To the City of Fullerton,
On behalf of OC Goes Solar, a local 501(c)(3) nonprofit dedicated to advancing equitable, affordable, and accessible clean energy solutions throughout Orange County, we are pleased to express our strong support for the City of Fullerton's draft Environmental Justice Element.
As a regional outreach and education partner for the Solar on Multifamily Affordable Housing (SOMAH) Program, OC Goes Solar works directly with affordable housing providers, community-based organizations, and residents to increase awareness of and access to clean energy resources for underserved communities. The SOMAH Program is a statewide initiative overseen by the California Public Utilities Commission that provides financial incentives for installing solar energy systems on deed-restricted multifamily affordable housing properties, ensuring that the benefits of clean energy reach low-income households.
To help achieve the goals outlined in Section 1: Reducing Pollution Exposure and Section 7:
Safe and Sanitary Homes, we respectfully encourage the City to explicitly recognize and support the SOMAH Program within the Environmental Justice Element.
Including SOMAH would advance the City's environmental justice goals in several important ways:
● Expands equitable access to clean energy. SOMAH is specifically designed to bring the benefits of renewable energy to residents of affordable multifamily housing, many of whom have historically faced barriers to accessing clean energy technologies. ● Reduces energy costs for low-income households. The program provides financial incentives that enable affordable housing properties to install solar systems while ensuring that a meaningful portion of the energy savings is passed directly to tenants through reduced electricity bills. These long-term savings help improve housing affordability and reduce energy burden for families that need it most. ● Improves environmental and public health. By increasing the use of renewable energy, SOMAH helps reduce reliance on fossil fuel-generated electricity, lowering greenhouse gas emissions and air pollution that disproportionately impact disadvantaged communities.
● Advances California's environmental justice and climate goals. The Environmental Justice Element seeks to ensure that the benefits of environmental investments are distributed equitably across all communities. SOMAH is an established, state-supported program specifically created to achieve this objective by bringing clean energy investment to affordable housing communities.
At OC Goes Solar, we have seen firsthand how programs like SOMAH can improve quality of life by lowering utility costs, increasing access to clean energy, and building healthier, more resilient communities. Incorporating SOMAH into the City's Environmental Justice Element would strengthen Fullerton's commitment to environmental equity while connecting affordable housing providers with an existing statewide resource that is already delivering measurable benefits.
We respectfully request that the City of Fullerton include a policy or implementation action encouraging collaboration with and promotion of the SOMAH Program to expand access to solar energy for affordable housing residents throughout the city.
Thank you for your leadership and commitment to advancing environmental justice and creating a healthier, more equitable future for all Fullerton residents.
Sincerely,
Alexis Anaya
For OC Goes Solar
Response to Public Comment #1
Hello Alexis.
Noted -received. The City will include this comment as part of the review of the Environmental Justice Element (EJE).
The City would like to add a policy or action item that encourages the coordination and expansion of solar energy and energy storage opportunities for aƯordable housing properties located within Fullerton's disadvantaged communities seems appropriate. The State of California also has mandatory requirements regarding solar PV systems for new construction projects, which supports this direction.
Yan Gao, AICP
Senior Planner
Community & Economic Development
City of Fullerton
p: 714-738-6854
e: yan.gao@cityoƯullerton.com
303 W. Commonwealth Ave.
Fullerton, CA 92832
www.cityoƯullerton.com
Response to Public Comment #2,
Hello Iqbal,
Noted- received. The City will include this comment as part of the review of the Environmental Justice Element (EJE).
The City and Consultant team will take it into consideration for the upcoming public workshop.
Response to Public Comment #3,
Hello Miriam,
Noted- received. The City will include this comment as part of the review of the Environmental Justice Element (EJE).
Response to Public Comment #4
Hello Steven,
Thank you for your comments regarding the Public Review Draft Environmental Justice Element. The City appreciates your participation in the planning process and your concerns regarding noise impacts associated with activities at the Coyote Hills Golf Course and the potential eƯects on nearby residents and sensitive habitat areas.
The Environmental Justice Element is intended to establish citywide goals, policies, and implementation actions to reduce environmental burdens and improve health outcomes for disadvantaged communities, consistent with Senate Bill 1000. The Draft Element includes goals and policies related to reducing exposure to noise pollution, promoting compatible land uses, improving environmental health in disadvantaged communities, and supporting equitable access to healthy living environments. These policies apply broadly throughout the city and are intended to help guide future planning, policy, and decisionmaking eƯorts.
The City acknowledges the concern that existing sources of noise may aƯect nearby residential neighborhoods and sensitive habitat areas. While the Environmental Justice Element provides overarching policy direction, they are not intended to serve as projectspecific enforcement or nuisance-abatement documents. Concerns regarding compliance with existing permits, operational conditions, municipal regulations, or nuisance provisions are addressed through separate regulatory and administrative processes. The City will include this correspondence in the administrative record and consider these comments as part of the review of the Environmental Justice Element. The comment will also be evaluated in connection with the Elements' existing policies related to noise, environmental health, land use compatibility, disadvantaged communities, and habitat conservation.
Thank you again for your participation and interest in the City's planning eƯorts.
Yan Gao, AICP
Senior Planner
Community & Economic Development
City of Fullerton
p: 714-738-6854
e: yan.gao@cityoƯullerton.com
303 W. Commonwealth Ave.
Fullerton, CA 92832
www.cityoƯullerton.com
June 23, 2026
To: City of Fullerton
RE: Environmental Justice Element to General Plan
Comments:
Let’s stop this Environmental Justice Element now before it destroys local businesses with new regulations, fees and bureaucracy causing businesses to leave along with the employment they create and taxes they pay.
We taxpayers can barely afford gas for our cars or the maintenance it takes to keep them running so we can get to our jobs. The real Environmental In-Justice are the roads we have to drive on in our city.
Let’s stick with what our government should be doing – maintaining our roads, underground water and sewer lines, police and fire protection. The basics are enough and we are not doing that. Let’s not keep piling on things we can’t afford. Just the name “Environmental Justice” is enough to offend. We all know it means nothing more than government getting bigger and costlier to the taxpayers. Stop it now.
We are already millions in debt.
Sincerely,
Concerned Fullerton Taxpaying Citizens
Scott and Tina Foley
Response to Public Comment #5,
Hello Scott,
Thank you for sharing your perspective. We understand and appreciate the concerns about cost of living, infrastructure needs, and supporting local businesses, these are critical priorities for every community. It is important to clarify, however, that incorporating Environmental Justice into the General Plan is not optional. The State of California requires it under Senate Bill 1000 which has been in eƯect since January 1, 2018. This law mandates that cities and counties identify disadvantaged communities and address environmental justice through either a standalone Environmental Justice Element or integrated policies within the General Plan.
It is also important to note that an Environmental Justice Element does not automatically create new taxes, fees, or regulations on its own. Instead, it establishes policies and priorities that guide future decisions and help the City compete for state and federal funding. Many state funding programs now require Environmental Justice considerations as part of eligibility. Aligning with state requirements may help bring additional resources to the City.
Thank you,
Response to Public Comment #6,
Hello Naida,
Noted- received. The City will include this comment as part of the review of the Environmental Justice Element (EJE).
Canopy coverage is addressed in both the Open Space and Conservation Element and the Environmental Justice Element. Based on the Percent Urban Canopy Cover data in the Open Space and Conservation Element, the Chapman Avenue and State College Boulevard area falls within a census tract with just below average urban canopy coverage at the statewide level. The document includes policies focused on increasing canopy coverage in these areas.
Policy P5.10 – Urban Canopy: Enhance canopy and shade tree coverage along walking routes, school frontages, bus stops, and park perimeters to reduce heat exposure and strengthen wildlife connectivity. Prioritize planting in areas with low canopy coverage, particularly in Districts 4 and 5, to provide co-benefits for both the community and local wildlife. Additional urban heat island mitigation strategies include green roofs, light-colored building and pavement materials, and permeable pavement.
Similarly, the Environmental Justice Element includes policies focused on expanding canopy and green infrastructure, especially in pollution burdened areas. The Chapman Avenue and State College Boulevard area falls within a census tract categorized as an Impacted Community.
Policy P1.3 – Preserve and Enhance Natural BuƯers: Support the expansion and maintenance of urban tree canopy, landscaping, and green infrastructure in areas with elevated pollution exposure.
Response to Public Comment #7,
Hello Frank,
Noted- received. The City will include this comment as part of the review of the Environmental Justice Element (EJE).
Regarding the fourth paragraph:
EƯorts are ongoing to secure and conserve the remaining western portion (approximately 292 acres). In March 2024, collaborative grant funding from state and federal agencies— including the Coastal Conservancy, Wildlife Conservation Board, San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and the U.S. Fish and Wildlife Service— supported Phase II acquisitions to expand preserved habitat, with goals related to climate resilience, flood protection, and wildfire buƯering. Pending future federal funding, development on the remaining land may still occur. Please visit the City’s website for updates on West Coyote Hills
(https://www.cityoƯullerton.com/government/departments/community-and-economicdevelopment/west-coyote-hills).
Goal #2 of the Open Space Element—“Provide comprehensive and forward-thinking planning to guide the development, preservation, and stewardship of future open spaces”—includes policies that support projects, programs, and regulations to create open space as funding and opportunities become available.
Goal #4—“Increase accessibility and inclusivity of open space resources and enhance a connected trail system that links the community to these open spaces”—includes several policies related to trail connectivity and safety.
Response to Public Comment #8
Hello Paul,
Noted- received. The City will include this comment as part of the review of the Environmental Justice Element (EJE).
1. NOTICE OF INDIVIDUAL CAPACITY & LEGAL
DISCLAIMER
PLEASE NOTE: The comments, analysis, and policy proposals submitted herein are presented solely in my individual capacity as a private resident and property owner.
1. INDIVIDUAL CAPACITY: These remarks represent my own personal opinions and professional recommendations. They do not represent, reflect, or speak on behalf of any public commission, board of directors, joint powers authority (JPA), municipal entity, private business, or nonprofit organization with which I am, or have previously been, affiliated.
2. IDENTIFICATION PURPOSES ONLY: Any past or present titles, public offices held (including my former service as a Member of the Buena Park City Council representing District 2), advisory appointments (including my prior service on the South Coast Air Quality Management District [SCAQMD] Youth Leaders Advisory Council), or organizational affiliations (including co-founding the Orange County Power Authority [OCPA]) mentioned herein are provided solely for identification, background, and qualification purposes to establish context for my municipal planning and environmental health experience.
3. CONSTRUCTIVE INTENT: This submission is offered in good faith to assist City Staff and decision-makers in optimizing long-range municipal plans, maximizing inter-departmental workflows, and leveraging grant opportunities over time. Nothing herein should be construed as an adverse critique of City Staff's dedication or baseline work.
Public Comment Letter -JTC3 - 8.12.2026 - Environmental Justice Element Page 2 of 16
2. OPENING STATEMENT & AFFIRMATION OF CITY
STAFF’S EFFORTS
DATE: August 12, 2026
TO: Chair Valadez and Members of the Planning Commission CC: Community and Economic Development Department; City Council, City of Fullerton FROM: Resident, Former Buena Park City Council Member (District 2), Co-Founder of Orange County Power Authority, Former Member of SCAQMD Youth Leaders Advisory Council SUBJECT: Comprehensive Public Comment & Policy Recommendations for the Draft Environmental Justice Element (Appendix N to The Fullerton Plan, General Plan Amendment LRP-2026-0005)
Good evening Members of the Planning Commission, City Council, and City Staff.
I want to begin by applauding and commending City Staff for their immense hard work, care, and technical thoroughness in drafting the Environmental Justice Element (Appendix N).
Synthesizing spatial pollution burden metrics, demographic vulnerabilities, and long-range land-use frameworks under Senate Bill 1000 (Government Code Section 65302(h)) requires an enormous administrative effort. Staff has laid an exemplary foundation for the future of Fullerton.
I offer these comments as a collaborative municipal partner, local resident, and regional practitioner with direct experience in environmental justice, municipal planning, and regional air quality governance. Having served on the Buena Park City Council representing District 2—which directly borders Fullerton’s airport neighborhoods, industrial corridors, and shared census tracts—I have lived these environmental justice realities firsthand. I have routinely experienced the fine, silver-nitrate and metallic particulate residue settling overnight on vehicles south of Commonwealth Avenue and west of Magnolia Avenue, a direct product of general aviation emissions, freight transit along Interstate 5 and Highway 91, and surrounding industrial uses.
My goal in submitting these proposals is to ensure staff's thoughtful work is equipped with actionable, self-sustaining implementation tools that integrate seamlessly into existing departmental workflows over time without straining the General Fund.
Public Comment Letter -JTC3 - 8.12.2026 - Environmental Justice Element Page 3 of 16
3. CROSS-PLAN MASTER DOCUMENT INTEGRATION
FRAMEWORK
To prevent siloed municipal planning, maximize staff resources, and position the City for competitive state and federal grants, the Environmental Justice Element (EJE) must serve as a central policy hub that cross-aligns with Fullerton’s existing master plans and strategic planning documents:
Document /
Plan Responsible Department EJE Cross-Alignment Strategy Funding / Grant
Leverage
1. Local Hazard
Mitigation Plan
(LHMP) & Safety
Element
Fire Dept / OEM / Planning
Heat Island, Urban
Flooding, & Extreme
Weather Hazards
FEMA Pre-Disaster
Mitigation (PDM) &
BRIC Grants
2. Housing
Element (6th
Cycle Update)
Community & Economic
Development
PRIP, Indoor Air Quality
(MERV-13), Anti-Eviction
Controls
REAP 2.0 & HCD
Affordable Housing
Grants
3. Circulation
Element &
Active
Transportation
Plan (*Fullerton
On the Go*)
Public Works / Engineering Class IV Bikeways & Heavy
Freight Transit Separation
Caltrans Active
Transportation
Program (ATP) Cycle
Grants
4. Parks & Open
Space Master
Plan
Parks & Recreation
DAC Tree Canopy Targets &
Micro-Park Land
Acquisition
Quimby Act Park
Impact Fees & CAL
FIRE Forestry Grants
5. 5-Year Capital
Improvement
Program (CIP)
Public Works / Finance
Annual EJE Equity Review
for Infrastructure
Allocations
Municipal CIP Budget
& State Infrastructure
Grants
6. Water Quality
& Stormwater
Master Plan
(LID/BMPs)
Public Works / Stormwater VOC Cleanup, Soil Vapor &
Groundwater Remediation
Region 8 MS4 Permit
Programs & DTSC
Brownfield Funds
7. Airport
Master Plan &
ALUC
City Manager / Airport
Admin
AvGas Lead Phase-Out
Roadmap & Fenceline Air
Monitoring
SCAQMD MSRC
Grants & FAA
Environmental
Improvement AIP
Public Comment Letter -JTC3 - 8.12.2026 - Environmental Justice Element Page 4 of 16
1. Local Hazard Mitigation Plan (LHMP) & General Plan Safety Element: Integrates urban heat island reduction (cool roofs, tree canopy) into FEMA Pre-Disaster Mitigation (PDM) funding streams.
2. Housing Element (6th Cycle Update): Connects residential habitability, indoor air quality (MERV-13), and anti-displacement protections directly to housing unit production and preservation programs.
3. Circulation Element & Active Transportation Plan (Fullerton On the Go): Directs Class IV Separated Bikeways and heavy freight route restrictions into regional Caltrans grant applications.
4. Parks & Recreation Master Plan: Prioritizes park impact fees (Quimby Act) and urban forestry grants in census tracts with park deficits south of Commonwealth Avenue.
5. 5-Year Capital Improvement Program (CIP): Establishes an annual EJE Equity Review ensuring capital investments prioritize Disadvantaged Communities (DACs).
6. Low Impact Development (LID) Guidance Manual & Stormwater MS4 Framework:
Directs industrial soil vapor and groundwater remediation efforts along industrial corridors.
7. Fullerton Municipal Airport Master Plan & Airport Land Use Compatibility Plan (ALUC): Coordinates fenceline air monitoring and leaded fuel phase-out roadmaps.
Public Comment Letter -JTC3 - 8.12.2026 - Environmental Justice Element Page 5 of 16
4. POLICY IMPLEMENTATION MATRIX RANKED
ACCORDING TO FEASIBILITY
The following matrix ranks all proposed policy additions in order of Implementation Feasibility (from most feasible to least feasible) to allow staff and decision-makers to systematically integrate these provisions into departmental workflows over time.
Feasibility
Rank
Proposed Policy /
Program
Statutory /
Regulatory
Citation
Designated
Lead Dept.
Funding Engine & Cost
Recovery Model
1. HIGHEST
FEASIBILI
TY
(Immediat
e
Workflow
Integration
)
Infill & ADU
Passive Design
Overlay (IAQ, Cool
Roofs,
Cross-Ventilation,
MERV-13)
Cal. Energy Code
(Title 24, Part 6);
Cal. Building Code
(Title 24, Part 11 /
CALGreen)
Community &
Economic
Development /
Building &
Safety
Cost-Neutral (Covered via
standard building permit and
plan-check fee schedules)
2. HIGH
FEASIBILI
TY
(Regulator
y Code
Enforcem
ent)
Buena Park-Style
Tenant Protection
& Permitting Audit
Overlay
Gov. Code § 7060
et seq. (Ellis Act);
Civ. Code §
1946.2 (AB 1482);
Civ. Code §
1946.2(b)(2)(B)
Community &
Economic
Development /
Code
Enforcement /
Legal
Cost-Neutral / Revenue
Generating (Offset via
mandatory civil
non-compliance penalties,
e.g., $15,000 bad-faith fines)
3. MODERAT
E-HIGH
FEASIBILI
TY
(Self-Fundi
ng Fee)
Mandatory
Multi-Family
Landlord Contact
Registry & Tenant
Portal
Gov. Code §
65080; Health &
Safety Code §
17920 et seq.
Community &
Economic
Development /
Code
Enforcement
100% Full Cost-Recovery
(Self-funding annual landlord
registration fee, $15–$25 per
unit)
4. MODERAT
E
FEASIBILI
TY
(Requires
Ordinance
& Fee
Proactive Rental
Inspection
Program (PRIP)
Health & Safety
Code § 17920.3
(State Housing
Law); Modeled
after Buena Park
& Long Beach
PRIP
Community &
Economic
Development /
Code
Enforcement
Self-Funding Fee Structure
(Annual per-unit habitability
fee + non-compliant
re-inspection fees)
Public Comment Letter -JTC3 - 8.12.2026 - Environmental Justice Element Page 6 of 16 Study)
5. MODERAT
E
FEASIBILI
TY
(Inter-Age
ncy
Coordinati
on)
Industrial
Groundwater &
Soil Vapor
Protection Overlay
(VOC Remediation
& Monitoring)
Health & Safety
Code § 25249.5
(Prop 65); Water
Code § 13000 et
seq.
(Porter-Cologne
Act)
Community &
Economic
Development /
Public Works /
DTSC
Cost-Neutral / Grant Eligible
(Developer testing fees via
CEQA processing +
DTSC/EPA Brownfield
Grants)
6. MODERAT
E-LOW
FEASIBILI
TY (Grant
Dependen
t)
Class IV
Separated
Bikeways & Heavy
Freight Separation
Corridors
(Magnolia &
Interchange)
Gov. Code §
65080; Streets &
Highways Code §
890.4 (Class IV
Separated
Bikeways)
Public Works /
Traffic
Engineering
Competitive Infrastructure
Grants (Caltrans Active
Transportation Program
[ATP], REAP 2.0, SCAQMD
MSRC Grants)
7. MODERAT
E-LOW
FEASIBILI
TY (Grant
Dependen
t)
Urban Tree
Canopy Equity
Target (30%
Shade Cover in
DACs)
Gov. Code §
65302(h); Health
& Safety Code §
4799.06 (Urban
Forestry Act)
Public Works /
Parks &
Recreation
Competitive Forestry Grants
(CAL FIRE Urban &
Community Forestry, IRA
Urban Canopy Grants,
Caltrans Greening Grants)
8. LEAST
FEASIBILI
TY
(Intergove
rnmental
Preemptio
n)
AvGas Phase-Out
Roadmap &
Fenceline Air
Quality Monitoring
(Fullerton
Municipal Airport)
42 U.S.C. § 7401
et seq. (Clean Air
Act); 49 U.S.C. §
47101 et seq.
(FAA Airport
Improvement)
City Manager
/ Fullerton
Municipal
Airport
Administratio
n
Competitive Air Quality
Grants (SCAQMD Mobile
Source Air Pollution
Reduction Committee, FAA
Airport Improvement
Program Environmental)
5. DETAILED POLICY PROPOSALS & REGULATORY
ANALYSIS
Policy
Component Key Technical Provisions Lead Department Fiscal Impact / Revenue Mechanism Public Comment Letter -JTC3 - 8.12.2026 - Environmental Justice Element Page 7 of 16 Infill & ADU
Passive Design
Requires passive solar
orientation, dual-aspect
cross-ventilation, cool
roofs, and MERV-13/16
mechanical air filtration for
new ADUs and
rehabilitations pre-1970
tracts south of
Commonwealth Ave.
Building & Safety Division
Cost-Neutral
(Standard applicant
plan-check fees)
Tenant
Protection Audit
Requires multi-family
owners seeking no-fault
substantial remodel
evictions to obtain fully
approved city building
permits prior to issuing
notices. Modeled on Buena
Park Ord. 1722.
Code Enforcement / Legal
Revenue Generating
($15,000 civil penalty
for non-compliance)
Landlord
Contact Registry
Mandates annual contact
info registration for owners
of 2+
residential/commercial
rental units to ensure direct
multilingual
city-tenant-owner
communication for health
alerts.
Code Enforcement /
Housing
100% Cost-Recovery
($15–$25 per unit
annual fee)
Proactive Rental
Inspection
(PRIP)
Systematic interior/exterior
habitability inspections for
pre-1970 multi-family
housing in DACs without
relying on tenant
complaints to prevent
retaliation. Modeled after
Buena Park and Long
Beach.
Code Enforcement Division
Self-Funding (Annual
per-unit habitability
fee + re-inspection
fees)
Industrial Soil &
Groundwater
Overlay
Requires Phase I ESAs and
soil vapor testing within
500 ft of industrial zoning.
Mandates sub-slab
depressurization and vapor
barriers for legacy VOC
(TCE/PCE) areas.
Planning / Building & Safety
/ DTSC
Cost-Neutral
(Developer CEQA
fees) & EPA/DTSC
Brownfield Grants
Public Comment Letter -JTC3 - 8.12.2026 - Environmental Justice Element Page 8 of 16 Class IV Freight
Corridors
Upgrades bike lanes on
Magnolia Ave and
Orangethorpe Ave to Class
IV physically separated
bikeways, 3-minute
anti-idling zones, and
zero-emission freight
routes.
Traffic Engineering Division
Grant Funded
(Caltrans ATP, REAP
2.0) & Automated
Fine Revenue
Urban Tree
Canopy Target
Prioritizes 60% of municipal
forestry funds to DAC
census tracts south of
Commonwealth Ave and
west of Magnolia Ave to
achieve 30% shade canopy
by 2035.
Urban Forestry / Parks &
Rec
Grant Funded (CAL
FIRE, IRA Urban
Canopy, Caltrans
Greening)
Airport AvGas
Transition
Establishes fenceline
monitoring for lead (Pb)
and ultrafine particulates
(UFP) at Fullerton
Municipal Airport (FUL),
and creates a roadmap to
transition from 100LL to
UL94/G100UL.
City Manager / Airport
Admin / SCAQMD
Grant Funded
(SCAQMD MSRC &
FAA AIP
Environmental
Grants)
5.1 Infill & ADU Passive Design Overlay (IAQ & Microclimate Cooling) ● Policy Recommendation: Integrate an internal plan-check workflow requiring all new Accessory Dwelling Units (ADUs), multi-family housing developments, and major residential rehabilitations in pre-1970 tracts south of Commonwealth Avenue to incorporate passive design principles. Standards must require passive solar orientation, dual-aspect cross-ventilation, high-reflectance cool roofs, and mechanical ventilation systems equipped with Minimum Efficiency Reporting Value (MERV-13 or MERV-16) air filtration.
● Statutory Framework: California Building Standards Code (Title 24, California Code of Regulations), specifically Part 6 (California Energy Code) and Part 11 (California Green Building Standards Code / CALGreen).
● Designated Lead Department: Community and Economic Development Department (Building & Safety Division). Integrated into standard plan-check workflows. ● Funding & Cost Recovery: Cost-Neutral. Administered entirely through existing plan-check and building permit fee schedules charged to project applicants.
Public Comment Letter -JTC3 - 8.12.2026 - Environmental Justice Element Page 9 of 16 ┌──────────────────────────────────────────────────────── ────────────────────────────────┐
│ SUSTAINABLE INFILL & ADU INDOOR AIR QUALITY OVERLAY │ ├──────────────────────────────────────────────────────── ────────────────────────────────┤
│ │
│ [High Reflectance Cool Roofs] [Dual-Aspect Cross-Ventilation Alignment]│ │ │ │ │
│ ▼ ▼ │
│ ┌───────────────────────────┐
┌───────────────────────────┐ │
│ │ Reduces Thermal Mass & │ │ Drives Natural Air │ │
│ │ Urban Heat Island Burden │ │ Circulation & Cooling │ │ │ └────────────┬──────────────┘
└────────────┬──────────────┘ │
│ │ │ │
│ └───────────────────────┬────────────────────────┘
│
│ │ │
│ ▼ │
│ ┌───────────────────────────┐ │
│ │ MERV-13/16 Mechanical │ │
│ │ Air Filtration Mandate │ │
│ └───────────────────────────┘ │
└──────────────────────────────────────────────────────── ────────────────────────────────┘
5.2 Tenant Protection & Permitting Audit Overlay
● Policy Recommendation: Codify local anti-displacement safeguards modeled directly after tenant protection ordinances enacted in the City of Buena Park since 2022. Require multi-family property owners seeking "no-fault" tenant evictions under the pretense of "substantial remodels" to secure fully approved, unexpired building permits from the City prior to issuing termination notices.
● Statutory Framework: California Civil Code Section 1946.2 (Tenant Protection Act of 2019 / AB 1482), specifically Section 1946.2(b)(2)(B), and California Government Code Section 7060 et seq. (Ellis Act).
● Designated Lead Department: Community and Economic Development Department (Planning Division / Code Enforcement Division) in coordination with the City Attorney’s Office.
● Funding & Cost Recovery: Cost-Neutral / Revenue-Generating. Program administration is offset by mandatory civil penalties (e.g., $15,000 per violation) levied Public Comment Letter -JTC3 - 8.12.2026 - Environmental Justice Element Page 10 of 16 against bad-faith property owners who issue fraudulent termination notices or fail to execute permitted work.
5.3 Mandatory Multi-Family Property Owner Contact Registry & Digital Tenant Portal
● Policy Recommendation: Mandate that all commercial and residential owners of multi-family rental properties (2+ units) register and annually update primary contact information with the City, establishing a centralized database. This registry will support a direct notification system to ensure code violations, emergency repair orders, habitability notices, and environmental health alerts are served directly to both property owners and occupants in their primary language.
● Statutory Framework: California Health and Safety Code Section 17920 et seq. (State Housing Law) and California Government Code Section 65080. ● Designated Lead Department: Community and Economic Development Department (Code Enforcement Division / Housing Division).
● Funding & Cost Recovery: 100% Full Cost Recovery. Supported by an annual landlord registration fee ($15–$25 per unit) collected during standard business license renewals to fund portal maintenance, software hosting, and staff oversight.
5.4 Proactive Rental Inspection Program (PRIP)
● Policy Recommendation: Establish a systematic, proactive rental inspection framework targeting aging multi-family housing stock (pre-1970 construction) in designated Disadvantaged Communities (DACs). Rather than relying on a complaint-based system—which exposes vulnerable tenants to fears of retaliatory eviction—code enforcement officers will perform scheduled, routine habitability inspections to identify structural defects, mold, non-functional cross-ventilation, and indoor air hazards. ● Precedent & Model: Proposed and adopted in the City of Buena Park, modeled directly after the City of Long Beach Proactive Rental Housing Inspection Program (PRHIP). ● Statutory Framework: California Health and Safety Code Section 17920.3 (Unstandard/Substandard Building Criteria under State Housing Law). ● Designated Lead Department: Community and Economic Development Department (Code Enforcement Division).
● Funding & Cost Recovery: Self-Funding Fee Engine. Operational costs are fully funded via an annual per-unit habitability fee assessed on property owners (with a minor allowable pass-through to tenants), supplemented by full-cost re-inspection penalty fees assessed on non-compliant properties.
┌──────────────────────────────────────────────────────── ────────────────────────────────┐
Public Comment Letter -JTC3 - 8.12.2026 - Environmental Justice Element Page 11 of 16 │ PROACTIVE RENTAL INSPECTION PROGRAM (PRIP) │
├──────────────────────────────────────────────────────── ────────────────────────────────┤
│ │
│ [Proactive Routine Audits] [Landlord Contact Registry Portal] │ │ (Pre-1970 Multi-Family Housing) (Direct Owner-Tenant-City Line) │ │ │ │ │
│ └───────────────────────┬────────────────────────┘
│
│ │ │
│ ▼ │
│ ┌───────────────────────────┐ │
│ │ Early Identification of │ │
│ │ Mold, IAQ & Code Defects │ │
│ └────────────┬──────────────┘ │
│ │ │
│ ▼ │
│ ┌───────────────────────────┐ │
│ │ Protects Vulnerable Tenants│ │
│ │ Without Retaliation Risk │ │
│ └───────────────────────────┘ │
└──────────────────────────────────────────────────────── ────────────────────────────────┘
5.5 Industrial Groundwater, Soil Quality, & Soil Vapor Protection Overlay
● Policy Recommendation: Establish a soil quality and vapor intrusion mitigation overlay for properties located within 500 feet of current or legacy industrial land uses south of Commonwealth Avenue and west of Magnolia Avenue. Require Phase I Environmental Site Assessments (ESAs) and soil vapor testing for residential infill, ADU, and sensitive-use developments. Where legacy volatile organic compounds (VOCs—such as TCE and PCE), heavy metals, or soil vapor hazards are detected, mandate sub-slab depressurization systems, vapor barrier membranes, or active soil remediation prior to occupancy permit issuance.
● Statutory Framework: California Water Code Section 13000 et seq. (Porter-Cologne Water Quality Control Act) and California Health and Safety Code Section 25249.5 et seq. (Proposition 65).
● Designated Lead Department: Community and Economic Development Department (Planning / Building & Safety) in coordination with Public Works (Engineering), the Department of Toxic Substances Control (DTSC), and the Orange County Public Comment Letter -JTC3 - 8.12.2026 - Environmental Justice Element Page 12 of 16 Environmental Health Division.
● Funding & Cost Recovery: Cost-Neutral / Grant Eligible. Developer-funded testing fees integrated into standard environmental review (CEQA) processing, backed by EPA Brownfields Assessment & Cleanup Grants and DTSC Targeted Site Investigation (TSI) funds.
5.6 Class IV Separated Bikeways & Freight Mitigation Corridors (Corridors: Magnolia Avenue, Orangethorpe Avenue, and I-5 / SR-91 Interchange) ● Policy Recommendation: Designate Magnolia Avenue and Orangethorpe Avenue as Heavy Freight Mitigation Corridors. Upgrade planned bike routes to Class IV Separated Bikeways (Protected Bikeways) featuring physical grade separation or rigid bollards to protect active transportation users from heavy and medium-duty truck transit.
Implement 3-minute anti-idling zones and designate zero-emission freight access lanes connecting industrial hubs directly to freeway interchanges. ● Statutory Framework: California Streets and Highways Code Section 890.4 (Class IV Separated Bikeways) and SCAQMD Rule 407/408 (Liquid & Gaseous Air Contaminants). ● Designated Lead Department: Public Works Department (Traffic Engineering & Transportation Division).
● Funding & Cost Recovery: Grant Funded & Revenue Generating. Construction is funded via Caltrans Active Transportation Program (ATP) Cycle grants and SCAG Regional Council REAP 2.0 grants. Anti-idling enforcement is supported by fine revenue generated through automated camera technology.
5.7 Microclimate Urban Tree Canopy Equity Target
● Policy Recommendation: Establish a binding EJE policy requiring that 60% of all municipal urban forestry grant funds and tree-planting capital allocations be prioritized specifically for census tracts south of Commonwealth Avenue and west of Magnolia Avenue to achieve a minimum of 30% street shade canopy cover by 2035. ● Statutory Framework: California Government Code Section 65302(h) (SB 1000) and California Health and Safety Code Section 4799.06 (California Urban Forestry Act). ● Designated Lead Department: Public Works Department (Maintenance Services / Urban Forestry Division) and Parks and Recreation Department. ● Funding & Cost Recovery: Grant Funded. Funded through competitive grants under the CAL FIRE Urban and Community Forestry Grant Program, the Inflation Reduction Act (IRA) Urban Canopy Grant, and Caltrans Highway Greening Grants.
5.8 Fullerton Municipal Airport (FUL) AvGas Transition & Air Quality Surveillance
● Policy Recommendation: Expand the EJE framework to acknowledge the long-term public health impacts of Tetraethyl Lead (TEL) exposure from 100LL Leaded Aviation Gasoline (AvGas) used by piston-engine aircraft at Fullerton Municipal Airport. Establish a formal municipal roadmap to phase out 100LL AvGas in favor of commercially available unleaded alternatives (e.g., UL94, G100UL) prior to federal deadlines, and partner with Public Comment Letter -JTC3 - 8.12.2026 - Environmental Justice Element Page 13 of 16 regional air districts to establish fenceline air quality monitoring for lead ($\text{Pb}$) and ultrafine particulate matter ($\text{UFP}$).
● Statutory Framework: Federal Clean Air Act, 42 U.S.C. § 7401 et seq. (2023 EPA Endangerment Finding for Leaded AvGas); California Health and Safety Code Section 39600 et seq. (AB 1807 / Toxic Air Contaminants).
● Designated Lead Department: City Manager’s Office (Fullerton Municipal Airport Administration) in coordination with SCAQMD and the Orange County Health Care Agency (OCHCA).
● Funding & Cost Recovery: Grant Funded / Regional Cost Sharing. Air monitoring infrastructure and unleaded fuel tank conversions are funded via SCAQMD Mobile Source Air Pollution Reduction Review Committee (MSRC) grants and FAA Airport Improvement Program (AIP) Environmental Mitigation Grants.
Public Comment Letter -JTC3 - 8.12.2026 - Environmental Justice Element Page 14 of 16
6. WORKS CITED & STATUTORY REFERENCES
1. City of Buena Park. (2022). City of Buena Park Environmental Justice Element Update.
Adopted General Plan Element.
2. City of Buena Park. (2023). Ordinance No. 1722: Establishing Tenant Protection Standards and Permit Verification for Substantial Remodel Evictions. Buena Park Municipal Code.
3. City of Fullerton. (2026). Planning Commission Staff Report: Item No. 1, General Plan Amendment LRP-2026-0005 (Environmental Justice Element - Appendix N).
4. City of Long Beach. (2020). Proactive Rental Housing Inspection Program (PRHIP) Operational Framework. Development Services Department.
5. State of California. (2016). Senate Bill 1000 (Leyva): Planning for Disadvantaged Communities. California Government Code Section 65302(h).
6. State of California. (2019). Assembly Bill 1482 (Chiu): Tenant Protection Act of 2019.
California Civil Code Section 1946.2.
7. State of California. (2022). California Building Standards Code. Title 24, California Code of Regulations (Parts 6 & 11).
8. State of California. (2023). Class IV Separated Bikeways Act. California Streets and Highways Code Section 890.4.
9. U.S. Environmental Protection Agency (EPA). (2023). Final Endangerment Finding for Lead Emissions from Aircraft Engines. 42 U.S.C. § 7457; Federal Register / Vol. 88, No. 202.
10. U.S. Federal Aviation Administration (FAA). (2022). Eliminate Aviation Gasoline Lead Emissions (EAGLE) Initiative Framework. FAA Technical Bulletin.
Public Comment Letter -JTC3 - 8.12.2026 - Environmental Justice Element Page 15 of 16
8. INDEX OF TERMS
● 100LL AvGas: 100 Low Lead Aviation Gasoline containing Tetraethyl Lead (TEL). ● Class IV Separated Bikeway: A right-of-way designated exclusively for bicycle travel separated from vehicular traffic by physical barriers or grade elevation. ● Disadvantaged Communities (DACs): Census tracts identified under CalEnviroScreen
4.0 or SB 1000 meeting high cumulative pollution and demographic vulnerability thresholds.
● DPM: Diesel Particulate Matter generated by heavy-duty freight transit. ● DTSC: Department of Toxic Substances Control (State of California). ● IAQ: Indoor Air Quality.
● MERV-13 / MERV-16: Minimum Efficiency Reporting Value air filtration ratings capable of trapping fine particulate matter ($\text{PM}_{2.5}$).
● PCE: Tetrachloroethylene (Perchloroethylene), a volatile organic solvent. ● PRIP: Proactive Rental Inspection Program.
● SCAQMD: South Coast Air Quality Management District.
● TCE: Trichloroethylene, a industrial organic solvent. ● TEL: Tetraethyl Lead, an antiknock agent in aviation gasoline. ● UFP: Ultrafine Particulate Matter.
● VOC: Volatile Organic Compound.
Public Comment Letter -JTC3 - 8.12.2026 - Environmental Justice Element Page 16 of 16 Response to Public Comment #9,
Hello Jose,
Thank you for the in-depth response and thorough research. The City acknowledges and agrees that the Environmental Justice Element serves as a central policy hub that aligns with and supports Fullerton's existing master plans and strategic planning documents.
While many of the topics identified are addressed at a policy level within the Environmental Justice Element, additional documents and resources provide more detailed guidance and implementation strategies, including the following:
Air Quality Concerns: Residents are encouraged to report air quality issues when they occur, including photographs if possible, through the AQMD website, by calling 1-800-CUT-SMOG, or through the AQMD mobile app. If the issue appears to originate from a nearby industrial source, reporting it while it is occurring is especially important. Although AQMD has limited authority over aviation and roadway emission sources, residents are still encouraged to report any visible sources of emissions they observe.
Tenant Protections, ADUs, Infill Development, and Multifamily Housing: These topics are more directly addressed through the Housing Element, as well as the City's code enforcement, building, and safety programs. However, the comments have been noted.
Bikeways and Active Transportation Corridors: More detailed information regarding separated bikeways and specific transportation corridors can be found within the City's Circulation Element and related transportation planning documents.
Urban Tree Canopy and Microclimate Equity: Urban canopy goals, tree equity considerations, and microclimate strategies are closely connected to the City's Urban Forest Management Plan, which provides more detailed guidance on these topics.
Regarding grant and funding opportunities, the goals and policies in this document are intended to support and complement related planning eƯorts throughout the City. As part of implementation, the City will continue to monitor and pursue applicable funding and grant opportunities. We appreciate the inclusion of funding and grant leverage opportunities in your table and will take them into consideration in the Action Plan for the Environmental Justice Element.