O 3) and a substantial portion of fine particulate matter (PM2.5, particles less than or equal to 2.5 microns in diameter). In the SCAB, high concentrations of O3 are normally recorded during the late spring, summer, and early autumn months, when more intense sunlight drives enhanced photochemical reactions. Due to the prevailing daytime winds and time- delayed nature of photochemical smog, oxidant concentrations are highest in the inland areas of Southern California.

Temperature Inversions
Under ideal meteorological conditions and irrespective of topography, pollutants emitted into the air will mix and disperse into the upper atmosphere. However, the Southern California region frequently experiences temperature inversions in which pollutants are trapped and accumulate close to the ground. The inversion, a layer of warm, dry air overlaying cool, moist marine air, is a normal condition in coastal Southern California. The cool, damp, and hazy sea air capped by coastal clouds is heavier than the warm, clear air, which acts as a lid through which the cooler marine layer cannot rise. The height of the inversion is important in determining pollutant concentration. When the inversion is approximately 2,500 feet above mean sea level, the sea breezes carry the pollutants inland to escape over the mountain slopes or through mountain passes. At a height of 1,200 feet above mean sea level, the terrain prevents the pollutants from entering the upper atmosphere, resulting in the pollutants settling in the foo thill communities. Below 1,200 feet above mean sea level, the inversion puts a tight lid on pollutants, concentrating them in a shallow layer over the entire coastal basin. Usually, inversions are lower before sunrise than during the daylight hours. Mixing heights for inversions are lower in the summer, resulting in inversions being more persistent during that season. This condition is partly responsible for the high levels of O3 observed during summer months in the SCAB. Smog in Southern California is gene rally the result of these temperature inversions combining with coastal day winds and local mountains to contain the pollutants for long periods, allowing them to form secondary pollutants by reacting in the presence of sunlight. The basin has a limited ab ility to disperse these pollutants due to typically low wind speeds and the surrounding mountain ranges.

As with other cities within the SCAB, the City of Fullerton is susceptible to air inversions. This traps a layer of stagnant air near the ground where pollutants are further concentrated. These inversions produce haziness, which is caused by moisture, suspended dust, and a variety of chemical aerosols emitted by trucks, automobiles, furnaces, and other sources. Elevated concentrations of particulate matter less than or equal to 10 microns in diameter (PM10) and PM2.5 can occur in the SCAB throughout the year but occur most frequently in fall and winter. Although there are some changes

2 NOx is a general term pertaining to compounds of nitric oxide (NO), nitrogen dioxide (NO2), and other oxides of nitrogen.

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in emissions by day of the week and by season, the observed variations in pollutant concentrations are primarily the result of seasonal differences in weather conditions.

Wind Patterns
The distinctive climate of the SCAB, including the project site, is determined by its terrain and geographical location.

The SCAB is located in a coastal plain with connecting broad valleys and low hills, bounded by the Pacific Ocean in the southwest quadrant, with high mountains forming the remainder of the perimeter.

Wind patterns across the south coastal region are characterized by westerly and southwesterly onshore winds during the day and easterly or northeasterly breezes at night. Winds are characteristically light, although the speed is somewhat greater during the dry summer months than during the rainy winter season.

Pollutants and Effects
Criteria Air Pollutants
Criteria air pollutants are defined as pollutants for which the federal and state governments have established ambient air quality standards, or criteria, for outdoor concentrations to protect public health. The federal and state standards have been set, with an adequate margin of safety, at levels above which concentrations could be harmful to human health and welfare. These standards are designed to protect the most sensitive persons from illness or discomfort. Pollutants of concern include O 3, nitrogen dioxide (NO2), carbon monoxide (CO), sulfur dioxide (SO2), PM10, PM2.5, and lead. These pollutants, as well as toxic air contaminants ( TACs), are discussed in the following paragraphs.3 In California, sulfates, vinyl chloride, hydrogen sulfide, and visibility reducing - particles are also regulated as criteria air pollutants.

Ozone. O3 is a strong -smelling, pale blue, reactive, toxic chemical gas consisting of three oxygen atoms. It is a secondary pollutant formed in the atmosphere by a photochemical process involving the sun’s energy and O 3 precursors. These precursors are mainly NO x and volatile organic compounds ( VOCs). The maximum effects of precursor emissions on O3 concentrations usually occur several hours after they are emitted and many miles from the source. Meteorology and terrain play major roles in O 3 formation, and ideal conditions occur during summer and early autumn on days with low wind speeds or stagnant air, warm temperatures, and cloudless skies. O3 exists in the upper atmosphere O3 layer (stratospheric O3) and at the Earth’s surface in the troposphere (ground-level O3).4 The O3 that the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (CARB) regulate as a criteria air pollutant is produced close to ground level, where people live, exercise, and breathe. Ground-level O3 is a harmful air pollutant that causes numerous adverse health effects and is thus considered “bad” O 3.

Stratospheric, or “good,” O3 occurs naturally in the upper atmosphere, where it reduces the amount of ultraviolet light (i.e., solar radiation) entering the Earth’s atmosphere. Without the protection of the beneficial stratospheric O3 layer, plant and animal life would be seriously harmed.

O3 in the troposphere causes numerous adverse health effects; short-term exposures (lasting for a few hours) to O3 at levels typically observed in Southern California can result in breathing pattern changes, reduction of breathing capacity, increased susceptibility to infections, inflammation of the lung tissue, and some immunological changes

3 The descriptions of each of the criteria air pollutants and associated health effects are based on EPA’s Six Common Air Pollutants (EPA 2016) and CARB’s Glossary of Air Pollutant Terms (CARB 2023b). 4 The troposphere is the layer of the Earth’s atmosphere nearest to the surface of the Earth. The troposphere extends outward approximately 5 miles at the poles and 10 miles at the equator.

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(EPA 2016). These health problems are particularly acute in sensitive receptors such as sick people, older adults, and young children.

Nitrogen Dioxide. NO2 is one group of highly reactive gases known as NO x. NO2 is a brownish, highly reactive gas that is present in all urban atmospheres. The major mechanism for the formation of NO2 in the atmosphere is the oxidation of the primary air pollutant nitric oxide (NO), which is a colorless, odorless gas. NO2, along with other NOx, reacts with other chemicals, such as VOCs and sulfur oxides (SOx), in the air to form both O3 and particulate matter, both of which are harmful when inhaled due to effects on the respiratory system. NO2 and NOx are formed from fuel combustion under high temperature or pressure. In addition, NO 2 is an important precursor to acid rain and may affect terrestrial and aquatic ecosystems. The two major emissions sources are transportation and stationary fuel combustion sources, such as electric utility and industrial boilers.

Population-based studies suggest that an increase in acute respiratory illness, including infections and respiratory symptoms in children (not infants), is associated with long-term exposure to NO2 at levels found in homes with gas stoves, which are higher than ambient levels found in Southern California. Increase in resistance to air flow and airway contraction is observed after short -term exposure to NO 2 in healthy subjects. Larger decreases in lung functions are observed in individuals with asthma or chronic obstructive pulmonary disease (e.g., chronic bronchitis, emphysema) than in healthy individuals, indicating a greater susceptibility of these subgroups.

In animals, exposure to levels of NO 2 considerably higher than ambient concentrations results in increased susceptibility to infections, possibly due to the observed changes in cells involved in maintaining immune functions.

The severity of lung tissue damage associated with high levels of O3 exposure increases when animals are exposed to a combination of O3 and NO2.

Carbon Monoxide. CO is a colorless, odorless gas formed by the incomplete combustion of hydrocarbons, or fossil fuels. CO is emitted almost exclusively from motor vehicles, power plants, refineries, industrial boilers, ships, aircraft, and trains. In urban areas, automobile exhaust accounts for the majority of CO emissions. CO is a nonreactive air pollutant that dissipates relatively quickly; therefore, ambient CO concentrations generally follow the spatial and temporal distributions of vehicular traffic. CO concentrations are influenced by local meteorological conditions—primarily wind speed, topography, and atmospheric stability. CO from motor vehicle exhaust can become locally concentrated when surface -based temperature inversions are combined with calm a tmospheric conditions, which is a typical situation at dusk in urban areas from November through February. The highest levels of CO typically occur during the colder months of the year, when inversion conditions are more frequent.

In terms of adverse health effects, CO competes with oxygen, often replacing it in the blood, reducing the blood’s ability to transport oxygen to vital organs. The results of excess CO exposure can include dizziness, fatigue, and impairment of central nervous system functions.

Sulfur Dioxide. SO2 is a colorless, pungent gas formed primarily from incomplete combustion of sulfur -containing fossil fuels. The main sources of SO 2 are coal and oil used in power plants and industries; as such, the highest levels of SO 2 are generally found near large industrial complexes. In recent years, SO 2 concentrations have been reduced by the increasingly stringent controls placed on stationary-source emissions of SO2 and limits on the sulfur content of fuels.

SO2 is an irritant gas that attacks the throat and lungs and can cause acute respiratory symptoms and diminished ventilator function in children. When combined with particulate matter, SO 2 can injure lung tissue and reduce visibility and the level of sunlight. SO2 can also yellow plant leaves and erode iron and steel.

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Particulate Matter. Particulate matter pollution consists of very small liquid and solid particles floating in the air, which can include smoke, soot, dust, salts, acids, and metals. Particulate matter can form when gases emitted from industries and motor vehicles undergo chemical reactions in the atmosphere. PM2.5 and PM10 represent fractions of particulate matter. Coarse particulate matter (PM 10) consists of particulate matter that is 10 microns or less in diameter and is about 1/7 the thickness of a human hair. Major sourc es of PM 10 include crushing or grinding operations; dust stirred up by vehicles traveling on roads; wood-burning stoves and fireplaces; dust from construction, landfills, and agriculture; wildfires and brush/waste burning; industrial sources; windblown dust from open lands; and atmospheric chemical and photochemical reactions. Fine particulate matter (PM2.5) consists of particulate matter that is 2.5 microns or less in diameter and is roughly 1/28 the diameter of a human hair. PM 2.5 results from fuel combustion (e.g., from motor vehicles and power generation and industrial facilities), residential fireplaces, and woodstoves. In addition, PM2.5 can be formed in the atmosphere from gases such as SOx, NOx, and VOCs.

PM2.5 and PM10 pose a greater health risk than larger-size particles. When inhaled, these tiny particles can penetrate the human respiratory system’s natural defenses and damage the respiratory tract. PM 2.5 and PM10 can increase the number and severity of asthma attacks, cause or aggravate bronchitis and other lung diseases, and reduce the body’s ability to fight infections. Very small particles of substances, such as lead, sulfates, and nitrates, can cause lung damage directly or be absorbed into the blood stream, causing damage elsewhere in the body. Additionally, these substances can transport adsorbed gases , such as chlorides or ammonium , into the lungs, also causing injury. PM10 tends to collect in the upper portion of the respiratory system, and PM2.5 is so tiny that it can penetrate deeper into the lungs and damage lung tissue. Suspended particulates also damage and discolor surfaces on which they settle and produce haze and reduce regional visibility.

People with influenza, people with chronic respiratory and cardiovascular diseases, and older adults may suffer worsening illness and premature death as a result of breathing particulate matter. People with bronchitis can expect aggravated symptoms from breathing in particulate matter. Children may experience a decline in lung function due to breathing in PM10 and PM2.5 (EPA 2016).

Lead. Lead in the atmosphere occurs as particulate matter. Sources of lead include leaded gasoline; the manufacturing of batteries, paints, ink, ceramics, and ammunition; and secondary lead smelters. Prior to 1978, mobile emissions were the primary source of atmospheric lead. Between 1978 and 1987, the phaseout of leaded gasoline reduced the overall inventory of airborne lead by nearly 95%. With the phaseout of leaded gasoline, secondary lead smelters, battery recycling, and manufacturing facilities are bec oming lead-emissions sources of greater concern.

Prolonged exposure to atmospheric lead poses a serious threat to human health. Health effects associated with exposure to lead include gastrointestinal disturbances, anemia, kidney disease, and, in severe cases, neuromuscular and neurological dysfunction. Of particular concern are low-level lead exposures during infancy and childhood. Such exposures are associated with decrements in neurobehavioral performance, including intelligence quotient performance, psychomotor performance, reaction time, and growth. Children are highly susceptible to the effects of lead.

Volatile Organic Compounds. Hydrocarbons are organic gases that are formed from hydrogen and carbon and sometimes other elements. Hydrocarbons that contribute to formation of O3 are referred to and regulated as VOCs (also referred to as reactive organic gases). Combustion engine exhaust, oil refineries, and fossil -fueled power plants are the sources of hydrocarbons. Other sources of hydrocarbons include evaporation from petroleum fuels, solvents, dry cleaning solutions, and paint.

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The primary health effects of VOCs result from the formation of O3 and its related health effects. High levels of VOCs in the atmosphere can interfere with oxygen intake by reducing the amount of available oxygen through displacement. Carcinogenic forms of hydrocarbons, such as benzene, are considered TACs. There are no separate health standards for VOCs as a group.

Non -Criteria Pollutants
Toxic Air Contaminants. A substance is considered toxic if it has the potential to cause adverse health effects in humans, including increasing the risk of cancer upon exposure, or acute and/or chronic noncancer health effects.

A toxic substance released into the air is considered a TAC. TACs are identified by federal and state agencies based on a review of available scientific evidence. In California, TACs are identified through a two -step process that was established in 1983 under the Toxic Air Contaminan t Identification and Control Act. This two -step process of risk identification and risk management and reduction was designed to protect residents from the health effects of toxic substances in the air. In addition, the California Air Toxics “Hot Spots” Information and Assessment Act, Assembly Bill (AB) 2588, was enacted by the legislature in 1987 to address public concern over the release of TACs into the atmosphere. The law requires facilities emitting toxic substances to provide local air pollution control districts with information that will allow an assessment of the air toxics problem, identification of air toxics emissions sources, location of resulting hot spots, notification of the public exposed to significant risk, and development of effective strategies to reduce potential risks to the public over 5 years.

Examples include certain aromatic and chlorinated hydrocarbons, certain metals, and asbestos. TACs are generated by a number of sources, including stationary sources , such as dry cleaners, gas stations, combustion sources, and laboratories; mobile sources, such as automobiles; and area sources, such as landfills. Adverse health effects associated with exposure to TACs may include carcinogenic (i.e., cancer -causing) and noncarcinogenic effects. Noncarcinogenic effects typically affect one or more target organ systems and may be experienced on either short-term (acute) or long-term (chronic) exposure to a given TAC.

Diesel Particulate Matter . Diesel particulate matter (DPM) is part of a complex mixture that makes up diesel exhaust. Diesel exhaust is composed of two phases, gas and particle, both of which contribute to health risks. More than 90% of DPM is less than 1 micron in diameter (about 1 /70th the diameter of a human hair), and thus is a subset of PM2.5 (CARB 2023b). DPM is typically composed of carbon particles (“soot,” also called black carbon) and numerous organic compounds, including over 40 known cancer -causing organic substances. Examples of these chemicals include polycyclic aromatic hydrocarbons, benzene, formaldehyde, acetaldehyde, acrolein, and 1,3 - butadiene (CARB 2023b). CARB classified “particulate emissions from diesel -fueled engines” (i.e., DPM) (17 CCR 93000) as a TAC in August 1998. DPM is emitted from a broad range of diesel engines: on-road diesel engines of trucks, buses, and cars and off -road diesel engines, including locomotives, marine vessels, and heavy -duty construction equipment, among othe rs. Approximately 70% of all airborne cancer risk in California is associated with DPM (CARB 2023b). To reduce the cancer risk associated with DPM, CARB adopted a diesel risk reduction plan in 2000 (CARB 2023b). Because it is part of PM2.5, DPM also contributes to the same noncancer health effects as PM2.5 exposure. These effects include premature death; hospitalizations and emergency department visits for exacerbated chronic heart and lung disease, including asthma; increased respiratory symptoms; and decr eased lung function in children. Several studies suggest that exposure to DPM may also facilitate development of new allergies (CARB 2016). Those most vulnerable to noncancer health effects are children, whose lungs are still developing, and older adults, who often have chronic health problems.

Odorous Compounds. Odors are generally regarded as an annoyance rather than a health hazard. Manifestations of a person’s reaction to odors can range from psychological (e.g., irritation, anger, or anxiety) to physiological

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(e.g., circulatory and respiratory effects, nausea, vomiting, and headache). The ability to detect odors varies considerably among the population and overall is subjective. People may have different reactions to the same odor.

An odor that is offensive to one person may be perfectly acceptable to another (e.g., coffee roaster). An unfamiliar odor is more easily detected and is more likely to cause complaints than a familiar one. In a phenomenon known as odor fatigue, a person can become desensitized to almo st any odor, and recognition may only occur with an alteration in the intensity. The occurrence and severity of odor impacts depend on the nature, frequency, and intensity of the source; wind speed and direction; and the sensitivity of receptors.

Sensitive Receptors
Some land uses are considered more sensitive to changes in air quality than others, depending on the population groups and the activities involved. People most likely to be affected by air pollution include children, the elderly, athletes, and people with cardiovascular and chronic respiratory diseases. Facilities and structures where these air pollution-sensitive people live or spend considerable amounts of time are known as sensitive receptors. Land uses where air pollution- sensitive individuals are most likely to spend time include schools and schoolyards, parks and playgrounds, daycare centers, nursing homes, hospitals, and residential communities (sensitive sites or sensitive land uses) (CARB 2005). The South Coast Air Quality Management District (SCAQM D) identifies sensitive receptors as residences, schools, playgrounds, childcare centers, long -term healthcare facilities, rehabilitation centers, convalescent centers, and retirement homes (SCAQMD 1993). As the Program involves the construction of a maximum of 35,611 residential units, it is likely that construction will take place adjacent to existing sensitive receptors. Additionally, the Program would also result in the placement of additional sensitive receptors as it is constructed.

Local Ambient Air Quality
South Coast Air Basin Attainment Designation
Pursuant to the 1990 federal Clean Air Act amendments, EPA classifies air basins (or portions thereof) as “attainment” or “nonattainment” for each criteria air pollutant based on whether the National Ambient Air Quality Standards (NAAQS) have been achieved. Generally, if the recorded concentrations of a pollutant are lower than the standard, the area is classified as “attainment” for that pollutant. If an area exceeds the standard, the area is classified as “nonattainment” for that pollut ant. If there is no t enough data available to determine whether the standard is exceeded in an area, the area is designated as “unclassified” or “unclassifiable.” The designation of “unclassifiable/attainment” means that the area meets the standard or is expected to be meet the standard despite a lack of monitoring data. Areas that achieve the standards after a nonattainment designation are re -designated as maintenance areas and must have approved Maintenance Plans to ensure continued attainment of the standards. The Californ ia Clean Air Act, like its federal counterpart, called for the designation of areas as “attainment” or “nonattainment,” but based on California Ambient Air Quality Standards ( CAAQS) rather than the NAAQS. Table 4.1-1 depicts the current attainment status of the SCAB with respect to the NAAQS and CAAQS.

Table 4.1-1. South Coast Air Basin Attainment Classification Pollutant
Designation/Classification
National Standards California Standards
Ozone (O3) – 1 hour No National Standard Nonattainment
Ozone (O3) – 8 hour Extreme Nonattainment Nonattainment Nitrogen Dioxide (NO2) Unclassifiable/Attainment Attainment Carbon Monoxide (CO) Attainment/Maintenance Attainment

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Table 4.1-1. South Coast Air Basin Attainment Classification Pollutant
Designation/Classification
National Standards California Standards
Sulfur Dioxide (SO2) Unclassifiable/Attainment Attainment Coarse Particulate Matter (PM10) Attainment/Maintenance Nonattainment Fine Particulate Matter (PM2.5) Serious Nonattainment Nonattainment Lead Nonattainment Attainment
Hydrogen Sulfide No National Standard Unclassified
Sulfates No National Standard Attainment
Visibility-Reducing Particles No National Standard Unclassified Vinyl Chloride No National Standard No designation
Sources: CARB 2022.

Notes: Attainment = meets the standards; Attainment/Maintenance = achieve the standards after a nonattainment designation ; Nonattainment = does not meet the standards; Unclassified or Unclassifiable = insufficient data to classify; Unclassifiable/ Attainment = meets the standard or is expected to be meet the standard despite a lack of monitoring data.

Standards for which the SCAB is in nonattainment are in bold text.

In summary, the SCAB is designated as a nonattainment area for federal and state O 3 standards and federal and state PM2.5 standards. The SCAB is also designated as a nonattainment area for state PM10 standards; however, it is designated as an attainment area for federal PM10 standards. The SCAB is designated as an attainment area for federal and state CO standards, federal and state NO 2 standards, and federal and state SO 2 standards. The Los Angeles County portion of the SCAB is the only area that has been designated as nonattainment for the federal rolling 3-month average lead standard; however, it is designated attainment for the state lead standard (CARB 2022). The phaseout of leaded gasoline started in 1976. Since gasoline no longer contains lead, the Program is not anticipated to result in impacts related to lead; therefore, it is not discussed in this analysis.

Despite the current nonattainment status, air quality within the SCAB has generally improved since the inception of air pollutant monitoring in 1976. This improvement is mainly a result of lower -polluting on-road motor vehicles, more stringent regulation o f industrial sources, and the implementation of emission reduction strategies by the SCAQMD. This trend toward cleaner air has occurred in spite of continued population growth. Despite this growth, air quality has improved significantly over the years, pri marily because of the impacts of the region ’s air quality control program. PM10 levels have declined almost 50% since 1990 and PM2.5 levels have also declined 50% since measurements began in 1999 (SCAQMD 2013). Similar improvements are observed with O3, although the rate of O3 decline has slowed in recent years.

Local Ambient Air Quality
CARB, air districts, and other agencies monitor ambient air quality at approximately 250 air quality monitoring stations across the state. SCAQMD monitors local ambient air quality at the Program site. The Program area’s local ambient air quality is monitored by SCAQMD. Air quality monitoring stations usually measure pollutant concentrations 10 feet above ground level; therefore, air quality is often referred to in terms of ground-level concentrations.

SCAQMD has designated general forecast areas and air monitoring areas (referred to as Source Receptor Areas [SRAs]) throughout the district to provide Southern California residents with information on the air quality conditions. The Program site is located within SRA 16, North Orange County. The Anaheim-Pampas Lane monitoring

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station is located approximately 2.9 miles south of the Program site and is the nearest long -term air quality monitoring site for O3, CO, NO2, PM10, and PM2.5.

The most recent 3 years of data available are shown in Table 4.1 -2 and identify the number of days ambient air quality standards were exceeded for the air monitoring area, which is considered to be representative of the local air quality at the Program site. Data for O3, CO, NO2, PM10, and PM2.5 for 2020 through 2022 were obtained from the CARB Air Quality Statistics and EPA Air Monitoring. Data for SO 2 have been omitted because attainment is regularly met in the SCAB and few monitoring stations measure SO2 concentrations.

Table 4.1-2. Program Site Air Quality Monitoring Summary 2019–2021 Pollutant
Agency/
Method
Ambient Air
Quality
Standard
Year
2020 2021 2022
O3
Maximum 1-hour concentration (ppm) California 0.09 ppm 0.142 0.089 0.102 Maximum 8-hour concentration (ppm) California 0.070 ppm 0.097 0.068 0.076 Maximum 8-hour concentration (ppm) National 0.070 ppm 0.097 0.068 0.076 Number of days exceeding state 1-hour standard 6 0 1
Number of days exceeding state 8-hour standard 15 0 1
Number of days exceeding federal 8-hour standard 15 0 1 CO
Maximum 1-hour concentration (ppm) California 20 2.40 2.28 2.40 National 35 2.40 2.28 2.40
Maximum 8-hour concentration (ppm) California 9.0 2.00 1.70 1.40 National 9.0 2.00 1.70 1.40
Number of days exceeding state 1-hour standard 0 0 0
Number of days exceeding federal 1-hour standard 0 0 0
Number of days exceeding state 8-hour standard 0 0 0
Number of days exceeding federal 8-hour standard 0 0 0
NO 2
Maximum 1-hour concentration (ppm) California 0.18 0.071 0.067 0.053 National 0.100 0.071 0.067 0.053
Annual concentration (ppm) California 0.030 0.013 0.012 0.012 National 0.053 0.013 0.012 0.012
Number of days exceeding state 1-hour standard 0 0 0
Number of days exceeding federal 1-hour standard 0 0 0
Number of days exceeding state 8-hour standard 0 0 0
Number of days exceeding federal 8-hour standard 0 0 0
PM 10
Maximum 24-hour concentration (µg/m3) California 50 74.5 63.3 66.7 National 150 74.8 63.6 67.0
Annual concentration California 20 ND 23.2 ND
Number of days exceeding state 24-hour standarda ND 5.7 ND Number of days exceeding federal 24-hour standard 0 0 0

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Table 4.1-2. Program Site Air Quality Monitoring Summary 2019–2021 Pollutant
Agency/
Method
Ambient Air
Quality
Standard
Year
2020 2021 2022
PM 2.5
Maximum federal 24-hour concentration (µg/m3) National 35 60.2 54.4 33.1 Annual concentration (µg/m3) California 12 12.4 11.6 9.9 National 12.0 12.4 11.6 9.9
Number of days exceeding federal 24-hour standarda 12 10 0 Sources: CARB 2023a; EPA 2023a.

Note: O3 = ozone; NO 2 = nitrogen dioxide; CO = carbon monoxide; PM 10 = coarse particulate matter; PM 2.5 = fine particulate matter; ppm = parts per million; g/m3 = micrograms per cubic meter; ND = insufficient data available to determine the value.

Data taken from CARB iADAM (2023c) or EPA AirData (2022) represent the highest concentrations experienced over a given year.

Exceedances of national and state standards are only shown for O3 and particulate matter. All other criteria pollutants did not exceed either national or state standards during the years shown.

An exceedance of a standard is not necessarily related to a violation of the standard. a Measurements of PM10 and PM2.5 are usually collected every 6 days and every 1 to 3 days, respectively. Number of days exceeding the standards is a mathematical estimate of the number of days concentrations would have been greater than the level of the standard had each day been monitored. The numbers in parentheses are the measured number of samples that exceeded the standard.

MATES V
The Multiple Air Toxics Exposure Study V (MATES V) is a monitoring and evaluation study conducted in the SCAB.

The study is a follow up to previous air toxics studies in the SCAB and is part of the SCAQMD Governing Board Environmental Justice Initiative.

The MATES V study consists of several elements including a monitoring program, an updated emissions inventory of TACs, and a modeling effort to characterize risk across the SCAB. The study estimates air toxics cancer risks using a risk assessment approach. Additionally, MATES V includes an exploratory analysis of chronic noncancer health impacts (e.g., cardiovascular, respiratory, neurological health outcomes). The MATES V analysis does not estimate impacts on mortality risk or other health effects from cri teria air pollutant exposures; such analyses are instead conducted as part of the air quality management plans (AQMPs).

Toxic air pollution in the SCAB has decreased by more than 54% between 2012 and 2018 but continues to contribute to health risks, including cancers and other chronic diseases. For residents in the SCAB in 2018, exposure to TACs increased the chances of developing cancer by 455 chances in one million.

In the four zip codes containing the Program Area (92835. 92831, 92832, and 92801), the MATES V monitoring shows a cancer risk of 421, 474, 479, and 474 chances in one million, respectively. Air toxics cancer risk in these zip codes are higher than 39%, 56%, 58%, and 57% of the SCAQMD population, respectively (SCAQMD 2023a).

CalEnviroScreen
CalEnviroScreen is a mapping tool that helps identify California communities that are most affected by many sources of pollution, where people are often especially vulnerable to pollution's effects. CalEnviroScreen ranks census tracts in California based o n potential exposures to pollutants, adverse environmental conditions, socioeconomic factors, and the prevalence of certain health conditions. Data used in the CalEnviroScreen model come from national and state sources.

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The Program Area is not in a disadvantaged community pursuant to Senate Bill 535 (2012), which directs state and local agencies to make investments that benefit California's disadvantaged communities. The Program Area is located in a Low-Income Community pursuant to AB 1550 but is not in a Community Air Protection Program pursuant to AB 617.

The Program Area zip codes (92835. 92831, 92832, and 92801) achieve scores of 10, 10, 23, and 43 on CalEnviroScreen. The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state (see Appendix C).

Healthy Places
The Healthy Places Index (HPI) is a project of the Public Health Alliance of Southern California . The HPI is a policy platform created to advance health equity through open and accessible data. Neighborhood-by-neighborhood, the HPI maps data on social conditions that drive health —like education, job opportunities, clean air and water, and other indicators that are positively associated with life expectancy at birth. Community leaders, policymaker s, academics, and other stakeholders use the HPI to compare th e health and well -being of communities, identify health inequities, and quantify the factors that shape health.

The City has an HPI score of 65.6 (Appendix C). The maximum HPI score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.

4.1.2 Relevant Plans, Policies, and Ordinances
Regulatory oversight for air quality in the SCAB is maintained by EPA at the federal level, CARB at the state level, and SCAQMD at the local level. Applicable laws, regulations, and standards of these three agencies are described in the following subsections.

Federal
Criteria Air Pollutants
The federal Clean Air Act, passed in 1970 and last amended in 1990, forms the basis for the national air pollution control effort. EPA is responsible for implementing most aspects of the Clean Air Act, including the setting of the NAAQS (federal standards) for major air pollutants, hazardous air pollutant (HAP) standards, approval of state attainment plans, motor vehicle emission standards, stationary source emission standards and permits, acid rain control measures, stratospheric O3 protection, and enforcement provisions. Federal standards are established for criteria pollutants under the Clean Air Act, which are O3, CO, NO2, SO2, PM10, PM2.5, and lead.

The federal standards describe acceptable air quality conditions designed to protect the health and welfare of the citizens of the nation. The federal standards (other than for O 3, NO 2, SO2, PM 10, and PM 2.5 and those based on annual averages or arithmetic mean) are not to be exceeded more than once per year. Federal standards for O 3, NO2, SO2, PM10, and PM2.5 are based on statistical calculations over 1- to 3-year periods, depending on the pollutant.

The Clean Air Act requires EPA to reassess the federal st andards at least every 5 years to determine whether adopted standards are adequate to protect public health based on current scientific evidence. States with areas that exceed the federal standards must prepare state implementation plans that demonstrate how those areas will attain the standards within mandated time frames.

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The federal Clean Air Act delegates the regulation of air pollution control and the enforcement of the federal standards to the states. In California, the task of air quality management and regulation has been legislatively granted to CARB, with subsidiary responsibilities assigned to air quality management districts and air pollution control districts at the regional and county levels.

Hazardous Air Pollutants
The 1977 federal Clean Air Act Amendments required EPA to identify national emissions standards for HAPs to protect public health and welfare. HAPs include certain VOCs, pesticides, herbicides, and radionuclides that present a tangible hazard based on scientific studies of exposure of humans and other mammals to these substances .

Under the 1990 federal Clean Air Act Amendments, which expanded the control program for HAPs, 189 substances and chemical families were identified as HAPs.

State
Criteria Air Pollutants
The federal Clean Air Act delegates the regulation of air pollution control and the enforcement of the NAAQS to the states. In California, the task of air quality management and regulation has been legislatively granted to CARB, with subsidiary responsibil ities assigned to air quality management districts and air pollution control districts at the regional and county levels. CARB, which became part of the California Environmental Protection Agency in 1991, is responsible for ensuring implementation of the C alifornia Clean Air Act of 1988, responding to the federal Clean Air Act, and regulating emissions from motor vehicles and consumer products.

CARB has established CAAQS, which are generally more restrictive than the NAAQS. The CAAQS describe adverse conditions; that is, pollution levels must be below these standards before a basin can attain the standard. Air quality is considered “in attainment ” if pollutant levels are continuously below the CAAQS and violate the standards no more than once each year. The CAAQS for O3, CO, SO2 (1-hour and 24-hour), NO2, PM10, PM2.5, and visibility-reducing particles are values that are not to be exceeded. All others are not to be equaled or exceeded.

California air districts have based their thresholds of significance for California Environmental Quality Act (CEQA) purposes on the levels that scientific and factual data demonstrate that the air basin can accommodate without affecting the attainment date for the NAAQS or CAAQS. Since an ambient air quality standard is based on maximum pollutant levels in outdoor air that would not harm the public ’s health, and air district thresholds pertain to attainment of the ambient air quality standard, this means that the thresholds established by air districts are also protective of human health. The NAAQS and CAAQS are presented in Table 4.1-3.

Table 4.1-3. Ambient Air Quality Standards
Pollutant Averaging Time
CAAQS a NAAQS b
Concentration c Primary c,d Secondary c,e
O3 1 hour 0.09 ppm (180 g/m3) N/A Same as primary
standardf 8 hours 0.070 ppm (137 g/m3) 0.070 ppm
(137 g/m3)f
NO2g 1 hour 0.18 ppm (339 g/m3) 0.100 ppm
(188 g/m3)
Same as primary
standard

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Table 4.1-3. Ambient Air Quality Standards
Pollutant Averaging Time
CAAQS a NAAQS b
Concentration c Primary c,d Secondary c,e
Annual arithmetic
mean

0.030 ppm (57 g/m3) 0.053 ppm
(100 g/m3)
CO 1 hour 20 ppm (23 mg/m3) 35 ppm (40 mg/m3) None
8 hours 9.0 ppm (10 mg/m3) 9 ppm (10 mg/m3)
SO2h 1 hour 0.25 ppm (655 g/m3) 0.075 ppm
(196 g/m3)
N/A
3 hours N/A N/A 0.5 ppm
(1,300 g/m3)
24 hours 0.04 ppm (105 g/m3) 0.14 ppm
(for certain areas)g
N/A
Annual N/A 0.030 ppm
(for certain areas)g
N/A
PM10i 24 hours 50 g/m3 150 g/m3 Same as primary
standard Annual arithmetic
mean
20 g/m3 N/A
PM2.5i 24 hours N/A 35 g/m3 Same as primary
standard
Annual arithmetic
mean
12 g/m3 12.0 g/m3 15.0 g/m3
Leadj,k 30-day average 1.5 g/m3 N/A N/A
Calendar quarter N/A 1.5 g/m3
(for certain areas)k
Same as primary
standard
Rolling 3-month
average
N/A 0.15 g/m3
Hydrogen
sulfide
1 hour 0.03 ppm (42 µg/m3) N/A N/A
Vinyl
chloridej
24 hours 0.01 ppm (26 µg/m3) N/A N/A
Sulfates 24 hours 25 µg/m3 N/A N/A
Visibility
reducing
particles
8 hours (10:00 a.m.
to 6:00 p.m. PST)
Insufficient amount to
produce an extinction
coefficient of 0.23 per
kilometer due to particles
when the relative humidity
is less than 70%

N/A N/A
Source: CARB 2016.

Notes: CAAQS = California Ambient Air Quality Standards; NAAQS = National Ambient Air Quality Standards; O3 = ozone; g/m3 = micrograms per cubic meter; N/A = not applicable; ppm = parts per million by volume; NO 2 = nitrogen dioxide; CO = carbon monoxide; mg/m3= milligrams per cubic meter; SO2 = sulfur dioxide; PM10 = coarse particulate matter; PM2.5 = fine particulate matter; PST = Pacific Standard Time.
a CAAQS for O3, CO, SO2 (1-hour and 24-hour), NO2, and suspended particulate matter (PM10, PM2.5, and visibility-reducing particles) are values that are not to be exceeded. All others are not to be equaled or exceeded. CAAQS are listed in the Table of Standa rds in 17 CCR 70200.
b NAAQS (other than O3, NO2, SO2, particulate matter, and those based on annual averages or annual arithmetic mean) are not to be exceeded more than once a year. The O3 standard is attained when the fourth-highest 8-hour concentration measured at each site in a year, averaged over 3 years, is equal to or less than the standard. For PM 10, the 24-hour standard is attained when the

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expected number of days per calendar year with a 24 -hour average concentration above 150 µg/m3 is equal to or less than 1.

For PM2.5, the 24 -hour standard is attained when 98% of the daily concentrations, averaged over 3 years, are equal to or less than the standard.
c Concentration expressed first in units in which it was promulgated. Equivalent units given in parentheses are based upon a reference temperature of 25°C (77°F) and a reference pressure of 760 torr. Most measurements of air quality are to be corrected to a reference temperature of 25°C and a reference pressure of 760 torr; ppm in this table refers to ppm by volume, or micromoles of pollutant per mole of gas.
d Primary NAAQS: The levels of air quality necessary, with an adequate margin of safety to protect the public health. e Secondary NAAQS: The levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant.
f On October 1, 2015, the primary and secondary NAAQS for O3 were lowered from 0.075 ppm to 0.070 ppm g To attain the 1-hour NAAQS, the 3-year average of the annual 98th percentile of the 1-hour daily maximum concentrations at each site must not exceed 100 parts per billion (ppb). Note that the 1 -hour NAAQS is in units of ppb. CAAQS are in units of parts per million (ppm). To directly compare the 1-hour NAAQS to the CAAQS, the units can be converted from ppb to ppm. In this case, the NAAQS of 100 ppb is identical to 0.100 ppm.
h On June 2, 2010, a new 1-hour SO2 NAAQS was established and the existing 24 -hour and annual primary NAAQS were revoked.

To attain the 1-hour NAAQS, the 3-year average of the annual 99th percentile of the 1-hour daily maximum concentrations at each site must not exceed 75 ppb. The 1971 SO2 NAAQS (24-hour and annual) remain in effect until 1 year after an area is designated for the 2010 NAAQS, except that in areas designated nonattainment of the 1971 NAAQS, the 1971 NAAQS remain in effect until implementation plans to attain or maintain the 2010 NAAQS are approved. i On December 14, 2012, the annual PM2.5 primary NAAQS was lowered from 15 g/m3 to 12.0 g/m3. The existing 24-hour PM2.5 NAAQS (primary and secondary) were retained at 35 g/m3, as was the annual secondary NAAQS of 15 μg/m3. The existing 24- hour PM 10 NAAQS (primary and secondary) of 150 g/m3 also were retained. The form of the annual primary and secondary NAAQS is the annual mean, averaged over 3 years.
j CARB has identified lead and vinyl chloride as toxic air contaminants (TACs) with no threshold level of exposure for adverse health effects determined. These actions allow for the implementation of control measures at levels below the ambient concentrations specified for these pollutants.
k The NAAQS for lead was revised on October 15, 2008, to a rolling 3 -month average. The 1978 lead NAAQS (1.5 μg/m 3 as a quarterly average) remains in effect until 1 year after an area is designated for the 2008 NAAQS, except that in areas designated nonattainment for the 1978 NAAQS, the 1978 NAAQS remains in effect until implementation plans to attain or maintain the 2008 NAAQS are approved.

Toxic Air Contaminants
The state Air Toxics Program was established in 1983 under AB 1807. The California TAC list identifies more than 200 pollutants, of which carcinogenic and noncarcinogenic toxicity criteria have been established for a subset of these pollutants pursuant to the California Health and Safety Code. In accordance with AB 2728, the state list includes the (federal) HAPs. In 1987, the legislature enacted the Air Toxics “Hot Spots” Information and Assessment Act of 1987 (AB 2588) to address public concern over the r elease of TACs into the atmosphere. AB 2588 law requires facilities emitting toxic substances to provide local air pollution control districts with information that will allow an assessment of the air toxics problem, identification of air toxics emissions sources, location of resulting hotspots, notification of the public exposed to significant risk, and development of effective strategies to reduce potential risks to the public over 5 years. TAC emissions from individual facilities are quantified and prior itized. “High-priority” facilities are required to perform a health risk assessment and, if specific thresholds are exceeded, the facility operator is required to communicate the results to the public in the form of notices and public meetings.

In 2000, CARB approved a comprehensive Diesel Risk Reduction Plan to reduce diesel emissions from both new and existing diesel-fueled vehicles and engines (CARB 2000). Additional regulations apply to new trucks and diesel fuel, including the On-Road Heavy Duty Diesel Vehicle (In-Use) Regulation, the On-Road Heavy Duty (New) Vehicle Program, the In -Use Off -Road Diesel Vehicle Regulation, and the New Off -Road Compression -Ignition (Diesel) Engines and Equipment Program. These regulations and programs have timetables by which manufacturers must comply and existing operators must upgrade their diesel -powered equipment. There are several Airborne Toxic Control Measures that reduce diesel emissions, including In -Use Off-Road Diesel-Fueled Fleets (13 CCR 2449 et seq.) and In-Use On-Road Diesel-Fueled Vehicles (13 CCR 2025).

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California Health and Safety Code Section 41700
Section 41700 of the California Health and Safety Code states that a person shall not discharge from any source whatsoever quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public; or that endanger the comfort, repose, health, or safety of any of those persons or the public; or that cause, or have a natural tendency to cause, injury or damage to business or property. This section also applies to sources of objectionable odors.

Local
South Coast Air Quality Management District
SCAQMD is the regional agency responsible for the regulation and enforcement of federal, state, and local air pollution control regulations in the SCAB, where the Program site is located. SCAQMD operates monitoring stations in the SCAB, develops rules and regulations for stationary sources and equipment, prepares emissions inventory and air quality management planning documents, and conducts source testing and inspections. SCAQMD’s AQMPs include control measures and strategies to be implemented to attain the NAAQS and CAAQS in the SCAB. SCAQMD then implements these control measures as regulations to control or reduce criteria pollutant emissions from stationary sources or equipment.

The 2022 AQMP was adopted by the SCAQMD governing board on December 2, 2022, and builds on measures already in place from previous AQMPs. It also includes additional strategies, such as regulation, accelerated deployment of available cleaner technologies (e.g., zero emissions technologies and low NOx technologies in other applications), best management practices, co-benefits from existing programs (e.g., climate and energy efficiency programs), incentives, and other Clean Air Act measures to achieve the 2015 8-hour O3 standard (SCAQMD 2022).

The SCAQMD 2022 AQMP applies the Southern California Association of Governments (SCAG) growth forecasts assumed in the 2020–2045 Regional Transportation Plan (RTP)/Sustainable Communities Strategy (SCS) (Connect SoCal) (SCAG 2020). The primary purpose of the 2022 AQMP is to identify, develop, and implement strategies and control measures to meet the 2015 8-hour O3 NAAQS of 70 parts per billion as expeditiously as practicable but no later than the statutory attainment deadline of August 3, 2038, for the SCAB and August 3, 2033, for the Riverside County portion of the Salton Sea Air Basin (SCAQMD 2022).

Potentially Applicable Rules
Emissions that would result from area sources during construction and operation under the proposed Program may be subject to SCAQMD rules and regulations. The SCAQMD rules applicable to the proposed Program may include the following:

Rule 201: Permit to Construct. This rule establishes an orderly procedure for the review of new and modified sources of air pollution through the issuance of permits. Rule 201 specifies that any facility installing nonexempt equipment that causes or controls the emissions of air pollutants must first obtain a permit to construct from SCAQMD (SCAQMD 2004a).

Rule 203: Permit to Operate. This rule requires any projects involving equipment that may cause the issuance of air contaminants, or the use of which may reduce or control the issuance of air contaminants, to obtain a written permit to operate; further, the equipment shall be operated to the conditions specified in the permit to operate (SCAQMD 2004b).

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Rule 401: Visible Emissions. This rule establishes the limit for visible emissions from stationary sources (SCAQMD 2001).

Rule 402: Nuisance. This rule prohibits the discharge of air pollutants from a facility that cause injury, detriment, nuisance, or annoyance to the public or damage to business or property (SCAQMD 1976).

Rule 403: Fugitive Dust. This rule requires projects to implement best available control measures for all fugitive dust sources to ensure all forms of visible particulate matter are prohibited from crossing any property line.

SCAQMD Rule 403 is intended to reduce PM10 emissions from any transportation, handling, construction, or storage activity that has the potential to generate fugitive dust (SCAQMD 2005).

Rule 431.2: Sulfur Content of Liquid Fuel. The purpose of this rule is to limit the sulfur content in diesel and other liquid fuels for the purpose of reducing the formation of SO x and particulates during combustion and enabling the use of add-on control devices for diesel-fueled internal combustion engines. The rule applies to all refiners, importers, and other fuel suppliers, such as distributors, marketers, and retailers, as well as to users of diesel, low-sulfur diesel, and other liquid fuels for stationary-source applications in the district.

The rule also affects diesel fuel supplied for mobile-source applications (SCAQMD 2000).

Rule 1113: Architectural Coatings. This rule requires manufacturers, distributors, and end users of architectural and industrial maintenance coatings to reduce VOC emissions from the use of these coatings, primarily by placing limits on the VOC content of various coating categories (SCAQMD 2016).

Regulation XIV: Toxics and Other Non -Criteria Pollutants. This regulation includes rules that regulate toxics and other non -criteria pollutants. It provides specifications for maximum individual cancer risk, cancer burden, and noncancer acute and chronic hazard index (HI) from new permit units, relocations, or modifications to existing permit units that emit TACs. The rules establish allowable risks for permit units requiring new permits pursuant to Rules 201 or 203 (SCAQMD 2017b).

Southern California Association of Governments
SCAG is the regional planning agency for Los Angeles, Orange, Ventura, Riverside, San Bernardino, and Imperial Counties and serves as a forum for regional issues relating to transportation, the economy, community development, and the environment. SCAG serv es as the federally designated Metropolitan Planning Organization for the Southern California region and is the largest Metropolitan Planning Organization in the United States.

SCAG has developed Connect SoCal, the 2020–2045 RTP/SCS, which is a long-range visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals. Connect SoCal charts a path toward a more mobile, sustainab le, and prosperous region by making connections between transportation networks, planning strategies, and the people whose collaboration can improve the quality of life for Southern Californians. Connect SoCal embodies a collective vision for the region ’s future and is developed with input from local governments, county transportation commissions, tribal governments, non -profit organizations, businesses, and local stakeholders within the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino , and Ventura. The SCAG 2020–2045 RTP/SCS was adopted on September 3, 2020.

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4.1.3 Thresholds of Significance
The significance criteria used to evaluate the Program impacts to air quality are based on Appendix G of the CEQA Guidelines. According to Appendix G of the CEQA Guidelines, a significant impact related to air quality would occur if the Program would:

1. Conflict with or obstruct implementation of the applicable air quality plan.

2. Result in a cumulatively considerable net increase of any criteria pollutant for which the Program region is non-attainment under an applicable federal or state ambient air quality standard.

3. Expose sensitive receptors to substantial pollutant concentrations.

4. Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.

Based on the results of the Initial Study (Appendix A), the Program would result in less than significant impacts related to generating other emissions (such as those leading to odors) adversely affecting a substantial number of people. As such, the following thresholds are evaluated within this section for the Program:

AQ-1. Would the Program conflict with or obstruct implementation of the applicable air quality plan? AQ-2. Would the Program result in a cumulatively considerable net increase of any criteria pollutant for which the Program region is non-attainment under an applicable federal or state ambient air quality standard? AQ-3. Would the Program expose sensitive receptors to substantial pollutant concentrations?

4.1.4 Methodology
As the Fullerton Housing Incentive Overlay Zone could result in a maximum buildout of up to 35,611 units, this Draft EIR does not assess the site -specific construction and operation details of each future development within the Program Area. Rather, it assesses the impacts associated with changes to existing land uses and the associated overall effects of buildout of the Program through 2029, 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 Program development (and its chronologic sequence or concurrence) that may be implemented in the future are speculative.

Therefore, since specifics for construction and operation of future development under the proposed Program are not known, the California Emissions Estimator Model (CalEEMod) default values were assumed based on development land use type and size.

Construction Emissions
To determine if the Program, particularly the land -use changes that would provide for a maximum of 35,611 dwelling units, would exceed the SCAQMD mass daily thresholds, a development scenario was modeled using CalEEMod Version 2022.1.1.21. For purposes of estimating Program emissions, construction is assumed to start in 2024 and have a duration of 5 years, reaching completion in December 2029. While construction specifics for buildout of the Program are not known, the analysis contained herein is based on the first full year of construction (2024), which is the estimated worst-case construction year because equipment and vehicle emission factors for later years would be slightly less due to more stringent standards for off-road equipment and heavy-duty trucks, as

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well as fleet turnover replacing older equipment and vehicles in later years. To estimate a single year of construction, the entire Program buildout land use quantities was scaled by 1 year of construction (i.e., 20 percent of total buildout) and then compressed to a 1 -year period. CalEEMod default values for buildout of 20 percent of the Program was estimated to take approximately 1 6 years; therefore, corresponding construction equipment , worker vehicle trips, and vendor truck trips were multiplied by a factor of 16 to account for the compressed 1-year period (i.e., reducing schedule to one sixteenth and increasing intensity by multiplying the equipment by 16). Worker and vendor trips were similarly multiplied by 1 6. CalEEMod default trip length values were used for the distances for all construction -related trips. The resulting 1 -year construction assumptions are provided for each year of construction (duration of phases is approximate):
▪ Demolition: 13 days
▪ Site Preparation: 8 days
▪ Grading: 19 days
▪ Building Construction: 194 days
▪ Paving: 14 days
▪ Application of Architectural Coatings: 14 days
While only one phase of each type of construction activity is included in the model run, it is anticipated that this model scenario would include construction activity at more than one site within the Program area. Not all future development would require all of the construction phases assumed above; however, the following six default CalEEMod construction phases were included to present the potential range of emissions and capture a potential maximum daily an d annual scenario: demolition, site preparation, grading, building construction, paving, and architectural coating. For example, due to the developed nature of most parcels in the Program Area, many future projects may only require a demolition phase (of existing buildings and asphalt pavement) and minor site preparation phase prior to building construction, while some future projects may require renovation, which would be less intensive (and therefore, less polluting) than a full reconstruction of a development site. In addition, some future projects may not require any demolition, but would require site preparation and/or grading to prepare the site for development. The total Program demolition value of 6,938,186 square feet (as shown in Section 3.0, Project Description) was used to calculate haul truck trips for the Program demolition phases. Due to the speculative nature of the amount of asphalt paving associated with potential future development, VOC off -gassing from asphalt pavement application is not included in the emissions estimates; however, paving phase emissions associated with paving equipment and vehicle trips are captured. Grading quantities are currently not identified; grading is anticipated to be minimal within the Program Area because the Program Area is generally built out, and therefore, it is likely that the majority of grading for the Program Area took place during initial building development. However, to capture potential haul truck trips during the grading phase, it was assumed that 10,000 cubic yards would be exported during the site preparation and grading phases for the 1-year construction scenario.

The construction equipment mix and vehicle trips used for estimating the Program-generated construction emissions are shown in Table 4.1-4, Construction Scenario Assumptions. For the analysis, it was assumed that heavy construction equipment would be operating at the site 5 days per week (22 days per month) during proposed Program construction.5

5 As shown in Table 4.1 -4, most equipment was assumed to operate for up to 8 hours per day. In reality, it is anticipated that equipment would be used for less than 8 hours a day when considering mandated worker breaks and that equipment would only be operated when needed; in addition, it is anticipated that the construction areas are within infill areas, and that not every piece of equipment could be in operation at the same time. Therefore, the equipment usage hours are anticipated to be conservative.

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Table 4.1-4. Construction Scenario Assumptions
Construction Phase
One -Way Vehicle Trips Equipment
Average
Daily
Worker
Trips
Average
Daily
Vendor
Truck
Trips
Total
Haul
Truck
Trips Equipment Type Quantity
Usage
Hours
Demolition 256 32 1,228 Concrete/Industrial Saws 16 8
Excavators 48 8
Rubber Tired Dozers 32 8
Site Preparation 288 32 0 Rubber Tired Dozers 48 8
Tractors/Loaders/
Backhoes 64 8
Grading 320 32 66 Excavators 32 8
Graders 16 8
Rubber Tired Dozers 16 8
Scrapers 32 8
Tractors/Loaders/
Backhoes 32 8
Building Construction 82,048 12,192 0 Cranes 16 7
Forklifts 48 8
Generator Sets 16 8
Tractors/Loaders/
Backhoes 48 7
Welders 16 8
Paving 256 96 0 Pavers 32 8
Paving Equipment 32 8
Rollers 32 8
Architectural Coating 16,400 0 0 Air Compressors 16 6
Notes: See Appendix C, Air Quality and Greenhouse Gas Emissions Modeling, for details.

Any future construction resulting from implementation of the Program would be required to comply with SCAQMD Rule 403 to control dust emissions during any dust -generating activities. SCAQMD Rule 403 requires implementation of various best available fugitive dust control measures for all construction activity sources within its jurisdictional boundaries. Dust control measures include, bu t are not limited to, maintaining stability of soil through pre-watering of site prior to clearing, grubbing, cut and fill, and earth-moving activities; stabilizing soil during and immediately after clearing, grubbing, cut and fill, and other earth -moving activities; stabilizing backfill during handling and at completion of activity; and pre-watering material prior to truck loading and ensuring that freeboard exceeds 6 inches. While SCAQMD Rule 403 require fugitive dust control beyond watering control measures, compliance with Rule 403 is represented in CalEEMod by assuming twice daily watering of active sites (55% reduction in PM10 and PM2.5 [CAPCOA 2022]).

Operational Emissions
To determine if the Program would exceed the SCAQMD mass daily thresholds, the full future potential buildout of the Program, including a maximum increase of 35,611 dwelling units, was modeled using CalEEMod Version 2022.1.1.21. An operational year of 2029 was assumed to provide an estimate of emissions of the anticipated buildout

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of development. In order to take credit for the emissions of the existing land uses, a net operational analysis was conducted. As stated in Section 3.2.2, the existing Program land uses are as follows: approximately 486 parcels contain existing commercial uses with an estimated 4,637,709 square feet of structures on site. Industrial uses within the Planning Area comprise 99 parcels with approximately 2,118,566 square feet of existing structures. Office u ses consist of 2 parcels with a total of 5,471 square feet. Approximately 51 parcels, or 13 acres of land, are identified as vacant land or parking lots. The total number of existing residential units is unknown; however, it is estimated that approximately 176,441 square feet of building area is occupied by residential land uses.

Area Sources
CalEEMod was used to estimate operational emissions from area sources, including emissions from consumer product use, architectural coatings, and landscape maintenance equipment. Emissions associated with natural gas usage in space heating, water heating, and stoves are calculated in the building energy use module of CalEEMod, as described in the following text.

It is assumed that any future residential development resulting from implementation of the proposed Program would not include woodstoves or wood -burning fireplaces, per SCAQMD Rule 445. SCAQMD Rule 445, Wood Burning Devices, states that “no person shall permanently install a wood-burning device into any new development” (SCAQMD 2020). Exemptions to SCAQMD Rule 445 include where there is no existing infrastructure for natural gas service within 150 feet of the property line or those 3,000 or more feet above mean sea level; however, these exemptions are not anticipated to be common per the anticipated parcels under development.

Consumer products are chemically formulated products used by household and institutional consumers, including detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products. Other paint products, furniture coatings, or architectural coatings are not considered consumer products (CAPCOA 202 2). Consumer product VOC emissions are estimated in CalEEMod based on the floor ar ea of residential buildings and on the default factor of pounds of VOC per building square foot per day.

VOC off-gassing emissions result from evaporation of solvents contained in surface coatings such as in paints and primers using during building maintenance. CalEEMod calculates the VOC evaporative emissions from application of residential surface coatings based on the VOC emission factor, the building square footage, the assumed fraction of surface area, and the reapplication rate. The VOC emission factor is based on the VOC content of the surface coatings and CalEEMod default values, which include 50 grams per liter VOC for residential interior and exterior surfaces. SCAQMD’s Rule 1113 (Architectural Coatings) would govern the VOC content for interior and exterior coatings.6 The CalEEMod default reapplication rate of 10% of area per year is assumed.

Landscape maintenance includes fuel combustion emissions from equipment such as lawn mowers, rototillers, shredders/grinders, blowers, trimmers, chain saws, and hedge trimmers. The emissions associated from landscape equipment use are estimated based on Ca lEEMod default values for emission factors (grams per residential dwelling unit per day) and number of summer days (when landscape maintenance would generally be performed) and winter days.

6 SCAQMD Rule 1113 includes a 50 grams per liter VOC content limit for both flat and non-flat coatings, which are the most common coatings for interior and exterior paint applications. Accordingly, the CalEEMod default values applied are generally consist ent with the air district architectural coating rules.

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Energy Sources
As represented in CalEEMod, energy sources include emissions associated with building electricity and natural gas usage. Electricity use would contribute indirectly to criteria air pollutant emissions; however, the emissions from electricity use are only q uantified for greenhouse gas emissions in CalEEMod, since criteria pollutant emissions would occur at the site of power plants. However, natural gas combustion would occur within the Program area itself, in association with equipment that uses natural gas. As such, its use within the Program Area is estimated and modeled in CalEEMod. The natural gas use from residential land uses is calculated in CalEEMod based on the Residential Appliance Saturation Study. For nonresidential buildings, CalEEMod energy intensity values (natural gas usage per square foot per year) assumptions were based on the California Commercial End-Use Survey database.

CalEEMod default values for energy consumption assume compliance with the 2019 Title 24 Building Energy Efficiency Standards.

Mobile Sources
Mobile sources for the development scenario would primarily be motor vehicles (automobiles and light-duty trucks) traveling to and from the parcels developed. Motor vehicles may be fueled with gasoline, diesel, or alternative fuels. The default vehicle mix provided in CalEEMod 2022.1.1.21, which is based on CARB’s Mobile Source Emissions Inventory model (EMFAC) version 2021, was applied for all land use types. Emission factors representing year 2029 were used to estimate emissions associated with the final buildout year associated with implementation of the Program.

Applied trip generation rates for the buildout development scenario are based on the traffic data provided in Section

4.11, Transportation, of this Draft EIR and Institute of Transportation Engineers (ITE) 11th edition trip rates for the proposed land uses. Mid-rise apartments were assumed for all residential land uses. Multifamily units proposed in both general urban/sub -urban and dense multi -use urban areas were used since some of the sites would be developed with a higher density with higher accessibility to transit and/or proximity to employment centers.

4.1.5 Impacts Analysis
Appendix G of the CEQA Guidelines (14 CCR 15000 et seq.) indicates that, where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to determine whether the Program would have a significant impact on air quality. The City uses the SCAQMD thresholds, in accordance with SCAQMD CEQA Air Quality Handbook, Air Quality Analysis Guidance Handbook, and their guidance, to evaluate the potential air quality impacts associated with Program implementation.

SCAQMD has established Air Quality Significance Thresholds, as revised in March 2023, that set forth quantitative emission significance thresholds below which a project would not have a significant impact on ambient air quality, as shown in Table 4.1-5 (SCAQMD 2023b).

Table 4.1-5. SCAQMD Air Quality Significance Thresholds Criter ia Pollutants Mass Daily Thresholds
Pollutant Construction (pounds per day) Operation (pounds per day) VOCs 75 55
NOx 100 55
CO 550 550

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Table 4.1-5. SCAQMD Air Quality Significance Thresholds Criter ia Pollutants Mass Daily Thresholds
SOx 150 150
PM10 150 150
PM2.5 55 55
Leada 3 3
TACs and Odor Thresholds
TACsb Maximum incremental cancer risk 10 in 1 million Cancer Burden > 0.5 excess cancer cases (in areas 1 in 1 million) Chronic and acute hazard index 1.0 (project increment) Odor Program creates an odor nuisance pursuant to SCAQMD Rule 402 Ambient Air Quality Standards for Criteria Pollutants c NO2 1-hour average
NO2 annual arithmetic mean
SCAQMD is in attainment; project is significant if it causes or contributes to an exceedance of the following attainment standards:

0.18 ppm (state)

0.030 ppm (state) and 0.0534 ppm (federal)
CO 1-hour average
CO 8-hour average
SCAQMD is in attainment; project is significant if it causes or contributes to an exceedance of the following attainment standards:
20 ppm (state) and 35 ppm (federal)

9.0 ppm (state/federal)
PM10 24-hour average
PM10 annual average

10.4 g/m3 (construction)d

2.5 g/m3 (operation)

1.0 g/m3
PM2.5 24-hour average 10.4 g/m3 (construction)d

2.5 g/m3 (operation)
Source: SCAQMD 2023b.

Notes: SCAQMD = South Coast Air Quality Management District; VOC = volatile organic compounds; NO x = oxides of nitrogen; CO = carbon monoxide; SOx = sulfur oxides; PM10 = coarse particulate matter; PM 2.5 = fine particulate matter; TAC = toxic air contaminant; NO2 = nitrogen dioxide; ppm = parts per million by volume; g/m3 = micrograms per cubic meter. a The phaseout of leaded gasoline started in 1976. Since gasoline no longer contains lead, the Program is not anticipated to result in impacts related to lead; therefore, it is not discussed in this analysis. b TACs include carcinogens and noncarcinogens.
c Ambient air quality standards for criteria pollutants are based on SCAQMD Rule 1303, Table A-2, unless otherwise stated. d Ambient air quality threshold are based on SCAQMD Rule 403.

The phasing out of leaded gasoline started in 1976. As gasoline no longer contains lead, the development of the Program is not anticipated to result in impacts related to lead; therefore, it is not discussed in this analysis.

AQ-1. Would the Program conflict with or obstruct implementation of the applicable air quality plan? The Program area is within the jurisdiction of the SCAQMD, as detailed above. The applicable air quality plan for the Program Area is the SCAQMD’s 2022 AQMP. The regional emissions inventory for the SCAB is compiled by the SCAQMD and SCAG. The SCAQMD has established criteria for determining consistency with the AQMP in Chapter 12, Sections 12.2 and 12.3 of the SCAQMD’s CEQA Air Qualit y Handbook (SCAQMD 1993). The criteria are as follows:

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▪ Consistency Criterion No. 1: The Program will not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay the timely attainment of air quality standards of the interim emissions reductions specified in the AQMP. ▪ Consistency Criterion No. 2: The Program will not exceed the assumptions in the AQMP or increments based on the year of Program buildout and phase.

Regarding Consistency Criterion No.1, the response to Threshold AQ-2, below, evaluates the potential for the Program to violate any air quality standard or contribute substantially to an existing or projected air quality violation, which applies the SCAQMD mass daily construction and operational thresholds.

As discussed below, based on the construction scenario discussed in Section 4.1.4, it was determined that construction of future development projects from implementation of the Program could potentially exceed the SCAQMD mass daily construction thresholds for VOC, NOx, CO, PM10, and PM2.5, as shown in Table 4.1- 6, below. In addition, the operation of any future development projects, as allowed by the Program, could exceed the SCAQMD mass daily operational thresholds for VOC, NO x, CO, PM 10, and PM 2.5, for full operational buildout of the Program and for a combined construction and operational scenario, as detailed in Table 4.1-7, below.

All future projects would be required to adhere to all existing regulations to protect air quality which include, but are not limited to:
▪ The California Airborne Toxics Control Measure (Title 13, Section 2485 of the California Code of Regulations [CCR]), which requires that construction contractors shall minimize equipment idling times either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes; and
▪ The most recent California Green Building and Standards Code (CALGreen).

Nonetheless, because the total anticipated development associated with implementation of the Fullerton Housing Incentive Overlay Zone could potentially exceed the SCAQMD mass daily regional thresholds, even with implementation of mitigation measures MM -AQ-1 and MM -AQ-2 and compliance with existing regulations, the Program could potentially result in an increase in the frequency or severity of existing air quality violations. As such, the Program would conflict with Consistency Criterion No. 1 of the SCAQMD CEQA Air Quality Handbook.

Regarding Consistency Criterion No. 2, while striving to achieve the NAAQS for O3 and PM2.5 and the CAAQS for O 3, PM 10, and PM 2.5 through a variety of air quality control measures, the 2022 AQMP also accommodates planned growth in the SCAB. Programs are considered consistent with and would not conflict with or obstruct implementation of the 2022 AQMP, if the growth in socioeconomic factors (e.g., population, employment) is consistent with the underlying regional plans used to develop the AQMP (per Consistency Criterion No. 2 of the SCAQMD CEQA Air Quality Handbook).

The SCAQMD primarily uses demographic growth forecasts for various socioeconomic categories (e.g., population, housing, employment by industry) developed by the SCAG for its RTP/SCS (SCAG 2020), which is based on general plans for cities and counties in the SCAB, for the development of the AQMP emissions inventory (SCAQMD 2022). The SCAG 2022 RTP/SCS, and associated Regional Growth Forecast, are generally consistent with the local plans; therefore, the 2022 AQMP is generally consistent with local government plans. Implementation of the Program would facilitate additional population

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growth and additional housing units within the Program Area. Changes in the population, housing, or employment growth projections associated with the Program have the potential to affect SCAG’s demographic projections, and therefore, the assumptions of the SCAQMD’s AQMP. However, development that occurs from implementation of the Program would be consistent with SCAG’s regional goals of providing infill housing, improving the jobs -to-housing balance, and integrating land uses near major transportation corri dors.

However, even with the Fullerton Housing Incentive Overlay Zone goals and policies that are consistent with and support the SCAG’s RTP/SCS goals and policies, it is anticipated that Program implementation could potentially exceed the growth forecasts and change the underlying land use assumptions utilized in the 2022 AQMP. As such the Program would conflict with Consistency Criterion No.2 of the SCAQMD CEQA Air Quality Handbook.

Approval of the Program would not provide any goals, policies, or programs that would significantly conflict with or obstruct implementation of the applicable air quality plan. However, future development resulting from implementation of the Program has the potential to exceed the SCAQMD’s criteria pollutant mass daily thresholds for construction and operations. Therefore, the Program would conflict with Consistency Criterion No. 1. Additionally, the Program would conflict with Consistency Criterion No. 2, as implementation of the Program could exceed the demographic growth forecasts in the SCAG 2020 RTP/SCS. Therefore, Mitigation Measure (MM) -AQ-1 and MM-AQ-2 are included to reduce air quality impacts for short -term construction and operational emissions. Additionally, MM-AQ-3 has been included to ensure that the City shall prepare a revised population, employment and housing forecast for SCAG that reflects anticipated growth generated from the proposed Program. The updated forecast provided to SCAG shall be used to inform the SCAQMD’s update to the Regional Air Quality Strategy and State Implementation Plan. However, these measures do not ensure that all impacts from future development projects would be mitigated to a level of less than significant. As such, even with implementation of existing regulations, applicable Fullerton Housing Incentive Overlay Zone goals and policies, and MM-AQ-1, MM-AQ-2, and MM-AQ-3, potential impacts related to the Program’s potential to conflict with or obstruct implementation of the applicable air quality plan would be significant and unavoidable.

AQ-2. Would the Program result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? For the reasons discussed below, even with the implementation of MM-AQ-1 and MM-AQ-2, the Program could result in a cumulatively considerable net increase of criteria pollutants for which the Program region is non-attainment under an applicable federal or state ambient air quality standard, and impacts would be significant and unavoidable.

Construction Emissions
Construction activities resulting from potential future projects developed under Program implementation would result in the temporary addition of pollutants to the local airshed caused by on-site sources (i.e., off- road construction equipment, soil disturbance, and VOC off-gassing from architectural coatings and asphalt pavement application) and off -site sources (i.e., on -road haul trucks, delivery trucks, and worker vehicle trips). Construction emissions can vary substantially from day to day, depending on the level of activity, the specific type of operation, and, for dust, the prevailing weather conditions. Therefore, such emissions levels can only be estimated, with a corresponding uncertainty in precise ambient air quality impacts.

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While the exact number and timing of individual development projects and infrastructure improvements that could occur as a result of implementation of the Program are unknown at this time, construction activities associated with future development facilitated by the Program would generate criteria air pollutant emissions from the on - and off-site sources described above. Entrained dust results from the exposure of earth surfaces to wind from the direct disturbance and movement of soil, resulting in PM10 and PM2.5 emissions. Construction of future development would be required to comply with SCAQMD Rule 403 to control dust emissions generated during the grading activities, which was assumed in the quantification of Program emissions, detailed below. Internal combustion engines used by construction equipment, haul trucks, vendor trucks (i.e., delivery trucks), and worker vehicles would result in emissions of VOCs, NOx, CO, PM10, and PM2.5. The application of architectural coatings, such as exterior application/ interior paint and other finishes, and application of asphalt pavement would also produce VOC emissions; however, the contractor is required to procure architectural coatings from a supplier in compliance with the requirements of SCAQMD Rule 1113. Due to the speculative nature of the amount of asphalt paving associated with any future development resulting from the Program, VOC off-gassing from asphalt pavement application is not included in the emissions estimates.

As discussed in the Construction Emissions subsection in Section 4.1.4, Methodology, to provide a conservative scenario of potential construction activity as a result of the Program, this analysis assumes that 20 percent of the Program would be developed within one year (i.e., 1 year of 5 years, which is the estimated buildout of the Program, is 20 percent). Construction emissions were calculated for the estimated worst-case day over the construction period associated with each phase and reported as the maximum daily emissions estimated during construction of the eight percent development scenario. Due to the speculative nature of construction, CalEEMod default values were relied upon for the assumed land use type and size, with minor exceptions, as detailed in Section 4.1.4.

Table 4.1-6, Estimated Maximum Daily Construction Criteria Air Pollutant Emissions, presents the estimated maximum daily construction emissions generated during construction of the eight percent construction scenario, for the first year of construction. Details of the emission calculations are provided in Appendix C.

Table 4.1-6. Estimated Maximum Daily Construction Criteria Air Pollutant Emissions Year
VOC NO x CO SO x PM 10 PM 2.5
Pounds per day
1 Year of Construction
(20 percent of total
construction)
3,060.62 1,816.72 5,156.94 9.13 1,182.74 283.40
SCAQMD Threshold 75 100 550 150 150 55
Threshold Exceeded? Yes Yes Yes No Yes Yes
Notes: VOC = volatile organic compound; NOx = oxides of nitrogen; CO = carbon monoxide; SOx = sulfur oxides; PM10 = particulate matter with an aerodynamic diameter equal to or less than 10 microns ; PM2.5 = particulate matter with an aerodynamic diameter equal to or less than 2.5 microns; SCAQMD = South Coast Air Quality Management District See Appendix C for complete results.

The values shown are the maximum summer or winter daily emissions results from CalEEMod and provided in Appendix C.

The estimates reflect control of fugitive dust (watering two times daily) required by SCAQMD Rule 403.

As shown in Table 4.1-6, although construction -related SO x, emissions would not exceed the SCAQMD thresholds during the construction of the 20 percent construction scenario, the Program would exceed the SCAQMD mass daily threshold for VOCs, NOx, CO, PM10 and PM2.5 during construction. Therefore, impacts related to exceedance of SCAQMD mass daily regional thresholds during construction of the Program would

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be potentially significant. All projects would be required to adhere to all existing regulations during construction to protect air quality which include, but are not limited to:
▪ The California Airborne Toxics Control Measure (Title 13, Section 2485 of the California Code of Regulations [CCR]), which requires that construction contractors minimize equipment idling times either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes; and ▪ The most recent California Green Building and Standards Code (CALGreen).

These regulations would minimize potentially significant impacts. However, mitigation is required to address potentially significant impacts. Implementation of MM-AQ-1, Construction Emissions, would reduce NOx and PM emissions from equipment exhaust and PM emissions associated with fugitive dust. MM-AQ-1 includes measures such as requiring off -road equipment with engines rated at 50 horsepower or greater use be Tier 4 Final, and specific watering requirements at construction sites. However, due to the natur e of the Program, the accuracy of the reductions that would be realized from MM-AQ-1 is not able to be accurately quantifiable. Further, MM-AQ-1 does not ensure that all impacts from future development projects would be mitigated to a level of less than significant. As such, even with implementation of existing regulations and MM-AQ-1, potential impacts related to short -term construction emissions would be significant and unavoidable.

Operational Emissions
Operation of the Program, due to future development within the Program area, could potentially generate VOC, NO x, CO, SO x, PM 10, and PM 2.5 emissions from mobile sources, including vehicular traffic; energy sources from natural gas usage; area sources, including the use of landscaping equipment and consumer products; and from architectural coatings. As discussed in the Operational Emissions subsection of Section

4.1.4, pollutant emissions associated with long -term operations were quantified using CalEEMod using a combination of Program-specific information (i.e., land use inputs and trip rates) and CalEEMod default values for the buildout of the Program.

The SCAQMD does not provide emission -based thresholds or provide guidance on how to evaluate large area projects and programmatic development such as the Program. To provide a conservative analysis of indirect emissions associated with buildout of the Program, emissions from full buildout of the Program are compared to the SCAQMD’s project -level emission-based daily thresholds. Furthermore, because of the potential for Program construction to overlap with operation of portions of the Program, construction emissions from Table 4.1-6 are added to operational emissions in Table 4.1-7, below.

Table 4.1-7, Estimated Combined Construction and Operational Criteria Air Pollutant Emissions, presents the maximum daily area, energy, and mobile emissions associated with total operational buildout of the Program as compared to the SCAQMD’s thresholds , with a net analysis that takes the removal of the existing land uses into account . The SCAQMD operational thresholds are expressed as mass daily thresholds in pounds per day. Details of the emission calculations are provided in Appendix C.

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Table 4.1-7. Estimated Combined Construction and Operational Criteria Air Pollutant Emissions
Estimated Maximum Daily Operational Emissions for Program Implementation Emission Source
VOC NO x CO SO X PM 10 PM 2.5
Pounds per day
Program
Area 107.93 79.81 897.31 2.45 246.87 63.57
Energy 199.31 106.33 450.37 0.70 8.78 8.74
Mobile 1.17 19.97 8.50 0.13 1.61 1.61
Total 308.41 206.11 1,356.18 3.28 257.27 73.92
Combined Construction and Operational Emissions (Worst -Case) Construction Emissions
(Table 4.1-6)

3,060.62 1,816.72 5,156.94 9.13 1,182.74 283.40
Operational Emissions (above) 308.41 206.11 1,356.18 3.28 257.27 73.92 Combined Construction and
Operation Emissions
3,369.03 2,022.83 6,513.12 12.41 1,440.01 357.32
Existing Land Uses
Area 561.87 316.04 3,323.34 7.98 788.57 203.29
Energy 220.26 3.46 350.51 0.18 7.15 6.78
Mobile 1.24 22.43 18.63 0.13 1.71 1.71
Total 783.36 341.94 3,692.47 8.30 797.42 211.78
Net Total Construction and
Operation Emissions (with
Existing Land Use Reduction)
2,585.67 1,680.89 2,820.65 4.11 642.59 145.54
SCAQMD Operational Threshold 55 55 550 150 150 55
Threshold Exceeded? Yes Yes Yes No Yes Yes
Notes: VOC = volatile organic compound; NOx = oxides of nitrogen; CO = carbon monoxide; SOx = sulfur oxides; PM10 = particulate matter with an aerodynamic diameter equal to or less than 10 microns ; PM2.5 = particulate matter with an aerodynamic diameter equal to or less than 2.5 microns; SCAQMD = South Coast Air Quality Management.

The values shown are the maximum summer or winter daily emissions results from CalEEMod and provided in Appendix C.

See Appendix C for complete results.

As shown in Table 4.1-7, maximum daily operational emissions from full buildout of the Program would exceed the SCAQMD daily significance thresholds for VOC, NO x, CO , PM10, and PM 2.5. In addition, the combined construction and operational emissions would exceed the SCAQMD’s operational emissions threshold for all criteria pollutants except for SO x,, even when a net analysis to account for the emissions of existing land uses is included. Therefore, impacts regarding cumulatively considerable net increases of any criteria pollutant for which the Program region is non-attainment would be potentially significant.

By its nature, air pollution is largely a cumulative impact. The nonattainment status of regional pollutants is a result of past and present development (such as the cumulative emissions from various sources of air pollutants and their precursors within th e SCAB, including motor vehicles, off -road equipment, and commercial and industrial facilities), and the SCAQMD develop and implement plans for future attainment of ambient air quality standards. Based on these considerations, project-level thresholds of significance for

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criteria pollutants are used in the determination of whether a project’s individual emissions would have a cumulative contribution on air quality. If a project’s emissions would exceed the applied significance thresholds, it would have a cumulative contrib ution. Conversely, projects that do not exceed the project - specific thresholds are generally not considered to be cumulatively significant (SCAQMD 2003a).

As described in Threshold AQ-1, implementation of the Program’s proposed land use changes would allow for more dense development in the Program Area than is currently allowed under existing conditions. In considering cumulative impacts from the development allowed for by the Program, the analysis must specifically evaluate a project’s contribution to the cumulative increase in pollutants for which the SCAB is designated as nonattainment for the CAAQS and NAAQS. As discussed in Section 4.1.1, the SCAB has been designated as a national nonattainment area for O 3 and PM 2.5, and a California nonattainment area for O3, PM10, and PM2.5. Due to the speculative nature of construction and since the size of development of each individual project is unknown, development of the Program may result in a cumulatively considerable increase in emissions of criteria air pollutants for which the SCAB is designated as nonattainment under the NAAQS or CAAQS.

Cumulative localized impacts would potentially occur if construction associated with the development future development facilitated by the Program were to occur concurrently with another construction project or with another off -site, unrelated project. In addition to the speculative nature of the Program implementation, construction schedules for potential future projects unrelated to the Program are currently unknown; therefore, potential construction impacts associated with two or more simultaneous projec ts would be considered speculative. Criteria air pollutant emissions associated with construction activity of future projects would be reduced through implementation of control measures required by the SCAQMD, as applicable. For example, cumulative PM 10 and PM2.5 emissions would be reduced because all future projects would be subject to SCAQMD Rule 403, which sets forth general and specific requirements to control fugitive dust at all construction sites in the SCAB. In addition, cumulative VOC emissions would be subject to SCAQMD Rule 1113, which regulate VOC limits in architectural coatings. Additional SCAQMD rules that future cumulative projects would be required to comply with are discussed in Section 4.1.2, Local.

Due to the nature of the Program, the accuracy of the reductions that would be realized from MM-AQ-2 is not able to be accurately quantifiable. Further, MM-AQ-2 does not ensure that all impacts from future development projects would be mitigated to a level of less than significant. As such, even with implementation of existing regulations, applicable Program goals and policies, and MM-AQ-2, potential impacts related to operational emissions would be significant and unavoidable.

Health Effects
Currently, the SCAQMD, CARB, and EPA have not approved a quantitative method to reliably, meaningfully, and consistently translate the mass emission estimates for the criteria air pollutants resulting from the development of the Program to specific health effects. In addition, there are numerous scientific and technological complexities associated with correlating criteria air pollutant emissions from an individual project to specific health effects or potential additional nonattainment days.

In connection with the judicial proceedings culminating in issuance of the Friant Ranch decision, the SCAQMD and the San Joaquin Valley Air Pollution Control District (SJVAPCD) filed amicus briefs attesting to the extreme difficulty of correlating an individual project’s criteria air pollutant emissions to specific health impacts. Both SJVAPCD and SCAQMD have among the most sophisticated air quality modeling and health

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impact evaluation capabilities of the air districts in California. The key, relevant points from the SCAQMD and SJVAPCD briefs are summarized herein for informational purposes.

In requiring a health impact type of analysis for criteria air pollutants, it is important to understand how O3 and PM are formed, dispersed, and regulated. The formation of O3 and PM in the atmosphere, as secondary pollutants,7 involves complex chemical and physical interactions of multiple pollutants from natural and anthropogenic sources. The O 3 reaction is self -perpetuating (or catalytic) in the presence of sunlight because NO2 is photochemically reformed from nitric oxide. In this way, O 3 is controlled by both NO x and VOC emissions (NRC 2005). The complexity of these interacting cycles of pollutants means that incremental decreases in one emission may not result in proportional decreases in O 3 (NRC 2005). Although these reactions and interactions are well understood, variability in emission source operations and meteorology creates uncertainty in the modeled O 3 concentrations to which downwind populations may be exposed (NRC 2005). Once formed, O3 can be transported long distances by wind, and due to atmospheric transport, contributions of precursors from the surrounding region can also be important (EPA 2008). Because of the complexity of O3 formation, a specific tonnage amount of VOCs or NOX emitted in a particular area does not equate to a particular concentration of O 3 in that area (SJVAPCD 2015). PM can be divided into two categories: directly emitted PM and secondary PM. Secondary PM, like O3, is formed via complex chemical reactions in the atmosphere between precursor chemicals such as SOx and NOx (SJVAPCD 2015). Because of the complexity of secondary PM formation, including the potential to be transported long distances by wind, the tonnage of PM-forming precursor emissions in an area does not necessarily result in an equivalent concentration of secondary PM in that area (SJVAPCD 2015). This is especially true for individual projects, where project-generated criteria air pollutant emissions are not derived from a single "point source," but from construction equipment and mobile sources (passenger cars and trucks) driving to, from, and around the project site.

Another important technical nuance is that health effects from air pollutants are related to the concentration of the air pollutant that an individual is exposed to, not necessarily the individual mass quantity of emissions associated with an individual pr oject. For example, health effects from O 3 are correlated with increases in the ambient level of O3 in the air a person breathes (SCAQMD 2015). However, it takes a large amount of additional precursor emissions to cause a modeled increase in ambient O3 levels over an entire region (SCAQMD 2015). The lack of link between the tonnage of precursor pollutants and the concentration of O3 and PM2.5 formed is important because it is not necessarily the tonnage of precursor pollutants that causes human health effects; rather, it is the concentration of resulting O3 that causes these effects (SJVAPCD 2015). Indeed, the ambient air quality standards, which are statutorily required to be set by EPA at levels that are requisite to protect the public health, are established as concentrations of O3 and PM2.5 based on duration of exposure and not as tonnages of their precursor pollutants (EPA 20 23b).

Because the ambient air quality standards are focused on achieving a particular concentration region-wide, the tools and plans for attaining the ambient air quality standards are regional in nature. For CEQA analyses, project-generated emissions are typically estimated in pounds per day or tons per year and compared to mass daily or annual emission thresholds. While CEQA thresho lds are established at levels that the air basin can accommodate without affecting the attainment date for the ambient air quality standards, even if a project exceeds established CEQA significance thresholds, this does not mean that one can easily determine the concentration of O3 or PM that will be created at or near the project site on a particular day or month of the year, or what specific health impacts will occur (SJVAPCD 2015).

7 Air pollutants formed through chemical reactions in the atmosphere are referred to as secondary pollutants.

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In regard to regional concentrations and air basin attainment, the SJVAPCD emphasized that attempting to identify a change in background pollutant concentrations that can be attributed to a single project, even one as large as the entire Friant Ranch Speci fic Plan, is a theoretical exercise. The SJVAPCD brief noted that it “would be extremely difficult to model the impact on NAAQS attainment that the emissions from the Friant Ranch project may have” (SJVAPCD 2015). The situation is further complicated by th e fact that background concentrations of regional pollutants are not uniform either temporally or geographically throughout an air basin but are constantly fluctuating based upon meteorology and other environmental factors. SJVAPCD noted that the currently available modeling tools are equipped to model the impact of all emission sources in the San Joaquin Valley Air Basin on attainment (SJVAPCD 2015). The SJVAPCD brief then indicated that, “Running the photochemical grid model used for predicting O 3 attainment with the emissions solely from the Friant Ranch project (which equate to less than one-tenth of one percent of the total NO x and VOC in the Valley) is not likely to yield valid information given the relative scale involved” (SJVAPCD 2015).

SCAQMD and SJVAPCD have indicated that it is not feasible to quantify project-level health impacts based on existing modeling (SCAQMD 2015; SJVAPCD 2015). Even if a metric could be calculated, it would not be reliable because the models are equipped to mod el the impact of all emission sources in an air basin on attainment and would likely not yield valid information or a measurable increase in O 3 concentrations sufficient to accurately quantify O3-related health impacts for an individual project.

Nonetheless, following the Supreme Court’s Friant Ranch decision, some EIRs estimated criteria air pollutant emissions that exceeded applicable air district thresholds and have included a quantitative analysis of potential project-generated health effects using a combination of a regional photochemical grid model8 and the EPA Benefits Mapping and Analysis Program (BenMAP or BenMAP –Community Edition).9 The publicly available health impact assessments (HIAs) typically present results in terms of an increase in health incidences and/or the increase in background health incidence for various health outcomes resulting from the project’s estimated increase in concentrations of O3 and PM 2.5.10 The five publicly available HIAs reviewed herein have concluded that the evaluated project’s health effects associated with the estimated project-generated increase in concentrations of O3 and PM2.5 represent a small increase in incidences and a very small percentage of the number of background incidences, indicating that these health impacts are negligible and potentially within the models’ margin of error. It is also important to note that while th e results of the five available HIAs conclude that the project emissions do not result in a

8 The first step in the publicly available HIAs includes running a regional photochemical grid model , such as the Community Multiscale Air Quality model or the Comprehensive Air Quality Model with extensions to estimate the increase in concentration s of O3 and PM2.5 as a result of project-generated emissions of criteria and precursor pollutants. Air districts, such as the SCAQMD, use photochemical air quality models for regional air quality planning. These photochemical models are large -scale air quality models that simulate the changes of pollutant concentrations in the atmosphere using a set of mathematical equations characterizing the chemical and physical processes in the atmosphere (EPA 2017). 9 After estimating the increase in concentrations of O3 and PM2.5, the second step in the five examples includes use of BenMAP or BenMAP-Community Edition to estimate the resulting associated health effects. BenMAP estimates the number of health incidences resulting from changes in air pollution concentrations (EPA 2023c). The health impact function in BenMAP-Community Edition incorporates four key sources of data: (i) modeled or monitored air quality changes, (ii) population, (iii) baseline incidence rates, and (iv) an effect estimate. All of the five example HIAs focused on O3 and PM2.5. 10 The following CEQA documents included a quantitative HIA to address Friant Ranch: (1) California State University Dominguez Hills 2018 Campus Master Plan EIR (CSU Dominguez Hills 2019), (2) March Joint Powers Association K4 Warehouse and Cactus Channel Improvements EIR (March JPA 2019), (3) Mineta San Jose Airport Amendment to the Airport Master Plan EIR (City of San Jose 2019), (4) City of Inglewood Basketball and Entertainment Center Program EIR (City of Inglewood 2019), and (5) San Diego State University Mission Valley Campus Master Plan EIR (SDSU 2019).

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substantial increase in health incidences, the estimated emissions and assumed toxicity are also conservatively inputted into the HIA and thus, overestimate health incidences, particularly for PM2.5.

As explained in the SJVAPCD brief and noted previously, running the photochemical grid model used for predicting O3 attainment with the emissions solely from an individual project like the Friant Ranch project or the Program is not likely to yield valid information given the relative scale involved. The five examples reviewed support the SJVAPCD’s brief contention that consistent, reliable, and meaningful results may not be provided by methods applied at this time. Accordingl y, additional work in the indust ry and, more importantly, air district participation, is needed to develop a more meaningful analysis to correlate project- level mass criteria air pollutant emissions and health effects for decision makers and the public.

Furthermore, at the time of writin g, no HIA has concluded that health effects estimated using the photochemical grid model and BenMAP approach are substantial, provided that the estimated project - generated incidences represent a very small percentage of the number of background incidences, potentially within the models’ margin of error.

As described in response to Threshold 4.1-1, development projects accommodated as a result of Program implementation would result in physical impacts to the environment. Thus, construction criteria air pollutant emissions from potential development projects allowed for by the Program could potentially exceed the SCAQMD mass daily thresholds for VOC and NOx.

VOCs and NO x are precursors to O 3, for which the Program area within the SCAB are designated as nonattainment with respect to the NAAQS and CAAQS. The health effects associated with O3 are generally associated with reduced lung function. The contribution of reactive organic gases and NO x to regional ambient O3 concentrations is the result of complex photochemistry. The increases in O3 concentrations in the SCAB due to O3 precursor emissions tend to be found downwind from the source location to allow time for the photochemical reactions to occur. However, the potential for exacerbating excessive O 3 concentrations would also depend on the time of year that the VOC emissions would occur because exceedances of the O 3 CAAQS/NAAQS tend to occur between April and October when solar radiation is highest. The holistic effect of a single project’s emissions of O3 precursors is speculative due to the lack of quantitative methods to assess this impact. Nonetheless, because VOC and NOx emissions associated with Program construction and operation would exceed the SCAQMD thresholds, it could contribute to regional O3 concentrations and the associated health effects.

Health effects that result from NO 2 and NOx include respiratory irritation. Although construction of future development allowed for under the Program may generate NOx emissions that could exceed the SCAQMD mass daily thresholds, itis not anticipated to contribute to exceedances of the NAAQS and CAAQS for NO 2 because the SCAB are designated as in attainment of the NAAQS and CAAQS for NO2 and the existing NO2 concentrations in the area are well below the NAAQS and CAAQS standards. As noted above, the Program, would exceed the applicable SCAQMD NOx thresholds during construction and operation of the Program. In addition, because there is the potential for nearby receptors to be affected by off -road construction equipment, the construction of individual parcels could result in potential health effects associated with NO2 and NOx during construction.

CO tends to be a localized impact associated with congested intersections. The associated potential for CO hotspots is discussed in response to Threshold 4.1-3, below, and is determined to be a less-than-significant impact. Furthermore, the existing CO concentrations in the area are well below the NAAQS and CAAQS standards. However, operation of the developments allowed for by the Program would generate CO

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emissions that would exceed the SCAQMD CO thresholds during construction and operation. Therefore, CO emissions from implementation of the Program could potentially contribute to significant health effects associated with this pollutant.

Operation of total future buildout under the Program would exceed the SCAQMD threshold for PM 10 and PM2.5. While construction is temporary, construction of the development allowed for by the Program would also exceed the SCAQMD thresholds for PM10 and PM2.5 and could contribute to exceedances of the NAAQS and CAAQS for particulate matter or could obstruct the SCAB from coming into attainment for these pollutants. Nonetheless, SCAQMD Rule 403, Fugitive Dust, would limit the amount of fugitive dust generated during development allowed for by the Program, and implementation of MM-AQ-1 would provide further fugitive dust control measures for applicable projects implemented within the Program area.

Nevertheless, the Program has the potential to contribute a substantial amount of particulate matter during future construction of development projects, which could result in health effects associated with PM 10 and/or PM2.5.

In summary, because future projects would exceed the SCAQMD thresholds for VOC, NO x, CO, PM 10, and PM2.5, the potential health effects associated with criteria air pollutants are considered significant.

However, there are numerous scientific and technological complexities associated with correlating criteria air pollutant emissions from an individual project to specific health effects or potential additional nonattainment days, and there are currently no modeling tools that could provide reliable and meaningful additional information regarding health effects from criteria air pollutants generated by individual projects within the SCAQMD jurisdiction. Furthermore, for purposes of this conservative CEQA analysis, it is assumed that the additional development would be developed by 2029; however, full buildout may not occur within this time period and the intensity and spatial development within this period is unknown. For these reasons, conducting a HIA may not yield accurate results and would likely overestimat e health effects associated with the Program. In summary, even with implementation of existing regulations and MM-AQ-1, the Program has the potential to violate air quality standard or contribute substantially to an existing or projected air quality violation and the health effects associated with criteria air pollutants, and impacts would be significant and unavoidable.

AQ-3. Would the Program expose sensitive receptors to substantial pollutant concentrations? For the reasons discussed below, the Program could expose sensitive receptors to substantial pollutant concentrations, and impacts would be significant and unavoidable.

Localized/Ambient Air Quality
Construction activities associated with future development allowed by the Program would result in temporary sources of construction equipment emissions and on -site fugitive dust. For project-specific development, the SCAQMD recommends an LST analysis to evaluate the potential of localized air quality impacts to sensitive receptors in the immediate vicinity of construction; however, the LSTs are applicable to projects at the project-specific level and are not applicable to regional projects such as the Program, because specific projects are speculative at this time. Specifically, SCAQMD guidance for LST application recommends application of the methodology for project sites that are 5 acres or smaller (SCAQMD 2008). Accordingly, construction LST guidance is not recommended or provided herein.

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Health Effects of Carbon Monoxide
Mobile source impacts occur on two scales. Regionally, Program-related travel would add to regional trip generation and increase the VMT within the local airshed and the SCAB. Locally, traffic generated by the future residential development facilitated by the Program would be added to the local roadway system near those areas. If such traffic occurs during periods of poor atmospheric ventilation, is composed of a large number of vehicles cold-started and operating at pollution-inefficient speeds, and is operating on roadways already crowded with non-Program traffic, there is a potential for the formation of microscale CO hotspots in the area immediately around points of congested traffic. However, because of continued improvement in vehicular emissions at a rate faster than the rate of vehicle growth and/or congestion, the potential for CO hotspots in the SCAB is steadily decreasing.

At the time that the SCAQMD Handbook (1993) was published, the SCAB was designated nonattainment under the CAAQS and NAAQS for CO. In 2007, the SCAQMD was designated in attainment for CO under both the CAAQS and NAAQS as a result of the steady decline in C O concentrations in the SCAB due to turnover of older vehicles, introduction of cleaner fuels, and implementation of control technology on industrial facilities. The SCAQMD conducted CO modeling for the 2003 AQMP 11 (SCAQMD 2003b) for the four worst-case intersections in the SCAB: (1) Wilshire Boulevard and Veteran Avenue, (2) Sunset Boulevard and Highland Avenue, (3) La Cienega Boulevard and Century Boulevard, and (4) Long Beach Boulevard and Imperial Highway. At th e time the 2003 AQMP was prepared, the intersection of Wilshire Boulevard and Veteran Avenue was the most congested intersection in the county, with an average daily traffic volume of about 100,000 vehicles per day. Using CO emission factors for 2002, the peak modeled CO 1 -hour concentration was estimated to be 4.6 ppm at the intersection of Wilshire Boulevard and Veteran Avenue.

When added to the maximum 1 -hour CO concentration from 2020 through 2022 within the county (see Table 4.1-2), which was 2.4 ppm in 2020 and 2022, the 1-hour CO would be 7.0 ppm, while the CAAQS is 20 ppm.

The 2003 AQMP also projected 8 -hour CO concentrations at these four intersections for 1997 and from 2002 through 2005. From years 2002 through 2005, the maximum 8-hour CO concentration was 3.8 ppm at the Sunset Boulevard and Highland Avenue intersection in 2002; the maximum 8-hour CO concentration was 3.4 ppm at the Wilshire Boulevard and Veteran Avenue in 2002. Adding the 3.8 ppm to the maximum 8-hour CO concentration from 2020 through 2022 within the county (see Table 4.1-2), which was 2.0 ppm in 2020, the 8-hour CO would be 5.8 ppm, while the CAAQS is 9.0 ppm.

Accordingly, CO concentrations at congested intersections would not exceed the 1-hour or 8-hour CO CAAQS unless projected daily traffic would be at least over 100,000 vehicles per day. While intersection volumes are not available for every intersection within the City area, as discussed in Section 4.11, Transportation, of this Draft EIR, implementation the Program would result in a regional decrease in vehicle trips and VMT.

Accordingly, it is not anticipated that the Program would result in a new congested intersection or substantially exacerbate conditions at congested intersections, nor it is anticipated that the Program would increase volume at any given intersection to more than 100,000 vehicles per day. Therefore, a CO hotspot is not anticipated to occur based on potential future residential development facilitated by the Program.

Impacts associated with CO hotspots would be less than significant.

11 SCAQMD’s CO hotspot modeling guidance has not changed since 2003.

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Toxic Air Contaminants - Construction
The Program could result in TAC exposure to existing or future sensitive land uses during construction.

Diesel equipment would be subject to the CARB airborne toxic control measures for in -use off-road diesel fleets, which would minimize DPM emissions, including an airborne toxic control measure to limit idling of diesel-fueled commercial vehicles, which requires diesel-fueled vehicles with gross vehicle weights greater than 10,000 pounds to idle no more than 5 minutes at any location (13 CCR 2485). However, the level of potential emissions in relation to the location of sensitive receptors cannot be estimated with a level of accuracy. As such, the potential health risk of exposing sensitive receptors to construction-generated TAC emissions, primarily DPM, w ould be potentially significant. Even with implementation of MM-AQ-1, Construction Emissions, the Program impacts would remain significant and unavoidable because at this level of review, the exact location, orientation, number and timing of individual development projects and/or infrastructure improvements that could occur as a result of implementation of the Program are unknown.

Further, MM-AQ-1 does not ensure that all impacts from future development projects would be mitigated to a level of less than significant. As such, even with implementation of existing regulations, applicable Program goals and policies, and MM-AQ-1, potential impacts related to exposure to substantial pollutant concentrations during construction activities associated with future development projects would be significant and unavoidable.

Toxic Air Contaminants - Operation
The Program is a residential development. Operation of the Program would not result in any non-permitted direct emissions (e.g., those from a point source such as diesel generators)12 or in a substantial increase in diesel vehicles (i.e., delivery trucks greater than 100 per day). Additionally, the 2019 Title 24 Standards, as carried forward in the 2022 Title 24 standards, require Minimum Efficiency Reporting Value (MERV) 13 air filters in new construction which help to capture outdoor air particles. MERV 13 filters have been demonstrated to remove approximately 90% of particulate matter from intake air (Singer et al. 2016) and, therefore, would result in a substantial reduction in heal th risk to on -site sensitive receptors. Thus, the Program would not result in a long-term (i.e., 9-year, 30-year, or 70-year) operational source of TAC emissions.

MM-AQ-2, Operational Emissions, includes requirements for new projects to reduce pollutant emissions during long-term operations, including compliance with SCAQMD rules as well as adherence to engine emission standards, electrical infrastructure and panels for tr ucks, and avoidance of queuing and traffic near sensitive receptors. However, MM-AQ-2 does not ensure that all impacts from future development projects would be mitigated to a level of less than significant. As such, even with implementation of existing regulations, applicable Program goals and policies, and MM-AQ-2, potential impacts related to exposure to substantial pollutant concentrations during long -term operations associated with future development projects would be significant and unavoidable.

4.1.6 Mitigation Measures
MM-AQ-1 Construction Emissions. If during subsequent project -level environmental review, construction - related criteria air pollutants are determined to have the potential to exceed SCAQMD’s

12 Stationary sources result in on -site emissions and could generate TAC emissions; however, during the SCAQMD permitting process, an HRA would be performed and control measures would be implemented if required to r educe potential impacts to sensitive receptors.

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construction mass daily thresholds, the City shall require applicants for new projects that exceed those thresholds to incorporate appropriate measures to reduce or minimize air pollutant emissions during construction activities. New projects are required to comply with all applicable SCAQMD rules and regulations, including but not limited to Rule 403 (Fugitive Dust), Rule 1113 (Architectural Coatings), and Rule 1403 (Asbestos Emissions from Demolition/Renovation Activities). Additional measures for project s that exceed SCAQMD’s construction mass daily thresholds may include, but are not limited to, the following:
▪ Off-Road construction equipment with engines that are 50 horsepower or greater shall be rated by the USEPA as having Tier 4 emission limits or better (whichever is the cleanest technology available at time of project development). If it can be demonstrated to the City that such equipment is not commercially available or feasible, alternate emissions control devices and/or techniques used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 4 diesel emissions control strategy for a similarly sized engine, as defined by the California Air Resources Board’s regulations. ▪ Use electric or alternative -fueled (i.e., non -diesel) construction equipment, if available and feasible, including but not limited to, concrete/industrial saws, pumps, aerial lifts, material hoist, air compressors, forklifts, excavator, wheel loader, and soil compactors. ▪ Maintain records of all trucks associated with project construction activities to document that each truck used meets the required emission standards. The Applicant shall provide records for inspection within five business days of request by CARB, SCAQMD, or the City. ▪ Provide electric vehicle (EV) charging stations or appropriately sized electrical infrastructure and electrical panels. Electrical hookups should be provided for trucks to plug in any onboard auxiliary equipment.
▪ Provide temporary traffic controls such as a flag person, during all phases of significant construction activity to maintain smooth traffic flow, where necessary. ▪ Provide dedicated turn lanes for the movement of construction trucks and equipment on- and off-site, where applicable.
▪ Ensure vehicle traffic inside the project site is as far away as feasible from sensitive receptors. ▪ Reduce traffic speeds on all unpaved roads to 15 miles per hour (mph) or less. ▪ Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 mph.
▪ Suspend use of all construction activities that generate air pollutant emissions during first stage smog alerts.
▪ Configure construction parking to minimize traffic interference. ▪ Cover all trucks hauling dirt, sand, soil, or other loose materials. ▪ Install wheel washers where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site for each trip. ▪ Apply non -toxic soil stabilizers according to manufacturers’ specifications to all inactive construction areas (previously graded areas inactive for ten days or more). ▪ Replace ground cover in disturbed areas as quickly as possible to minimize dust. ▪ Pave roads and road shoulders, where applicable.

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▪ Sweep streets at the end of the day with SCAQMD Rule 1186 and 1186.1 compliant sweepers if visible soil is carried onto adjacent public paved roads (recommend water sweepers that utilize reclaimed water).
▪ Utilize only super-compliant volatile organic compound (VOC) paints for architectural coatings (0 grams per liter to less than 10 grams per liter VOC) during construction activities. If paints and coatings with VOC content of 0 grams/liter to less than 10 grams/liter cannot be utilized, the application of architectural coatings shall be prohibited during the peak smog season: July, August, and September
Prior to the issuance of a grading permit, the applicant shall provide the City with the construction contractor’s inclusion of all required measures on applicable construction plans, including grading and/or building plans.

MM-AQ-2 Operational Emissions. If, during subsequent project -level environmental review, operation - related criteria air pollutants are determined to have the potential to exceed SCAQMD’s operation mass daily thresholds, the City shall require applicants for new projects that exceed thos e thresholds to incorporate appropriate measures to reduce or minimize air pollutant emissions during operational activities. New projects facilitated by the Fullerton Housing Incentive Overlay Zone are required to comply wit h all applicable SCAQMD rules and regulations, including but not limited to Rule 445 (Wood Burning Devices), Rule 1401 (New Source of Toxic Air Contaminants), and Rule 1110.2 (Emissions from Gaseous - and Liquid-Fueled Engines)Additional measures for projects that exceed SCAQMD’s operation mass daily thresholds may include, but are not limited to, the following:
▪ All the Program’s buildings shall be powered fully by electricity, with no natural gas infrastructure or appliances, including no fireplaces. Prior to the issuance of building permits, the Program Applicant or its designee shall provide evidence to the City that the building design plans include no natural gas infrastructure.
▪ Install Energy Star rated heating, cooling, lighting, and appliances. ▪ Require the use of Heating, Ventilation and Air Conditioning (HVAC) equipment with a Seasonal Energy Efficiency Ratio (SEER) of 12 or higher.
▪ Install of water heaters with an energy factor of 0.92 or higher. ▪ Install solar water heaters or tank-less water heaters. ▪ Use passive solar cooling/heating.
▪ Designate 10% of parking spaces to be for electric and alternative fuel vehicles. ▪ Install Level 2 electric vehicle charging stations in 6% of all parking spaces. ▪ Super-Compliant volatile organic compound (VOC)-content architectural coatings (0 grams per liter to less than 10 grams per liter VOC) shall be used during operational application of paints and other architectural coatings to reduce ozone precursors for fu ture development projects.

If paints and coatings with VOC content of 0 grams/liter to less than 10 grams/liter cannot be utilized, the developer shall avoid application of architectural coatings during the peak smog season: July, August, and September.
▪ The City shall develop and implement a Low -VOC/Green Cleaning Product and Paint education program, including materials educating how to identify low -VOC cleaners and

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products, that can be provided to applicants, developers, tenants, and residents of development projects associated with the Program.
▪ At the time of discretionary approval of new sources of TAC emissions in close proximity to existing sensitive land uses , the City shall require de velopment projects to implement applicable best management practices, as necessary and feasible, th at will reduce exposure to TACs. Specific reduction measures will be evaluated and determined depending on proposed land use TAC sources and feasibility.

Prior to the issuance of a Certificate of Occupancy, the applicant shall provide the City with appropriate documentation verifying compliance with the required measures.

MM-AQ-3 Revised Forecast. Prior to SCAG’s next update to the Regional Housing Needs Assessment, the City shall prepare a revised population, employment and housing forecast for SCAG that reflects anticipated growth generated from the proposed Program. The updated forecast provided to SCAG shall be used to inform the SCAQMD’s update to the Regional Air Quality Strategy and State Implementation Plan. The City shall prepare and submit a letter notifying the SCAQMD of this revised forecast for use in the future update to the RAQS and SIP as required.

4.1.7 Significance Conclusion
Threshold 4.1-1: Even with implementation of MM-AQ-1, MM-AQ-2, and MM-AQ-3, the Program could conflict with or obstruct implementation of the applicable air quality plan, and impacts would be significant and unavoidable and cumulatively considerable.

Threshold 4.1-2: Even with implementation of MM-AQ-1 and MM-AQ-2, the Program could result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative th resholds for ozone precursors), and impacts would be significant and unavoidable and cumulatively considerable.

Threshold 4.1 -3: Even with implementation of MM-AQ-1 and MM-AQ-2, the Program could expose sensitive receptors to substantial pollutant concentrations, and impacts would be significant and unavoidable and cumulatively considerable.

4.1.8 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 study area used to assess potential cumulative air quality impacts include the South Coast Air Basin and considers the future buildout of applicable local and regional plans.

Threshold 4.1-1: The cumulative impact of the population increases in South Coast Air Basin would further obstruct implementation of the AQMP, as implementation of the Program would further exceed the demographic growth forecasts in the Program area. Although implementation of MM-AQ-1, MM-AQ-2, and MM-AQ-3 would reduce emissions of future projects under the Fullerton Housing Incentive Overlay Zone, these mitigation measures would not reduce

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impacts to less than significant. As discussed in response to Threshold 4.1-1, implementation of the Fullerton Housing Incentive Overlay Zone would result in a significant and unavoidable impact related to the conflict with the applicable AQMP. The impact of the Program, in addition to the additional regional growth, would constitute a significant cumulative impact related to AQMP implementation. Therefore, the Fullerton Housing Incentive Overlay Zone’s incremental contribution to impacts related to conflict with the SCAQMD’s AQMP would be cumulatively considerable.

Threshold 4.1-2: As discussed previously, air pollution by nature is largely a cumulative impact. The nonattainment status of regional pollutants is a result of past and present development, and the SCAQMD develops and implement plans for future attainment of ambient air quality standards. The potential for the Program to result in a cumulatively considerable impact, specifically, a cumulatively considerable new increase of any criteria pollutant for which the project region is nonattainment under an applicable NAAQS and/or CAAQS, is addressed in response to Threshold

4.1-2. Therefore, the Fullerton Housing Incentive Overlay Zone’s incremental contribution to impact related to increases of any criteria pollutant for which the project region is in nonattainment would be cumulatively considerable.

Threshold 4.1-3: As discussed in response to Threshold 4.1 -3 regarding sensitive receptors, projects under the Fullerton Housing Incentive Overlay Zone would be required to evaluate existing TAC exposure and incorporate available reduction measures, if necessary. However, due to the uncertainty of future sensitive receptor locations and the effectiveness of MM-AQ-1 and 4.1-2, even with implementation of mitigation, existing regulations, and Program goals and policies, impacts would be significant and unavoidable. The impact of the Program in addition to growth associated with regional plans could further increase the exposure of air quality pollutants to sensitive receptors.

Therefore, the Fullerton Housing Incentive Overlay Zone’s incremental contribution to impacts related to exposure of sensitive receptors to substantial pollutant concentrations from TACs would be cumulatively considerable.

4.1.9 References Cited
CAPCOA (California Air Pollution Control Officers Association). 2022. California Emissions Estimator Model (CalEEMod) User’s Guide Version 2022.1. April 2022. http://www.caleemod.com/.

CARB (California Air Resources Board). 2000. Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles. October 2000. Accessed October 2023. http://www.arb.ca.gov/ diesel/documents/rrpfinal.pdf.

CARB. 2005. Air Quality and Land Use Handbook: A Community Health Perspective. April 2005. Accessed October 2023. http://www.arb.ca.gov/ch/landuse.htm.

CARB. 2016. “Ambient Air Quality Standards.” May 4, 2016. Accessed October 2023. http://www.arb.ca.gov/ research/aaqs/aaqs2.pdf.

CARB. 2022. “Area Designation Maps/State and National.” Last updated November 2022. Accessed September 2023. http://www.arb.ca.gov/desig/adm/adm.htm.

CARB. 2023a. “Ambient air quality data.” [digital CARB data]. iADAM: Air Quality Data Statistics. Accessed October 2023. http://www.arb.ca.gov/adam/topfour/topfour1.php.

CARB. 2023b. “Glossary.” Accessed October 2023. https://ww2.arb.ca.gov/about/glossary.

CARB 2023c. iADAM Air Quality Data Statistics.” Accessed April 2023. http://arb.ca.gov/adam.

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City of Inglewood. 2019. Inglewood Basketball and Entertainment Center Program EIR. http://ibecproject.com/ D_AirQuality.pdf.

City of San Jose. 2019. Mineta San Jose Airport Amendment to the Airport Master Plan EIR. https://www.sanjoseca.gov/Home/ShowDocument?id=44596.

CSU Dominguez Hills (California State University Dominguez Hills). 2019. California State University Dominguez Hills Campus Master Plan EIR. https://www.csudh.edu/Assets/csudh-sites/fpcm/docs/ campus-master-plan/2019-09-11-FEIR-appendices.pdf.

EPA (U.S. Environmental Protection Agency). 2008. Final Ozone NAAQS Regulatory Impact Analysis. March 2008. https://www3.epa.gov/ttnecas1/regdata/RIAs/452_R_08_003.pdf.

EPA. 2016. “Integrated Science Assessment for Oxides of Nitrogen-Health Criteria (2016 Final Report).” U.S. EPA, EPA/600/R-15/068, 2016.

EPA. 2017. Support Center for Regulatory Atmospheric Modeling (SCRAM) - Photochemical Air Quality Modeling. https://www.epa.gov/scram/photochemical-air-quality-modeling EPA. 2022. EPA AirData Outdoor Air Quality Data Monitor Values Report. https://www.epa.gov/outdoor-air-quality- data/monitor-values-report.

EPA. 2023a. “Monitor Values Report; Outdoor Air Quality Data.” Last updated August 22, 2023. Accessed October 2023. https://www.epa.gov/outdoor-air-quality-data/monitor-values-report.

EPA. 2023b. “Criteria Air Pollutants.” Last updated September 29, 2023. Accessed October 2023. https://www.epa.gov/criteria-air-pollutants.

EPA. 2023c. Environmental Benefits Mapping and Analysis Program – Community Edition User’s Manual. March 2023. https://www.epa.gov/sites/production/files/2015-04/documents/benmap-ce_ user_manual_march_2015.pdf.

March JPA (March Joint Powers Association). 2019. K4 Warehouse and Cactus Channel Improvements EIR. https://www.marchjpa.com/documents/docs_forms/K-4_Final_Draft_EIR.pdf NRC (National Research Council). 2005. Interim Report of the Committee on Changes in New Source Review Programs for Stationary Sources of Air Pollutants. Washington, DC: The National Academies Press. https://doi.org/10.17226/11208.

SCAG (Southern California Association of Governments). 2020. Connect SoCal: The 2020-2045 Regional Transportation Plan/Sustainable Communities Strategies of the Southern California Association of Governments. Adopted September 3, 2020. Accessed May 2021. https://scag.ca.gov/sites/main/files/ file-attachments/0903fconnectsocal-plan_0.pdf?1606001176.

SCAQMD (South Coast Air Quality Management District). 1976. Rule 402. Nuisance. http://www.aqmd.gov/ docs/default-source/rule-book/rule-iv/rule-402.pdf?sfvrsn=4.

SCAQMD (South Coast Air Quality Management District). 1993. CEQA Air Quality Handbook.

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SCAQMD 2000. Rule 431.2 Sulfur Content of Liquid Fuels. http://www.aqmd.gov/docs/default-source/ rule-book/rule-iv/rule-431-2.pdf?sfvrsn=4.

SCAQMD 2001. Rule 401. Visible Emissions. http://www.aqmd.gov/docs/default-source/rule-book/rule-iv/ rule-401.pdf?sfvrsn=4.

SCAQMD. 2003a. “White Paper on Potential Control Strategies to Address Cumulative Impacts from Air Pollution”.

August 2003. http://www.aqmd.gov/docs/default-source/Agendas/Environmental-Justice/ cumulative-impacts-working-group/cumulative-impacts-white-paper.pdf.

SCAQMD. 2003b. Final 2003 AQMP Appendix V Modeling and Attainment Demonstrations. August 2003. https://www.aqmd.gov/docs/default-source/clean-air-plans/air-quality-management-plans/ 2003-air-quality-management-plan/2003-aqmp-appendix-v.pdf?sfvrsn=2.

SCAQMD. 2004a. Rule 201. Permit to Construct. https://www.aqmd.gov/docs/default-source/rule-book/ reg-ii/rule-201.pdf.

SCAQMD. 2004b. Rule 203. Permit to Operate. https://www.aqmd.gov/docs/default-source/rule-book/reg-ii/ rule-203.pdf.

SCAQMD. 2005. Rule 403. Fugitive Dust. http://www.aqmd.gov/docs/default-source/rule-book/rule-iv/ rule-403.pdf?sfvrsn=4.

SCAQMD. 2008. Final Localized Significance Threshold Methodology. June 2003 first published. July 2008, revised. http://www.aqmd.gov/docs/default-source/ceqa/handbook/localized-significance-thresholds/ final-lst-methodology-document.pdf?sfvrsn=2.

SCAQMD. 2013. Final 2012 Air Quality Management Plan. February 2013. Accessed March 2020. https://www.aqmd.gov/home/air-quality/clean-air-plans/air-quality-mgt-plan/final-2012-air-quality -management-plan.

SCAQMD. 2015. Brief of Amicus Curiae in Support of Neither Party, Sierra Club v. County of Fresno, Case No.

S219783 (filed Apr. 13, 2015). https://www.courts.ca.gov/documents/9-s219783-ac-south-coast-air- quality-mgt-dist-041315.pdf.

SCAQMD 2016. Rule 1113. Architectural Coatings. http://www.aqmd.gov/docs/default-source/rule-book/ reg-xi/r1113.pdf?sfvrsn=24.

SCAQMD. 2017a. Final 2016 Air Quality Management Plan. Accessed March 2020. http://www.aqmd.gov/ docs/default-source/clean-air-plans/air-quality-management-plans/2016-air-quality-management-plan/ final-2016-aqmp/final2016aqmp.pdf.

SCAQMD. 2017b. Rule 1401. New Source Review of Toxic Air Contaminants. http://www.aqmd.gov/docs/ default-source/rule-book/reg-xiv/rule-1401.pdf?sfvrsn=4. September 1. 2017.

SCAQMD. 2020. Rule 445, Wood Burning Devices. Last Amended October 27, 2020. http://www.aqmd.gov/ docs/default-source/rule-book/rule-iv/rule-445.pdf.

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SCAQMD. 2022. Air Quality Management Plan (AQMP). Accessed October 2023. https://www.aqmd.gov/home/ air-quality/clean-air-plans/air-quality-mgt-plan.

SCAQMD. 2023a. MATES-V, Multiple Air Toxics Exposure Study in the South Coast Air Basin. http://www.aqmd.gov/docs/default-source/planning/mates-v/mates-v-final-report-9-24-21.pdf?sfvrsn=6.

SCAQMD. 2023b. “SCAQMD Air Quality Significance Thresholds.” Originally published in CEQA Air Quality Handbook, Table A9-11-A. Revised March 2023. http://www.aqmd.gov/docs/default-source/ceqa/ handbook/scaqmd-air-quality-significance-thresholds.pdf?sfvrsn=2.

SDSU (San Diego State University). 2019. San Diego State University Mission Valley Campus Master Plan EIR Additional Information Regarding Potential Health Effects of Air Quality Impacts. December 2019. https://missionvalley.sdsu.edu/assets/pdfs/FEIR/appendices/4_2_3_SDSU_MV_Health_Effects_ Memo.pdf.

Singer, B.C., W.W. Delp, D.R. Black, and I.S. Walker. 2016. Measured performance of filtration and ventilation systems for fine and ultrafine particles and ozone in an unoccupied modern California house. Indoor Air.

LBNL-1006961. https://escholarship.org/content/qt7x86h6ff/qt7x86h6ff.pdf.

SJVAPCD (San Joaquin Valley Air Pollution Control District). 2015. Brief of Amicus Curiae in Support of Defendant and Respondent, County of Fresno, and Real Party In Interest and Respondent, Friant Ranch, L.P., Sierra Club v. County of Fresno, Case No. S219783 (filed Apr. 13, 2015). https://www.courts.ca.gov/ documents/7-s219783-ac-san-joaquin-valley-unified-air-pollution-control-dist-041315.pdf.

Weather-and-Climate.com. 2023. “Average monthly snow and rainfall in Fullerton (California) in inches.” https://weather-and-climate.com/average-monthly-Rainfall-Temperature-Sunshine,fullerton-california- us,United-States-of-America.

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4.2 Greenhouse Gas Emissions
This section of the Draft EIR analyzes the potential impacts from the implementation of the Fullerton Housing Incentive Overlay Zone (Program) on climate change and greenhouse gas (GHG) emissions issues. This section identifies associated regulatory requirements, evaluates potentially adverse impacts related to GHG emissions during construction and operation of the Program related to implementation of the Fullerton Housing Incentive Overlay Zone on a programmatic level. The analysis is based, in part, on review of South Coast Air Quality Management District (SCAQMD) guidance and information provided in the following technical analysis:

Appendix C Air Quality and Greenhouse Gas Emissions Modeling Data, Prepared By Dudek Other sources consulted are listed in Section 4.2.8, References.

4.2.1 Existing Conditions
This section discusses the existing environmental setting relative to greenhouse gas emissions. As described in Chapter 3, Project Description, the proposed Program is evaluated at a programmatic level and the analysis is based on information available to the City where reasonably foreseeable, direct, and indirect physical changes in the environment could be considered. As a result, this section generally describes the Program Area and, where applicable, the general areas that may, under the Program, support residential development/redevelopment, as those are the areas that may result in changes to the environment that were not already considered in previous environmental analysis or studies.

Climate Change Overview
Climate change refers to any significant change in measures of climate, such as temperature, precipitation, or wind patterns, lasting for an extended period (decades or longer). The Earth’s temperature depends on the balance between energy entering and lea ving the planet’s system. Many factors, both natural and human, can cause changes in Earth’s energy balance, including variations in the sun’s energy reaching Earth, changes in the reflectivity of Earth’s atmosphere and surface, and changes in the greenhouse effect, which affects the amount of heat retained by Earth’s atmosphere (EPA 2017).

The greenhouse effect is the trapping and build -up of heat in the atmosphere (troposphere) near the Earth’s surface. The greenhouse effect traps heat in the troposphere through a threefold process as follows: Short -wave radiation emitted by the Sun is absorbed by the Earth, the Earth emits a portion of this energy in the form of long - wave radiation, and GHGs in the upper atmosphere absorb this long -wave radiation and emit it into space and toward the Earth. The greenhouse effect is a natural process that contributes to regulating the Earth’s temperature and creates a pleasant, livable environment on the Earth. Human activities that emit additional GHGs to the atmosphere increase the amount of infrared radiation that gets absorbed before escaping into space, thus enhancing the greenhouse effect and causing the Earth’s surface temperature to rise.

The scientific record of the Earth’s climate shows that the climate system varies naturally over a wide range of time scales and that, in general, climate changes prior to the Industrial Revolution in the 1700s can be explained by

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natural causes, such as changes in solar energy, volcanic eruptions, and natural changes in GHG concentrations.

Recent climate changes, in particular the warming observed over the past century, however, cannot be explained by natural causes alone. Rather, it is extremely likely that human activities have been the dominant cause of that warming since the mid -twentieth century and are the most significant driver of observed climate change (IPCC 2014; EPA 2017). Human influence on the climate system is evident from the increasing GHG concentrations in the atmosphere, positive radiative forcing, observed warming, and improved understanding of the climate system (IPCC 2014). The global atmospheric concentrations of GHGs have increased to levels unprecedented in t he last 800,000 years, primarily from fossil fuel emissions and secondarily from emissions associated with land use changes (IPCC 2014). Continued emissions of GHGs will cause further warming and changes in all components of the climate system on a global level, which is discussed further in the subsequent section titled “Potential Effects of Climate Change.”
Greenhouse Gases
A GHG is any gas that absorbs infrared radiation in the atmosphere; in other words, GHGs trap heat in the atmosphere.

As defined in California Health and Safety Code Section 38505(g), for purposes of administering many of the State’s primary GHG emissions reduction programs, GHGs include carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), and nitrogen trifluoride (NF3) (see also 14 CCR 15364.5).1 Some GHGs, such as CO2, CH4, and N2O, are emitted into the atmosphere through natural processes and human activities. Of these gases, CO 2 and CH4 are emitted in the greatest quantities from human activities.

Manufactured GHGs have a much greater heat-absorption potential than CO2 and include fluorinated gases, such as HFCs, PFCs, and SF6, which are associated with certain industrial products and processes. The following paragraphs provide a summary of the most common GHGs and their sources.2 Carbon Dioxide. CO2 is a naturally occurring gas and a by -product of human activities; it is the principal anthropogenic GHG that affects the Earth’s radiative balance. Natural sources of CO2 include respiration of bacteria, plants, animals, and fungi; evaporation from oceans; volcanic out -gassing; and decomposition of dead organic matter. Human activities that generate CO 2 are the combustion of fuels such as coal, oil, natural gas, and wood, and changes in land use.

Methane. CH4 is produced through both natural and human activities. CH 4 is a flammable gas and is the main component of natural gas. Methane is produced through anaerobic (without oxygen) decomposition of waste in landfills, flooded rice fields, animal digestion, decomposition of animal wastes, production and distribution of natural gas and petroleum, coal production, and incomplete fossil fuel combustion.

Nitrous Oxide. N2O is produced through natural and human activities, mainly through agricultural activities and natural biological processes, although fuel burning and other processes also create N2O. Sources of N2O include soil cultivation practices (microbial processes in soil and water), especially the use of commercial and organic fertilizers, manure management, industrial processes (such as in nitric acid production, nylon production, and fossil-fuel-fired power plants), vehicle emissions, and using N2O as a propellant (such as in rockets, racecars, and aerosol sprays).

1 Climate-forcing substances include GHGs and other substances, such as black carbon and aerosols. This discussion focuses on the seven GHGs identified in California Health and Safety Code Section 38505. 2 The descriptions of GHGs are summarized from the IPCC Fourth Assessment Report (2007), CARB’s “Glossary of Terms Used in GHG Inventories” (2018), and EPA’s “Causes of Climate Change” (2017).

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Global Warming Potential
Gases in the atmosphere can contribute to climate change both directly and indirectly. Direct effects occur when the gas itself absorbs radiation. Indirect radiative forcing occurs when chemical transformations of the substance produce other GHGs, when a g as influences the atmospheric lifetimes of other gases, or when a gas affects atmospheric processes that alter the radiative balance of the Earth (e.g., affect cloud formation or albedo) (EPA 2023a). The Intergovernmental Panel on Climate Change (IPCC) dev eloped the global warming potential (GWP) concept to compare the ability of each GHG to trap heat in the atmosphere relative to another gas. The GWP of a GHG is defined as the ratio of the time-integrated radiative forcing from the instantaneous release of 1 kilogram of a trace substance relative to that of 1 kilogram of a reference gas (IPCC 2014). The reference gas used is CO 2; therefore, GWP-weighted emissions are measured in metric tons of CO2 equivalent (MT CO2e).

The current version of California Emissions Estimator Model (CalEEMod) (Version 2022.1) assumes that the GWP for CH4 is 25 (so emissions of 1 MT of CH 4 are equivalent to emissions of 25 MT of CO 2), and the GWP for N 2O is 298, based on the IPCC Fourth Assessment Report (IPCC 2007). The GWP values identified in CalEEMod were applied to the Program.

Greenhouse Gas Inventories
Global Inventory
Anthropogenic GHG emissions worldwide in 2020 (the most recent year for which data is available) totaled approximately 49,800 MMT CO 2e, excluding land use change and forestry (PBL 2022). The five largest emitting countries and the European Union (EU -27), together account for about 60% of total global GHG emissions: China (27%), the United States (12%), the European Union (about 7%), India (7%), the Russian Federation (4.5%) and Japan (2.4%). These countries also have the highest CO2 emission levels (PBL 2022).

Per the EPA Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990–2021, total United States GHG emissions were approximately 6,340.2 MMT CO2e in 2021 (EPA 2023b). Total U.S. emissions have decreased by 2.3 percent from 1990 to 2021, down from a high of 15.8 percent above 1990 levels in 2007. Emissions increased from 2020 to 2021 by 5.2 percent (314.3 MMT CO2e). Net emissions (i.e., including sinks) were 5,586.0 MMT CO2e in 2021.

Overall, net emissions increased 6.4 percent from 2020 to 2021 and decreas ed 16.6 percent from 2005 levels Between 2020 and 2021, the increase in total GHG emissions was driven largely by an increase in CO2 emissions from fossil fuel combustion due to economic activity rebounding after the height of the COVID-19 pandemic. The CO2 emissions from fossil fuel combustion increased by 6.8 percent from 2020 to 2021, including a 11.4 percent increase in transportation sector emissions and a 7.0 percent increase in electric power sector emissions. The increase in electric power sector emissions was due in part to an increase in electricity demand of 2.4 percent since 2020. Overall, there has been a decrease in electric power sector emissions from 1990 through 2021, which reflects the combined impacts of long-term trends in many factors, including population, economic growth, energy markets, technological changes including energy efficiency, and the carbon intensity of energy fuel choices (EPA 2023b).

State Inventory
According to California’s 2000–2021 GHG emissions inventory (2023 edition), California emitted 381.3 MMT CO2e in 2021, including emissions resulting from out -of-state electrical generation (CARB 202 3). The sources of GHG emissions in California include transportation, industrial uses, electric power production from both in-state and out-

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of-state sources, commercial and residential uses, agriculture, high-GWP substances, and recycling and waste. The California GHG emission source categories and their relative contributions in 2021 are presented in Table 4.2-1.

Table 4.2-1. Greenhouse Gas Emissions Sources in California Source Category
Annual GHG Emissions
(MMT CO 2e) Percent of Total a
Transportation 145.66 38%
Industrial 73.97 19%
Electric power 62.53 16%
Commercial and Residential 38.89 10%
Agriculture 30.89 8%
High global-warming potential
substances

21.35 6%
Recycling and waste 8.39 2%
Total 369.2 100%
Source: CARB 2023
Notes: GHG = greenhouse gas; MMT CO2e = million metric tons of carbon dioxide equivalent.

Emissions reflect the 2021 California GHG inventory.
a Percentage of total has been rounded, and total may not sum due to rounding.

Local Inventory
The City of Fullerton prepared a community inventory of GHG emissions in 2009 as a part of their 2012 Climate Action Plan. GHG emissions were projected for the year 2020 based on future growth and development anticipated in The Fullerton Plan as well as future year consumption rates for energy, transportation, water transport, and waste.

Table 4.2-2 summarizes the projected GHG inventory for the year 2020.

Table 4.2-2. SCAG GHG Emissions by Sector Projected for 2020 Source Category
Annual GHG Emissions
(MT CO 2e) Percent of Total
Residential 306,472 16.8
Commercial/Institutional 188,486 8.8
Industrial 123,347 6.8
Transportation 1,162,553 63.6
Waste 45,927 2.5
Total Emissions 1,826,747 100
Source: City of Fullerton 2012.

Notes: GHG = greenhouse gas; MT CO 2e = metric tons of carbon dioxide equivalent; GWP = global warming potential; N/A = not applicable.

Emissions reflect projected 2020 emissions.

Totals may not sum due to rounding.

Potential Effects of Climate Change
Globally, climate change has the potential to affect numerous environmental resources through uncertain impacts related to future air temperatures and precipitation patterns. The 2014 Intergovernmental Panel on Climate Change Synthesis Report indicated that warming of the climate system is unequivocal, and since the 1950s, many

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of the observed changes are unprecedented over decades to millennia. Signs that global climate change has occurred include warming of the atmosphere and ocean, diminished amounts of snow and ice, rising sea levels, and ocean acidification (IPCC 2014).

In California, climate change impacts have the potential to affect sea -level rise, agriculture, snowpack and water supply, forestry, wildfire risk, public health, frequency of severe weather events, and electricity demand and supply.

The primary effect of global climate change has been a rise in average global tropospheric temperature. Reflecting the long-term warming trend since pre-industrial times, observed global mean surface temperature for the decade 2006–2015 was 0.87°C (likely between 0.75°C and 0.99°C) higher than the average over the 1850–1900 period (IPCC 2018). Scientific modeling predicts that continued emissions of GHGs at or above current rates would induce more extreme climate changes during the twenty -first century than were observed during the twentieth century.

Human activities are estimated to have caused approximately 1.0°C (1.8 degrees Fahrenheit (°F)) of global warming above pre -industrial levels, with a likely range of 0.8°C to 1.2°C (1.4°F to 2.2°F) (IPCC 2018). Global warming is like ly to reach 1.5°C (2.7°F) between 2030 and 2052 if it continues to increase at the current rate (IPCC 2018).

Although climate change is driven by global atmospheric conditions, climate change impacts are felt locally. A scientific consensus confirms that climate change is already affecting California. The Office of Environmental Health Hazard Assessment identifie d various indicators of climate change in California, which are scientifically -based measurements that track trends in various aspects of climate change. Many indicators reveal discernable evidence that climate change is occurring in California and is having significant, measurable impacts in the State. Changes in the State’s climate have been observed including an increase in annual average air temperature with record warmth from 2012 to 2016, more frequent extreme heat events, more extreme drought, a decl ine in winter chill, an increase in cooling degree days and a decrease in heating degree days, and an increase in variability of Statewide precipitation (OEHHA 2018).

Warming temperatures and changing precipitation patterns have altered California’s physical systems – the ocean, lakes, rivers and snowpack – upon which the State depends. Winter snowpack and spring snowmelt runoff from the Sierra Nevada and southern Casca de Mountains provide approximately one-third of the State’s annual water supply. Impacts of climate on physical systems have been observed such as high variability of snow-water content (i.e., amount of water stored in snowpack), decrease in snowmelt runof f, glacier change (loss in area), rise in sea levels, increase in average lake water temperature and coastal ocean temperature, and a decrease in dissolved oxygen in coastal waters (OEHHA 2018).

Impacts of climate change on biological systems, including humans, wildlife, and vegetation, have also been observed including climate change impacts on terrestrial, marine, and freshwater ecosystems. As with global observations, species responses include those consistent with warming: elevational or latitudinal shifts in range, changes in the timing of key plant and animal life cycle events, and changes in the abundance of species and in community composition. Humans are better able to adapt to a changing climate than plants and animals in natural ecosystems. Nevertheless, climate change poses a threat to public health as warming temperatures and changes in precipitation can affect vector -borne pathogen transmission and disease patterns in California as wel l as the variability of heat-related deaths and illnesses. In addition, since 1950, the area burned by wildfires each year has been increasing.

The California Natural Resources Agency (CNRA) has released four California Climate Change Assessments (2006, 2009, 2012, and 2018), which have addressed the following: acceleration of warming across the State, more intense and frequent heat waves, greater riv erine flows, accelerating sea level rise, more intense and frequent

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drought, more severe and frequent wildfires, more severe storms and extreme weather events, shrinking snowpack and less overall precipitation, and ocean acidification, hypoxia, and warming. To address local and regional governments need for information to support action in their communities, the Fourth Assessment (2018) includes reports for nine regions of the State, including the Los Angeles Region, where the Program is located. Key projected climate changes for the Los Angeles Region include the following (CNRA 2018):
▪ Continued future warming over the Los Angeles region. Across the region, average maximum temperatures are projected to increase around 4°F to 5°F by the mid-century, and 5°F to 8°F by the late-century. ▪ Extreme temperatures are also expected to increase. The hottest day of the year may be up to 10°F warmer for many locations across the Los Angeles region by the late -century under certain model scenarios. The number of extremely hot days is also expected to increase across the region. ▪ Despite small changes in average precipitation, dry and wet extremes are both expected to increase. By the late 21st century, the wettest day of the year is expected to increase across most of the Los Angeles region, with some locations experiencing 25% to 30% increases under certain model scenarios. Increased frequency and severity of atmospheric river events are also projected to occur for this region. ▪ Sea levels are projected to continue to rise in the future, but there is a large range based on emissions scenario and uncertainty in feedbacks in the climate system. Roughly 1 feet to 2 feet of sea level rise is projected by the mid-century, and the most extreme projections lead to 8 feet to 10 feet of sea level rise by the end of the century.
▪ Projections indicate that wildfire may increase over southern California, but there remains uncertainty in quantifying future changes of burned area over the Los Angeles region.

4.2.2 Relevant Plans, Policies, and Ordinances
Federal
Massachusetts v. U.S. Environmental Protection Agency
On April 2, 2007, in Massachusetts v. U.S. Environmental Protection Agency, the U.S. Supreme Court ruled that CO2 was a pollutant and directed the EPA administrator to determine whether GHG emissions from new motor vehicles cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare, or whether the science is too uncertain to make a reasoned decision. In making these decisions, the EPA administrator is required to follow the language of Section 202(a) of the Clean Air Act. On December 7, 2009, the administrator signed a final rule with two distinct findings regarding GHGs under Section 202(a) of the Clean Air Act:
▪ The elevated concentrations of GHGs —CO2, CH4, N2O, hydrofluorocarbons, perfluorocarbons, and SF 6—in the atmosphere threaten the public health and welfare of current and future generations. This is referred to as the “endangerment finding.”
▪ The combined emissions of GHGs—CO2, CH4, N2O, and hydrofluorocarbons—from new motor vehicles and new motor vehicle engines contribute to the GHG air pollution that endangers public health and welfare. This is referred to as the “cause or contribute finding.”
These two findings were necessary to establish the foundation for regulation of GHGs from new motor vehicles as air pollutants under the Clean Air Act.

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Energy Independence and Security Act
On December 19, 2007, President George W. Bush signed the Energy Independence and Security Act of 2007.

Among other key measures, the act would do the following to aid in the reduction of national GHG emissions:

Increase the supply of alternative fuel sources by setting a mandatory Renewable Fuel Standard requiring fuel producers to use at least 36 billion gallons of biofuel by 2022.

Set a target of 35 miles per gallon (mpg) for the combined fleet of cars and light trucks by model year 2020 and direct the National Highway Traffic Safety Administration (NHTSA) to establish a fuel economy program for medium- and heavy-duty trucks and create a separate fuel economy standard for work trucks.

Prescribe or revise standards affecting regional efficiency for heating and cooling products and procedures for new or amended standards, energy conservation, energy efficiency labeling for consumer electronic products, residential boiler efficiency, electric motor efficiency, and home appliances.

EPA and National Highway Traffic Safety Administration Joint Final Rule for Vehicle Standards In response to the Massachusetts v. EPA U.S., the Supreme Court ruling discussed above, the Bush Administration issued Executive Order (EO) 13432 in 2007 directing the EPA, the Department of Transportation, and the Department of Energy to establish regulations that reduce GHG emissions from motor vehicles, non-road vehicles, and non-road engines by 2008. In 2009, the National Highway Traffic Safety Administration (NHTSA) issued a final rule regulating fuel efficiency and GHG emissions from cars and light-duty trucks for model year 2011; and, in 2010, the EPA and NHTSA issued a final rule regulating cars and light -duty trucks for model years 2012 –2016 (75 FR 25324–25728). Most recently, in March 2022, NHTSA established new fuel economy standards that would require an industry-wide fleet average of approximately 49 miles per gallon for passenger cars and light trucks in model year 2026, by increasing fuel efficiency by 8% annually for mo del years 2024 and 2025, and 10% annually for model year 2026.

The Inflation Reduction Act of 2022
The Inflation Reduction Act was signed into law by President Biden in August 2022. The bill includes specific investment in energy and climate reform and is projected to reduce GHG emissions within the United States by 40% as compared to 2005 levels by 2030. The bill allocates funds to boost renewable energy infrastructure (e.g., solar panels and wind turbines), includes tax credits for the purchase of electric vehicles, and includes measures that will make homes more energy efficient.

State
The Statewide GHG emissions regulatory framework is summarized as follows by category: State climate change targets, building energy, renewable energy and energy procurement, mobile sources, solid waste, water, and other State regulations and goals. The following text describes executive orders (EOs), assembly bills (ABs), senate bills (SBs), and other regulations and plans that would directly or indirectly reduce GHG emissions. The State’s adoption and implementation of various legislation demonstrates California’s leadership in addressing the critical challenge of addressing climate change. Of importance, the proposed Program and/or users of the proposed Program would be required to comply with the various regulatory measures that would reduce GHG emissions, which would reduce the proposed Program’s contribution to cumulative GHG emissions and associated climate change impacts.

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State Climate Change Targets
The State has taken a number of actions to address climate change. These include EOs, legislation, and CARB plans and requirements. These are summarized as follows.

EO S -3-05
EO S -3-05. (June 2005) established California’s GHG emissions reduction targets and laid out responsibilities among the State agencies for implementing the EO and for reporting on progress toward the targets. This EO established the following targets:
▪ By 2010, reduce GHG emissions to 2000 levels
▪ By 2020, reduce GHG emissions to 1990 levels
▪ By 2050, reduce GHG emissions to 80% below 1990 levels EO S -3-05 also directed the California Environmental Protection Agency to report biannually on progress made toward meeting the GHG targets and the impacts to California due to global warming, including impacts to water supply, public health, agriculture, the coastline, and forestry.

AB 32
In furtherance of the goals established in EO S-3-05, the Legislature enacted AB 32 (Núñez and Pavley). The bill is referred to as the California Global Warming Solutions Act of 2006 ( California Health and Safety Code Sections 38500–38599). AB 32 provided initial direction on creating a comprehensive multiyear program to limit California’s GHG emissions at 1990 levels by 2020 and initiate the transformations required to achieve the State’s long-range climate objectives.

EO B -30-15
EO B-30-15 (April 2015) identified an interim GHG-reduction target in support of targets previously identified under S-3-05 and AB 32. EO B-30-15 set an interim target goal of reducing GHG emissions to 40% below 1990 levels by 2030 to keep California on its trajectory toward meeting or exceeding the long-term goal of reducing GHG emissions to 80% below 1990 levels by 2050, as set forth in S -3-05. To facilitate achieving this goal, EO B-30-15 called for CARB to update the Climate Change Scoping Plan (Scoping Plan) to express the 2030 target in terms of MMT CO2e.

The EO also called for state agencies to continue to develop and implement GHG emission-reduction programs in support of the reduction targets.

SB 32 and AB 197
SB 32 and AB 197 (enacted in 2016) are companion bills. SB 32 codified the 2030 emissions reduction goal of EO B-30-15 by requiring CARB to ensure that Statewide GHG emissions are reduced to 40% below 1990 levels by 2030. AB 197 established the Joint Legislative Committee on Climate Change Policies, consisting of at least three members of the Senate and three members of the Assembly, to provide ongoing oversight over implementation of the state’s climate policies. AB 197 also added two members of the Legislature to the Board as nonvoting members; requires CARB to make available and update (at least annually via its website) emissions data for GHGs, criteria air pollutants, and TACs from reporting facilities; and requires CARB to identify specific information for GHG emissions- reduction measures when updating the Scoping Plan.

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EO B -55-18
EO B-55-18 (September 2018) establishes a Statewide policy for California to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net-negative emissions thereafter. The goal is an addition to the existing Statewide targets of reducing the State’s GHG emissions. CARB will work with relevant State agencies to ensure that future Scoping Plans identify and recommend measures to achieve the carbon neutrality goal.

AB 1279
The Legislature enacted AB 1279, the California Climate Crisis Act, in September 2022. The bill declares the policy of the state to achieve net zero GHG emissions as soon as possible, but no later than 2045, and achieve and maintain net negative GHG emissi ons thereafter. Additionally, the bill requires that by 2045, statewide anthropogenic GHG emissions be reduced to at least 85% below 1990 levels.

Although AB 1279 establishes an overall policy to achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045, recognizing the need to implement CO2 removal and carbon capture, utilization and storage technologies, the Legislature established a specific target of 85% below 1990 levels by 2045 for anthropogenic GHG emissions. Therefore, the net zero target does not directly apply to development projects, but the 2045 target of 85% below 1990 levels represents the reductions required to contribute to accomplishing the State’s overall net zero policy.

CARB’s Climate Change Scoping Plan
One specific requirement of AB 32 is for CARB to prepare a “scoping plan” for achieving the maximum technologically feasible and cost -effective GHG emission reductions by 2020 (Health and Safety Code, Section 38561(a)), and to update the plan at least once every 5 years. In 2008, CARB approved the first scoping plan. The Climate Change Scoping Plan: A Framework for Change (Scoping Plan) included a mix of recommended strategies that combined direct regulations, market -based approaches, voluntary measures, po licies, and other emission reduction programs calculated to meet the 2020 Statewide GHG emission limit and initiate the transformations needed to achieve the State’s long-range climate objectives (CARB 2008).

In 2014, CARB approved the first update to the Scoping Plan. The First Update to the Climate Change Scoping Plan:

Building on the Framework (First Update) defined the state’s GHG emission reduction priorities for the next 5 years and laid the groundwork to start the transition to the post -2020 goals set forth in EO S -3-05 and EO B -16-2012 (CARB 2014). The First Update concluded that California was on track to meet the 2020 target but recommended that a 2030 mid-term GHG reduction target be established to ensure a continuum of action to reduce emissions.

The First Update recommended a mix of technologies in key economic sectors to reduce emissions through 2050 including energy demand reduction through efficiency and activity changes; large -scale electrification of on -road vehicles, buildings, and industrial machinery; decarbonizing electricity and fuel supplies; an d the rapid market penetration of efficient and clean energy technologies.

In December 2017, CARB released the 2017 Climate Change Scoping Plan Update (Second Update) for public review and comment (CARB 2017a). The Second Update builds on the successful framework established in the initial Scoping Plan and First Update, while identifying new technologically feasible and cost-effective strategies that will serve as the framework to achieve the 2030 GHG target and define the state’s climate change priorities to 2030 and beyond. The strategies’ known commitments include implementing renewable energy and energy efficiency (including the mandates of SB 350), increased stringency of the Low Carbon Fuel Standard, measures identified in the Mobile Source and Freight

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Strategies, measures identified in the proposed Short-Lived Climate Pollutant (SLCP) Plan, and increased stringency of SB 375 targets. To fill the gap in additional reductions needed to achieve the 2030 target, the Second Update recommends continuing the Cap-and-Trade Program and a measure to reduce GHGs from refineries by 20%. The Second Update was approved by CARB’s Governing Board on December 14, 2017.

CARB adopted the 2022 Scoping Plan Update in December 2022. The 2022 Scoping Plan outlines the state’s plan to reach carbon neutrality by 2045 or earlier, while also assessing the progress the state is making toward achieving GHG reduction goals by 2030. P er the Legislative Analyst’s Office, the 2022 Scoping Plan identifies a more aggressive 2030 GHG goal. As it relates to the 2030 goal, perhaps the most significant change in the 2022 plan (as compared to previous Scoping Plans) is that it identifies a new GHG target of 48% below the 1990 level, compared to the current statutory goal of 40% below. Current law requires the state to reduce GHG emissions by at least 40% below the 1990 level by 2030 but does not specify an alternative goal. According to CARB, a focus on the lower target is needed to put the state on a path to meeting the newly established 2045 goal, consistent with the overall path to 2045 carbon neutrality. The carbon neutrality goal requires CARB to expand proposed actions from only the reduction of anthropogenic sources of GHG emissions to also include those that capture and store carbon (e.g., through natural and working lands, or mechanical technologies). The carbon reduction programs build on and accelerate those currently in place, includin g moving to zero -emission transportation; phasing out use of fossil gas use for heating homes and buildings; reducing chemical and refrigerants with high GWP; providing communities with sustainable options for walking, biking, and public transit; displacem ent of fossil -fuel fired electrical generation through use of renewable energy alternatives (e.g., solar arrays and wind turbines); and scaling up new options such as green hydrogen (CARB 2022a).

The 2022 Scoping Plan Update also emphasizes that there is no realistic path to carbon neutrality without carbon removal and sequestration, and to achieve the state’s carbon neutrality goal, carbon reduction programs must be supplemented by strategies to r emove and sequester carbon. Strategies for carbon removal and sequestration include carbon capture and storage from anthropogenic point sources, where CO2 is captured as it leaves a facility’s smokestack and is injected into geologic formations or used in industrial materials (e.g., concrete); and carbon dioxide removal from ambient air, through mechanical (e.g., direct air capture with sequestration) or nature-based (e.g., management of natural and working lands) applications.

The Scoping Plan recommends strategies for implementation at the statewide level to meet the goals of AB 32, SB 32, and the EOs; it also establishes an overall framework for the measures that will be adopted to reduce California’s GHG emissions. A project is considered to not conflict with the statutes and EOs if it would meet the general policies in reducing GHG emissions to facilitate the achievement of the state’s goals and would not impede attainment of those goals.

Senate Bill 605 and Senate Bill 1383
SB 605 (2014) requires CARB to complete a comprehensive strategy to reduce emissions of SLCPs in the state (California Health and Safety Code Section 39730) and SB 1383 (2016) requires CARB to approve and implement that strategy by January 1, 2018 (California Public Resources Code Sections 42652 –43654). SB 1383 also establishes specific targets for the reduction of SLCPs (40% below 2013 levels by 2030 for CH4 and HFCs, and 50% below 2013 levels by 2030 for anthropogenic black carbon) and provides direction for reductions from dairy and livestock operations and landfills. Accordingly, and as mentioned above, CARB adopted its SLCP Reduction Strategy in March 2017 (CARB 2017b). The SLCP Reduction Strategy establishes a framework for the statewide reduction of emissions of black carbon, methane, and fluorinated gases (CARB 2017b).

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AB 1757
AB 1757 (September 2022) requires the California Natural Resources Agency (CNRA) to determine a range of targets for natural carbon sequestration, and for nature -based climate solutions that reduce GHG emissions for future years 2030, 2038, and 2045. These targets are to be determined by no later than January 1, 2024, and are established to support the state’s goals to achieve carbon neutrality and foster climate adaptation and resilience.

Building Energy
Title 24, Part 6
Title 24 of the California Code of Regulations was established in 1978 and serves to enhance and regulate California’s building standards. While not initially promulgated to reduce GHG emissions, Part 6 of Title 24 specifically established Building Energy Efficiency Standards that are designed to ensure new and existing buildings in California achieve energy efficiency and preserve outdoor and indoor environmental quality. These regulations are carefully scrutinized and analyzed for technological and economic feasibility (California Public Resources Code, Section 25402(d)) and cost effectiveness (California Public Resources Code, Sections 25402(b)(2) and (b)(3)). As a result, these standards save energy, increase electricity supply reliability, increase indoor comfort, avoid the need to construct new power plants, and help preserve the environment.

The 2022 Title 24 standards improved upon the 2019 standards for new construction of, and additions and alterations to, residential and nonresidential buildings. CEC adopted the 2022 Title 24 Energy Code in August 2021 and the California Building Standards Commission approved incorporating the updated code into the California Building Standards Code (CALGreen) in December 2021. The 2022 Energy Code went into effect on January 1, 2023. The 2022 Energy Code focuses on four key areas in newly constructed homes and businesses:
▪ Encouraging electric heat pump technology for space and water heating, which consumes less energy and produces fewer emissions than gas-powered units.
▪ Establishing electric-ready requirements for single-family homes to position owners to use cleaner electric heating, cooking, and electric vehicle (EV) charging options whenever they choose to adopt those technologies. ▪ Expanding solar photovoltaic (PV) system and battery storage standards to make clean energy available on site and complement the state’s progress toward a 100% clean electricity grid. ▪ Strengthening ventilation standards to improve indoor air quality.

Title 24, Part 11
In addition to the CEC’s efforts, in 2008, the California Building Standards Commission adopted the nation’s first green building standards. The California Green Building Standards Code (Part 11 of Title 24) is commonly referred to as CALGreen and establis hes minimum mandatory standards as well as voluntary standards pertaining to the planning and design of sustainable site development, energy efficiency (in excess of the California Energy Code requirements), water conservation, material conservation, and i nterior air quality. The 2022 CALGreen standards are the current applicable standards. For nonresidential projects, some of the key mandatory CALGreen 2022 standards involve requirements related to bicycle parking, designated parking for clean air vehicles , EV charging stations for passenger vehicles, medium heavy duty and heavy duty trucks , shade trees, water conserving plumbing fixtures and fittings, outdoor potable water use in landscaped areas, recycled water supply systems, construction waste management, excavated soil and land clearing debris, and commissioning (24 CCR, Part 11).

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Title 20
Title 20 of the California Code of Regulations requires manufacturers of appliances to meet State and federal standards for energy and water efficiency. The CEC certifies an appliance based on a manufacturer’s demonstration that the appliance meets the standards. CEC certifies an appliance based on a manufacturer’s demonstration that the appliance meets the standards. New appliances regulated under Title 20 include refrigerators, refrigerator - freezers, and freezers; room air conditioners and room air-conditioning heat pumps; central air conditioners; spot air conditioners; vented gas space heaters; gas pool heaters; plumbing fittings and plumbing fixtures; fluorescent lamp ballasts; lamps; emergency lighting; traffic signal modules; dishwaters; clothes washe rs and dryers; cooking products; electric motors; low voltage dry-type distribution transformers; power supplies; televisions and consumer audio and video equipment; and battery charger systems.

Renewable Energy and Energy Procurement
SB 1078, EO -14-08, SBX1 -2, SB 350, SB 100, SB 1020
SB 1078 (Sher) (September 2002) established the Renewable Portfolio Standard (RPS) program, which required an annual increase in renewable generation by the utilities equivalent to at least 1% of sales, with an aggregate goal of 20% by 2017. EO S-14-08 (November 2008) required that all retail suppliers of electricity in California serve 33% of their load with renewable energy by 2020. SB X1 2 expanded the RPS by establishing a renewable energy target of 20% of the total electricity sold to retail customers in California per year by December 31, 2013, and 33% by December 31, 2020, and in subsequent years. SB 350 (October 2015) further expanded the RPS by establishing a goal of 50% of the total electricity sold to retail customers in California per year by December 31, 2030. SB 100 (2018) increased the standards set forth in SB 350 establishing that 44% of the total electricity sold to retail customers in California per year by December 31, 2024, 52% by December 31, 2027, and 60% by December 31, 2030, be secured from qualifying renewable energy sources. SB 100 states that it is the policy of the State that eligible renewable energy resources and zero -carbon resources supply 100% of the retail sales of electricity to California. SB 1020 (September 2022) revises the standards from SB 100, requiring the following percentage of retail sales of electricity to California end-use customers to come from eligible renewable energy resources and zero-carbon resources: 90% by December 31, 2035; 95% by December 31, 2040; and 100% by December 31, 2045.

Mobile Sources
State Vehicle Standards (AB1493 and EO B -16-12)
AB 1493 (July 2002) was enacted in a response to the transportation sector accounting for more than half of California’s CO2 emissions. AB 1493 required CARB to set GHG emission standards for passenger vehicles, light - duty trucks, and other vehicles determined by the State board to be vehicles that are primarily used for noncommercial personal transportation in the State. The b ill required that CARB set GHG emission standards for motor vehicles manufactured in 2009 and all subsequent model years. CARB adopted the standards in September 2004. EO B -16-12 (March 2012) required that State entities under the governor’s direction and control support and facilitate the rapid commercialization of zero-emissions vehicles. It ordered CARB, CEC, California Public Utilities Commission, and other relevant agencies to work with the Plug-in Electric Vehicle Collaborative and the California Fuel Cell Partnership to establish benchmarks to help achieve benchmark goals by 2015, 2020, and 2025. On a statewide basis, EO B-16-12 identified a target reduction of GHG emissions from the transportation sector equaling 80% less than 1990 levels by 2050. This directive did not apply to vehicles that have special performance requirements necessary for the protection of the public safety and welfare. As explained under the “Federal Vehicle

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Standards” description in Section 3.2.1, Federal Regulations, EPA and NHTSA approved the SAFE Vehicles Rule Part One and Two, which revoked California’s authority to set its own GHG emissions standards and set ZEV mandates in California.

As also explained in Section 3.2.1, in March 2022, EPA reinstated California’s authority under the Clean Air Act to implement its own GHG emission standards and ZEV sales mandate. EPA’s action concludes its reconsideration of the 2019 SAFE-1 rule by finding that the actions taken under the previous administration as a part of SAFE-1 were decided in error and are now entirely rescinded.

Heavy Duty Diesel (Title 13, Division 3, Chapter 1, Section 2025) CARB adopted the final Heavy Duty Truck and Bus Regulation, Title 13, Division 3, Chapter 1, Section 2025, on December 31, 2014, to reduce particulate matter and NO x emissions from heavy -duty diesel vehicles. The rule requires particulate matter filters be applied to newer heavier trucks and buses by January 1, 2012, with older vehicles required to comply by January 1, 2015. The rule will require nearly all diesel tru cks and buses to be compliant with the 2010 model year engine requirement by January 1, 2023. CARB also adopted an Airborne Toxic Control Measure to limit idling of diesel -fueled commercial vehicles on December 12, 2013. This rule requires diesel-fueled vehicles with gross vehicle weights greater than 10,000 pounds to idle no more than 5 minutes at any location (13 CCR 2485).

ES S -1-07
EO S-1-07 (January 2007, implementing regulation adopted in April 2009) sets a declining low carbon fuel standard (LCFS) for GHG emissions measured in CO2e grams per unit of fuel energy sold in California. The initial target of the LCFS was to reduce the carbon intensity of California passenger vehicle fuels by at least 10% by 2020 (17 CCR 95480 et seq.). The carbon intensity measures the amount of GHG emis sions in the lifecycle of a fuel —including extraction/feedstock production, processing, transportation, and final consumption—per unit of energy delivered.

In September 2018, CARB approved amendments for the LCFS that require a 20% reduction in carbon intensity by year 2030.

SB 375
SB 375 (Steinberg) (September 2008) addresses GHG emissions associated with the transportation sector through regional transportation and sustainability plans. SB 375 requires CARB to adopt regional GHG reduction targets for the automobile and light-truck sector for 2020 and 2035 and to update those targets every 8 years. SB 375 requires the State’s 18 regional metropolitan planning organizations (MPOs) to prepare a Sustainable Communities Strategy (SCS) as part of their Regional Transportation Plan (RTP) that will achieve the GHG reduction targets set by CARB.

If an MPO is unable to devise an SCS to achieve the GHG -reduction target, the MPO must prepare an alternative planning strategy demonstrating how the GHG-reduction target would be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies.

An SCS does not: (1) regulate the use of land; ( 2) supersede the land use authority of cities and counties; or ( 3) require that a city’s or county’s land use policies and regulations, including those in a general plan, be consistent with it (California Government Code Section 65080[ b][2][K]). Nonetheless, SB 375 makes regional and local planning agencies responsible for developing those strategies as part of the federally required metropolitan transportation planning process and the state-mandated housing element process.

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Advanced Clean Cars Program and Zero -Emissions Vehicle Program The Advanced Clean Cars (ACC) I program (January 2012) is an emissions -control program for model years 2015 through 2025. The program combines the control of smog- and soot-causing pollutants and GHG emissions into a single coordinated package of regulations: the Low-Emission Vehicle (LEV) regulation for criteria air pollutant and GHG emissions and a technology forcing regulation for zero-emission vehicles (ZEV) that contributes to both types of emission reductions. The package includes elements to reduce smog-forming pollution, reduce GHG emissions, promote clean cars, and provide the fuels for clean cars. To improve air quality, CARB has implemented new emission standards to reduce smog -forming emissions beginning with 2015 model year vehicles. It is estim ated that in 2025 cars will emit 75 percent less smog-forming pollution than the average new car sold in 2015. The ZEV program will act as the focused technology of the ACC I program by requiring manufacturers to produce increasing numbers of ZEVs and plug-in hybrid EVs in the 2018 to 2025 model years.

The ACC II program, which was adopted in August 2022, established the next set of LEV and ZEV requirements for model years after 2025 to contribute to meeting federal ambient air quality ozone standards and California’s carbon neutrality standards. The main objectives of ACC II are as follows:
▪ Maximize criteria air pollutant and GHG emission reductions through increased stringency and real - world reductions.
▪ Accelerate the transition to ZEVs through both increased stringency of requirements and associated actions to support wide-scale adoption and use.

The ACC II rulemaking package also considers technological feasibility, environmental impacts, equity, economic impacts, and consumer impacts.

EO-79-20
EO N-79-20 (September 2020) requires CARB to develop regulations as follows: (1) Passenger vehicle and truck regulations requiring increasing volumes of new ZEVs sold in the State towards the target of 100% of in-State sales by 2035; (2) medium- and heavy-duty vehicle regulations requiring increasing volumes of new zero-emission trucks and buses sold and operated in the State towards the target of 100% of the fleet transitioning to zero -emission vehicles by 2045 everywhere feasible and for all drayage trucks to be zero emission by 2035; and (3) strategies, in coordination with other State agencies, the EPA and local air districts, to achieve 100% zero-emission from off-road vehicles and equipment operations in the State by 2035. EO N -79-20 called for the dev elopment of a Zero - Emissions Vehicle Market Development Strategy, which was released February 2021, to be updated every 3 years, that ensures coordination and implementation of the EO and outlines actions to support new and used ZEV markets.

In addition, t he EO specifies identification of near -term actions, and investment strategies, to improve clean transportation, sustainable freight, and transit options; and calls for development of strategies, recommendations, and actions by July 15, 2021, to manage and expedite the responsible closure and remediation of former oil extraction sites as the State transitions to a carbon-neutral economy.

Advanced Clean Trucks (ACT) Regulation
The purpose of the ACT Regulation ( March 2021) is to accelerate the market for zero -emission vehicles in the medium- and heavy-duty truck sector and to reduce emissions NOx, fine particulate matter, TACs, GHGs, and other criteria pollutants generated from on-road mobile sources (CARB 2021).

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The regulation has two components, (1) a manufacturer sales requirement and (2) a reporting requirement:
▪ Zero-emission truck sales: Manufacturers who certify Class 2b –8 chassis or complete vehicles with combustion engines will be required to sell zero-emission trucks as an increasing percentage of their annual California sales from 2024 to 2035. By 2035, zero-emission truck/chassis sales would need to be 55% of Class 2b–3 truck sales, 75% of Class 4–8 straight truck sales, and 40% of truck tractor sales. ▪ Company and fleet reporting: Large employers including retailers, manufacturers, brokers, and others will be required to report information about shipments and shuttle services. Fleet owners with 50 or more trucks will be required to report about their existing fleet operations. This information will help identify future strategies to ensure that fleets purchase available zero -emission trucks and place them in service where suitable to meet their needs.

Water
EO B -29-15
In response to the ongoing drought in California, EO B-29-15 (April 2015) set a goal of achieving a Statewide reduction in potable urban water usage of 25% relative to water use in 2013. The term of the EO extended through February 28, 2016, although many of the directives have become permanent water -efficiency standards and requirements. The EO includes specific directives that set strict limits on water usage in the State. In response to EO B-29-15, the California Department of Water Resources has modified and adopted a revised version of the Model Water Ef ficient Landscape Ordinance that, among other changes, significantly increases the requirements for landscape water use efficiency and broadens its applicability to include new development projects with smaller landscape areas.

EO N -10-21
In response to a state of emergency due to severe drought conditions, EO N -10-21 (July 2021) called on all Californians to voluntarily reduce their water use by 15% from their 2020 levels. Actions suggested in EO N-10-21 include reducing landscape irrigation, running dishwashers and washing machines only when full, finding and fixing leaks, installing water-efficient showerheads, taking shorter showers, using a shut-off nozzle on hoses, and taking cars to commercial car washes that use recycled water.

Solid Waste
AB 939, AB 341, AB 1826, and SB 1383
In 1989, AB 939, known as the Integrated Waste Management Act (California Public Resources Code, Sections 40000 et seq.), was passed because of the increase in waste stream and the decrease in landfill capacity. AB 939 mandated a reduction of waste being disposed where jurisdictions were required to meet diversion goals of all solid waste through source reduction, recycling, and composting activities of 25% by 1995 and 50% by the year 2000.

AB 341 (Chapter 476, Statutes of 2011) amended the California Integ rated Waste Management Act of 1989 to include a provision declaring that it is the policy goal of the State that not less than 75% of solid waste generated be source-reduced, recycled, or composted by the year 2020, and annually thereafter. AB 1826 (Chapte r 727, Statutes of 2014, effective 2016) requires businesses to recycle their organic waste (i.e., food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food -soiled paper waste that is mixed in with food waste) depending on the amount of waste they generate per week. SB 1383 (Chapter 395, Statutes of 2016)

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establishes targets to achieve a 50% reduction in the level of the Statewide disposal of organic waste from the 2014 level by 2020 and a 75% reduction by 2025. CalRecycle was granted the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20% of currently disposed edible food is recovered for human consumption by 2025 (CalRecycle 2019).

Other State Actions
SB 97
SB 97 (2007) directed the Governor’s Office of Planning and Research and CNRA to develop guidelines under CEQA for the mitigation of GHG emissions. CNRA adopted the CEQA Guidelines amendments in December 2009, which became effective in March 2010.

Under the amended CEQA Guidelines, a lead agency has the discretion to determine whether to use a quantitative or qualitative analysis or apply performance standards to determine the significance of GHG emissions resulting from a particular project (14 CCR 15064.4[a]). The CEQA Guidelines require a lead agency to consider the extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions (14 CCR 15064.4[b]). The CEQA Guidelines also allow a lead agency to consider feasible means of mitigating the significant effects of GHG emissions, including reductions in emissions through the implementation of project features or off-site measures (14 CCR 15126.4[c]). The adopted amendments do not establish a GHG emission threshold, instead allowing a lead agency to develop, adopt, and apply its own thresholds of significance or those developed by other agencies or experts. CNRA also acknowledged that a lead agency could consider compliance with regulations or requirements implementing AB 32 in determining the significance of a project’s GHG emissions (CNRA 2009).

With respect to GHG emissions, CEQA Guidelines Section 15064.4(a), as subsequently amended in 2018, states that lead agencies “shall make a good-faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate” GHG emissions. The CEQA Guidelines now note that an agency “shall have discretion to determine, in the context of a particular project, whether to: (1) Quantify greenhouse gas emissions resulting from a project; and/or (2) Rely on a qualitative analysis or performance based standards ” ( 14 CCR 15064.4[a]). Section 15064.4(b) states that the lead agency should consider the following when assessing the significance of impacts from GHG emissions on the environment: (1) the extent to which a project may increase or reduce GHG emissions as compared to the existing environmental setting; (2) whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project; and (3) the extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions (14 CCR 15064.4[b]).

Local
South Coast Air Quality Management District
The Program Area is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Air districts typically act in an advisory capacity to local governments in establishing the framework for environmental review of air pollution impacts under CEQA. This may include recommendations regarding significance thresholds, analytical tools to estimate emissions and assess impacts, and mitigations for potentially significant impacts.

Although air districts will also address some of these issues on a project-specific basis as responsible agencies, they may provide general guidance to local governments on these issues (SCAQMD 2008). As discussed in

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Section 4.2.2.2, Thresholds of Significance, below, the SCAQMD has recommended numeric CEQA significance thresholds for GHG emissions for lead agencies to use in assessing GHG impacts of residential and commercial development projects; however, these thresholds have not been adopted.

Southern California Association of Governments
As noted above, California’s 18 MPOs have been tasked with creating SCSs in an effort to reduce the region’s vehicle miles traveled (VMT) in order to help meet AB 32 targets through integrated transportation, land use, housing, and environmental planning. Pursuant to SB 375, CARB set per -capita GHG emissions reduction targets from passenger vehicles for each of the State’s 18 MPOs. For the Southern California Association of Governments (SCAG), the State’s initial mandated reductions were set at 8% by 2020 a nd 13% by 2035. In March 2018, CARB updated the SB 375 targets for SCAG to require 8% reduction by 2020 and a 19% reduction by 2035 in per-capita passenger vehicle GHG emissions.

Pursuant to Government Code Section 65080(b)(2)(B), the SCS must “set forth forecasted development pattern for the region which when integrated with the transportation network, and other transportation measures and policies, will reduce the GHG emissions f rom automobiles and light trucks to achieve the GHG reduction targets.” To that end, SCAG has developed Connect SoCal, the 2020 –2045 RTP/SCS, which complies with CARB’s updated emissions reduction targets and meets the requirements of SB 375 by achieving p er-capita GHG emissions reductions relative to 2005 of 8% by 2020 and 19% by 2035 (SCAG 2020). In addition, the plan anticipates a

25.7% decrease in time spent in traffic delay per capita and a 5% decrease in daily miles driven per capita from 2016 to 2045. The 2020–2045 RTP/SCS is a long-range visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals, and charts a path toward a more mobile, sustainable and prosperous region by making connections between transportation networks, between planning strategies, and between the people whose collaboration can improve the quality of life for southern Californians. Connect SoCal embodies a collective vision for the region’s future and is developed with input from local governments, county transportation commissions, tribal governments, non-profit organizations, businesses and local stakeholders within the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura. The following are the 2020- 2045 RTP/SCS goals (SCAG 2020):

1. Encourage regional economic prosperity and global competitiveness;

2. Improve mobility, accessibility, reliability, and travel safety for people and goods;

3. Enhance the preservation, security, and resilience of the regional transportation system;

4. Increase person and goods movement and travel choices within the transportation system;

5. Reduce GHG emissions and improve air quality;

6. Support healthy and equitable communities;

7. Adapt to a changing climate and support an integrated regional development pattern and transportation network;

8. Leverage new transportation technologies and data-driven solutions that result in more efficient travel;

9. Encourage development of diverse housing types in areas that are supported by multiple transportation options;

10. Promote conservation of natural and agricultural lands and restoration of habitats.

On September 3, 2020, the Regional Council approved the 2020–2045 RTP/SCS in its entirety (SCAG 2020).

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City of Fullerton Climate Action Plan
The City of Fullerton adopted a Climate Action Plan (CAP) as part of its general plan, entitled The Fullerton Plan, on May 1, 2012. The City’s CAP does not include compliance with GHG reduction targets set by the state in the 2017 and 2022 CARB Scoping Plans and is no longer a “CEQA-qualified” document as defined by Sections 15183.5(b) and 15064.4 of the State CEQA Guidelines , as it establishes strategies around a goal to reduce community -wide GHG emissions to 15% below baseline levels by 2020. Therefore, i t cannot be used to determine significance of project-related GHG emission impacts. Therefore, a consistency analysis will be provided with the CAP for informational purposes only.

4.2.3 Thresholds of Significance
CEQA Guidelines
The significance criteria used to evaluate the Program’s GHG emissions impacts is based on the recommendations provided in Appendix G of the CEQA Guidelines. For the purposes of this GHG emissions analysis, the Program would have a significant environmental impact if it would (14 CCR 15000 et seq.):

1. Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment?

2. Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs? Global climate change is a cumulative impact; a project participates in this potential impact through its incremental contribution combined with the cumulative increase of all other sources of GHGs. There are currently no established thresholds for assessing whether the GHG emissions of a project, such as the Program, would be considered a cumulatively considerable contribution to global climate change; however, all reasonable efforts should be made to minimize a project’s contribution to global climate cha nge. In addition, while GHG impacts are recognized exclusively as cumulative impacts (CAPCOA 2008) , GHG emissions impacts must also be evaluated on a project-level under CEQA.

With respect to GHG emissions, the CEQA Guidelines Section 15064.4(a) states that lead agencies “shall make a good-faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate” GHG emissions resulting from a project. The CEQA Guidelines note that an agency has the discretion to either quantify a project’s GHG emissions or rely on a “qualitative analysis or performance -based standards” (14 CCR 15064.4[a]). A lead agency may use a “model or methodology” to estimate greenhouse gas emissions and has the discretion to select the model or methodology it considers “most appropriate to enable decision makers to intelligently take into account the project’s incremental contribution to climate change” (14 CCR 15064.4[c]). The CEQA Guidelines provide that the lead agency should consider the following when determining the significance of impacts from GHG emissions on the environment (14 CCR 15064.4[b]):

The extent a project may increase or reduce GHG emissions as compared to the existing environmental setting.

Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project.

The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions.

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In addition, the CEQA Guidelines specify that “[w]hen adopting or using thresholds of significance, a lead agency may consider thresholds of significance previously adopted or recommended by other public agencies, or recommended by experts, provided the de cision of the lead agency to adopt such thresholds is supported by substantial evidence” (14 CCR 15064.7[c]).

The extent to which a project increases or decreases GHG emissions in the existing environmental setting should be estimated in accordance with Section 15064.4, Determining the Significance of Impacts from Greenhouse Gas Emissions, of the State CEQA Guidelines. The State CEQA Guidelines indicate that when calculating GHG emissions resulting from a project, le ad agencies shall make a good -faith effort based on scientific and factual data (Section 15064.4 (a)), and lead agencies have discretion to select the model or methodology deemed most appropriate for enabling decision makers to intelligently assess the pro ject’s incremental contribution to climate change (Section 15064.4 (c)).

The State CEQA Guidelines do not indicate an amount of GHG emissions that constitutes a significant impact on the environment. Instead, they authorize the lead agency to consider thresholds of significance previously adopted or recommended by other public agencies or recommended by experts, provided the decision of the lead agency to adopt such thresholds is supported by substantial evidence (State CEQA Guidelines Sections 15064.4(a) and 15064.7(c)).

Governor’s Office of Planning and Research Guidance
The Governor’s Office of Planning and Research technical advisory titled, CEQA and Climate Change: Addressing Climate Change through California Environmental Quality Act (CEQA) Review, states that “public agencies are encouraged but not required to adopt thresholds of significance for environmental impacts. Even in the absence of clearly defined thresholds for GHG emissions, the law requires that such emissions from CEQA projects must be disclosed and mitigated to the extent feasible whenever the lead agency determines that the project contributes to a significant, cumulative climate change impact” (OPR 2018). Furthermore, the advisory document indicates that “in the absence of regulatory standards for GHG emissions or other scientific data to clearly define what constitutes a ‘significant impact,’ individual lead agencies may undertake a project-by-project analysis, consistent with available guidance and current CEQA practice” (OPR 2008).

SCAQMD Guidance
In October 2008, the SCAQMD proposed recommended numeric CEQA significance thresholds for GHG emissions for lead agencies to use in assessing GHG impacts of residential and commercial development projects as presented in its Draft Guidance Document – Interim CEQA Greenhouse Gas (GHG) Significance Threshold (SCAQMD 2008). This guidance document, which builds on the previous guidance prepared by the California Air Pollution Control Officers Association, explored various approaches for establishing a significa nce threshold for GHG emissions. The draft interim CEQA thresholds guidance document was not adopted or approved by the Governing Board. However, in December 2008, the SCAQMD adopted an interim 10,000 MT CO 2e per-year screening level threshold for stationary source/industrial projects for which the SCAQMD is the lead agency (see SCAQMD Resolution No. 08-35, December 5, 2008).

The SCAQMD formed a GHG CEQA Significance Threshold Working Group to work with SCAQMD staff on developing GHG CEQA significance thresholds until statewide significance thresholds or guidelines are established. From December 2008 to September 2010, the SCAQMD hosted working group meetings and revised the draft threshold proposal several times, although it did not officially provide these proposals in a subsequent document. The

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SCAQMD has continued to consider adoption of significance thresholds for residential and general land use development projects.

Approach to Determining Significance
As discussed previously, the City’s CAP does not include compliance with GHG reduction targets set by the state in the 2017 and 2022 CARB Scoping Plans and is no longer a “CEQA -qualified” document as defined by Sections 15183.5(b) and 15064.4 of the State CEQA Guidelines and cannot be used to determine significance of project - related GHG emission impacts.

Given that neither the C ity, nor CARB, nor SCAQMD have adopted a numerical threshold of significance for GHG emissions within the City or region, the approach for evaluating the Program’s impacts related to GHG emissions relies on compliance with applicable plans, policies, or regulations adopted for the purposed of reducing the emissions of GHGs. The compliance evaluation is the sole basis for determining the significance of the Program’s GHG-related impacts on the environment.

Nevertheless, and in accordance with Section 15064.4 of the State CEQA Guidelines, GHG emissions resulting from construction and operation of the Program were quantitatively estimated. The potential impacts from Program- related GHG emissions were assessed based on the increase in GHG emissions from the Program without removing emissions from existing land uses. The GHG emissions associated with implementation of the Program were estimated using industry standard and accepted software tools, techniques, and emissions factors, as described below for construction and operation under Section 4.2.4. Estimation of emissions is for informational purposes only, for comparison with existing environmental conditions. The significance of the Program’s GHG impacts is based on the Program’s compliance with statewide GHG reduction regulations and requirements. At the state level, guidance on reduction strategies for GHG emissions has been provided through the CARB Scoping Plans and at the local level through the SCAG RTP/SCS3.

The Scoping Plan (approved by CARB in 2008 and updated in 2014, 2017, and 2022) provides a framework for actions to reduce California’s GHG emissions and requires CARB and other state agencies to adopt regulations and other initiatives to reduce GHGs. The Scoping Plan is not directly applicable to specific projects, nor is it intended to be used for project -level evaluations.4 Under the Scoping Plan, however, there are several state regulatory measures aimed at the identification and reduction of GHG emissions. CARB and other state agencies have adopted many of the measures identified in the Scoping Plan. Most of these measures focus on area source emissions (e.g., energy usage, high-GWP GHGs in consumer products) and changes to the vehicle fleet (i.e., hybrid, electric, and more fuel-efficient vehicles) and associated fuels (e.g., Low Carbon Fuel Standard), among others.

CARB’s 2017 Scoping Plan specifically emphasizes the importance of reducing VMT of on -road vehicles to lower mobile-source GHG emissions to achieve statewide reduction targets. The 2017 Scoping Plan recommends a 15% reduction in total light-duty VMT from the business-as-usual scenario in 2050 in alignment with the Mobile Source Strategy (CARB 2017 a and CARB 202 2a). CARB analysis on the relationship of VMT reductions to state climate goals found that certain land use development projects that have total VMT per capita of 14.3% lower than existing

3 As discussed in Section 4.2. 2, the City’s CAP had a horizon year of 2020, and is no longer a qualified CAP that can be used in CEQA analyses per CEQA Guidelines Section 15183.5.
4 The Final Statement of Reasons for the amendments to the State CEQA Guidelines reiterates the statement in the Initial Statement of Reasons that “[t]he Scoping Plan may not be appropriate for use in determining the significance of individual projects because it is conceptual at this stage and relies on the future development of regulations to implement the strategies identified in the Scoping Plan” (CNRA 2009).

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conditions, and light-duty VMT per capita of 16.8% lower than existing conditions could be considered consistent with transportation assumptions assumed for the 2017 Scoping Plan and with the state’s long -term (i.e., 2050) GHG reduction goals (CARB 2017a). Per Section 15064.3 of the revised (2024) State of California Environmental Quality Act (CEQA) Guidelines, VMT is the most appropriate measure of transportation impacts, and is defined as the amount and distance of automobile traffic attributable to a project (OPR 2024). This methodology is consistent with the guidance provided in OPR’s Technical Advisory on Evaluating Transportation Impacts in CEQA, which assists with making significance determinations for transportation impacts in accordance with SB 743. Per the CEQA Guidelines, VMT is the most appropriate metric to ensure that transportation impacts from project -level environmental review under CEQA align with the state’s long-term GHG reduction goals (OPR 2018). CARB adopted the 2022 Scoping Plan Update in December 2022 to discuss progress toward reaching the 2030 target and to address how the state will achieve carbon neutrality by 2045, as required by AB 1279. In the 2022 Plan, CARB builds on and accelerates programs already in place to reduce anthropogenic sources of GHG emissions and introduces new strategies to capture and store carbon. Appendix D: Local Actions of the Draft Plan outlines local actions that residential and mixed -use projects can implement to address their largest sources of emissions including transportation electrification, VMT reduction, and building decarbonization. CARB identifies these three sources as “Priority Areas” given that they represent those with the highest GHG reduction potential and GHG reduction opportunities for which local governments and agencies have the most authority (CARB 2022b).

Importantly, the 2022 Update emphasizes that there is no realistic path to reaching the 2045 goal of carbon neutrality without removing and sequestering carbon from the atmosphere. So, in addition to programs that aim to reduce GHG emissions, the Draft Plan proposes strategies to capture and store carbon, highlighting the importance of nature-based solutions through preservation and climate smart management of the state’s natural and working lands (NWLs). Modeling conducted for the Draft Scoping Plan shows that California’s NWLs are projected to be a net source of emissions (i.e., releasing more CO2 emissions than they store) through 2045, which is historically due to human activities, such as land use change, and natural disturbances, such as wildfire. Therefore, the ability of the state’s NWLs to act as a net sink (i.e., sequester and store more at mospheric CO2 than they release) to help support the state’s carbon neutrality goals is dependent on climate smart land management.

If the Program does not conflict with the regulations and actions outlined in the applicable state plans (i.e., 2022 Scoping Plan) and local plans (i.e., SCAG RTP/SCS and City’s General Plan), the Program could appropriately rely on their use as showing compliance with performance -based standards adopted to fulfill the statewide goal for reducing GHG emissions. The Program’s compliance with regulatory programs adopted by CARB, and other state and local agencies is therefore used to evaluate the significance of the project’s GHG emissions.

4.2.4 Methodology
Approach
As described in Chapter 3, Project Description, the Fullerton Housing Incentive Overlay Zone is a policy document that 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 Fullerton Housing Incentive Overlay Zone, which would facilitate additional future development. Therefore, this Draft EIR does not assess the site-specific construction and operation details of each future development within the Program Area. Rather, it assesses the impacts associated with proposed land use changes and programs, and the associated overall effects of buildout of the Program through 20 29, where reasonably foreseeable physical changes to the environment could occur. Analysis at a parcel or site-specific level

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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.

The anticipated development for the Program is categorized by land use type and square footage. However, since specifics for construction and operation of future development under the proposed Program are not yet available, the California Emissions Estimator Model (CalEEMod) default values were assumed based on development land use type and size.

Construction Emissions
CalEEMod Version 2022.1 was used to estimate Program-generated GHG emissions during construction.

Construction of the Program would result in GHG emissions primarily associated with use of off -road construction equipment, on-road hauling and vendor (material delivery) trucks, and worker vehicles. For purposes of estimating proposed Program emissions, construction is assumed to start in 202 4 and have a duration of 5 years, reaching completion in December 2029. While construction specifics for buildout of the proposed Program are not currently available, the analysis contained herein is based on the first full year of construction (2024), which is the estimated worst-case construction year because equipment and vehicle emission factors for later years would be slightly less due to more stringent standards for off-road equipment and heavy-duty trucks, as well as fleet turnover replacing older equipment and vehicles in later years. To estimate a single year of construction, the entire Program buildout land use quantities was scaled by 1 year of construction (i.e., 20 percent of total buildout) and then compressed to a 1 -year period. CalEEMod default values for buildout of 20 percent of the Program was estimated to take approximately 16 years; therefore, corresponding construction equipment were multiplied by a factor of 1 6 to account for the compressed 1 -year period (i.e., reducing schedule to one sixteenth and increasing intensity by multiplying the equipment by 16). Worker and vendor trips were similarly multiplied by 1 6. CalEEMod default trip length values were u sed for the distances for all construction -related trips. The resulting 1 -year construction assumptions are provided for each year of construction (duration of phases is approximate):
▪ Demolition: 13 days
▪ Site Preparation: 8 days
▪ Grading: 19 days
▪ Building Construction: 194 days
▪ Paving: 14 days
▪ Application of Architectural Coatings: 14 days
While only one phase of each type of construction activity is included in the model run, it is anticipated that this model scenario would include construction activity at more than one site within the Program Area. Not all future development would require all of the construction phases assumed above; however, the following six default CalEEMod construction phases were included to present the potential range of emissions and capture a potential maximum daily and annual scenario: demolition, site preparation, grading, building construction, paving, and architectural coating. For example, due to the developed nature of most parcels in the Program Area, many future projects may only require a demolition phase (of existing buildings and asphalt pavement) and minor site preparation phase prior to building construction, while some future projects may require renovation, which would be less intensive (and therefore, less polluting) than a full reconstruction of a development site. In addition, some future projects may not require any demolition, but would require site preparation and/or grading to prepare the site for development. The total project demolition value of 6,938,186 square feet was used to calculate haul truck trips for the project demolition phases. Due to the speculative nature of the amount of asphalt paving associated

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with potential future development, VOC off -gassing from asphalt pavement application is not included in the emissions estimates; however, paving phase emissions associated with paving equipment and vehicle trips are captured. Grading quantities are currently not identified; grading is anticipated to be minimal within the Program Area because the Program Area is generally built out, and therefore, it is likely that the majority of grading for the Program Area took place during initial building development. Additionally, nearly all the sites proposed to be rezoned to accommodate additional housing would have realistic dwelling unit capacities of less than 10 units and would therefore not be likely to require the construction of any subterranean parking facilities or other built-environment features requiring substantial grading activities. However, to capture potential haul truck trips during the grading phase, it was assumed that 10,000 cubic yards would be exported during the site preparation and grading phases for the 1-year construction scenario.

The construction equipment mix and vehicle trips used for estimating the Program-generated construction emissions are shown in Table 4.2-3, Construction Scenario Assumptions. For the analysis, it was assumed that heavy construction equipment would be operating at the site 5 days per week (22 days per month) during proposed Program construction.5
Table 4.2-3. Construction Scenario Assumptions
Construction Phase
One -Way Vehicle Trips Equipment
Average
Daily
Worker
Trips
Average
Daily
Vendor
Truck
Trips
Total
Haul
Truck
Trips Equipment Type Quantity
Usage
Hours
Demolition 256 32 1,228 Concrete/Industrial Saws 16 8
Excavators 48 8
Rubber Tired Dozers 32 8
Site Preparation 288 32 0 Rubber Tired Dozers 48 8
Tractors/Loaders/
Backhoes 64 8
Grading 320 32 66 Excavators 32 8
Graders 16 8
Rubber Tired Dozers 16 8
Scrapers 32 8
Tractors/Loaders/
Backhoes 32 8
Building Construction 82,048 12,192 0 Cranes 16 7
Forklifts 48 8
Generator Sets 16 8
Tractors/Loaders/
Backhoes 48 7
Welders 16 8
Paving 256 96 0 Pavers 32 8
Paving Equipment 32 8

5 As shown in Table 4.2 -3, most equipment was assumed to operate for up to 8 hours per day. In reality, it is anticipated that equipment would be used for less than 8 hours a day when considering mandated worker breaks and that equipment would only be operated when needed; in addition, it is anticipated that the construction areas are within infill areas, and that not every piece of equipment could be in operation at the same time. Therefore, the equipment usage hours are anticipated to be conservative.

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Table 4.2-3. Construction Scenario Assumptions
Construction Phase
One -Way Vehicle Trips Equipment
Average
Daily
Worker
Trips
Average
Daily
Vendor
Truck
Trips
Total
Haul
Truck
Trips Equipment Type Quantity
Usage
Hours
Rollers 32 8
Architectural Coating 16,400 0 0 Air Compressors 16 6
Notes: See Appendix C, Air Quality and Greenhouse Gas Emissions Modeling, for details.

Operational Emissions
As stated in Section 4.1, Air Quality, an operational year of 2029 was assumed to provide an estimate of emissions of the anticipated buildout of development. In order to take credit for the emissions of the existing land uses, a net operational analysis was conducted. As stated in Section 3.2.2, the existing land uses are as follows: approximately 486 parcels contain existing commercial uses with an estimated 4,637,709 square feet of structures on site. Industrial uses within the Planning Area comprise 99 parcels with approximately 2,118,566 square feet of existing structures.

Office uses consist of 2 parcels with a total of 5,471 square feet. Approximately 51 parcels, or 13 acres of land, are identified as vacant land or parking lots. The total number of existing residential units is unknown; however, it is estimated that approximately 176,441 square feet of building area is occupied by residential land uses.

Area Sources. Landscape maintenance equipment would generate emissions from fuel combustion and evaporation of unburned fuel. Equipment in this category would include lawnmowers, shredders/grinders, blowers, trimmers, chain saws, and hedge trimmers used to maintain the landscaping of the Program. The emissions associated with landscape maintenance equipment were calculated based on assumptions provided in CalEEMod.

Energy Sources. GHGs are emitted from buildings as a result of activities for which electricity and natural gas are typically used as energy sources. Combustion of any type of fuel emits CO 2 and other GHGs directly into the atmosphere; these emissions are considered direct emissions associated with a building; the building energy use emissions do not include street lighting.6 GHGs are also emitted during the generation of electricity from fossil fuels; these emissions are consid ered to be indirect emissions. GHG emissions associated with the natural gas and electricity usage associated with the Program were calculated by CalEEMod using default parameters . The CalEEMod default energy intensity factor (CO 2, CH 4, and N 2O mass emissions per kilowatt -hour) for Southern California Edison is based on the value for Southern California Edison’s energy mix in 2018. As explained in Section

4.2.2, SB 100 and SB 1020 call for further development of renewable energy, with a target of 44% by December 31, 2024; 52% by December 31, 2027; 60% by December 31, 2030; 90% by December 31, 2035 ; 95% by December 31, 2040 ; and 100% by December 31, 2045 . As such, GHG emissions associated with Program electricity demand would continue to decrease over time.

Mobile Sources. All details for criteria air pollutants discussed in Section 4.1.2 are also applicable for the estimation of operational mobile source GHG emissions. Regulatory measures related to mobile sources include AB 1493 (Pavley) and related federal standards. AB 1493 required that CARB establish GHG emission standards for

6 The CalEEMod emissions inventory model does not include indirect emission related to street lighting. Indirect emissions related to street lighting are expected to be negligible and cannot be accurately quantified at this time as there is insufficient information as to the number and type of street lighting that would occur.

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automobiles, light-duty trucks, and other vehicles determined by CARB to be vehicles that are primarily used for noncommercial personal transportation in the State. In addition, the NHTSA and EPA have established corporate fuel economy standards and GHG emission standards, respectively, for automobiles and light-, medium-, and heavy- duty vehicles. Implementation of these standards and fleet turnover (replacement of older vehicles with newer ones) will gradually reduce emissions from the Program’s motor vehi cles. The effectiveness of fuel economy improvements was evaluated by using the CalEEMod emission factors for motor vehicles in 2029 for the Program to the extent it was captured in EMFAC 2021.

Solid Waste. Residential land uses will result in the generation and disposal of solid waste. A large percentage of this waste will be diverted from landfills by a variety of means, such as reducing the amount of waste generated, recycling, and/or composting. The remainder of the waste not diverted will be disposed of at a landfill. GHG emissions from landfills are associated with the anaerobic breakdown of material. GHG emissions associated with the disposal of solid waste associated with the Program were calculated by CalEEMod using default parameters.

Water and Wastewater Treatment. Supply, conveyance, treatment, and distribution of water for the Program land uses require the use of electricity, which would result in associated indirect GHG emissions. Similarly, wastewater generated by the Program land uses requires the use of electricity for conveyance and treatment, along with GHG emissions generated during wastewater treatment. The indoor and outdoor water use and electricity consumption from water use, and wastewater generation were estimated using CalEEMod default values for the Program.

Refrigerants. Refrigerants are substances used in equipment for air conditioning (A/C) and refrigeration. Most of the refrigerants used today are HFCs or blends thereof, which can have high GWP values. All equipment that uses refrigerants has a charge size (i.e., quantity of refrigerant the equipment contains), and an operational refrigerant leak rate, and each refrigerant has a GWP that is specific to that refrigerant. CalEEMod quantifies refrigerant emissions from leaks during regular operation and routine servicing over the equipment lifetime, and then derives average annual emissions from the lifetime estimate.

4.2.5 Impacts Analysis
GHG-1. Would the Program generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
and
GHG-2. Would the Program generate conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Applicable plans, policies, or regulations adopted for the purpose of reducing GHG emissions include the SCAG’s 2020-2045 RTP/SCS and CARB’s Scoping Plan. The proposed Program’s potential to conflict with these plans, policies, and regulations is discussed below.

SCAG’s 2020 -2045 RTP/SCS
The SCAG 2020 –2045 RTP/SCS is a regional growth management strategy that targets per -capita GHG reduction from passenger vehicles and light trucks in the southern California region pursuant to SB 375. In addition to demonstrating the region’s ability to at tain the GHG emission -reduction targets set forth by CARB, the 2020 –2045 RTP/SCS outlines a series of actions and strategies for integrating the

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transportation network with an overall land use pattern that responds to projected growth, housing needs, changing demographics, and transportation demands. Thus, successful implementation of the 2020–2045 RTP/SCS would result in more complete communities with a variety of transportation and housing choices, while reducing automobile use.

The following strategies are intended to be supportive of implementing the 2020 –2045 RTP/SCS and reducing GHGs: focus growth near destinations and mobility options; promote diverse housing choices; leverage technology innovations; support implementation of sustainability policies; and promote a green region. The strategies that pertain to SCAG’s support of local jurisdiction sustainability efforts would not apply to the proposed Program because those are strategies that are taken by SCAG to work with local jurisdictions to implement SCAG’s goals and policies. (SCAG 2020). Compliance with the remaining applicable strategies is presented below.
▪ Focus Growth Near Destinations and Mobility Options. The proposed Program would facilitate the potential development of up to 35,611 residential units. As stated in Section 3.0, Project Description, four criteria were considered when analyzing parcels for consideration in the HIOZ.

One of the criteria was their location within opportunity areas; 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 . As such, the facilitation of the proposed Program would provide residences within proximity to transit services. The Program’s site location would reduce VMT by being in proximity to complimentary land uses and employment centers, which could encourage use of alternative transportation methods such as transit, walking, or biking, or would result in shorter vehicle trips.
▪ Promote Diverse Housing Choices. The proposed Program would comply with this strategy of the 2020–2045 RTP/SCS since it would result in the development of diverse housing types as well as new market-rate and affordable residential units to increase a mix of housing supply options. The proposed Program includes goals and policies that would provide a range of housing types in sufficient supply to meet the needs of current and future residents, provide a supply that ranges broadly in housing costs, and mainta in a healthy and diverse housing supply. For example, the project will 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.
▪ Leverage Technology Innovations. The proposed Program would comply with this strategy of the 2020-2045 RTP/SCS since it would be required to comply with the 2022 Title 24 Standards and 2022 CALGreen at a minimum, through energy -efficient design and support low emission technologies for transportation, such a s alternative fuel vehicles to reduce per capita GHG emissions. As required by 2022 CALGreen, the proposed Program residential units would be required 10% of all parking spaces to be electric vehicle capable. ▪ Promote a Green Region. Another applicable strategy within the 2020 –2045 RTP/SCS to the proposed Program involves promoting a green region through efforts such as supporting local policies for renewable energy production and promoting more resource efficient development (e.g., reducing energy consumption) to reduce GHG emissions. The development of multi -family residences allowed for by the proposed Program would be required to comply with 2022 Title 24 building code (at a minimum), which would require installation solar photovoltaic systems.

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Because the proposed Program would comply with the applicable GHG reduction strategies outlined in the 2020-2045 RTP/SCS impacts related to consistency with an applicable GHG reduction plan would be less than significant.

CARB Scoping Plan, SB 32, and EO S -3-05
As discussed above, the California State Legislature passed AB 32 to provide initial direction to limit California’s GHG emissions to 1990 levels by 2020 and initiate the state’s long -range climate objectives.

Since the passage of AB 32, the State has adopted GHG emissions reduction targets for future years beyond the initial 2020 horizon year. CARB is required to develop the Scoping Plan, which provides the framework for actions to achieve the State’s GHG emission targets. While the Scoping Plan is not dir ectly applicable to specific projects, nor is it intended to be used for project-level evaluations, it is the official framework for the measures and regulations that will be implemented to reduce California’s GHG emissions in alignment with the adopted ta rgets. Therefore, a project would be found to not conflict with the statutes if it would meet the Scoping Plan policies and would not impede attainment of the goals therein.

For the Program, the relevant GHG emissions reduction targets include those established by SB 32 and AB 1279, which require GHG emissions be reduced to 40% below 1990 levels by 2030, and 85% below 1990 levels by 2045, respectively. In addition, AB 1279 requires the state achieve net zero GHG emissions by no later than 2045 and achieve and maintain net negative GHG emissions thereafter. CARB’s 2017 Scoping Plan update was the first to address the state’s strategy for achieving the 2030 GHG reduction target s et forth in SB 32 (CARB 2017 a), and the most recent CARB 2022 Scoping Plan update outlines the state’s plan to reduce emissions and achieve carbon neutrality by 2045 in alignment with AB 1279 and assesses progress is making toward the 2030 SB 32 target (CARB 2022a). As such, given that SB 32 and AB 1279 are the relevant GHG emission targets, the 2017 and 2022 Scoping Plan updates that outline the strategy to achieve those targets, are the most applicable to the Program.

The 2017 Climate Change Scoping Plan Update (Second Update) included measures to promote renewable energy and energy efficiency (including the mandates of SB 350), increase stringency of the Low Carbon Fuel Standard (LCFS), measures identified in the Mobile Source and Freight Strategies, measures identified in the proposed Short-Lived Climate Pollutant Plan, and increase stringency of SB 375 targets. The 2022 Scoping Plan for Achieving Carbon Neutrality (Third Update) builds upon and accelerates programs currently in place, including moving to zero-emission transportation; phasing out use of fossil gas use for heating homes and buildings; reducing chemical and refrigerants with high GWP; providing communities with sustainable options for walking, biking, and public transit; and displacement of fossil -fuel fired electrical generation through use of renewable energy alternatives (e.g., solar arrays and wind turbines) (CARB 2022a).

Many of the measures and programs included in the Scoping Plan would result in the reduction of Program- related GHG emissions with no action required at the project -level, including GHG emission reductions through increased energy efficiency and renewable energy production (SB 350), reduction in carbon intensity of transportation fuels (LCFS), and the accelerated efficiency and electrification of the statewide vehicle fleet (Mobile Source Strategy). Given that the Program would be located in a High-Quality Transit Area and a SCAG recognized TPA, the Program would also not conflict with the Second Update’s goal of reducing GHG emissions through reductions in VMT statewide.

The 2045 carbon neutrality goal required CARB to expand proposed actions in the Third Update to include those that capture and store carbon in addition to those that reduce only anthropogenic sources of GHG

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emissions. The proposed project would support the state’s carbon neutrality goals, as implementation includes addition of urban -tree and native plantings throughout the project site, which represent opportunities for potential carbon removal and sequestration over the project lifetime. However, the Third Update emphasizes that reliance on carbon sequestration in the state’s natural and working lands will not be sufficient to address residual GHG emissions, and achieving carbon neutrality will require resear ch, development, and deployment of additional methods to capture atmospheric GHG emissions (e.g., mechanical direct air capture). Given that the specific path to neutrality will require development of technologies and programs that are not currently known or available, the Program’s role in supporting the statewide goal would be speculative and cannot be wholly identified at this time.

Table 4.2-4 evaluates the Program’s potential to conflict with the 2022 Scoping Plan, specifically the project attributes to reduce operational GHG emissions identified in Appendix D, Local Actions (CARB 2022c). Per the Scoping Plan, empirical evidence shows that development projects that are consistent with these attributes to reduce GHG emissions will accommodate growth in a manner that aligns with the GHG and equity goals of SB 32. Additionally, consistency with the Plan project attributes will ensure that projects are:
1) addressing the largest sources of their operational emissions, 2) are in alignment with the priority areas defined for Local Climate Action and are in alignment with the state’s climate goals.

Table 4.2-4. Program Potential to Conflict with 2022 Scoping Plan Climate Change Policies and Measures
Plan Program Attributes Potential to Conflict
Transportation Electrification
Provide EV charging infrastructure at
least in accordance with CALGreen
Tier 2 standardsi
No conflict. The Program would meet the EV charging infrastructure standards required by the most recent CALGreen standards.

VMT Reduction
Is located on infill sites that are
surrounded by existing urban uses
and reuses or redevelop previously
undeveloped or underutilized land
presently served by existing utilities
and essential public services (e.g.,
transit, streets, water, sewer)d
No conflict. The existing land uses in the Planning Area include 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) Do not result in the loss or conversion
of the State’s natural and working
lands
No conflict. The Program would not convert natural and working lands.

The Program would develop a mixed-use development on
underutilized land.

Consists of transit-supportive
densities (minimum of 20 residential
dwelling units/acree), or
In in proximity to existing transit
(within ½ mile),f or
Satisfies more detailed and stringent
criteria specified in the region’s
Sustainable Communities Strategy
(SCS)
No conflict. This attribute accounts for the VMT reduction achieved by a project that is designed with a higher density of dwelling units compared to the average residential density in the U.S. Increased densities affect the distance people travel and provide greater options for the mode of travel they choose. Increasing residential density results in shorter and fewer trips by single-occupancy vehicles and thus a reduction in GHG emissions of up to 30% from project VMT in the study area (CAPCOA 2022).

Similarly, transit-oriented development [defined as being located within a 10-minute walk/0.5 mile of a high frequency transit stop

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Table 4.2-4. Program Potential to Conflict with 2022 Scoping Plan Climate Change Policies and Measures
Plan Program Attributes Potential to Conflict
(such as the Metrolink Station)] reduces VMT and associated vehicle GHG emissions by up to 31% (CAPCOA 2022).c
For the purposes of this Program EIR, a maximum density of 60 du/ac across the Planning Area is assessed to determine the maximum potential environmental effects of the proposed Program. Therefore, the Program would result in a maximum growth potential of 35,611 units. As stated in Section 3.0, Project Description, four criteria were considered when analyzing parcels for consideration in the HIOZ. One of the criteria was their location within opportunity areas; 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. As such, the facilitation of the proposed Program would provide residences within proximity to transit services. The Program’s site location would reduce VMT by being in proximity to complimentary land uses and employment centers, which could encourage use of alternative transportation methods such as transit, walking, or biking, or would result in shorter vehicle trips.

Relax parking requirementsj by:
▪ Eliminating parking requirements
or including maximum allowable
parking ratios.
▪ Providing residential parking
supply at a ratio of <1 parking
space per unit.
▪ Unbundling residential parking
costs from costs to rent or lease.

No conflict. This attribute unbundles, or separates, a residential project’s parking costs from property costs, requiring those who wish to purchase parking spaces to do so at an additional cost. The assumption of this attribute is that parking costs are passed through to the vehicle owners/drivers utilizing the parking spaces, thus, this measure results in decreased vehicle ownership and, therefore, a reduction in VMT and GHG emissions. The intent of this measure is incentive increased use of public transit and thus result in less emissions. This measure can achieve up to 15.7% reduction in emissions from project VMT in the study area (CAPCOA 2022).

As discussed above, transit-oriented development [defined as being located within a 10-minute walk/0.5 mile of a high frequency transit stops (such as the Metrolink Station)] reduces VMT and associated vehicle GHG emissions by up to 31% (CAPCOA 2022).c
The Program provides residential parking in accordance with City standards.

At least 20% of the units are
affordable to lower-income residents
a,b
No conflict. Affordable housing provides greater opportunity for lower income families to live closer to job centers and achieve a jobs/housing match near transit. It is also an important strategy to address the limited availability of affordable housing that might force residents to live far away from jobs or school, requiring longer commutes. The affordable housing designation is intended to reduce VMT through living more compactly in location-efficient areas.

Affordable housing achieves up to 28.6% reduction in GHG emissions from project/site multifamily residential (CAPCOA 2022).c As discussed above, Transit-oriented development achieves up to 31% reduction in GHG emissions from project VMT (CAPCOA 2022).c The project 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

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Source: CARB 2022b.

Notes: MMT CO2e = million metric tons of carbon dioxide equivalent. a Newmark and Haas 2015.
b California Housing Partnership Corporation and TransForm 2014. c These measures are not additive such that you could achieve a greater than 50% reduction by incorporating both characteristics in a project design.
d California Government Code Section 65041.1.
e Federal Transit Administration. 2014.
f Washington Department of Transportation. 2013.
g Energy and Environmental Economics. 2019.
h Energy and Environmental Economics. 2021.
i Cal. Code of Regs., tit. 24, Part 11.
j CAPCOA 2021.

As shown in Table 4.2-4, the Program would not conflict with the project attributes that reduce GHG emissions identified by the 2022 Scoping Plan for residential/mixed-use projects, other than the use of all- electric appliances. According to the Scoping Plan, these attributes are a guide to determine residential/mixed-use projects that are clearly consistent with the state’s climate strategy for CEQA purposes and are not necessarily required. However, Lead Agencies may determine with adequate supporting evidence, that projects that incorporat e some, but not all the key project attributes are consistent with the State’s climate goals. The proposed Program incorporates many of the recommended attributes, but not to the level specified for affordable housing and all-electric development. However, the Program would provide residences within proximity to transit services. The Program’s site location would reduce VMT by being in proximity to complimentary land uses and employment centers, which could encourage use of alternative transportation methods such as transit, walking, or biking, or would result in shorter vehicle trips. As such, the City finds that the Program would not conflict with the State’s climate goals and would result in a less than significant impact relative to GHG emissions and reduction plans. No mitigation is required.

Table 4.2-4. Program Potential to Conflict with 2022 Scoping Plan Climate Change Policies and Measures
Plan Program Attributes Potential to Conflict
housing for a minimum of 55 years. These units do not meet the 20% or greater recommendation. However, the development of residential uses on a commercial site helps to increase the supply of homes and promotes affordability. The development also helps the City balance its jobs to housing match near transit. The Program would provide access to transit and be in a location-efficient area. The Program would align with the goals of SB 743 to provide a mix of land uses in an urban environment and to reduce VMT by placing residential and employment uses near other urban uses and transit options.

Result in no net loss of existing
affordable units
No conflict. Implementation of the Program would create a net gain of affordable housing units.

Building Decarbonization
Use all electric appliances, without
any natural gas connections, and
would not use propane or other fossil
fuels for space heating, water
heating, or indoor cooking g,h
No conflict. The proposed Program has implemented SCAQMD Rule 445, which includes the prohibition of the use of wood burning devices and wood stoves. Furthermore, the proposed project has implemented MM-AQ-2, which encourages projects to adopt all-electric development.

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City of Fullerton Climate Action Plan
The City’s CAP does not include compliance with GHG reduction targets set by the state in the 2017 and 2022 CARB Scoping Plans and is no longer a “CEQA -qualified” document as defined by Sections 15183.5(b) and 15064.4 of the State CEQA Guidelines. Therefore, a consistency analysis is provided below for informational purposes only.

The City of Fullerton CAP provides a framework for reducing GHG emissions to 15 percent below baseline levels by 2020. The CAP includes the following four strategies:
▪ Transportation and Mobility. Promote a balanced transportation system that promotes the use of public transportation and bicycles, reduces congestion, and helps encourage residents to engage in healthy and active lifestyles.
▪ Energy Use and Conservation. Reduce the carbon footprint of municipal operations to serve as a leader for the community and support the construction of buildings that are energy efficient and incorporate clean, renewable energy sources.
▪ Water Use and Efficiency. Conserve and protect water resources and promote efficiency through public education.
▪ Solid Waste Reduction and Recycling. Manage solid waste generation and diversion in order to achieve a zero-waste future.

The facilitation of the proposed Program would provide residences within proximity to transit services. The Program’s site location would reduce VMT by being in proximity to complimentary land uses and employment centers, which could encourage use of alternative transportation methods such as transit, walking, or biking, or would result in shorter vehicle trips. The project does not concern municipal operations, so any CAP measures pertaining to them would not be applicable. The Program would not impede the City from educating the public on water conservation and resource protection or from managing solid waste generation and diversion. Therefore, the Program would be consistent with, or otherwise would not conflict with, the CAP’s strategies, goals, and measures to reduce GHG within the City of Fullerton.

Conclusion
As discussed above, the Program is well positioned to encourage transit use and reduce VMT. The Program would comply with California building code standards which require the incorporation of increasing building energy efficiency standards, renewable energy in the form of solar photovoltaics, and electric vehicle infrastructure. The 2022 Scoping Plan and the SCAG 2020 -2045 RTP/SCS were determined to be the applicable GHG reduction plans to evaluate project consistency. As shown above, the proposed Program does not conflict with the 2022 Scoping Plan or the SCAG RTP/SCS. This is a less than significant impact.

No mitigation is required.

Quantification of Emissions
In accordance with CEQA Guidelines Section 15064.4(c), the Program’s construction and operational GHG emissions have been quantified for disclosure purposes only. The Program’s significance has been evaluated based on its potential to conflict with applicable GHG reduction plans.

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Construction Emissions
Construction of the Program would result in GHG emissions, which are primarily associated with the use of off-road construction equipment, haul trucks, on-road vendor trucks, and worker vehicles.

CalEEMod 2022.1.1.21 was used to calculate the annual GHG emissions based on the construction scenario described in Section 4. 2.4. Construction of the Program is anticipated to commence in January 2024 and would last approximately 5 years, ending in December 2029. On-site sources of GHG emissions include off-road equipment and off-site sources including vendor trucks and worker vehicles. Table 4.2 -5 presents construction emissions for the Program from on-site and off-site emission sources.

Table 4.2-5. Estimated Annual Construction Greenhouse Gas Emissions - Unmitigated Year
CO 2 CH 4 N2O R CO 2e
Metric Tons per Year
2025 138,507.69 4.10 9.75 221.71 141,737.58
2026 138,507.69 4.10 9.75 221.71 141,737.58
2027 138,507.69 4.10 9.75 221.71 141,737.58
2028 138,507.69 4.10 9.75 221.71 141,737.58
2029 138,507.69 4.10 9.75 221.71 141,737.58
Total 708,687.92
Amortized 30-Year Construction Emissions 23,622.93
Notes: CO2 = carbon dioxide; CH4 = methane; N2O = nitrous oxide; R = refrigerant; CO2e = carbon dioxide equivalent; <0.01 = reported value less than 0.01. The values shown are the annual emissions reflect CalEEMod “mitigated” output.

Totals may not add due to rounding.

See Appendix C for complete results.

As shown in Table 4.2-5, the estimated total GHG emissions during construction of would be approximately 708,688 MT CO2e over the construction period. Estimated Program-generated construction emissions amortized over 30 years would be approximately 23,623 MT CO2e per year. As with Program-generated construction criteria air pollutant emissions, GHG emissions generated during construction of the Program would be short -term in nature, lasting only for the duration of the construction period, and would not represent a long-term source of GHG emissions.

Operational Emissions
Operation of the Program would generate GHG emissions through vehicle trips by residents and visitors to and from the Program Area; landscape maintenance equipment operation; energy use (generation of electricity consumed by the Program); solid waste disposal; and generation of electricity associated with water supply, treatment, and distribution and wastewater treatment. CalEEMod was used to calculate the annual GHG emissions based on the operational assumptions described in Section 4.2.4.

The estimated operational Program-generated GHG emissions from area sources, energy usage, motor vehicles, solid waste generation, refrigerant use, and water usage and wastewater generation are shown in Table 4.2-6.

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Table 4.2-6. Estimated Annual Operational Greenhouse Gas Emissions Emission Source
CO 2 CH 4 N2O R CO 2e
metric tons per year
Program Emissions
Mobile 38,325.40 1.72 1.55 42.88 38,874.09
Area 1,652.97 0.03 0.00 -- 1,654.98
Energy 10,497.18 0.76 0.06 -- 10,532.70
Water 523.80 8.72 0.21 -- 804.37
Waste 469.93 46.97 -- -- 1,644.11
Refrigerants -- -- -- 8.11 8.11
Total 51,469.27 58.20 1.82 50.99 53,518.36
Amortized 30-Year Construction Emissions 23,622.93
Program Operations + Amortized Construction Total 77,141.29 Existing Land Use Emissions
Mobile 97,735.89 6.03 4.75 106.84 99,409.20
Area 191.85 0.06 0.00 -- 193.83
Energy 24,724.19 1.65 0.16 -- 24,813.41
Water 1,648.82 27.45 0.66 -- 2,532.03
Waste 681.43 68.11 -- 2,384.07
Refrigerants -- -- -- 95.20 95.20
Total 124,982.18 103.30 5.57 202.04 129,427.75
Program Operations + Amortized Construction Net Total -52,286.46 Notes: CO2 = carbon dioxide; CH4 = methane; N2O = nitrous oxide; R = refrigerant; CO2e = carbon dioxide equivalent; <0.01 = reported value less than 0.01; – = no emission estimates reported.

See Appendix C for complete results.

As shown in Table 4.2-6, estimated annual Program-generated GHG emissions would be approximately 53,518 MT CO 2e per year because of Program operation; with amortized construction emissions of approximately 23,623 MT CO2e per year, total Program emissions would be approximately 77,141 MT CO2e per year. The existing land uses would emit approximately 129,428 MT CO2e per year. As such, impacts would be less than significant, and no mitigation is required.

4.2.6 Mitigation Measures
No mitigation measures are required.

4.2.7 Significance Conclusion
Impacts would be less than significant. As such, no mitigation is required.

4.2.8 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

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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 greenhouse gas emissions impacts includes the entire planet and is not limited to any particular region.

As previously discussed above and in Section 4.2.1, Existing Conditions, global climate change is a cumulative impact; a project participates in this potential impact through its incremental contribution combined with the cumulative increase of all other sources of GHGs. Thus, GHG evaluations under CEQA are inherently a cumulative study (See Center for Biological Diversity v. California Department of Fish and Wildlife [2015] 62 Cal.4th 204).

Therefore, the significance conclusions reached above in Section 4.2.5, Impact Analysis, with regard to potential Program-related GHG impacts also constitute this Draft EIR’s significance conclusions with regard to cumulative GHG emissions impacts.

4.2.9 References Cited
14 CCR 15000–15387 and Appendices A–L. Guidelines for Implementation of the California Environmental Quality Act, as amended.
75 Federal Register (FR) 25324–25728. Final Rule: “Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards.” July 6, 2010. 77 FR 62624–63200. Final Rule: “2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards.” October 15, 2012.

California Housing Partnership Corporation and TransForm. 2014. “Why Creating and Preserving Affordable Homes Near Transit is a Highly Effective Climate Protection Strategy.” Available at:
https://www.transformca.org/sites/default/files/CHPC%20TF%20Affordable%20TOD%20Climate% 20Strategy% 20BOOKLET%20FORMAT.pdf
CalRecycle (California Department of Resources Recycling and Recovery). 2019. Short-Lived Climate Pollutants (SLCP): Organic Waste Methane Emissions Reductions. Lasted Updated April 16, 2019. Accessed January 2022. https://www.calrecycle.ca.gov/Climate/SLCP/ CAPCOA (California Air Pollution Control Officers Association). 2008 CEQA and Climate Change: Evaluating and Addressing Greenhouse Gas Emissions from Programs Subject to the California Environmental Quality Act.

January 2008. https://opr.ca.gov/docs/Month08-ceqa.pdf
CAPCOA. 2021. Handbook for Analyzing Greenhouse Gas Emissions Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity. Available at: https://www.airquality.org/ ClimateChange/Documents/Final%20Handbook_AB434.pdf
CAPCOA. 2022. California Emissions Estimator Model (CalEEMod) User’s Guide Version 2022.1. Prepared by Trinity Consultants and the California Air Districts. http://www.caleemod.com/.

CARB (California Air Resources Board). 2008. Climate Change Scoping Plan: A Framework for Change. October, approved December 12, 2008. Accessed Month 20, 2018. https://ww2.arb.ca.gov/sites/default/ files/classic/cc/scopingplan/document/psp.pdf.

4.2 – GREENHOUSE GAS EMISSIONS
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CARB. 2014. First Update to the Climate Change Scoping Plan Building on the Framework Pursuant to AB 32 – The California Global Warming Solutions Act of 2006. May 2014. Accessed February 17, 2016. http://www.arb.ca.gov/cc/scopingplan/2013_update/first_update_climate_change_scoping_plan.pdf.

CARB. 2017a. 2017 Climate Change Scoping Plan Update. November 2017. Accessed December 2017. https://www.arb.ca.gov/cc/scopingplan/scoping_plan_2017.pdf.

CARB. 2017b. Short-Lived Climate Pollutant Reduction Strategy. March 2017. Accessed May 2019. https://www.arb.ca.gov/cc/shortlived/meetings/03142017/final_slcp_report.pdf.

CARB. 2018. “Glossary of Terms Used in Greenhouse Gas Inventories.” Last reviewed Month 22, 2018. http://www.arb.ca.gov/cc/inventory/faq/ghg_inventory_glossary.htm.

CARB. 2021. Advanced Clean Trucks Fact Sheet. August 20, 2021. Accessed May 2023 https://ww2.arb.ca.gov/ sites/default/files/2021-08/200625factsheet_ADA.pdf
CARB. 2022a. 2022 Scoping Plan Update. December 2022. Accessed May 2023. https://ww2.arb.ca.gov/ our-work/programs/ab-32-climate-change-scoping-plan/2022-scoping-plan-documents CARB. 2022b. “California Greenhouse Gas Emission Inventory—2022 Edition.” October 26, 2022. Accessed September 2023. https://ww2.arb.ca.gov/sites/default/files/classic/cc/inventory/2000- 2020_ghg_inventory_trends.pdf.

CARB. 2022c. 2022 Scoping Plan Update: Appendix D, Local Actions. https://ww2.arb.ca.gov/sites/default/ files/2022-11/2022-sp-appendix-d-local-actions.pdf
CARB. 2023. “California Greenhouse Gas Emissions from 2000 to 2021: Trends of Emissions and Other Indicators.” https://ww2.arb.ca.gov/sites/default/files/2023-12/2000_2021_ghg_inventory_trends.pdf.

City of Fullerton. 2012. “Climate Action Plan.” https://www.cityoffullerton.com/home/showpublisheddocument/ 3772/637470833294970000.

CNRA (California Natural Resources Agency). 2009. Final Statement of Reasons for Regulatory Action:

Amendments to the State CEQA Guidelines Addressing Analysis and Mitigation of Greenhouse Gas Emissions Pursuant to SB 97. December 2009. http://resources.ca.gov/ceqa/docs/ Final_Statement_of_Reasons.pdf.

CNRA. 2018. California’s Fourth Climate Change Assessment – Los Angeles Regional Report. Accessed May 25, 2023. https://www.energy.ca.gov/sites/default/files/2019-11/Reg%20Report-%20SUM-CCCA4-2018- 007%20LosAngeles_ADA.pdf.

Energy and Environmental Economics. 2019. Residential Building Electrification in California: Consumer economics, greenhouse gases and grid impacts. Available at: https://www.ethree.com/wp- content/uploads/2019/04/E3_Residential_Building_Electrification_in_California_April_2019.pdf. Energy and Environmental Economics. 2021. Achieving Carbon Neutrality in California: PATHWAYS Scenarios Developed for the California Air Resources Board. Available at: https://ww2.arb.ca.gov/sites/default/ files/2020-10/e3_cn_final_report_oct2020_0.pdf. EPA (U.S. Environmental Protection Agency). 2017. “Causes of Climate Change.” Accessed Month 20, 2018. https://19january2017snapshot.epa.gov/ climate-change-science/causes-climate-change_.html.

4.2 – GREENHOUSE GAS EMISSIONS
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EPA. 2023a. Overview of Greenhouse Gases. April 2023. https://www.epa.gov/ghgemissions/ overview-greenhouse-gases.

EPA. 2023b. Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2021. U.S. Environmental Protection Agency, EPA 430-R-23-002. https://www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions- and-sinks-1990-2021.

Federal Transit Administration. 2014. Planning for Transit-Supportive Development: A Practitioner's Guide.

Available at: https://www.transit.dot.gov/funding/funding-finance-resources/transit-oriented- development/planning-transit-supportive. IPCC (Intergovernmental Panel on Climate Change). 2007. IPCC Fourth Assessment Synthesis of Scientific-Technical Information Relevant to Interpreting Article 2 of the U.N.

Framework Convention on Climate Change.

IPCC. 2014. “Summary for Policymakers.” In Climate Change 2014 Synthesis Report. A Report of the Intergovernmental Panel on Climate Change. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change. http://www.ipcc.ch/pdf/ assessment-report/ar5/syr/AR5_SYR_FINAL_SPM.pdf.

IPCC. 2018. “Summary for Policymakers.” In Global Warming of 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre-industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty. Accessed July 2019. https://www.ipcc.ch/site/assets/ uploads/sites/2/2022/06/SPM_version_report_LR.pdf.

Newmark, G. and Haas, P. 2015. “Income, Location Efficiency, and VMT: Affordable Housing as a Climate Strategy.” Available at: https://chpc.net/wp-content/uploads/2016/05/CNT-Working-Paper-revised- 2015-12-18.pdf.

OEHHA (Office of Environmental Health Hazard Assessment). 2018. Indicators of Climate Change in California.

May 9, 2018. https://oehha.ca.gov/media/downloads/climate-change/report/ 2018caindicatorsreportmay2018.pdf
OPR (Governor’s Office of Planning and Research). 2008. CEQA and Climate Change: Addressing Climate Change through California Environmental Quality Act (CEQA) Review. Technical Advisory. Sacramento, California:

OPR. Month 19, 2008. http://opr.ca.gov/docs/Month08-ceqa.pdf.

OPR. 2018. Discussion Draft CEQA and Climate Change Advisory. Accessed March 2019. http://opr.ca.gov/ docs/20181228-Discussion_Draft_Climate_Change_Adivsory.pdf.

OPR. 2024. 2024 CEQA Statute & Guidelines Handbook PDF. https://www.califaep.org/docs/ 2024_CEQA_Statute_and_Guidelines_Handbook.pdf.

PBL (PBL Netherlands Environmental Assessment Agency). 2022. Trends in Global CO2 and Total Greenhouse Gas Emissions, 2021 Summary Report. Accessed November 2022. https://www.pbl.nl/sites/default/ files/downloads/pbl-2022-trends-in-global-co2-and_total-greenhouse-gas-emissions-2021-summary- report_4758.pdf

4.2 – GREENHOUSE GAS EMISSIONS
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SCAG (Southern California Association of Governments). 2020. The 2020–2045 Regional Transportation Plan/Sustainable Communities Strategy of the Southern California Association of Governments, Connect SoCal. Adopted September 3, 2020
SCAQMD (South Coast Air Quality Management District). 2008. “Draft Guidance Document – Interim CEQA Greenhouse Gas (GHG) Significance Threshold.” October 2008.

Washington Department of Transportation. 2013. Tools for Estimating VMT Reductions from Built Environment Changes. Available at: https://www.wsdot.wa.gov/research/reports/fullreports/806.3.pdf.

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INTENTIONALLY LEFT BLANK

4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-1

4.3 Hazards and Hazardous Materials
This section describes the existing hazardous materials conditions of the Program Area and vicinity, identifies associated regulatory requirements, evaluates potential impacts, and identifies mitigation measures related to implementation of the Program. This evaluation considers comments received in response to the NOP, which was released September 8, 2023. The comments, as they relate to hazards and hazardous materials, are summarized as follows:
▪ Department of Toxic Substances Control (DTSC) noted the potential for one or more of the 759 parcels proposed as part of this PEIR to be located on a site having documented contamination, land use restrictions, or listed on a hazardous materials site compi led pursuant to Government Code Section 65962.5. It was recommended all of the proposed parcels be evaluated for these potential hazards and hazardous material impacts to avoid significant impacts under CEQA.

4.3.1 Existing Conditions
As discussed in the Project Description (Chapter 3), the Program Planning Area is comprised of 759 parcels, totaling 593 acres within the City of Fullerton, Orange County, California. The Program Planning Area encompasses multiple types of commercial and manufacturing zoning districts. Most of the parcels are currently developed in accordance with their existing zoning.

4.3.1.1 Topography and Groundwater
The Program Planning Area is located on the west side of Chino Hills, approximately 11 miles northeast of the Pacific Ocean at its nearest point. The southern portion of the Program Planning Area, south of E Malvern Avenue and W Chapman Avenue, is relatively flat at an elevation of approximately 100 to 200 feet above mean sea level (amsl), while the northern portion, north of E Malvern Avenue and W Chapman Avenue, is hilly with varyin g elevations up to approximately 400 feet amsl. Based on groundwater monit oring data in the area, shallow groundwater is expected to be present approximately 40 to 70 feet below ground surface, with some variations (SWRCB 2024).

4.3.1.2 Online Regulatory Databases
The State of California provides access to environmental documents through online regulatory databases. The following online regulatory databases were searched by Dudek in January 2024.

Cortese List Sites
Government Code Section 65962.5 requires the California Environmental Protection Agency to compile a list of hazardous waste and substances sites (Cortese List). While the Cortese List is no longer maintained as a single list, the following databases provide information that meet the Cortese List requirements:

List of hazardous waste and substances sites from the Department of Toxic Substances Control (DTSC) EnviroStor database (California Health and Safety Code Sections 25220, 25242, 25356, and 116395) List of leaking underground storage tank (LUST) sites by county and fiscal year from the State Water Resources Control Board GeoTracker database (California Health and Safety Code Section 25295)

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FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-2
List of solid waste disposal sites identified by the State Water Resources Control Board with waste constituents above hazardous waste levels outside the waste management unit (California Water Code Section 13273[e] and 14 CCR 18051)
List of active Cease and Desist Orders and Cleanup and Abatement Orders from the State Water Resources Control Board (California Water Code Sections 13301 and 13304) List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by DTSC
Dudek conducted a search of the above -described databases that provide information on Cortese List sites.

Because hazardous material releases can impact both the release site and nearby sites, the search included the Program Planning Area and sites within 500 feet of the Program Planning Area. Multiple LUST sites and state cleanup sites were identified, which are shown on Figure 4.3-1 and listed in Table 4.3-1.

4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-3
Table 4.3-1. Cortese List Sites
Site Name Address City On/Within 500 feet Database List Status A&M TEXACO SERVICE STATION 235 W. VALENCIA MESA DR. Fullerton On Site GeoTracker - LUST Completed - Case Closed ALL-ROADS MOVING AND STORAGE 1400 E WALNUT AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed ALLERGAN 1410 WALNUT Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed AMC MOTORS 555 EUCLID Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed AMERICAN ELECTRONICS, INC 1600 E VALENCIA DR Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed AMERICAN SAVINGS BANK SER.CTR. 4150 PALM ST Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed ANGELUS PACIFIC 700 WALNUT Fullerton On Site GeoTracker - LUST Completed - Case Closed ARCO #0097 401 N PLACENTIA AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed ARCO #0097 401 N PLACENTIA AVENUE Fullerton On Site GeoTracker - LUST Completed - Case Closed ARCO #1023 1000 W VALENCIA DR Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed ARCO #1579 1124 E CHAPMAN AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed ARCO #1579 1124 E CHAPMAN AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed ARCO #3080 2840 E IMPERIAL HWY Fullerton Within 500 feet GeoTracker - LUST Open - Eligible for Closure ARCO #6226 102 YORBA LINDA Placentia Within 500 feet GeoTracker - LUST Completed - Case Closed ARCO PETROLEUM 0 IMPERIAL & ASSOCIATED Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed BASTANCHURY WATERS 601 VALENCIA Fullerton On Site GeoTracker - LUST Completed - Case Closed BEST GAS 1101 W COMMONWEALTH AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed BRYANT, BILL 2031 W COMMONWEALTH AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed C-THRU INDUSTRIES 130 GILBERT Fullerton On Site GeoTracker - LUST Completed - Case Closed CALIF STATE UNIVERSITY, FULLERTON 800 STATE COLLEGE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed CASTER 1415 W COMMONWEALTH AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed CHEVRON #9-5289 1000 W ORANGETHORPE AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed CHEVRON #9-5833 1151 HARBOR La Habra Within 500 feet GeoTracker - LUST Completed - Case Closed CHEVRON #9-7056 2750 W ORANGETHORPE AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed CHEVRON #9-8976 2961 E YORBA LINDA BLVD Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed CLASSIC MARBLE 371 S RAYMOND AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed COMMONWEALTH CAR WASH 1001 W COMMONWEALTH AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed CONE CHEVROLET 600 COMMONWEALTH Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed CONTINENTAL BAKING CO 525 VALENCIA Fullerton On Site GeoTracker - LUST Completed - Case Closed COVINGTON DEVELOPMENT GROUP 2451 ORANGETHORPE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed D. W. KIMMEL CONSTRUCTION 2601 W ORANGETHORPE AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed DAVE'S ARCO 1490 HARBOR La Habra Within 500 feet GeoTracker - LUST Open - Verification Monitoring DE ANDA PROPERTY 300 W VALENCIA DR Fullerton Within 500 feet GeoTracker - LUST Open - Site Assessment DICKER WARMINGTON PROPERTIES 101 ORANGETHORPE Fullerton On Site GeoTracker - LUST Completed - Case Closed DISCOUNT TIRE 301 W ORANGETHORPE AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed ECONO LUBE N' TUNE 901 W COMMONWEALTH AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed EXXON SERVICE STATION #1488 1730 W ORANGETHORPE AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed EXXON SERVICE STATION #3333 3000 E YORBA LINDA BLVD Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed EXXON SERVICE STATION #3650 901 N PLACENTIA AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed F AND W POOL SUPPLY 1301 E WILSHIRE AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FAST GAS #522 141 E IMPERIAL HWY Fullerton On Site GeoTracker - LUST Completed - Case Closed FAST GAS #929 519 S HARBOR BLVD Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed

4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-4
Table 4.3-1. Cortese List Sites
Site Name Address City On/Within 500 feet Database List Status FMC/EDINGTON FRUIT PACKING HO 332 E COMMONWEALTH AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FORMER FMC LEASE SITE (BNSF) 320 E SANTA FE AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FORMER GAS STATION 1800 W. COMMONWEALTH Fullerton On Site GeoTracker - LUST Completed - Case Closed FORMER MONTGOMERY WARD 1331 HARBOR BOULEVARD, SOUTH Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FORMER TEXACO/BURGER KING 2751 W ORANGETHORPE Fullerton On Site GeoTracker - LUST Open - Site Assessment FULLERTON BASQUE YARD 116 S BASQUE AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FULLERTON CITY HALL 303 W COMMONWEALTH AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FULLERTON COMMUNITY HSP 100 VALLEY VIEW Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FULLERTON FIRE STATION #1 312 E COMMONWEALTH AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FULLERTON GAS 251 ORANGETHORPE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FULLERTON LINCOLN MERCURY 626 S EUCLID ST Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FULLERTON MAINTENANCE YARD 116 S BASQUE AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FULLERTON MANUFACTURING 343 E SANTA FE AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FULLERTON MFG 311 HIGHLAND Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FULLERTON POLICE DEPT 237 COMMONWEALTH Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FULLERTON SCHOOL DISTRICT 1401 VALENCIA Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FULLERTON TOWN CENTER 101 EAST ORANGETHORPE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed FULLERTON, CITY OF 614 S HARBOR BLVD Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed G & M OIL SS #10 944 W ORANGETHORPE AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed GENERAL AVIATION COMPANY 3915 W COMMONWEALTH AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed HANSEL OLDSMOBILE, INC. 1325 W COMMONWEALTH AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed JERRY GOODWIN DODGE 1110 ORANGETHORPE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed KAHN, ROBERT I., DR. 820 W COMMONWEALTH AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed LA MANCHA DEVELOPMENT 1800 W VALENCIA DR Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed M & J EQUIPMENT 450 PLACENTIA Placentia Within 500 feet GeoTracker - LUST Completed - Case Closed M G DISPOSAL 201 BALCOM Fullerton On Site GeoTracker - LUST Completed - Case Closed MARINE PROPERTY 2045 W COMMONWEALTH AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed MCCOY MILLS FORD 700 COMMONWEALTH Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed MOBIL #18-793 2800 E IMPERIAL HWY Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed MOBIL #18-FHE 506 N STATE COLLEGE BLVD Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed MOBIL #18-J9X 8991 ORANGETHORPE Buena Park Within 500 feet GeoTracker - LUST Completed - Case Closed MOBIL #18-JP5 100 N RAYMOND AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed MOBIL #18-JPV 235 W VALENCIA MESA DR Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed MOBIL #18-KGW 3950 N HARBOR BLVD Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed MOBIL OIL 100 RAYMOND Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed MOBIL OIL 1301 HARBOR Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed MS ALICE PITCHER 116 ELM Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed NUTRI FOODS 360 ACACIA Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed ORANGEFAIR MALL 140 ORANGEFAIR Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed PAYAN TRUCKING 2041 W COMMONWEALTH AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed PENNZOIL/QUAKER STATE FACILITY 336 E SANTA FE AVENUE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed PEP BOYS 1530 HARBOR Fullerton On Site GeoTracker - LUST Completed - Case Closed

4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-5
Table 4.3-1. Cortese List Sites
Site Name Address City On/Within 500 feet Database List Status PEP BOYS #42 1530 S HARBOR BLVD Fullerton On Site GeoTracker - LUST Completed - Case Closed RENICK CADILLAC 633 WILLIAMSON Fullerton On Site GeoTracker - LUST Completed - Case Closed RODRIGUEZ SWEEPING SERVICE UST 800 E. WALNUT AVENUE Fullerton On Site GeoTracker - LUST Open - Site Assessment SAM CAL CORP 515 E WALNUT AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed SCIENTIFIC SPRAY FINISHES 315 S RICHMAN AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed SERVICE ROOFING COMPANY 440 E WALNUT AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed SHELL #2340 2340 E CHAPMAN AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed SHELL #1625 1625 S HARBOR BLVD Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed SHELL #2960 2960 E YORBA LINDA BLVD Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed SHELL #351 351 N PLACENTIA AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed SHELL OIL 1001 VALENCIA Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed SHELL OIL 1625 HARBOR Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed SHELL OIL 242 COMMONWEALTH Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed SHELL OIL PRODUCTS US 1800 W. ORANGETHORPE AVE. Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed SHELL OIL STATION #242 242 E. COMMONWEALTH AVE. Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed SHELL STATION 7011 ORANGETHORPE Buena Park Within 500 feet GeoTracker - LUST Completed - Case Closed SPARKLE CAR WASH 1306 S EUCLID ST Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed ST. JUDE MEDICAL CENTER 101 E VALENCIA MESA DR Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed TESORO /TARGET STORE T-293 2978 E YORBA LINDA BLVD Fullerton On Site GeoTracker - LUST Completed - Case Closed TEXACO SERVICE STATION 3370 E YORBA LINDA BLVD Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed TOSCO/76 STATION #4851 1133 E COMMONWEALTH AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed U-HAUL CORPORATION 1565 W COMMONWEALTH AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed U-HAUL FACILITY # 715-84 920 W COMMONWEALTH AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed UNOCAL #3530 4002 N HARBOR BLVD Fullerton On Site GeoTracker - LUST Completed - Case Closed UNOCAL #3670 741-761 W COMMONWEALTH AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed UNOCAL #4308 1001 W ORANGETHORPE AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed UNOCAL #4629 820 CHAPMAN Placentia Within 500 feet GeoTracker - LUST Completed - Case Closed UNOCAL #4851 1133 E COMMONWEALTH AVE Fullerton On Site GeoTracker - LUST Completed - Case Closed UNOCAL #5198 100 W BASTANCHURY RD Fullerton Within 500 feet GeoTracker - LUST Open - Remediation UNOCAL #5548 2701 N BREA BLVD Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed UNOCAL #5722 3001 E YORBA LINDA BLVD Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed UNOCAL/76 SERVICE NO. 4851 1133 E. COMMONWEALTH AVE. Fullerton On Site GeoTracker - LUST Completed - Case Closed VISTA PAINT CORP 1450 HARBOR La Habra Within 500 feet GeoTracker - LUST Completed - Case Closed WINGS EXPRESS 3815 W COMMONWEALTH AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed WORLD CITRUS WEST 130 W SANTA FE AVE Fullerton Within 500 feet GeoTracker - LUST Completed - Case Closed YOSEMITE WATERS 601 W VALENCIA DR Fullerton On Site GeoTracker - LUST Completed - Case Closed AUTONETICS/RAYTHEON 310 EAST WALNUT AVENUE Fullerton Within 500 feet EnviroStor - Cortese Active CBS FENDER 500 SOUTH RAYMOND BLVD. Fullerton Within 500 feet EnviroStor - Cortese Active Chicago Musical Instruments (Former) 350 South Raymond Avenue Fullerton On Site EnviroStor - Cortese Active FULLERTON MANUFACTURING/RAYTHEON 311 SOUTH HIGHLAND AVENUE Fullerton On Site EnviroStor - Cortese Refer: RWQCB Fullerton Union Pacific Park Truslow & Harbor Boulevard Fullerton Within 500 feet EnviroStor - Cortese Certified McColl Sludge Disposal Site (McColl Dump Site) Rosecrans Avenue W Fullerton Greater than 500 feet GeoTracker - Solid Waste Disposal Sites Open - Assessment & Interim Remedial Action

4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-6

INTENTIONALLY LEFT BLANK

4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-7
Non -Cortese List Hazardous Materials Sites
Dudek reviewed other online databases that provide environmental information on release and cleanup cases in the State of California. While these databases are not included in the Cortese List, they may provide additional information regarding potential environmental contamination on parcels within the Program Planning Area . These sites may include military cleanups and voluntary cleanups. Table 4.3-2 provides a summary of the databases searched.

Table 4.3-2. Non-Cortese Online Database Listings
Database Details
Department of Toxic
Substance Control
(DTSC) EnviroStor
https://www.envirostor
.dtsc.ca.gov/
The DTSC’s data management system for tracking cleanup, permitting, enforcement, and investigation efforts at hazardous waste facilities and sites with known contamination or sites where there may be reasons for further investigation.

State Water Resources
Control Board (SWRCB)
GeoTracker
http://geotracker.water
boards.ca.gov/
The SWRCB’s data management system for sites that impact, or have the potential to impact, water quality in California, with emphasis on groundwater. GeoTracker contains records for sites that require cleanup, various unregulated projects, and permitted facilities. Sites include leaking underground storage tanks (LUSTs), Department of Defense, Cleanup Program, Irrigated Lands, Oil and Gas Production, Permitted underground storage tanks (USTs), and Land Disposal Sites.

California
Environmental
Protection Agency
(CalEPA)
https://siteportal.calep
a.ca.gov/nsite/
The CalEPA Regulated Site Portal is a website that combines data about environmentally regulated sites and facilities in California into a single, searchable database and interactive map. Data sources include California Environmental Reporting System (CERS), EnviroStor, GeoTracker, California Integrated Water Quality System (CIWQS), and Toxics Release Inventory (TRI).

CalRecycle Solid Waste
Information System
(SWIS)
https://www2.calrecycl
e.ca.gov/SolidWaste/Si
te/Search
The SWIS database contains information on solid waste facilities, operations, and disposal sites throughout the State of California. Solid waste activities found in this database include landfills, transfer stations, composting sites, in-vessel digestion sites, engineered municipal solid waste conversion facilities, transformation facilities, and closed disposal sites.

Multiple non-Cortese hazardous material release and handling sites were identified on parcels selected as part of the Program Planning Area. These sites are shown on Figure 4.3-2 through 4.3-3 and are detailed in Tables 4.3-3 through 4.3-4 and summarized below.
▪ Hazardous material handling or release sites documented on the Water Board and DTSC databases are shown on Figure 4.3-2 and listed in Table 4.3-2. These sites include hazardous material releases, such as voluntary cleanup sites, evaluations completed by DTSC, or hazardous material storage in registered underground storage tanks (USTs). Voluntary cleanups are sites that have completed or are undergo ing hazardous material cleanup through a voluntary program with oversight from the environmental regulatory agency. Evaluations are sites with suspected, but unconfirmed, contamination that need or have undergone limited evaluation. UST sites are those with USTs registered with the local Water Board; these listings are not indicative of a release, but hazardous mat erials are stored at the site. Because releases can impact both the release site and nearby sites, Figure 4.3-2 and Table 4.3-3 include sites on and within 500 feet of the Program Planning Area.

4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-8
▪ Hazardous material handling and permitted sites documented on the CalEPA Regulated Site Portal are shown on Figure 4.3 -3 and listed in Table 4.3 -4. These sites have permitted and documented handling, disposal, and/or emissions of hazardous materials/wastes, and those activities are regulated by state and/or local rules and regulations. These sites do not have documented or suspected unpermitted releases of hazardous materials to the environment, and as such only those located on parcels within the Program Planning Area are shown. Types of facilities include sites with chemical storage (greater than reportable quantities stored on site), hazardous waste generators, sites with aboveground petroleum storage, sites with USTs, industrial stormwater discharges, and air emissions, or a combination thereof.

4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-9
Table 4.3-3. Non-Cortese List Sites
Site Name Address City On/Within 500 feet Database List Status ALLERGAN 1410 E WALNUT AVE FULLERTON On GeoTracker Voluntary Cleanup Program
Completed - Case Closed
AMERICAN ELECTRONICS INC 1600 E VALENCIA DR FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
APEX MACHINE PRODUCTS 629 W VALENCIA DR FULLERTON On GeoTracker Voluntary Cleanup Program
Completed - Case Closed
BRIGHT ARMOR PLATING SHOP 2466 E FENDER AVE FULLERTON On GeoTracker Voluntary Cleanup Program
Completed - Case Closed
C & H CLEANERS 2231 N HARBOR BLVD FULLERTON On GeoTracker Voluntary Cleanup Program
Completed - Case Closed
CHICAGO MUSICAL INSTRUMENTS, FORMER 350 SOUTH RAYMOND FULLERTON On GeoTracker Voluntary Cleanup Program
Open - Remediation
CHINET CO. (FORMER KEYES FIBRE) 2300 RAYMER AVENUE FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Open - Remediation
CITRUS PARK 626-700 S EUCLID ST FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
CONTINENTAL 1 HR CLEANERS 1428 S HARBOR BLVD FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
CROSSROADS CLEANERS 3314 E YORBA LINDA BLVD FULLERTON On GeoTracker Voluntary Cleanup Program
Completed - Case Closed
CROWN CLEANERS 1956 NORTH PLACENTIA FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program

OPEN - ASSESSMENT & INTERIM REMEDIAL ACTION
DRY CLEAN EXPRESS 322 N EUCLID ST FULLERTON On GeoTracker Voluntary Cleanup Program
Completed - Case Closed
E D O CORP 300 S STATE COLLEGE BLVD FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
FORMER COX IRON WORKS SITE 241 W SANTA FE AVE FULLERTON On GeoTracker Voluntary Cleanup Program
Completed - Case Closed
FULLERTON CITY HALL 303 W COMMONWEALTH AVE FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
FULLERTON DODGE 1110 W ORANGETHORPE AVE FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
FULLERTON UNIVERSITY SHOPPING CENTER 2940/2948 YORBA LINDA BLVD FULLERTON On GeoTracker Voluntary Cleanup Program
Completed - Case Closed
FULLERTON UNIVERSITY SHOPPING CENTER 2940-2948 YORBA LINDA FULLERTON On GeoTracker Voluntary Cleanup Program
Completed - Case Closed
GOODWIN HONDA 736 W COMMONWEALTH AVE FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
GRACE MINISTRIES INTERNATIONAL 1645 W VALENCIA DR FULLERTON On GeoTracker Voluntary Cleanup Program
Completed - Case Closed
GULTON INDUSTRIES (PROUT PROPE 2414 E FENDER AVE FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
GULTON INDUSTRIES FACILITY 2424 EAST FENDER AVENUE FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
J & H DEBURRING INC 307 N EUCLID ST ANAHEIM Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed

4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-10
Table 4.3-3. Non-Cortese List Sites
Site Name Address City On/Within 500 feet Database List Status J M PETERS CO FULLERTON SITE 0 NE ST COLLEGE / BASTANCHURY FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
KAYNAR MFG DIVISION 800 S STATE COLLEGE BLVD FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
MAGNOLIA SQUARE 8925 ORANGETHORPE AVE BUENA PARK Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
MCCOLL DUMP SITE N/A ROSECRANS AVENUE W FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Open - Assessment & Interim Remedial Action
MDC CENTER 601 S PLACENTIA AVE FULLERTON On GeoTracker Voluntary Cleanup Program
Completed - Case Closed
MDC CENTER PARCEL 2 675 S PLACENTIA AVE FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
ONE DAY PAINT & BODY 205 N EUCLID ST ANAHEIM On GeoTracker Voluntary Cleanup Program
Completed - Case Closed

ORANGE COUNTY NORTH BASIN - AEROJET

GENERAL (FORMER) GROUNDWATER
601 SOUTH PLACENTIA AVENUE FULLERTON On GeoTracker Voluntary Cleanup Program
Open - Assessment & Interim Remedial Action

ORANGE COUNTY NORTH BASIN - AMERICAN

ELECTRONICS
1600 EAST VALENCIA AVENUE FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Open - Site Assessment

ORANGE COUNTY NORTH BASIN - FULLERTON

CROSSINGS DEVELOPMENT
603-613 & 633-663 SOUTH PLACENTIA
AVENUE
FULLERTON On GeoTracker Voluntary
Cleanup Program
Completed - Case Closed - Land Use Restrictions

ORANGE COUNTY NORTH BASIN - FULLERTON

MANUFACTURING COMPANY
311 SOUTH HIGHLAND AVE FULLERTON On GeoTracker Voluntary Cleanup Program
Open - Site Assessment

ORANGE COUNTY NORTH BASIN - HOWMET
GLOBAL FASTENING SYSTEMS INC. (FORMERLY

ARCONIC, ALCOA, AND FAIRCHILD)
800 SOUTH STATE COLLEGE BOULEVARD FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Open - Remediation
PENNZOIL/QUAKER STATE FACILITY 336 E SANTA FE AVENUE FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Open - Site Assessment
RODRIGUEZ SWEEPING SERVICE 800 E. WALNUT AVENUE FULLERTON On GeoTracker Voluntary Cleanup Program
Open - Site Assessment
SUNKIST CLEANERS 1667 W ORANGETHORPE AVE FULLERTON On GeoTracker Voluntary Cleanup Program
Completed - Case Closed
SUNNY HILL DRY CLEANERS 1915 SUNNY CREST DRIVE FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
SUNNY HILLS DRAPERY CLEANERS 1915 SUNNY CREST DR FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
TEXACO HAULDE FEE 0 NW ST COLLEGE / BASTANCHURY FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
THRIFTY CLEAN 2230 W ORANGETHORPE AVE FULLERTON On GeoTracker Voluntary Cleanup Program
Completed - Case Closed
UNION OIL - STEARN REALTY LEASE BASTANCURY AND BREA FULLERTON On GeoTracker Voluntary Cleanup Program
Completed - Case Closed
UNIVERSITY HOUSE FULLERTON 555 N COMMONWEALTH AVE FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
UNKNOWN 360 S ACACIA AVE FULLERTON On GeoTracker Voluntary Cleanup Program
Completed - Case Closed

4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-11
Table 4.3-3. Non-Cortese List Sites
Site Name Address City On/Within 500 feet Database List Status VALUE CLEANERS 127 E YORBA LINDA BLVD PLACENTIA Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
WEBER AIRCRAFT FACILITY, FORMER 1300 EAST VALENCIA DRIVE FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
WESTERN INDUSTRIAL INVESTORS 300 N GILBERT ST FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
WEYERHAESER COMPANY 1300 EAST VALENCIA AVENUE FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
WEYERHAUSER PROPERTY 1300 E VALENCIA DR FULLERTON Within 500 feet GeoTracker Voluntary Cleanup Program
Completed - Case Closed
7-ELEVEN INC #33257 1000 W. ORANGETHORPE AVE FULLERTON On GeoTracker - Permitted UST
Permitted UST
7-ELEVEN INC. #43159 1800 W ORANGETHORPE AVE FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
ARCO #6226 102 E YORBA LINDA BLVD PLACENTIA Within 500 feet GeoTracker - Permitted UST
Permitted UST
AT&T CALIFORNIA - CB622 8925 ORANGETHORPE AVE BUENA PARK Within 500 feet GeoTracker - Permitted UST
Permitted UST
BEST 4 LESS- PLACENTIA 2 480 S PLACENTIA AVE PLACENTIA Within 500 feet GeoTracker - Permitted UST
Permitted UST
CHAPMAN AVE SHELL 1124 E CHAPMAN AVE FULLERTON On GeoTracker - Permitted UST
Permitted UST
CHAPMAN AVE SHELL 1124 E CHAPMAN AVE STE A FULLERTON On GeoTracker - Permitted UST
Permitted UST
CHAPMAN MARKET. 506 N STATE COLLEGE BLVD FULLERTON On GeoTracker - Permitted UST
Permitted UST
CHEVRON STATION #98976/1474 2961 YORBA LINDA BLVD FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
CITY OF FULLERTON - CITY HALL 303 W COMMONWEALTH AVE FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
CITY OF FULLERTON MAINT SVC DEPT 1580 W COMMONWEALTH AVE FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
COMMONWEALTH FUEL, INC 2043 W COMMONWEALTH AVE FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
COSTCO WHOLESALE #418 (GAS STATION) 910 S HARBOR BLVD FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
FULLERTON 76 351 N PLACENTIA AVE FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
FULLERTON GAS, LLC 3950 N HARBOR BLVD FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
FULLERTON MFG. CO., INC. 336 EAST SANTA FE AVE. FULLERTON Within 500 feet GeoTracker - Permitted UST
Closed
FULLERTON POLICE STATION 237 W COMMONWEALTH AVE FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
FULLERTON SCHOOL DISTRICT 1401 W VALENCIA DR FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST

4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-12
Table 4.3-3. Non-Cortese List Sites
Site Name Address City On/Within 500 feet Database List Status FULLERTON SERVICE STATION 1000 N HARBOR BLVD FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
G&M OIL CO.#10 944 W ORANGETHORPE AVE FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
GENERAL AVIATION COMPANY INC. 3915 W COMMONWEALTH AVE FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
H & M, INC. 519 S HARBOR BLVD FULLERTON On GeoTracker - Permitted UST
Permitted UST
H&S ENERGY PRODUCTS, LLC #2026 2950 NUTWOOD AVE FULLERTON On GeoTracker - Permitted UST
Permitted UST
H&S ENERGY PRODUCTS, LLC #2039 1730 W ORANGETHORPE AVE FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
INDEPENDENT TRADING COMPANY 4150 N PALM ST FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
MBA7 LLC - ARCO FULLERTON 401 N PLACENTIA AVE FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
MIKE'S ENTERPRISES INC. 8991 ORANGETHORPE AVE BUENA PARK Within 500 feet GeoTracker - Permitted UST
Permitted UST
NIMEH, INC. 2840 IMPERIAL HWY FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
PLACENTIA 120 LLC 120 S PLACENTIA AVE PLACENTIA Within 500 feet GeoTracker - Permitted UST
Permitted UST
PROPEL FUELS, INC. (208026) 1124 E CHAPMAN AVE STE B FULLERTON On GeoTracker - Permitted UST
Permitted UST
SAM'S CLUB #6616 - CLUB ONLY 603 S PLACENTIA AVE FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
SAM'S CLUB #6616 - FUELING STATION ONLY 637 S PLACENTIA AVE FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
SHORE DZ INC-ARCO 1000 W VALENCIA DR FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
ST MICHAEL PETROLEUM INC. 1133 E COMMONWEALTH AVE FULLERTON On GeoTracker - Permitted UST
Permitted UST
STRONGARM ENVIRONMENTAL 740 WILLIAMSON AVE FULLERTON CA FULLERTON On GeoTracker - Permitted UST
Permitted UST
SUNNY HILLS CARWASH 100 W BASTANCHURY RD FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
SUNNY SIDE CAR CARE CENTER 2701 N BREA BLVD FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
SUPER 8 GAS CORP 1101 W COMMONWEALTH AVE FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
TESORO (SHELL) 68812 1625 S HARBOR BLVD FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
UNION SERVICE CENTER 3001 YORBA LINDA BLVD FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
UNIVERSITY SHELL 2960 YORBA LINDA BLVD FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST

4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-13
Table 4.3-3. Non-Cortese List Sites
Site Name Address City On/Within 500 feet Database List Status WALPORT ENTERPRISES, INC., DBA ED'S MOBIL 2800 IMPERIAL HWY FULLERTON Within 500 feet GeoTracker - Permitted UST
Permitted UST
WORLD OIL MARKETING COMPANY #107 901 N PLACENTIA AVE FULLERTON On GeoTracker - Permitted UST
Permitted UST
BRIGHT ARMOR PLATING SHOP (FORMER) 2466-B EAST FENDER AVENUE FULLERTON On EnviroStor Non-Cortese Refer: 1248 Local Agency

FORMER AMERICAN ELECTRONICS FACILITY
(AKA GRAPHICS TECH)
1600 E. Valencia Dr. FULLERTON On EnviroStor Non-Cortese Active Fullerton PAH Background Study 303 W. Commonwealth FULLERTON Within 500 feet EnviroStor Non-Cortese No Action Required FULLERTON UNIVERSITY SHOPPING CENTER 2940/2948 YORBA LINDA BLVD. FULLERTON On EnviroStor Non-Cortese Refer: 1248 Local Agency Inland Products, Inc. 1410 E. Walnut Avenue FULLERTON On EnviroStor Non-Cortese No Action Required KAIRAK AKA DON GREEN'S SALES INC 500 S. STATE COLLEGE BLVD FULLERTON Within 500 feet EnviroStor Non-Cortese Refer: RWQCB KRAFT FOODS 1500 E. WALNUT AVE FULLERTON On EnviroStor Non-Cortese No Further Action KRYLER CORP 1217 E. ASH AVE FULLERTON Within 500 feet EnviroStor Non-Cortese Refer: Local Agency MDC CENTER(FORMER) 601-629 S. PLACENTIA AVENUE FULLERTON On EnviroStor Non-Cortese Refer: 1248 Local Agency Monogram Systems, Fullerton 1300 E. Valencia Drive FULLERTON Within 500 feet EnviroStor Non-Cortese Inactive - Needs Evaluation OMNI OPTICAL 360 S. ACACIA AVE FULLERTON On EnviroStor Non-Cortese No Further Action Plaza Cars 811 West Commonwealth Avenue FULLERTON On EnviroStor Non-Cortese Refer: EPA SO CAL GAS/FULLERTON MGP 144 W. WALNUT AVENUE FULLERTON On EnviroStor Non-Cortese Certified YRC ENTERPRISE SERVICES 300 S. STATE COLLEGE BLVD FULLERTON Within 500 feet EnviroStor Non-Cortese Refer: RWQCB

Table 4.3-4. Hazardous Material Handling Sites
Site Name Address City On/Adjoining Hazardous Type
7-Eleven 39462 1301 E CHAPMAN AVE FULLERTON On Site Chemical Storage Facilities 7-Eleven Inc #33257 1000 W. ORANGETHORPE AVE FULLERTON On Site Chemical Storage Facilities, Underground Storage Tank, Hazardous Waste Generator 7-ELEVEN #13999 2850 BREA BLVD FULLERTON On Site Chemical Storage Facilities Chapman Ave Shell 1124 E CHAPMAN AVE FULLERTON On Site Chemical Storage Facilities, Underground Storage Tank, Hazardous Waste Generator Chipotle Mexican Grill #684 501 N STATE COLLEGE BLVD STE A FULLERTON On Site Chemical Storage Facilities CVS Pharmacy #9598 455 N STATE COLLEGE BOULEY FULLERTON On Site RCRA LQ HW Generator, Hazardous Waste Generator Discount Tire Centers # 042 301 W ORANGETHORPE AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator Food 4 Less #508 914 W ORANGETHORPE AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator CHAPMAN MARKET. 506 N STATE COLLEGE BLVD FULLERTON On Site Chemical Storage Facilities, Underground Storage Tank, Hazardous Waste Generator HERB'S VOLVO & MERCEDES 810 W COMMONWEALTH AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator Pep Boys #0642 1530 S HARBOR BLVD FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator Propel Fuels, Inc. (208026) 1124 E CHAPMAN AVE STE B FULLERTON On Site Chemical Storage Facilities, Underground Storage Tank, Hazardous Waste Generator TACO BELL STORE 9489 3000 YORBA LINDA BLVD FULLERTON On Site Chemical Storage Facilities Valvoline Instant Oil Change GN0017 4002 N. HARBOR BLVD FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator, Aboveground Petroleum Storage Verizon Wireless: Bastanchury 1000 EAST BASTANCHURY ROAD FULLERTON On Site Chemical Storage Facilities Verizon Wireless: Malvern 167 SOUTH BROOKHURST FULLERTON On Site Chemical Storage Facilities Verizon Wireless: Yorba Kramer 2920 YORBA LINDA BOULEVARD FULLERTON On Site Chemical Storage Facilities World Oil Marketing Company #107 901 N PLACENTIA AVE FULLERTON On Site Chemical Storage Facilities, Underground Storage Tank, Hazardous Waste Generator 7-ELEVEN #15194 3259 ASSOCIATED RD FULLERTON On Site Chemical Storage Facilities

4.3 – HAZARDS AND HAZARDOUS MATERIALS
FULLERTON HOUSING INCENTIVE OVERLAY ZONE DRAFT EIR 12885 MAY 2024 4.3-14
Table 4.3-4. Hazardous Material Handling Sites
Site Name Address City On/Adjoining Hazardous Type
7-ELEVEN #19988 1621 N PLACENTIA AVE FULLERTON On Site Chemical Storage Facilities 99 Cents Only Stores #187 2450 E CHAPMAN AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator AT&T Mobility - EUCLID/CMNWEALTH (USID12141) 812 WILLIAMSON AVE UNIT A FULLERTON On Site Chemical Storage Facilities Bill's Body Works Inc. 320 S HIGHLAND AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator Fisk Automotive 820 W COMMONWEALTH AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator H&S Energy Products, LLC #2026 2950 NUTWOOD AVE FULLERTON On Site Chemical Storage Facilities, Underground Storage Tank, Hazardous Waste Generator MARTEC MACHINING AND GRINDING INC. 2488 FENDER AVE STE E FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator Stater Bros. Markets 129 1040 E BASTANCHURY RD FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator EXPRESS AUTO REPAIR MOTOR SPORT 537 W VALENCIA AVE STE B FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator Fullerton Ford 820 WILLIAMSON AVE FULLERTON On Site Chemical Storage Facilities Kaizen Collision Center - Fullerton 700 WILLIAMSON AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator McDonald's of Imperial #35068 205 IMPERIAL HWY FULLERTON On Site Chemical Storage Facilities Carl's Jr. #344 222 N EUCLID ST FULLERTON On Site Chemical Storage Facilities Affordable Overnight & Same Day 920 E WALNUT AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator ROBS TRUCK & AUTO 900 E WALNUT AVE STE M FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator GARYS RADIATOR 225 W TRUSLOW AVE STE B FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator American Tire Depot #128 1123 W COMMONWEALTH AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator Mr BBQ 305 N STATE COLLEGE BLVD FULLERTON On Site Chemical Storage Facilities POLLYS PIES 136 N RAYMOND AVE FULLERTON On Site Chemical Storage Facilities ConcreteAccessories.com 130 N GILBERT ST FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator AMF CARTER LANES 1501 S LEMON AVE FULLERTON On Site Chemical Storage Facilities Firestone Complete Auto Care #650196 1933 NORTH PLACENTIA AVENUE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator Panda Express #2678 501 N STATE COLLEGE BLVD, SUITE B FULLERTON On Site Chemical Storage Facilities Ronin BMW Mini 617 W VALENCIA DR FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator U-HAUL MOVING & STORAGE OF FULLERTON 920 W COMMONWEALTH AVE FULLERTON On Site Chemical Storage Facilities H & M, Inc. 519 S HARBOR BLVD FULLERTON On Site Chemical Storage Facilities, Underground Storage Tank, Hazardous Waste Generator St Michael Petroleum Inc. 1133 E COMMONWEALTH AVE FULLERTON On Site Chemical Storage Facilities, Underground Storage Tank, Hazardous Waste Generator TARGET T0293 2920 YORBA LINDA BLVD FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator Walgreens #1750 1250 E CHAPMAN AVE FULLERTON On Site Hazardous Waste Generator ADAMS RITE AEROSPACE 4141 N PALM ST FULLERTON On Site US EPA Air Emission Inventory System (EIS), Chemical Storage Facilities, Hazardous Waste Generator ASE AUTO REPAIR 2501 W ORANGETHORPE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator BONAS AUTO REPAIR 2507 W ORANGETHORPE AVE STE 109 FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator CIRCLE K 911 N PLACENTIA AVE FULLERTON On Site Chemical Storage Facilities COMMUNITY AUTO REPAIR SERVICE 901 W COMMONWEALTH AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator DEALERS TIRE & WHEEL 1001 S HARBOR FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator FOX SERVICE CENTER 1018 W ORANGETHORPE AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator G & L MUSICAL INSTRUMENTS 2548 FENDER AVE STE C FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator AAMCO 133 S EUCLID ST FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator GARLANDS PRECISION INC 144 W WALNUT UNIT C FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator GOLDENWEST TIRE CENTER 1400 S EUCLID ST FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator HAWAIIAN AIR CORP 600 E WALNUT AVE FULLERTON On Site Chemical Storage Facilities HK AUTO MASTER 623 W COMMONWEALTH AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator

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Table 4.3-4. Hazardous Material Handling Sites
Site Name Address City On/Adjoining Hazardous Type
J & J AUTO SERVICE 300 S MAGNOLIA AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator LEEPER MFG 2560 E FENDER AVE STE C FULLERTON On Site Chemical Storage Facilities LOS ANGELES HARLEY DAVIDSON OF ANAHEIM 2635 W ORANGETHORPE AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator NICKS SUPER BURGERS 1117 E COMMONWEALTH AVE FULLERTON On Site Chemical Storage Facilities POPS & SONS AUTO LLC 629 W VALENCIA DR FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator PURE EFFECT INC 601 W VALENCIA DR FULLERTON On Site Chemical Storage Facilities RELIABLE SHEET METAL 524 E WALNUT AVE FULLERTON On Site Chemical Storage Facilities RICHARDS AUTO REPAIR 2507 W ORANGETHORPE AVE STE 112 FULLERTON On Site Hazardous Waste Generator SONIC DRIVE IN 441 N PLACENTIA AVE FULLERTON On Site Chemical Storage Facilities ALL AUTO REPAIR CORP 812 WILLIAMSON AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator XPRESS AUTO SERVICE 2507 W ORANGETHORPE AVE STE 105 FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator Wine Country Gift Baskets 4201 N. BONITA PLACE FULLERTON On Site Chemical Storage Facilities HOUDINI INC 4101 BONITA PL FULLERTON On Site Chemical Storage Facilities Jack in the Box 262 2315 W ORANGETHORPE AVE FULLERTON On Site Chemical Storage Facilities SCIENTIFIC SPRAY FINISHES INC 315 S RICHMAN AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator OILYS AUTOMOTIVE INC. 2507 W ORANGETHORPE AVE STE 101 FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator Robbins Brothers Fullerton 255 W ORANGETHORPE AVE FULLERTON On Site Hazardous Waste Generator ALEC LAP NHAN 144 W WALNUT AVE FULLERTON On Site Chemical Storage Facilities Crash Champions - Fullerton West 555 S EUCLID ST FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator AT&T Mobility - RAYMOND/CHAPMAN (USID11715) 104 1/2 N RAYMOND AVE FULLERTON On Site Chemical Storage Facilities United Duralume Products, Inc. 350 S RAYMOND AVE FULLERTON On Site Chemical Storage Facilities FZ Garage / Mobile Mechanic Workshop 321 S HIGHLAND AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator California Brothers Smog and Repair LLC 539 W VALENCIA DR UNIT B1 FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator C&L Refrigeration 4111 N PALM ST FULLERTON On Site Hazardous Waste Generator Ensenada's Surf N Turf Grill 2931 NUTWOOD AVE FULLERTON On Site Chemical Storage Facilities Casa Fresh Mexican Grill 177 N RAYMOND AVE FULLERTON On Site Chemical Storage Facilities jimenez iron forge inc 2478 FENDER AVE STE D FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator IHOP #908 151 W ORANGETHORPE AVE FULLERTON On Site Chemical Storage Facilities CUSTOM RIDE AUTOMOTIVE REPAIR 537 W VALENCIA DR STE A FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator The Swig Bar 2466 FENDER AVE STE A FULLERTON On Site Chemical Storage Facilities ESOTERIC WOODCRAFT 2524 E FENDER AVE J FULLERTON On Site US EPA Air Emission Inventory System (EIS) El Pollo Loco #3453-Fullerton - Euclid 120 N EUCLID ST FULLERTON On Site Chemical Storage Facilities AT&T Mobility - (USID119834) 801 E CHAPMAN AVE FULLERTON On Site Chemical Storage Facilities The Blue Door Bar 1310 S EUCLID ST FULLERTON On Site Chemical Storage Facilities Bootlegger's Brewery Tasting Room 130 S HIGHLAND AVE FULLERTON On Site Chemical Storage Facilities Burgers #3, Inc. Dba Charlies Best 506 S EUCLID ST FULLERTON On Site Chemical Storage Facilities Bigs Fullerton Inc 323 N STATE COLLEGE BLVD FULLERTON On Site Chemical Storage Facilities Sherwin-Williams #727637 1107 S HARBOR BLVD FULLERTON On Site Hazardous Waste Generator Wendy's 106 2810 IMPERIAL HWY FULLERTON On Site Chemical Storage Facilities Turn Marketing 2350 ARTESIA AVE STE A FULLERTON On Site Chemical Storage Facilities Miracle Center 1701 W VALENCIA DR FULLERTON On Site Chemical Storage Facilities Good Earth Recycling Center 2041 W COMMONWEALTH AVE FULLERTON On Site Industrial Facility Storm Water

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Table 4.3-4. Hazardous Material Handling Sites
Site Name Address City On/Adjoining Hazardous Type
SureBuilt Concrete Accessories 130 NORTH GILBERT STREET FULLERTON On Site Industrial Facility Storm Water GB OIL WHOLESALE CORP 515 W VALENCIA DR STE E FULLERTON On Site Chemical Storage Facilities American Tower - Site #301083 - Yorba Kramer 2920 YORBA LINDA BLVD. FULLERTON On Site Chemical Storage Facilities Chapman Coast Roof Co., Inc. 2030 E WALNUT AVE FULLERTON On Site Chemical Storage Facilities SPD MANUFACTURING INC 1101 E TRUSLOW AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator 4703 - Quick Quack Car Wash 520 S EUCLID ST FULLERTON On Site Chemical Storage Facilities Raising cane's Restaurant #690 201 W ORANGETHORPE AVE FULLERTON On Site Chemical Storage Facilities Advance Auto Parts #8596 1530 S HARBOR BLVD FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator J&J Cruz Auto Repair Inc. 2507 W ORANGETHORPE AVE STE 113 FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator Jmj marble and granite 800 E WALNUT AVE FULLERTON On Site Chemical Storage Facilities C & H CLEANERS 2231 N HARBOR BLVD FULLERTON On Site Chemical Storage Facilities, Cleanup Program Site, Hazardous Waste Generator CR STEEL FABRICATORS & ERECTORS CO 1000 E WALNUT AVE FULLERTON On Site Chemical Storage Facilities Crossroads Dialysis 3214 YORBA LINDA BLVD FULLERTON On Site Chemical Storage Facilities Kohl's, Inc. - Store #1362 3204 YORBA LINDA BLVD FULLERTON On Site Hazardous Waste Generator Orange County Land Management Service 210 W WALNUT AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator Fullerton Auto Repair 1800 W COMMONWEALTH AVE FULLERTON On Site Chemical Storage Facilities RCS Acquisition, Inc. 800 E WALNUT AVE FULLERTON On Site Chemical Storage Facilities, Hazardous Waste Generator

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4.3.1.3 Oil, Gas, and Methane
Dudek conducted a search for oil, gas, and geothermal wells on the California Geologic Energy Management Division’s (CalGEM’s) Well Finder database (CalGEM 202 4). As shown on Figure 4.3-4, four oil fields are located within the boundaries of the City of Fullerton, Coyote West , Coyote East, Buena Park East, and Richfield. These fields include hundreds of oil and gas wells. The majority of the wells are plugged, but there are active and idle wells located within the City of Fullerton, the majority of which are located in the northeastern portion of the City.

National Pipeline Mapping System
Dudek searched the National Pipeline Mapping System (NPMS), which is a web -based mapping application that provides information on gas and hazardous liquid transmission pipelines , liquefied natural gas plants, breakout tanks, and accidents and incidents as they’re reported under US Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) jurisdiction (USDOT 202 4). Two pipelines were identified within the City of Fullerton, as shown on Figure 4.3 -4. Both of these pipel ines adjoin parcels selected a s part of the Program Planning Area. No accidents or incidents were identified on or adjoining any Program Planning Area parcels.

Methane Areas
As further discussed in Section 4.3.2, the Orange County Fire Authority (OCFA) Combustible Soil Gas Hazard Mitigation Guideline C-03 (OCFA 2017) applies for construction on any property:
▪ within 100 feet of the administrative boundary of an oil/gas field, ▪ within 100 feet of an active or abandoned oil/gas well not located within an administrative boundary, ▪ within 300 feet of any gas seepage zone,
▪ within 1,000 feet of the refuse footprint of any landfill, or ▪ as determined by OCFA to be subject to gas migration from a potential source of combustible gas.

Based on these criteria, methane mitigation zones are shown on Figure 4.3-5. Multiple parcels within the Program Planning Area overlap these methane mitigation zones.

4.3.1.4 Schools
Dudek consulted the California School Campus Database (GreenInfo Network 2021) to determine if there are any schools within 0.25 miles of the project site. Schools identified within 0.25 miles of the Program Planning Area parcels are shown on Figure 4.3-6.

4.3.1.5 Airports
The Fullerton Municipal Airport (airport), 4011 W Commonwealth Ave, is located within the southwestern corner of the City of Fullerton incorporation boundary. As further discussed in Section 4.3.2, the Orange County Airport Land Use Commission (ALUC) has developed the Airport Environs Land Use Plan (AELUP) for the airport (OC ALUC 2019), the purpose of which 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. As shown

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on Figure 4.3-7, portions of the Program Planning Area overlap the 60 CNEL1 noise contour. Table 1 of the AELUP illustrates all land use categories (residential, community facilities, commercial, and industrial) may be constructed within the 60 CNEL with no special noise reduction requirements.

The Federal Aviation Administration has filing requirements for proposed structures that vary based on factors such as height, location, and proximity to an airport, as defined by Title 14 of the Code of Federal Regulations, Part 77.9.

As shown on Figure 4.3-7, portions of the Program Planning Area are within the Part 77 notification zone, indicating projects in this area may be required to file a notice of construction under 14 CFR Part 77.9.

4.3.1.6 Fire Hazards and Emergency Response
The Program Planning Area is located within an area mapped as Local Responsibility Area (LRA) by CAL FIRE (CAL FIRE 2007). The LRA designation means that fire response services for the Program Planning Area are within the responsibility of a local, rather than state , agency. In this case the Fullerton Fire Department . CAL FIRE has determined fire hazard severity zones for the entire state of California, which are designated (moderate, high, very high) based on factors that influence fire likelihood and fire behavior. For the purposes of this EIR, fire hazard severity zones published in the 2020 City of Fullerton Local Hazard Mitigation Plan (LHMP) were used (City of Fullerton 2020). These fire hazard severity zones match those published by CAL FIRE in 2007 (CAL FIRE 2007).

Portions of the Proposed Planning Area adjoin a Very High Fire Hazard Severity Zone (VHFHSZ), specifically at the southeast corner of Rosecrans Avenue and N Gilbert Street. Fire severity zones are shown on Exhibit 5.9 -1 of the 2012 General Plan EIR (City of Fullerton 2012).

4.3.1.7 Highway Hazards
As discussed in the 2012 General Plan EIR (City of Fullerton 2012), highways transecting the City of Fullerton present the potential exposure to hazardous materials and petroleum products. Not only do trucks transport hazardous materials along highway routes, but aerially deposited lead (ADL) could be present along highway rights- of-way. The historical use of leaded gasoline has caused ADL to be distributed along older roadways, resulting in elevated lead concentrations in soils (Caltrans 2024). Some of these lead concentrations have been found to exceed hazardous waste levels, especially on roads that have had high vehicle emissions from large traffic volumes or congestion, generally prior to 1986 when leaded gasolines were used (DTSC 2016). Caltrans and DTSC have an agreement in place to manage ADLs within the public rights-of-way (DTSC 2016).

As to transportation of hazardous materials, transportation-related incidents could result in the release of hazardous materials due to releases either from the vehicle itself (fuel tanks and automotive fluids) or from hazardous cargo. Main routes of transportation in the City are highways 39, 57, 90, and 91. Some parcels included in the Project Planning Area adjoin these roadways.

1 CNEL (Community Noise Equivalent Level) is the average noise level measured for a 24-hour period with different weighting factors for the hourly noise levels occurring in daytime, evening, and nighttime periods (OC ALUC 2019).

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4.3.2 Relevant Plans, Policies, and Ordinances
Federal
U.S. Environmental Protection Agency
Title 40 U .S. Code of Federal Regulations, Chapter 1, Subchapter I, Parts 260 –265 – Solid Waste Disposal Act/Federal Resource Conservation and Recovery Act of 1976 The Solid Waste Disposal Act, as amended and revised by the Resource Conservation and Recovery Act, establishes requirements for the management of solid wastes (including hazardous wastes), landfills, USTs, and certain medical wastes. The statute also addresses program administration; implementation and delegation to the states; enforcement provisions and responsibilities; and research, training, and grant funding. Provisions are established for the generation, storage, treatment, and disposal of hazardous waste, including requirements addressing generator record keeping, labeling, shipping paper management, placarding, emergency response information, training, and security plans.

Title 40 U .S. Code of Federal Regulations, Chapter 1, Subchapter I, Part 273 – Universal Waste This regulation governs the collection and management of widely generated waste, including batteries, pesticides, mercury-containing equipment, and bulbs. This regulation streamlines the hazardous waste management standards and ensures that such waste is diverted to the appropriate treatment or recycling facility.

Title 40 U.S. Code of Federal Regulations , Chapter 1, Subchapter D, Part 112 – Oil Pollution Prevention
Oil Pollution Prevention regulations require the preparation of a spill prevention, control, and countermeasure plan if oil is stored in excess of 1,320 gallons in aboveground storage (or if there is a buried capacity of 42,000 gallons).

Spill preventi on, control, and countermeasure regulations place restrictions on the management of petroleum materials and, therefore, have some bearing on hazardous materials management.

Title 40 U .S. Code of Federal Regulations, Chapter 1, Subchapter C, Part 61 – National Emission Standards for Hazardous Air Pollutants, Subpart M – National Emission Standard for Asbestos This regulation established National Emission Standards for Hazardous Air Pollutants (NESHAP) and names asbestos-containing material (ACM) as one of these materials. ACM use, removal, and disposal are regulated by United State Environmental Protection Act (EPA) under this law. In addition, notification of friable ACM removal prior to a proposed demolition project is required by this law.

Title 42 U.S. Code of Federal Regulations, Chapter 116 – Emergency Planning and Community Right -to-Know Act
The Emergency Planning and Community Right-to-Know Act (EPCRA) provides for public access to information about chemical hazards. The EPCRA and its regulations included in Title 40 U.S.C. Parts 350-372 establish four types of reporting obligations for facilities storing or managing specified chemicals: emergency planning, emergency release notification, hazardous chemical storage reporting requirements, and toxic chemical release inventory. EPA

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maintains a database, termed the Toxic Release Inventory, which includes information on reportable releases to the environment.

Title 15 U.S. Code of Federal Regulations , Chapter 53, Subchapter I, Section 2601 et seq. – Toxic Substances Control Act of 1976
The Toxic Substances Control Act (TSCA) of 1976 empowers EPA to require reporting, record-keeping, and testing, as well as to place restrictions on the use and handling of chemical substances and mixtures. This regulation phased out the use of asbestos and ACM in new building materials and also sets requirements for the use, handling, and disposal of ACM as well as for lead -based paint (LBP) waste. As discussed above, EPA has also established National Emission Standards for Hazardous Air Pollutants (NESHAP), which govern the use, removal, and disposal of ACM as a hazardous air pollutant and mandate the removal of friable ACM before a building is demolished and require notification before demolition. In addition to asbestos, ACM, and LBP requirements, this re gulation also banned the manufacturing of PCBs and sets standards for the use and disposal of existing PCB -containing equipment or materials.

Title 42 U.S. Code of Federal Regulations, Section 9601 – Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 101 – Definitions CERCLA provides for the cleanup of uncontrolled or abandoned hazardous wastes sites as well as accidents, spills, and other emergency releases of hazardous substances. CERCLA section 101 [42 U.S.C. section 9601] provides definitions for terms used throughout CERCLA., including hazardous substance, toxic pollutants, hazardous air pollutants, hazardous waste, and release.

Hazardous Substance: CERCLA section 101(14) defines “hazardous substance” by reference to lists of substances designated under specific authorities. The CERCLA list of hazardous substances (40 Code of Federal Regulations (CFR) part 302.4) is currently comprised of the following lists:
▪ Clean Water Act (CWA) Hazardous Substances per CWA section 311(b)(2) [ 40 CFR 116.4 ; 33 U.S.C. 1321(b)(2)]
▪ CWA Toxic Pollutants per CWA section 307(a) [40 CFR 401.15, 40 CFR part 423 Appendix A, and 40 CFR 131.36; 33 U.S.C. 1317(a)]
▪ CAA Hazardous Air Pollutants per CAA section 112(b) [ 33 U.S.C. 7412(b) ; P.L. 102 -187 December 4, 1991; 70 FR 75047 , December 19, 2005; 69 FR 69320 , November 29, 2004; 61 FR 30816 , June 18, 1996; 65 FR 47342, August 2, 2000, and 87 FR 393, January 5, 2022] ▪ RCRA Hazardous Wastes per RCRA section 3001 [ 40 CFR part 261 Subpart D – Lists of Hazardous Wastes; 42 U.S.C. 6921]
Release: CERCLA section 101(22) defines “release” as any “…spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant).”
Regional Screening Levels
The federal EPA provides regional screening levels for chemical contaminants to provide comparison values for residential and commercial/industrial exposures to soil, air, and tap water (drinking water). RSLs are available on

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the EPA’s website and provide a screening level calculation tool to assist risk assessors, remediation project managers, and others involved with risk assessment and decision-making. RSLs are also used when a site is initially investigated to determine if potentially significant levels of contamination are present to warrant further investigation. In California, the DTSC Human and Ecological Risk Office (HERO) incorporated the EPA RSLs into the HERO human health risk assessment. HERO created Human Health Ri sk Assessment (HHRA) Note 3, which incorporates HERO recommendations and DTSC-modified screening levels (DTSC-SLs) based on review of the EPA RSLs. The DTSC -SL should be used in conjunction with the EPA RSLs to evaluate chemical concentrations in environmental media at California sites and facilities.

U.S. Department of Labor, Occupational Safety and Health Administration Title 29 U.S. Code of Federal Regulations , Part 1926 et seq. – Safety and Health Regulations for Construction
These standards require employee training; personal protective equipment; safety equipment; and written procedures, programs, and plans for ensuring worker safety when working with hazardous materials or in hazardous work environments during construction activities, including renovations and demolition projects and the handling, storage, and use of explosives. These standards also provide rules for the removal and disposal of asbestos, lead, LBP, and other lead materials. Although intended primarily to protect worker health and safety, these requirements also guide general facility safety. This regulation also requires that an engineering survey is prepared prior to demolition.

Title 29 U.S. Code of Federal Regulations , Part 1910 et seq. – Occupational Safety and Health Standards
Under this regulation, facilities that use, store, manufacture, handle, process, or move hazardous materials are required to conduct employee safety training , inventory safety equipment relevant to potential hazards , have knowledge on safety equipment use, prepare an illness prevention program, provide hazardous substance exposure warnings, prepare an emergency response plan, and prepare a fire prevention plan.

U.S. Department of Transportation
Title 49 U.S. Code of Federal Regulations , Part 172, Subchapter C – Shipping Papers The U.S. Department of Transportation established standards for the transport of hazardous materials and hazardous wastes. The standards include requirements for labeling, packaging, and shipping hazardous materials and hazardous wastes, as well as training requirements for personnel completing shipping papers and manifests.

Federal Response Plan
The Federal Response Plan of 1999, as amended in 2003 (FEMA 2003) is a signed agreement among 27 federal departments and agencies, including the American Red Cross, that (1) provides the mechanism for coordinating delivery of federal assistance and resources to augment efforts of state and local governments overwhelmed by a major disaster or emergency, (2) supports implementation of the Robert T. Stafford Disaster Relief and Emergency Act and individual agency statutory authorities, and (3) supplements other federal emergency operations plans developed to address specific hazards. The Federal Response Plan is implemented in anticipation of a significant event likely to result in a need for federal assistance or in response to an actual event requiring federal assistance under a presidential declaration of a major disaster or emergency.

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Federal Aviation Administration
Title 14 USC, Chapter 1, Subchapter E, Part 77 – Aeronautics and Space – Safe, Efficient Use, and Preservation of the Navigable Airspace
This regulation establishes requirements for notifying the Federal Aviation Administration (FAA) of certain construction activities and alterations to existing structures, in order to ensure there are no obstructions to navigable airspace. For example, projects that include construction or alteration exceeding 200 feet in height above ground level are required to notify the FAA.

International Fire Code
The International Fire Code (IFC), created by the International Code Council, is the primary means for authorizing and enforcing procedures and mechanisms to ensure the safe handling and storage of any substance that may pose a threat to public health and safety. The IFC regulates the use, handling, and storage requirements for hazardous materials at fixed facilities. The IFC and t he International Building Code use a hazard classification system to determine what measures are required to protect against str uctural fires. These measures may include construction standards, separations from property lines, and specialized equipment. To ensure that these safety measures are met, IFC employs a permit system based on hazard classification. The IFC is updated every 3 years.

State
California Unified Program for Management of Hazardous Waste and Materials California Health and Safety Code (HSC), Division 20, Chapter 6.11, Sections 25404 - 25404.9 Sections – Unified Hazardous Waste and Hazardous Materials Management Regulatory Program Under the California Environmental Protection Agency (CalEPA), the Department of Toxic Substances Control (DTSC) and Enforcement and Emergency Response Program (EERP) administer the technical implementation of California’s Unified Program, which consolidates the administration, permit, inspection, and enforcement activities of several environmental and emergency management programs at the local level. Certified Unified Program Agencies (CUPAs) implement the hazardous waste and materials standards. This program was established under the amendments to the California HSC made by SB 1082 in 1994. The programs that make up the Unified Program are:
▪ Aboveground Petroleum Storage Act (APSA) Program
▪ Area Plans for Hazardous Materials Emergencies
▪ California Accidental Release Prevention (CalARP) Program ▪ Hazardous Materials Release Response Plans and Inventories (Hazardous Materials Business Plans, or HMBPs)
▪ Hazardous Material Management Plan (HMMP) and Hazardous Material Inventory Statements (HMIS) ▪ Hazardous Waste Generator and On-site Hazardous Waste Treatment (Tiered Permitting) Program ▪ Underground Storage Tank Program
The CUPA for the Project site is the Orange County Environmental Health.

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Title 19 CCR, Chapter 2, Subchapter 3, Sections 2729 -2734/California HSC Division 20, Chapter

6.95, Sections 25500 –25520
This regulation requires the preparation of an HMBP by facility operators. The HMBP identifies the hazards, storage locations, and storage quantities for each hazardous chemical stored on-site. The HMBP is submitted to the CUPA for emergency planning purposes. The project site is currently subject to these requirements and there is an HMBP in place.

California Government Code Section 51014.6
Section 51014.6 of the California Government Code states the following:
(a) Effective January 1, 1987, no person, other than the pipeline operator, shall do any of the following with respect to any pipeline easement: (1) Build, erect, or create a structure or improvement within the pipeline easement or permit the building, erection, or creation thereof. (2) Build, erect, or create a structure, fence, wall, or obstruction adjacent to any pipeline easement which would prevent complete and unimpaired surface access to the easement, or permit the building, erection, or creation thereof. (b) No shrubbery or shielding shall be installed on the pipeline easement which would impair aerial observation of the pipeline easement. This subdivision does not prevent the revegetation of any landscape disturbed within a pipeline easement as a re sult of constructing the pipeline and does not prevent the holder of the underlying fee interest or the holder’s tenant from planting and harvesting seasonal agricultural crops on a pipeline easement. (c) This section does not prohibit a pipeline operator from performing any necessary activities within a pipeline easement, including, but not limited to, the construction, replacement, relocation, repair, or operation of the pipeline.

As stated in the Office of the State Fire Marshal, Pipeline Safety Division Information Sheet (CAL FIRE 2015), it is the position of the State Fire Marshal that nothing may encroach into or upon the pipeline easement that would impede the pipeline operator from complete and unobstructed surface access along the pipeline right-of-way, nor may there be any obstructions that would shield the pipeline right-of-way from observation. In the interest of public safety and the protection of the environment, it is im perative that the pipeline operator visually assesses the conditions along the easement to ensure the integrity of the pipeline.

It is the responsibility of the pipeline operator to ensure that they have unimpeded surface access and to be able to physically observe all portions of their pipeline rights -of-way. In cases where this is not possible, the pipeline operator must inform the State Fire Marshal. The State Fire Marshal will, in collaboration with the pipeline operator, resolve the issue.

California Dig Law
Title 1, Division 5, Chapter 3.1, Article 2, Section 4216 requires, prior to any excavation2, the excavator to delineate the area to be excavated, so that subsurface utilities can be identified and marked. The excavator will contact the regional notification center at least 2 days but not more than 14 days prior to excavation. The regional notification

2 According to Title 1, Division 5, Chapter 3.1, Article 2, Section 4216 (g), excavation is defined as “ any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives i n any of the following ways: grading, trenching, digging, ditching, drilling, augering, tunneling, sc raping, cable or pipe plowing and driving, or any other way.”

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center will in turn identify and notify all appropriate owners and agencies with subsurface utilities in the area.

Excavation will not begin until subsurface utilities are marked.

Hazardous Waste Management
Title 22 CCR, Division 4.5 – Environmental Health Standards for the Management of Hazardous Waste In the State of California, the Department of Toxic Substances Control (DTSC) regulates hazardous wastes. These regulations establish requirements for the management and disposal of hazardous waste in accordance with the provisions of the California Hazard ous Waste Control Act and federal RCRA. As with federal requirements, waste generators must determine if their wastes are hazardous according to specified characteristics or lists of wastes.

Hazardous waste generators must obtain identification numbers; prepare manifests before transporting waste off- site; and use only permitted treatment, storage, and disposal facilities. Standards also include requirements for record keeping, reporting, packaging, and labeling. Additionally, while not a federal requirement, California requires that hazardous waste be transported by registered hazardous waste transporters.

In addition, Chapter 31 – Waste Minimization, Article 1 – Pollution Prevention and the Hazardous Waste Source Reduction and Management Review of these regulations require that generators of 12,000 kilograms/year of typical, operational hazardous waste evaluate their waste streams every four years and, as applicable, select and implement viable source reduction alternatives. This Act does not apply to non -typical hazardous waste, including ACM and PCBs, among others.

Title 22 California HSC, Division 20, Chapter 6.5 – California Hazardous Waste Control Act of 1972 This legislation created the framework under which hazardous wastes must be managed in California. It provides for the development of a state hazardous waste program (regulated by DTSC) that administers and implements the provisions of the federal RCRA program. It also provides for the designation of California -only hazardous wastes and development of standards that are equal to or, in some cases, more stringent than, federal requirements. The CUPA is responsible for implementing some elements of the law at the local level.

Human Health Risk Assessment Note 3 –DTSC -Modified Screening Levels (DTSC -SLs) HHRA Note Number 3 presents recommended screening levels (derived from the EPA RSLs using DTSC -modified exposure and toxicity factors) for constituents in soil, tap water, and ambient air. The DTSC-SL should be used in conjunction with the EPA RSLs to evaluate chemical concentrations in environmental media at California sites and facilities.

Aboveground and Underground Petroleum Storage Tanks
Title 22 California HSC, Division 20, Chapter 6.67, Sections 25270 to 25270.13 – Aboveground Petroleum Storage Act
This law applies if a facility is subject to SPCC regulations under Title 40 U.S.C. Part 112, or if the facility has 10,000 gallons or more of petroleum in any or combination of ASTs and connecting pipes. If a facility exceeds these criteria, it must prepare a SPCC plan.

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Low -Threat Underground Storage Tank (UST) Case Closure Policy This policy applies to petroleum UST sites subject to Chapter 6.7 of the Health and Safety Code. This policy establishes both general and media-specific criteria. If both the general and applicable media-specific criteria are satisfied, then the leaking UST case is generally considered to present a low threat to human health, safety and the environment. This policy recognizes, however, that even if all of the specified criteria in the policy are met, there may be unique attributes of the case or site-specific conditions that increase the risk associated with the residual petroleum constituents. In these cases, the regulatory agency overseeing corrective action at the site must identify the conditions that make case closure under the policy inappropriate.

Regional Water Boards and local agencies have been directed to review all cases in the petroleum UST Cleanup Program using the framework provided in this policy. These case reviews shall, at a minimum, include the following for each UST case:

Determination of whether or not each UST case meets the criteria in this policy or is otherwise appropriate for closure based on a site-specific analysis.

If the case does not satisfy the criteria in this policy or does not present a low-risk based upon a site-specific analysis, impediments to closure shall be identified.

Each case review shall be made publicly available on the State Water Board's GeoTracker web site in a format acceptable to the Executive Director.

City Council - Successor Agency - Housing AuthorityNovember 19, 2024

City Council - Successor Agency - Housing Authority
November 19, 2024