Laguna Hills City Council
February 10, 2026

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
3 western portion of the Project Site is located with a Moderate Fire Hazard Zone (see Figure 6 – CAL FIRE Fire Hazard Severity Zones Map).

PROJECT DESCRIPTION:

The Proposed Project consists of the demolition of the existing office building and associated surface parking lot and landscaping to construct 36 single-familyattached condominium residential units, parking, on-site roadways, and associated infrastructure at a density of 14.8 dwelling units per acre (du/ac) (see Figure 7 – Site Plan). Two units will be deed-restricted for very low-income households, while the remaining 34 units are designated as above-moderate income. The Proposed Project would be constructed on the 2.43-acre parcel located at 23161 Mill Creek Drive.

Architecture
The 36 residential units will feature two plan types – Plan 1 and Plan 2. Each plan type will feature four bedrooms and four bathrooms. 18 units will consist of Plan 1, which has a total unit area of 1,991 square feet, while the remaining 18 units will consist of Plan 2, which will have a total unit area of 2,033 square feet (see Figure 8 – Duet Floor Plans). The Proposed Project has a density of 14.8 du/ac, 64 percent maximum lot coverage, 300 feet minimum lot width, and 360 feet minimum lot depth. The Proposed Project will also build to a minimum setback of 20 feet to the front, five feet to the side (interior), 20 feet to the side street, and 7.5 feet to the rear. The Proposed Project also includes 14,500 sq. ft. of private open space in the form of balconies and private yards.

Landscaping
The Proposed Project includes a landscape coverage of 20 percent and a minimum building separation of 6.5 feet. Landscaping will be distributed throughout the Project Site in the form of large accent trees, medium accent trees, perimeter screening trees, small accent trees, shrub and groundcover, and vines and espaliers (see Figure 9 – Conceptual Landscape Plan).

Walls/Fences
The Proposed Project is designed to include a concrete masonry block wall with cap or a mechanically stabilized earth wall surrounding the Project Site, a 3-feet and 6-inch high steel cable guard rail along the western and southern Project Site boundaries, a 6-feet high split face block wall with precision cap in between each unit, and a 6-feet high tubular steel view fence along the northern and eastern Project Site boundaries. The entrance will include a 7-feet high cultured stone veneer entry wall with cap (see Figure 10 – Conceptual Wall and Fence Plan and

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
4 Figure 11 - Elevations).

Utilities
The Proposed Project includes a series of area drains and catch basins to collect street flow. The southern half of the Project Site drains out to Mill Creek Drive through a proposed parkway culvert near the proposed driveway. The north half of the Project Site drains out to Mill Creek Drive through a second proposed parkway culvert near the northeast corner of the Project Site (see Figure 12 – Conceptual Grading and Drainage Plan).

The El Toro Water District (ETWD) provided a will-serve letter for the Proposed Project stating that ETWD is willing to provide domestic water and sanitary sewer services to the Project Site. The Proposed Project includes installation of four new fire hydrants distributed throughout the Project Site. The fire hydrants would be accompanied by painted red curb with “Fire Lane – No Parking” stenciling and fire lane signs for emergency access and use.

The Proposed Project also received letters from AT&T and Charter Communications stating that there are no utility conflicts with the Project Site and that the Project Site is within the companies’ service area. Additionally, Cox Communications provided a letter stating that Cox Communications has facilities to provide broadband cable and other telecommunication services to the Project Site. SoCal Edison (SCE) provided a letter stating that the Project Site is within SCE service territory and that SCE will serve the Proposed Project’s electricity. The Proposed Project would be served by 100 percent electricity and would not utilize natural gas. CR&R provided a will-serve letter for solid waste and recycling services to the Proposed Project (Appendix A – Will Serve Letters).

Parking/Site Access
The Proposed Project is designed to provide 90 parking spaces in the forms of attached garages and uncovered parking stalls. Access to the Project Site is proposed via one full-access gated driveway along Mill Creek Drive. The existing driveway at the Project Site will be modified to include a gate entry with call box, a monument signage wall, separate entrance and exit points, and fire lane entrance signs. The driveway will be a minimum of 40 feet wide and features a gated entry and exit (see Figure 13 – Parking and Access Plan).

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
5 Requested Entitlements
The Proposed Project is subject to the approval of the following entitlements:
 Approval of Tentative Tract Map 19346
 Approval of Site Development Permit No. USE-0211-2025 Construction Activities
Construction activities would include the following:

Demolition: Demolition will require the use of one concrete/industrial saw, three excavators, and two rubber tired dozers. The total days for demolition are estimated to be 40 construction days, working 8 hours a day.

Site Preparation: Site preparation will require the use of one grader and one scraper working eight hours a day and two tractors/loaders/backhoes working seven hours a day. The total time estimated for site preparation is 10 days.

Grading: Grading the project site will require the use of one excavator, one grader, one rubber tired dozer, and four tractors, loaders, or backhoes. Total estimated time for grading the site is 110 construction days, working 8 hours a day.

Building Construction: Building construction will require the use of two forklifts, one generator set, three tractors, loaders, or backhoes, and one welder. The crane and tractors, loaders, and backhoes will be operated for 7 hours a day, while the forklifts, generator set, and welder will be operated for 8 hours a day. Building construction of the 36 units is the longest part of the construction process, estimated at a time frame of 380 construction days.

Paving: The paving process will require the use of two cement and mortar mixers, one paver, two paving equipment, two vibratory rollers, and one tractor, loader, or backhoe. Cement and mortar mixers, paving equipment, and rollers will be used for 6 hours a day. The paver and tractor, loader, or backhoe will be used for 8 hours a day. The total days for paving are estimated to be 40 construction days.

Architectural Coating: The architectural coating will require one air compressor for 6 hours a day for 43 construction days.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
6 Standard Regulatory Requirements
The Applicant is also required to follow all existing regulations during construction.

These include but are not limited to the following:

South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust Control). Rule 403 requires the implementation of best available dust control measures during active operations capable of generating fugitive dust. The Project will follow the SCAQMD rules and requirements for fugitive dust control, which include, but are not limited to the following:

• Pre-water active grading or trenching areas.
• Water all active construction areas as frequently as needed (at least twice daily) to prevent visible dust plumes from extending more than 100 feet. • Maintain a stabilized surface or apply dust suppressants to inactive areas, disturbed surfaces, staging areas, haul routes, and unpaved roads. • Limit on-site vehicle speeds to 15 miles per hour (mph) on unpaved areas. • Maintain all haul trucks with covered loads and > 6 inches of freeboard (CVC §23114).
• Stabilize stockpiles with water or covers and restrict height if near occupied structures.
• Use a gravel pad at egress points (minimum 30' x 50', 1" washed gravel, 6" depth), alternatively a wheel shaker or wheel washing station. • Remove track-out extending ≥ 25 feet onto public roadways immediately and clean daily.
• Suspend dust-generating activities and implement contingency measures during high wind events (gusts > 25 mph).
• Re-vegetate or stabilize disturbed areas within 21 days of inactivity. • Limit construction vehicle traffic to designated haul routes only.

SCAQMD Rule 1113 and 1143. Rule 1113 governs the sale, use, and manufacturing of architectural coating and limits the VOC content in paints and paint solvents.

This rule regulates the VOC content of paints available during construction.

Therefore, all paints and solvents used during construction and operation of project must comply with Rule 1113. Rule 1143 governs the manufacture, sale, and use of paint thinners and solvents used in thinning of coating materials, cleaning of coating application equipment, and other solvent cleaning operations by limiting their VOC content. This rule regulates the VOC content of solvents used during construction. Solvents used during the construction phase must comply with this rule. The Project will utilize low-VOC or zero-VOC paints, coatings, and solvents consistent with the requirements of SCAQMD Rules 1113 and 1143.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
7 California Air Resources Board, California Code of Regulations (CCR) Title 13 Section 2480 and 2485. 13 CCR 2480 & 2485 limit diesel engine idling for commercial vehicles, especially near schools, to reduce toxic diesel exhaust, setting a fiveminute maximum idling limit in most locations, with specific rules for school buses (2480) and broader commercial vehicles (2485). All construction vehicles will be prohibited from excessive idling. Excessive idling is defined as five (5) minutes or longer.

California Energy Code, CCR Title 24, Part 6 and California Green Building Code (CALGreen) CCR Title 24, Part 11. The California Green Building Standards Code— Part 11, Title 24, California Code of Regulations—known as CALGreen, is the first-inthe-nation mandatory green building standards code. In 2007, CBSC developed green building standards in an effort to meet the goals of California’s landmark initiative Assembly Bill (AB) 32, which established a comprehensive program of cost-effective reductions of greenhouse gases (GHG) to 1990 levels. The Proposed Project would comply with the mandatory requirements of the California Building Standards Code, Title 24, Part 6 (Energy Code) and Part 11 (CALGreen), including, but not limited to:
• Install low flow fixtures and toilets, water efficient irrigation systems, drought tolerant/native landscaping, and reduce the amount of turf. • Provide the necessary infrastructure to support electric vehicle charging. • Provide solar installations/solar readiness zones per the prescribed Energy Design Ratings.

California Building Code, CCR Title 24, Part 2, Volume 1, Section 1206. CCR Title 24 establishes acoustic regulations for both exterior-to-interior sound insultation and sound impact isolation. Title 24 regulations state that interior noise levels shall not exceed 45 dBA CNEL, with windows closed, in any habitable room for general residential uses. The Proposed Project would incorporate building construction techniques and insulation that is consistent with Title 24 Building Standards to achieve the minimum interior noise standard of 45 dBA CNEL for all residential units.

Incorporated building construction techniques from Title 24 that are required to meet the 45 dBA CNEL include the windows closed condition for all residential units facing adjacent roadways and all exterior windows, doors, and sliding glass doors will have a positive seal and leaks/cracks must be kept to a minimum. Attic vents and openings are required to be oriented away from the adjacent roadway.

California Department of Resources Recycling and Recovery (CalRecycle) Senate Bill (SB) 1383. SB 1383 is a landfill waste reduction mandate that aims to reduce

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
8 organics waste landfill disposal by 75 percent by 2025. All residences and businesses are required to separate and recycle organic materials by participating in local waste management recycling and composting programs.

California Department of Industrial Relations and California Division of Occupational Safety and Health (Cal/OSHA), CCR Title 8. Construction employers must comply with Cal/OSHA regulations found in CCR Title 8, which requires construction equipment to be maintained in proper tune. 2020 US Code Title 16, Sections 703-712 (Migratory Bird Treaty Act (MBTA) Compliance). The MBTA of 1918 (16 U.S.C. 703-712) protects individuals as well as any part, nest, or eggs of any bird listed as migratory. In practice, federal permits issued for activities that potentially impact migratory birds typically have conditions which require pre-disturbance surveys for nesting birds. In the event nesting is observed, a buffer area with a specified radius must be established, within which no disturbance or intrusion is allowed until the young have fledged and left the nest, or it has been determined that the nest has failed. If not otherwise specified in the permit, the size of the buffer area varies with species and local circumstances (e.g., busy roads, intervening topography, etc.) and is based on the professional judgement of a monitoring biologist. A list of migratory bird species protected under the MBTA is published by USFWS.

State of California Fish and Wildlife Code Section 3500. Section 3503.5 of the California Fish and Wildlife Code states that it is “unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.” Activities that result in the abandonment of an active bird of prey nest may also be considered in violation of this code. In addition, California Fish and Wildlife Code, Section 3511 prohibits the taking of any bird listed as fully protected, and California Fish and Wildlife Code, Section 3515 states that it is unlawful to take any non-game migratory bird protected under the MBTA.

California Migratory Bird Protection Act (MBPA). The MBPA was enacted in September 2019 to reinforce the MBTA at the state level. The MBTA states that “it is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.), or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act.”

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
9 City of Laguna Hills Municipal Code Chapter 5-24 Noise Control. The Proposed Project shall comply with the City of Laguna Hills Municipal Code requirements. No construction will occur between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, 8:00 p.m. and 8:00 a.m. on Saturday, or at any time on Sunday or a federal holiday.

Furthermore, all outdoor HVAC/condenser equipment shall be shielded from the line of sight of the adjacent sensitive receptors behind noise barrier walls or enclosures.

City of Laguna Hills Tree Preservation Ordinance (Policy No. 315). The City of Laguna Hills has established the “Laguna Hills Municipal Code Tree Preservation Policy,” which was last revised in May 2014. Under this ordinance, no person, other than the City, is authorized to trim, damage, or remove public (City-owned) trees without an appropriate permit. Upon request, and for the criteria described below, public trees will be inspected and authorized for removal:
o The tree is deemed hazardous, diseased, and/or declining. o The tree is damaging the sidewalk, curb, or gutter, and is not receptive to preventative root pruning.
o The tree and/or its roots are a threat to private property. o Trees in conflict with overhead utility lines.

A resident requesting removal of a street tree, that has been justified for removal by the City, will be requested to donate and plant another tree in its place. The size, species type, and location will be specified by the Director of Public Services or their designee. If the resident will not replace the tree, the City will do so provided the tree is determined by the Director of Public Services to enhance the tree preservation goals. A list of replacement tree species is detailed in the ordinance. Any person identified as having removed or trimmed a tree, so as to cause damage to the tree, will be responsible for the full cost of replacement of the tree.

California Administrative Code, Title 14, Section 4308 (14 CCR § 4308) (Accommodation for Unanticipated Cultural/Paleontological Resources). In compliance with the California Code of Regulations, during ground disturbance or any other construction activity, no person shall remove, injure, deface, or destroy any object of archaeological, or historical interest or value.

California Health and Safety Code, and Public Resources Code (Human Remains).

In the event that human remains are discovered, there shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. These code provisions require notification

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
10 of the County Coroner and the Native American Heritage Commission, who in turn must notify those persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains. Excavation or disturbance may continue in other areas of the Project site that are not reasonably suspected to overlie adjacent remains or archaeological resources.

National Pollution Discharge Elimination System (NPDES). Because the site is greater than one acre, the applicant is required by the Santa Ana Regional Water Quality Control Board to prepare a Stormwater Pollution Prevention Plan (SWPPP) to address water quality and runoff during construction to comply with the State of California General Construction Permit. The SWPPP will outline the source control and/or treatment control Best Management Practices (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 grading and construction. The Project shall comply with each of the recommendations detailed in the Plan, and other such measure(s) as the City deems necessary to mitigate potential stormwater runoff impacts.

CEQA Class 32 Exemption
23161 Mill Creek Drive
Toll Brothers
Figure 1: Regional Vicinity
Source: Orange County Public Works – Land Records GIS Map Project Site

CEQA Class 32 Exemption
23161 Mill Creek Drive
Toll Brothers
Figure 2: Site Location – Aerial View
Source: Orange County Public Works – Land Records GIS Map

CEQA Class 32 Exemption
23161 Mill Creek Drive
Toll Brothers
Figure 3: General Plan Land Use Designation
Source: City of Laguna Hills General Plan Land Use Map

Project Site

CEQA Class 32 Exemption
23161 Mill Creek Drive
Toll Brothers
Figure 4: Zoning District
Source: City of Laguna Hills Zoning Districts Map

Project Site

CEQA Class 32 Exemption
23161 Mill Creek Drive
Toll Brothers
Figure 5: FEMA Flood Plan Map
Source: FEMA Flood Map Service Center

CEQA Class 32 Exemption
23161 Mill Creek Drive
Toll Brothers
Figure 6: CAL FIRE Fire Hazard Severity Zones Map
Source: CAL FIRE LRA and SRA Map Viewer

Project Site

CEQA Class 32 Exemption
23161 Mill Creek Drive
Toll Brothers
Figure 7: Site Plan
Source: Wilson Mikami Corporation

CEQA Class 32 Exemption
23161 Mill Creek Drive
Toll Brothers
Figure 8: Duet Floor Plans
Source: Wilson Mikami Corporation

CEQA Class 32 Exemption
23161 Mill Creek Drive
Toll Brothers
Figure 9: Conceptual Landscape Plans
Source: Wilson Mikami Corporation

CEQA Class 32 Exemption
23161 Mill Creek Drive
Toll Brothers
Figure 10: Conceptual Wall and Fence Plan
Source: C2 Collaborative

CEQA Class 32 Exemption
23161 Mill Creek Drive
Toll Brothers
Figure 11: Elevations
Source: Woodley Architectural Group, Inc.

CEQA Class 32 Exemption
23161 Mill Creek Drive
Toll Brothers
Figure 12: Conceptual Grading and Drainage Plan
Source: Wilson Mikami Corporation

CEQA Class 32 Exemption
23161 Mill Creek Drive
Toll Brothers
Figure 13: Parking and Access Plan
Source: Wilson Mikami Corporation

CEQA Class 32 Exemption
23161 Mill Creek Drive
Toll Brothers
Figure 14: Fire Access Exhibit
Source: Planning Safe Fire Inc.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
12 REQUIREMENTS TO QUALIFY FOR THE CLASS 32 EXEMPTION (14 CCR 15332):

Section 15332 of CEQA Guidelines states that “Class 32 consists of projects characterized as in-fill development meeting the conditions” described below:
a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. c. The project site has no value as habitat for endangered, rare, or threatened species.
d. Approval of the project would not result in significant effects relating to traffic, noise, air quality, or water quality.
e. The site can be adequately served by all required utilities and public services.

The following analysis discusses the Proposed Project in relation to each condition as listed in CEQA Guidelines Section 15332:

1. Is the project consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations?
General Plan:

The Project Site has a LHGP land use designation of Mixed Use, which “provides for areas where a variety of goods and services can be obtained within an overall planned environment” (LHGP, pg. LU-12). The Mixed Use designation allows for attached single-family dwellings with a Site Development Permit and a maximum residential density of 20 dwelling units per acre (du/ac). The Project proposes a total of 36 units at a density of 14.8 du/ac. Table 1 below demonstrates the Proposed Project’s consistency with the applicable General Plan policies. The Proposed Project is consistent with the existing Mixed Use LHGP land use designation and zoning district.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
13 Table 1 – Project Consistency with Laguna Hills General Plan Applicable General Plan Goal/Policy Project Consistency Goal LU-2: Ensure development is compatible and interdependent with neighboring uses.

Policy LU-2.2: Improve connections with
surrounding uses by enhancing
landscaping, providing pedestrian
connections, incorporating green
areas, and planting street trees.

The Proposed Project includes enhanced
landscaping with green space, accent trees,
perimeter screening trees, shrub and
groundcover, and vines and espaliers. The
Proposed Project also includes enhanced
concrete pavement to connect to the existing
sidewalk connections on Mill Creek Drive.

Goal LU-3: Encourage infill development that involves revitalization of property in an economically and environmentally sustainable manner.

Policy LU-3.2: Encourage new
development that uses land efficiently
and offers flexibility to changing
resident and shopping needs,
contributing to the long-term vitality of
the community.

The Proposed Project adds housing to
accommodate resident and housing needs within
the City. The Proposed Project would provide
additional housing opportunities, including
affordable housing, to the City. The Proposed
Project proposes to transform the existing site to
build 36 residential units to replace the existing
commercial office building and surface parking
lot. The existing office building’s footprint
comprises approximately 13 percent of the total
site acreage, while the Proposed Project has a
maximum lot coverage of 64 percent. The
addition of 36 units, including two affordable units,
would provide additional housing to the City’s
housing stock to address housing needs and the
City’s Regional Housing Needs Allocation
obligation.

Policy LU-3.13: Use landscaping and
urban design techniques to break up
large parking areas and long
monotonous walls in new development
and redevelopment projects.

The Proposed Project utilizes a variety of
landscaping and walls/fences to encourage
attractive elevations of the Proposed Project from
all directions as shown in Figures 9 through 11.

Goal LU-4: Place a high priority on design, architecture, and landscaping that reflect the community’s identity and gracious lifestyle.

Policy LU-4.5: Continue to plant and
maintain attractive drought-tolerant
and native landscaping that enhances
the character of Laguna Hills.

The Proposed Project will utilize drought- tolerant
and native landscaping throughout the Proposed
Project site in the forms of trees, shrub and
groundcover, and vines and
espaliers.

Goal COS-3: Make meaningful choices to improve local and regional air quality and address climate change.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
14 Policy COS-3.1: Continue to preserve
important native trees and plant new
low water use landscaping and trees.

The Proposed Project will install native trees and
low water use landscaping. There are no
protected public trees on the Project Site.

Goal S-1: Reduce the risk of injury and the loss of life and property from seismic activity and geologic conditions.

Policy S-1.2: Apply current and proper
land use planning, development
engineering, building construction, and
retrofitting requirements.

The Proposed Project will adhere to the latest
building codes, as amended in Chapter 10.28 of
the LMHC, adopted by the City. Under Density
Bonus Law, the Proposed Project seeks to obtain
waivers of development standards that physically
preclude the development of the Proposed
Project. As described below and in the Density
Bonus Request Letter included in the Project’s
application, the site can accommodate the
Project with these waivers without any adverse
impacts to health or safety.

Goal S-6: Reduce injuries and danger to life, property, damage, and public health hazards associated with flooding.

Policy S-6.2: Require that new
development and redevelopment
minimize stormwater and urban runoff
into drainage facilities by incorporating
on-site design features, such as
detention basins, water features, or
other suitable strategies. Where
feasible, support the use of common
detention facilities serving more than
one development.

The Proposed Project would also adhere to the
County’s Drainage Area Management Plan
(DAMP). The Proposed Project includes
stormwater facilities, including catch basins and
storm drain lines. The drainage from the
Proposed Project would be collected by a series
of area drains and catch basins to collect street
flow. The southern half of the site would drain out
to Mill Creek through a proposed parkway
culvert near the proposed driveway. The
northern half of the site would drain out to Mill
Creek Drive through a second proposed
parkway culvert near the northeast corner of
the site. The flow would continue down Mill
Creek to an existing storm drain system tributary
to the San Diego Creek Channel, which would
ultimately drain to Upper Newport Bay.

Stormwater would be collected by a series of
PVC pipes discharging to a proposed biotreatment BMP and then through a parkway culvert onto Mill Creek. The Proposed Project
would use LID Treatment BMPs to reduce the
post development impacts, including infiltration,
harvest and use, evapotranspiration, or
biotreat/biofilter, the 85th percentile of a 24 hour
storm event.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
15 Policy S-6.4: Continue to implement
National Pollutant Discharge
Elimination System (NPDES) stormwater
permits issued by the state and
regional water quality control boards.

The Proposed Project will adhere to applicable
NPDES and state/regional water quality control
board regulations as well as LHMC Chapter 5.36
– Water Quality Control.

Goal H-2: Facilitate the development of a range of housing types, densities, and affordability levels to meet the diverse needs of the community for all economic levels and age groups and special needs groups, such as large families, female-headed households, the disabled, seniors, and the homeless.

Policy H-2.1: Provide opportunities for
higher density residential, mixed use
residential/commercial development,
and transit-oriented development in
appropriate areas of the City.

According to the LHGP, mixed use refers to the
mixing of compatible land uses, such as
residential, commercial, and office in a vertical
and/or horizontal configuration. The Mixed Use
designation allows a variety of office, public,
light industrial, residential, and commercial
establishments. Construction of the Proposed
Project would support mixed use residential
development and will provide affordable units,
and aid the City in meeting its RHNA obligation.

Policy H-2.6: Coordinate with the
private sector in the development of
affordable and special needs, rental,
and ownership housing.

The Proposed Project includes two units deedrestricted as affordable for very low- income households.

Goal H-4: Plan for and monitor the long-term affordability of sound, quality housing.

Policy H-4.1: Enforce and enhance the
housing monitoring system to ensure
compliance with funding program
As a condition of approval, the applicant is
required to enter an affordable housing
regulatory agreement which will require the
affordable units to be sold and occupied by
qualified income households. Upon resale of the
affordable units the seller and future buyers
would need to comply with the provisions of
California Density Bonus Law. This agreement
would assist the City in monitoring affordable
housing.

Zoning:

When the Density Bonus Law requires a City to waive development standards (such as height limits, setbacks, or floor area ratios), those waived standards are not “applicable” for purposes of the Class 32 infill exemption. (Wollmer v. City of Berkeley (2011) 193 Cal.App.4th 1329, 1349.) The Proposed Project would comply with the MXU standards, as applicable, with the exception of the waivers requested under Density Bonus Law.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
16 The Proposed Project proposes to deed- restrict two units as affordable for very lowincome households (5.5% of the total project). Because the Proposed Project is eligible under Density Bonus Law, the Applicant seeks several waivers of development standards that physically preclude development of the Proposed Project, as well as a concession to provide for cost reductions in order to accommodate the affordable units. This allows for flexibility to develop the housing project at the Project Site. The waiver requests include reduction in setbacks and removal of requirements, such as façade composition, massing, and private open space as shown below in Table 2.

Table 2 – LHMC Development Standard and Requested Waiver/Concession 23161 Mill Creek Waiver List
Citation Description Waiver Request
LHMC Section 9-30.040
– Rear Setback
15-foot rear seatback Reduction in setback to

8.5-foot rear setback
LHMC Section 9-30.040
– Building Separation
Minimum building separation
of 10 feet
Reduction of building
separation to 6.5 feet
LHMC Section 9-30.040
– Private Open Space
10 percent minimum private
open space. A minimum of 100
sq. ft. of private open space
shall be provided for each
ground floor unit. A minimum of
40 percent of the residential
units above the ground floor
shall include a minimum of 50
sq. ft. of private open space
(balcony, terrace, or rooftop).

Reduce requirement to 9
percent
LHMC Section 9-30.040
– Building Height
35 feet maximum building
height
Increase to 38 feet
LHMC Section 9-40.100
– Fences walls and
hedges
“Perimeter tract walls which
are adjacent to a public street
shall have articulated planes
by providing, at a minimum for
every 100 feet of continuous
wall, an 18 inch deep by eightfoot-long landscaped
recession. Walls should be
constructed with pilasters
provided at every change in
direction, every five feet
difference in elevation, and at
a minimum of every 25 feet of
continuous wall.

Waive Requirement

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
17 Fences, walls, and hedges
within the front yard setback
shall not exceed 42 inches in
height. The height of retaining
walls in the front yard shall be
less than 30 inches in height.

The total wall height, including
the retaining wall, shall not be
greater than 42 inches.”
ODS Section 2.2.2 –
Pedestrian
Connections
Primary entrances in buildings
must be connected to a public
sideway or pathway at least
four feet wide for entrances
serving one-to-two units.

Waive Requirement
ODS Section 2.3.1 –
Active Frontage
Requires a minimum of 70
percent of the building
frontage facing the publicly
accessible pathway to be
ground floor residential uses.

The majority of the building
frontages are currently
proposed as garages and
would not meet this
requirement.

Reduce to 16 percent with
porches applied as a
residential use
ODS Section 2.3.1.2 –
Ground Floor to Floor
Height
Ground floor shall have a
minimum floor-to-floor height of
12 feet.

Reduce to 10 feet
ODS Section 2.7.1.1 –
Short Term Bicycle
Parking
Short-term bicycle parking shall
be provided at a rate of one
space per 10 dwelling units
Waive Requirement
ODS Section 2.7.1.2 –
Long Term Bicycle
Parking
At least one long-term bicycle
storage space is required for
each unit. 36 required.

Waive Requirement
ODS Section 2.8.1 –
Pedestrian Pathways
“All on-site buildings, entries,
facilities, and vehicular and
bicycle parking areas shall be
internally connected with a
minimum of four feet wide
pedestrian pathway or
pathway network.

At least two amenities that
include trellises and/or
benches shall be provided on
any pedestrian path longer
Waive Requirement

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
18 than 200”
ODS Section 3.1 –
Massing
Buildings shall employ the
specified massing strategies of
modulation, roof form, or
projections
Waive requirement for
three sides.

ODS Section 3.2.1 –
Step backs
Buildings above two stories or
35 feet are required to have a
minimum of 30 percent of the
frontage stepped back at a
minimum of 10 feet.

Waive Requirement
ODS Section 3.4.2 –
End Units
ODS Section 3.4.2 requires all
end units to have at least 10
percent fenestration area. End
units that face the street shall
also have at least on
architectural projection that is
a minimum of 18 inches.

Waive requirement,
except for Units 1, 14, and
36 ODS Section 3.5.1 –
Window Alignment
Windows in opposing units,
facing each other and located
within 40 feet of each other,
shall be offset by a minimum of
20 feet.

Waive Requirement
ODS Section 3.9.1 –
Entrance Types
“Primary building entrances for
all residential buildings shall
face a public sidewalk or
publicly accessibly pathway. In
a porch entrance type, the
porch shall be eight feet
minimum and 18 inches above
sidewalk.

Reduce width to four feet
and waive level above
sidewalk
ODS Section 3.9.3 –
Parking and Access
The garage door is required to
be located a minimum of one
foot behind the primary
façade.

Waive Requirement
ODS Section 4.3.2 –
Roofs, Required
Elements
Overhanging eaves (minimum
24 feet on elevation that faces
a public street) with exposed
rafter tails or beams are a
required element and are
missing from the architectural
style.

Waive Requirement
ODS Section 5.3.1.3 –
Walls and Fences,
Visual Interests

1. Perimeter walls shall
incorporate multiple
textures, staggered
Waive Requirement

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
19 setbacks, and variations
in height.

2. Perimeter walls shall
incorporate columns or
pilasters to provide
relief. The maximum
unbroken length of a
perimeter wall shall be
50 feet. The perimeter
walls do not meet these
requirements.

OCPW Std 1107 –
Guard Gate Setback
from ROW
Guard gate: 100 feet minimum
stacking distance
Reduce to 91 feet
OCPW Std 1107 –
Location of Call box
Guard gate: the call box
location should be after the
turn-around
Have the turn around
before the call box.

OCPW Std 1107 –
Street Width
Local street: 40 feet minimum
curb to curb with eight feet
sidewalk + parkway both sides
Reduce to 26 inches and
waive sidewalk
requirement
23161 Mill Creek Concession
Citation Description Waiver Request
ODS Section 4.3.3
Walls and Windows
Casement or double-hung
sash with flat or arched lintels
and windows shall be recessed
two to 12 inches from outer
wall are required elements and
are missing from the
architectural style. Additionally,
one of the following optional
elements shall be
incorporated: pedimented or
framed windows, paired
decorative wood shutters,
stepped windows at internal
staircases, or balconettes.

Remove requirement
23161 Mill Creek Clarifications
Citation Description Clarification Proposed Design
ODS Section

4.3.5 –
Decorative
Accents
and Details
Requires at least six of
the following
elements to be
incorporated into the
design: window
City
confirmed
that the
project as
depicted on

1. Rafter extensions – Corbels
shown on the front
elevation to meet this
requirement.

2. Balconies

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
20 grilles, recessed
doorways, rafter
extensions, balconies,
wrought iron light
fixtures, courtyards,
wood finish doors,
stucco/stone finished
chimneys, awnings,
overhangs, wrought
iron railing, or arcade
at entry.
the plans
adhere to 6
elements.

3. Wrought iron light fixtures –
Dark finish metal meet this
requirement.

4. Wood finish doors – wood
looking doors and not
actual wood doors are
proposed on this project.

5. Recessed doorways

6. Wrought iron railing – dark
finish metal meet this
requirement

2. Is the proposed development located within the city limits on a project site of no more than five acres substantially surrounded by urban uses? The Project Site is located within City limits on a 2.43-acre parcel. The Project Site is surrounded by urban uses: office buildings and associated surface parking lots to the north and south, Mill Creek Drive to the east, and landscaping and multi-family residential to the west.

3. Does the project site have value as habitat for endangered, rare, or threatened species?
The Project Site is located within a developed urban setting with an existing commercial office building and associated surface parking, pavement, and driveways onsite. The Project Site is located within the County of Orange Central and Coastal Regional Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP), but the City is not a participating entity of the NCCP/HCP, and is not subject to the policies within those plans. The Biological Resources Report dated January 2026, by South Environmental, (Appendix B) finds that the Proposed Project would be constructed entirely on Developed/Ornamental Landscaped cover type, which is not a sensitive natural community. The Project Site is within an area that is already developed and does not support special-status species.

Additionally, no special-status plants or animal species were observed on the Project Site. Further, the Proposed Project would adhere to all applicable regulatory requirements. Existing shrubs or trees would be removed in accordance with the Migratory Bird Act and the California Fish and Game Code. Therefore, the Project Site has no value as habitat for endangered, rare, or threatened species.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
21 4. Would approval of the project result in any significant effects relating to traffic, noise, air quality, or water quality?
Traffic:
a. Would the project conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities?
The LHGP Mobility Element discusses the City’s circulation system, including transit, roadway, bicycle, and pedestrian facilities. The Mobility Element establishes goals and policies that guide the City’s mobility system, including streets, transit facilities, and the recreational trails system.

Transit Facilities
According to the Mobility Element, public bus service in the City is provided by the Orange County Transportation Authority (OCTA). OCTA’s System Map1 shows that the closest transit line to the Project Site is Route 90 along Moulton Parkway and Irvine Center Drive. The Proposed Project would continue to be served by the existing transit system. The population growth associated with the Proposed Project could increase the demand for public transit services. The Proposed Project does not propose any features that would obstruct local transit routes. There are no transit routes directly adjacent to the Project Site. The Proposed Project would not conflict with a program, plan, ordinance, or policy addressing the transit system.

Roadway Facilities
Access to the Project Site is proposed via one full-access gated driveway along Mill Creek Drive. According to the LHGP Mobility Element, Mill Creek Drive is classified as a local street. The Project does not propose any modifications to Mill Creek Drive.

The existing driveway at the Project Site would be modified to include a gate entry with call box, a monument signage wall, separate entrance and exit points, and fire lane entrance signs. The driveway would be a minimum of 40 feet wide and features a gated entry and exit.

Bicycle Facilities
There are no bicycle facilities adjacent to the Project Site. The Mobility Element does not identify Mill Creek Drive as a bikeway. The nearest bikeway is Lake Forest Drive, 1 OCTA System Map, System Map - Orange County Transportation Authority, accessed January 4, 2026.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
22 which is classified as a Class 1 Bikeway. The Project does not propose modifications to any bicycle facilities. Residents of the Proposed Project could incrementally increase the use of bicycle facilities within the City. The Proposed Project would not conflict with a program, plan, ordinance, or policy addressing bicycle facilities.

Pedestrian Facilities
Sidewalks are currently provided along Mill Creek Drive, adjacent to the Project Site. The Proposed Project would modify the existing driveway onsite and provide landscaping at the driveway entrance to connect to the existing sidewalk. The Proposed Project would not conflict with a program, plan, ordinance, or policy addressing pedestrian facilities.

Based on the analysis above, the Proposed Project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities.
b. Would the project conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)?
CEQA Guidelines Section 15064.3 states that transportation impacts of projects are, in general, best measured by evaluating the Proposed Project’s VMT. Automobile delay (LOS) will no longer be considered on an environmental impact under CEQA.

The City’s VMT Analysis Guidelines establishes the methodology and thresholds of significance for analyzing transportation impacts pursuant to the latest requirements of CEQA regarding VMT.

Per the City’s VMT Analysis Guidelines, projects located in areas with low VMT, and that incorporate similar features (i.e., density, mix of uses, transit accessibility), will tend to exhibit similarly low VMT. If a project is located in a Traffic Analysis Zone (TAZ) with VMT per capita or VMT per employee that is less than or equal to the citywide average, than the project is considered to be in a low VMT area. According to the Project Trip Generation and VMT Screening Analysis and Gate Queuing Study (Traffic Study), dated January 8, 2026, by RK Engineering Group, Inc. (Appendix C), the Project Site is located within Orange County Transportation Analysis Model (OCTAM) TAZ 1504, which has a VMT/service population of 12.9. This is less than the City’s VMT Threshold of Significance of 16.1 VMT/Service Population. Because the Project Site’s TAZ VMT does not exceed the citywide average VMT/capita, the Proposed Project satisfies the City’s VMT Screening Type 4 – Low VMT Area Screening and can be presumed to have a less than significant impact on VMT. Per the City VMT guidelines, projects that generate less than 500 net average daily trips (ADT) would not cause a substantial increase in the total citywide or regional VMT and

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
23 are therefore presumed to have a less than significant impact on VMT. Therefore, with 259 average daily trips, the Proposed Project also satisfies VMT Screening Type 5 – Net Daily Trips Less Than 500 ADT. Therefore, the Proposed Project would not conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b). c. Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
The Proposed Project does not involve any features that would increase traffic hazards due to geometric design or incompatible uses. There are no off-site roadway improvements that could substantially increase hazards due to a geometric design feature. Access to the Project Site is proposed via one full-access gated driveway along Mill Creek Drive. The existing driveway at the Project Site will be modified to include a gate entry with call box, a monument signage wall, separate entrance and exit points, and fire lane entrance signs. The driveway will be a minimum of 40 feet wide and features a gated entry and exit. Modifications to the driveway would match and connect to the adjacent sidewalks.

The Traffic Study included a queuing analysis at the proposed gated access driveway. The purpose of the queuing analysis is to determine whether adequate storage capacity is provided to allow vehicles to enter the Project Site without causing vehicles to spill back onto Mill Creek Drive. The width of the access driveway lanes is approximately 21.5 feet at the start of the median and expands to approximately 30 feet with an area for vehicles to bypass the visitor lane. This is designed in accordance with Orange County Standard Plan 110. Assuming an average car length of 19 feet (i.e. 22 feet of total spacing per vehicle), the access driveway is expected to accommodate approximately four vehicles within the resident lane, and approximately two vehicles within the visitor lane without spilling onto Mill Creek Drive. The 95th percentile vehicular queue for the proposed driveway is forecasted to be approximately two vehicles during peak hour for both the residential and visitor lane. The proposed driveway provides space that can accommodate four vehicles (resident) and two vehicles (visitor). As such, vehicles are not expected to spill back onto Mill Creek Drive. Proposed improvements, including the driveway modifications, would be reviewed and approved by the City.

d. Would the project result in inadequate emergency access? The Proposed Project is required to comply with the City’s development review process including review by OCFA for compliance with all applicable fire code

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
24 requirements for construction and access to the Project Site.

During construction, it is not anticipated that any lane closures would be required.

Should any land closures be required, they would be coordinated with the City according to the City’s traffic control plan guidelines. The driveways within the Project Site would accommodate emergency ingress and egress by fire trucks, police units, and ambulance/paramedic vehicles. As shown in Figure 14 – Fire Access Exhibit, the Proposed Project includes several fire lane entry and fire lane “no parking” signs located at the driveway entrance to ensure space for adequate access in the event of an emergency. Fire hydrants would be located throughout the Project Site with fire lane painted red curbs. On-site hydrants will be public, not private, and all units will be protected by an NFPA 13-D sprinkler system. Each hydrant location allows for a 300 feet maximum hose pull distance to the furthest point of a unit. By complying with OCFA’s review process and applicable fire code requirements, the Proposed Project would not result in inadequate emergency access.

Noise:

A Noise Impact Study dated January 8, 2026, by RK Engineering Group, Inc. (Appendix D) was prepared for the Proposed Project to analyze the Proposed Project’s potential noise impacts. As discussed below, approval of the Proposed Project would not result in any significant effects relating to noise. For the purposes of this analysis, the existing baseline conditions that are compared to the proposed conditions (with the Project) are the City’s existing thresholds set for the Project Site.

It is assumed that the existing office use does not consistently exceed the City’s set noise thresholds.
a. Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Construction Noise – As shown in Tables 3 and 4 below, the worst-case construction noise level for residential receptors would be 78 dBA Leq, which does not exceed the Federal Transit Administration (FTA) Daytime General Assessment Construction Noise Criteria of 80 dBA Leq for residential receptors. The worst-case construction noise level for commercial receptors would be 82 dBA Leq, which does not exceed the FTA Daytime General Assessment Construction Noise Criteria of 85 dBA Leq for commercial receptors. As a result, construction noise impacts would be less than significant. The Proposed Project’s construction noise analysis does not take into

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
25 consideration the existing operations of the office building as the Proposed Project’s construction assumes demolition of the existing office building and its associated improvements. In comparison to baseline conditions of no construction at the existing site to a proposed temporary condition of construction activities, the Proposed Project would increase temporary noise. However, construction noise impacts fall below significance thresholds. The Proposed Project would not result in generation of a substantial temporary or permanent increase in ambient noise levels during construction.

Table 3 – Project Construction Noise Levels – Residential Receptors Phase Equipment Quantity
Equipment
Noise Level at
215 feet (dBA
Leq)
Combined
Noise Level
(dBA Leq)
Demolition Concrete/Industrial Saws 1 76.9 78.0 Tractors/Loaders/Backhoes 1 71.3 Site
Preparation
Graders 1 72.3 74.9 Tractors/Loaders/Backhoes 1 71.3
Grading Graders 1 72.3 74.9 Tractors/Loaders/Backhoes 1 71.3 Building
Construction
Cranes 1 67.9 73.0 Tractors/Loaders/Backhoes 1 71.3
Paving Rollers 1 67.3 72.8 Tractors/Loaders/Backhoes 1 71.3 Architectural
Coating Air Compressors 1 65.0 65.0
Worst Case Construction Phase Noise Level (dBA Leq) 78.0 FTA Daytime General Assessment Construction Noise Criteria (dBA Leq)1 80.0 Noise Level Exceeds Criteria? No
Source: Noise Impact Study, January 22, 2026, RK Engineering Group, Inc.

1. Source: Federal Transit Administration (FTA). Transit Noise and Vibration Impact Assessment Manual, Section 7: Noise and Vibration During Construction.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
26 Table 4 – Project Construction Noise Levels – Commercial Receptors Phase Equipment Quantity
Equipment
Noise Level at
135 feet (dBA
Leq)
Combined
Noise Level
(dBA Leq)
Demolition Concrete/Industrial Saws 1 81.0 82.0 Tractors/Loaders/Backhoes 1 75.4 Site
Preparation
Graders 1 76.4 78.9 Tractors/Loaders/Backhoes 1 75.4
Grading Graders 1 76.4 78.9 Tractors/Loaders/Backhoes 1 75.4 Building
Construction
Cranes 1 72.0 77.0 Tractors/Loaders/Backhoes 1 75.4
Paving Rollers 1 71.4 76.8 Tractors/Loaders/Backhoes 1 75.4 Architectural
Coating Air Compressors 1 69.1 69.1
Worst Case Construction Phase Noise Level (dBA Leq) 82.0 FTA Daytime General Assessment Construction Noise Criteria (dBA Leq)1 85.0 Noise Level Exceeds Criteria? No
Source: Noise Impact Study, January 22, 2026, RK Engineering Group, Inc.

1. Source: Federal Transit Administration (FTA). Transit Noise and Vibration Impact Assessment Manual, Section 7: Noise and Vibration During Construction.

Additionally, per the LHMC, noise sources associated with construction, repair, remodeling, or grading of any real property shall be exempted from the provisions of Chapter 5-24, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, 8:00 p.m. and 8:00 a.m. on Saturday, or at any time on Sunday or a federal holiday. Therefore, potential noise and vibration impacts associated with construction would be less than significant.

Operational Noise
Stationary Noise – The main source of potential on-site noise would be HVAC equipment. These types of on-site stationary noises would not typically be categorized as loud, unnecessary, or unusual noise that disturbs the peace or quiet of any neighborhood, or that causes discomfort or annoyance to any person of normal sensitivity. Tables 5 and 6 demonstrate the Proposed Project’s stationary noise impacts at residential and commercial receptors. The Proposed Project’s expected stationary noise levels do not exceed the thresholds set by the LHGP and LHMC noise standards. Therefore, the Proposed Project will not generate stationary noise levels in excess of the noise standards established by the City, and the impact

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
27 would be less than significant.

Table 5 – Stationary Noise Impacts at Residential Receptors Noise Source
Receptor Distance
from Noise Source
(feet)
Noise Level at Receptor
dBA Leq dBA Lmax
HVAC1 100 39.1 39.1
Noise Level Threshold (Day/Night) 55.0/50.0 75.0/70.0
Noise Level Exceeds Thresholds? No No
Source: Noise Impact Study, January 22, 2026, RK Engineering Group, Inc.

1. Noise level is indicative of eight units and includes the attenuation effects of the proposed noise barriers/enclosures. For the purposes of this analysis, noise associated with the simultaneous operation of all units with direct line of sight to adjacent receptors was modeled. Noise from units blocked from line of sight is assumed to be adequately attenuated by intervening onsite structures.

Table 6 – Stationary Noise Impacts at Commercial Receptors Noise Source
Receptor Distance
from Noise Source
(feet)
Noise Level at Receptor
dBA Leq dBA Lmax
HVAC1 10 49.6 49.6
Noise Level Threshold (Day and Night) 65.0 65.0
Noise Level Exceeds Thresholds? No No
Source: Noise Impact Study, January 22, 2026, RK Engineering Group, Inc.

1. Noise level is indicative of eight units and includes the attenuation effects of the proposed noise barriers/enclosures. For the purposes of this analysis, noise associated with the simultaneous operation of all units with direct line of sight to adjacent receptors was modeled. Noise from units blocked from line of sight is assumed to be adequately attenuated by intervening onsite structures.

In addition to onsite HVAC noise, the Proposed Project would generate noise associated with maintenance activities, including landscaping and trash removal.

These types of on-site stationary noises would not typically be categorized as loud, unnecessary, or unusual noise that disturbs the peace or quiet of any neighborhood, or that causes discomfort or annoyance to any person of normal sensitivity. Per LHMC Section 5-24.070(l), property maintenance activities such as landscaping are exempt from noise standards when conducted between 7:00 a.m. and 8:00 p.m. on weekdays and Saturdays, or between 9:00 a.m. and 8:00 p.m. on Sundays and federal holidays. In compliance with the LHMC, no projectrelated maintenance activity, including landscaping, shall occur outside of the approved hours.

The Proposed Project will comply with these restrictions. The Project Site is currently occupied by an existing commercial building, which includes trash removal and landscaping operations. As a result, these activities would not be new sources of noise generated by the Proposed Project, and the Proposed Project would not

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
28 result in a substantial change in noise levels in the vicinity of the Project Site from these activities.

Mobile Source Noise – The main source of roadway noise in the vicinity of the Project Site is activity along Mill Creek Drive. As described in the LHGP Mobility Element, Mill Creek Drive is classified as a Collector (Commuter) Arterial, which can accommodate up to 10,000 vehicles per day. The Proposed Project is expected to generate approximately 259 daily trips. Per Streetlight segment volume data analyzed in the Project’s noise study, the segment of Mill Creek Drive adjacent to the Project Site has an average daily traffic (ADT) of approximately 1,877. Based on the existing daily traffic on Mill Creek Drive, the 259 daily trips generated by the Proposed Project will not double the amount of traffic along adjacent streets, and the potential increase in noise from project-related roadway activity would be less than 3 dBA. Therefore, the increase in roadway noise levels as a result of the Proposed Project would be less than significant.

Noise/Land Use Compatibility
The Project’s noise study included a noise/land use compatibility assessment to determine whether exterior and interior noise levels affecting the Project Site exceed the City’s noise/land use compatibility threshold for residential land uses.

Exterior ambient noise levels are assessed at the first-row residential building facades of each dwelling unit facing Mill Creek Drive. The first-row residential lots would be set back by a minimum of approximately 55 feet from the centerline of Mill Creek Drive.

Future exterior noise levels are estimated based on existing ambient noise level measurements collected at the existing office building site. To account for future increases in roadway volumes, a three-decibel increase has been applied to the measured noise levels. This is a conservative estimate, as a doubling of traffic volume along a roadway would be required to increase ambient noise levels by 3 dBA or more2. Future exterior ambient noise levels are expected to be approximately 70.4 dBA CNEL and fall within the Normally Unacceptable noise/land use compatibility category.

Per the LHGP, if new construction of Normally Unacceptable land uses proceeds, a detailed analysis of the noise reduction requirements must be made and the required noise insulation must be included in the design. The Proposed Project must 2 Technical Noise Supplement to the Traffic Noise Analysis Protocol, California Department of Transportation (Caltrans), September 2013.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
29 show that interior noise levels at the Project Site would not exceed the City and state’s noise/land use compatibility threshold for residential land uses. The noise study conducted a preliminary interior noise analysis for the first row of habitable dwellings facing the adjacent roadways using a typical “windows open” and “windows closed” condition. A “windows open” condition assumes 12 dBA of noise attenuation from the exterior noise level. A “windows closed” condition assumes 20 dBA of noise attenuation from the exterior noise level. Table 7 below indicates the future interior noise levels along adjacent roadways.

Table 7 – Future Interior Noise Levels (dBA CNEL)
Exterior
Façade
Study
Location
Projected
Exterior
Noise
Level1
Interior
Noise
Standard
Required
Building
Shell Noise
Reduction
Interior Noise Level with
Standard Windows
(STC ~25) Required
STC Rating “Windows
Open”2
“Windows
Closed”3
First-row
dwelling
units
along Mill
Creek
Drive

70.4 45.0 25.4 58.4 50.4 28
Source: Noise Impact Study, January 22, 2026, RK Engineering Group, Inc.

1. Worst-case future exterior noise levels are based on existing ambient noise level measurements collected by RK.

2. A minimum of 12 dBA noise reduction is assumed with the “windows open” condition.

3. A minimum of 20 dBA noise reduction is assumed with the “windows closed” condition. b. Would the project result in generation of excessive groundborne vibration or groundborne noise levels?
The nearest structures to the Project Site are the existing residential homes located to the west of the Project Site and the existing commercial structure located to the south. The structures are located approximately 100 feet and 10 feet, respectively, from the nearest expected areas of onsite construction activity. The construction of the Proposed Project is not expected to require the use of substantial vibration - inducing equipment or activities, such as pile drivers or blasting. The main source of vibration impacts during the construction of the project would be the operation of equipment such as bulldozer activity during site preparation and loading trucks and vibratory rollers during grading and excavation. As shown in Tables 8 and 9, project-related construction activity is not expected to cause any potential damage to the nearest structures. Therefore, construction-related vibration will be less than significant.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
30 Table 8 – Construction Vibration Impact Analysis – Residential Structures Construction
Activity
Distance to
Nearest Structure
(Feet)
Duration
Calculated
Vibration Level
(PPV) (in/sec)
Large Bulldozer
100
Continuous/Frequent 0.019
Loaded Trucks Continuous/Frequent 0.017
Vibratory Rollers Continuous/Frequent 0.046
Worst-Case Construction Vibration Level 0.046
Vibration Damage Potential Threshold1 0.200
Vibration Level Exceeds Thresholds? No
Source: Noise Impact Study, January 22, 2026, RK Engineering Group, Inc.

1. Source: FTA Transit Noise and Vibration Impact Assessment Manual (September 2018) vibration damage potential threshold for “non-engineered timber and masonry buildings”.

Table 9 – Construction Vibration Impact Analysis – Commercial Structures Construction
Activity
Distance to
Nearest Structure
(Feet)
Duration
Calculated
Vibration Level
(PPV) (in/sec)
Large Bulldozer
15 Continuous/Frequent 0.156
Loaded Trucks Continuous/Frequent 0.133
Vibratory Rollers Continuous/Frequent 0.368
Worst-Case Construction Vibration Level 0.368
Vibration Damage Potential Threshold1 0.500
Vibration Level Exceeds Thresholds? No
Source: Noise Impact Study, January 22, 2026, RK Engineering Group, Inc.

1. Source: FTA Transit Noise and Vibration Impact Assessment Manual (September 2018) vibration damage potential threshold for “non-engineered timber and masonry buildings”.
c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Airport Noise - The John Wayne Airport, located in Santa Ana, California, is the nearest airport to the Project Site at a distance of approximately 8 miles. The Project Site is not located within the John Wayne Airport, or any other airport’s, airport land use plan area. Furthermore, the Proposed Project is not expected to expose people residing or working in the Proposed Project area to excessive noise levels. Therefore, the Proposed Project would have no impact on exposing people residing or working in the area to excessive airplane noise.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
31 Air Quality:

An Air Quality, Greenhouse Gas, and Energy Study (AQGHGE) dated January 8, 2026 by RK Engineering Group, Inc. (Appendix E), was conducted for the Proposed Project. The AQGHGE Study analyzes potential impacts to air quality from the Proposed Project. The analysis discussed below found that approval of the Proposed Project would not result in any significant impacts related to air quality. a. Would the project conflict with or obstruct implementation of the applicable air quality plan?
The Project Site is located within the South Coast Air Basin (SCAB) which is characterized by relatively poor air quality and is a Federal- and State- designated nonattainment area for O3, PM10 and PM2.5 (US EPA 2012). The South Coast Air Quality Management District (SCAQMD) has established significance thresholds for both construction and operational activities relative to these criteria pollutants. The Project Site is located within the Coastal general forecasting area and Central Orange County Coastal air monitoring area (SRA-20). The SCAQMD has not published air quality monitoring data for SRA-20. Therefore, pollutant data for the most recent three-year period is derived from the nearest adjacent stations available (i.e., Saddleback Valley/SRA-19 and Central Orange County/SRA-17).

These pollutant levels were used to comprise a “background” for the project location and existing local air quality. As discussed below under threshold b and threshold c, implementation of the Proposed Project would result in less than significant impacts relative to the daily significance thresholds for criteria air pollutant construction emissions established by SCAQMD.

Another criterion to determine consistency with SCAQMD’s Air Quality Management Plan (AQMP) is if a project would not exceed AQMP’s assumptions or increments based on growth forecasts. The LHGP uses Department of Finance (DOF) data to determine population growth projections. According to 2025 DOF data3, the City’s population in 2025 was 30,309 residents. Using the average family size of 3.13 persons4, the addition of 36 single-family dwelling units would create a population increase of approximately 113 residents (0.37 percent increase5). The Proposed Project’s forecasted population growth would increase the City’s existing population by less than one percent to 30,422 persons. The LHGP 3 California Department of Finance, State Population Report – May 2025, accessed January 4, 2025. Total population (30,309) in 2025.
4 US Census Bureau, American Community Survey, 5-year estimates, S1101, City of Laguna Hills, accessed January 28, 2026.
5 California Department of Finance, State Population Report – May 2025, accessed January 4, 2025. Percent increase of total population (30,309) in 2025.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
32 anticipates a population of 36,523 by the end of the 2021-2029 planning period.

By complying with the thresholds of significance and being consistent with population growth estimates, the Proposed Project would be in compliance with the SCAQMD Air Quality Management Plan (AQMP) and the federal and state air quality standards. The Proposed Project would not conflict with or obstruct implementation of the applicable air quality plan. Thus, the Proposed Project would be within the population projections anticipated and planned for by the LHGP and would not increase growth beyond the AQMP’s projections. The Proposed Project would not conflict with or obstruct implementation of the applicable air quality plan.
b. Would the project 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? Construction Emissions
Table 10 shows that the Proposed Project’s daily construction emissions will be below the applicable SCAQMD air quality standards and thresholds of significance. As a result, the Proposed Project would not contribute to an existing or projected air quality violation. Furthermore, because the Proposed Project’s emissions are below SCAQMD’s thresholds, the Proposed Project would not contribute to a cumulatively considerable net increase of any criteria pollutant for which the Proposed Project’s region is non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). Therefore, the Proposed Project’s short-term construction impact on regional air resources would be less than significant.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
33 Table 10 – Regional Construction Emissions
Activity
Maximum Daily Emissions (lbs/day)1
VOC NOx CO SO2 PM10 PM2.5
Demolition 0.48 6.95 17.08 0.05 4.02 0.84
Site Preparation 0.28 1.36 15.39 0.03 0.77 0.14
Grading 0.97 63.00 41.32 0.36 16.9 5.77
Building Construction 0.33 3.96 14.19 0.02 0.41 0.13
Paving 0.47 2.23 9.28 0.01 0.23 0.08
Architectural
Coating 46.58 0.85 1.35 0.00 0.09 0.03
Maximum1 46.58 63.00 41.32 0.36 16.90 5.77
SCAQMD Thresholds 75 100 550 150 150 55
Exceeds Thresholds? No No No No No No
Source: Air Quality, Greenhouse Gas, and Energy Study, January 8, 2026, RK Engineering Group, Inc.

1. Maximum daily emissions during summer or winter; includes both onsite and offsite project emissions.

2. Modeling assumed Tier 4 equipment.

Table 11 illustrates the construction-related localized emissions of the Proposed Project in comparison to SCAQMD Localized Significance Threshold (LST) thresholds. The Proposed Project emissions will be below SCAQMD thresholds of significance for localized construction emissions. Therefore, the Proposed Project’s short-term construction impacts on localized air resources will be less than significant.

Table 11 – Localized Construction Emissions
Activity Maximum Daily Emissions (lbs/day)1
NOx CO PM10 PM2.5
Onsite Emissions 3.74 15.05 2.93 1.40
SCAQMD Localized Threshold2 110.5 800.7 5.5 4.0
Exceeds Threshold? No No No No
Source: Air Quality, Greenhouse Gas, and Energy Study, January 8, 2026, RK Engineering Group, Inc.

1. Maximum daily emissions during summer or winter; includes both onsite and offsite project emissions.

2. Source: SCAQMD Mass Rate LSTs for 2 acres/day in SRA-20 at 25 meters

3. Modeling assumed Tier 4 equipment.

Operational Emissions
As shown in Tables 12 and 13, the Proposed Project’s emissions will be below the SCAQMD thresholds of significance. The Proposed Project’s daily unmitigated operational emissions will be below the applicable SCAQMD regional air quality standards and thresholds of significance, and the Proposed Project would not contribute substantially to an existing or projected air quality violation. Furthermore,

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
34 by complying with the SCAQMD standards, the Proposed Project would not contribute to a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). Therefore, the Proposed Project’s long-term regional air quality impacts will be less than significant.

Table 12 – Regional Operational Emissions
Activity Maximum Daily Emissions (lbs/day)1
VOC NOx CO SO2 PM10 PM2.5
Mobile Sources 0.97 0.71 8.49 0.02 2.08 0.54
Area Sources 1.86 0.02 2.04 0.00 0.00 0.00
Energy Sources 0.01 0.22 0.09 0.00 0.02 0.02
Total 2.84 0.95 10.62 0.02 2.10 0.56
SCAQMD Thresholds 55 55 550 150 150 55
Exceeds Thresholds? No No No No No No
Source: Air Quality, Greenhouse Gas, and Energy Study, January 8, 2026, RK Engineering Group, Inc.

1. Maximum daily emissions during summer or winter; includes both onsite and offsite project emissions.

2. Modeling assumed Tier 4 equipment.

Table 13 – Localized Operational Emissions
Activity Maximum Daily Emissions (lbs/day)1
NOx CO PM10 PM2.5
Onsite Emissions 1.92 2.56 0.12 0.05
SCAQMD Localized Threshold2 131.0 962.0 2.0 2.0
Exceeds Threshold? No No No No
Source: Air Quality, Greenhouse Gas, and Energy Study, January 8, 2026, RK Engineering Group, Inc.

1. Maximum daily emissions during summer or winter; includes both onsite and offsite project emissions.

2. Source: SCAQMD Mass Rate LSTs for 2 acres/day in SRA-20 at 25 meters

3. Modeling assumed Tier 4 equipment.
c. Would the project expose sensitive receptors to substantial pollutant concentrations?
The Proposed Project consists of residential land uses and does not include major sources of toxic air contaminants (TAC) emissions that would result in significant exposure of sensitive receptors to substantial pollutant concentrations. Examples of land uses that are major sources of TACs include distribution centers with heavy truck traffic, rail yards, ports, refineries, chrome plating facilities, dry cleaners, and gasoline dispensing stations. The Proposed Project does not include those uses, hence the Proposed Project would not expose sensitive receptors to substantial

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
35 pollutant concentrations.

The Proposed Project would generate diesel particulate matter (DPM) during construction from off-road diesel equipment and trucks. The California Office of Environmental Health Hazard Assessment (OEHHA) adopted the Guidance Manual for Preparation of Health Risk Assessments (HRA Guidelines) to provide procedures for use in the Air Toxics Hot Spots Program or for the permitting of existing, new, or modified stationary sources. A Health Risk Assessment dated January 12, 2026 by RK Engineering Group, Inc. (Appendix F), was conducted for the Proposed Project. Construction-related PM10 exhaust emissions were quantified using the CalEEMod outputs provided in Appendix E and used as a surrogate for modeling DPM emissions. DPM emissions sources associated with project construction include onsite construction activity and offsite hauling trips.

The calculations used to calculate cancer risk are based on the methodology published by the SCAQMD and OEHHA. For the purposes of this analysis, potential health risks to the adjacent receptors are expressed in terms of increased cancer and non-cancer health risks as a result of exposure to DPM emissions.

Because construction of the proposed project would occur over a relatively short duration of approximately six years, a full 30-year adult exposure scenario is not applicable. Instead, conservatively, this analysis evaluates third trimester (0.25- year), infant (0-2 years), and child (2-16 years) exposure scenarios, which together represent the most sensitive potential life stages during the construction period.

Excluding the adult exposure scenario is appropriate in this case, as no long-term operational source of DPM emissions would remain after construction is complete.

Table 14 shows the Project’s construction health risk results at each of the modeled sensitive receptor locations, as shown in Appendix F. The cancer health risks shown in Table 14 represent the total cumulative risk, which is calculated by summing across all age-specific exposure periods. The hazard indices are reported as the highest hazard index from any single exposure period at each receptor.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
36 Table 14 – Construction Health Risk Levels
Sensitive Receptor AERMOD Receptor
ID
Cancer Risk (per
one million)
Hazard Index
1 1 0.3498 0.0006
2 0.3308 0.0012
3 0.8651 0.0039
4 2.3000 0.0027
5 2.6625 0.0032
6 1.3925 0.0017
7 0.7525 0.0009
8 0.5747 0.0034
9 0.3306 0.0021
10 0.1506 0.0008
11 0.0972 0.0002
Maximum Risk 2.6625 0.039
SCAQMD Threshold 10 1
Exceeds Threshold? No No
Source: Health Risk Assessment, January 12, 2026, RK Engineering Group, Inc.

In addition to the above assessment of maximum incremental cancer and noncancer risk at the adjacent receptors, SCAQMD requires an assessment of cancer burden. Cancer burden is defined as the estimated number of excess cancer cases in the exposed population over a 70-year lifetime. It is calculated by multiplying the maximum incremental cancer risk (expressed per one million) by the estimated exposed population and then dividing by one million, to convert the rate to the expected number of cases. Table 15 below summarizes the cancer burden calculations for the construction of the Project. As shown below, the estimated total cancer burden is well below the SCAQMD significance threshold of 0.5 excess cancer cases under CEQA.

Table 15 – Estimated Cancer Burden
Maximum Incremental
Cancer Risk (per one
million)
Estimated Exposed
Population
Estimated Cancer Burden

2.6625 5081 0.0014
SCAQMD Cancer Burden Threshold 0.5
Exceeds Threshold? No
Source: Health Risk Assessment, January 12, 2026, RK Engineering Group, Inc.

1. Based on aerial imagery and parcel counts, there are a maximum of approximately 175 households located within the HRA study area. The estimated exposed population is approximately 508 residents.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
37 As shown above, the construction of the Proposed Project is not expected to result in a cancer health risk, non-cancer hazard index, or cancer burden that would exceed the applicable SCAQMD thresholds. As a result, the Proposed Project impact from construction-related DPM emissions would be less than significant. The Proposed Project would not expose sensitive receptors to substantial pollutant concentrations.
d. Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Land uses that commonly receive odor complaints include agricultural uses (farming and livestock), chemical plants, composting operations, dairies, fiberglass molding facilities, food processing plants, landfills, refineries, rail yards, and wastewater treatment plants. The Proposed Project consists of residential uses and does not contain land uses that would typically be associated with significant odor emissions.

Furthermore, the Proposed Project is required to comply with standard building code requirements related to exhaust ventilation as well as SCAQMD Rule 402.

Rule 402 requires that a person may not discharge from any source whatsoever such quantifies of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, response, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. The Proposed Project related odors would not create a nuisance. Therefore, the Proposed Project’s operation would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.

Water Quality:
a. Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Construction Impacts
Construction-related runoff pollutants are typically generated from waste and hazardous materials handling or storage areas, outdoor work areas, material storage areas, and general maintenance areas (e.g., vehicle or equipment fueling and maintenance, including washing). Construction projects that disturb one acre or more of soil, including the Proposed Project, are regulated under the Construction General Permit (CGP, Order No. 2022-0057-DWQ) issued by the State

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
38 Water Resources Control Board (SWRCB). Projects obtain coverage under the CGP by developing and implementing a stormwater prevention pollution plan (SWPPP), estimating sediment risk from construction activities to receiving waters, and specifying best management practices that would be implemented as a part of the Proposed Project’s construction phase to minimize pollution of stormwater prior to and during grading and construction.

The Property Owner/Developer and its construction contractor would be required to prepare and implement a SWPPP and associated BMPs in compliance with the CGP during grading and construction. The SWPPP would specify BMPs that would be implemented for the Proposed Project to protect the water quality of receiving waters. Other construction BMPs that may be incorporated into the Proposed Project’s SWPPP and implemented during the construction phase include but are not limited to:
 Installation of perimeter silt fences and perimeter sandbags and/or gravel bags
 Stabilized construction exits with rumble strip(s)/plate(s)  Installation of storm drain inlet protection on affected roadways  Installation of silt fences around stockpile and covering of stockpiles  Stabilization of disturbed areas where construction ceases for a determined period of time (e.g., one week) with erosion controls  Installation of temporary sanitary facilities and dumpsters Adherence to the BMPs in the SWPPP would reduce, prevent, minimize, and/or treat pollutants and prevent degradation of downstream receiving waters; reduce or avoid contamination of urban runoff with sediment; and reduce or avoid contamination with other pollutants such as trash and debris, oil, grease, fuels, and other toxic chemicals.

Therefore, with implementation of the BMPs in the required SWPPP, water quality or waste-discharge impacts from Project-related grading and construction activities would be less than significant, and no mitigation would be required.

Operational Impacts
The Preliminary Water Quality Management Plan (PWQMP) (Appendix G) identifies stormwater management for post construction building operations. The Project would incorporate low-impact development (LID) BMPs to reduce the quantity of rainfall runoff and improve the quality of water that leaves the Project Site.

The Proposed Project would use LID Treatment BMPs to reduce the post development impacts including infiltration, harvest and use, evapotranspire, or

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
39 biotreat/biofilter, the 8th percentile of a 24-hour storm event. The Proposed Project includes LID Treatment BMP of impervious area dispersion through the use of a proprietary media biofiltration unit.

The proposed operational conditions would be comprised of two Drainage Management Areas (DMAs). DMA A includes the surface drainage, proposed inlets, and an underground piping system in the southern half of the Project Site.

The piping discharges to a proposed BMP biofiltration basin with an underdrain.

The underdrain connects to a parkway culvert discharging onto Mill Creek near the driveway entrance. DMA B includes the surface drainage, proposed inlets, and an underground piping system in the northern half of the Project Site. The piping discharges to a proposed BMP biofiltration basin with an underdrain. The underdrain connects to a proposed parkway culvert further down Mill Creek Drive.

Additionally, non-structural source control BMPs for the Proposed Project include:
 Education for Property Owners, Tenants and Occupants
 Activity Restrictions – activity and use restrictions will be developed and enforced by the HOA through Covenants, Conditions, and Restrictions (CC&Rs)
 Common Area Landscape Management
 BMP maintenance
 Common Area Litter Control
 Common Area Catch Basin inspection
 Street Sweeping Private Streets and Parking Lots
Structural Source Control BMPs for the Proposed Project include:
 Provide storm drain system stenciling and signage
 Use efficient irrigation systems & landscape design, water conservation, smart controllers, and source control
 Protect slopes and channels and provide energy dissipation  Hillside landscaping
Because Newport Bay has an approved Watershed Infiltration & Hydromodification Plan, the Proposed Project would use the above-described LID Treatment BMPs to reduce post development impacts. Therefore, implementation of the BMPs in the WQMP and compliance with NPDES MS4 permit requirements, potential impacts associated with water quality and waste-discharge impacts would be less than significant.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
40 b. Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
According to the PWQMP, groundwater at the Project Site under existing conditions is likely greater than 50 feet below the ground surface. Groundwater is relatively shallow (generally less than 20 feet below the ground surface) in the large alluvial valley north and northeast of the Project Site.

The Proposed Project would not deplete or substantially interfere with the groundwater supplies because no groundwater wells are proposed and because the Proposed Project would not substantially interfere with groundwater recharge.

Post-development runoff from the property would be directed into proprietary underground biofiltration BMP structures that will treat the runoff and then discharge it into the on-site storm drain system that is connected to the parkway drains on Mill Creek Drive.
c. Would the project 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 result in a substantial erosion or siltation on- or off-site; substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or impede or redirect flood flows?
The existing Project Site is developed for an office building and its associated surface parking lot and landscaping. The existing drainage pattern consists of a series of v-gutters down the driveway entrance onto Mill Creek Drive. There are currently no underground storm drainpipes. According to the Final Hydrology Report (Appendix H), the storm volume and peak flow rates in the existing condition does not exceed the expected storm volume or peak flow rates in the proposed condition (with Project) and no on-site detention is required.  Result in substantial erosion or siltation onsite or offsite? Grading and construction associated with site work on the Project Site would result in temporary disturbance of surface soils, which could potentially result in erosion or sedimentation onsite, and potential water quality impacts attributable to construction activities. Any stockpiles of excavated areas would be susceptible to

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
41 erosion from wind and rain and, if not managed properly, could result in increased sedimentation in local drainage ways. However, all construction and grading activities are required to comply with the LHMC and NPDES best practices using BMPs, such as the use of fiber rolls, street sweeping, sandbag barriers, straw bale barriers, and storm drain inlet protection. The Proposed Project would construct 36 residential units and associated runoff infrastructure, including on-site treatment structures, which would prevent substantial erosion from occurring. Similar to existing conditions with the office building, runoff would ultimately drain out to the existing system in Mill Creek Drive. Therefore, the Proposed Project would not alter the existing drainage pattern of the site and would not result in substantial erosion or siltation.
 Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?
 Impede or redirect flood flows?
According to the PWQMP, the post development volume for the two year storm event does not exceed that of the predevelopment condition by more than five percent. The time of concentration of post-development runoff is less than the predevelopment conditions. As discussed above, drainage from the Proposed Project would be collected by a series of area drains and catch basins to collect street flow. The BMPs described above would retain runoff generated on-site to ultimately connect to the existing system on Mill Creek Drive. The LID Treatment BMPs would include infiltration, harvest and use, evapotranspire, or biotreat/biofilter, the 85th percentile of a 24-hour storm event. The infiltration system ensures that the capacity of the City’s storm drain system is not exceeded by the development of the Proposed Project. At its pre-development condition, the site has an impervious surface percentage of 78.91 percent. The Proposed Project would decrease the impervious surface percentage to 66.99 percent postdevelopment. Therefore, the Proposed Project would not substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off-site, nor would the Proposed Project impede or redirect flood flows.  Create or contribute to runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
The Project Site is located with an urbanized area with existing infrastructure to support the Project Site’s stormwater drainage needs. The existing site surface drains through a series of v-gutters down the drive entrance onto Mill Creek Drive.

There are currently no underground storm drain system improvements at the site.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
42 Under the proposed conditions, drainage from the Proposed Project would be collected by a series of area drains and catch basins to collect street flow. The south half of the property drains out to Mill Creek through a proposed parkway culvert near the proposed driveway. The north half of the property drains out to Mill Creek Drive through a second proposed parkway culvert near the northeast corner of the site. The flow continues down Mill Creek to an existing storm drain system tributary to San Diego Creek Channel. San Diego Creek channel drains to Upper Newport Bay. The LID Treatment BMPs would include infiltration, harvest and use, evapotranspire, or biotreat/biofilter, the 85th percentile of a 24-hour storm event. Biotreatment would be utilized for the remaining volume. Non-structural BMPs such as activity restrictions, street sweeping, and common area landscape maintenance and litter control would also contribute towards runoff control and water quality protection. In addition, the Property Owner/Developer would be required to comply with the NPDES permit requirements to reduce any potential water quality impacts. Therefore, the Proposed Project would not create or contribute to runoff water which would exceed the capacity of existing or planned stormwater drainage systems and would not provide substantial additional sources of polluted runoff.
d. In flood hazard, tsunami, or seiche zones, would the project risk release of pollutants due to project inundation?
The Project Site is located within FEMA Flood Plain Panel 06059C0313J and is designated within Zone X, which is described as an area of minimal flood hazard.

The Project Site is located outside of the 100-year flood plain, and would not impede or redirect flood flows. According to the Preliminary Geotechnical Investigation (Appendix I), due to the elevation of the site relative to existing drainages in the area, flooding at the site is not considered to be reasonably foreseeable at the Project Site. Therefore, the Proposed Project would not risk release of pollutants due to project inundation. Furthermore, as described above, runoff would be captured and treated on-site and ultimately drained to the system in Mill Creek Drive.

Seiches are surface waves created when a body of water is shaken, usually by earthquake activity. Seiches are of concern relative to development near large water bodies and water storage facilities, because inundation from a seiche can occur if the wave overflows a containment wall, such as the wall of a reservoir, water storage tank, dam, or other artificial body of water. According to the geotechnical study, due to the elevation of the Proposed Project at the site with respect to sea level and its distance from large open bodies of water, the potential of seiches and/or tsunami is considered to be none. Because the Project Site is not

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
43 located in a high flood risk, tsunami, or seiche zone, the Proposed Project would not risk release of pollutants due to project inundation. e. Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? The City participates in the South Orange County Watershed Management Area (SOWMA) and its Integrated Regional Water Management Plan (IRWMP) to comply with National Pollutant Discharge Elimination System (NPDES) permits, requiring project-specific Water Quality Management Plans for development.

According to the California Department of Water Resources Groundwater Sustainability Plan (GSP) Status Map, there are no applicable GSPs for the Project Site. The Proposed Project involves the construction of 36 single-family-attached condominium residential units, parking, roadways, and associated infrastructure. The Proposed Project does not feature any groundwater wells. The Property Owner/Developer is required to implement storm water and urban runoff pollution prevention controls, and Best Management Practices (BMPs) on construction sites in accordance with Chapter 5-36, Water Quality Control of the LHMC. The Project Site is more than one acre; therefore, the Property Owner/Developer would be required to comply with the requirements of the NPDES MS4 Permit and General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009- DWQ) and prepare a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP would generally contain a site map showing the construction perimeter, existing and proposed buildings, storm water collection and discharge points, general pre- and post-construction topography, drainage patterns across the site, and adjacent roadways.

Therefore, with compliance with Chapter 5-36 of the LHMC, compliance with the MS4 and Construction General Permit, and implementation of a SWPPP, the Proposed Project would not conflict or obstruct implementation of a water quality control plan or sustainable groundwater management plan.

5. Can the project site be adequately served by all required utilities and public services?
The existing site contains an office building with an associated surface parking lot and landscaping. The existing site currently receives utilities and public services to accommodate the existing office building. The Proposed Project would connect to existing utilities and public services in the project area. The Proposed Project would add 36 residential units to the City’s housing stock. Using the average family

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
44 size of 3.13 persons6, the addition of 36 single-family dwelling units would create a population increase of approximately 113 residents (0.37 percent increase7). a. Fire Protection:

The Proposed Project does not introduce any features that would require additional fire services beyond what is already serviced to the City. Fire services are provided to the City by the Orange County Fire Authority (OCFA). This includes the existing Project Site. The two closest fire stations to the Project Site are OCFA Stations #51 and #22. OCFA Station #22 is located approximately 2.3-miles from the Project Site and OCFA Station 55 is located approximately 9.2-miles from the Project Site. OCFA has a regional Prevention Field Service office that allows greater focus of prevention efforts to individual communities, which includes the City.

OCFA’s average response time8 for emergency calls averages between 5-7 minutes for engines to arrive on scene after a 9-1-1 call has been placed.

According to OCFA’s 2025-2026 Fiscal Year Adopted Budget9, OCFA’s ratio of firefighters per 10,000 residents has remained steady over the last seven fiscal years ranging from 5.80 to 6.22 firefighters. During the past decade, OCFA’s emergency call load has increased 42 percent, due in part to the City of Garden Grove joining in August 2019. According to CAL FIRE’s Fire Hazard Severity Zone Viewer10, the Project Site is not located within a Very High Fire Hazard Severity Zone (VHFHSZ) for both the Local Responsibility Areas (LRAs) and State Responsibility Areas (SRAs).

Fire Hazard Severity Zones classify zones as Moderate, High, or Very High fire hazard based on hazard factors, such as fuel loading, slope, fire weather, and other relevant factors present. The western portion of the Project Site is designated as part of a Moderate Fire Hazard Severity Zone (FHSZ), while the remaining majority of the Project Site is not located within a FHSZ.

While the Project Site is located within a Moderate FHSZ, the Proposed Project would adhere to Chapter 5-16 Fire Code of the LHMC. Chapter 5-16 requires new development to adhere to the latest California Fire Code, which is enforced by OCFA. The Proposed Project includes a fire access plan (see Figure 14), which demonstrates compliant fire access throughout the Project Site in the event of an emergency. Additionally, due to the minimal increase in population, the Proposed Project would not result in the need for new or physically altered fire protection 6 US Census Bureau, American Community Survey, 5-year estimates, S1101, City of Laguna Hills, accessed January 28, 2026.
7 California Department of Finance, State Population Report – May 2025, accessed January 4, 2025. Percent increase of total population (30,309) in 2025.
8 FAQs | OCFA, OCFA, accessed August 8, 2025.
9 OCFA 2025/2026 Fiscal Year Adopted Budget, accessed August 8, 2025. 10 Fire Hazard Severity Zones Map, CAL FIRE, March 2025, accessed August 8, 2025.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
45 facilities. As of October 10, 2025, OCFA has reviewed the Proposed Project, and approved the Project’s Fire Master Plan. The review included conditions of approval (Appendix J). Additionally, OCFA would receive an 11.83 percent of the increased basic one percent property tax levy, yielding an estimated $64,200 per year (Appendix K). Therefore, impacts to fire protection are less than significant. b. Police Protection:

Police Protection for the Project Site would be provided by the Orange County Sheriff’s Department. The closest police station to the Project Site is the Laguna Hills Police Services station, which is located approximately 1.52-mile from the Project Site. According to the LHGP Safety Element, adopted in June 2022, emergency calls with Laguna Hills Police Services had an average reconciled response time of 4 minutes and 57 seconds for emergency response calls and an average response time of 15 minutes and 6 seconds for priority 2 (serious crime) calls from when the call was received to deputies arriving at the location. These response times are within the average and reflect an appropriate staffing level for police services (LHGP Safety Element, pg S-17). The Proposed Project would minimally increase the City’s population by 113 persons, or 0.37 percent. Development of the Project Site would not result in the need for new or physically altered police protection facilities. As discussed in Appendix K, the Proposed Project is estimated to generate an annual fiscal revenue of approximately $58,500. At full buildout, the Proposed Project is estimated to generate an estimated $17,600 in property taxes to the City compared to $4,900 in property taxes generated by the existing office property.

The Proposed Project would contribute more to property taxes compared to the existing office property. The property taxes would contribute to the City’s General Fund, which funds public safety services, such as police and fire services.

Therefore, impacts to police services would be less than significant. c. Schools:

The school district that serves the City is Saddleback Valley Unified School District.

In the 2023-2024 school year, the school district saw a decrease of 3,111 students since the 2019-2020 school year11. As discussed above, the Proposed Project would minimally increase the City’s population by 113 persons, or 0.37 percent.

Construction of the Proposed Project could increase enrollment.

The Saddleback Valley Unified School District contains a total of 34 schools, 11 Education Data Partnership, Fiscal, Demographic, and Performance Data, Saddleback Valley United School District, accessed March 1, 2025.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
46 ranging from preschools to high schools. According to the US Census Bureau, the average family size is 3.13 persons and 19.6 percent of the City’s population consists of persons under 18-years old12. Therefore, extrapolation of this would result in approximately 23 persons of the potential 113 additional persons from the Proposed Project would be under 18 years old (school-aged).

Furthermore, according to a Fee Justification Study13 conducted for SVUSD, the student generation factor, including elementary school, intermediate school, and high school, is 0.3969 for single-family detached units and 0.3911 for multi-family attached units. Therefore, by multiplying the anticipated population increase by the Proposed Project (113 persons) by the student generation factor for singlefamily units (0.3969), the Proposed Project would generate approximately 45 students. Due to the nominal number of potential students and anticipated decrease in student enrollment14, no impacts are anticipated to the schools.

Furthermore, SB 50, established in 1998, capped developer fees for new construction to fund school facilities at a base fee of $1.93 per square foot for residential projects. School districts were allowed to charge higher, “Level Two” fees if the school district conducted a needs analysis and were eligible for state funds. Based on the Net Fiscal Impact Study (Appendix K) prepared for the Proposed Project, the School District is estimated to receive one-time developer school impact fees of approximately $9,660 per unit, or a total of $347,800. SB 50 addresses all potential impacts related to school services. d. Parks:

Chapter 8-06 Park Dedication and In-Lieu Fee Requirements of the LHMC establishes procedures for requiring the dedication of land or the payment of inlieu fees to serve new residential subdivisions that are approved by the City Council. Chapter 8-07 Citywide Park and Recreation Fees establishes a program for requiring payment of fees for parks, recreation, and open space facilities to accommodate new residential development projects. The Proposed Project includes 20 percent landscape coverage in the forms of large accent trees, medium accent trees, perimeter screening trees, small accent trees, shrub and 12 City of Laguna Hills, American Community Survey 5-year estimates, S1101, US Census Bureau, accessed March 1, 2025.
13 Residential and Commercial/Industrial Development School Fee Justification Study, Saddleback Valley Unified School District, March 2022, accessed August 5, 2025. 14 The school district that serves the City is Saddleback Valley Unified School District. In the 2023- 2024 school year, the school district saw a decrease of 3,111 students since the 2019-2020 school year. Education Data Partnership, Fiscal, Demographic, and Performance Data, Saddleback Valley United School District, accessed March 1, 2025.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
47 groundcover, and vines and espaliers. Section 2.5.1 of the Objective Design Standards (ODS) requires all projects on sites of two or more acres in size to provide public open space of at least a quarter of the minimum open space required for the project under the LHMC. As part of the Project’s Density Bonus Law Request, the Proposed Project requests a waiver to eliminate private and public open space as required by LHMC for developments in the MXU zone. The Project Site is constrained by steep slopes along its northern and southern boundaries, as well as along Mill Creek Drive, limiting the buildable area on the property. Compliance with this standard would require dedicating land for open space where either housing, infrastructure, or parking is planned. Therefore, compliance with this standard would reduce the overall density of the Project and therefore would physically preclude development of the Project.

Additionally, according to the LHGP Community Services and Facilities Element, all new development and redevelopment in the City are required to meet a Park Facilities Service Standard of five acres of active or passive park land per 1,000 residents. According to 2025 Department of Finance data, the City’s total population was 30,309 persons. Therefore, per the Park Facilities Service Standard, the City has a minimum requirement of approximately 155 acres of park land15 to accommodate the City’s population. The LHGP Conservation and Open Space Element states that approximately 590 acres are dedicated and used for a variety of open space and/or recreational purposes, including 14 public parks and 15 private parks within the City. Existing facilities within the City exceed the Park Facilities Service Standard’s minimum requirements.

The Proposed Project would create a population increase of approximately 113 persons. Because the City has a surplus of approximately 435 acres of open space and/or recreational facilities, the Proposed Project would be adequately served by existing park facilities.
e. Other Public Facilities:

The Proposed Project could add approximately 113 new residents to the City, increasing the population by 0.37-percent. The nominal increased demand would be met with existing public facilities. According to the Net Fiscal Impact Analysis conducted by Kosmont for the Proposed Project (Appendix K), the Proposed Project is estimated to generate an annual fiscal revenue of approximately $58,500 at full buildout in 2024 dollars, yielding a positive annual net fiscal impact of $9,800. The existing office properties yield a current negative annual fiscal 15 City of Laguna Hills General Plan – Community Services and Facilities – Table CSF-1.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
48 impact of $5,900. When compared to the existing use on the Project Site, the Proposed Project would provide greater indirect and direct benefits to the City’s General Fund and local agencies, including the school district. During existing conditions, there are no new residents to utilize library facilities. However, construction of the Proposed Project could increase the population by 113 new residents. However, the Proposed Project would be required to pay all applicable fees set forth by the City’s Municipal Code. Any potential impacts to libraries would be adequately funded through the Proposed Project’s revenues to the General Fund. The Proposed Project’s revenues exceed the cost of expenditures to community services. Therefore, no impacts to public facilities would be anticipated.
f. Wastewater/Sewer:

According to the LHGP Final Program Environmental Impact Report (EIR), properties within the City are served by a public sewage collection system maintained by the South Orange County Wastewater Authority (SOCWA) and carried by the Moulton Niguel Water District (MNWD) and El Toro Water District (ETWD). The existing office building and Project Site are served by ETWD for sanitary sewer and domestic water services. ETWD also provides potable water to the Project Site. Therefore, the Proposed Project would be served by ETWD for domestic water and sanitary sewer water services.

Existing sewer/wastewater infrastructure at the Project Site consists of an 8-inch sewer line and 10-inch water line at Mill Creek Drive. ETWD’s wastewater collection system includes approximately 158 miles of sewer pipelines ranging from 4-inches to 24-inches in diameter and 11 sewer lift stations16. ETWD’s existing wastewater treatment plant has a capacity of 6 mgd. The existing water tertiary treatment plant has a capacity of 3.7 mgd. The Proposed Project would construct new sewer and water lines throughout the Project Site’s internal driveways to ultimately connect to the existing sewer and water lines on Mill Creek Drive. The Applicant received a letter from ETWD that states that the Project would flow to the existing eight-inch sewer main in Mill Creek Drive. Based on the project assumptions, ETWD concluded that there is no impact to the collection system or the receiving lift station under both average dry weather and 10-year design storm conditions (Appendix A).

ETWD has provided a will-serve letter for the Proposed Project that indicates that ETWD is willing to provide domestic water and sanitary sewer services to the Project 16 2020 Urban Water Management Plan, El Toro Water District, accessed August 23, 2025.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
49 Site (Appendix A). Therefore, impacts to wastewater/sewer would be less than significant.
g. Storm Water Drainage:

The Proposed Project involves the construction of 36 single-family residential dwelling units. Per Chapter 5-36 Water Quality Control of the LHMC, the Proposed Project would be required to include specific design Best Management Practices (BMPs) to ensure that no storm water runoff generated on the Project Site would leave without pre-treatment for urban pollutants. The Applicant has prepared a Preliminary Water Quality Management Plan (PWQMP) (Appendix G), which includes specific design features during construction and operations as part of the Proposed Project’s BMPs. The existing Project Site surface drains through a series of v-gutters down the drive entrance onto Mill Creek Drive. There are currently no underground storm drain pipes at the existing site. Under existing conditions, the site has a total storm volume of 1.054 acre-feet. Under proposed conditions, the drainage from the project is collected by a series of area drains and catch basins to collect street flow. The south half of the property drains out to Mill Creek through a proposed parkway culvert near the proposed driveway. The north half of the property drains out to Mill Creek Drive through a second proposed parkway culvert near the northeast corner of the site. The total storm volume under proposed conditions would be 1.048 acre-feet. The Applicant would be required to comply with Chapter 5-36 of the LHMC and implement all recommendations contained within the PWQMP, including usage of the Project’s BMPs as detailed in question 4.

The Project Site is more than one acre; therefore, the Property Owner/Developer would be required to comply with the requirements of the NPDES MS4 Permit Construction General Permit Order 2009-0009- DWQ and prepare a SWPPP. The SWPPP would generally contain a site map showing the construction perimeter, existing and proposed buildings, storm water collection and discharge points, general pre- and post-construction topography, drainage patterns across the site, and adjacent roadways. Therefore, with compliance with Chapter 5-36 of the LHMC, potential impacts associated with storm water drainage would be less than significant.
h. Water Supplies:

ETWD is responsible for providing a clean, safe, and potable water supply to the City.

Based on ETWD’s 2020 Urban Water Management Plan (UWMP), water demands

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
50 for portable and non-potable water for single-family homes was 1,943 acre-foot (AF). Commercial uses demanded 782 AF. ETWD projects total water demand to increase 8.5 percent between 2020 and 2045 and determined that ETWD has sufficient supply through 2045.Furthermore, on July 31, 2024, the Proposed Project received a will-serve letter from ETWD which states that ETWD is “willing to provide Domestic Water and Sanitary Sewer Water services to the subject project” (Proposed Project). Therefore, ETWD has capacity in its water supplies to serve the Proposed Project. The provisions of ETWD’s service are contingent upon the Applicant completing the necessary requirements in accordance with ETWD Rules and Regulations. With adherence to ETWD Rules and Regulations, the Proposed Project would not result in a significant impact to ETWD’s water supplies. i. Solid Waste Disposal:

The Proposed Project is required to comply with the provisions of Chapter 5-32 Solid Waste and Recycling of the LHMC, which regulates solid waste in the City.

According to Chapter 5.32 of the LHMC, single-family generators are required to subscribe to the City’s organic waste collection services for all organic waste generated. Single-family waste generators are required to place designated materials in designated containers and shall not contaminate collection containers. Food scraps and yard trimmings would go in the green container, recyclable materials in the blue container, and municipal solid waste in the gray container that is provided by the terms of the City’s franchise agreement. Each household would be provided with one trash cart, one recycling cart, and one green waste/food waste cart. CR&R provides solid waste services to the City. The Proposed Project’s contribution of solid waste would be minimal and would not significantly impact solid waste collection or landfill operations. According to CalReycle, commercial sites, such as the existing office use at the Project Site, would generate approximately 10.53 pounds per employee per day17. While the employee numbers are not known at the existing office building, CalRecycle also states that a professional office could generate 0.084 pounds per square foot per day. Thus, the existing 13,308 sq. ft. office building would generate approximately 1,159.88 pounds of waste per day. Residential uses have a waste generation rate of 12.23 pounds per household per day. With the construction of 36 units, the Proposed Project would generate approximately 440 pounds of waste per day, which is less than the existing office use. Furthermore, as with all residences in the City, the individual units are subject to curbside recycling and green waste separation requirements. Therefore, no impacts are anticipated to solid waste disposal.
17 Estimated Solid Waste Generation Rates, CalRecycle, accessed August 14, 2025.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
51 j. Electricity: k. Natural Gas: l. Telephone Service: m. Television Service:

The Project Site is in a built-out, urban setting. The Project Site and the surrounding properties are fully served by various utility service providers, including:
 Electric: Southern California Edison (SCE)
 Natural Gas: Southern California Gas (SoCalGas)
 Telecommunications: Charter, AT&T, and Cox
There are no anticipated significant service or system upgrades needed to serve the proposed single-family residential development. Additionally, the Proposed Project received letters from AT&T, Charter, and Cox stating that AT&T, Charter, and Cox have capacity to serve the Proposed Project and Project Site area (Appendix A). Natural gas service will not be required as part of the Proposed Project; therefore, a will-serve letter from SoCalGas was not requested. Therefore, no impacts are anticipated.

EXCEPTIONS:

CEQA Guidelines Section 15300.2 outlines exceptions, to the categorical exemptions that would disqualify a project from a Categorical Exemption.

The following analysis discusses the Proposed Project in relation to CEQA Guidelines Section 15300.2 – Exceptions.
a. Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant.

Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

The Proposed Project is not seeking Class 3, 4, 5, 6, or 11 categorical exemptions.

Therefore, exception A of Section 15300.2 is not applicable to the Proposed Project.
b. Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
52 The Proposed Project is consistent with the LHGP goals and policies and helps fulfill the Housing Element RHNA goal and addresses housing need in the City. The Proposed Project provides housing to an existing commercial office site. Impacts during construction would be temporary and confined to the vicinity of the Project Site. Furthermore, as discussed above under threshold questions three through five, the Proposed Project does not exceed any regulatory thresholds and qualifies for a Class 32 categorical exemption. The Proposed Project is subject to conditions of approval and local, regional, and state regulations. No prior or successive projects in the Project Site vicinity are known or expected to occur over time that would result in cumulatively considerable impacts. The Proposed Project would not have a cumulative impact due to prior or successive projects of the same type in the same place, over time.
c. Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

The project calls for the construction of residential units in an urban, developed city. The project does not include any unusual circumstances. As discussed above under threshold questions three through five, the Proposed Project would not have any significant effect related to traffic, noise, air quality, water quality, and biological and cultural resources. The Proposed Project falls below regulatory thresholds and would adhere to all applicable regulations, such as the City’s Municipal Code.
d. Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.

The Department of Transportation (Caltrans) manages the State Scenic Highway Program and provides a State Scenic Highway Map tool on the Caltrans website.

According to the Caltrans State Scenic Highway Map tool, there are no scenic highways on or adjacent to the Project Site. The closest scenic highway is State Route (SR) 1, which is located approximately 6.7 miles southwest of the Project Site.

Additionally, according to the LHGP Conservation and Open Space Element, the Project Site is not designated as a scenic vista. The closest designated scenic vista is the Veeh Reservoir, which is located approximately 0.13-mile southeast of the Project Site. The Proposed Project does not propose any features that would interfere with scenic resources. Therefore, exception D is not applicable to the

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
53 Proposed Project.
e. Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

According to the California Environmental Protection Agency (CalEPA) and the Department of Toxic Control Substances (DTSC)’s Cortese List (Section 65962.5 of the Government Code) the Project Site is not located on the Cortese List or on any database of hazardous substance release sites, such as the EnviroStor database.

Therefore, exception E is not applicable to the Proposed Project. f. Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

As discussed in the Phase I Cultural Report (Appendix L), no archaeological resources were identified within the Project Site as a result of the CHRIS records search, NAHC Sacred Lands File search, informational letters and coordination to local tribes, or pedestrian survey by a qualified archaeologist. The Phase I Cultural Report’s research within the above-stated databases did not find the existing office building to be a historical resource based on California PRC Section 5020.1(j)’s definition of a historical resource. Further, significant portions of the Project Site have been disturbed by grading and the development of the existing office building and parking lot. Therefore, the Project Site is unlikely to contain intact buried archaeological deposits. Additionally, the Proposed Project is required by law to adhere to Section 7050.5 of the California Health and Safety Code, Title 14 Section 4308 of the California Administrative Code, and Section 5097.98 of the Public Resources Code. Therefore, exception F is not applicable to the Proposed Project.

CONCLUSION:

Therefore, based on the analysis above, the Proposed Project is classified as a Class 32 pursuant to CEQA Guidelines Section 15300 and is categorically exempt from CEQA.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
54 APPENDICES:

Appendix A Will-Serve Letters and ETWD Sewer Study
Appendix B Biological Resources Report, January 2026, South Environmental
Appendix C Project Trip Generation and Vehicle Miles Traveled (VMT) Screening Analysis and Gate Queuing Study (Traffic Study), January 8, 2026, RK Engineering Group, Inc.

Appendix D Noise Impact Study, January 22, 2026, RK Engineering Group, Inc.

Appendix E Air Quality, Greenhouse Gas, and Energy Study, January 8, 2026, RK Engineering Group, Inc.

Appendix F Health Risk Assessment, January 12, 2026, RK Engineering Group, Inc.

Appendix G Preliminary Water Quality Management Plan, January 15, 2025, Wilson Mikami
Appendix H Final Hydrology Report, October 2025, Wilson Mikami Appendix I Preliminary Geotechnical Investigation, August 15, 2024, LGC Valley Inc.

Appendix J OCFA Conditions of Approval
Appendix K Net Fiscal Impact Analysis, January 2025, Kosmont Appendix L Phase I Cultural Resources Report, September 2025, South Appendix M Phase I Environmental Site Assessment, May 10, 2024, Thornburgh Consulting, Inc.

Class 32 In-Fill Exemption
Toll Brothers Residential Development
23161 Mill Creek Drive
55 DETERMINATION:

The analysis adequately supports each criteria of the Class 32 – Infill Development Projects exemption.
_

El Toro Water District
“A District of Distinction”
Serving the Public – Respecting the Environment
P.O. Box 4000|Laguna Hills, CA 92654-4000|Phone 949.837.7050|Fax 949.837.7092 www.etwd.com
Board of Directors
Mike Gaskins
President
Kathryn Freshley
Vice President
Mark L. Monin
Director
Kay Havens
Director
Wyatt McClean
Director
General Manager
Dennis P. Cafferty
October 6, 2025
Toll Brothers
350 Commerce, Suite 200
Irvine, California 92602
Attn: Aylene Chu
Re: 23161, 23272, and 23282 Mill Creek Dr in Laguna Hills Sewer Study Ms Chu,
ETWD evaluated the impact of the proposed development at 23161, 23272, and 23282 Mill Creek Dr in Laguna Hills on its wastewater system. The development would add 82 dwelling units and divert flow to the existing 8-inch sewer main in Mill Creek Dr. Based on these assumptions, there is no impact to the collection system or the receiving lift station under both average dry weather and 10-year design storm conditions, and ETWD concurs that the developer has met its requirements for the entitlement phase of the project.

By signing below, the developer agrees to notify ETWD immediately if the number of dwelling units increases and/or if the tie-in location to the collection system changes substantially. In such cases, ETWD reserves the right to re-evaluate the revised impact on the sewer system at the developer’s expense.

Sincerely,
Hannah T. Ford, P.E.

Director of Engineering / District Engineer
The above is acknowledged by:

Aylene Chu, P.E.

Director of Land Entitlements

11296 BEACH BLVD. P.O. BOX 125, STANTON, CA 90680 WWW.CRRWASTESERVICES.COM March 21, 2025
Aylene Chu, P.E
Director of Land Management.

C/O Toll Brothers
Re: Will Serve Letter: 23161 Mill Creek Rd Project - Laguna Hills Dear Ms. Chu
In accordance with our agreement with the City of Laguna Hills, CR&R will provide solid waste and recycling services for the provided project. For additional information about our company, please visit www.crrwasteservices.com.

It is recommended for address numbers for each unit to be labeled on each container for easier identification.

Customer Service can assist with any coordination of service. Customer Service may be contacted at 714-372-8272.

Best,
Michael Leidelmeyer
Michael Leidelmeyer
Vice President,
So. Orange County
CR&R Incorporated
c: 951-453-0776
[email protected]

11296 BEACH BLVD. P.O. BOX 125, STANTON, CA 90680 WWW.CRRWASTESERVICES.COM

El Toro Water District
“A District of Distinction”
Serving the Public – Respecting the Environment
P.O. Box 4000|Laguna Hills, CA 92654-4000|Phone 949.837.7050|Fax 949.837.7092 www.etwd.com
Board of Directors
Mark L. Monin
President
Mike Gaskins
Vice President
Kathryn Freshley
Director
Kay Havens
Director
Fred Adjarian
Director
General Manager
Dennis P. Cafferty
7/31/2024
24035 El Toro Road
Laguna Hills, CA 92653
Attn: City of Laguna Hills Planning Department
Re: El Toro Water District Conditional Will Serve Commitment for address: 23161 Mill Creek, Laguna Hills
El Toro Water District (ETWD) is willing to provide Domestic Water, Sanitary Sewer and Recycled Water services to the subject project. The provisions of service are contingent upon the developer completing the necessary requirements in accordance with ETWD Rules and Regulations.

Further requirements for service may also include, but is not limited to, Sub Area Master Plan update, plan approval, facility construction, inspection, jurisdictional annexation, inspection fees, impact fees, easements, and quit claim documents.

This letter does not constitute a water supply verification, as required by California State Legislature of Senate Bill SB 610, or a water supply assessment, as required by California State Legislature of Senate Bill SB 221. If compliance with one or both of such requirements is necessary for the project, appropriate requests shall be submitted to ETWD. ETWD’s ability to serve is subject to limiting conditions, such as regulatory requirements, legal issues, or conditions beyond ETWD’s control.

Please contact ETWD Engineering Department for any questions by emailing [email protected].

Sincerely,
Hannah T. Ford, P.E.

Director of Engineering

1452 Edinger Ave, 3rd Floor
Tustin, CA 92780

July 18, 2024
Morrow Management
1130 Via Callejon
San Clemente, CA 92673
ATTN: Lauren Warner
RE: Will Serve Letter; 23161 Mill Creek Drive, Laguna Hills, CA Dear Ms. Warner,
This letter acknowledges that the project at 23161 Mill Creek Drive, Laguna Hills, CA is located in an area served by AT&T. Any service arrangements at this location will be subject to later discussions and agreements between the developer and AT&T. While AT&T has the capacity to serve the project, please be advised that this letter is not a commitment by AT&T to provide service to 23161 Mill Creek Drive, Laguna Hills, CA.

Please contact me at the phone number included in this letter with any questions.

Thank you for contacting AT&T.

Sincerely,
Bob Fleisher
Robert Fleisher
Manager (OSP) Planning and Engineering
(949) 229-9640
[email protected]
RF/rb

7/19/2024
Lauren Warner
Morrow Management
1130 Via Callejon
Requester Project: Utility Request
Project Name Toll Khoshbin Mill Creek
DOCK/PRISM Project Name: Mill Creek Drive
Conflict: NO
Thank you for your recent Utility Request to Charter Communications for: Toll Khoshbin Mill Creek Please review the attached maps for any possible conflicts with Charter facilities.

There ARE NO existing Charter aerial/or underground facilities within the project limits.

We have provided maps showing where our services are located but cannot make any comment on how to deal with possible conflicts during construction. This type of information should come from the Construction Manager, Supervisor or Construction Coordinator for the area in question.

If you should require any field meet or any further coordination of the project with Charter please contact the Construction Manager listed below.

Construction Manager Contact:

Lilly, Larry
Construction Manager - Zone 8
7142 Chapman Ave
Garden Grove, CA 92841
714-591-4883
[email protected]
If you have any questions about the maps provided, please contact [email protected].

This communication is for a project being handled by Charter Communications or Spectrum, a Charter Communications brand name, or Legacy Time Warner Cable. Email replies may come from CCI Systems.

Sincerely,
Dave Dolney
Dave Dolney
Sr. Manager, PACWEST Construction
Charter Communications
7337 Central Ave.

Riverside, CA 92504
San Clemente, CA 92673

1550 W Deer Valley Rd
Phoenix, AZ 85027
July 23, 2024
Lauren Warner
Morrow Management
1130 Via Collejon
San Clemente, CA 92673
Re: Toll Brothers Inc. Khoshbin Mill Creek
23161 Mill Creek Drive, Laguna Hills, CA
45 SFU residential units
Per your request, this is to advise you that Cox Communications may have facilities to provide broadband cable and other telecommunication services to the City of Laguna Hills, Orange County as per our franchise agreement.

Since this is a private single-family development, a service agreement may be required and in addition, an installation fee may be required to make services available to the community.

Please contact me at your earliest convenience so that we may discuss this project in more detail.

I can be reached at (623) 328-3217. I look forward to working with you and your company on this project.

Sincerely,
Yvonne Hitchcock-Dozer
Yvonne Hitchcock-Dozer
Account Executive
Cox Communications
623-328-3217

Will Serve Letter Only
Rev. 07/09/12 DS-125
Your project is located in Southern California Edison (SCE) service territory. SCE will serve the above subject project s electrical requirements per the California Public Utilities Commission and Federal Energy Regulatory Commission tariffs.

SCE may need to conduct utility studies, where applicable, to assess whether additions or modifications to the existing electric infrastructure are required to serve this project. Where applicable, SCE has attached Appendix (B) which not only describes the study, and permitting, but includes a Project Information Sheet that will need to be completed by you and submitted to SCE if your project is at a point where SCE has to determine the required electrical utility work. This Will-Serve letter does not imply that either: (i) these studies have been completed, or (ii) that any required California Environmental Quality Act (CEQA) analysis of project-related electric utility impacts has been conducted.

I am the SCE Design Representative currently assigned to this project. SCE or Applicant will design and construct all required electrical infrastructure to serve this project provided you enter into the applicable contractual agreements with SCE identify scope of electrical utility work required, and supply the following information:

Site plans as required
Required contracts and agreements (fully executed)
Applicable fees
Local permits
Required easement documents
Your project will be scheduled for construction once SCE has all the necessary information for your project and you have submitted or agreed to the applicable requirements as stated above, and paid any necessary fees.

If your project will not require SCE services, please notify us so that we can update our records.

SCE appreciates your business. If you have any questions, please feel free to call me at Sincerely,
SCE Design Representative
Enclosure: Appendix B, where applicable
714-403-0970

11296 BEACH BLVD. P.O. BOX 125, STANTON, CA 90680 WWW.CRRWASTESERVICES.COM March 21, 2025
Aylene Chu, P.E
Director of Land Management.

C/O Toll Brothers
Re: Will Serve Letter: 23161 Mill Creek Rd Project - Laguna Hills Dear Ms. Chu
In accordance with our agreement with the City of Laguna Hills, CR&R will provide solid waste and recycling services for the provided project. For additional information about our company, please visit www.crrwasteservices.com.

It is recommended for address numbers for each unit to be labeled on each container for easier identification.

Customer Service can assist with any coordination of service. Customer Service may be contacted at 714-372-8272.

Best,
Michael Leidelmeyer
Michael Leidelmeyer
Vice President,
So. Orange County
CR&R Incorporated
c: 951-453-0776
[email protected]

11296 BEACH BLVD. P.O. BOX 125, STANTON, CA 90680 WWW.CRRWASTESERVICES.COM

Biological Resources Report
23161 Mill Creek Drive, City of Laguna Hills, California Prepared For:

City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
Prepared By:

South Environmental LLC
2061 N. Los Robles Ave, #205
Pasadena, California 91104
Authors:

Dana Briggs - Biologist
Matthew South – Principal Biologist
September 2025

Biological Resources Report
23161 Mill Creek Drive
i December 2024
Table of Contents
Executive Summary ........................................................................................................................................................1 1 Project Overview ....................................................................................................................................................5

1.1 Project Location...........................................................................................................................................5

1.2 Site History ....................................................................................................................................................5

1.3 Existing Physical & Natural Geographic Site Features ..................................................................8

1.4 Proposed Development............................................................................................................................8

1.5 Characteristics of the Surrounding Area ......................................................................................... 10 2 Flora Assessment................................................................................................................................................. 12

2.1 Flora Literature Review........................................................................................................................... 12

2.2 Flora Field Methodology....................................................................................................................... 12

2.3 Flora Data Analysis .................................................................................................................................. 12

2.4 Project Impacts to Flora......................................................................................................................... 19 3 Wildlife Assessment........................................................................................................................................... 21

3.1 Wildlife Literature Review ..................................................................................................................... 21

3.2 Wildlife Field Methodology.................................................................................................................. 21

3.3 Wildlife Data Analysis ............................................................................................................................. 22

3.4 Project Impacts to Wildlife ................................................................................................................... 24 4 Wildlife Movement............................................................................................................................................. 27

4.1 Wildlife Movement Literature Review.............................................................................................. 27

4.2 Wildlife Movement Field Methodology........................................................................................... 27

4.3 Wildlife Movement Data Analysis ...................................................................................................... 27

4.4 Impacts to Wildlife Movement............................................................................................................ 28

4.5 Cumulative Impacts to Wildlife Movement.................................................................................... 28 5 Water Resources.................................................................................................................................................. 29

5.1 Water Resources Literature Review................................................................................................... 29

5.2 Water Resources Field Methodology ............................................................................................... 29

5.3 Water Resources Data Analysis........................................................................................................... 29

5.4 Impacts to Water Resources ................................................................................................................ 29

5.5 Cumulative Impacts to Water Resources ........................................................................................ 30

Biological Resources Report
23161 Mill Creek Drive
ii December 2024
6 Applicable Regulations and Permits............................................................................................................ 31

6.1 Regulations................................................................................................................................................. 31 7 Conclusions ........................................................................................................................................................... 33 8 References ............................................................................................................................................................. 36 Figures
Figure 1. Regional Location.........................................................................................................................................6 Figure 2. Project Vicinity...............................................................................................................................................7 Figure 3. Proposed Development.......................................................................................................................... 11 Figure 4. Plant Communities and Cover Types ................................................................................................. 14 Appendices
Appendix A: Photograph Exhibit
Appendix B: Special-Status Species Assessment
Appendix C: Literature Search
Appendix D: Biologist's Resume
Appendix E: Site Plan

Biological Resources Report
23161 Mill Creek Drive
1 September 2025
Executive Summary
Introduction: This report includes findings of a biological resources assessment conducted by South Environmental at 23161 Mill Creek Drive in the City of Laguna Hills, California. This report includes biological resources within the project site and surrounding 500 feet (study area). The 500 feet surrounding the property are referred to throughout this report as the “study area.” The 500 foot buffer area was chosen so indirect impacts from construction sound and vibration could be studied.

Proposed Development: The applicant proposes to redevelop an existing commercial lot currently developed with an office building and paved parking lot into a 43-townhome residential development at 23161 Mill Creek Drive in the City of Laguna Hills, California, for a total project footprint of 2.43 acres (Figure 3 and Appendix E). The proposed project is designed to include a concrete masonry block wall with cap or a mechanically stabilized earth wall surrounding the project site, a 3-foot 6-inch high steel cable guard rail along the western and southern project site boundaries, a 6-feet high split face block wall with precision cap in between each unit, and a 6-feet high tubular steel view fence along the northern and eastern project site boundaries. The entrance will include a 7-feet high cultured stone veneer entry wall with cap.

Plant Communities/Sensitive Natural Communities/Wildlife Habitat: The project would be constructed entirely on Developed/ Ornamental Landscaped (2.43-acres) cover type, which is not a sensitive natural community. Developments and ornamental landscaping are not habitat for specialstatus species as these species occur in native habitats. The project proposes development within areas already developed that do not support special-status species. The Hardstem and California Bulrush Marsh and California Sycamore Riparian Woodland plant communities are considered sensitive natural communities, and the marsh occurs 340 feet southeast of the Project Site and the woodland occurs 140 feet to the northeast of the Project Site. The Eucalyptus Grove community is 57 feet from the project footprint and Mill Creek Road buffers the area between the sensitive marsh and riparian woodland communities and the development. The Hardstem and California Bulrush community is 340 feet from the project footprint and Mill Creek road and the Eucalyptus Grove community buffer the area between this community and the development, and no impact is expected to occur. Similarly, there is Mill Creek Drive and existing developments between the riparian woodland and the project site that would create a buffer to any potential indirect impacts to this community. Therefore, no direct or indirect impact to native plant communities would result from the project because the project would be constructed on an existing development and the site is separated from any potential habitat areas by existing developments that would reduce or eliminate any potential indirect effects from construction and/or operation to a level that is insignificant.

Special-Status Plants: No special-status plants were observed on the project site, and it is unlikely that any would occur due to existing development and lack of native habitat. Of the 45 special-status plants known to occur in the region, only six had a low potential of occurring in the Hardstem and

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California Bulrush Marsh plant community and are unlikely to be found there. However, this habitat does not occur on the project site itself and has a buffer of the Eucalyptus Grove between the two areas and would be unaffected by the project. Plants offsite would not be affected by any indirect impacts as no new fuel modification or brush clearance is proposed, and the project construction noise and vibration would have no effect on offsite plants. Therefore, the project would have no direct or indirect impact on special-status plants.

Protected Trees: Trees protected under the Laguna Hills Tree Preservation Ordinance were observed in the study area. Based on the proposed development footprint, however, these trees are not within the project footprint or at risk of being damaged/ removed for the proposed development because they are not in the impact areas. Therefore, the project will not impact protected trees.

Special-Status Wildlife: The proposed construction footprint of 2.43-acres will be on an existing developed/ ornamental landscaped area. The staging would occur on the project site also where the existing parking lots occur. These impacts would occur in disturbed areas where special-status species habitat is absent, and no special-status species would occur. The remaining native habitat within the study area is already highly disturbed by the surrounding developments and the resulting fragmentation and invasive species, and the project would have no effect on these areas as they are separated from the project site by Mill Creek Road. Indirect impacts from construction or operation of the project would not occur to the offsite native habitats as there are existing barriers such as Mill Creek and buildings and parking areas that separate the project site from these areas, and the separation acts as a buffer to any potential construction or operational impacts in these offsite area.

No new fuel modification is proposed and lighting would not occur so indirect impacts would not occur. Because the project impacts, both construction and operational, will occur on areas unable to support special-status species and are not considered native wildlife habitats as a result of the disturbance, the project would have no impact on habitat for special-status wildlife.

No special-status wildlife species were observed during the field visit, likely due to the presence of developed/ ornamental landscaped areas and disturbance of the remaining native habitat. Of the 64 special-status animals known to occur in the region, four had a medium potential of occurring within the Eucalyptus Grove habitat, the California Sycamore Riparian Woodland habitat, Veeh’s Reservoir and/or the Hardstem and California Bulrush Marsh habitat. These species include tricolored blackbird (Agelaius tricolor), southwestern pond turtle (Actinemys pallida), Cooper’s hawk (Astur cooperii), and yellow warbler (Setophaga petechia). The project would have no impact on these areas or marsh habitat or water features within or near the study area. In addition, no new fuel modification would occur. As described above the project would have not direct or indirect impacts to the potential native habitat for these species in offsite areas.

Cooper’s hawk is not yet considered rare, threatened, or endangered and is a watchlist species, which indicates that it is not yet at in a position where the project could have a significant impact per CEQA.

Cooper’s hawk could perch on trees on the project site but is more likely to nest near the reservoir as

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there is no foraging habitat on the project site and it is abundant at the reservoir. The project would avoid impacts to nesting birds (including potential Cooper’s hawk nests within the buffer area) as discussed below in Section 3.4.3 and would avoid any impacts to Cooper’s hawk if perching or nesting on the site during construction. Required regulatory compliance with the MBTA and nesting bird survey described below would ensure that impacts to Cooper’s hawk would be avoided.

Therefore, the project would have no impact on special-status wildlife because no native habitat would be impacted and impacts to special-status species would be avoided or less than significant in the case of the Cooper’s hawk.

There is the potential for nesting birds — including migratory Birds of Conservation Concern (BCC) and Cooper’s hawk. Compliance with applicable law would avoid impacts to nesting birds.

Wildlife Movement: Due to the surrounding developments, barriers, and human presence, there is low potential for wildlife to be found moving through the project site. The project would occur on Developed/ Ornamental Landscape cover and would not result in a loss of native habitats or areas important for wildlife movement. No new fuel modification is proposed and impacts direct or indirect would not occur to the movement areas east of the project site at Veeh’s Reservoir. The project will not impact any of the water features within the study area, which are not directly adjacent to the project site and are separated from the project site by other developments. Additionally, new barriers such as proposed walls and lighting are not in any existing movement area and no wildlife would be deterred by the project. Therefore, there will be no impacts to wildlife movement from project development.

Water Resources: There are water resources within the study area including Veeh Reservoir and nearby riverine/ wetland habitats adjacent to the reservoir, but none on the project site itself. As mentioned, these water features are already heavily disturbed by the surrounding developments and modifications to their banks and inflow/outflow and are highly contained. These wetlands and aquatic resources are outside of the proposed impact areas and would be unaffected by the development.

Additionally, there are other developments, such as roads and commercial buildings creating a buffer zone between these water features and the project site that would prevent encroachment or impacts from the proposed development. Therefore, project development will have no impact on water resources.

Cumulative Impact: The project would avoid impacts to protected biological resources. Therefore, the project would not contribute to any cumulative impacts to protected biological resources in the region.

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Conclusion: Based on the analysis in this report, the proposed redevelopment of a commercially developed parcel into a residential community with associated structures and ornamental landscaping at 23161 Mill Creek Dr. would not result in any impacts to biological resources in the City of Laguna Hills.

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1 Project Overview
This report includes the findings of a Biological Resources Assessment (BRA) conducted by South Environmental for a proposed redevelopment of an office building location into single-family detached homes at 23161 Mill Creek Drive in the City of Laguna Hills, California. The purpose of this report is to identify and characterize biological resources that occur on the project site and surrounding 500 feet , quantify and assess potential impacts to protected biological resources. The 500 feet surrounding the property are referred to throughout this report as the “study area”. The 500 foot buffer area was chosen so indirect impacts from construction sound and vibration could be studied. The scope of this report includes a description of the proposed development, methods used to assess the biological resources, the environmental setting including technical characterizations and maps of vegetation communities, an assessment of the potential for special-status plants and animals to occur on the study area, a description of the regulatory setting and, an analysis of the potential for the project to impact biological resources according to the thresholds of the California Environmental Quality Act (CEQA).

Representative photographs of the study area are in Appendix A.

1.1 Project Location
The project site is located at 23161 Mill Creek Dr. and includes one parcel (Assessor Parcel Number [APN] 588-142-07) on the San Juan Capistrano United State Geological Survey (USGS) 7.5-minute quad in Section 29 of Township 6 South and Range 8 West San Bernardino Principal Meridian. The project site includes approximately 2.43 acres located on Mill Creek Drive in the City of Laguna Hills, Orange County, California (Figure 1 and Figure 2). Relative to the project site, Highway 5 is approximately 0.72- miles to the northeast, Highway 73 is approximately 2.65-miles to the south, and Highway 133 is approximately 1.20-miles to the west. Photographs of the study area are shown in Appendix A.

1.2 Site History
The parcel is currently fully developed into a commercial lot with an office building, a paved parking lot, and ornamental landscaping that is adjacent to other office and commercial buildings. The surrounding area is also mostly developed with other commercial buildings, a residential neighborhood to the west, parking lots, and roadways. Accompanying structures in the area include roadways, parking lots, driveways, and ornamentally landscaped areas that are extensions of surrounding developments.

Source: ESRI USA Topo Maps and World Topo Map 2024
Figure 1. Regional Location
¯
0 1,000 2,000 Feet
Project Location is within Laguna Hills, California, in Orange County on the USGS San Juan Capistrano 7.5-minute quadrangle map in Section 29 of Township 06 South and Range 08 West
Center Coordinate (Decimal Degrees):

Latitude: 33.6241863N Longitude: -117.7354765W
Project Site Scale: 1:24,000
Study Area (500-Foot Buffer)
23161 Mill Creek Project

Veeh Ranch
Park
Source: Bing Aerial Imagery 2024
Figure 2. Project Vicinity
¯
0 180 360 Feet
Project Site Scale: 1:3,600
Study Area (500-Foot Buffer)
California Protected Area Database (CPAD)
USFWS - National Wetlands Inventory (NWI)
23161 Mill Creek Project

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1.3 Existing Physical & Natural Geographic Site Features Regionally, the project site is in south Orange County approximately 7.00-miles inland of the Pacific Ocean. The project site is within a developed urban setting with an existing development throughout the entire project site that includes an office building, a parking lot, and ornamental landscaping. The site is also surrounded by dense urban development with similar commercial buildings, parking lots, and urban parks to the south, east, and north; and a residential neighborhood to the west. There are a few water features in the study area including a riverine habitat approximately 350-feet to the north, a freshwater forested/shrub wetland approximately 200-feet to the east that is connected to Veeh Reservoir (which is a developed and maintained reservoir) approximately 460-feet southeast of the project site, and Laguna Coast Wilderness Park approximately 1.10-miles to the west outside of the study area. Because these water features are within highly urbanized areas, they have been modified with concrete containment and developed reservoir infrastructure and are heavily impacted by surrounding developments. Besides the water features mentioned above, the study area surrounding the project site is fully developed with asphalt/ concrete, buildings, and ornamental landscaping.

The project site is on a slight slope with an elevation of approximately 266-feet above mean sea level (amsl) near the northern edge and slopes upward to 316-feet amsl near the south end (USGS 2024b).

The climate in the region is Mediterranean, with average summer high temperatures (°F) in the low80s and average winter lows in the mid-40s. Average yearly rainfall is 14-inches, and the wettest months are December – March, and almost no precipitation between June-August.

The geology of the site is comprised of one formation, the Sespe Formation. This formation is a widespread fossiliferous sedimentary geologic unit a metamorphosed marine sedimentary rock, which was formed during the Miocene era.

Two soil types occur on the project site (USDA/NRCS 2024):
• Alo variant clay, 15 to 30 percent slopes, occurs on 100% of the project site and the western/ southern region of the study area. This soil is often found on hills/ backslopes and is welldrained. • Alo variant clay, 30 to 50 percent slopes, occurs in the northern and eastern edges of the study area. This soil is often found on hills/ backslopes and is well-drained.

1.4 Proposed Development
The proposed project consists of the demolition of the existing office building and associated surface parking lot and landscaping to construct 36 single-family attached condominium residential units, parking, on-site roadways, and associated infrastructure at a density of 14.8 dwelling units per acre (du/ac). Two units will be deed-restricted for very low-income households, while the remaining 34 units are designated as above-moderate income. The proposed project would be constructed on the 2.43-

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acre parcel located at 23161 Mill Creek Drive. The project site has a City of Laguna Hills General Plan land use designation of Mixed Use and is zoned MXU – Mixed Use.

Architecture
The 36 residential units will feature two plan types – Plan 1 and Plan 2. Each plan type will feature four bedrooms and four bathrooms. Eighteen (18) units will consist of Plan 1, which has a total unit area of 1,991 square feet, while the remaining 18 units will consist of Plan 2, which will have a total unit area of 2,033 square feet. The proposed project has a density of 14.8 du/ac, 64 percent maximum lot coverage, 300 feet minimum lot width, and 360 feet minimum lot depth. The proposed project will also build to a minimum setback of 20 feet to the front, five feet to the side (interior), 20 feet to the side street, and 7.5 feet to the rear. The proposed project also includes 14,500 square feet of private open space in the form of balconies and private yards.

Landscaping
The proposed project includes a landscape coverage of 20 percent and a minimum building separation of 6.5 feet. Landscaping will be distributed throughout the project site in the form of large accent trees, medium accent trees, perimeter screening trees, small accent trees, shrub and groundcover, and vines and espaliers.

Walls/Fences
The proposed project is designed to include a concrete masonry block wall with cap or a mechanically stabilized earth wall surrounding the project site, a 3-foot 6-inch high steel cable guard rail along the western and southern project site boundaries, a 6-feet high split face block wall with precision cap in between each unit, and a 6-feet high tubular steel view fence along the northern and eastern project site boundaries. The entrance will include a 7-feet high cultured stone veneer entry wall with cap.

Utilities
The proposed project includes a series of area drains and catch basins to collect street flow. The southern half of the project site drains out to Mill Creek Drive through a proposed parkway culvert near the proposed driveway. The north half of the project site drains out to Mill Creek Drive through a second proposed parkway culvert near the northeast corner of the project site.

Parking/Site Access
The proposed project is designed to provide 90 parking spaces based on the combination of spaces in attached garages and uncovered parking stalls. Access to the project site is proposed via one fullaccess gated driveway along Mill Creek Drive. The existing driveway at the project site will be modified to include a gate entry with call box, a monument signage wall, separate entrance and exit points, and

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fire lane entrance signs. The driveway will be a minimum of 40 feet wide and features a gated entry and exit.

The proposed development is shown in Figure 3 and in Appendix E.

1.5 Characteristics of the Surrounding Area
The project is embedded in a developed community with commercial and residential developments in all directions in a somewhat hilly landscape with relatively little open green space in the surrounding area. Although most of the surrounding area is developed, there are some waterways in the study area that have been modified or impacted by surrounding urban development, but none are directly adjacent to the project site itself. The Veeh Reservoir creates a freshwater pond habitat with some riverine and freshwater forested/shrub wetland habitat just outside of the reservoir. The zoning in the area is for residential and commercial developments including single-family dwellings, office buildings, and retail shops. Further out from the study area is San Diego Creek 0.63-mile to the north and Laguna Coast Wilderness Park 1.0-mile to the west within Emerald Canyon. Landmarks in the area include Veeh Ranch Park 0.06-miles to the north, Laguna Woods Village Golf Course located 0.50-mile to the southeast, and the Irvine Spectrum Center 2.21-miles to the north.

Source: Bing Aerial Imagery 2024
Figure 3. Proposed Development
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0 46.25 92.5 Feet
Scale: 1:900
23161 Mill Creek Project
Project Site
Townhome Residential Development with Landscaping

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2 Flora Assessment

2.1 Flora Literature Review
The assessment of the flora of the project site began with a review of literature relating to the flora that is known to occur near the study area. The California Department of Fish and Wildlife (CDFW) California Natural Diversity Database online was reviewed to identify special-status plants and natural communities (CDFW 2024a) that have previously been recorded in the United States Geological Survey (USGS) San Juan Capistrano 7.5” quad in which the project site is located, and the seven surrounding USGS 7.5” quads: Laguna Beach, Tustin, El Toro (formerly Lake Forest), Santiago Peak, Canada Gobernadora, San Clemente, and Dana Point. Additional resources that were included in the review:
• A Manual of California Vegetation Online. California Native Plant Society CNPS 2024a) • Inventory of Rare and Endangered Plants of California online (CNPS 2024b) • Google Earth online (Google 2024)

2.2 Flora Field Methodology
South Environmental conducted a field reconnaissance on November 25, 2024, to identify biological resources including plant communities and plant species. A 500-ft radius from the project site was drawn in ARCGIS to clearly delineate the project site and surrounding buffer study area. The most important plants were observed and recorded on the study area and identified to species except for species that could not be identified because of condition (dried out), lack of floral parts, or lack of access to an area (e.g., private property). Plant communities were identified according to California Natural Community List (most recent list is June 1, 2023) and mapped in ARCGIS.

When applicable, the field surveys complied with the Survey of California Vegetation (SCV) Classification and Mapping Standards (CDFW 2022) and the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018).

Species that could not be identified in the field were identified with digital photos and plant specimens using the Jepson Manual Vascular Plants of California (Baldwin et al., 2012) and other botanical sources.

2.3 Flora Data Analysis
The survey for biological resources at 23161 Mill Creek Dr. was conducted on November 25, 2024, during the morning by biologist Dana Briggs. The weather was cloudy with a temperature between 61-62° F, no precipitation, 1 mph wind. A total of 17 plant species were identified on the study area; three are native to this region of California: common duckweed (Lemna minor), western sycamore (Platanus racemosa), and California bulrush (Schoenoplectus californicus) and 14 of the observed plants were non-native due to the ornamental landscaping and disturbed regions throughout the

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study area, including five invasive species. All plants observed are listed in Table 1. Species marked with a dagger (†) are native species; species marked with an asterisk (*) are considered as non-native invasive plants by the California Invasive Plant Council (Cal-IPC 2024).

Table 1. Summary of Plants on Study Area
Scientific name Common Name CRPR On parcel?
Acacia melanoxylon *Blackwood -- No
Agave americana Century plant -- Yes
Agave attenuate Foxtail agave -- Yes
Bougainvillea glabra Bougainvillea -- Yes
Carya ovata Shagbark hickory -- No
Corymbia citriodora Lemon-scented gum -- No
Hedera canariensis *Algerian ivy -- Yes
Hesperaloe parviflora Red yucca -- Yes
Lantana camara *Lantana -- Yes
Lemna minor +Common duckweed -- No
Ligustrum japonica Japanese privet -- Yes
Magnolia grandiflora Southern magnolia -- Yes
Oxalis pes-caprae *Bermuda buttercup -- Yes
Pinus canariensis Canary island pine -- No
Platanus racemosa +Western sycamore -- No
Schinus molle *Peruvian peppertree -- No
Schoenoplectus californicus +California bulrush -- No
* Indicates non-native invasive species
+ Indicates native species

2.3.1 Plant Communities
The study area is made up of two cover types and four plant communities as shown in Figure 4 and summarized in Table 2. There are no native plant communities or habitats on the project site as it is fully developed. Global and State rarity rankings for plant communities stated below range from 1 to 5, with rankings 1-3 being considered rare.

Source: Bing Aerial Imagery 2024
Figure 4. Plant Communities and Land Cover
¯
0 150 300 Feet
Project Site Scale: 1:3,000
Study Area (500-Foot Buffer)
Proposed Development Footprint
California Sycamore Riparian Woodland
Developed / Ornamentally Landscaped
Duckweed Blooms
Eucalyptus Grove
Hardstem and California Bulrush Marsh
Veech Reservoir
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Table 2. Summary of Plant Communities and Cover Types
Plant Community/Cover
Type
Acres on
Study Area
Acres on
Project
Site
Acres
Impacted by
Project
Impacts from
New Fuel
Modification
Global/State
Rank*
Developed/ Ornamental 31.96 2.43 2.43 0 N/A
Landscaped
Veeh Reservoir 0.18 0 0 0 N/A
Hardstem and California
Bulrush Marsh

0.13 0 0 0 GNR/S3S4
California Sycamore
Riparian Woodland

0.40 0 0 0 G3/S3
Duckweed Blooms 0.19 0 0 0 G5/S4?
Eucalyptus Grove 2.66 0 0 0 GNA/SNA
Total 35.52 2.43 0 0 -
* G3 = Vulnerable — At moderate risk of extinction or collapse due to a fairly restricted range, relatively few populations or occurrences, recent and widespread declines, threats, or other factors G5 = Secure — At very low risk or extinction or collapse due to a very extensive range, abundant populations or occurrences, and little to no concern from declines or threats.

GNA = Not Applicable — A conservation status rank is not applicable because the species or ecosystem is not a suitable target for conservation activities. A global conservation status rank may be not applicable for several reasons, related to its relevance as a conservation target. For species, typically the species is a hybrid without conservation value, or of domestic origin. For ecosystems, the type is typically non-native (e.g. many ruderal vegetation types), agricultural (e.g. pasture, orchard) or developed (e.g. lawn, garden, golf course).

GNR = Unranked — Global rank not yet assessed.

N/A = Not Applicable as it is not a naturally occurring plant community.

S3 = Vulnerable— At moderate risk of extirpation in the jurisdiction due to a fairly restricted range, relatively few populations or occurrences, recent and widespread declines, threats, or other factors.

S4 = Apparently Secure— At a fairly low risk of extirpation in the jurisdiction due to an extensive range and/or many populations or occurrences, but with possible cause for some concern as a result of local recent declines, threats, or other factors.

S#? = Inexact Numeric Rank—Denotes inexact numeric rank.

S# = Range Rank —A numeric range rank (e.g., S2S3 or S1S3) is used to indicate any range of uncertainty about the status of the species or ecosystem. Ranges cannot skip more than two ranks (e.g., SU is used rather than S1S4).

SNA = Not Applicable —A conservation status rank is not applicable because the species or ecosystem is not a suitable target for conservation activities
Developed/ Ornamental Landscaped
A Developed/Ornamental cover type occurs on 31.96-acres of the study area including 2.43-acres of the project site where the proposed development would occur. The Developed Area includes the current office building and surrounding parking lot in the project site, as well as other commercial buildings, single-family houses, and roadways within the study area. The Ornamental Landscaped cover type has a diversity of non-native ornamental trees, shrubs, and forbs throughout the landscaped portions of the parcel and surrounding neighborhood including Japanese privet (Ligustrum japonica),

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lantana (Lantana camara), bougainvillea (Bougainvillea glabra), foxtail agave (Agave attenuate), red yucca (Hesperaloe parviflora), lemon-scented gum (Corymbia citriodora), southern magnolia (Magnolia grandiflora), Algerian ivy (Hedera canariensis), Peruvian peppertree (Schinus molle), blackwood (Acacia melanoxylon), shagbark hickory (Carya ovata), Bermuda buttercup (Oxalis pescaprae), and Canary Island pine (Pinus canariensis), as well as a few native species including western sycamore (Platanus racemosa). These areas are highly disturbed due to the presence of human development, frequent landscaping maintenance, and high presence of non- native and invasive plants. Therefore, special-status species are not expected to occur in this cover type.

Veeh Reservoir
Veeh Reservoir occurs on 0.18-acres of the study area southeast of the project site, but not the project site itself. This palustrine freshwater pond has a man-made barrier that keeps this water feature permanently flooded. The banks are dominated by native California bulrush marsh habitat (discussed below), but the habitat borders end abruptly by concrete and other human developments with no other high-quality native habitats adjacent to this water feature. This cover type is highly disturbed due man-made modifications to the water feature, surrounding human developments, and high presence of non-native and invasive plants. Therefore, special-status species have a low potential to occur in this cover type.

Hardstem and California Bulrush Marsh
A Hardstem and California Bulrush Marsh occurs on 0.13-acre of the study area southeast of the Project Site, but not the project site itself. This native community extends along the banks of Veeh Reservoir and the riverine and freshwater forested/shrub habitats connected to this water feature in the northeastern study area. California bulrush is dominant in the shrub layer, and the tree layer is mostly open with lemon-scented gum trees present. This plant community is surrounded by developments and subject to fuel modification as per Orange County Fire Department regulations to reduce fuel load within 170-feet of structures. No other native species were observed within the plant community due to fencing and private properties surrounding the habitat and limiting access, but it is possible that other native species would occur within this community. This community has a global/ state rarity rank ranking of GNR/S3S4, which is not ranked at the global level, but its state rarity rank is a range between S3 (vulnerable) and S4 (apparently secure) because there is uncertainty about the status of this community. Therefore, this community will be considered rare based on its state rarity ranking.

California Sycamore Riparian Woodland
California Sycamore Riparian Woodland occurs on 0.40-acres of the study area northeast of the Project Site, but not the project site itself. This native community extends along the riverine and freshwater forested/shrub water feature in the northeastern study area. California sycamore (Platanus racemosa) is dominant in the shrub layer, and the tree layer is mostly open with lemon-scented gum trees present

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as well. This plant community is surrounded by developments and subject to fuel modification as per Orange County Fire Department regulations to reduce fuel load within 170-feet of structures. No other native species were observed within the plant community due to fencing and private properties surrounding the habitat and limiting access, but it is possible that other native species would occur within this community. This community has a global/ state rarity rank ranking of G3/S3, which is considered vulnerable at the global/state level. This plant community is highly disturbed due manmade modifications to the water feature, surrounding urban developments, and high presence of nonnative and invasive plants. Therefore, special-status species have a low potential to occur in this plant community.

Duckweed Blooms
Duckweed Blooms occurs on 0.19-acres of the study area, but not the project site itself. This native community extends along the riverine water feature in the northern study area and freshwater forested/shrub water feature in the northeastern study area. Duckweed (Lemna minor) is dominant in the surface layer of the water, which was very still. Other nearby plants observed included Peruvian peppertrees along the banks of the riverine habitat. This plant community is surrounded by developments and subject to fuel modification as per Orange County Fire Department regulations to reduce fuel load within 170-feet of structures. No other native species were observed within the plant community due to fencing and private properties surrounding the habitat and limiting access, but it is possible that other native species would occur within this community. This community has a global/ state rarity rank ranking of G5/S4?, which is not considered rare at the global or state level. The CNDDB uses a question mark to represent a rank qualifier, denoting an inexact or uncertain numeric rank, and while the number of S4 indicates the species is currently believed not be at risk there is some uncertainty about this finding. This plant community is highly disturbed due man-made modifications to the water feature, surrounding urban developments, and the high presence of non-native and invasive plants. Therefore, special-status species have a low potential to occur in this plant community.

Eucalyptus Grove
A Eucalyptus Grove occurs on 2.66-acres of the study area, but not the project site itself. This seminative community extends along riverine and freshwater forested/shrub water features connected to Veeh Reservoir in the eastern study area. Lemon-scented gum is the dominant species in the tree layer, but the community is disturbed by the surrounding ornamental landscaping and has St. Augustine grass (Stenotaphrum secundatum) in the understory. Because it is not a native community, it is not considered rare or threatened habitat for sensitive species. Additionally, it is not within the Coastal Zone, so it is not expected to host monarch butterfly for overwintering.

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2.3.2 Special-Status Plants
According to the literature analysis presented in Appendix B, there are 45 special-status plants known to occur in the region. No special-status plants were observed on the project site during the field visit and none are expected to occur due to the level of development and the lack of native habitats. There is only a low potential for a few special-status plants to occur in the Hardstem and California Bulrush Marsh habitat within the study area, but not the project site itself due to the developments and lack of native habitat. Due to the low potential for occurrence these species are considered unlikely to occur and would be unaffected by the project as they are likely absent and the project would not have any impact on the bulrush marsh, which is separated from the project impact areas by Mill Creek Road. No special-status plant species have been recorded for the site previously and included in the CNDDB or database of the CNPS. The site is not within designated Critical Habitat for any plant species (USFWS 2024b). The following six plants had a low potential to occur within the California Bulrush Marsh in the study area: southern tarplant (Centromadia parryi ssp. Australis), Los Angeles sunflower (Helianthus nuttallii ssp. parishii), California satintail (Imperata brevifolia), mud nama (Nama stenocarpa), Gambel's water cress (Nasturtium gambelii), San Bernardino aster (Symphyotrichum defoliatum).

2.3.3 Sensitive Plant Communities
CDFW 2018 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities defines sensitive natural communities as those that are “of limited distribution statewide or within a county or region and are often vulnerable to environmental effects of projects.” CDFW considers a natural community sensitive if it has a Global or State rarity rank of 1- 3, which includes communities that are vulnerable (G3/S3), imperiled (G2/S2), and critically imperiled (G1/S1). CDFW uses the alliances and groups described in the Manual of California Vegetation Online to characterize California’s natural communities and provides the California Natural Communities List online to list the current global and state rarity rank for each natural community characterized in the Manual. The Hardstem and California Bulrush Marsh has a state rarity range ranking of S3S4, which may be vulnerable because there is uncertainty about the status of this community. As mentioned, this community is within the study area, but not the project site itself. The California Sycamore Riparian Woodland has a global/state rank of G3/S3, which is considered vulnerable. This community also lies within the study area, northeast of the project site itself. (CNPS 2024a)

2.3.4 Protected and Significant Trees/Shrubs
The City of Laguna Hills has established “Laguna Hills Municipal Code City Tree Ordinance” (Laguna Hills 2025). Under this ordinance, no person, other than the City, is authorized to trim, damage, or remove public (city-owned) trees without an appropriate permit. There are protected public trees within the study area along the public roads (such as Mill Creek Drive) and at Veeh Ranch Park 200-

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feet northwest of the project site , but not on the project site. Protected public trees include those on “any public highway, street, easement, way, place, alley, sidewalk, park, square, plaza, open space, creek, public facility, or any other similar public property owned by the city”.

2.4 Project Impacts to Flora

2.4.1 Impacts to Native Plant Communities/Sensitive Natural Communities The project would be constructed entirely on Developed/ Ornamental Landscaped (2.43-acres) cover type, which is not a sensitive natural community. Developments and ornamental landscaping are not habitat for special-status species as these species occur in native habitats. The project proposes development within areas already developed that do not support special-status species. The Hardstem and California Bulrush Marsh and California Sycamore Riparian Woodland plant communities are considered sensitive natural communities, and the marsh occurs 340 feet southeast of the Project Site and the woodland occurs 140 feet to the northeast of the Project Site. The Eucalyptus Grove community is 57 feet from the project footprint and Mill Creek Road buffers the area between the sensitive marsh and riparian woodland communities and the development. The Hardstem and California Bulrush community is 340 feet from the project footprint and Mill Creek road and the Eucalyptus Grove community buffer the area between this community and the development, and no impact is expected to occur. Similarly, there is Mill Creek Drive and existing developments between the riparian woodland and the project sit that would create a buffer to any potential indirect impacts to this community. Therefore, no direct or indirect impact to native plant communities would result from the project because the project would be constructed on an existing development and the site is separated from any potential habitat areas by existing developments that would reduce or eliminate any potential indirect effects from construction and/or operation to a level that is insignificant.

2.4.2 Impacts to Special-Status Plants
No special-status plants were observed on the project site, and it is unlikely that any would occur due to existing development and lack of native habitat. Of the 45 special-status plants known to occur in the region, only six had a low potential of occurring in the Hardstem and California Bulrush Marsh plant community and are unlikely to be found there. However, this habitat does not occur on the project site itself and has a buffer of the Eucalyptus Grove between the two areas and would be unaffected by the project. Plants offsite would not be affected by any indirect impacts as no new fuel modification or brush clearance is proposed, and the project construction noise and vibration would have no affect on offsite plants. Therefore, the project would have no direct or indirect impact to special-status plants.

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2.4.3 Impacts to Protected and Significant Trees and Shrubs Trees protected under the Laguna Hills Tree Preservation Ordinance were observed in the study area.

Based on the proposed development footprint, however, these trees are not within the project footprint or at risk of being damaged/ removed for the proposed development. Therefore, the project will not impact protected and significant trees/ shrubs.

2.4.4 Cumulative Impacts to Flora
The project would not result in any impacts to protected flora. Therefore, the project would not result in cumulative impacts to flora in the region.

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3 Wildlife Assessment

3.1 Wildlife Literature Review
The assessment of the wildlife of the study area began with a review of literature relating to the fauna that is known to occur near the study area. The CDFW California Natural Diversity Database online (CDFW 2024a) was reviewed to identify special-status animals that have been previously recorded in the USGS San Juan Capistrano 7.5” quad in which the project site is located, and the seven surrounding USGS 7.5” quads: Laguna Beach, Tustin, El Toro (formerly Lake Forest), Santiago Peak, Canada Gobernadora, San Clemente, and Dana Point (CDFW 2024a). Additional resources that were included in the review:
• United States Fish and Wildlife Service (USFWS) Environmental Conservation Online System (ECOS) Information for Planning and Consultation (IPaC) (USFWS 2024a) • CDFW California Wildlife Habitat Relationships (CWHR) life history accounts and range maps online (CDFW 2024b)
• Bird species protected by the Migratory Bird Treaty Act (MBTA)

3.2 Wildlife Field Methodology
South Environmental conducted a field visit of 23161 Mill Creek Drive to identify any biological resources present including endangered and threatened wildlife. A 500-ft radius from the project site was drawn in ARCGIS to clearly delineate the project site and surrounding buffer study area. The 500 foot buffer area was chosen so indirect impacts from construction sound and vibration could be studied. During this field visit, data were collected on animal species present on the project site and the overall study area.

Wildlife including mammals, reptiles, amphibians, and birds was observed and recorded on the study area and identified to species level. Animals were detected and identified via direct sighting, scat, calls, or based on discussion with people living in the area. Direct sightings of animals were with the naked eye or with binoculars when necessary. Binoculars were used to try and view wildlife in private areas where access was prohibited. Since wildlife moves swiftly, observation time of the animal was limited in some cases. In these instances, identification of the wildlife at the taxonomic level of species was not always possible and the wildlife was identified at the level of genus or animal group (e.g., hummingbird). When a special-status animal was detected, habitat conditions were documented including characterization of the animal’s associated vegetative community and abiotic factors (e.g., soils).

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3.3 Wildlife Data Analysis

3.3.1 Wildlife Field Survey
During the field visit by South Environmental on November 25, 2024, a few common wildlife species were observed in the study area and are summarized in Table 3 below. Due to the high degree of development and urbanization in the study area, there were relatively few wildlife observations on the project site itself.

Table 3. Summary of Wildlife on Study Area
Scientific Name Common name Taxonomic
Group
Status
Apis mellifera* European honeybee Insect --
Corthylio calendula ruby-crowned kinglet Bird --
Corvus
brachyrhynchos
American crow Bird --
Junco hyemalis dark-eyed junco Bird --
Leiothlypis celata orange-crowned
warbler
Bird --
Melozone crissalis California towhee Bird --
Psaltriparus minimus bushtit Bird --
Sayornis nigricans black phoebe Bird --
Selasphorus sasin Allen’s hummingbird Bird --
Setophaga coronata yellow-rumped warbler Bird --
Tyrannus vociferans Cassin’s kingbird Bird --
*non-native species

3.3.2 Special-Status Wildlife
No special-status animals were observed during the field visit and there was no other evidence of special-status animals, for example, tracks, scat, carcasses, or bones at the site. According to the literature analysis using the CNDDB database as presented in Appendix B, there are 64 special-status animals known to occur in the none quad search area. One special-status wildlife species, tricolored blackbird (Agelaius tricolor), has been recorded to the CNDDB in the Veeh Reservoir to the southeast of the project site. However, special-status wildlife is unlikely to occur on the project impact areas as they are either developed or disturbed and isolated from higher quality habitat. Of the 64 specialstatus animals known to occur in the search area, four had a medium potential of occurring within the Hardstem and California Bulrush Marsh habitat adjacent to riverine, forested wetland, and reservoir water features:

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Tricolored Blackbird (Agelaius tricolor)
Tricolored blackbird is state-listed as threatened, a CDFW species of special concern, an IUCN endangered species, and USFWS bird of conservation concern. This bird was recorded within the Veeh Reservoir to the CNDDB in 1986-1987 when a colony of 100+ individuals was recorded and had been present for 2-3 years prior. However, this species has not been observed there since and there are no recent CNDDB or eBird records of this species occurring at Veeh Reservoir. It is likely that this species does not have a nesting colony at this location any longer as the CNDDB data describes that the species was not observed during surveys conducted in 2014. Nonetheless, it is possible the species could return because the level of development currently on the Study Area is similar to the development in the 1980s when this species was observed in the area. This species has a medium/low potential to occur within the Hardstem and California Bulrush Marsh habitat or California Sycamore Riparian Woodland habitat adjacent to Veeh Reservoir and riverine habitats in the study area. This species would not be found on the project site.

Southwestern Pond Turtle (Actinemys pallida)
Southwestern pond turtle is a proposed threatened species at the federal level and CDFW species of special concern. This reptile is often found in freshwater habitats with abundant vegetation and areas for basking, such as Veeh Reservoir in the southeastern study area. However, this habitat is highly disturbed by the surrounding developments and is not adjacent to other high-quality habitats.

Southwestern pond turtle has a medium potential to occur within Veeh Reservoir, but not on the project site itself.

Cooper’s Hawk (Astur cooperii)
Cooper’s hawk is a CDFW watchlist species that nests in open, interrupted, or marginal type riparian woodland and canyon bottoms. This bird was recorded to eBird at Veeh’s Reservoir in 2024. It could nest within the Eucalyptus Grove or California Sycamore Riparian Woodland within the study area because it is adjacent to Veeh Reservoir and riverine habitats in the study area. However, the trees on the project site are less desirable as there is no foraging area and it is more likely that the Cooper’s Hawk would nest and forage at the reservoir than on the Project Site. Cooper’s hawk has a medium potential to occur within the Veeh Reservoir in the study area, but not on the project site.

Yellow Warbler (Setophaga petechia)
Yellow warbler is a CDFW species of special concern that is found in riparian plant associations in close proximity to water, often in willow shrubs and thickets, and in other riparian plants including cottonwoods, sycamores, ash, and alders. This bird was recorded to eBird at Veeh’s Reservoir in 2022.

It has potential to occur within the Hardstem and California Bulrush Marsh habitat and Eucalyptus

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Grove near water in the study area because it is adjacent to Veeh Reservoir and riverine habitats in the study area. This species would not be found on the project site due to lack of habitat. Yellow warbler has a medium potential to occur within the Hardstem and California Bulrush Marsh habitat and Eucalyptus Grove in the study area.

Nesting Birds
There is the potential for nesting migratory birds to use the survey area for foraging, cover, or even nesting. Common urban birds were observed during the field survey and migratory birds may be passing through and temporarily nest on the site. The U.S. Fish and Wildlife Service (USFWS) assesses migratory birds and ranks those that are considered Birds of Conservation Concern (BCC). Some migratory birds assessed by the USFWS are also year-round residents in southern California. The following birds considered to be migratory and BCC by the USFWS have some potential to utilize the project site and/or study area:
• Allen’s hummingbird (Selasphorous sasin)
• Black-chinned sparrow (Spizella atrogularis)
• Bullock’s oriole (Icterus bullockii)
• California thrasher (Toxostoma redivivum)
• Common yellowthroat (Gethlypis trichas sinuosa)
• Western grebe (Aechmophorus occidentalis)

3.4 Project Impacts to Wildlife

3.4.1 Impacts to Wildlife Habitat
The proposed construction footprint of 2.43-acres will be on an existing developed/ ornamental landscaped area. The staging would occur on the project site also where the existing parking lots occur.

These impacts would occur in disturbed areas where special-status species habitat is absent, and no special-status species would occur. The remaining native habitat within the study area is already highly disturbed by the surrounding developments and the resulting fragmentation and invasive species, and the project would have no effect on these areas as they are separated from the project site by Mill Creek Road. Indirect impacts from construction or operation of the project would not occur to the offsite native habitats as there are existing barriers such as Mill Creek and buildings and parking areas that separate the project site from these areas, and the separation acts as a buffer to any potential construction or operational impacts in these offsite area. No new fuel modification is proposed and lighting would not be required during construction so indirect impacts would not occur. Because the projectimpacts, both construction and operational, will occur on areas unable to support special-status species and are not considered native wildlife habitats as a result of the disturbance, the project would have no impact on habitat for special-statuswildlife.

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3.4.2 Impacts to Special-Status Wildlife
No special-status wildlife species were observed during the field visit, likely due to the presence of developed/ ornamental landscaped areas and disturbance of the remaining native habitat. Of the 64 special-status animals known to occur in the region, four had a medium potential of occurring within the Eucalyptus Grove habitat, the California Sycamore Riparian Woodland habitat, Veeh’s Reservoir and/or the Hardstem and California Bulrush Marsh habitat. These species include tricolored blackbird, southwestern pond turtle, Cooper’s hawk, and yellow warbler. The project would have no impact on these areas or marsh habitat or water features within or near the study area. In addition, no new fuel modification would occur. As described above the project would have not direct or indirect impacts to the potential native habitat for these species in offsite areas.

The Cooper’s hawk could perch on trees on the project site but is more likely to nest near the reservoir as there is no foraging habitat on the project site and it is abundant at the reservoir. The project would, however, comply with the requirements of the Migratory Bird Treaty Act(including as to potential Cooper’s hawk nests within the buffer area) as discussed below in Section 3.4.3. In addition, Cooper’s hawk is not yet considered rare, threatened, or endangered and is a watchlist species, which indicates that it is not yet at in a position where the project could have a significant impact per CEQA. The regulatory compliance with the MBTA described below would ensure that impacts to Cooper’s hawk would be avoided. The project has no potential to have a significant impact on Cooper’s hawk per CEQA thresholds as it is a watchlist species.

Therefore, the project would have no impact on special-status wildlife because no native habitat would be impacted and impacts to special-status species would be avoided or less than significant in the case of the Cooper’s hawk.

3.4.3 Impacts to Nesting Birds
The proposed development may require the removal of shrubs or trees that could provide potential nesting habitat for common urban birds, and migratory BCC birds protected by the MBTA, MBPA, and the Fish and Wildlife Code (including Cooper’s hawk). If present at the time of vegetation removal there could be direct impacts on active nests, eggs, or young. These could be destroyed or otherwise disturbed to a point at which the young do not survive, which would be a violation of the MBTA, MBPA, and the Fish and Wildlife Code. In addition, indirect impacts from noise or vibration have the potential to disturb an active bird nest to the point of failure if the nest is within immediate proximity to project activities, and this would also be a violation of the MBTA and Fish and Wildlife Code. The Project would be required to comply with the MBTA as described below.

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MBTA Compliance
• If possible, ground disturbing activities and vegetation removal (including tree trimming) should be timed to occur outside the bird nesting season (September 1 – January 31). • If ground disturbing activities or vegetation removal (including tree trimming) are scheduled during the bird nesting season (February 1 – August 31) a preconstruction survey for nesting birds should be conducted within 72 hours prior to construction activities. The survey should be conducted by a qualified biologist with prior experience conducting nesting bird surveys for construction projects. The study area should include the project site and suitable habitat within a 300-foot buffer, or a buffer size determined by the qualified biologist based on level of proposed disturbance and access. If no active nests are found, no additional measures are required.
• If active nests are found the biologist will map the location and document the species and nesting stage. A no-work buffer will be established around the active nest as determined by the qualified biologist and based on the species sensitivity to disturbance and the type and duration of the disturbance. No construction activities shall occur within the no-work buffer until the biologist has determined the nest is no longer active.

3.4.4 Cumulative Impacts to Wildlife
The project would avoid impacts to protected wildlife and habitat as none would occur on the site. The site is entirely developed and would be redeveloped by the project. Native habitats would be avoided and no impacts would occur to Cooper’s hawk and nesting birds with compliance with the MBTA.

Therefore, the project would have no cumulative impact on wildlife.

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4 Wildlife Movement

4.1 Wildlife Movement Literature Review
The assessment of the potential for wildlife movement to and from the project site consisted of consulting the following resources:
• Google Earth online (Google 2024)
• United States Fish and Wildlife Service (USFWS) Environmental Conservation Online System (ECOS) Information for Planning and Consultation (IPaC) (USFWS 2024a) • USFWS Designated and Proposed Critical Habitat GIS data online (USFWS 2024b) • California Protected Areas Database Map online (CPAD 2024) • South Coast Missing Linkages: A Wildland Network for the South Coast Ecoregion (SC Wildlands 2008).

Google Earth online was used to assess the level of connectivity of habitat to the site. The foremost considerations were whether there was a direct connection of high-quality habitat to the site — without interference from development — and whether the connecting habitat linked to large habitat tracts.

4.2 Wildlife Movement Field Methodology
During the South Environmental field reconnaissance on November 25, 2024, the project site and surrounding 500-ft study area were assessed for their potential use as a wildlife corridor or habitat linkage. The level of disturbance of the site and surrounding areas by way of development including roads, house and commercial structures, fences, and lighting were noted as they pertain to the connectivity of the site to high-quality habitat. The study area was assessed for the presence of a corridor of linkage of habitat that connects the site to adjacent high-quality habitat. Included in this assessment of a corridor were stream areas or those with unique natural features (e.g., rock outcrops) which wildlife are known to frequently use as habitat linkages.

4.3 Wildlife Movement Data Analysis
The project site is within dense urban development that lacks native habitat. The development of commercial and residential buildings and roadways has removed the surrounding native habitat, which only remains in small patches near the Veeh Reservoir and adjacent riverine/wetland features in the study area. There are nearby water features in the study area including the Veeh Reservoir in the southeastern study area, an adjacent freshwater forested/shrub wetland in the eastern study area, and a riverine feature in the northern study area. These connect to other riparian and riverine water features outside of the study area, but these water features pass through densely populated urban spaces, are

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heavily disturbed by the surrounding developments, and have been modified in many areas to control flooding and inflow/outflow. Veeh Ranch Park, which lies in the northern study area, is a protected area that contains a section of the riverine water feature in the northern study area (CPAD 2024).

However, this park does not contain native habitat that would support special-status species and is highly disturbed by routine landscaping and surrounding urban development. For these reasons, wildlife have a low potential to utilize the study area for movement other than localized movement at the Reservoir. Wildlife, especially special-status, are more likely to utilize the Laguna Coast Wilderness Park located 1.00-miles to the west, which contains approximately 7,000 acres of undeveloped coastal canyon and riparian habitat that connects to other expansive high-quality wildlands in southern California.

4.4 Impacts to Wildlife Movement
Due to the surrounding developments, barriers, and human presence, there is low potential for wildlife to be found moving through the project site. The project would occur on Developed/ Ornamental Landscape cover and would not result in a loss of native habitats or areas important for wildlife movement. No new fuel modification is proposed and impacts direct or indirect would not occur to the movement areas east of the project site at Veeh’s Reservoir. The project will not impact any of the water features within the study area, which are not directly adjacent to the project site and are separated from the project site by other developments. Additionally, new barriers such as proposed walls and lighting from construction or operation are not in an existing movement area and no wildlife would be deterred by the project. Therefore, there will be no impacts to wildlife movement from project development.

4.5 Cumulative Impacts to Wildlife Movement
The project site lacks wildlife movement areas and none would be impacted by the development.

Therefore, the project would have no cumulative effect on wildlife movement areas.

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5 Water Resources

5.1 Water Resources Literature Review
The assessment of the potential for water resources on the project site consisted of consulting the following resources:
• National Wetlands Inventory online (USFWS 2024c)
• National Hydrography Dataset online (USGS 2024)

5.2 Water Resources Field Methodology
During the South Environmental field visit on November 25, 2024, the study area was inspected for the presence of potential jurisdictional features such as wetlands, streams, lakes, or other water features.

No formal delineation of jurisdictional waters was performed, only a preliminary investigation was conducted. The survey was conducted by observing the landscape across the study area and looking for the presence of water and topographic depressions that are associated with dense vegetation.

5.3 Water Resources Data Analysis
The literature search yielded several water features within the study area, but not on the project site itself (USFWS 2024c, USGS 2024). Approximately 400 feet north of the project site is a 1.57-acre freshwater stream that is within a man-made, contained drainage area. Approximately 200 feet to the east of the project site is a 1.88-acre south-flowing stream that connects downstream to Veeh Reservoir, a 13 acres freshwater pond and wetland area within the Hardstem and California Bulrush habitat. The riverine habitat in the northern study area and the forested/shrub wetland habitat in the eastern study area are heavily impacted by the surrounding development, modifications to the bank, and non-native flora plant species throughout. However, none of these resources are directly adjacent to the project site; most areas between the project site and the water resources are already developed and would not be encroached during construction of the proposed development. Therefore, there is no potential for runoff from the project site or construction to reach the reservoir these developed areas between the two that acts as a barrier.

5.4 Impacts to Water Resources
There are water resources within the study area including Veeh Reservoir and nearby riverine/ wetland habitats adjacent to the reservoir, but none on the project site itself. As mentioned, these water features are already heavily disturbed by the surrounding developments and modifications to their banks and inflow/outflow and are highly contained. These wetlands and aquatic resources are outside of the proposed impact areas and would be unaffected by the development. Additionally, there are other developments such as roads and commercial buildings creating a buffer zone between these

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water features and the project site that would act as barriers to prevent encroachment, runoff, or other impacts from the proposed development. Therefore, project development will have no impact on water resources.

5.5 Cumulative Impacts to Water Resources
The project would have no impact to water resources and would not contribute to any cumulative impacts to water resources in the region.

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6 Applicable Regulations and Permits

6.1 Regulations

6.1.1 Federal Regulations
Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) protects individuals as well as any part, nest, or eggs of any bird listed as migratory. In practice, federal permits issued for activities that potentially impact migratory birds typically have conditions that require pre-disturbance surveys for nesting birds. In the event nesting is observed, a buffer area with a specified radius must be established, within which no disturbance or intrusion is allowed until the young have fledged and left the nest, or it has been determined that the nest has failed. If not otherwise specified in the permit, the size of the buffer area varies with species and local circumstances (e.g., presence of busy roads, intervening topography, etc.), and is based on the professional judgment of a monitoring biologist. A list of migratory bird species protected under the MBTA is published by USFWS.

6.1.2 California Regulations
State of California Fish and Wildlife Code Section 3500 Section 3503.5 of the California Fish and Wildlife Code states that it is “unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.” Activities that result in the abandonment of an active bird of prey nest may also be considered in violation of this code. In addition, California Fish and Wildlife Code, Section 3511 prohibits the taking of any bird listed as fully protected, and California Fish and Wildlife Code, Section 3515 states that is it unlawful to take any non-game migratory bird protected under the MBTA.

California Migratory Bird Protection Act
The California Migratory Bird Protect Act (MBPA) was enacted in September 2019 to reinforce the MBTA at the state level. The Act states:
• “It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) before January 1, 2017, any additional migratory nongame bird that may be designated in that federal act after that date, or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act before January 1, 2017, or subsequent rules or regulations adopted pursuant to that federal act, unless

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those rules or regulations are inconsistent with this code.” This section is inactive on January 20, 2025, and the following language below will be adopted. • “It is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.), or any part of a migratory nongame bird described in this section, except as provided by rules and regulations adopted by the United States Secretary of the Interior under that federal act.” This section is operative starting on January 20, 2025.

6.1.3 Local and Regional Regulations
City of Laguna Hills Tree Preservation Ordinance (#315) The City of Laguna Hills has established “Laguna Hills Municipal Code Tree Preservation Policy” (Laguna Hills 2023). Under this ordinance, no person, other than the City, is authorized to trim, damage, or remove public (city-owned) trees without an appropriate permit. Upon request, and for the criteria described below, public trees will be inspected and authorized for removal:
• The tree is deemed hazardous, diseased, and/or declining. • The tree is damaging the sidewalk, curb, or gutter, and is not receptive to preventative root pruning.
• The tree and/or its roots are a threat to private property. • Trees in conflict with overhead utility lines.

A resident requesting removal of a street tree, that has been justified for removal by the City, will be requested to donate and plant another tree in its place. The size, species type, and location will be specified by the Director of Public Services or their designee. If the resident will not replace the tree, the City will do so provided the tree is determined by the Director of Public Services to enhance the tree preservation goals. A list of replacement tree species is detailed in the ordinance.

Any person identified as having removed or trimmed a tree, so as to cause damage to the tree, will be responsible for the full cost of replacement of the tree.

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7 Conclusions
Based on the analysis in this report, the proposed redevelopment of a commercially developed parcel into a residential community with associated structures and ornamental landscaping at 23161 Mill Creek Dr. would not result in any impacts to biological resources in the City of Laguna Hills.

Plant Communities/Sensitive Natural Communities/Wildlife Habitat: The project would be constructed entirely on Developed/ Ornamental Landscaped (2.43-acres) cover type, which is not a sensitive natural community. Developments and ornamental landscaping are not habitat for specialstatus species as these species occur in native habitats. The project proposes development within areas already developed that do not support special-status species. The Hardstem and California Bulrush Marsh and California Sycamore Riparian Woodland plant communities are considered sensitive natural communities, and the marsh occurs 340 feet southeast of the Project Site and the woodland occurs 140 feet to the northeast of the Project Site. The Eucalyptus Grove community is 57 feet from the project footprint and Mill Creek Road buffers the area between the sensitive marsh and riparian woodland communities and the development. The Hardstem and California Bulrush community is 340 feet from the project footprint and Mill Creek road and the Eucalyptus Grove community buffer the area between this community and the development, and no impact is expected to occur. Similarly, there is Mill Creek Drive and existing developments between the riparian woodland and the project sit that would create a buffer to any potential indirect impacts to this community. Therefore, no direct or indirect impact to native plant communities would result from the project because the project would be constructed on an existing development and the site is separated from any potential habitat areas by existing developments that would reduce or eliminate any potential indirect effects from construction and/or operation to a level that is insignificant.

Special-Status Plants: No special-status plants were observed on the project site, and it is unlikely that any would occur due to existing development and lack of native habitat. Of the 45 special-status plants known to occur in the region, only six had a low potential of occurring in the Hardstem and California Bulrush Marsh plant community and are unlikely to be found there. However, this habitat does not occur on the project site itself and has a buffer of the Eucalyptus Grove between the two areas and would be unaffected by the project. Plants offsite would not be affected by any indirect impacts as no new fuel modification or brush clearance is proposed, and the project construction noise and vibration would have no affect on offsite plants. Therefore, the project would have no direct or indirect impact to special-status plants.

Protected Trees: Trees protected under the Laguna Hills Tree Preservation Ordinance were observed in the study area. Based on the proposed development footprint, however, these trees are not within the project footprint or at risk of being damaged/ removed for the proposed development because they are not in the impact areas. Therefore, the project will not impact protected and significant trees/ shrubs.

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23161 Mill Creek Drive
34 September 2025
Special-Status Wildlife: The proposed construction footprint of 2.43-acres will be on an existing developed/ ornamental landscaped area. The staging would occur on the project site also where the existing parking lots occur. These impacts would occur in disturbed areas where special-status species habitat is absent, and no special-status species would occur. The remaining native habitat within the study area is already highly disturbed by the surrounding developments and the resulting fragmentation and invasive species, and the project would have no effect on these areas as they are separated from the project site by Mill Creek Road. Indirect impacts from construction or operation of the project would not occur to the offsite native habitats as there are existing barriers such as Mill Creek and buildings and parking areas that separate the project site from these areas, and the separation acts as a buffer to any potential construction or operational impacts in these offsite area.

No new fuel modification is proposed and lighting would not occur so indirect impacts would not occur. Because the project impacts, both construction and operational, will occur on areas unable to support special-status species and are not considered native wildlife habitats as a result of the disturbance, the project would have no impact on habitat for special-status wildlife.

No special-status wildlife species were observed during the field visit, likely due to the presence of developed/ ornamental landscaped areas and disturbance of the remaining native habitat. Of the 64 special-status animals known to occur in the region, four had a medium potential of occurring within the Eucalyptus Grove habitat, the California Sycamore Riparian Woodland habitat, Veeh’s Reservoir and/or the Hardstem and California Bulrush Marsh habitat. These species include tricolored blackbird, southwestern pond turtle, Cooper’s hawk, and yellow warbler. The project would have no impact on these areas or marsh habitat or water features within or near the study area. In addition, no new fuel modification would occur. As described above the project would have not direct or indirect impacts to the potential native habitat for these species in offsite areas.

The Cooper’s hawk could perch on trees on the project site but is more likely to nest near the reservoir as there is no foraging habitat on the project site and it is abundant at the reservoir. The project would avoid impacts to nesting birds (including potential Cooper’s hawk nests within the buffer area) as discussed below in Section 3.4.3 and would avoid any impacts to Cooper’s hawk if perching or nesting on the site during construction. In addition, Cooper’s hawk is not yet considered rare, threatened, or endangered and is a watchlist species, which indicates that it is not yet at in a position where the project could have a significant impact per CEQA. The regulatory compliance with the MBTA described below would ensure that impacts to Cooper’s hawk would be avoided. However, the project has no potential to have a significant impact on Cooper’s hawk per CEQA thresholds as it is a watchlist species.

Therefore, the project would have no impact on special-status wildlife because no native habitat would be impacted and impacts to special-status species would be less than significant in the case of the Cooper’s hawk.

There is the potential for nesting birds — including migratory Birds of Conservation Concern (BCC) and Cooper’s hawk. Compliance with applicable law would avoid impacts to nesting birds.

Biological Resources Report
23161 Mill Creek Drive
35 September 2025
Wildlife Movement: Due to the surrounding developments, barriers, and human presence, there is low potential for wildlife to be found moving through the project site. The project would occur on Developed/ Ornamental Landscape cover and would not result in a loss of native habitats or areas important for wildlife movement. No new fuel modification is proposed and impacts direct or indirect would not occur to the movement areas east of the project site at Veeh’s Reservoir. The project will not impact any of the water features within the study area, which are not directly adjacent to the project site and are separated from the project site by other developments. Additionally, new barriers such as proposed walls and lighting are not in any existing movement area and no wildlife would be deterred by the project. Therefore, there will be no impacts to wildlife movement from project development.

Water Resources: There are water resources within the study area including Veeh Reservoir and nearby riverine/ wetland habitats adjacent to the reservoir, but none on the project site itself. As mentioned, these water features are already heavily disturbed by the surrounding developments and modifications to their banks and inflow/outflow and are highly contained. These wetlands and aquatic resources are outside of the proposed impact areas and would be unaffected by the development.

Additionally, there are other developments, such as roads and commercial buildings creating a buffer zone between these water features and the project site that would prevent encroachment or impacts from the proposed development. Therefore, project development will have no impact on water resources.

Cumulative Impact: The project would avoid impacts to protected biological resources. Therefore, the project would not contribute to any cumulative impacts to protected biological resources in the region.

Biological Resources Report
23161 Mill Creek Drive
36 September 2025
8 References
California Department of Fish and Wildlife (CDFW). 2024a. California Natural Diversity Database (available by subscription) and RareFind. CDFW: Sacramento, California. Portal Online Access:
https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data
CDFW. 2024b. California Wildlife Habitat Relationships life history accounts and range maps.

Accessed online: https://wildlife.ca.gov/Data/CWHR/Life-History-and-Range CDFW. 2024c. California Natural Community List. Accessed online:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=153609&inline California Invasive Plant Council (Cal-IPC). 2024. Plants A to Z. Available online: https://www.calipc.org/plants/profiles/ California Native Plant Society (CNPS). 2024a. Inventory of Rare and Endangered Plants of California.

California Native Plant Society. Available online (http://cnps.web.aplus.net/cgibin/inv/inventory.cgi).

CNPS. 2024b. A Manual of California Vegetation Online - California Natural Communities List.

Accessed online: http://vegetation.cnps.org/
CPAD. 2024. California Protected Areas Database Map. Available online: https://www.calands.org/ Google Earth. (December 7, 2024). Laguna Hills, California. 33° 37’ 33”N, 117° 44’ 08”W, Eye alt 2299 meters. Airbus 2024. https://earth.google.com/
Laguna Hills. 2023. Laguna Hills Municipal Code. Available online (https://www.codepublishing.com/CA/LagunaHills/). City of Laguna Hills, California.

SC Wildlands. 2008. South Coast Missing Linkages: A Wildland Network for the South Coast Ecoregion.

US Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS). 2024. Online Web Soil Survey Mapper (https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm).

United State Geological Service (USGS). 2024a. National Hydrography Dataset (NHD) The National Map Viewer. Accessed online: https://viewer.nationalmap.gov/services/ USGS. 2024b. The National Geologic Map Database, Map View. Available online (http://ngmdb.usgs.gov/maps/mapview/). U.S. Department of the Interior. Washington, DC.

USGS. 2024c. California Geologic Map Data. Available online (http://mrdata.usgs.gov/geology/state/ state.php?state=CA). U.S. Department of the Interior. Washington, DC.

Biological Resources Report
23161 Mill Creek Drive
37 September 2025
United States Fish and Wildlife Service (USFWS). 2024a. Environmental Conservation Online System (ECOS) Information for Planning and Consultation (IPaC). Accessed online:
https://ecos.fws.gov/ipac/
USFWS. 2024b. Critical Habitat GIS Data. Available for download online:
(https://catalog.data.gov/dataset/fws-critical-habitat-for-threatened-and-endangered-speciesdataset).

USFWS. 2024c. National Wetlands Inventory Online Wetlands Mapper. Accessed online:
https://www.fws.gov/wetlands/data/mapper.html
USFWS. 2024d. County of Orange (Central/Coastal) NCCP/HCCP Plan Summary. Accessed online:
https://wildlife.ca.gov/Conservation/Planning/NCCP/Plans/Orange-Coastal

Appendix A:

Photograph Exhibit

Image 1.) View of 23161 Mill Creek Drive from southeast corner of parcel and Mill Creek Dr. to the right, facing northwest.

Image 2.) View of 23161 Mill Creek Drive featuring an office building, paved parking lot, and ornamental landscaping, facing northeast.

Image 3.) Depicts driveway leading to project site along Mill Creek Drive and other commercial developments in the study area, facing south.

Image 4.) Depicts study area northwest of project site with other commercial developments and roadways, facing northwest.

Image 5.) View of public park just east of project site with a freshwater forested/shrub wetland behind the park, facing northeast.

Image 6.) View of Veeh Reservoir in the southeastern study area with a freshwater marsh habitat, facing west.

Image 7.) View of riverine habitat in northern study area that is heavily disturbed by non-native species and surrounding developments, facing northwest.

Image 8.) View of riverine habitat in northwestern study area and surrounding urban development, facing east.

Appendix B:

Special-Status Species Analysis

Special-Status Species Analysis
Special-status species are those plants and animals that, because of their recognized rarity or vulnerability to various causes of habitat loss or population decline, are recognized by federal, state, or other agencies as under threat from human-associated developments. Some of these species receive specific protection that is defined by federal or state endangered species legislation. Others have been designated as special-status based on adopted policies and expertise of state resource agencies or organizations with acknowledged expertise, or policies adopted by local governmental agencies such as counties, cities, and special districts to meet local conservation objectives. Specialstatus species include:
• Plants or wildlife listed or proposed for listing as threatened or endangered, or are candidates for possible future listing as threatened or endangered, under the federal Endangered Species Act or the California Endangered Species Act;
• Plants or wildlife that meet the definitions of rare or endangered under CEQA Guidelines Section 15380.
• Plants or wildlife covered under an adopted NCCP/HCP; • Plants considered by the California Native Plant Society (CNPS) to be rare, threatened, or endangered (List 1A, 1B and 2 plants) in California;
• Plants listed by the CNPS as plants in which there is limited information about distribution (List 3);
• Plants listed as rare under the California Native Plant Protection Act (Fish and Wildlife Code 1900 et seq.);
• Wildlife designated by CDFW as species of special concern; • Wildlife "fully protected" in California (California Fish and Wildlife Code Sections 3511, 4700, and 5050); and
• Wildlife protected by the Migratory Bird Treaty Act (MTBA).

8.1.1 Federally-Protected Status
All references to Federally-protected species in this BRA include the most current published status or candidate category to which each species has been assigned by USFWS. For purposes of this assessment the following acronyms are used for Federal status species, as applicable:

FE Federally-listed as Endangered

FT Federally-listed as Threatened
FPE Federally proposed for listing as Endangered
FPT Federally proposed for listing as Threatened
FPD Federally proposed for delisting
FC Federal candidate species (former C1 species)

8.1.2 State-Protected Status
For the purposes of this BRA, the following acronyms are used for State status species, as applicable:

SE State-listed as Endangered
ST State-listed as Threatened
SR State-listed as Rare
SCE State candidate for listing as Endangered
SCT State candidate for listing as Threatened
SFP State Fully Protected
SSC California Species of Special Concern

8.1.3 California Rare Plant Rank
The CNPS is a private plant conservation organization dedicated to the monitoring and protection of special-status species in California. CNPS has compiled an inventory comprised of the information focusing on geographic distribution and qualitative characterization of Rare, Threatened, or Endangered vascular plant species of California (CNPS 2018). The list serves as the candidate list for listing as Threatened and Endangered by CDFW. CNPS has developed six categories of rarity known as the California Rare Plant Rank (CRPR), of which Ranks 1A, 1B, 2A, and 2B are particularly considered sensitive:

Rank 1A Presumed extinct in California.

Rank 1B Plants Rare, Threatened, or Endangered in California and elsewhere.

Rank 2A Presumed extinct in California, but more common elsewhere.

Rank 2B Plants Rare, Threatened, or Endangered in California, but more common elsewhere.

Rank 3 Plants about which we need more information – a review list.

Rank 4 Plants of limited distribution – a watch list.

The CNPS recently added “threat ranks” which parallel the ranks used by the CNDDB. These ranks are added as a decimal code after the CNPS List (e.g., Rank 1B.1). The threat codes are as follows:
.1 Seriously threatened in California (over 80% of occurrences threatened/high degree and immediacy of threat);
.2 Moderately threatened in California (20-80% occurrences threatened);

.3 Not very threatened in California (<20% of occurrences threatened or no current threats known).

8.1.4 Potential to Occur Assessment
Special-status species that are present or are high or medium potential to occur within the parcel are based on one or more of the following:
• the direct observation of the species within the parcel during any field survey; • a record reported in the CNDDB; and
• the parcel is within known distribution of a species and contains appropriate habitat. • present means the species is known to occur, high potential indicates the habitat is ideal and near known occurrences of the species, and medium indicates that the habitat may be less than ideal due to some lacking element but still usable by the species and within the known range.

Special-status species that are low potential) to occur are based on one of the following:
• the parcel has the general habitat types but lacks necessary habitat elements such as suitable microhabitat or soils; or
• the parcel is outside the known elevation range or distribution of the species, and has otherwise suitable habitats;
Special-status species that have no potential to occur on the parcel are labeled as none due to the absence of suitable habitat.

Special-Status Plants
Scientific Name Common name Taxonomic
Group
Federal Listing State Listing CNPS
CRPR
Rank
General Habitat Microhabitat Potential to Occur on Study area Aphanisma blitoides aphanisma Dicots None None 1B.2 Coastal bluff scrub, coastal dunes, coastal
scrub.

On bluffs and slopes
near the ocean in sandy
or clay soils. 3-305 m.

None. The project site and study
area lack habitat for the species.

Astragalus brauntonii Braunton's milkvetchDicots Endangered None 1B.1 Chaparral, coastal scrub, valley and
foothill grassland.

Recent burns or
disturbed areas; usually
on sandstone with
carbonate layers. Soil
specialist; requires
shallow soils to defeat
pocket gophers and
open areas, preferably
on hilltops, saddles or
bowls between hills. 3-
640 m.

None. The project site and study
area lack habitat for the species.

Atriplex coulteri Coulter's saltbush Dicots None None 1B.2 Coastal bluff scrub, coastal dunes, coastal
scrub, valley and
foothill grassland.

Ocean bluffs, ridgetops,
as well as alkaline low
places. Alkaline or clay
soils. 2-460 m.

None. The project site and study
area lack habitat for the species.

Atriplex pacifica South coast
saltscale
Dicots None None 1B.2 Coastal scrub, coastal
bluff scrub, playas,
coastal dunes.

Alkali soils. 1-400 m. None. The project site and study area lack habitat for the species.

Scientific Name Common name Taxonomic
Group
Federal Listing State Listing CNPS
CRPR
Rank
General Habitat Microhabitat Potential to Occur on Study area Atriplex parishii Parish's brittlescale Dicots None None 1B.1 Vernal pools, chenopod scrub,
playas.

Usually on drying alkali
flats with fine soils. 4-
1420 m.

None. The project site and study
area lack habitat for the species.

Atriplex serenana var.
davidsonii
Davidson's saltscale Dicots None None 1B.2 Coastal bluff scrub, coastal scrub.

Alkaline soil. 0-480 m. None. The project site and study area lack habitat for the species.

Brodiaea filifolia Thread-leaved
brodiaea
Monocots Threatened Endangered 1B.1 Chaparral (openings), cismontane
woodland, coastal
scrub, playas, valley
and foothill grassland,
vernal pools.

Usually associated with
annual grassland and
vernal pools; often
surrounded by
shrubland habitats.

Occurs in openings on
clay soils. 15-1030 m.

None. The project site and study
area lack habitat for the species.

Calochortus weedii var.
intermedius
Intermediate
mariposa-lily
Monocots None None 1B.2 Coastal scrub,
chaparral, valley and
foothill grassland.

Dry, rocky calcareous
slopes and rock
outcrops. 60-1575 m.

None. The project site and study
area lack habitat for the species.

Scientific Name Common name Taxonomic
Group
Federal Listing State Listing CNPS
CRPR
Rank
General Habitat Microhabitat Potential to Occur on Study area Centromadia parryi ssp.
australis
Southern tarplant Dicots None None 1B.1 Marshes and swamps (margins), valley and
foothill grassland,
vernal pools.

Often in disturbed sites
near the coast at marsh
edges; also in alkaline
soils sometimes with
saltgrass. Sometimes on
vernal pool margins. 0-
975 m.

Low. The project site lacks habitat
for the species, but there is a
Hardstem and California Bulrush
Marsh community in the study
area, but the area is small and
heavily disturbed.

Chaenactis glabriuscula
var. orcuttiana
Orcutt's pincushion Dicots None None 1B.1 Coastal bluff scrub, coastal dunes.

Sandy sites. 3-80 m. None. The project site and study
area lack habitat for the species.

Chorizanthe polygonoides
var. longispina
Long-spined
spineflower
Dicots None None 1B.2 Chaparral, coastal
scrub, meadows and
seeps, valley and
foothill grassland,
vernal pools.

Gabbroic clay. 30-1630
m.

None. The project site and study
area lack habitat for the species.

Clinopodium chandleri San Miguel savory Dicots None None 1B.2 Chaparral, cismontane woodland, coastal
scrub, riparian
woodland, valley and
foothill grassland.

Rocky, gabbroic or
metavolcanic substrate.
120-975 m.

None. The project site and study
area lack habitat for the species.

Scientific Name Common name Taxonomic
Group
Federal Listing State Listing CNPS
CRPR
Rank
General Habitat Microhabitat Potential to Occur on Study area Comarostaphylis
diversifolia ssp.
diversifolia
Summer holly Dicots None None 1B.2 Chaparral, cismontane woodland.

Often in mixed chaparral
in California, sometimes
post-burn. 30-855 m.

None. The project site and study
area lack habitat for the species.

Dudleya blochmaniae ssp.
blochmaniae
Blochman's dudleya Dicots None None 1B.1 Coastal scrub, coastal bluff scrub, chaparral,
valley and foothill
grassland.

Open, rocky slopes;
often in shallow clays
over serpentine or in
rocky areas with little
soil. 5-290 m.

None. The project site and study
area lack habitat for the species.

Dudleya multicaulis Many-stemmed
dudleya
Dicots None None 1B.2 Chaparral, coastal
scrub, valley and
foothill grassland.

In heavy, often clayey
soils or grassy slopes. 1-
910 m.

None. The project site and study
area lack habitat for the species.

Dudleya stolonifera Laguna Beach
dudleya
Dicots Threatened Threatened 1B.1 Chaparral, cismontane woodland, coastal
scrub, valley and
foothill grassland.

In thin soil on northfacing sandstone cliffs.
5-185 m.

None. The project site and study
area lack habitat for the species.

Scientific Name Common name Taxonomic
Group
Federal Listing State Listing CNPS
CRPR
Rank
General Habitat Microhabitat Potential to Occur on Study area Dudleya viscida Sticky dudleya Dicots None None 1B.2 Coastal scrub, coastal bluff scrub, chaparral,
cismontane
woodland.

On north and southfacing cliffs and banks.
20-870 m.

None. The project site and study
area lack habitat for the species.

Eryngium pendletonense Pendleton buttonceleryDicots None None 1B.1 Coastal bluff scrub, valley and foothill
grassland, vernal
pools.

Clay. Vernally mesic
sites. 20-30 m.

None. The project site and study
area lack habitat for the species.

Euphorbia misera Cliff spurge Dicots None None 2B.2 Coastal bluff scrub, coastal scrub,
Mojavean desert
scrub.

Rocky sites. 3-430 m. None. The project site and study
area lack habitat for the species.

Harpagonella palmeri Palmer's
grapplinghook
Dicots None None 4.2 Chaparral, coastal
scrub, valley and
foothill grassland.

Clay soils; open grassy
areas within shrubland.
20-955 m.

None. The project site and study
area lack habitat for the species.

Scientific Name Common name Taxonomic
Group
Federal Listing State Listing CNPS
CRPR
Rank
General Habitat Microhabitat Potential to Occur on Study area Helianthus nuttallii ssp.
parishii
Los Angeles
sunflower
Dicots None None 1A Marshes and swamps
(coastal salt and
freshwater).
35-1525 m. Low. The project site lacks habitat
for the species, but there is a
Hardstem and California Bulrush
Marsh community in the study
area, but the area is small and
heavily disturbed.

Hesperocyparis forbesii Tecate cypress Gymnosperms None None 1B.1 Closed-cone coniferous forest,
chaparral.

Primarily on north-facing
slopes; groves often
associated with
chaparral. On clay or
gabbro. 60-1650 m.

None. The project site and study
area lack habitat for the species.

Horkelia cuneata var.
puberula
Mesa horkelia Dicots None None 1B.1 Chaparral, cismontane woodland, coastal
scrub.

Sandy or gravelly sites.
15-1645 m.

None. The project site and study
area lack habitat for the species.

Imperata brevifolia California satintail Monocots None None 2B.1 Coastal scrub, chaparral, riparian
scrub, mojavean
desert scrub,
meadows and seeps
(alkali), riparian scrub.

Mesic sites, alkali seeps,
riparian areas. 3-1495 m.

Low. The project site lacks habitat
for the species, but there is a
Hardstem and California Bulrush
Marsh community in the study
area, but the area is small and
heavily disturbed.

Scientific Name Common name Taxonomic
Group
Federal Listing State Listing CNPS
CRPR
Rank
General Habitat Microhabitat Potential to Occur on Study area Isocoma menziesii var.
decumbens
Decumbent
goldenbush
Dicots None None 1B.2 Coastal scrub,
chaparral.

Sandy soils; often in
disturbed sites. 1-915 m.

None. The project site and study
area lack habitat for the species.

Lasthenia glabrata ssp.
coulteri
Coulter's goldfields Dicots None None 1B.1 Coastal salt marshes, playas, vernal pools.

Usually found on
alkaline soils in playas,
sinks, and grasslands. 1-
1375 m.

None. The project site and study
area lack habitat for the species.

Lepechinia cardiophylla Heart-leaved
pitcher sage
Dicots None None 1B.2 Closed-cone
coniferous forest,
chaparral, cismontane
woodland.
115-1345 m. None. The project site and study
area lack habitat for the species.

Lepidium virginicum var.
robinsonii
Robinson's peppergrassDicots None None 4.3 Chaparral, coastal scrub.

Dry soils, shrubland. 4-
1435 m.

None. The project site and study
area lack habitat for the species.

Scientific Name Common name Taxonomic
Group
Federal Listing State Listing CNPS
CRPR
Rank
General Habitat Microhabitat Potential to Occur on Study area Lycium brevipes var.
hassei
Santa Catalina
Island desert-thorn
Dicots None None 3.1 Coastal bluff scrub,
coastal scrub.

Coastal bluffs and
slopes. 30-95 m.

None. The project site and study
area lack habitat for the species.

Monardella hypoleuca
ssp. intermedia
Intermediate
monardella
Dicots None None 1B.3 Chaparral, cismontane
woodland, lower
montane coniferous
forest (sometimes).

Often in steep, brushy
areas. 195-1675 m.

None. The project site and study
area lack habitat for the species.

Monardella macrantha
ssp. hallii
Hall's monardella Dicots None None 1B.3 Broadleafed upland forest, chaparral,
lower montane
coniferous forest,
cismontane
woodland, valley and
foothill grassland.

Dry slopes and ridges in
openings. 700-1800 m.

None. The project site and study
area lack habitat for the species.

Myosurus minimus ssp.
apus
Little mousetail Dicots None None 3.1 Vernal pools, valley and foothill grassland.

Alkaline soils. 20-640 m. None. The project site and study area lack habitat for the species.

Scientific Name Common name Taxonomic
Group
Federal Listing State Listing CNPS
CRPR
Rank
General Habitat Microhabitat Potential to Occur on Study area Nama stenocarpa Mud nama Dicots None None 2B.2 Marshes and swamps. Lake shores, river banks, intermittently wet areas.
15-815 m.

Low. The project site lacks habitat
for the species, but there is a
Hardstem and California Bulrush
Marsh community in the study
area, but the area is small and
heavily disturbed.

Nasturtium gambelii Gambel's water
cress
Dicots Endangered Threatened 1B.1 Marshes and swamps. Freshwater and brackish marshes at the margins
of lakes and along
streams, in or just above
the water level. 5-305 m.

Low. The project site lacks habitat
for the species, but there is a
Hardstem and California Bulrush
Marsh community in the study
area, but the area is small and
heavily disturbed.

Navarretia prostrata Prostrate vernal
pool navarretia
Dicots None None 1B.2 Coastal scrub, valley
and foothill grassland,
vernal pools,
meadows and seeps.

Alkaline soils in
grassland, or in vernal
pools. Mesic, alkaline
sites. 3-1235 m.

None. The project site and study
area lack habitat for the species.

Nolina cismontana Chaparral nolina Monocots None None 1B.2 Chaparral, coastal scrub.

Primarily on sandstone
and shale substrates;
also known from
gabbro. 140-1100 m.

None. The project site and study
area lack habitat for the species.

Scientific Name Common name Taxonomic
Group
Federal Listing State Listing CNPS
CRPR
Rank
General Habitat Microhabitat Potential to Occur on Study area Pentachaeta aurea ssp.
allenii
Allen's pentachaeta Dicots None None 1B.1 Valley and foothill grasslands, coastal
scrub.

Openings in scrub or
grassland. 75-520 m.

None. The project site and study
area lack habitat for the species.

Phacelia keckii Santiago Peak
phacelia
Dicots None None 1B.3 Closed-cone
coniferous forest,
chaparral.

Open areas, sometimes
along creeks. 545-1525
m.

None. The project site and study
area lack habitat for the species.

Pseudognaphalium
leucocephalum
White rabbittobaccoDicots None None 2B.2 Riparian woodland, cismontane
woodland, coastal
scrub, chaparral.

Sandy, gravelly sites. 35-
515 m.

None. The project site and study
area lack habitat for the species.

Quercus dumosa Nuttall's scrub oak Dicots None None 1B.1 Closed-cone coniferous forest,
chaparral, coastal
scrub.

Generally on sandy soils
near the coast;
sometimes on clay loam.
15-640 m.

None. The project site and study
area lack habitat for the species.

Scientific Name Common name Taxonomic
Group
Federal Listing State Listing CNPS
CRPR
Rank
General Habitat Microhabitat Potential to Occur on Study area Senecio aphanactis Chaparral ragwort Dicots None None 2B.2 Chaparral, cismontane woodland, coastal
scrub.

Drying alkaline flats. 20-
1020 m.

None. The project site and study
area lack habitat for the species.

Sidalcea neomexicana Salt spring
checkerbloom
Dicots None None 2B.2 Playas, chaparral,
coastal scrub, lower
montane coniferous
forest, Mojavean
desert scrub.

Alkali springs and
marshes. 3-2380 m.

None. The project site and study
area lack habitat for the species.

Suaeda esteroa Estuary seablite Dicots None None 1B.2 Marshes and swamps. Coastal salt marshes in clay, silt, and sand
substrates. 0-80 m.

None. The project site and study
area lack habitat for the species.

Not a coastal marsh.

Symphyotrichum
defoliatum
San Bernardino
aster
Dicots None None 1B.2 Meadows and seeps,
cismontane
woodland, coastal
scrub, lower montane
coniferous forest,
marshes and swamps,
valley and foothill
grassland.

Vernally mesic grassland
or near ditches, streams
and springs; disturbed
areas. 3-2045 m.

Low. The project site lacks habitat
for the species, but there is a
Hardstem and California Bulrush
Marsh community in the study
area, but the area is small and
heavily disturbed.

Scientific Name Common name Taxonomic
Group
Federal Listing State Listing CNPS
CRPR
Rank
General Habitat Microhabitat Potential to Occur on Study area Verbesina dissita Big-leaved
crownbeard
Dicots Threatened Threatened 1B.1 Chaparral, coastal
scrub.

Steep, rocky, primarily
north-facing slopes
within 1.5 miles of the
ocean, in gravelly soils.
150-245 m.

None. The project site and study
area lack habitat for the species.

Special-Status Animals
Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Astur cooperii Cooper's hawk Birds None None CDFW_WLWatch List, IUCN_LC-Least
Concern
Woodland, chiefly of
open, interrupted or
marginal type.

Nest sites mainly in riparian
growths of deciduous trees,
as in canyon bottoms on
river flood-plains; also, live
oaks.

Medium. There is a Eucalyptus
Grove habitat near a water source
in the study area and not on the
project site, but it is highly
disturbed due to the surrounding
developments and lack of native
vegetation.

Actinemys pallida southwestern
pond turtle
Reptiles Proposed
Threatened
None BLM_SSensitive |
CDFW_SSCSpecies of
Special Concern
| IUCN_VUVulnerable |
USFS_SSensitive
Found in ponds, lakes,
rivers, streams, creeks,
marshes, and irrigation
ditches, with abundant
vegetation, and either
rocky or muddy bottoms,
in woodland, forest, and
grassland.

Logs, rocks, cattail mats, and
exposed banks are required
for basking. May enter
brackish water and even
seawater.

Medium. There is a Hardstem and
California Bulrush Marsh habitat in
a small region of the study area,
but not the project site itself.

However, this habitat is highly
disturbed by surrounding
developments and is not adjacent
to any high-quality marsh habitat.

Agelaius tricolor tricolored
blackbird
Birds None Threatened BLM_SSensitive,
CDFW_SSCSpecies of
Special
Concern,
IUCN_ENEndangered,
USFWS_BCCBirds of
Conservation
Concern
Highly colonial species,
most numerous in Central
Valley and vicinity.

Largely endemic to
California.

Requires open water,
protected nesting substrate,
and foraging area with
insect prey within a few km
of the colony.

Medium. There is a Hardstem and
California Bulrush Marsh habitat in
a small region of the study area,
but not the project site itself. This
species has been recorded to the
CNDDB within the Veeh Reservoir.

However, this habitat is highly
disturbed by surrounding
developments and is not adjacent
to any high-quality marsh habitat.

Aimophila ruficeps
canescens
southern
California
rufous-crowned
sparrow
Birds None None CDFW_WLWatch ListResident in Southern
California coastal sage
scrub and sparse mixed
chaparral.

Frequents relatively steep,
often rocky hillsides with
grass and forb patches.

None. The project site and study
area lack habitat for the species.

Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Ammodramus
savannarum
grasshopper
sparrow
Birds None None CDFW_SSCSpecies of
Special
Concern,
IUCN_LC-Least
Concern
Dense grasslands on
rolling hills, lowland
plains, in valleys and on
hillsides on lower
mountain slopes.

Favors native grasslands
with a mix of grasses, forbs
and scattered shrubs.

Loosely colonial when
nesting.

None. The project site and study
area lack habitat for the species.

Anaxyrus californicus arroyo toad Amphibians Endangered None CDFW_SSCSpecies of Special
Concern,
IUCN_ENEndangered
Semi-arid regions near
washes or intermittent
streams, including valleyfoothill and desert
riparian, desert wash, etc.

Rivers with sandy banks,
willows, cottonwoods, and
sycamores; loose, gravelly
areas of streams in drier
parts of range.

None. The project site and study
area lack habitat for the species.

Anniella stebbinsi Southern
California
legless lizard
Reptiles None None CDFW_SSCSpecies of
Special
Concern,
USFS_SSensitive
Generally south of the
Transverse Range,
extending to
northwestern Baja
California. Occurs in
sandy or loose loamy
soils under sparse
vegetation. Disjunct
populations in the
Tehachapi and Piute
Mountains in Kern
County.

Variety of habitats; generally
in moist, loose soil. They
prefer soils with a high
moisture content.

None. The project site and study
area lack habitat for the species.

Antrozous pallidus pallid bat Mammals None None BLM_SSensitive, CDFW_SSCSpecies of
Special
Concern,
IUCN_LC-Least
Concern,
USFS_SSensitive
Deserts, grasslands,
shrublands, woodlands
and forests. Most
common in open, dry
habitats with rocky areas
for roosting.

Roosts must protect bats
from high temperatures.

Very sensitive to disturbance
of roosting sites.

None. The project site and study
area lack habitat for the species.

Too much human disturbance in
area.

Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Aquila chrysaetos golden eagle Birds None None BLM_SSensitive, CDF_SSensitive,
CDFW_FP-Fully
Protected,
CDFW_WLWatch List,
IUCN_LC-Least
Concern
Rolling foothills,
mountain areas, sagejuniper flats, and desert.

Cliff-walled canyons provide
nesting habitat in most parts
of range; also, large trees in
open areas.

None. The project site and study
area lack habitat for the species.

Arizona elegans
occidentalis
California glossy
snake
Reptiles None None CDFW_SSCSpecies of
Special Concern
Patchily distributed from
the eastern portion of
San Francisco Bay,
southern San Joaquin
Valley, and the Coast,
Transverse, and
Peninsular ranges, south
to Baja California.

Generalist reported from a
range of scrub and
grassland habitats, often
with loose or sandy soils.

None. The project site and study
area lack habitat for the species.

Asio otus long-eared owl Birds None None CDFW_SSCSpecies of Special
Concern,
IUCN_LC-Least
Concern,
USFWS_BCCBirds of
Conservation
Concern
Riparian bottomlands
grown to tall willows and
cottonwoods; also, belts
of live oak paralleling
stream courses.

Require adjacent open land,
productive of mice and the
presence of old nests of
crows, hawks, or magpies for
breeding.

None. The project site and study
area lack habitat for the species.

Aspidoscelis
hyperythra
orange-throated
whiptail
Reptiles None None CDFW_WLWatch List,
IUCN_LC-Least
Concern,
USFS_SSensitive
Inhabits low-elevation
coastal scrub, chaparral,
and valley-foothill
hardwood habitats.

Prefers washes and other
sandy areas with patches of
brush and rocks. Perennial
plants necessary for its
major food: termites.

None. The project site and study
area lack habitat for the species.

Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Aspidoscelis tigris
stejnegeri
coastal whiptail Reptiles None None CDFW_SSCSpecies of Special Concern
Found in deserts and
semi-arid areas with
sparse vegetation and
open areas. Also found in
woodland and riparian
areas.

Ground may be firm soil,
sandy, or rocky.

None. The project site and study
area lack habitat for the species.

Athene cunicularia burrowing owl Birds None Candidate
Endangered
BLM_SSensitive,
CDFW_SSCSpecies of
Special
Concern,
IUCN_LC-Least
Concern,
USFWS_BCCBirds of
Conservation
Concern
Open, dry annual or
perennial grasslands,
deserts, and scrublands
characterized by lowgrowing vegetation.

Subterranean nester,
dependent upon burrowing
mammals, most notably, the
California ground squirrel.

None. The project site and study
area lack habitat for the species.

Bombus crotchii Crotch's bumble
bee
Insects None Candidate
Endangered
IUCN_ENEndangeredCoastal California east to
the Sierra-Cascade crest
and south into Mexico.

Food plant genera include
Antirrhinum, Phacelia,
Clarkia, Dendromecon,
Eschscholzia, and
Eriogonum.

None. The project site and study
area lack habitat for the species.

Bombus pensylvanicus American
bumble bee
Insects None None IUCN_VUVulnerableLong-tongued; forages on a wide variety of flowers
including vetches (Vicia),
clovers (Trifolium), thistles
(Cirsium), sunflowers
(Helianthus), etc. Nests
above ground under long
grass or underground.

Queens overwinter in rotten
wood or underground.

None. The project site and study
area lack habitat for the species.

Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Branchinecta
sandiegonensis
San Diego fairy
shrimp
Crustaceans Endangered None IUCN_ENEndangeredEndemic to San Diego and Orange County
mesas.

Vernal pools. None. The project site and study
area lack habitat for the species.

Buteo regalis ferruginous
hawk
Birds None None CDFW_WLWatch List,
IUCN_LC-Least
Concern
Open grasslands,
sagebrush flats, desert
scrub, low foothills and
fringes of pinyon and
juniper habitats.

Eats mostly lagomorphs,
ground squirrels, and mice.

Population trends may
follow lagomorph
population cycles.

None. The project site and study
area lack habitat for the species.

Campylorhynchus
brunneicapillus
sandiegensis
coastal cactus
wren
Birds None None CDFW_SSCSpecies of
Special
Concern,
USFS_SSensitive,
USFWS_BCCBirds of
Conservation
Concern
Southern California
coastal sage scrub.

Wrens require tall opuntia
cactus for nesting and
roosting.

None. The project site and study
area lack habitat for the species.

Chaetodipus
californicus femoralis
Dulzura pocket
mouse
Mammals None None Variety of habitats
including coastal scrub,
chaparral, and grassland
primarily in San Diego
County.

Attracted to grass-chaparral
edges.

None. The project site and study
area lack habitat for the species.

Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Chaetodipus fallax
fallax
northwestern
San Diego
pocket mouse
Mammals None None Coastal scrub, chaparral,
grasslands, sagebrush,
etc. in western San Diego,
Riverside, San Bernardino,
and Los Angeles
Counties, inclusive of
Orange County.

Sandy, herbaceous areas,
usually in association with
rocks or coarse gravel.

None. The project site and study
area lack habitat for the species.

Choeronycteris
mexicana
Mexican longtongued batMammals None None CDFW_SSCSpecies of Special
Concern,
IUCN_NT-Near
Threatened
Occasionally found in San
Diego County, which is
on the periphery of their
range.

Feeds on nectar and pollen
of night-blooming
succulents. Roosts in
relatively well-lit caves, and
in and around buildings.

None. The project site and study
area lack habitat for the species.

Cicindela latesignata western beach
tiger beetle
Insects None None Mudflats and beaches of
coastal estuaries from
San Diego County to Los
Angeles County.

Typically inhabit wet or dry
sandy beaches and mud,
sand, or salt flats.

None. The project site and study
area lack habitat for the species.

Circus hudsonius northern harrier Birds None None CDFW_SSCSpecies of Special
Concern,
IUCN_LC-Least
Concern,
USFWS_BCCBirds of
Conservation
Concern
Coastal salt and
freshwater marsh. Nest
and forage in grasslands,
from salt grass in desert
sink to mountain
cienagas.

Nests on ground in shrubby
vegetation, usually at marsh
edge; nest built of a large
mound of sticks in wet
areas.

None. The project site and study
area lack habitat for the species.

Lacks grassland and undisturbed
areas for nesting.

Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Coccyzus americanus
occidentalis
western yellowbilled cuckooBirds Threatened Endangered BLM_SSensitive, USFS_SSensitive
Riparian forest nester,
along the broad, lower
flood-bottoms of larger
river systems.

Nests in riparian jungles of
willow, often mixed with
cottonwoods, with lower
story of blackberry, nettles,
or wild grape.

None. The project site and study
area lack habitat for the species.

Lacks typical native nesting trees.

Coelus globosus globose dune
beetle
Insects None None IUCN_VUVulnerableInhabitant of coastal sand dune habitat; erratically
distributed from Ten Mile
Creek in Mendocino
County south to
Ensenada, Mexico.

Inhabits foredunes and sand
hummocks; it burrows
beneath the sand surface
and is most common
beneath dune vegetation.

None. The project site and study
area lack habitat for the species.

Coturnicops
noveboracensis
yellow rail Birds None None CDFW_SSCSpecies of
Special
Concern,
IUCN_LC-Least
Concern,
USFS_SSensitive,
USFWS_BCCBirds of
Conservation
Concern
Freshwater marsh,
Meadow & seep
Freshwater marshlands. Low. There is a Hardstem and
California Bulrush Marsh habitat in
a small region of the study area,
but not the project site itself.

However, this habitat is highly
disturbed by surrounding
developments and is not adjacent
to any high-quality marsh habitat.

Crotalus ruber red-diamond
rattlesnake
Reptiles None None CDFW_SSCSpecies of
Special
Concern,
IUCN_LC-Least
Concern,
USFS_SSensitive
Chaparral, woodland,
grassland, and desert
areas from coastal San
Diego County to the
eastern slopes of the
mountains.

Occurs in rocky areas and
dense vegetation. Needs
rodent burrows, cracks in
rocks or surface cover
objects.

None. The project site and study
area lack habitat for the species.

Lacks microhabitat species
requires.

Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Danaus plexippus
plexippus pop. 1
monarch -
California
overwintering
population
Insects Candidate None IUCN_ENEndangered,
USFS_SSensitive
Winter roost sites extend
along the coast from
northern Mendocino to
Baja California, Mexico.

Roosts located in windprotected tree groves
(eucalyptus, Monterey pine,
cypress), with nectar and
water sources nearby.

Low. Eucalyptus groves occur
within the study area. However, the
study area is not within the coastal
zone where this species would
utilize that habitat.

Dipodomys stephensi Stephens'
kangaroo rat
Mammals Threatened Threatened IUCN_VUVulnerablePrimarily annual and perennial grasslands, but
also occurs in coastal
scrub and sagebrush with
sparse canopy cover.

Prefers buckwheat, chamise,
brome grass and filaree. Will
burrow into firm soil.

None. The project site and study
area lack habitat for the species.

Elanus leucurus white-tailed kite Birds None None BLM_SSensitive, CDFW_FP-Fully
Protected,
IUCN_LC-Least
Concern
Rolling foothills and
valley margins with
scattered oaks and river
bottomlands or marshes
next to deciduous
woodland.

Open grasslands, meadows,
or marshes for foraging
close to isolated, densetopped trees for nesting and
perching.

None. The project site and study
area lack habitat for the species.

Lacks microhabitat- isolated,
dense-topped deciduous trees for
nesting/ perching.

Empidonax traillii
extimus
southwestern
willow flycatcher
Birds Endangered Endangered Riparian woodlands in
Southern California.

None. This species requires a
large, dense riparian area with year
round water flow. This species
would not occur at Veeh Reservoir
as there is not enough area of
riparian habitat for this species to
be present.

Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Emys marmorata western pond
turtle
Reptiles Proposed
Threatened
None BLM_SSensitive,
CDFW_SSCSpecies of
Special
Concern,
IUCN_VUVulnerable,
USFS_SSensitive
A thoroughly aquatic
turtle of ponds, marshes,
rivers, streams and
irrigation ditches, usually
with aquatic vegetation,
below 6000 ft elevation.

Needs basking sites and
suitable (sandy banks or
grassy open fields) upland
habitat up to 0.5 km from
water for egg-laying.

Medium. Veehs Reservoir in the
study area is suitable habitat for
this species. There is no habitat on
the project site.

Eremophila alpestris
actia
California
horned lark
Birds None None CDFW_WLWatch List,
IUCN_LC-Least
Concern
Coastal regions, chiefly
from Sonoma County to
San Diego County. Also
main part of San Joaquin
Valley and east to
foothills.

Short-grass prairie, "bald"
hills, mountain meadows,
open coastal plains, fallow
grain fields, alkali flats.

None. The project site and study
area lack habitat for the species.

Eucyclogobius
newberryi
tidewater goby Fish Endangered None AFS_ENEndangered,
IUCN_NT-Near
Threatened
Brackish water habitats
along the California coast
from Agua Hedionda
Lagoon, San Diego
County to the mouth of
the Smith River.

Found in shallow lagoons
and lower stream reaches,
they need fairly still but not
stagnant water and high
oxygen levels.

None. The project site and study
area lack habitat for the species.

Eumops perotis
californicus
western mastiff
bat
Mammals None None BLM_SSensitive,
CDFW_SSCSpecies of
Special Concern
Many open, semi-arid to
arid habitats, including
conifer and deciduous
woodlands, coastal scrub,
grasslands, chaparral, etc.

Roosts in crevices in cliff
faces, high buildings, trees
and tunnels.

None. The project site and study
area lack habitat for the species.

Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Gila orcuttii arroyo chub Fish None None AFS_VUVulnerable, CDFW_SSCSpecies of
Special
Concern,
IUCN_VUVulnerable,
USFS_SSensitive
Native to streams from
Malibu Creek to San Luis
Rey River basin.

Introduced into streams
in Santa Clara, Ventura,
Santa Ynez, Mojave and
San Diego river basins.

Slow water stream sections
with mud or sand bottoms.

Feeds heavily on aquatic
vegetation and associated
invertebrates.

None. The project site and study
area lack habitat for the species.

Icteria virens yellow-breasted
chat
Birds None None CDFW_SSCSpecies of
Special
Concern,
IUCN_LC-Least
Concern
Summer resident;
inhabits riparian thickets
of willow and other
brushy tangles near
watercourses.

Nests in low, dense riparian,
consisting of willow,
blackberry, wild grape;
forages and nests within 10
ft of ground.

None. The project site and study
area lack habitat for the species.

Lacks preferred nesting vegetation.

Lasiurus frantzii western red bat Mammals None None CDFW_SSCSpecies of Special
Concern,
IUCN_LC-Least
Concern
Roosts primarily in trees,
2-40 ft above ground,
from sea level up through
mixed conifer forests.

Prefers habitat edges and
mosaics with trees that are
protected from above and
open below with open areas
for foraging.

None. The project site and study
area lack habitat for the species.

Lacks undisturbed trees for
roosting.

Laterallus jamaicensis
coturniculus
California black
rail
Birds None Threatened BLM_SSensitive,
CDFW_FP-Fully
Protected,
IUCN_ENEndangered
Inhabits freshwater
marshes, wet meadows
and shallow margins of
saltwater marshes
bordering larger bays.

Needs water depths of
about 1 inch that do not
fluctuate during the year
and dense vegetation for
nesting habitat.

Low. There is a Hardstem and
California Bulrush Marsh habitat in
a small region of the study area,
but not the project site itself.

However, this habitat is highly
disturbed by surrounding
developments and is not adjacent
to any high-quality marsh habitat.

Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Myotis yumanensis Yuma myotis Mammals None None BLM_SSensitive, IUCN_LC-Least
Concern
Optimal habitats are
open forests and
woodlands with sources
of water over which to
feed.

Distribution is closely tied to
bodies of water. Maternity
colonies in caves, mines,
buildings or crevices.

None. The project site and study
area lack habitat for the species.

Lacks undisturbed habitat for
roosting.

Neotoma lepida
intermedia
San Diego
desert woodrat
Mammals None None CDFW_SSCSpecies of
Special Concern
Coastal scrub of Southern
California from San Diego
County to San Luis
Obispo County.

Moderate to dense canopies
preferred. They are
particularly abundant in rock
outcrops, rocky cliffs, and
slopes.

None. The project site and study
area lack habitat for the species.

Nyctinomops
femorosaccus
pocketed freetailed batMammals None None CDFW_SSCSpecies of Special
Concern,
IUCN_LC-Least
Concern
Variety of arid areas in
Southern California; pinejuniper woodlands, desert
scrub, palm oasis, desert
wash, desert riparian, etc.

Rocky areas with high cliffs. None. The project site and study area lack habitat for the species.

Nyctinomops macrotis big free-tailed
bat
Mammals None None CDFW_SSCSpecies of
Special
Concern,
IUCN_LC-Least
Concern
Low-lying arid areas in
Southern California.

Need high cliffs or rocky
outcrops for roosting sites.

Feeds principally on large
moths.

None. The project site and study
area lack habitat for the species.

Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Oncorhynchus mykiss
irideus pop. 10
steelhead -
southern
California DPS
Fish Endangered Candidate
Endangered
AFS_ENEndangeredFederal listing refers to
populations from Santa
Maria River south to
southern extent of range
(San Mateo Creek in San
Diego County).

Southern steelhead likely
have greater physiological
tolerances to warmer water
and more variable
conditions.

None. The project site and study
area lack habitat for the species.

Onychomys torridus
ramona
southern
grasshopper
mouse
Mammals None None CDFW_SSCSpecies of
Special Concern
Desert areas, especially
scrub habitats with friable
soils for digging. Prefers
low to moderate shrub
cover.

Feeds almost exclusively on
arthropods, especially
scorpions and orthopteran
insects.

None. The project site and study
area lack habitat for the species.

Passerculus
sandwichensis
beldingi
Belding's
savannah
sparrow
Birds None Endangered USFWS_BCCBirds of
Conservation
Concern
Inhabits coastal salt
marshes, from Santa
Barbara south through
San Diego County.

Nests in Salicornia on and
about margins of tidal flats.

None. The project site and study
area lack habitat for the species.

Perognathus
longimembris
pacificus
Pacific pocket
mouse
Mammals Endangered None CDFW_SSCSpecies of
Special Concern
Inhabits the narrow
coastal plains from the
Mexican border north to
El Segundo, Los Angeles
County.

Seems to prefer soils of fine
alluvial sands near the
ocean, but much remains to
be learned.

None. The project site and study
area lack habitat for the species.

Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Phrynosoma blainvillii coast horned
lizard
Reptiles None None BLM_SSensitive,
CDFW_SSCSpecies of
Special
Concern,
IUCN_LC-Least
Concern
Frequents a wide variety
of habitats, most
common in lowlands
along sandy washes with
scattered low bushes.

Open areas for sunning,
bushes for cover, patches of
loose soil for burial, and
abundant supply of ants and
other insects.

None. The project site and study
area lack habitat for the species.

Plestiodon
skiltonianus
interparietalis
Coronado skink Reptiles None None BLM_SSensitive,
CDFW_WLWatch List
Grassland, chaparral,
pinon-juniper and juniper
sage woodland, pine-oak
and pine forests in Coast
Ranges of Southern
California.

Prefers early successional
stages or open areas. Found
in rocky areas close to
streams and on dry hillsides.

None. The project site and study
area lack habitat for the species.

Polioptila californica
californica
coastal
California
gnatcatcher
Birds Threatened None CDFW_SSCSpecies of
Special Concern
Obligate, permanent
resident of coastal sage
scrub below 2500 ft in
Southern California.

Low, coastal sage scrub in
arid washes, on mesas and
slopes. Not all areas
classified as coastal sage
scrub are occupied.

None. The project site and study
area lack habitat for the species.

Rallus obsoletus
levipes
light-footed
Ridgway's rail
Birds Endangered Endangered CDFW_FP-Fully
Protected
Found in salt marshes
traversed by tidal
sloughs, where cordgrass
and pickleweed are the
dominant vegetation.

Requires dense growth of
either pickleweed or
cordgrass for nesting or
escape cover; feeds on
molluscs and crustaceans.

None. The project site and study
area lack habitat for the species.

Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Rhinichthys osculus
ssp. 8
Santa Ana
speckled dace
Fish None None AFS_THThreatened,
CDFW_SSCSpecies of
Special
Concern,
USFS_SSensitive
Headwaters of the Santa
Ana and San Gabriel
rivers. May be extirpated
from the Los Angeles
River system.

Requires permanent flowing
streams with summer water
temps of 17-20 C. Usually
inhabits shallow cobble and
gravel riffles.

None. The project site and study
area lack habitat for the species.

Salvadora hexalepis
virgultea
coast patchnosed snakeReptiles None None CDFW_SSCSpecies of Special Concern
Brushy or shrubby
vegetation in coastal
Southern California.

Require small mammal
burrows for refuge and
overwintering sites.

None. The project site and study
area lack habitat for the species.

Setophaga petechia yellow warbler Birds None None CDFW_SSCSpecies of Special
Concern,
IUCN_LC-Least
Concern
Riparian plant
associations in close
proximity to water. Also
nests in montane
shrubbery in open conifer
forests in Cascades and
Sierra Nevada.

Frequently found nesting
and foraging in willow
shrubs and thickets, and in
other riparian plants
including cottonwoods,
sycamores, ash, and alders.

Medium. There is a Hardstem and
California Bulrush Marsh habitat
and Eucalyptus Grove near water
in the study area. However, this
habitat is highly disturbed by
surrounding developments and is
not adjacent to any high-quality
marsh habitat.

Sorex ornatus
salicornicus
southern
California
saltmarsh shrew
Mammals None None CDFW_SSCSpecies of
Special Concern
Coastal marshes in Los
Angeles, Orange and
Ventura counties.

Requires dense vegetation
and woody debris for cover.

None. The project site and study
area lack habitat for the species.

Not a saltmarsh.

Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Spea hammondii western
spadefoot
Amphibians Proposed
Threatened
None BLM_SSensitive,
CDFW_SSCSpecies of
Special
Concern,
IUCN_NT-Near
Threatened
Occurs primarily in
grassland habitats, but
can be found in valleyfoothill hardwood
woodlands.

Vernal pools are essential
for breeding and egg-laying.

None. The project site and study
area lack habitat for the species.

Sternula antillarum
browni
California least
tern
Birds Endangered Endangered CDFW_FP-Fully
Protected
Nests along the coast
from San Francisco Bay
south to northern Baja
California.

Colonial breeder on bare or
sparsely vegetated, flat
substrates: sand beaches,
alkali flats, land fills, or
paved areas.

None. The project site and study
area lack habitat for the species.

Streptocephalus
woottoni
Riverside fairy
shrimp
Crustaceans Endangered None IUCN_ENEndangeredEndemic to Western Riverside, Orange, and
San Diego counties in
areas of tectonic
swales/earth slump
basins in grassland and
coastal sage scrub.

Inhabit seasonally astatic
pools filled by winter/spring
rains. Hatch in warm water
later in the season.

None. The project site and study
area lack habitat for the species.

Taricha torosa Coast Range
newt
Amphibians None None CDFW_SSCSpecies of
Special Concern
Coastal drainages from
Mendocino County to
San Diego County.

Lives in terrestrial habitats
and will migrate over 1 km
to breed in ponds, reservoirs
and slow-moving streams.

Low. There is a Hardstem and
California Bulrush Marsh habitat
adjacent to Veeh Reservoir and
riverine habitats in the study area.

However, this habitat is highly
disturbed by surrounding
developments and is not adjacent
to any high-quality marsh habitat.

Scientific Name Common Name Taxonomic
Group
Federal
Listing
State
Listing
Other Status General Habitat Microhabitat Potential to Occur on Study area Taxidea taxus American
badger
Mammals None None CDFW_SSCSpecies of
Special
Concern,
IUCN_LC-Least
Concern
Most abundant in drier
open stages of most
shrub, forest, and
herbaceous habitats, with
friable soils.

Needs sufficient food, friable
soils and open, uncultivated
ground. Preys on burrowing
rodents. Digs burrows.

None. The project site and study
area lack habitat for the species.

Thamnophis
hammondii
two-striped
gartersnake
Reptiles None None BLM_SSensitive,
CDFW_SSCSpecies of
Special
Concern,
IUCN_LC-Least
Concern,
USFS_SSensitive
Coastal California from
vicinity of Salinas to
northwest Baja California.

From sea to about 7,000
ft elevation.

Highly aquatic, found in or
near permanent fresh water.

Often along streams with
rocky beds and riparian
growth.

Low. There is Veeh Reservoir and
connected riverine habitats in the
study area, but not the project site
itself. However, this habitat is
highly disturbed by surrounding
developments and is not adjacent
to any high-quality marsh habitat.

Tryonia imitator mimic tryonia
(=California
brackishwater
snail)
Mollusks None None IUCN_DD-Data
Deficient
Inhabits coastal lagoons,
estuaries and salt
marshes, from Sonoma
County south to San
Diego County.

Found only in permanently
submerged areas in a variety
of sediment types; able to
withstand a wide range of
salinities.

None. The project site and study
area lack habitat for the species.

Vireo bellii pusillus least Bell's vireo Birds Endangered Endangered Summer resident of Southern California in low
riparian in vicinity of
water or in dry river
bottoms; below 2000 ft.

Nests placed along margins
of bushes or on twigs
projecting into pathways,
usually willow, Baccharis,
mesquite.

Low. Suitable habitat occurs at
Veeh Reservoir, but it is highly
disturbed. The project site lacks
habitat for this species.

Appendix C:

Literature Review

The Special-Status Flora and Wildlife that are subject to the legislation, policies, or assessments indicated in Appendix B (Special-Status Species) are queried for each project site using several online literature resources:

Special-Status Flora and Wildlife
• California Department of Fish and Wildlife, California Natural Diversity Database (CNDDB), RareFind 5 link CNDDB Maps and Data (ca.gov)
• United States Fish and Wildlife Service (USFWS) Environmental Conservation Online System (ECOS) Information for Planning and Consultation (IPaC) link https://ecos.fws.gov/ipac/ Special-Status Flora
• Online database of the California Native Plant Society, Inventory of Rare and Endangered Plants link CNPS Rare Plant Inventory.

Special-Status Wildlife
• CDFW. 2023b. California Wildlife Habitat Relationships (CWHR) life history accounts and range maps link https://wildlife.ca.gov/Data/CWHR/Life-History-and-Range The designation of Plant Communities is dependent on the geographic area where the project site occurs. In Southern California, there are two primary vegetation community classification systems. These community classifications also indicate whether the community is considered a sensitive natural community by the CDFW.

These two main literature sources area as follows:
• Vegetation Classification of the Santa Monica Mountains National Recreation Area and Environs in Ventura and Los Angeles Counties California (CDFW, CNPS 2006) • California Native Plant Society (CNPS), A Manual of California Vegetation Online link http://vegetation.cnps.org/
The potential for Wildlife Movement at a project site is assessed with several sources that cover geographic connectivity in terms of current development, established wildlife corridors, critical habitat established by the Fish and Wildlife Service, and federal, state, and local protected areas including parks, forests, and reserves.

The sources queried for wildlife movement are listed below:
• California Protected Areas Database (CPAD) online link https://www.calands.org/ • GreenInfo Network, Park Information online link https://www.greeninfo.org

• Google Maps, online link https://maps.google.com
• SC Wildlands, South Coast Missing Linkages: A Wildland Network for the South Coast Ecoregion. • US Fish and Wildlife Service Dedicated and Proposed Critical Habitat GIS Data online link https://www.fisheries.noaa.gov/national/endangered-species-conservation/critical-habitat#criticalhabitat-designations,-maps,-and-gis-data The potential for Water Resources, for example wetlands, streams, rivers, marshes, on the project site was assessed with two literature sources. These water sources may be U.S. jurisdictional water resources subject to state and federal regulations or not.
• US Fish and Wildlife Service. National Wetlands Inventory Online Wetlands Mapper link https://www.fws.gov/wetlands/data/mapper.html
• US Geological Survey. National Wetlands Inventory Online Wetlands Mapper link https://www.fws.gov/wetlands/data/mapper.html