those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of energy is required.
6.8 Geology and Soils
General Plan EIR Findings
Geology and soils are discussed in Section 3.7 and paleontological resources are discussed in Section
3.6 of the General Plan EIR. The General Plan EIR determined that impacts associated with the exposure of people to geologic hazards, soil erosion, unstable soils, expansive soils, and paleontological resources would be less than significant. The General Plan EIR also determined that impacts associated with unsafe geological conditions would be less than significant.
Addendum Analysis
As described in Section 2.7, the net increase of units and population associated with the proposed rezoning would not exceed the buildout projections considered as part of the General Plan EIR.
Thus, the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR.
The proposed rezoning would not increase potential impacts related to geology and soils as the rezone and backup rezone sites are currently zoned and designated for urban development and could be developed under their existing zoning and land use designations. The increase in density on these sites would not result in an increase in the potential development footprint, thereby expanding potential geology and soils impacts into new areas. Further, the Safety Element Update aims to reduce geologic hazards in Gustine and the EJ Element aims to reduce health risks conditions, promote civic engagement, and prioritize improvements and programs that address the needs of EJ Neighborhoods (none of which would result in physical changes to the environment).
Rather both the Safety Element Update and the EJ Element may reduce impacts to geology and soils or result in beneficial impacts compared to existing conditions. Specifically, Policy 2.1 and Implementation Programs 2.1.A and 2.1.B ensure protection of structures from geologic risks and require preparation of a soils report for future development; and Goal 5 and Policies 5.1 through 5.6 and associated Implementation Programs aim to protect residents and businesses from natural and human-made hazards such as subsidence.
Individual projects under the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would undergo project-specific developmental review, including design review, and would be subject to adopted development regulations such as the California Building Code and International Building Code's regulations and standards regarding seismic safety of buildings and structures.
Conclusion
The proposed project would not result in geology and soils impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of geology and soils is required. 44
Summary of Findings
6. 9 Greenhouse Gas Emissions
General Plan EIR Findings
The General Plan EIR does not include a separate section regarding greenhouse gas (GHG) emissions since it was not required under the CEQA Guidelines Appendix G checklist at the time the EIR was prepared. A discussion of GHG emissions impacts is provided herein to supplement the General Plan EIR.
Addendum Analysis
The proposed project is consistent with the General Plan and would not, in and of itself, result in impacts to GHG emissions or adopted plans for the purpose of reducing GHGs. Because the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR, as stated in Section 2.7, the project would not increase the emission of GHGs beyond the magnitude of emissions from development facilitated by the General Plan.
Further, the Safety Element Update aims to reduce hazards and impacts related to climate chane in Gustine. The EJ Element also aims to reduce health risks conditions, promote civic engagement, and prioritize improvements and programs that address the needs of EJ Neighborhoods, which may be resulting from climate change impacts. However, for both the Safety Element Update and the EJ Element, the potential improvements associated with the goals, policies and programs would not result in physical changes to the environment. Rather, they would promote ways to reduce or avoid impacts and thus may have beneficial impacts related to hazards or hazardous materials compared to existing conditions. Specifically, Policies 5.3 and 9.1 of the Safety Element as well as Policy 1.1 and Implementation Program 1.1A of the EJ Element aim to enhance public education of natural and climate change-induced hazards and implement strategies to increase the resilience of vulnerable populations and ecosystems against climate change.
Future development consistent with the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would be required to adhere to applicable climate and GHG emissions policies and regulations including consistency with any targets established by SB 32, AB 32, SB 97, and SB 375. Furthermore, the proposed project would increase density within the city to accommodate planned growth which would reduce vehicle miles travelled (VMT) and therefore reduce GHG emissions by promoting the creation of housing in areas near transit and other necessary services. With compliance with existing regulations, impacts related to GHG emissions would be less than significant. Future development facilitated by the project would also undergo project-specific developmental review and would be required to adhere to State and City building standards and policies designed to reduce GHG emissions with new residential construction, such as CCR Title 20, Division 2, State Energy Resources Conservation and Development Commission; and CCR Title 24, Part 11, California Green Building Standards Code, Tier 1.
Conclusion
The proposed project would not result in GHG emissions impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of GHG emissions is required.
General Plan EIR Addendum 45
6.10 Hazards and Hazardous Materials
General Plan EIR Findings
Hazards and hazardous materials are discussed in Section 3.8 of the General Plan EIR. The General Plan EIR determined that there would be no significant impacts to the routine transport, use, or disposal of hazardous materials, the release of hazardous materials into the environment, the release of hazardous materials near schools, hazardous sites, safety hazards regarding airports, and emergency response plans.
Addendum Analysis
As described in Section 2.7, the net increase of units and population associated with the proposed rezoning would not exceed the buildout projections considered as part ofthe General Plan EIR. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR.
The proposed rezoning would not increase potential impacts related to hazard and hazardous materials as the rezone and backup rezone sites are currently zoned and designated for urban development and could be developed under their existing zoning and land use designations. The increase in density on these sites would not result in an increase in the potential development footprint on sites with identified hazardous materials concerns. The housing opportunity sites are not listed on a hazardous materials database pursuant to Government Code 65965.2 (DTSC 2024; SWRCB 2024a, 2024b, 2024c).
Further, the Safety Element Update aims to reduce hazards and impacts related to hazardous materials in Gustine. The EJ Element also aims to reduce health risks conditions, promote civic engagement, and prioritize improvements and programs that address the needs of EJ Neighborhoods, which may be resulting from hazards or hazardous materials. However, for both the Safety Element Update and the EJ Element, the potential improvements associated with the goals, policies and programs would not result in physical changes to the environment. Rather, they would promote ways to reduce or avoid impacts and thus may have beneficial impacts related to hazards or hazardous materials compared to existing conditions. Specifically, Goal 4, Policies 4.1 through 4.8, and associated Implementation Programs of the Safety Element aim to reduce the likelihood of hazardous materials release, exposure and contamination; Policy 5.5 of the Safety Element require coordination with nearby jurisdictions to reduce the risk of hazardous events occurring in surrounding areas that may affect Gustine; and Policy 1.3 and Implementation Programs 1.3.A and
1.3.B of the EJ Element aim to limit the risk of exposure for life, property, and the environment to hazardous materials and hazardous wastes.
Individual projects under the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would undergo project-specific developmental review, including design review, and would be subject to adopted federal, state, and local regulations. Furthermore, because the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
46
Summary of Findings
Conclusion
The proposed project would not result in hazards and hazardous materials impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of hazards and hazardous materials is required.
6.11 Hydrology and Water Quality
General Plan EIR Findings
Hydrology and Water Quality is discussed in Section 3.9 of the General Plan EIR. The General Plan EIR determined that all impacts to water supply, water quality, water drainage and erosion, runoff water, flooding, tsunami, seiche, mudflow, and groundwater supply would be less than significant.
Addendum Analysis
As described in Section 2.7, the net increase of units and population associated with the proposed rezoning would not exceed the buildout projections considered as part of the General Plan EIR. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR. Further, the Safety Element Update aims to reduce hazards (including those to flooding and water quality) in Gustine and the EJ Element aims to reduce health risks conditions (such as flooding or impacts from poor water quality) and would prioritize improvements and programs that address the needs of EJ Neighborhoods (none of which would result in physical changes to the environment). Thus, the goals, policies and programs of the Safety Element Update and EJ Element may result in beneficial impacts to hydrology and water quality. Specifically, Goal 3 and Policies 3.1 through 3.4 and associated Implementation Programs of the Safety Element aim to minimize injury, loss of life, property damage, and economic social disruption from flooding and inundation hazards in Gustine; Policy 5.1 of the Safety Element requires siting of critical public facilities outside of the identified 100-year flood plain; Policy 9.3 and Implementation Programs 9.3.A and 9.3.B of the Safety Element require coordination with regional water agencies to reduce drought risks and ensure Gustine has a healthy and reliable water supply; and Policy 4.1 of the EJ Element requires capital improvements for water that would facilitate the provision of safe and sanitary housing.
The proposed rezoning would not increase potential impacts related to hydrology and water quality as the rezone and backup rezone sites are currently zoned and designated for urban development and could be developed under their existing zoning and land use designations. The increase in density on these sites would not result in an increase in the potential development footprint, thereby expanding potential hydrology and water quality impacts into new areas. Individual projects under the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would undergo project-specific developmental review, including design review, and would be subject to adopted regulations.
Conclusion
The proposed project would not result in hydrology and water quality impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan General Plan EIR Addendum 47
EIR applies to the proposed project and no additional environmental assessment of hydrology and water quality is required.
6.12 Land Use and Planning
General Plan EIR Findings
Land use and planning is discussed in Section 3.10 of the General Plan EIR. The General Plan EIR concluded that implementation of the General Plan would not have significant impacts with regards to the division of an established community. Additionally, the General Plan EIR determined that the General Plan is the primary planning document for the City and there are no other planning documents that could conflict with the General Plan. Overall, impacts were determined to be less than significant.
Addendum Analysis
As described in Section 2.7, the net increase of units and population associated with the proposed rezoning would not exceed the buildout projections considered as part of the General Plan EIR. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR.
Future development facilitated by the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would undergo project-specific developmental review, including design review, and would be subject to adopted development standards and policies including those in the Land Use Element of the General Plan. The proposed rezoning would not result in inconsistencies with the current land use plans or divide communities because the rezone and backup rezone sites would be change land use designations from Planned Development, Highway Commercial and Low Density Residential to Medium and High Density Residential along with the respective zoning (making both the General Plan and Zoning Code consistent).
Adherence to the goals and policies included in the Land Use Element of the General Plan would ensure that the future development would not conflict with a land use plan or policy. Additionally, because the project would facilitate the development of housing primarily on infill sites within the city, development facilitated by the proposed project would not divide an established community.
Conclusion
The proposed project would not result in land use and planning impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of land use and planning is required.
6.13 Mineral Resources
General Plan EIR Findings
Mineral Resources are discussed in Section 3.11 of the General Plan EIR. The General Plan EIR determined that there would be no impact to mineral resources. 48
Summary of Findings
Addendum Analysis
As discussed in the General Plan EIR, there are no known significant mineral resources or mining operations in the city. Because the project would result in infill development and rezone of sites within the city, the project would have no impact on mineral resources, similar to the General Plan EIR.
Conclusion
The proposed project would not result in mineral resource impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of mineral resources is required.
6.14 Noise
General Plan EIR Findings
Noise is discussed in Section 3.12 of the General Plan EIR. The General Plan EIR determined that implementation of the General Plan would not result in significant impacts to noise standards, ground borne vibration or noise levels, increases in ambient noise levels, and airport noise levels.
Addendum Analysis
As described in Section 2.7, the net increase of units and population associated with the proposed rezoning would not exceed the buildout projections considered as part of the General Plan EIR. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR.
Future development facilitated by the project would undergo project-specific developmental review, including design review, and would be subject to adopted development standards and policies including those in Section 4-30-050 of the Gustine Municipal Code and in the Noise Element of the General Plan. The rezone and backup rezone sites would allow for higher density development on certain sites but would not result in overall greater total development envisioned by the General Plan. Thus, the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not increase noise impacts beyond what was described in the General Plan EIR.
Conclusion
The proposed project would not result in noise impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of noise is required.
6.15 Population and Housing
General Plan EIR Findings
Population and housing is discussed in Section 3.13 of the General Plan EIR. The General Plan EIR determined that implementation of the General Plan would not result in significant impacts from substantial growth or the displacement of existing housing and people.
General Plan EIR Addendum 49
Addendum Analysis
As described in Section 2.7, the net increase of units and population associated with the proposed rezoning would not exceed the buildout projections considered as part of the General Plan El R. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR.
As mentioned in Section 2.7, the proposed project would promote the development of housing to meet the city's RHNA requirement and ensure that the Housing Element is in compliance with state law to accommodate anticipated population growth within the city. Further, the Safety Element Update aims to reduce hazards in Gustine and the EJ Element aims to reduce health risks conditions, promote civic engagement, and prioritize improvements and programs that address the needs of EJ Neighborhoods (neither of which would result in changes to population or housing).
The proposed project would result in the rezoning of up to eight sites and as shown in Table 3, this would be a net increase of 491 units. As described therein, the projected increase in growth aligns with expectations outlined in the State RHNA accommodation and can be considered anticipated growth, as evident by the State RHNA accommodation. Future development facilitated by the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would undergo project-specific developmental review, including design review, and would be subject to adopted development regulations.
Conclusion
The proposed project would not result in population and housing impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of population and housing is required.
6.16 Public Services
General Plan EIR Findings
Public services are discussed in Section 3.14 ofthe General Plan EIR. The General Plan EIR determined that implementation of the General Plan EIR would not result in significant impacts to public services such as fire protection, police protection, schools, parks, and other public facilities.
Addendum Analysis
The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would rezone up to eight sites within the city from Planned Development, Highway Commercial, and Low Density Residential to Medium and High Density to accommodate anticipated population growth associated with the City's RHNA allocation. As discussed in Section 2.7, the proposed increase in growth can be considered as anticipated growth as evident by accommodating the City's State RHNA goal. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not result in an increase in buildout above the buildout assumed in the General Plan EIR.
The proposed project would update the zoning map as a result of the proposed rezoning. The fundamental regulations and requirements of the General Plan and Zoning Code, such as meeting design standards, would still apply to all projects in the City, including future development so
Summary of Findings
facilitated by the project. Goals and policies in the proposed Safety Element Update would enhance public services such as police and fire protection and ensure effective emergency access.
Specifically, Policy 1.3 and Implementation Programs 1.3.A and 1.3.B of the Safety Element aims to maintain an adequate peak load water supply for fire suppression efforts; Policy 1.4 of the Safety Element requires enforcement and adoption of new development standards to reduce fire hazard in development; Policy 6.1 of the Safety Element encourages emergency response coordination and collaboration with the Newman Fire Department, the Merced County Fire Department, and CALFIRE; Policy 6.6 and Implementation Program 6.6.A of the Safety Element aim to ensure City facilities are capable of providing and sustaining essential services during emergencies; and Policy
7.1 and Implementation Programs 7.1.A and 7.1.B ensures maintenance of a responsible response time and appropriate staffing for fire and police services. These goals, policies, and measures would continue to be required with implementation of the proposed project.
Future development facilitated by the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would undergo project-specific developmental review, including design review, and would be subject to adopted development regulations, including General Plan policies and community public facilities fees established in the City's Municipal Code Title 4, Chapter 7.
Conclusion
The proposed project would not result in public services impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of public services is required.
6.17 Recreation
General Plan EIR Findings
Recreation is discussed in Section 3.15 of the General Plan EIR. The General Plan EIR determined that impacts related to parks and recreational facilities would be less than significant.
Addendum Analysis
As described in Section 2.7, the net increase of units and population associated with the proposed rezoning would not exceed the buildout projections considered as part of the General Plan EIR. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR. Therefore, the project would not result in an increase in recreation impacts as compared to the General Plan.
Further, the Safety Element Update aims to reduce hazards in Gustine and the EJ Element aims to reduce health risks conditions, promote civic engagement, and prioritize improvements and programs that address the needs of EJ Neighborhoods (none of which would result in physical changes to the environment). Specifically, Goal 2, Policies 2.1 through 2.3, and associated Implementation Programs of the EJ Element aim to ensure public facilities such as parks and recreational services are distributed equitably throughout the community; Policy 5.4 and Implementation Programs 5.4.A and 5.4.B of the EJ Element requires future parks to accommodate a diverse recreational program to support the interests of all residents; Policy 5.5 aims to provide parks and recreational facilities and services in accordance with the City standard of six acres of property per 1,000 residents; and Policy 5.6 and Implementation Program 5.6.A aims to ensure General Plan EIR Addendum 51
parks and open space be evenly distributed to reflect population density and be within a half-mile radius of nearby residential uses. Additionally, goals and policies in the Open Space Element of the General Plan would continue to apply, such as Policy 10.2.2.a, which requires the dedication, improvement, and/or fees for parkland. Future development facilitated by the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would also undergo project-specific developmental review, including design review, and would be subject to adopted development regulations, including General Plan policies and park fees established in the City's Municipal Code.
Conclusion
The proposed project would not result in recreation impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of recreation is required.
6.18 Transportation
General Plan EIR Findings
Transportation is discussed in Section 3.16 of the General Plan EIR. The General Plan EIR analyzed Level of Service (LOS) as the methodology to assess significance and found that current and future traffic impacts would not exceed the LOS standard established by the Congestion Management Agency at Merced County. The General Plan EIR states that implementation of the General Plan would not cause any changes to air traffic patterns. Impacts related to design features, emergency access, and alternative transportation plans were also determined to be less than significant. Finally, the General Plan EIR determined that there would be a significant and unavoidable impact to the increase in traffic, particularly in the Highway 33/140 corridor. The General Plan EIR states that mitigation of traffic congestion in the City is beyond the ability and jurisdiction of the City.
Addendum Analysis
As described in Section 2.7, the net increase of units and population associated with the proposed rezoning would not exceed the buildout projections considered as part of the General Plan El R. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR.
The Safety Element Update aims to reduce hazards, including those associated with emergency access and evacuation in Gustine. The EJ Element aims to reduce health risks conditions, promote civic engagement, and prioritize improvements and programs that address the needs of EJ Neighborhoods. Specifically, Policy 5.2 and Implementation Program 5.2.A of the EJ Element aim to improve and maintain the system of sidewalks and crosswalks and require new development to incorporate connected street and pedestrian/bicycle networks; and Policy 5.3 and Implementation Programs 5.3.A and 5.3.B require the City to enhance and expand the interconnected trail system that offers pedestrian walkways, bike paths, and trials throughout the community. These updates to the Safety Element and EJ Element would generally result in a reduction of transportation related impacts in Gustine and would not result in physical changes to the environment.
The rezone and backup rezone sites would allow for higher density development on certain sites but would not result in overall greater total development envisioned by the General Plan. As a result of SB 743, VMT is now the new metric used to measure traffic impacts. The proposed project would 52
Summary of Findings
increase density within the city to accommodate planned growth which would reduce VMT by promoting the creation of housing in areas near necessary services within the city. VMT is considered a better metric than LOS because it focuses on reducing overall driving distances, improving sustainability and environmental outcomes, rather than just traffic flow and congestion at specific intersections, which can encourage urban sprawl. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would be consistent with the intent of SB 743 by promoting higher density residential within the existing city limits that will help avoid urban sprawl and thereby reduce VMT. Further, future development facilitated by the project would undergo project-specific developmental review and would be subject to adopted policies and programs identified in the General Plan EIR.
Conclusion
The proposed project would not result in transportation impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the project and no additional environmental assessment of transportation is required.
6.19 Tribal Cultural Resources
General Plan EIR Findings
Tribal Cultural Resources was added to the CEQA Guidelines in 2016 as a separate environmental issue area. Thus, the General Plan EIR (certified February 2002) does not include a chapter or section dedicated to analysis of impacts to tribal cultural resources. However, it does analyze general impacts to historical and cultural resources (including archeological resources that may originate from Native American tribes) in Section 3.6. As the Notice of Preparation for the General Plan EIR was published before July 1, 2015, tribal consultation pursuant to Assembly Bill (AB) 52 was not required.
Addendum Analysis
In accordance with the requirements of Senate Bill (SB) 18, the City requested a tribal contact list from the California Native America Heritage Commission (NAHC) on July 24, 2024. NAHC responded to the City's request on July 29", 2024 providing a list of 12 contacts from 7 Native American tribal organizations that should be invited to consult with the City. The contact list included the following tribal organizations: Amah Mutsun Tribal Band, North Fork Rancheria of Mono Indians, Northern Valley Yokut/Ohlone Tribe, Picayune Rancheria of the Chukchansi Indians, Southern Sierra Miwuk Nation, Tule River Indian Tribe, and Wuksachi Indian Tribe/Eshom Valley Band.
On September 10, 2024 the City sent letters inviting the tribes listed above to consult with the City under the provisions SB 18. The invitations advised the tribes that if consultation was desired, then they must formally accept the invitation in writing within 90 days of receipt of the City's letter pursuant to SB 18. To date, the City received 0 responses.
The proposed project, in and of itself, would not propose or authorize specific development. The proposed project would not, in and of itself, result in impacts to tribal cultural resources such as causing a substantial adverse change in the significance of a tribal cultural resource. The proposed rezoning would not increase potential impacts to tribal cultural resources as the rezone and backup rezone sites are currently zoned for urban development and could be developed under existing General Plan EIR Addendum 53
zoning. The increase in density on these sites would not result in an increase in the potential development footprint, thereby expanding potential tribal cultural resource impacts into new areas.
Future development facilitated by the project would undergo project-specific developmental review, including design review, and would be subject to adopted development regulations and possibly subject to AB 52 compliance. Therefore, impacts would be less than significant.
Conclusion
The proposed project would not result in tribal cultural resource impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of tribal cultural resources is required.
6.20 Utilities and Service Systems
General Plan EIR Findings
Utilities and service systems are discussed in Section 3.17 of the General Plan EIR. The General Plan EIR determined that impacts related to water supply, wastewater systems, solid waste generation, and stormwater drainage facilities would be less than significant. Impacts to electricity are briefly discussed in Section 5.2 of the General Plan EIR, which states that future development under the General Plan would require commitments of electricity, and the implementation of City policies and the use of modern construction techniques would ensure impacts are not significant. Impacts to telecommunications are not discussed in the General Plan EIR but are discussed below.
Addendum Analysis
As described in Section 2.7, the net increase of units and population associated with the proposed rezoning would not exceed the buildout projections considered as part of the General Plan EIR. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR.
Because the proposed project would not exceed the build out identified in the General Plan EIR, it would not result in an increase in demand for water supply, wastewater, or solid waste services.
Future development facilitated by the project would undergo project-specific developmental review, including design review, and would be subject to adopted development regulations. The proposed project would not result in new utilities impacts not discussed in the General Plan EIR or an increase in the severity of utilities impacts. Further, the Safety Element Update aims to reduce hazards in Gustine and the EJ Element aims to reduce health risks conditions, promote civic engagement, and prioritize improvements and programs that address the needs of EJ Neighborhoods. Specifically, Policy 1.3 and Implementation Programs 1.3.A and 1.3.B of the Safety Element ensure there is adequate peak load water supply for fire suppression efforts; Policy 9.3 and Implementation Programs 9.3.A and 9.3.B of the Safety Element require coordination with regional water agencies to ensure a healthy and reliable water supply; Implementation Program 9.4.A ensures available water supplies for parks, community centers, and sport courts/field to encourage proper hydration and protection against heat-related illnesses; Implementation Program 1.1.B of the EJ Element requires compliance with WELD and the City's water efficient landscape standards; and Policy 4.1 requires capital improvements for sewer, water, street, storm drainage, and electric improvements that facilitate the provision of safe and sanitary housing. These may result in 54
Summary of Findings
improvements to utilities and service systems but would not result in physical changes to the environment as no new development or construction would be associated with the implementation of these goals, policies and programs.
The proposed project, in and of itself, would not propose or authorize specific development.
Because the project is a regulatory update, the proposed project would not, in and of itself, result in impacts to electricity or telecommunications utilities. Future development facilitated by the project would undergo project-specific developmental review, including design review, and would be required to comply with General Plan goals and policies related to utilities and services systems.
Therefore, impacts would be less than significant.
Conclusion
The proposed project would not result in utility impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of utilities is required.
6.21 Wildfire
General Plan EIR Findings
Wildland fires are discussed in Section 3.8 of the General Plan EIR. Impacts regarding potential to expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands were determined to be less than significant.
Addendum Analysis
There are no State Responsibility Areas or Very High Fire Hazard Severity Zones within the city of Gustine (CAL FIRE 2024). The nearest Very High Fire Hazard Severity Zone is approximately 5 miles west of the city. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not, in and of itself, result in impacts to wildfire. Further, the Safety Element Update aims to reduce hazards (including those related to wildfire, emergency access and evacuation) in Gustine and the EJ Element aims to reduce health risks conditions, promote civic engagement, and prioritize improvements and programs that address the needs of EJ Neighborhoods. Specifically, Goal 1, Policies 1.3 through 1.4, and associated Implementation Programs of the Safety Element aim to minimize risk of injuries, property damage, and economic loss resulting from urban and wild land fires in and around Gustine; Policies 4.2 and 4.3 of the Safety Element discourages new development in areas of wildfire risk; Policy 5.1 of the Safety Element requires the siting of critical public facilities outside High Fire Hazard Severity Zones; Policy 5.4 of the Safety Element requires retrofitting City-owned buildings, roadways, and facilities in areas prone to structural fire to maximize defensible space and outdoor proofing; and Implementation Program
6.2.D of the Safety Element requires the City to provide reference materials to property homeowners to create defensible space for fire prevention. Future development facilitated by the project would undergo project-specific review and would be subject to adopted development standards, and the California Fire Code. With implementation of these standards, impacts would be less than significant.
General Plan EIR Addendum 55
Conclusions
The proposed project would not result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of wildfire is required. 56
Summary of Findings
7 Cumulative Impacts
In addition to the specific impacts of individual projects, CEQA requires consideration of potential cumulative impacts of the proposed project. CEQA defines "cumulative impacts" as two or more individual impacts that, when considered together, are substantial or will compound other environmental impacts. Cumulative impacts are the combined changes in the environment that result from the incremental impact of development of the proposed project and other past, present, and probable future projects producing related or cumulative impacts. For example, noise impacts of two nearby projects may be less than significant when analyzed separately but could have a significant impact when analyzed together. The cumulative impact analysis provides a reasonable forecast of future environmental conditions and can more accurately gauge the effects of a series of projects.
CEQA Guidelines Section 15130 requires cumulative impact analysis in El Rs to consider either a list of planned and pending projects that may contribute to cumulative effects or a summary of projections contained in an adopted planning document such as a General Plan.
7.1 General Plan EIR Findings
Chapter 9 of the General Plan EIR discusses cumulative impacts. The geographic scope for the analysis in the General Plan EIR is explained in Section 9.2, Geographic Scope. As stated in that section, cumulative impacts of the General Plan were considered based on the type of impact being analyzed.
The General Plan EIR determined that cumulative impacts related to agricultural resources, air quality, and transportation are considered significant and unavoidable.
7.2 Addendum Analysis
Since certification of the General Plan EIR, there has been no new development proposed within the City that was not considered as part of the General Plan EIR. There are no new substantial cumulative projects in the City or adjacent jurisdictions that were not previously considered in the General Plan EIR cumulative impact analysis. The cumulative conditions in the General Plan EIR have not substantially changed; therefore, the cumulative setting in the General Plan EIR remains the same for the purposes of this analysis.
The proposed project would not result in new impacts compared to the previous General Plan EIR as analyzed in this Addendum. While the project would result in the potential future development of a greater number of housing units in the City than analyzed in the General Plan EIR, the physical development area of the City would not be modified. Therefore, no new or additional cumulatively considerable contributions to a significant cumulative impact would occur as a result of the project. 7 .3 Conclusion
The proposed project would not result in new or more severe cumulatively considerable impacts than were identified in the General Plan EIR. No new or substantially more severe significant effects would occur to cumulative impacts, and no new mitigation measures are required. No substantial General Plan EIR Addendum 57
changes have occurred that require major revisions to the General Plan EIR. There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to cumulative impacts than were identified in the General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR have been met. 58
Summary of Findings
8 Summary of Findings
The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning is part of the City's General Plan, and like other elements within the General Plan, it includes goals and policies that the City should meet when it comes to the planning of housing. The Housing Element is also unique from the other elements within the General Plan because it is required to be periodically updated to align with the State's allocation of the RHNA. Also, the Housing Element includes Housing Programs that are required to be implemented within the planning period established for the Housing Element. These programs are usually implemented over time after the element is adopted.
The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning does not involve site-specific projects; therefore, the adoption of the proposed project would be consistent with the General Plan EIR certified in February 2002. The General Plan EIR analyzed full buildout of the City's General Plan. Future development facilitated by the Housing Element would be subject to applicable development standards and reviews established by City ordinances. Additionally, future development requiring discretionary review may be subject to CEQA compliance if it is not consistent with the General Plan or Housing Element.
It has been determined through this analysis that the adoption of the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not result in impacts beyond those addressed or analyzed in the General Plan EIR, nor does the proposed project present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning and no additional environmental compliance is required.
The analysis pursuant to Section 15162 demonstrates whether the lead agency can approve the activity as being within the scope of the existing certified EIR, that an addendum to the existing EIR would be appropriate, and no new environmental document, such as a new EIR, would be required.
The addendum need not be circulated for public review but can be included in or attached to the final EIR, and the decision-making body shall consider the addendum with the final EIR prior to deciding on the project.
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References
Bibliography
Summary of Findings
California Department of Conservation. 2024. California Important Farmland Finder. https://maps.conservation.ca.gov/DLRP /Cl FF/ (accessed September 2024).
California Department of Finance (DOF). 2012. E-8 Historical Population and Housing Estimates for Cities, Counties, and State, 2000-2010.
https:// dof. ca .gov/Forecasting/Demographics/Esti mates/estimates-e8-2000-2010/ (accessed September 2024).
___ . 2024. E-5 Population and Housing Estimates for Cities, Counties, and the State, 2020-2024. https :/ /dof.ca.gov /forecasting/ demographics/ estimates/e-5-population-and-housingestimates-for-cities-counties-and-the-state-2020-2024/ (accessed September 2024).
California Department of Forestry and Fire Protection (CALFIRE). 2024. Fire Hazard Severity Zones in State Responsibility Area. https://osfm.fire.ca.gov/what-we-do/community-wildfirepreparedness-and-mitigation/fire-hazard-severity-zones (accessed September 2024).
California Department of Toxic Substances Control (DTSC). 2024. Envirostor Database. https :/ /www. envi rostor .dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site _type=CSITES, FU DS&status=ACT,BKLG,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBST ANCES+SITE+LIST+%28CORTESE%29 (accessed September 2024).
California State Water Resources Control Board (SWRCB). 2024a. Geotracker Database. https:/ /geotracker.waterboards.ca.gov/search?CMD=search&case_number=&business_na me=&main_street_name=&city=&zip=&county=&SITE_TYPE=LUFT&oilfield=&STATUS=&BR ANCH=&MASTER_BASE=&Search=Search (accessed September 2024). ___ . 2024b. List of Solid Waste Sites Identified by Water Board with Waste Constituents Above Hazardous Waste Levels Outside the Waste Management Unit. https://calepa.ca.gov/wpcontent/uploads/sites/6/2016/10/SiteCleanup-Corteselist-CurrentList.pdf (accessed September 2024).
___ . 2024c. List of "active" CDO and CAO from Water Board. https://calepa.ca.gov/SiteCleanup/Corteselist/ (accessed September 2024).
Gustine, City of. 2002a. City of Gustine General Plan. Adopted February 2002. https://gustineca.municipalone.com/documentlist.aspx?categoryid=12762 (accessed September 2024).
.2002b. City of Gustine General Plan Final Program Environmental Impact Report. Certified February 2002. https:/ /www.cityofgustine.com/documentlist.aspx?categoryid=13574 (accessed September 2024).
Merced County Association of Governments (MCAG). 2022. Final Regional Housing Needs Allocation Plan: Merced County Region. Adopted November 17, 2022.
https ://www.mcagov.org/DocumentCenter /View/3863/MCAG-RHNA-Plan _Fl NAL- _11172022?bid Id= (accessed September 2024).
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9 .2 List of Preparers
Rincon Consultants, Inc. prepared this EIR Addendum under contract to the City of Gustine. Persons involved in data gathering analysis, project management, and quality control are listed below.
RINCON CONSULTANTS, INC.
Matthew Maddox, AICP, Principal
Aileen Mahoney, Senior Environmental Planner
Michael Huang, Environmental Planner
Vivian Phan, GIS Analyst
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