Orange City Council
August 22, 2023

section(s) of the incorporated document and describing the relationship between the incorporated part of the referenced document and this EIR.

Therefore, the detailed technical studies, reports, and supporting documentation that were used in preparing this EIR are bound separately as Technical Appendices. The Technical Appendices are available for review at the City of Orange, Planning Division, Community Development Department, 300 East Chapman Avenue, Orange, CA 92866, during the City’s regular business hours and the City’s website at: https://www.cityoforange.org/our-city/departments/community-development/planningdivision/current-projects. The individual technical studies, reports, and supporting documentation that comprise the Technical Appendices are as follows:

A1. Written Comments on the Mitigated Negative Declaration A2. Notice of Preparation (NOP) and Written Comments on the NOP B1. Air Quality Impact Assessment
B2. Health Risk Assessment
C. Biological Technical Report
D. Cultural and Paleontological Resources Letter Report E. Energy Analysis
F. Geotechnical and Infiltration Evaluation
G. Greenhouse Gas Analysis
H1. Phase I Environmental Site Assessment
H2. Limited Phase II Environmental Site Assessment
H3. Soil Management Plan
I1. Priority Water Quality Management Plan
I2. Preliminary Drainage Study
J. Noise and Vibration Analysis
K1. Traffic Analysis
K2. VMT Screening Evaluation
Other reference sources that are incorporated into this EIR by reference are listed in Section 7.0, References, of this EIR. In most cases, documents or websites not included in the EIR’s Technical Appendices are cited by a link to the online location where the document/website can be viewed by the public. All references relied upon by this EIR are included as part of City’s Administrative Record pertaining to the proposed Project.

1.6 RESPONSIBLE AND TRUSTEE AGENCIES
The California Public Resource Code (§ 21104) requires that all EIRs be reviewed by responsible and trustee agencies (see also CEQA Guidelines § 15082 and § 15086(a)). As defined by CEQA Guidelines § 15381, “the term ‘Responsible Agency’ includes all public agencies other than the Lead Agency which have discretionary approval power over the project.” A Trustee Agency is defined in CEQA 347
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Guidelines § 15386 as “a state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California.” For the proposed Project, the Orange County Sanitation District (OCSD) is responsible for the issuance of a Municipal Stormwater Permit and the South Coast Air Quality Management District is responsible for construction related permits (if applicable). The Native American Heritage Commission (NAHC) is identified as a Trustee Agency for the proposed Project in their capacity to prevent irreparable damage to sacred sights and to prevent interference with Native American Religion in California. There are no other agencies that are identified as Responsible or Trustee Agencies for the proposed Project.

1.7 AREAS OF CONTROVERSY
After consideration of all comments received in response to the NOP and during the Project’s scoping meetings, the Lead Agency has identified environmental issues of concern relating to truck trips and travel, air quality, and noise impacts (see Table 1-1 and Table 1-2). No other areas of controversy associated with the proposed Project are known.
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2.0 ENVIRONMENTAL SETTING

2.1 REGIONAL SETTING AND LOCATION
The Project site is located at 534 Struck Avenue in the City of Orange, Orange County, California.

The City of Orange (City) is in the north-central portion of Orange County. The city of Anaheim borders the City to the north and northwest. The city of Garden Grove borders the City to the west and the cities of Santa Ana and Tustin, and unincorporated Orange County border the City to the east and south. Interstate 5 (I-5) is located approximately 2.0 miles southwest of the Project site and State Route 57 (SR-57) is located approximately 1.26 to the west. Regional access to the Site is provided by SR57 via Katella Avenue located approximately 1.26 miles west. The Site’s location in a regional context is shown on Figure 2-1, Regional Location Map.

2.2 LOCAL SETTING AND LOCATION
As shown on Figure 2-2, Local Vicinity Map, and Figure 2-3, USGS Topographic Map, the approximate 9.94-acre Project site (Assessor Parcel Number [APN] 375-331-04) is generally located north of Collins Avenue, east of Batavia Street, south of Struck Avenue, and west of the Orange County Transportation Authority/Southern California Regional Rail Authority (OCTA/SCRRA) Railroad. The Project site is developed with an approximate 40,000 square-foot concrete tilt-up building and parking lot and was occupied until the end of 2020 by Nursery Supplies, Inc. manufacturing facility. The site is accessed via three two-way driveways along Struck Avenue.

2.3 SURROUNDING LAND USES
The surrounding properties possess an urban and industrial character like the Project site. Existing land uses in the immediate vicinity of the Project site are illustrated on Figure 2-4, and are described below.

North: The property directly to the north of the Project site is designated for Public Facility uses and includes the City of Orange Corporate Yard and Public Works Department and the former Mary’s Kitchen, a social services organization. The Mary’s Kitchen site is now operated by HUB OC, a nonprofit organization that offers hot meals, showers, laundry, restroom, mail, and occasional social and medical services at 517 West Struck Avenue, Monday through Saturday from 9:00 am to 3:00 pm.

The operation, known as the HUB Resource Center, is run by employees and volunteers. No overnight stays or services are provided. All of the services are currently operated outside or in a rented mobile trailer (i.e., an office trailer, laundry trailer, shower trailer, etc.). On average, the HUB Resource Center serves anywhere between 80-85 meals at breakfast and 85-90 meals at lunch.

Additionally, a future residential development project is proposed on the property immediately north of HUB OC. At the time environmental review commenced, the proposed residential project was not under construction.
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Northeast/East: The property northeast and east of the Project site, on the opposite side of the OCTA/SCRRA Railroad, is developed with multifamily and industrial uses, respectively. The area to the east contains industrial buildings and a storage yard containing various vehicles and storage facilities.

South/West: The properties to the immediate south and west are designated for light industrial uses, and include several industrial and commercial businesses.

2.4 PLANNING CONTEXT

2.4.1 CITY OF ORANGE GENERAL PLAN
The Project site is designated Light Industrial (LI) in the City of Orange General Plan, as depicted on Figure 2-5, Existing General Plan Land Use Designations. The Light Industrial designation allows for the manufacturing, processing, and distribution of goods. Wholesale activities associated with industrial operations, as well as small-scale, support retail, service commercial, and office use may also be established in areas with ready access to major circulation routes. A 3-story building height limit and maximum floor area ratio of 1.0 applies within the Light Industrial designation. (Orange, 2015a)

2.4.2 ZONING
According to the City of Orange Zoning Map, and as shown on Figure 2-6, Existing Zoning Designations, the Project site is zoned as Industrial Manufacturing (M-2) (Orange, 2020). The M-2 zone intends to provide the continuation and development of heavy manufacturing industries in a location where they are compatible with and will not adversely impact adjacent land uses. This zone classification implements the Light Industrial General Plan land use designation.

2.5 EXISTING PHYSICAL SITE CONDITIONS

2.5.1 NATURAL RESOURCES AND TOPOGRAPHIC FEATURES
According to the Natural Resources Element of the City’s General Plan, portions of the City of Orange are characterized by scenic vistas that include hillsides, ridgelines, or open space areas that provide a unifying visual backdrop to the urban environment. The Project site is within the western portion of the City, where the topography is relatively flat, and very little open space exists. The Project site does not contain any scenic resources and there are no scenic vistas within proximity to the site. The Project site is within a highly urbanized industrial area.

The City identifies significant wildlife habitat as being in the City’s undeveloped hillside areas, East Orange, and park and open spaces (particularly near Santiago Creek, Santiago Oaks Regional Park, Irvine Regional Park, and Peters Canyon Regional Park) (Orange, 2015b). 354
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The Project site is fully developed within an urbanized setting and there are no natural habitats on the Project site or immediately surrounding area. Additionally, the Project is located outside the identified wildlife corridors. According to the City’s General Plan Environmental Impact Report (EIR), urbanized areas provide low habitat value for sensitive species. There are no sensitive species on the Project site or immediately surrounding area. Additionally, there are no areas within the Project’s vicinity which could function as a wildlife corridor or nursery site for wildlife.

2.5.2 AIR QUALITY AND CLIMATE
The Project site is within the South Coast Air Basin (SCAB) within the jurisdiction of the South Coast Air Quality Management District (South Coast AQMD). Under the Air Quality Management Act, the South Coast AQMD is responsible for bringing air quality in areas under its jurisdiction into conformity with federal and State air quality standards. The SCAB is a 6,745-square mile subregion of the South Coast AQMD that includes portions of Los Angeles, Riverside, and San Bernardino Counties, and all of Orange County.

Refer to EIR Subsections 4.1, Air Quality, and 4.6, Greenhouse Gas Emissions, for a more detailed discussion of the existing air quality and climate setting in the Project area.

2.5.3 CULTURAL RESOURCES & TRIBAL CULTURAL RESOURCES
The Project site is not designated as a historic resource nor is the site proposed as a historic resource; no listed or designated historical resources are in proximity to the Site (Orange, 2015c). Additionally, no cultural resources have been recorded within the Project site (Duke, 2021). However, two potential historic resources were recorded within one-half mile of the Project: P-30-176663 and P-30-159932.

P-30-176663 is a portion of the OCTA/SCRRA Railroad located a one-half mile southwest of the Project site. This portion of the OCTA/SCRRA Railroad was determined ineligible for listing on the National Registry of Historic Places (NRHP) because it is currently in use and has had continual maintenance and upgrades necessary for modern rail and thus diminished the historic integrity. P-30- 159932 consists of several buildings located in the Old Towne Orange Historic District and is listed on the NRHP (No. 97000617).

Refer to EIR Subsections 4.3, Cultural Resources, and 4.11, Tribal Cultural Resources, for a more detailed discussion of the existing cultural and tribal resources setting in the Project area.

2.5.4 GEOLOGY
The Project site is located within the highly seismic Southern California region within the influence of several fault systems. The Project site is not within a State of California Alquist-Priolo Earthquake Fault Zone. Additionally, the Project site is not within any other fault zone. The San Joaquin Hills and Elsinore fault zones are located approximately 7.5 miles to the south and 8.3 miles to the northeast, respectively, of the Project site (GeoTek, 2020a).
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2.5.5 HYDROLOGY
The Project site is within the Santa Ana River Basin and within the Coastal Plain of Orange County Basin (Basin 8-1). Under existing conditions, the Project site slopes down at approximately 1 percent grade to the west. The existing drainage pattern for the site is characterized by draining south to north and east to west. Most of the on-site flows drain to a ribbon gutter located on the western side of the site that conveys flows off-site to Struck Avenue without mitigation or treatment. The eastern portion of the site, including the existing railroad track, drains south to north along an existing curb and gutter.

All flows from the eastern portion of the Site also drain north towards Struck Avenue. Flows exiting the site are captured in a set of catch basins located at the Struck Avenue/Batavia Street intersection.

From this catch basin flows are conveyed into an existing 33-inch storm drain, which transitions to a 36-inch storm drain just west of the site to Collins Channel and ultimately the Santa Ana River.

According to the Federal Emergency Management Agency (FEMA) flood map No. 06059C0161J, the Project site is within Zone X (Unshaded), an area of minimal flood hazard (FEMA, 2009). The Project does not have the potential to impede or redirect flood flows.

Refer to EIR Subsection 4.8, Hydrology and Water Quality, for a more detailed discussion of the Project’s Site existing hydrology and water quality setting.

2.5.6 NOISE
Noise generated at the Project site under existing conditions is limited to surface street vehicle noise which includes auto and heavy truck activities on the surrounding roadways (Struck Avenue, Collins Avenue, Parker Street, and Brenna Lane) and the railroad tracks located east of the Project site.

Refer to EIR Subsection 4.9, Noise, for a more detailed discussion of the Project’s Site existing noise setting.

2.5.7 TRANSPORTATION
As stated, the Project site is located south of Struck Avenue and east of North Parker Avenue. Struck Avenue is classified as a Collector Street (2 lanes undivided), Batavia Street (located approximately

0.1-mile west of the Project site) is classified as a Primary Arterial (4 lanes divided), and Katella Avenue (located approximately 0.2-mile north of the Project site) is classified as a Smart Street (6-8 lanes divided). Additionally, the Katella Avenue/Batavia Street intersection is identified as a critical intersection, which is an intersection that deviates from the City’s typical design standards by increasing the number of lanes at an intersection beyond what typically would be required. By increasing capacity at the critical intersection, the circulation link increases overall system capacity (Orange, 2015d).

The Orange County Transit Authority (OCTA) provides bus service for the City (Orange, 2015d). The nearest bus stop to the Project site is the Route 50 Katella-Batavia bus stop operated by OCTA located approximately 0.2-mile (approximate 4-minute walk) northwest. 358
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The Project site is not located in any of the key commercial corridors of the pedestrian-oriented streetscape master plan as identified by the City. The Project site is within an urbanized and industrial portion of the City that is not conducive to walking. Under existing conditions, sidewalks are provided along Struck Avenue, except along the Project’s site frontage.

As previously discussed, the Project site is within an industrialized area of the City. There are no existing or proposed bicycle facilities in the Project area.

Refer to EIR Subsection 4.10, Transportation, for a more detailed discussion of the Project site’s existing transportation setting.

2.5.8 UTILITIES AND SERVICE SYSTEMS
The City of Orange Water Division provides potable water service (water supplies include imported water, groundwater, and surface water) to over 139,000 residents within the City’s 32 square-mile planning area, including the Project site. The Orange County Sanitation District (OCSD) provides wastewater services to the City and to the Project site.

Under existing conditions, the Project site is served by Southern California Edison (SCE) for electrical power, Southern California Gas Company (SoCal Gas) for natural gas, and AT&T for telephone and fiber optics.
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3.0 PROJECT DESCRIPTION
This section will provide all of the information required for an EIR Project Description by CEQA Guidelines §15124, including a description of the Project’s precise location and boundaries; a statement of the Project’s objectives; a description of the Project’s technical, economic, and environmental characteristics; and a description of the intended use of this EIR, including a list of the government agencies that are expected to use this EIR in their decision-making process; a list of the permits and approvals that are required to implement the project; and a list of related environmental review and consultation requirements.

3.1 REGIONAL SETTING
The Project site is located at 534 Struck Avenue in the City of Orange, Orange County, California. As shown in, Figure 2-1, Regional Location Map, the City of Orange (City) is in the north-central portion of Orange County. The city of Anaheim borders the City to the north and northwest. The city of Garden Grove borders the west and the cities of Santa Ana and Tustin, and unincorporated Orange County border the City to the east and south. Interstate 5 (I-5) is located approximately 2.0 miles southwest of the Project site and State Route 57 (SR-57) is located approximately 1.26 to the west. Regional access to the site is provided by SR-57 via Katella Avenue located approximately 1.26 miles west.

3.2 PROJECT LOCATION AND SETTING
As shown in Figure 2-2, Local Vicinity Map, the approximate 9.94-acre Project site (Assessor Parcel Number [APN] 375-331-04) is generally located north of Collins Avenue, east of Batavia Street, south of Struck Avenue, and west of the Orange County Transportation Authority/ Southern California Regional Rail Authority (OCTA/SCRRA) Railroad.

Until the end of 2020, the Project site was occupied by Nursery Supplies, Inc., a manufacturer of plastic nursery planting pots. Site improvements consist of an approximate 40,000 square-foot concrete tiltup building and parking lot, as shown in Figure 3-1, Existing Site Plan. The Project site contains ornamental landscaping along the site’s frontage at Struck Avenue.

The site is accessed via three two-way driveways along Struck Avenue. Additionally, there is an existing, private railroad track on the eastern portion of the Project site that connects to the OCTA/SCRRA Railroad track. Nursery Supplies Inc., did not utilize this the private railroad, but utilized the larger OCTA/SCRRA Railroad track located east of the on-site private railroad track.

3.3 STATEMENT OF OBJECTIVES
The fundamental purpose and goal of the Project is to accomplish the orderly development of an appropriately zoned and designated truck terminal in the City of Orange while also contributing to increased employment opportunities within the area. The project objectives have been refined throughout the planning and design process for the proposed Project and are listed below:
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• Create a professional, well-maintained and attractive environment for the development of a truck terminal consistent with the underlying zoning adjacent to nearby transportation routes, including State Route 57 (SR-57) and Interstate 5 (I-5). • Provide the entitlements and framework for the development of a truck terminal with warehouse and office spaces that are responsive to local and regional trade demands. • Provide development that will enhance the City’s economic well-being and employment opportunities for community residents.
• Develop the site with a use that has architectural design and operational characteristics that are compatible with other existing and planned developments in the local area. • Provide a fully secured premise with active management to strengthen the security and safety for the local area.
• Redevelop the Project site with a new modern building that meet current California Building Code and California Green Building Code Stands with increased energy efficiency with existing available infrastructure.

3.4 PROPOSED PROJECT
The purpose of the Project is to implement the City’s vision of redeveloping underutilized parcels with intensified uses, such as truck terminal, warehousing, light industrial, manufacturing, and fulfillment centers. The Project involves the demolition of the existing 40,000 square foot (sf) manufacturing facility, see Figure 3-1, and redevelopment of the Project site. Redevelopment of the Project site would also include the removal of the existing, unused private railroad spur located on the east side of the site.

The Project entails a proposed Conditional Use Permit No. 3137-21, Major Site Plan Review No. 1039- 21, and Design Review No. 5028-21. The Project Applicant is proposing to redevelop the site with a 57,900 sf truck terminal, that includes 52,900 sf of warehouse space and 5,000 sf of office space, and a 5,400-sf maintenance building as shown in Figure 3-2, Truck Terminal Site Plan. The proposed building would be 45 ft in height and include 84 dock doors in a cross-dock configuration. The Project would provide automobile parking stalls in excess of the requirements of the Orange Municipal Code (OMC), which require 47 automobile parking stalls. The Project would provide a total of 62 automobile parking stalls consisting of 59 standard parking stalls, 2 standard accessible parking stalls, and one 12 ft by 18 ft accessible parking stall. Additionally, the Project would provide 188 trailer parking stalls. 361
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Ornamental landscaping, lighting, and walls would be installed per compliance with the OMC. The building would operate 24 hours a day, 7 days a week. It is anticipated that the facility would employ approximately 60 to 130 employees.

The Project would be developed in compliance with applicable provisions of the City’s Municipal Code, including established development standards. A description of the Project components is provided below.

3.4.1 BUILDING CHARACTERISTICS AND OPERATIONS
Development of the truck terminal would replace the existing building with a new modern building elevation. As shown in Figure 3-3, Architectural Elevation, the proposed building would consist of concrete tilt-up panels. The north elevation facing Struck Avenue would feature a neutral color palette consisting of grays and whites, dark green accents, and green reflective glazing. The east and west elevations consist of 84 dock doors. The 45-foot-tall building would be setback 10 feet from Struck Avenue. A maintenance building at the southwest portion of the property would be constructed behind the facility, out of sight from public views. The final design and architectural style of the proposed buildings are subject to review and approval by the City’s Design Review Committee.

At the time this EIR was prepared, the future occupant(s) of the proposed buildings is unknown, but is expected to house a tenant that provides less than truckload (LTL) Freight services. For purposes of evaluation in this EIR, the Project is assumed to be operational 24 hours per day, 7 per week, with exterior loading and parking areas illuminated at night. The buildings are designed such that business operations would be conducted within the enclosed building, with the exception of traffic movement, parking, and the loading and unloading of tractor trailers at designated loading bays located to the east and west of the building. The outdoor cargo handling equipment used during loading, and unloading of trailers (e.g., yard trucks, hostlers, yard goats, pallet jacks, forklifts) is expected to be non-diesel powered per contemporary industry standards. As a practical matter, dock doors on warehouse buildings are not occupied by a truck at all times of the day. There are typically many more dock door positions on warehouse buildings than are needed for receiving and shipping volumes. The dock doors that are in use at any given time are usually selected based on interior building operation efficiencies.

In other words, trucks dock in the position closest to where the goods carried by the truck are stored inside the warehouse. As a result, many dock door positions are frequently inactive throughout the day.

It should also be noted that pursuant to the CEQA, this Project EIR could have assumed the prior operator’s activities in the existing baseline condition. For many decades the site was actively operated with manufacturing uses that created traffic, air emissions, etc. However, in an effort to be conservative, this Project EIR did not take credit for any historical operations and this EIR analyzes the proposed Project as if the site were vacant and as if all of the attendant impacts emanating from the Project site are new – when in fact this is not the case. Thus, the reader should note that the Project EIR reflects a highly conservative estimation of potential environmental impacts and likely overstates potential Project impacts.
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3.4.2 TRAFFIC, CIRCULATION AND PARKING
A. Traffic
Based on a Project-specific analysis conducted by Urban Crossroads, Inc. (Technical Appendix K1), and as discussed in Subsection 4.10, Transportation, to this EIR, the proposed Project is estimated to generate a total of 396 two-way daily trips with 26 AM peak hour trips and 23 PM peak hour trips.

B. Vehicle Circulation
Vehicular access to the site is currently provided via three two-way driveways along Struck Avenue.

With the Project, vehicular access to the Project site would be provided via two driveways along the site’s northern border along Struck Avenue. Emergency vehicle circulation will be provided from all site vehicular access areas.

The proposed building would generate truck-trailer trips, and trucks would be required to utilize Citydesignated truck routes to and from the Project site. The implementation of the Project would not require widening of surrounding roadways to accommodate truck-trailer traffic. Truck-trailers would travel to and from the site from the SR-57 and Katella Avenue. Katella Avenue adjacent to the Project is identified as a truck route. Truck-trailer travel would be limited to:
• Truck-trailers exiting the site would travel west on Struck Avenue, turn right onto northbound Batavia Street and turn left onto westbound Katella Avenue to access the SR-57. • Truck-trailers entering the site would exit the SR-57 at Katella eastbound, turn right at Batavia Street southbound, and turn left onto Struck Avenue eastbound. • Traveling eastbound from SR-57 on Katella Avenue, truck-trailers would be prohibited from turning right onto Struck Avenue to access the site. West of Batavia Street, all eastbound and westbound truck-trailer movement will occur on Katella Avenue.

C. Parking
Under existing conditions, the Project site contains 70 vehicular parking stalls and 81 trailer parking stalls (a total of 151 parking stalls). The Project would remove approximately 315 linear feet of onstreet parking along Struck Avenue which equates to approximately 20 parking stalls (315 feet/16 feet) in accordance to the City’s plans for Struck Avenue.

According to the OMC, Chapter 17.34, Off-Street Parking and Loading, the Project is required to provide 47 parking stalls. The Project would construct 62 passenger car parking stalls (including 3 accessible parking spaces) and 188 trailer parking stalls (for a total of 250 parking stalls) on-site. 366
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D. Landscaping, Lighting, and Walls
As depicted in Figure 3-4, Conceptual Landscape Plan, the Project Applicant will incorporate ornamental landscaping at the site’s frontage along Struck Avenue and add the southwest and southeast corners of the site. A comprehensive landscape plan will be provided for the Project, which includes a variety of new trees, shrubs, and groundcover. The Project is proposing to plant 78 trees (24-inch to 48-inch box) and would be required to comply with the landscape standards established in the OMC (Chapter 16.50, Landscape Requirements).

Exterior lighting would be installed on-site, as necessary, for safety and security. Decorative architectural lighting would also be installed to accent building entries as focal points throughout the site.

The Project Applicant would install an approximately 8-foot-high tubular steel fencing along the site’s perimeter to enclose the proposed building, parking area, truck court, and loading dock area. The fence would also serve as a safety precaution to protect visitors and/or employees on-site from vandalism and theft and from traversing the OCTA/SCRRA Railroad track immediately east of the site.

3.5 PROJECT CONSTRUCTION DETAILS
A. Proposed Physical Disturbances
As shown in Figure 3-5, Proposed Grading Plan, approximately 3,799 cubic yards of imported soil is required to balance the site. To be conservative and for purposes of the analysis of construction-related impacts, approximately 1,000 cubic yards of soil export has been assumed. Soil haul would require 24 haul trips over a 25-day period1
. Haul trucks would utilize Batavia and Katella to reach the SR-57 Freeway. Additionally, approximately 10,905 tons of concrete and asphalt will be crushed and reused onsite. Ground disturbance will involve approximately 20 feet in depth for the water quality BMPs in the northwest corner of the Project, 12 feet for utilities, and 5 feet in depth for the remainder of the Project.
1 Based on the total import/export quantity of ~4,799 cubic yards, CalEEMod assumes a default of 16 cubic yard haul capacity per load (4,799 CY/16 CY x 2 (two-way trips) / 25 days = ~24 haul truck trips [two-way]). 367
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B. Timing of Construction Activities
The Project would be developed in one phase for a duration of 16 months. Construction is expected to commence in July 2023 and will last through November 2024. The construction schedule utilized in the analysis, represents a “worst-case” analysis scenario should construction occur any time after the respective dates since emission factors for construction decrease as time passes and the analysis year increases due to emission regulations becoming more stringent. The duration of construction activity and associated equipment represents a reasonable approximation of the expected construction fleet.

The anticipated duration of each phase of construction is identified in Table 3-1, Construction Activity Phases and Durations.

Table 3-1 Construction Activity Phases and Durations
Phase Name Days
Demolition 90
Site Preparation 5
Grading 25
Building Construction 230
Paving 60
Architectural Coating 30
C. Anticipated Construction Equipment
For analytical purposes, the construction equipment list is be based on CalEEMod default settings and confirmed with the Project Applicant as being reasonable. According to the City, construction activities are allowed from 7:00 a.m. to 8:00 p.m. Monday through Saturday and are prohibited Sundays and federal holidays. Consistent with industry standards and typical construction practices, each piece of equipment will operate up to a total of eight (8) hours per day, or more than two-thirds of the period during which construction activities are allowed pursuant to the code. It should be noted that most pieces of equipment would likely operate for fewer hours per day. The anticipated construction equipment requirements are identified in Table 3-2, Construction Equipment Requirements. 370
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Table 3-2 Construction Equipment Requirements
Activity Equipment Number Hours Per Day
Demolition
Concrete/Industrial Saws 1 8
Excavators 3 8
Rubber Tired Dozers 2 8
Site Preparation
Rubber Tired Dozers 3 8
Tractors/Loaders/Backhoes 4 8
Grading
Excavators 1 8
Graders 1 8
Rubber Tired Dozers 1 8
Tractors/Loaders/Backhoes 5 8
Building Construction
Cranes 1 8
Forklifts 3 8
Generator Sets 1 8
Tractors/Loaders/Backhoes 3 8
Welders 1 8
Paving
Pavers 2 8
Paving Equipment 2 8
Rollers 2 8
Architectural Coating Air Compressors 1 8

3.6 SUMMARY OF REQUESTED ACTIONS
The City of Orange has primary approval responsibility for the proposed Project. As such, the City serves as the Lead Agency for this EIR pursuant to CEQA Guidelines § 15050. The role of the Lead Agency was previously described in detail in Section 1.0 of this EIR. As part of the approval process for the proposed Project, the City’s City Council will hold public hearing to consider the certification of the EIR. The City Council will decide whether to approve, approve with changes, or deny this Project. The anticipated approvals required for the project are summarized below:
• Certification of the 534 Struck Avenue Project Environmental Impact Report • Adoption of the Mitigation Monitoring and Reporting Program • Approval of Conditional Use Permit No. 3137-21, Major Site Plan Review No. 1039-21, Design Review No. 5028-21, and Environmental Review No. 1870-20 371
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4.0 ENVIRONMENTAL ANALYSIS

4.0.1 SUMMARY OF EIR SCOPE
In accordance with CEQA Guidelines Sections 15126-15126.4, this EIR Section includes analyses of potential direct, indirect, and cumulatively-considerable impacts that could occur from planning, constructing, and/or operating the proposed Project.

The City of Orange distributed a NOP for this EIR to public agencies and interested individuals and posted the NOP on its website to solicit input on the scope of environmental study for the Project. The City of Orange also held two EIR Scoping Meetings to solicit input from the general public on the scope of environmental analysis for the Project. Taking all known information and public comments into consideration, 11 primary environmental subject areas are evaluated in detail in this Section 4.0, as listed below. Each subsection evaluates several specific topics related to the primary environmental subject. The title of each subsection is not limiting; therefore, refer to each subsection for a full account of the subject matters addressed therein.

4.1 Air Quality

4.2 Biological Resources

4.3 Cultural Resources

4.4 Energy

4.5 Geology and Soils

4.6 Greenhouse Gas Emissions

4.7 Hazards and Hazardous Materials

4.8 Hydrology and Water Quality

4.9 Noise

4.10 Transportation

4.11 Tribal Cultural Resources
After conducting preliminary research and in consideration of all comments received by the City on the scope of this EIR and documented in the City’s administrative record, the City determined that the Project clearly had no potential to result in significant impacts to nine (9) environmental subjects:

Aesthetics, Agriculture and Forestry Resources; Land Use and Planning; Mineral Resources; Population and Housing; Public Services; Recreation; Utilities and Service Systems; and Wildfire.

These nine subjects are discussed in Section 5.0, Other CEQA Considerations.

4.0.2 ANALYSIS FORMAT
Subsections 4.1 through 4.11 of this EIR evaluate the 11 environmental subjects warranting detailed analysis as determined by the City in consideration of preliminary research findings, public comments, and technical study. The format of discussion is standardized as much as possible in each section for ease of review. The environmental setting is discussed first, followed by a discussion of the potential environmental impacts that would result from implementation of the Project (which is based on specified thresholds of significance used as criteria to determine whether potential environmental effects are significant).

The thresholds of significance used in this EIR are based on the thresholds of significance identified in Appendix G to the CEQA Guidelines. The thresholds are intended to assist the reader of this EIR in 372
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understanding how and why this EIR reaches a conclusion that an impact would or would not occur, is significant, or is less than significant.

Serving as the CEQA Lead Agency for this EIR, the City is responsible for determining whether an adverse environmental effect identified in this EIR should be classified as significant or less than significant. The standards of significance used in this EIR are based on the independent judgment of the City, taking into consideration the City’s General Plan, the Orange Municipal Code and adopted City policies, the judgment of the technical experts that prepared this EIR’s Technical Appendices, performance standards adopted, implemented, and monitored by regulatory agencies, and significance standards recommended by regulatory agencies.

As required by CEQA Guidelines Section 15126.2(a), Project-related effects on the environment are characterized in this EIR as direct, indirect, cumulatively considerable, short-term, long-term, on-site, and/or off-site impacts. A summarized “impact statement” is provided in each subsection following the analysis. Each subsection also includes a discussion or listing of the applicable regulatory criteria (laws, policies, regulations) that the Project and its implementing actions are required to comply with (if any). If impacts are identified as significant after mandatory compliance with regulatory criteria, feasible mitigation measures are presented that would either avoid the impact or reduce the magnitude of the impact. For any impact identified as significant and unavoidable, the City would be required to adopt a statement of overriding considerations pursuant to CEQA Guidelines Section 15093 in order to approve the Project despite its significant impact(s) to the environment. The statement of overriding considerations would list the specific economic, legal, social, technological, and other benefits of the Project, supported by substantial evidence in the Project’s administrative record, that outweigh the unavoidable impacts.

4.0.3 SCOPE OF CUMULATIVE EFFECTS ANALYSIS
CEQA requires that an EIR contain an assessment of the cumulative impacts that may be associated with a project. As noted in CEQA Guidelines Section 15130(a), “an EIR shall discuss cumulative impacts of a project when the project’s incremental effect is cumulatively considerable.” “A cumulative impact consists of an impact which is created as a result of the combination of the project evaluated in the EIR together with other projects creating related impacts” (CEQA Guidelines Section 15130(a)(1)). As defined in CEQA Guidelines Section 15355:
‘Cumulative Impacts’ refers to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.
(a) The individual effects may be changes resulting from a single project or a number of separate projects.
(b) The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other 373
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closely related past, present, and reasonably foreseeable probable future projects.

Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.

CEQA Guidelines Section 15130(b) describes two acceptable methods for identifying a study area for purposes of conducting a cumulative impact analysis. These two approaches include: “1) a list of past, present, and probable future projects producing related or cumulative impacts, including if necessary, those projects outside the control of the agency [‘the list of projects approach’], or 2) a summary of projections contained in an adopted general plan or related planning document, or in a prior environmental document which has been adopted or certified, which described or evaluated regional or area wide conditions contributing to the cumulative impact [‘the summary of projections approach’].”
The cumulative impact analysis in this EIR uses both Methods 1) list of projects and 2) summary of projections approach). Method 2 uses the City of Orange’s 2010 General Plan and Land Use Element, which were adopted by the City Council in March 2010. Cumulative impact analyses will use the projections in the long-range planning documents–such as Orange’s General Plan, Southern California Association of Governments’ in its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and South Coast Air Quality Management District’s 2016 Air Quality Management Plan (AQMP). This information was supplemented with a list of related projects (Method 1), described in detail below. The potential buildout under the General Plan’s implementation would result in 65,680 residential units, 70,001 square feet of non-residential uses, and a population of 191,715 in the City and its sphere of influence.

Cumulative impact analyses for several topical sections are also based on the most appropriate geographic boundary for the respective impact. For example, cumulative air quality impacts are based on the South Coast Air Basin (SCAB), which includes other jurisdictions besides the City of Orange.

The approach is further discussed below and in each respective topical section. Several potential cumulative impacts that encompass regional boundaries (e.g., air quality, greenhouse gases, transportation) have been addressed in the context of various regional plans and defined significance thresholds. Following is a summary of the approach and extent of cumulative impacts, which is further detailed in each topical environmental section.
• Air Quality. Air quality impacts are based on the regional boundaries of the SCAB. • Biological Resources. Biological resources impacts are based on the City boundary. • Cultural Resources. Cultural resources impacts are site specific and generally do not combine to result in cumulative impacts. The cumulative analysis of cultural and historical resources includes the Project site and immediately surrounding area. 374
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• Energy. Energy impacts are based on the service areas of Southern California Edison and SoCalGas.
• Geological Resources. Geologic and soils impacts are site specific and generally do not combine to result in cumulative impacts. However, the cumulative analysis considers the Project site and nearby related projects (see Table 4.0-1). • Greenhouse Gas (GHG) Emissions. Potential GHG impacts are not bounded by geography but affect global climate change. The assessment of cumulative GHG impacts, therefore, is based on consistency with South Coast AQMD’s GHG emissions threshold to achieve targeted reductions.
• Hazards and Hazardous Materials. Cumulative analysis highlights the regulatory requirements related to the storage, handling, and use of hazardous substances. Project impacts, however, are site specific, and generally would not combine with impacts of other projects to result in cumulatively considerable impacts. However, the cumulative analysis considers the Project site and nearby related projects (see Table 4.0-1). • Hydrology and Water Quality. Hydrology and water quality impacts are based on the boundaries of the Santa Ana River watershed.
• Noise. Cumulative traffic noise is assessed relative to applicable City General Plan noise-level standards and considers development of the proposed Project in conjunction with other development projects in the vicinity of the Project site. The study area is aligned with the traffic study area.
• Transportation. The traffic study considers both project-specific impacts and the project’s cumulative contribution to traffic in the project vicinity. To account for background traffic growth, an ambient growth factor from Existing (2022) conditions of 4.04% (2 percent per year, compounded over 2 years) is included for Opening Year Cumulative (2024) traffic conditions. Conservatively, the traffic analysis estimates the area ambient traffic growth and then adds traffic generated by other known or probable related projects.

Additionally, the proposed Project falls under the VMT impact thresholds, and the cumulative transportation analysis reviews State and regional long-term VMT and GHG reduction goals. • Tribal Cultural Resources. Considers Native American territory that includes the Project site and surrounding area, as provided by the Native American Heritage Commission. 375
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4.0.4 RELATED PROJECTS
The list of related projects was prepared based the Project’s Traffic Analysis (Technical Appendix K1) in coordination with the City. A total of 5 cumulative projects were identified in the study area for the traffic study, shown on Table 4.0-1, Cumulative Development Land Use Summary, and Figure 4.0-1, Cumulative Development Location Map.

Table 4.0-1 Cumulative Development Land Use Summary
ID Project/Location Land Use Quantity Units
01 759 N. Eckhoff Street Warehousing 290.900 TSF
02 500 W. Collins Avenue Warehousing 128.953 TSF
03 637 W. Struck Avenue Multifamily (Low-Rise) Residential 62 DU 04 1325 W. Katella Avenue Car Wash 13.860 TSF
05 1234 N. Main Street Convenience Store Expansion 0.800 TSF DU = Dwelling Units; and TSF = Thousand Square Feet
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4.1 AIR QUALITY
The following analysis is based in part on information obtained from a technical report entitled, Air Quality Impact Analysis, which was prepared by Urban Crossroads, Inc., dated January 12, 2023 and is included as Technical Appendix B1 to this EIR (Urban Crossroads, 2023a). Additionally, Urban Crossroads prepared the Mobile Source Health Risk Assessment, which was prepared in January 12, 2023, and is appended to this EIR as Technical Appendix B2 (Urban Crossroads, 2023b). Refer to Section 7.0, References, for a complete list of reference sources.

4.1.1 EXISTING CONDITIONS
A. South Coast Air Basin
The Project site is in the South Coast Air Basin (SCAB) within the jurisdiction of South Coast Air Quality Management District (South Coast AQMD). The South Coast AQMD was created by the 1977 Lewis-Presley Air Quality Management Act, which merged four county air pollution control bodies into one regional district. Under the Act, the South Coast AQMD is responsible for bringing air quality in areas under its jurisdiction into conformity with federal and state air quality standards. As previously stated, the Project site is located within the SCAB, a 6,745-square mile subregion of the South Coast AQMD, which includes the non-desert portions of Los Angeles, Riverside, and San Bernardino Counties, and all of Orange County. The SCAB is bounded by the Pacific Ocean to the west and the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, and the San Diego Air Basin to the south.

B. Climate and Meteorology
The regional climate has a substantial influence on air quality in the SCAB. In addition, the temperature, wind, humidity, precipitation, and amount of sunshine influence the air quality. The annual average temperatures throughout the SCAB vary from the low to middle 60s degrees Fahrenheit (°F). Due to a decreased marine influence, the eastern portion of the SCAB shows greater variability in average annual minimum and maximum temperatures. January is the coldest month throughout the SCAB, with average minimum temperatures of 47°F in downtown Los Angeles and 36°F in San Bernardino. All portions of the SCAB have recorded maximum temperatures above 100°F.

Although the climate of the SCAB can be characterized as semi-arid, the air near the land surface is quite moist on most days because of the presence of a marine layer. This shallow layer of sea air is an important modifier of SCAB climate. Humidity restricts visibility in the SCAB, and the conversion of sulfur dioxide (SO2) to sulfates (SO4) is heightened in air with high relative humidity. The marine layer provides an environment for that conversion process, especially during the spring and summer months.

The annual average relative humidity within the SCAB is 71% along the coast and 59% inland. Since the ocean effect is dominant, periods of heavy early morning fog are frequent and low stratus clouds are a characteristic feature. These effects decrease with distance from the coast. 378
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More than 90% of the SCAB’s rainfall occurs from November through April. The annual average rainfall varies from approximately nine inches in Riverside to fourteen inches in downtown Los Angeles. Monthly and yearly rainfall totals are extremely variable. Summer rainfall usually consists of widely scattered thunderstorms near the coast and slightly heavier shower activity in the eastern portion of the SCAB with frequency being higher near the coast.

Due to its generally clear weather, about three-quarters of available sunshine is received in the SCAB.

The remaining one-quarter is absorbed by clouds. The ultraviolet portion of this abundant radiation is a key factor in photochemical reactions. On the shortest day of the year, there are approximately 10 hours of possible sunshine, and on the longest day of the year, there are approximately 14½ hours of possible sunshine.

The importance of wind to air pollution is considerable. The direction and speed of the wind determines the horizontal dispersion and transport of the air pollutants. During the late autumn to early spring rainy season, the SCAB is subjected to wind flows associated with the traveling storms moving through the region from the northwest. This period also brings five to ten periods of strong, dry offshore winds, locally termed “Santa Anas” each year. During the dry season, which coincides with the months of maximum photochemical smog concentrations, the wind flow is bimodal, typified by a daytime onshore sea breeze and a nighttime offshore drainage wind. Summer wind flows are created by the pressure differences between the relatively cold ocean and the unevenly heated and cooled land surfaces that modify the general northwesterly wind circulation over southern California. Nighttime drainage begins with the radiational cooling of the mountain slopes. Heavy, cool air descends the slopes and flows through the mountain passes and canyons as it follows the lowering terrain toward the ocean.

Another characteristic wind regime in the SCAB is the “Catalina Eddy,” a low level cyclonic (counterclockwise) flow centered over Santa Catalina Island which results in an offshore flow to the southwest. On most spring and summer days, some indication of an eddy is apparent in coastal sections.

In the SCAB, there are two distinct temperature inversion structures that control vertical mixing of air pollution. During the summer, warm high-pressure descending (subsiding) air is undercut by a shallow layer of cool marine air. The boundary between these two layers of air is a persistent marine subsidence/inversion. This boundary prevents vertical mixing which effectively acts as an impervious lid to pollutants over the entire SCAB. The mixing height for the inversion structure is normally situated 1,000 to 1,500 feet above mean sea level. A second inversion-type forms in conjunction with the drainage of cool air off the surrounding mountains at night followed by the seaward drift of this pool of cool air. The top of this layer forms a sharp boundary with the warmer air aloft and creates nocturnal radiation inversions. These inversions occur primarily in the winter, when nights are longer and onshore flow is weakest. They are typically only a few hundred feet above mean sea level. These inversions effectively trap pollutants, such as nitrogen oxides (NOX) and carbon monoxide (CO) from vehicles, as the pool of cool air drifts seaward. Winter is therefore a period of high levels of primary pollutants along the coastline.

The distinctive climate of the Project area and the SCAB is determined by its terrain and geographical location. The SCAB is located in a coastal plain with connecting broad valleys and low hills, bounded 379
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by the Pacific Ocean in the southwest quadrant with high mountains forming the remainder of the perimeter. Wind patterns across the south coastal region are characterized by westerly and southwesterly onshore winds during the day and easterly or northeasterly breezes at night. Winds are characteristically light although the speed is somewhat greater during the dry summer months than during the rainy winter season.

C. Criteria Pollutants and Associated Health Effects
Criteria pollutants are pollutants that are regulated by federal and state laws through the development of human health based and/or environmentally based criteria for setting permissible levels. Criteria pollutants, their typical sources, and health effects are identified below:
• Carbon Monoxide (CO) is a colorless, odorless gas produced by the incomplete combustion of carbon-containing fuels, such as gasoline or wood. CO concentrations tend to be the highest in the winter during the morning, when little to no wind and surface-based inversions trap the pollutant at ground levels. CO is emitted directly from internal combustion engines; therefore, motor vehicles operating at slow speeds are the primary source of CO in the SCAB. The highest ambient CO concentrations are generally found near congested transportation corridors and intersections. Individuals with a deficient blood supply to the heart are the most susceptible to the adverse effects of CO exposure.

The effects observed include earlier onset of chest pain with exercise, and electrocardiograph changes indicative of decreased oxygen supply to the heart. Inhaled CO has no direct toxic effect on the lungs but exerts its effect on tissues by interfering with oxygen transport and competing with oxygen to combine with hemoglobin present in the blood to form carboxyhemoglobin (COHb). Therefore, conditions with an increased demand for oxygen supply can be adversely affected by exposure to CO. Individuals most at risk to the effects of CO include fetuses, patients with diseases involving heart and blood vessels, and patients with chronic oxygen deficiency.
• Sulfur Dioxide (SO2) is a colorless gas or liquid. SO2 enters the atmosphere as a pollutant mainly as a result of burning high sulfur-content fuel oils and coal and from chemical processes occurring at chemical plants and refineries. When SO2 oxidizes in the atmosphere, it forms sulfates (SO4). Collectively, these pollutants are referred to as sulfur oxides (SOX). SO2 is a respiratory irritant to people afflicted with asthma. After acute exposure to SO2, asthma sufferers can experience breathing difficulties, including airway constriction and reduction in breathing capacity. Although healthy individuals do not exhibit similar acute breathing difficulties even after exposure to higher concentrations to SO2, animal studies suggest that very high levels of exposure can cause lung edema (fluid accumulation), lung tissue damage, and sloughing off of cells lining the respiratory tract. • Nitrogen Oxides (NOX) consist of nitric oxide (NO), nitrogen dioxide (NO2) and nitrous oxide (N2O) and are formed when nitrogen (N2) combines with oxygen (O2). Their lifespan in the atmosphere ranges from one to seven days for nitric oxide and nitrogen dioxide, to 380
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170 years for nitrous oxide. Nitrogen oxides are typically created during combustion processes and are major contributors to smog formation and acid deposition. NO2 is a criteria air pollutant and may result in numerous adverse health effects; it absorbs blue light, resulting in a brownish-red cast to the atmosphere, and reduced visibility. Of the nitrogen oxide compounds, NO2 is the most abundant in the atmosphere. As ambient concentrations of NO2 are related to traffic density, commuters in heavy traffic may be exposed to higher concentrations of NO2 than those indicated by regional monitoring stations. Population-based studies suggest that an increase in acute respiratory illness, including infections and respiratory symptoms in children (not infants), is associated with long-term exposure to NO2 at levels higher than ambient levels in Southern California.

Short-term exposure to NO2 can result in resistance to air flow and airway contraction in healthy subjects. Exposure to NO2 can result decreases in lung functions in individuals with asthma or chronic obstructive pulmonary diseases (e.g., chronic bronchitis, emphysema), as these individuals are more susceptible to the effects of NOX than healthy individuals. • Ozone (O3) is a highly reactive and unstable gas that is formed when volatile organic compounds (VOCs) and NOX, both byproducts of internal combustion engine exhaust, undergo slow photochemical reactions in the presence of sunlight. Ozone concentrations are generally highest during the summer months when direct sunlight, warm temperatures, and light wind conditions are favorable to the formation of this pollutant. Short-term exposure (lasting for a few hours) to ozone at levels typically observed in Southern California can result in breathing pattern changes, reduction of breathing capacity, increased susceptibility to infections, inflammation of the lung tissue, and some immunological changes. Individuals exercising outdoors, children, and people with preexisting lung disease, such as asthma and chronic pulmonary lung disease, are considered to be the most susceptible sub-groups for ozone effects. An increased risk for asthma has been found in children who participate in multiple sports and reside in communities with high ozone levels.
• Particulate Matter less than 10 microns (PM10) is an air pollutant consisting of tiny solid or liquid particles of soot, dust, smoke, fumes, and aerosols. PM10 also causes reduced visibility. The size of the particles (10 microns or smaller, about 0.0004 inches or less) allows them to enter the lungs where they may be deposited, resulting in the adverse health effects discussed below for PM2.5.
• Particulate Matter less than 2.5 microns (PM2.5) is a similar air pollutant to PM10 consisting of tiny solid or liquid particles which are 2.5 microns or smaller (which is often referred to as fine particles). The chemical composition of fine particles is highly dependent on location, time of year, and weather conditions. Elevated ambient concentrations of fine particulate matter (PM10 and PM2.5) have been correlated with an increase in respiratory infections, number, and severity of asthma attacks, and increased hospital admissions.

Some studies have reported an association between long-term exposure to air pollution dominated by fine particles and increased mortality, reduction in life-span, and an 381
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increased mortality from lung cancer. Daily fluctuations in PM2.5 concentration levels have also been related to hospital admissions for acute respiratory conditions in children, to a decrease in respiratory lung volumes in normal children, and to increased medication use in children and adults with asthma. Recent studies show lung function growth in children is reduced with long-term exposure to particulate matter. The elderly, people with preexisting respiratory or cardiovascular disease, and children, appear to be more susceptible to the effects of high levels of PM10 and PM2.5.
• VOCs and Reactive Organic Gasses (ROGs) are hydrocarbon compounds (any compound containing various combinations of hydrogen and carbon atoms excluding CO, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate) that exist in the ambient air. Both VOCs and ROGs are precursors to ozone and contribute to the formation of smog through atmospheric photochemical reactions. VOCs and ROGs have different levels of reactivity; that is, they do not react at the same speed or do not form ozone to the same extent when exposed to photochemical processes. VOCs often have an odor, including such common VOCs as gasoline, alcohol, and the solvents used in paints.

Breathing VOCs can irritate the eye, nose, and throat, which can cause difficulty breathing.

In addition, studies have shown that some VOCs can cause damage to the central nervous system.
• Lead (Pb) is a heavy metal that is highly persistent in the environment. Historically, the primary source of lead in the air was emissions from vehicles burning leaded gasoline.

Currently, emissions of lead are largely limited to stationary sources such as lead smelters, battery manufacturers, and waste incinerators. Exposure to low levels of lead can adversely affect the development and function of the central nervous system, leading to learning disorders, distractibility, inability to follow simple commands, and lower intelligence quotient in children. In adults, increased lead levels are associated with increased blood pressure. Lead poisoning can cause anemia, lethargy, seizures, and death. Fetuses, infants, and children are more sensitive than others to the adverse effects of lead exposure.

D. Existing Air Quality
Existing air quality is measured at established South Coast AQMD air quality monitoring stations.

Monitored air quality is evaluated in the context of ambient air quality standards. These standards are the levels of air quality that are considered safe, with an adequate margin of safety, to protect the public health and welfare. National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) currently in effect are shown in Table 4.1-1, Ambient Air Quality Standards.
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Table 4.1-1 Ambient Air Quality Standards
Pollutant Averaging
Time
California Standards National Standards
Concentrati
on
Method Primary Secondary Method
Ozone (O3)
1 Hour 0.09 ppm
(180 μg/m3) Ultraviolet
Photometry
--- Same as
Primary
Standard
Ultraviolet
Photometry 8 Hour 0.070 ppm
(137 μg/m3
)

0.070 ppm
(137
μg/m3)
Respirable
Particulate
Matter
(PM10)
24 Hour 50 μg/m3
Gravimetric or
Beta Attenuation
150 μg/m3
Same as
Primary
Standard
Inertial
Separation and
Gravimetric
Analysis
Annual
Arithmetic
Mean
20 μg/m3 ---
Fine
Particulate
Matter
(PM2.5)
24 Hour --- --- 35 μg/m3
Same as
Primary
Standard
Inertial
Separation and
Gravimetric
Analysis
Annual
Arithmetic
Mean
12 μg/m3 Gravimetric or
Beta Attenuation 12.0 μg/m3 15 μg/m3
Carbon
Monoxide
(CO)
1 Hour 20 ppm
(23 mg/ m3
)
Non-Dispersive
Infrared
Photometry
(NDIR)
35 ppm
(40 mg/
m3)
---
Non-Dispersive
Infrared
Photometry
(NDIR)
8 Hour 9.0 ppm
(10 mg/ m3
)
9 ppm
(10 mg/
m3
)
---
8 Hour
(Lake
Tahoe)
6 ppm
(7 mg/ m3
) --- ---
Nitrogen
Dioxide
(NO2)
1 Hour 0.18 ppm
(339 μg/ m3
) Gas Phase
Chemiluminesce
nce
110 ppb
(188 μg/
m3
)
--- Gas Phase
Chemiluminesc
ence
Annual
Arithmetic
Mean

0.030 ppm
(57 μg/ m3
)

0.053 ppm
(100
μg/m3)
Same as
Primary
Standard
Sulfur
Dioxide
(SO2)
1 Hour 0.25 ppm
(665 μg/ m3
)
Ultraviolet
Fluorescence
75 ppb
(196 μg/
m3)
---
Ultraviolet
Fluorescence;
Spectrophotom
etry
(Pararosaniline
Method)
3 Hour --- ---

0.5 ppm
(1300 μg/
m3)
24 Hour 0.04 ppm
(105 μg/ m3
)

0.14 ppm
(for certain
areas)
---
Annual
Arithmetic
Mean
---

0.030 ppm
(for certain
areas)
---
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Pollutant Averaging
Time
California Standards National Standards
Concentrati
on
Method Primary Secondary Method
Lead
30 Day
Average 1.5 μg/ m3
Atomic
Absorption
---
High Volume
Sampler and
Atomic
Absorption
Calendar
Quarter ---

1.5 μg/ m3
(for certain
areas)
Same as
Primary
Standard
Rolling 3-
Month
Average
--- 0.15 1.5
μg/ m3
Visibility
Reducing
Particles
8 Hour
See Footnote
14 in
Technical
Appendix B1.

Beta Attenuation
and
Transmittance
through filter
tape
No National Standards Sulfates 24 Hour 25 μg/ m3 Ion
Chromatography
Hydrogen
Sulfide 1 Hour 0.03 ppm(42 μg/ m3)
Ultraviolet
Fluorescence
Vinyl
Chloride 24 Hour 0.01 ppm
(26 μg/ m3)
Gas
Chromatography
See footnotes in Table 2-2, Technical Appendix B1.

Source: (Urban Crossroads, 2023a, Table 2-2)
The determination of whether a region’s air quality is healthful or unhealthful is determined by comparing contaminant levels in ambient air samples to the state and federalstandards. The most recent state and federal standards were updated by CARB on May 4, 2016. Air quality in a region is considered to be in attainment by the state if the measured ambient air pollutant levels for O3, CO (except 8-hour Lake Tahoe), SO2 (1 and 24 hour), NO2, PM10, and PM2.5 are not to be exceeded. All others are not to be equaled or exceeded. It should be noted that the three-year period is presented for informational purposes and is not the basis for how the State assigns attainment status. Attainment status for a pollutant means that the South Coast AQMD meets the standards set by the EPA or the California EPA (CalEPA). Conversely, nonattainment means that an area has monitored air quality that does not meet the NAAQS or CAAQS standards. In order to improve air quality in nonattainment areas, a State Implementation Plan (SIP) is drafted by CARB. The SIP outlines the measures that the state will take to improve air quality. Once nonattainment areas meet the standards and additional redesignation requirements, the EPA will designate the area as a maintenance area.

E. Regional Air Quality
Air pollution contributes to a wide variety of adverse health effects. The EPA has established NAAQS for six of the most common air pollutants: CO, Pb, O3, particulate matter (PM10 and PM2.5), NO2, and SO2 which are known as criteria pollutants. The South Coast AQMD monitors levels of various criteria 384
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pollutants at 37 permanent monitoring stations and 5 single-pollutant source Pb air monitoring sites throughout the air district. On January 5, 2021, CARB posted the 2020 amendments to the state and national area designations. The attainment status for criteria pollutants within the SCAB is summarized in Table 4.1-2, Attainment Status of Criteria Pollutants in the South Coast Air Basin.

Table 4.1-2 Attainment Status of Criteria Pollutants in the South Coast Air Basin Criteria Pollutant State Designation Federal Designation O3 – 1-hour standard Nonattainment --
O3 – 8-hour standard Nonattainment Nonattainment
PM10 Nonattainment Attainment
PM2.5 Nonattainment Nonattainment
CO Attainment Unclassifiable/Attainment
NO2 Attainment Unclassifiable/Attainment
SO2 Attainment Unclassifiable/Attainment
Pb1 Attainment Unclassifiable/Attainment
“—” The national 1-hour O3 standard was revoked effective June 15, 2005.

Source: (Urban Crossroads, 2023a, Table 2-3)
F. Local Air Quality
The South Coast AQMD has designated general forecast areas and air monitoring areas (referred as Source Receptor Areas [SRA]) throughout the district in order to provide Southern California residents data on air quality conditions. The Project site is located SRA 17. Within SRA 17, the I-5 Near Road monitoring station, located 3.63 miles northwest, is the nearest station that provides air quality statistics for CO and NO2. As the I-5 Near Road monitoring station does not provide information for O3, PM10, and PM2.5, statistics from the Central Orange County monitoring station, 4.87 miles northwest of the Project site, were used. It should be noted that the Central Orange County monitoring stations were utilized in lieu of the I-15 Near Road monitoring station only in instances where data was not available.

The most recent three (3) years of data available is shown on Table 4.1-3, Project Area Air Quality Monitoring Summary 2018-2020, and identifies the number of days ambient air quality standards were exceeded for the study area, which is considered to be representative of the local air quality at the Project site. Data for O3, CO, NO2, PM10, and PM2.5 for 2018 and 2020 was obtained from the South Coast AQMD Air Quality Data Tables. Additionally, data for SO2 has been omitted as attainment is regularly met in the SCAB and few monitoring stations measure SO2 concentrations. 1 The Federal nonattainment designation for lead is only applicable towards the Los Angeles County portion of the SCAB.
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Table 4.1-3 Project Area Air Quality Monitoring Summary 2018-2020 Pollutant Standard
Year
2018 2019 2020
O3
Maximum Federal 1-Hour Concentration (ppm) 0.112 0.096 0.142 Maximum Federal 8-Hour Concentration (ppm) 0.071 0.082 0.097 Number of Days Exceeding State 1-Hour Standard > 0.09 ppm 1 1 6 Number of Days Exceeding State/Federal 8-Hour Standard > 0.070 ppm 1 1 15 CO
Maximum Federal 1-Hour Concentration > 35 ppm 2.7 2.4 2.4 Maximum Federal 8-Hour Concentration > 20 ppm 2.2 1.3 2.0 NO2
Maximum Federal 1-Hour Concentration > 0.100 ppm 0.066 0.059 0.070 Annual Federal Standard Design Value 0.014 0.013 0.019
PM10
Maximum Federal 24-Hour Concentration (µg/m3) > 150 µg/m3 129 127 120 Annual Federal Arithmetic Mean (µg/m3) 27.2 21.9 23.9
Number of Days Exceeding Federal 24-Hour Standard > 150 µg/m3 0 0 0 Number of Days Exceeding State 24-Hour Standard > 50 µg/m3 13 13 13 PM2.5
Maximum Federal 24-Hour Concentration (µg/m3) > 35 µg/m3 54.10 36.10 41.40 Annual Federal Arithmetic Mean (µg/m3) > 12 µg/m3 11.02 9.32 11.27 Number of Days Exceeding Federal 24-Hour Standard > 35 µg/m3 3 3 1 ppm=Parts Per Million
µg/m3 = Microgram per Cubic Meter
Source: (Urban Crossroads, 2023a, Table 2-4)

4.1.2 REGULATORY FRAMEWORK
The following is a brief description of the federal, State, and local environmental laws and related regulations governing air quality emissions.

A. Federal Regulations

1. Federal Clean Air Act
The Federal Clean Air Act (CAA; 42 U.S.C. § 7401 et seq.) was first enacted in 1955 and has been amended numerous times in subsequent years (1963, 1965, 1967, 1970, 1977, and 1990). The CAA establishes the federal air quality standards, the NAAQS, and specifies future dates for achieving compliance. The CAA also mandates that states submit and implement SIPs for local areas not meeting these standards. These plans must include pollution control measures that demonstrate how the 386
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standards will be met. The 1990 amendments to the CAA that identify specific emission reduction goals for areas not meeting the NAAQS require a demonstration of reasonable further progress toward attainment and incorporate additional sanctions for failure to attain or to meet interim milestones. The sections of the CAA most directly applicable to the development of the Project site include Title I (Non-Attainment Provisions) and Title II (Mobile Source Provisions). Title I provisions were established with the goal of attaining the NAAQS for the following criteria pollutants O3, NO2, SO2, PM10, CO, PM2.5, and Pb. The NAAQS were amended in July 1997 to include an additional standard for O3 and to adopt a NAAQS for PM2.5. Table 4.1-2 (previously presented) provides the NAAQS within the SCAB.

Mobile source emissions are regulated in accordance with Title II provisions. These provisions require the use of cleaner burning gasoline and other cleaner burning fuels such as methanol and natural gas.

Automobile manufacturers are also required to reduce tailpipe emissions of hydrocarbons and NOX.

NOX is a collective term that includes all forms of NOX which are emitted as byproducts of the combustion process.

B. State Regulations

1. California Air Resources Board (CARB)
CARB, which became part of CalEPA in 1991, is responsible for ensuring implementation of the California Clean Air Act (AB 2595), responding to the federal CAA, and for regulating emissions from consumer products and motor vehicles. AB 2595 mandates achievement of the maximum degree of emissions reductions possible from vehicular and other mobile sources in order to attain the state ambient air quality standards by the earliest practical date. CARB established the CAAQS for all pollutants for which the federal government has NAAQS and, in addition, establishes standards for SO4, visibility, hydrogen sulfide (H2S), and vinyl chloride (C2H3Cl). However, at this time, H2S and C2H3Cl are not measured at any monitoring stations in the SCAB because they are not considered to be a regional air quality problem. Generally, the CAAQS are more stringent than the NAAQS.

Local air quality management districts, such as the South Coast AQMD, regulate air emissions from stationary sources such as commercial and industrial facilities. All air pollution control districts have been formally designated as attainment or non-attainment for each CAAQS. Serious non-attainment areas are required to prepare Air Quality Management Plans (AQMP) that include specified emission reduction strategies in an effort to meet clean air goals. These plans are required to include:
• Application of Best Available Retrofit Control Technology to existing sources; • Developing control programs for area sources (e.g., architectural coatings and solvents) and indirect sources (e.g., motor vehicle use generated by residential and commercial development);
• A District permitting system designed to allow no net increase in emissions from any new or modified permitted sources of emissions;
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• Implementing reasonably available transportation control measures and assuring a substantial reduction in growth rate of vehicle trips and miles traveled; • Significant use of low emissions vehicles by fleet operators; • Sufficient control strategies to achieve a 5% or more annual reduction in emissions or 15% or more in a period of three years for ROGs, NOX, CO and PM10. However, air basins may use alternative emission reduction strategy that achieves a reduction of less than 5% per year under certain circumstances.

2. Title 24 Energy Efficiency Standards and California Green Building Standards California Code of Regulations (CCR) Title 24 Part 6: The California Energy Code was first adopted in 1978 in response to a legislative mandate to reduce California’s energy consumption. The standards are updated periodically to allow consideration and possible incorporation of new energy efficient technologies and methods. CCR, Title 24, Part 11: California Green Building Standards Code (CALGreen) is a comprehensive and uniform regulatory code for all residential, commercial, and school buildings that went in effect on August 1, 2009, and is administered by the California Building Standards Commission.

CALGreen is updated on a regular basis, with the most recent approved update consisting of the 2022 California Green Building Code Standards that will be effective on January 1, 2023. The CEC anticipates that the 2022 energy code will provide $1.5 billion in consumer benefits and reduce GHG emissions by 10 million metric tons. The Project would be required to comply with the applicable standards in place at the time plan check submittals are made. These are discussed in subsection Title 24 Energy Efficiency Standards and California Green Building Standards of the Technical Appendix B1 of this EIR.

C. Regional Regulations

1. South Coast AQMD Rule 402
A person shall not discharge from any source whatsoever such quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any such persons or the public, or that cause, or have a natural tendency to cause, injury or damage to business or property. The provisions of this rule do not apply to odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals. All uses shall be operated in a manner such that no offensive odor is perceptible at or beyond the property line of that use.

2. South Coast AQMD Rule 403
This rule is intended to reduce the amount of particulate matter entrained in the ambient air as a result of anthropogenic (human-made) fugitive dust sources by requiring actions to prevent and reduce fugitive dust emissions. Rule 403 applies to any activity or human-made condition capable of 388
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generating fugitive dust and requires best available control measures to be applied to earth moving and grading activities. Any operation or activity that might cause the emission of any smoke, fly ash, dust, fumes, vapors, gases, or other forms of air pollution, which can cause damage to human health, vegetation, or other forms of property, or can cause excessive soiling on any other parcel, shall conform to the requirements of the South Coast AQMD.

3. South Coast AQMD Rule 1113
This rule serves to limit the VOC content of architectural coatings used on projects in the South Coast AQMD. This rule applies to any person who supplies, sells, offers for sale, or manufactures any architectural coating for use on projects.

4. South Coast AQMD Rule 1301
This rule is intended to provide that pre-construction review requirements to ensure that new or relocated facilities do not interfere with progress in attainment of the NAAQS, while future economic growth within the South Coast AQMD is not unnecessarily restricted. The specific air quality goal is to achieve no net increases from new or modified permitted sources of nonattainment air contaminants or their precursors. Rule 1301 also limits emission increases of ammonia, and Ozone Depleting Compounds (ODCs) from new, modified or relocated facilities by requiring the use of Best Available Control Technology (BACT).

5. South Coast AQMD Rule 1401
A person shall not discharge into the atmosphere from any single source of emission whatsoever any air contaminant for a period or periods aggregating more than three minutes in any 1 hour that is as dark or darker in shade as that designated No. 1 on the Ringelmann Chart, as published by the United States (U.S.) Bureau of Mines.

D. Local Regulations

1. City of Orange General Plan
The General Plan identifies goals related to air quality in the Land Use and Natural Resources Elements. The following goals and policies from the Land Use and Natural Resources Elements applicable to the Project include:

GOAL 4.0: Encourage high quality, sustainable, industrial and office uses that provide jobs and revenue; support environmental quality; and promote options for adaptive re-use.

Policy 4.3: Protect residents and the environment from potential adverse soil, air, water, and noise impacts of industrial operations.

GOAL 6.0: Advance development activity that is mutually beneficial to both the environment and the community.
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Policy 6.10: Mitigate adverse air, noise, circulation, and other environmental impacts caused by new development adjacent to existing neighborhoods through use of sound walls, landscaping buffers, speed limits, and other traffic control measures.

GOAL 2.0: Protect air, water, and energy resources from pollution and overuse.

Policy 2.2: Support alternative transportation modes, alternative technologies, and bicycle- and pedestrian-friendly neighborhoods to reduce emissions related to vehicular travel.

4.1.3 METHODOLOGY
In May 2022, South Coast AQMD, in conjunction with the California Air Pollution Control Officers Association (CAPCOA) and other California air districts, released the latest version of the California Emissions Estimator Model (CalEEMod) Version 2022.1. The purpose of this model is to calculate construction-source and operational-source emissions (VOCs, NOX, SOX, CO, PM10, and PM2.5) and GHG emissions from direct and indirect sources; and quantify applicable air quality and GHG reductions achieved from mitigation measures. Accordingly, the latest version of CalEEMod has been used for this Project to determine construction and operational air quality emissions. Refer to Appendix

3.1 through 3.3 of the Project’s Air Quality Analysis (Technical Appendix B1) for Criteria Air Pollutant CalEEMod Output Files.

A. Project-Related Construction Emissions

1. Construction Activities
Construction activities associated with the Project would result in emissions of VOCs, NOX, SOX, CO, PM10, and PM2.5. Construction-related emissions are expected from the following construction activities:
• Demolition
• Site Preparation
• Grading
• Building Construction
• Paving
• Architectural Coating
Demolition Activities
The Project site is currently developed with 40,000 sf of existing building for manufacturing use which will be demolished. Based on information provided by the Project Applicant, demolition of the existing structure will result in 10,905 tons of debris.

Grading Activities
Dust is typically a major concern during grading activities. Because such emissions are not amenable to collection and discharge through a controlled source, they are called “fugitive emissions.” Fugitive 390
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dust emissions rates vary as a function of many parameters (soil silt, soil moisture, wind speed, area disturbed, number of vehicles, depth of disturbance or excavation, etc.). CalEEMod was utilized to calculate fugitive dust emissions resulting from this phase of activity. Based on information provided by the Project Applicant, the Project will require 3,799 cubic yards to balance the site and 1,000 cubic yards of soil remediation to export. For purposes of analysis, the import and export quantity will be modeled with the CalEEMod default hauling trip length of 20 miles. The Project would require 24 haul trips, which would utilize Batavia Street and Katella Avenue to reach the SR-57 Freeway.

Off-Site Utility and Infrastructure Improvements
To support the Project development, there may be paving for off-site improvements associated with roadway construction and utility installation for the Project. It is expected that the off-site construction activities would not take place at one location for the entire duration of construction. Therefore, impacts associated with these activities are not expected to exceed the emissions identified for Project-related construction activities since the off-site construction areas would have physical constraints on the amount of daily activity that could occur. The physical constraints would limit the amount of construction equipment that could be used, and any off-site and utility infrastructure construction would not use equipment totals that would exceed the equipment totals on Table 3-2.

On-Road Trips
Construction generates on-road vehicle emissions from vehicle usage for workers, vendors, and haul trucks commuting to and from the site. Worker trips are based on CalEEMod defaults. It should be noted that for vendor trips, specifically, CalEEMod only assigns vendor trips to the Building Construction phase. Vendor trips would likely occur during all phases of construction. As such, the CalEEMod defaults for vendor trips have been adjusted based on a ratio of the total vendor trips to the number of days of each subphase of activity.

2. Construction Duration
For purposes of analysis, construction of Project is expected to commence in July 2023 and would last through November 2024. The construction schedule utilized in the analysis, shown in Table 3-1, Construction Activity Phases and Durations, in Section 3.0, Project Description, of this EIR, represents a “worst-case” analysis scenario should construction occur any time after the respective dates with the potential of overlap of construction of the phases, since emission factors for construction decrease as time passes and the analysis year increases due to emission regulations becoming more stringent. The duration of construction activity and associated equipment represents a reasonable approximation of the expected construction fleet as required per CEQA Guidelines.

3. Construction Equipment
A summary of construction equipment by phase is provided at Table 3-2, Construction Equipment Requirements, in Section 3.0, Project Description, of this EIR. Consistent with industry standards and typical construction practices, each piece of equipment listed in Table 3-2 will operate up to a total of eight (8) hours per day, or more than two-thirds of the period during which construction activities are 391
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allowed pursuant to the code. It should be noted that most pieces of equipment would likely operate for fewer hours per day.

B. Project Operational Emissions
Operational activities associated with the Project would result in emissions of VOCs, NOX, SOX, CO, PM10, and PM2.5. Operational emissions would be expected from Area Source Emissions, Energy Source Emissions, Mobile Source Emissions, On-Site Cargo Handling Equipment Emissions, and Stationary Source Emissions. For additional information regarding the calculation of Project operational emissions, please refer to Section 3.5 of the Project’s Air Quality Analysis (Technical Appendix B1).

1. Area Source Emissions
Area source emissions associated with the Project would occur as a result of architectural coatings, consumer products, and landscape maintenance equipment, as follows:

Architectural Coatings
Over a period of time the buildings that are part of this Project would require maintenance and would therefore produce emissions resulting from the evaporation of solvents contained in paints, varnishes, primers, and other surface coatings. The emissions associated with architectural coatings were calculated using CalEEMod.

Consumer Products
Consumer products include, but are not limited to detergents, cleaning compounds, polishes, personal care products, and lawn and garden products. Many of these products contain organic compounds which when released in the atmosphere can react to form ozone and other photochemically reactive pollutants. The emissions associated with use of consumer products were calculated based on defaults provided within CalEEMod.

Landscape Maintenance Equipment
Landscape maintenance equipment would generate emissions from fuel combustion and evaporation of unburned fuel. Equipment in this category would include lawnmowers, shedders/grinders, blowers, trimmers, chain saws, and hedge trimmers used to maintain the landscaping of the Project. It should be noted that as October 9, 2021, Governor Gavin Newsom signed AB 1346. The bill aims to ban the sale of new gasoline-powered equipment under 25 gross horsepower (known as small off-road engines [SOREs]) by 2024. For purposes of analysis, the emissions associated with landscape maintenance equipment were calculated based on assumptions provided in CalEEMod.

2. Energy Source Emissions
Criteria pollutant emissions are emitted through the generation of electricity. However, because electrical generating facilities for the Project area are located either outside the region (state) or offset 392
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through the use of pollution credits (RECLAIM) for generation within the SCAB, criteria pollutant emissions from offsite generation of electricity are excluded from the evaluation of significance.

3. Mobile Source Emissions
The Project related operational air quality emissions derive primarily from vehicle trips generated by the Project, including employee trips to and from the site and truck trips associated with the proposed uses. In order to determine emissions from passenger car vehicles, CalEEMod defaults for trip length and trip purpose were utilized. Default vehicle trip lengths for primary trips will be populated using data from the local metropolitan planning organizations/Regional Transportation Planning Agencies (MPO/RTPA). Trip type percentages and trip lengths provided by MPO/RTPAs truncate data at their demonstrative borders. This analysis assumes that passenger cars include Light-Duty-Auto vehicles (LDA), Light-Duty-Trucks (LDT1 & LDT2)
, Medium-Duty-Vehicles (MDV), and Motorcycles
(MCY) vehicle types. The fleet mix utilized in the analyses can be found in the Project’s Air Quality Analysis (Technical Appendix B1).

To determine emissions from trucks for the proposed industrial uses, the analysis incorporated the South Coast AQMD recommended truck trip length of 15.3 miles for 2-axle (LHDT1, LHDT2), 14.2 miles for 3-axle (MHDT) trucks, and 40 miles for 4+-axle (HHDT) trucks and weighting the average trip lengths using traffic trip percentages. The trip length function for the proposed use has been revised to 30.13 miles and an assumption of 100% primary trips was assumed. Trucks are broken down by truck type. The truck fleet mix is estimated by rationing the trip rates for each truck type based on information provided by the South Coast AQMD recommended truck mix, by axle type. Heavy trucks are broken down by truck type (or axle type) and are categorized as either Light-Heavy-Duty Trucks (LHDT1 & LHDT2)/2-axle, Medium-Heavy-Duty Trucks (MHDT)/3-axle, and Heavy-Heavy-Duty Trucks (HHDT)/4+-axle.

Vehicles traveling on paved roads would be a source of fugitive emissions due to the generation of road dust inclusive of brake and tire wear particulates. The emissions estimate for travel on paved roads were calculated using CalEEMod.

4. On-site Cargo Handling Equipment Emissions
It is common for industrial buildings to require the operation of exterior cargo handling equipment in the building’s truck court areas. For this Project, on-site modeled operational equipment includes up to one (1) 175 horsepower (hp), natural gas-powered cargo handling equipment – port tractor operating 4 hours a day for 365 days of the year.

C. Localized Pollutant Emissions
Localized emissions associated with Project-related construction and operational activities were calculated and evaluated in accordance with South Coast AQMD’s Final Localized Significance Threshold Methodology (“LST Methodology”). The South Coast AQMD has established that impacts to air quality are significant if there is a potential to contribute or cause localized exceedances of the 393
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federal and/or state ambient air quality standards (NAAQS/CAAQS). Collectively, these are referred to as Localized Significance Threshold (LSTs).

For the Project, the appropriate SRA for the LST analysis is the South Coast AQMD I-5 Near Road (SRA 17). LSTs apply to CO, NO2, PM10, and PM2.5. In order to determine the appropriate methodology for determining localized impacts that could occur as a result of Project-related construction, the following process is undertaken:
• Identify the maximum daily on-site emissions that will occur during construction activity:
o The maximum daily on-site emissions could be based on information provided by the Project Applicant; or
o The South Coast AQMD’s Fact Sheet for Applying CalEEMod to Localized Significance Thresholds and CalEEMod User’s Guide Appendix A: Calculation Details for CalEEMod can be used to determine the maximum site acreage that is actively disturbed based on the construction equipment fleet and equipment hours as estimated in CalEEMod.
• If the total acreage disturbed is less than or equal to 5 acres per day, then the South Coast AQMD’s screening look-up tables are utilized to determine if a Project has the potential to result in a significant impact. The look-up tables establish a maximum daily emissions threshold in lbs/day that can be compared to CalEEMod outputs. • If the total acreage disturbed is greater than 5 acres per day, then LST impacts may still be conservatively evaluated using the LST look-up tables for a 5-acre disturbance area. Use of the 5-acre disturbance area thresholds can be used to show that even if the daily emissions from all construction activity were emitted within a 5-acre area, and therefore concentrated over a smaller area which would result in greater site adjacent concentrations, the impacts would still be less than significant if the applicable 5-acre thresholds are utilized.
• The LST Methodology presents mass emission rates for each SRA, project sizes of 1, 2, and 5 acres, and nearest receptor distances of 25, 50, 100, 200, and 500 meters. For project sizes between the values given, or with receptors at distances between the given receptors, the methodology uses linear interpolation to determine the thresholds.

Based on South Coast AQMD’s LST Methodology, emissions for concern during construction activities are on-site NOX, CO, PM2.5, and PM10. The LST Methodology clearly states that “off-site mobile emissions from the Project should not be included in the emissions compared to LSTs. As such, for purposes of the construction LST analysis, only emissions included in the CalEEMod “on-site” 394
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emissions outputs were considered. Detailed information about application of this methodology can be found in the Project’s Air Quality Analysis (Technical Appendix B1).

1. Project-Related Sensitive Receptors Relative to Construction and Operational Activities Some people are especially sensitive to air pollution and are given special consideration when evaluating air quality impacts from projects. These groups of people include children, the elderly, and individuals with pre-existing respiratory or cardiovascular illness. Structures that house these persons or places where they gather are defined as “sensitive receptors.” These structures typically include uses such as residences, hotels, and hospitals where an individual can remain for 24 hours. Sensitive receptors in the Project study area relative to construction and operational activities are described below and shown on Figure 4.1-1, Sensitive Receptor Locations. Localized air quality impacts were evaluated at sensitive receptor land uses nearest the Project site. All distances are measured from the Project site boundary to the outdoor living areas (e.g., backyards) or at the building façade, whichever is closer to the Project site.

R1: Location R1 represents the City of Orange Department of Public Works at 637 West Struck Avenue, approximately 96 feet north of the Project site. Receptor R1 is placed at the building façade.

R2: Location R2 represents the proposed multi-family residential project north of West Struck Avenue, approximately 245 feet north of the Project site. Receptor R2 is placed at the planned future residential building façade.

R3: Location R3 represents Mary's Kitchen at 517 West Struck Avenue, approximately 31 feet north of the Project site. Receptor R3 is placed at the future building façade.

R4: Location R4 represents the Citrus Grove Apartments at 1120 North Lemon Street, approximately 126 feet northeast of the Project site. Since there are no private outdoor living areas (backyards) facing the Project site, receptor R4 is placed at the building façade.

R5: Location R5 represents the existing residence at 618 West Collins Avenue, approximately 563 feet south of the Project site. Since there are no private outdoor living areas (backyards) facing the Project site, receptor R5 is placed at the building façade.

R6: Location R6 represents Meter Tech Services & Equipment located at 1035 N. Parker Street, approximately 22 feet west of the Project site. Receptor R6 is placed at the building façade. 395
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D. Health Risk Assessment Methodology
The HRA was prepared based on South Coast AQMD guidelines to produce conservative estimates of human health risk posed by exposure to DPM. Emissions calculations for the construction HRA component are based on an assumed mix of construction equipment and hauling activity as presented in the Project’s Air Quality Analysis (Technical Appendix B1). Vehicle DPM emissions were calculated using emission factors for particulate matter less than 10µm in diameter (PM10) generated with the 2021 version of the EMission FACtor model (EMFAC) developed by CARB. Emission factors calculated using EMFAC 2021 are expressed in units of grams per vehicle miles traveled (g/VMT) or grams per idle-hour (g/idle-hr), depending on the emission process. For this Project, annual average PM10 emission factors were generated by running EMFAC 2021 in project analysis mode for vehicles in the Orange County jurisdiction. The project analysis mode generates emission factors in terms of grams of pollutant emitted per vehicle activity and can calculate a matrix of emission factors at specific values of temperature, relative humidity, and vehicle speed. The model was run for speeds traveled in the vicinity of the Project. For purposes of this analysis, the Lakes AERMOD View (Version 10.2.1) was used to calculate annual average particulate concentrations associated with site operations. Refer to Section 2 of the Project’s Health Risk Assessment (Technical Appendix B2) for a detailed description of HRA methodologies and for the model inputs and equations used in the estimation of the Projectrelated DPM emissions.

The modeled emission sources are illustrated on Figure 4.1-2, Modeled On-Site Emission Source, and Figure 4.1-3, Modeled Off-Site Emission Sources. The modeling domain is limited to the Project’s primary truck route and includes off-site sources in the study area for more than 3/4 mile. This modeling domain is more inclusive and conservative than using only a 1/4 mile modeling domain which is the distance supported by several reputable studies which conclude that the greatest potential risks occur within a ¼ mile of the primary source of emissions (in the case of the Project, the primary source of emissions is the on-site idling and travel).

For purposes of the HRA, receptors include both residential and non-residential (worker) land uses in the vicinity of the Project. These receptors are included in the HRA since residents and workers may be exposed at these locations over a long-term duration of 30 and 25 years, respectively. This methodology is consistent with South Coast AQMD and OEHHA recommended guidance. 397
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4.1.4 BASIS FOR DETERMINING SIGNIFICANCE
According to Section III of Appendix G to the CEQA Guidelines, the proposed Project would result in a significant impact to air quality if the Project or any Project-related component would (OPR, 2019):
• Conflict with or obstruct implementation of the applicable air quality plan; • 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;
• Expose sensitive receptors to substantial pollutant concentrations; • Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.

The South Coast AQMD has developed regional significance thresholds for regulated pollutants, as summarized in Table 4.1-4, Maximum Daily Regional Emissions Thresholds. The South Coast AQMD’s CEQA Air Quality Significance Thresholds (April 2019) indicate that any projects in the SCAB with daily emissions that exceed any of the indicated thresholds should be considered as having an individually and cumulatively significant air quality impact. These thresholds have been used to determine air quality impacts in this analysis.

Table 4.1-4 Maximum Daily Regional Emissions Thresholds Pollutant Regional Construction Threshold Regional Operational Thresholds NOX 100 lbs/day 55 lbs/day
VOC 75 lbs/day 55 lbs/day
PM10 150 lbs/day 150 lbs/day
PM2.5 55 lbs/day 55 lbs/day
SOX 150 lbs/day 150 lbs/day
CO 550 lbs/day 550 lbs/day
Pb 3 lbs/day 3 lbs/day
Source: (Urban Crossroads, 2023a, Table 3-1)
The South Coast AQMD CEQA Air Quality Handbook (1993) states that emissions of toxic air contaminants (TACs) are considered significant if an HRA shows an increased risk of greater than 10 in one million. Based on guidance from the South Coast AQMD in the document Health Risk Assessment Guidance for Analyzing Cancer Risks from Mobile Source Diesel Idling Emissions for CEQA Air Quality Analysis, for purposes of this analysis, 10 in one million is used as the cancer risk threshold for the proposed Project. An evaluation of the potential noncarcinogenic effects of chronic 400
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exposures was also conducted. Adverse health effects are evaluated by comparing a compound’s annual concentration with its toxicity factor or Reference Exposure Level (REL). The REL for diesel particulates was obtained from OEHHA for this analysis. The chronic reference exposure level (REL) for DPM was established by OEHHA as 5 μg/m3
. Details on carcinogenic chemical risk and noncarcinogenic exposures are discussed in Section 2.5 and 2.6 of the Project’s HRA (Technical Appendix B2).

4.1.5 IMPACT ANALYSIS
Threshold a: Would the Project conflict with or obstruct implementation of the applicable air quality plan?
The South Coast AQMD’s 2016 AQMP is the applicable air quality plan for the Project site, which estimates long-term air quality conditions for the SCAB. The 2016 AQMP continues to evaluate current integrated strategies and control measures to meet the NAAQS, as well as explore new and innovative methods to reach its goals. Some of these approaches include utilizing incentive programs, recognizing existing co-benefit programs from other sectors, and developing a strategy with fair-share reductions at the federal, state, and local levels. Similar to the 2012 AQMP, the 2016 AQMP incorporates scientific and technological information and planning assumptions, including the 2016- 2040 Regional Transportation Plan/Sustainable Communities Strategy (2016-2040 RTP/SCS), a planning document that supports the integration of land use and transportation to help the region meet the federal CAA requirements. The Project’s consistency with the AQMP will be determined using the 2016 AQMP as discussed below. The 2022 AQMP is currently being developed by South Coast AQMD to address the EPA’s strengthened ozone standard. Development of the 2022 AQMP is in its early stages and no formal timeline for completion and adoption is currently known.

Criteria for determining consistency with the AQMP are defined in Chapter 12, Section 12.2 and Section 12.3 of the 1993 CEQA Handbook. These indicators are discussed below:
• Consistency Criterion No. 1: The proposed project will not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP.

Consistency Criterion No. 1 refers to violations of the CAAQS and NAAQS. CAAQS and NAAQS violations would occur if localized or regional significance thresholds were exceeded. As evaluated under Thresholds b) and c) below, the Project’s localized and regional construction-source and operational-source emissions would not exceed applicable regional significance threshold and LST thresholds. As such, a less than significant impact is expected. Based on the preceding, the Project is determined to be consistent with the first criterion.
• Consistency Criterion No. 2: The Project will not exceed the assumptions in the AQMP based on the years of project build-out phase.
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The 2016 AQMP demonstrates that the applicable ambient air quality standards can be achieved within the timeframes required under federal law. Growth projections from local general plans adopted by cities in the district are provided to the SCAG, which develops regional growth forecasts, which are then used to develop future air quality forecasts for the AQMP. Development consistent with the growth projections in City of Orange General Plan is considered to be consistent with the AQMP.

Peak day emissions generated by construction activities are largely independent of land use assignments, but rather are a function of development scope and maximum area of disturbance.

Irrespective of the site’s land use designation, development of the site to its maximum potential would likely occur, with disturbance of the entire site occurring during construction activities. As such, when considering that no emissions threshold will be exceeded, a less than significant impact would result.

The Project proposes to convert an existing manufacturing use to warehousing use, which would be a similar type of industrial land use and consistent with the underlying zoning and land use designations with approval of a CUP. A General Plan amendment would not be required. The number of employees generated at the site are anticipated within the growth projections and the development would not result in an increase in population within the SCAB. Therefore, implementation of the Project would not have the potential to substantially affect demographic projections beyond what is accounted for in the current 2016 AQMP. On the basis of the preceding discussion, the Project is determined to be consistent with the second criterion.

The Project would not have the potential to result in or cause NAAQS or CAAQS violations. The Project’s proposed uses are consistent with the General Plan land use designation and would not exceed the regional or localized construction and operational thresholds. Therefore, the Project is consistent with the AQMP.

Threshold 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?
A. Construction Emissions Impact Analysis
South Coast AQMD Rules that are currently applicable during construction activities, include but are not limited to Rule 403 (Fugitive Dust) and Rule 1113 (Architectural Coatings). The estimated maximum daily construction emissions without mitigation are summarized in Table 4.1-5, Overall Construction Emissions Summary.
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Table 4.1-5 Overall Construction Emissions Summary
Year
Emissions (lbs/day)
VOC NOX CO SOX PM10 PM2.5
Summer
2023 0.52 14.80 20.40 0.05 2.63 0.67
2024 14.50 19.30 31.00 0.04 0.93 0.40
Winter
2023 0.71 15.00 29.30 0.05 5.45 2.78
2024 14.50 19.40 30.60 0.04 0.93 0.40
Maximum Daily Emissions 14.50 19.40 31.00 0.05 5.45 2.78 South Coast AQMD Regional Threshold 75 100 550 150 150 55 Threshold Exceeded? NO NO NO NO NO NO
Source: (Urban Crossroads, 2023a, Table 3-5)
B. Operational Emissions Impact Analysis
CalEEMod utilizes summer and winter EMFAC 2021 emission factors in order to derive vehicle emissions associated with Project operational activities, which vary by season. As such, operational activities for summer and winter scenarios are presented in Table 4.1-6, Summary of Peak Operational Emissions. The Project’s daily regional emissions from on-going operations will not exceed any of thresholds of significance. Therefore, impacts would be less than significant.

Table 4.1-6 Summary of Peak Operational Emissions
Source
Emissions (lbs/day)
VOC NOX CO SOX PM10 PM2.5
Summer
Mobile Source 0.91 9.61 11.30 0.09 1.91 0.50
Area Source 2.02 0.02 2.75 0.00 0.00 0.00
Energy Source 0.02 0.33 0.28 0.00 0.02 0.02
On-Site Equipment Source 0.12 0.38 16.44 0.00 0.03 0.03 Project Maximum Daily Emissions 3.07 10.34 30.77 0.09 1.96 0.55 South Coast AQMD Regional Threshold 55 55 550 150 150 55 Threshold Exceeded? NO NO NO NO NO NO
Winter
Mobile Source 0.90 10.00 10.80 0.09 1.91 0.50
Area Source 1.57 0.00 0.00 0.00 0.00 0.00
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Source
Emissions (lbs/day)
VOC NOX CO SOX PM10 PM2.5
Energy Source 0.02 0.33 0.28 0.00 0.02 0.02
On-Site Equipment Source 0.12 0.38 16.44 0.00 0.03 0.03 Project Maximum Daily Emissions 2.61 10.71 27.52 0.09 1.96 0.55 South Coast AQMD Regional Threshold 55 55 550 150 150 55 Threshold Exceeded? NO NO NO NO NO NO
Source: (Urban Crossroads, 2023a, Table 3-8)
Threshold c: Would the Project expose sensitive receptors to substantial pollutant concentrations?
A. Construction Localized Emissions Impact Analysis

1. Criteria Pollutant Emissions
Table 4.1-7, Localized Construction-Source Emissions, show the emissions during construction activity. As shown, Project-related construction emissions would not exceed the applicable South Coast AQMD LSTs for CO, NOX, PM10, or PM2.5. Accordingly, construction of the Project would not result in the exposure of any sensitive receptors to substantial pollutant concentrations, and impacts would be less than significant.

Table 4.1-7 Localized Construction-Source Emissions
Construction
Activity Year Scenario
Emissions (lbs/day)
NOX CO PM10 PM2.5
Demolition 2023
Summer 11.90 18.20 1.84 0.44
Winter 11.90 18.20 1.84 0.44
Maximum Daily Emissions 11.90 18.20 1.84 0.44
South Coast AQMD Localized Threshold 81 485 8 5
Threshold Exceeded? NO NO NO NO
Site
Preparation 2023
Summer n/a n/a n/a n/a
Winter 14.70 28.30 5.21 2.73
Maximum Daily Emissions 14.70 28.30 5.21 2.73
South Coast AQMD Localized Threshold 98 600 10 7
Threshold Exceeded? NO NO NO NO
Grading 2023
Summer n/a n/a n/a n/a
Winter 12.60 21.80 1.94 0.98
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Construction
Activity Year Scenario
Emissions (lbs/day)
NOX CO PM10 PM2.5
Maximum Daily Emissions 12.60 21.80 1.94 0.98
South Coast AQMD Localized Threshold 81 485 8 5
Threshold Exceeded? NO NO NO NO
Source: (Urban Crossroads, 2023a, Table 3-11)

2. DPM Source Cancer and Non-Caner Risk Impact Analysis The land use with the greatest potential exposure to Project construction-source DPM emissions is Location R4 which is located approximately 126 feet northeast the Project site at an existing residence located at 1120 North Lemon Street. Since there are no private outdoor living areas facing the Project site, R4 is placed at the building façade. At the maximally exposed individual receptor (MEIR), the maximum incremental cancer risk attributable to Project construction-source DPM emissions is estimated at 2.36 in one million, which is less than the South Coast AQMD’s significance threshold of 10 in one million. At this same location, non-cancer risks were estimated to be <0.01, which would not exceed the applicable threshold of 1.0. As such, the Project will not cause a significant human health or cancer risk to adjacent land uses as a result of Project construction activity. All other receptors during construction activity would experience less risk than what is identified for this location. Detailed analysis for construction DPM emissions can be found in the Project’s HRA (Technical Appendix B2).

B. Operation Localized Emissions Impact Analysis

1. Criteria Pollutant Emissions
The Project is located on an approximately 9.94-acre parcel. As noted previously, the LST Methodology provides look-up tables for sites with an area with daily disturbance of 5 acres or less.

For projects that exceed 5 acres, the 5-acre LST look-up tables can be used as a screening tool to determine whether pollutants require additional detailed analysis. This approach is conservative as it assumes that all on-site emissions associated with the Project would occur within a concentrated 5- acre area. This screening method would therefore over-predict potential localized impacts, because by assuming that on-site operational activities are occurring over a smaller area, the resulting concentrations of air pollutants are more highly concentrated once they reach the smaller site boundary than they would be for activities if they were spread out over a larger surface area. On a larger site, the same amount of air pollutants generated would disperse over a larger surface area and would result in a lower concentration once emissions reach the project-site boundary. As such, LSTs for a 5-acre site during operations are used as a screening tool to determine if further detailed analysis is required. The LST analysis generally includes on-site sources (area, energy, mobile, on-site cargo handling equipment, and stationary equipment). However, it should be noted that the CalEEMod outputs do not separate on-site and off-site emissions from mobile sources. As such, in an effort to establish a maximum potential impact scenario for analytic purposes, the emissions shown on Table 4.1-8, Localized Significance Summary of Operations, represent all on-site Project-related stationary (area) sources and Project-related mobile sources. It should be noted that the longest on-site distance is 405
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roughly 0.5 mile for both trucks and passenger cars. Modeling based on these assumptions demonstrates that even within broad encompassing parameters, Project operational-source emissions would not exceed applicable LSTs.

Table 4.1-8 presents the results of the LST analysis for long-term operation of the Project. As shown, operational emissions would not exceed the South Coast AQMD’s LSTs. Therefore, the Project would have a less than significant localized impact during operational activity.

Table 4.1-8 Localized Significance Summary of Operations Scenario
Emissions (lbs/day)
NOX CO PM10 PM2.5
Summer 2.80 22.52 0.12 0.07
Winter 2.87 20.04 0.12 0.07
Maximum Daily Emissions 2.87 22.52 0.12 0.07
South Coast AQMD Localized Threshold 183 1,253 7 3
Threshold Exceeded? NO NO NO NO
Source: (Urban Crossroads, 2023a, Table 3-13)

2. CO Hot Spot Impact Analysis
The Project would not result in potentially adverse CO concentrations or “hot spots.” Further, detailed modeling of Project-specific CO “hot spots” is not needed to reach this conclusion. An adverse CO concentration, known as a “hot spot”, would occur if an exceedance of the state one-hour standard of 20 ppm or the eight-hour standard of 9 ppm were to occur.

It has long been recognized that CO hotspots are caused by vehicular emissions, primarily when idling at congested intersections. In response, vehicle emissions standards have become increasingly stringent in the last twenty years. Currently, the allowable CO emissions standard in California is a maximum of 3.4 grams/mile for passenger cars (there are requirements for certain vehicles that are more stringent). With the turnover of older vehicles, introduction of cleaner fuels, and implementation of increasingly sophisticated and efficient emissions control technologies, CO concentration in the SCAB is now designated as attainment. To establish a more accurate record of baseline CO concentrations affecting the SCAB, a CO “hot spot” analysis was conducted in 2003 for four busy intersections in Los Angeles at the peak morning and afternoon time periods. This “hot spot” analysis did not predict any violation of CO standards.

For example, 8.4 ppm 8-hr CO concentration measured at the Long Beach Boulevard/Imperial Highway intersection (highest CO generating intersection within the “hot spot” analysis), only 0.7 ppm was attributable to the traffic volumes and congestion at this intersection; the remaining 7.7 ppm were due to the ambient air measurements at the time the 2003 AQMP was prepared. In contrast, an adverse 406
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CO concentration, known as a “hot spot,” would occur if an exceedance of the state one-hour standard of 20 parts per million (ppm) or the eight-hour standard of 9 ppm were to occur.

The ambient 1-hr and 8-hr CO concentration within the Project study area is estimated to be 2.4 ppm and 2.1 ppm, respectively (data from I-5 Near Road monitoring station for 2020). Therefore, even if the traffic volumes for the proposed Project were double or even triple of the traffic volumes generated at the Long Beach Boulevard/Imperial Highway intersection, coupled with the on-going improvements in ambient air quality, the Project would not be capable of resulting in a CO “hot spot” at any study area intersections.

Furthermore, the Bay Area Air Quality Management District (BAAQMD) concluded that under existing and future vehicle emission rates, a given project would have to increase traffic volumes at a single intersection by more than 44,000 vehicles per hour (vph)—or 24,000 vph where vertical and/or horizontal air does not mix—in order to generate a significant CO impact. The busiest intersection evaluated was that at Wilshire Blvd and Veteran Ave., which has a daily traffic volume of approximately 100,000 vehicles per day and AM/PM traffic volumes of 8,062 vph and 7,719 vph respectively. The 2003 AQMP estimated that the 1-hour concentration for this intersection was 4.6 ppm; this indicates that, should the daily traffic volume increase four times to 400,000 vehicles per day, CO concentrations (4.6 ppm x 4= 18.4 ppm) would still not likely exceed the most stringent 1- hour CO standard (20.0 ppm).

The highest trips on a segment of road for the Project is the intersection of State Route 57 (SR-57) Southbound and Katella Avenue with traffic volumes of 3,080 vph during AM peak hours and 4,313 vph during PM peak hours. As such, Project-related traffic volumes are less than the traffic volumes identified in the 2003 AQMP. The proposed Project would not produce the volume of traffic required to generate a CO “hot spot” either in the context of the 2003 Los Angeles hot spot study or based on representative BAAQMD CO threshold considerations. Therefore, CO “hot spots” are not an environmental impact of concern for the Project. Localized air quality impacts related to mobile-source emissions would therefore be less than significant. Based on the foregoing analysis, the Project would result in less-than-significant impacts related to the creation of CO Hot Spots.

3. DPM Source Cancer and Non-Cancer Risk Impact Analysis Residential Exposure Scenario
The residential land use with the greatest potential exposure to Project operational-source DPM emissions is Location R4 which is located approximately 126 feet northeast of the Project site at an existing residence located at 1120 North Lemon Street. Since there are no private outdoor living areas facing the Project site, R4 is placed at the building façade. At the MEIR, the maximum incremental cancer risk attributable to Project operational-source DPM emissions is estimated at 0.62 in one million, which is less than the South Coast AQMD’s significance threshold of 10 in one million. At this same location, non-cancer risks were estimated to be <0.01, which would not exceed the applicable significance threshold of 1.0. Because all other modeled residential receptors are exposed to lesser concentrations than the MEIR analyzed herein, and DPM generally dissipates with distance from the 407
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source, all other residential receptors in the vicinity of the Project site would be exposed to less emissions and therefore less risk than the MEIR identified herein. As such, the Project will not cause a significant human health or cancer risk to nearby residences. A detailed analysis of Residential Exposure Scenario for operational DPM emissions can be found in the Project’s HRA (Technical Appendix B2).

Worker Exposure Scenario
The worker receptor land use with the greatest potential exposure to Project operational-source DPM emissions is Location R6, which represents the potential worker receptor approximately 22 feet west of the Project site. At the maximally exposed individual worker (MEIW), the maximum incremental cancer risk impact is 0.16 in one million which is less than the South Coast AQMD’s threshold of 10 in one million. Maximum non-cancer risks at this same location were estimated to be <0.01, which would not exceed the applicable significance threshold of 1.0. Because all other modeled worker receptors are located at a greater distance than the MEIW analyzed herein, and DPM dissipates with distance from the source, all other worker receptors in the vicinity of the Project would be exposed to less emissions and therefore less risk than the MEIW identified herein. As such, the Project will not cause a significant human health or cancer risk to adjacent workers.

School Child Exposure Scenario
Proximity to sources of toxics is critical to determining the impact. In traffic-related studies, the additional non-cancer health risk attributable to proximity was seen within 1,000 feet and was strongest within 300 feet. California freeway studies show about a 70-percent drop-off in particulate pollution levels at 500 feet. Based on California Air Resources Board (CARB) and South Coast AQMD emissions and modeling analyses, an 80-percent drop-off in pollutant concentrations is expected at approximately 1,000 feet from a distribution center. The 1,000-foot evaluation distance is supported by research-based findings concerning Toxic Air Contaminant (TAC) emission dispersion rates from roadways and large sources showing that emissions diminish substantially between 500 and 1,000 feet from emission sources. A one-quarter mile radius, or 1,320 feet, is commonly utilized for identifying sensitive receptors, such as schools, that may be impacted by a proposed project. This radius is more robust than, and therefore provides a more health protective scenario for evaluation than the 1,000-foot impact radius identified above.

There are no schools within ¼ mile of the Project site. The nearest school is Yorba Middle School, which is located approximately 4,060 feet west of the Project site. Because there is no reasonable potential that TAC emissions would cause significant health impacts at distances of more than 1/4 mile from the air pollution source, there would be no significant impacts that would occur to any schools in the vicinity of the Project.

Combined Construction and Operational Impacts
The land use with the greatest potential increased cancer risk due to exposure to Project constructionsource and operational-source DPM emissions is Location R4. At this location, the maximum incremental cancer risk attributable to Project construction and operational DPM source emissions is 408
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estimated at 2.66 in one million, which is less than the threshold of 10 in one million. At this same location, non-cancer risks were estimated to be <0.01, which would not exceed the applicable threshold of 1.0. As such, the Project will not cause a significant human health or cancer risk to adjacent land uses as a result of Project construction and operational activity. All other receptors during construction and operational activity would experience less risk than what is identified for this location.

C. Potential Health Impacts of the Project
Based on the foregoing analysis, the Project would not exceed the South Coast AQMD localized significance thresholds for assessing localized health impacts from criteria air pollutants during construction or operation. Furthermore, Project construction and operation would not exceed South Coast AQMD’s cancer and non-cancer thresholds during construction or operation. Further, Project traffic would not create or result in a CO “hotspot.” Therefore, sensitive receptors would not be exposed to substantial pollutant concentrations due to the Project, and impacts would be less than significant.

Threshold d: Would the Project result in other emissions (such as those leading to odors adversely affecting a substantial number of people?
Land uses generally associated with odor complaints include agricultural uses (livestock and farming), wastewater treatment plants, food processing plants, chemical plants, composting operations, refineries, landfills, dairies, and fiberglass molding facilities. The Project does not contain land uses typically associated with emitting objectionable odors.

Potential odor sources associated with the proposed Project may result from construction equipment exhaust and the application of asphalt and architectural coatings during construction activities.

Standard construction requirements would minimize odor impacts from construction. The Project would be subject to standard construction requirements, including the use of low-VOC architectural coatings as required by South Coast AQMD Rule 1113, Table of Standards; and compliance with South Coast AQMD Rule 402, Nuisance, which requires that a person shall not discharge air contaminants or other materials that would cause health or safety hazards to any considerable number of persons or the public. Compliance with these standard construction requirements would minimize odor impacts from construction. The construction odor emissions would be temporary, short-term, and intermittent in nature and would cease upon completion of the respective phase of construction and is thus considered less than significant.

Potential sources of operational odors generated by the Project would include the temporary storage of typical solid waste (refuse). It is expected that Project-generated refuse would be stored in covered containers and removed at regular intervals in compliance with the current solid waste regulations, thereby precluding substantial generation of odors due to temporary holding of refuse on site. The proposed Project would also be required to comply with South Coast AQMD Rule 402 to prevent occurrences of public nuisances. Therefore, odors associated with the proposed Project operations 409
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would not adversely affect a substantial number of people, and Project impacts during long-term operations would be less than significant.

4.1.6 CUMULATIVE IMPACT ANALYSIS
With exception of the issue of odors, the cumulative study area for air quality includes the City of Orange and the SCAB. The SCAB is designated as a nonattainment area for State standards of O3, PM10, and PM2.5. The region is also designated as a nonattainment area for federal standards of O3 and PM2.5. Cumulative growth in population, vehicle use, and industrial activity could inhibit efforts to improve regional air quality and attain the ambient air quality standards. Thus, with exception of odors, the setting for this cumulative analysis consists of the SCAB and associated growth and development anticipated in the air basin. For the issue of odors, the cumulative study area includes the Project site and lands in the immediate vicinity to the Project site, as odors diminish rapidly with distance from the source.

According to South Coast AQMD, projects that exceed the project-specific significance thresholds are considered by the South Coast AQMD to be cumulatively considerable. Conversely, projects that do not exceed the project-specific thresholds are generally not considered to be cumulatively significant.

As previously shown in Table 4.1-5, Overall Construction Emissions Summary, Project constructionsource emissions would not exceed the South Coast AQMD regional thresholds of significance for all emissions. Therefore, impacts associated with Project-related construction emissions would be less than cumulatively considerable.

As previously shown in Table 4.1-6, Summary of Peak Operational Emissions, Project operationsource emissions would not exceed the South Coast AQMD regional thresholds of significance for all emissions. Therefore, impacts associated with Project-related operational emissions would be less than cumulatively considerable.

As previously shown in Table 4.1-7, Localized Construction-Source Emissions, emissions would not exceed the South Coast AQMD Localized Threshold for CO, NOx, PM10, or PM2.5. Pursuant to the South Coast AQMD’s CEQA Air Quality Significance Thresholds, projects with daily emissions that exceed any of the indicated thresholds should be considered as having an individually and cumulatively significant impact; therefore, the Project’s emissions during construction would be less than significant on a direct and cumulative basis.

As previously shown in Table 4.1-8, Localized Significance Summary of Operations, under long-term operating conditions, the Project’s localized operational emissions would not exceed any of the South Coast AQMD LST thresholds. Pursuant to the South Coast AQMD’s CEQA Air Quality Significance Thresholds, the Project would have a less-than-cumulatively considerable LST impact during longterm operation. Additionally, the Project would have no potential to result in or contribute to a CO “Hot Spot.” Accordingly, impacts associated with CO “Hot Spots” would be less than cumulatively considerable.
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Cumulatively considerable odor impacts could occur if the Project in combination with other nearby projects resulted in combined construction- or operational-related odor impacts. However, the Project’s compliance with South Coast AQMD Rules 1113, 403, and 402 would ensure that the Project does not generate substantial odors adversely affecting a substantial number of people during construction and operation. Additionally, there are no nearby related projects that generate substantial odors that could combine to create a cumulatively considerable odor impact. Therefore, impacts associated with odors would be less than cumulatively considerable.

4.1.7 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: Less-than-Significant Impact. The Project would not emit air pollutants that would contribute to a delay in the attainment of federal and State ozone standards in the SCAB. As such, the Project would not conflict with and could obstruct implementation of the AQMP, and impacts would be less than significant.

Thresholds b: Less-than-Significant Impact. Project-related activities would not exceed the applicable South Coast AQMD regional thresholds of significance during construction and operations. As such, Project-related emissions would not violate South Coast AQMD air quality standards or contribute to the non-attainment of ozone standards in the SCAB, and impacts would be less than significant.

Threshold c: Less-than-Significant Impact. Implementation of the Project would not: 1) exceed applicable South Coast AQMD localized criteria pollution emissions thresholds during construction and operation; 2) would not expose sensitive receptors to toxic air contaminants (i.e., DPM) that exceed the applicable South Coast AQMD carcinogenic and non-carcinogenic risk significance thresholds; and 3) would not cause or measurably contribute to the formation of a CO “hot spot.” Threshold d: Less-than-Significant Impact. Although short-term construction activities and long-term operational land uses could produce objectionable odors, compliance with standard construction requirements and regulations established by the City of Orange and South Coast AQMD would reduce odor impacts to less-than-significant levels. Near- and long-term odor impacts would be less than significant.

4.1.8 MITIGATION
Impacts would be less than significant; therefore, mitigation is not required. 411
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4.2 BIOLOGICAL RESOURCES
This Subsection evaluates the potential for Project-related activities to impact sensitive biological resources. The analysis in this Subsection is based on information contained in the General Biological Technical Report, dated February 2023, prepared by NOREAS Inc. (NOREAS) and is included as Technical Appendix C (NOREAS, 2023). In addition, this subsection includes information contained in the City’s General Plan Natural Resources Element (Orange, 2015b) and the City’s General Plan EIR (Orange, 2010a).

4.2.1 EXISTING CONDITIONS
Under existing conditions, the Project site consists of an approximate 40,000 square-foot concrete tiltup building, and parking which was occupied by Nursery Supplies, Inc., a manufacturer of plastic nursery planting pots until the end of 2020. The Project site contains ornamental landscaping along the site’s frontage at Struck Avenue.

A. Vegetation Communities
Under existing conditions, the Project site is entirely developed/disturbed and does not support any sensitive vegetation communities. Developed land is not considered a sensitive biological resource.

Developed/disturbed lands within the study area include locales that have been paved, cleared, graded or otherwise altered by anthropogenic activities (i.e., access roads, ornamental landscaping, train tracks, industrial facilities, storage yards, commercial enterprises, and so forth). These lands also include areas with exposed soils, minimal vegetation, and moderate cover by various non-native annual grasses, and weeds. Common non-native plants species detected within this type include ripgut brome (Bromus diandrus), Sahara mustard (Brassica Tournefortil), Mexican fan palm (Washingtonia Robusta), Schismus (Schismus barbatus) and cheese weed (Malva neglecta). (NOREAS, 2023) B. Special-Status Plants
The Project site is in the western portion of the City and is fully developed with a manufacturing facility. Additionally, the properties surrounding the Project site are fully developed and urbanized.

According to the City’s General Plan Environmental Impact Report (EIR), urbanized areas provide low habitat value for sensitive species (Orange, 2010a).

No federal or State listed plant species were observed within the study area during the field survey, however, several have been documented within 10 miles of the Project site. The study area includes no USFWS-designated critical habitats for plants and the Project site does not include the substantive habitat requirements necessary to support special-status flora. (NOREAS, 2023) C. Special-Status Wildlife
The City identifies significant wildlife habitat as being in the City’s undeveloped hillside areas, East Orange, and park and open spaces (particularly near Santiago Creek, Santiago Oaks Regional Park, Irvine Regional Park, and Peters Canyon Regional Park) (Orange, 2015b). The Project site is in the 412
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western portion of the City and is fully developed with a manufacturing facility. Additionally, the properties surrounding the Project site are fully developed and urbanized. According to the City’s General Plan Environmental Impact Report (EIR), urbanized areas provide low habitat value for sensitive species.

No special-status wildlife species were observed within the study area during the field survey. The Project site does not include USFWS-designated critical habitats for wildlife and the substantive habitat requirements necessary to support special-status wildlife. (NOREAS, 2023) D. Nesting Birds
No nesting birds, remnant raptor nests, or bat guano were detected within the Project site (NOREAS, 2023). Under existing conditions, the Project site contains ornamental trees within the northern portion of the site. These existing trees have the potential to provide suitable nesting opportunities for nesting birds. The Migratory Bird Treaty Act (MBTA) governs the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests.

E. Jurisdictional Waters and Wetlands
Wetlands are defined as land that is flooded or saturated by surface water or groundwater at a frequency and duration sufficient to support and, that normally does support, a prevalence of vegetation adapted to life in saturated soils. Wetlands include areas such as swamps, marshes, and bogs. The Project site and surrounding area are fully developed and do not contain any wetlands. No riparian or riverine habitats or obvious indicators of a well-defined water conveyance bed, bank or channel were detected within the Project site (NOREAS, 2023). The nearest wetland habitat to the Project site is at the Santiago Creek located approximately 1.9 miles south.

4.2.2 REGULATORY FRAMEWORK
The Project site is subject to State of California (hereinafter, “State”) and federal regulations that were developed to protect natural resources, including: state and federally listed plants and animals; aquatic resources including rivers and creeks, ephemeral streambeds, wetlands, and areas of riparian habitat; other special-status species which are not listed as threatened or endangered by the State or federal governments; and other special-status vegetation communities. Provided below is an overview of the federal, State, and regional laws, regulations, and requirements that are applicable to the property.

A. Federal Plans, Policies, and Regulations

1. Endangered Species Act (ESA)
The purpose of the federal Endangered Species Act (ESA) is to protect and recover imperiled species and the ecosystems upon which they depend. It is administered by the U.S. Fish and Wildlife Service (USFWS) and the Commerce Department’s National Marine Fisheries Service (NMFS). The USFWS has primary responsibility for terrestrial and freshwater organisms, while the responsibilities of NMFS are mainly marine wildlife such as whales and anadromous fish such as salmon. Under the ESA, 413
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species may be listed as either endangered or threatened. “Endangered” means a species is in danger of extinction throughout all or a significant portion of its range. “Threatened” means a species is likely to become endangered within the foreseeable future. All species of plants and animals, except pest insects, are eligible for listing as endangered or threatened. (USFWS, 2017) The ESA makes it unlawful for a person to take a listed animal without a permit. Take is defined as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct.” Through regulations, the term “harm” is defined as “an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.” Listed plants are not protected from take, although it is illegal to collect or maliciously harm them on federal land. Protection from commercial trade and the effects of federal actions do apply for plants. (USFWS, 2017)
Section 7 of the ESA requires federal agencies to use their legal authorities to promote the conservation purposes of the ESA and to consult with the USFWS and NMFS, as appropriate, to ensure that effects of actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of listed species. During consultation, the “action” agency receives a “biological opinion” or concurrence letter addressing the proposed action. In the relatively few cases in which the USFWS or NMFS makes a jeopardy determination, the agency offers “reasonable and prudent alternatives” about how the proposed action could be modified to avoid jeopardy. It is extremely rare that a project ends up being withdrawn or terminated because of jeopardy to a listed species. (USFWS, 2017) Section 10 of the ESA may be used by landowners including private citizens, corporations, tribes, states, and counties who want to develop property inhabited by listed species. Landowners may receive a permit to take such species incidental to otherwise legal activities, provided they have developed an approved habitat conservation plan (HCP). HCPs include an assessment of the likely impacts on the species from the proposed action, the steps that the permit holder will take to avoid, minimize, and mitigate the impacts, and the funding available to carry out the steps. HCPs may benefit not only landowners but also species by securing and managing important habitat and by addressing economic development with a focus on species conservation. (USFWS, 2017)

2. Migratory Bird Treaty Act (16 USC Section 703-712)
The Migratory Bird Treaty Act (MBTA) makes it illegal for anyone to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to federal regulations. The migratory bird species protected by the MBTA are listed in 50 CFR 10.13. The USFWS has statutory authority and responsibility for enforcing the MBTA (16 U.S.C. 703-712). The MBTA implements Conventions between the United States and four countries (Canada, Mexico, Japan, and Russia) for the protection of migratory birds. (USFWS, 2020) 414
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B. State Plans, Policies, and Regulations

1. California Endangered Species Act (CESA)
The California Endangered Species Act (CESA) states that all native species of fishes, amphibians, reptiles, birds, mammals, invertebrates, and plants, and their habitats, threatened with extinction and those experiencing a significant decline which, if not halted, would lead to a threatened or endangered designation, will be protected or preserved. The California Department of Fish and Wildlife (CDFW) works with interested persons, agencies, and organizations to protect and preserve such sensitive resources and their habitats. CESA prohibits the take of any species of wildlife designated by the California Fish and Game Commission as endangered, threatened, or candidate species. CDFW may authorize the take of any such species if certain conditions are met. (CDFW, n.d.) Section 2081 subdivision (b) of the California Fish and Game Code (CFGC) allows CDFW to authorize take of species listed as endangered, threatened, candidate, or a rare plant, if that take is incidental to otherwise lawful activities and if certain conditions are met. These authorizations are commonly referred to as incidental take permits (ITPs). (CDFW, n.d.) If a species is listed by both the federal ESA and CESA, CFGC Section 2080.1 allows an applicant who has obtained a federal incidental take statement (federal Section 7 consultation) or a federal incidental take permit (federal Section 10(a)(1)(B)) to request that the Director of CDFW find the federal documents consistent with CESA. If the federal documents are found to be consistent with CESA, a consistency determination (CD) is issued and no further authorization or approval is necessary under CESA. (CDFW, n.d.)
A Safe Harbor Agreement (SHA) authorizes incidental take of a species listed as endangered, threatened, candidate, or a rare plant, if implementation of the agreement is reasonably expected to provide a net conservation benefit to the species, among other provisions. SHAs are intended to encourage landowners to voluntarily manage their lands to benefit CESA-listed species. California SHAs are analogous to the federal safe harbor agreement program and CDFW has the authority to issue a consistency determination based on a federal safe harbor agreement. (CDFW, n.d.)

2. Natural Community Conservation Planning Act (NCCP)
CDFW's Natural Community Conservation Planning (NCCP) program takes a broad-based ecosystem approach to planning for the protection and perpetuation of biological diversity. The NCCP program began in 1991 as a cooperative effort to protect habitats and species. It is broader in its orientation and objectives than the California and Federal Endangered Species Acts, as these laws are designed to identify and protect individual species that have already declined in number significantly. (CDFW, n.d.)
An NCCP identifies and provides for the regional protection of plants, animals, and their habitats, while allowing compatible and appropriate economic activity. Working with landowners, environmental organizations, and other interested parties, a local agency oversees the numerous 415
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activities that compose the development of an NCCP. CDFW and the USFWS provide the necessary support, direction, and guidance to NCCP participants. (CDFW, n.d.) There are currently 14 approved NCCPs (includes 6 subarea plans) and more than 20 NCCPs in the active planning phase (includes 10 subarea plans), which together cover more than 7 million acres and will provide conservation for nearly 400 special status species and a wide diversity of natural community types throughout California. (CDFW, n.d.)

3. Unlawful Take or Destruction of Nests or Eggs (CFGC Sections 3503.5-3513) Section 3503.5 of the CFGC specifically protects birds of prey, stating: “It is unlawful to take, possess, or destroy any . . . [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.” Section 3513 of the CFGC duplicates the federal protection of migratory birds, stating: “It is unlawful to take or possess any migratory nongame bird as designated in the Migratory Bird Treaty Act or any part of such migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act.” (CA Legislative Info, n.d.)

4.2.3 BASIS FOR DETERMINING SIGNIFICANCE
Section IV of Appendix G to the CEQA Guidelines addresses typical adverse effects to biological resources, and includes the following threshold questions to evaluate the Project’s impacts to biological resources (OPR, 2019):
• Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service;
• Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service;
• Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means;
• Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites;
• Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance;
• Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. 416
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4.2.4 IMPACT ANALYSIS
Threshold a: Would the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? As previously stated, the City identifies significant wildlife habitat as being in the City’s undeveloped hillside areas, East Orange, and park and open spaces (particularly near Santiago Creek, Santiago Oaks Regional Park, Irvine Regional Park, and Peters Canyon Regional Park) (Orange, 2015b). The Project site is in the western portion of the City and is fully developed with a manufacturing facility.

Additionally, the properties surrounding the Project site are fully developed and urbanized. According to the City’s General Plan Environmental Impact Report (EIR), urbanized areas provide low habitat value for sensitive species. According to the biological survey results, no federal or State listed plant or wildlife species were observed within the study area. The Project site does not include USFWSdesignated critical habitat for plants or wildlife and the Project site does not include the substantive habitat requirements necessary to support special-status plants and wildlife. As such, implementation of the Project would not have the potential to have an adverse effect either directly or indirectly through habitat modifications on any species identified as a candidate, sensitive, or special status species in the local or regional plans, policies or regulation, or by the California Department of Fish and Wildlife and Wildlife Service (NOREAS, 2023). No impacts would occur.

Threshold b: Would the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service?
According to the City’s General Plan EIR, riparian habitat and wetlands within the existing urbanized area of the City occur along the Santiago Creek (Orange, 2010a). The Project site is located approximately 1.9 miles north of the Santiago Creek No riparian, river, or obvious indicators of a welldefined water conveyance bed, bank, or channel were detected within the Project site (NOREAS, 2023). Therefore, implementation of the Project would not have an adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. No impacts would occur.

Threshold c: Would the Project have substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? The Project site and surrounding area are fully developed and do not contain any wetlands. The nearest wetland habitat to the Project site is at the Santiago Creek located approximately 1.9 miles south.

Therefore, the implementation of the Project would not have an adverse effect on state or federally protected wetlands. No impacts would occur.
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Threshold d: Would the Project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The City is characterized as mostly urbanized with low habitat value for wildlife. The City’s primary functional wildlife corridors are Santiago Creek through the center of the City; the northeastern portion of the City, and the Southern California Edison (SCE) utility corridors, which link with the Santiago Oaks Park; and the preserved hillsides and ridgelines in the southeastern portion of the City that link with Peters Canyon Park (Orange, 2015a). Additionally, a significant amount of East Orange is undeveloped, including the Irvine Ranch Land Reserve (IRLR) and the Nature Reserve of Orange County established by the Orange County Central/Coastal Natural Community Conservation Plan (NCCP). These areas have the potential to act as wildlife corridors.

The Project site is fully developed within an urbanized setting and is located outside the identified wildlife corridors. There are no areas within the Project’s vicinity which could function as a wildlife corridor or nursery site for wildlife. Therefore, implementation of the Project would not have the potential to interfere with the movement of any native resident or migratory fish or wildlife species with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites. No impacts would occur.

No nesting birds, remnant raptor nests, or bat guano were detected within the Project site (NOREAS, 2023). The Project requires removal of existing ornamental trees within the northern portion of the site.

These existing trees have the potential to provide suitable nesting opportunities for nesting birds. The Migratory Bird Treaty Act (MBTA) governs the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests. To reduce the Project’s potential impacts on migratory birds, the Project would implement Mitigation Measure (MM) 4.2-1, which requires a pre-construction nesting bird clearance survey to determine the presence/absence, location, and status of any active nests on or adjacent to the Project site. If the nesting bird clearance survey indicates the presence of nesting birds, MM 4.2-1 requires buffers to ensure that any nesting birds are protected according to the MBTA. With the implementation of MM 4.2-1, the Project’s potential constructionrelated impacts to migratory birds would be less than significant.

Threshold e: Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? The City’s participation in the NCCP is its Master Street Tree Plan and the Tree Preservation Ordinance (OMC Chapter 12.32) as the primary local measures to protect biological resources. According to the City’s General Plan EIR, the Master Street Tree Plan and the Tree Preservation Ordinance are effective procedures to monitor the potential for impacts to existing trees that provide roosting and nesting habitat for native and migratory birds throughout the City. The City’s Tree Ordinance restricts the removal of trees including those on private property that is deemed to be “endowed with a public interest” or may be of historical value “by virtue of their origin, size, uniqueness, and/or national or 418
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regional rarity.” (Orange, 2021) Trees determined to be historic are compiled on a master list that is maintained by the Community Services Department and approved by resolution of the City Council.

The Project would result in the removal of ornamental trees. According to OMC Section 12.32.030, the Project Applicant would be required to obtain a Tree Removal Permit. According to OMC Section

12.32.060, the Project’s ornamental trees are not considered Historical Trees. Therefore, the Project would not conflict with any local policies or ordinances protecting biological resources following compliance with OMC Section 12.32.030 and impacts would be less than significant.

Threshold f: Would the Project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
The City of Orange is subject to the NCCP. As shown on General Plan EIR Figure 5.4-2, NCCP Habitat Reserve Area, several areas within the City are designated NCCP Habitat Reserve (Orange, 2010a).

According to General Plan EIR Figure 5.4-2, the Project site is not within an NCCP Habitat Reserve Area. No other approved local, regional, or State habitat conservation plans apply to the site.

Therefore, implementation of the Project does not have the potential to conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. No impacts would occur.

4.2.5 CUMULATIVE IMPACT ANALYSIS
This cumulative impact analysis for biological resources considers development of the Project in conjunction with other development projects in the vicinity of the Project site as well as full General Plan buildout in the City of Orange and other jurisdictions in the region.

The Project site does not contain any special-status plant or wildlife species nor does the site have the potential to support such species. Therefore, the Project would not impact any special-status plant or wildlife species and, thus, the Project would have no potential to contribute to a cumulative impact to special-status plant and/or animal species.

The Project would not impact any riparian or sensitive natural communities; therefore, there is no potential for the Project to contribute to a cumulatively-considerable impact to these resources.

The Project would not impact any State-protected or federally-protected wetlands. Accordingly, the Project has no potential to contribute to a cumulatively-considerable impact to State or federally protected wetlands.

The Project would remove ornamental trees on site that have the potential to support nesting birds protected by federal and State regulations. The Project would not result in the removal of trees off-site or in the surrounding area and would therefore not cumulatively contribute to impacts to nesting birds. 419
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Additionally, related projects are required to comply with the MBTA, which protects nesting birds.

Therefore, the Project would not result in a cumulatively-considerable impact to nesting birds.

The Project would not conflict with any local policies or ordinances protecting biological resources.

Other development projects in the cumulative study area would be required to comply with applicable local policies and/or ordinances related to the protection of biological resources as a standard condition of review/approval. Because the Project and cumulative development would be prohibited from violating applicable, local policies or ordinances related to the protection of biological resources, a cumulatively-considerable impact would not occur.

The Project site is not located within the boundaries of any adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan.

Because there is no conservation plan applicable to the Project impact area, there is no potential for the Project to contribute to the violation of a conservation plan. No cumulative impact would occur.

4.2.6 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: No Impact. The Project site does not contain habitat that is suitable habitat for any plant or wildlife species identified as a candidate, sensitive, or special status species.

Threshold b: No Impact. The Project site does not contain riparian and/or other sensitive natural habitats; therefore, the Project would have no impact on riparian or other sensitive habitats as classified by the CDFW or USFWS.

Threshold c: No Impact. No State- or federally-protected wetlands are located on the Project site; therefore, no impact to wetlands would occur.

Threshold d: Potentially Significant Direct Impact. There is no potential for the Project to interfere with the movement of fish or impede the use of a native wildlife nursery site. However, the Project has the potential to impact nesting migratory birds protected by the MBTA and California Fish and Game Code, should habitat removal occur during the nesting season and nesting birds be present.

Threshold e: Less-Than-Significant Impact. The Project would not conflict with any local policies or ordinances protecting biological resources.

Threshold f: No Impact. The Project impact area is not located within the boundaries of any adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. Therefore, no impact would occur.

4.2.7 MITIGATION
MM 4.2-1 In the event that vegetation and tree removal should occur between March 15 and September 1, the Project Applicant shall retain a qualified biologist to conduct a nesting bird survey no more than 3 days prior to commencement of construction activities. The 420
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biologist conducting the clearance survey shall document the negative results if no active bird nests are observed on the Project site or within the vicinity during the clearance survey with a brief letter report, submitted to the City of Orange Community Development Department prior to construction, indicating that no impacts to active bird nests would occur before construction can proceed. If an active avian nest is discovered during the pre-construction clearance survey, construction activities shall stay outside of a 200-foot buffer around the active nest. For listed and raptor species, this buffer shall be 500-feet. A biological monitor shall be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. Prior to the commencement of construction activities and the issuance of any permits, results of the pre-construction survey and any subsequent monitoring shall be provided to the City of Orange Community Development Department.

MM 4.2-2 Prior to approval of a grading permit, a note shall be placed on grading plans that “no personnel working within Project limits will “take” or destroy plants, animals, or active nests (or eggs) of birds that are protected under the Federal or State Endangered Species Acts and Migratory Bird Treaty Act (MBTA).” During pre-construction surveys, a biologist shall train all field staff on appliable local, state, and federal regulatory requirements, environmental laws, and regulations associated with working around biological resources. Verification of training shall be provided to the Community Development Director.

4.2.8 SIGNIFICANCE OF IMPACTS AFTER MITIGATION
Threshold d: Less-than-Significant Impact with Mitigation. Implementation of MM 4.2-1 would ensure that pre-construction surveys are conducted for nesting birds protected by State and federal regulations in the event that vegetation is removed from the Project site during the breeding season. If nesting birds are present on the Project site, the mitigation requires avoidance of active bird nests in conformance with accepted protocols and regulatory requirements. With implementation of the required mitigation, potential direct and cumulatively-considerable impacts to nesting birds protected by State and federal regulations would be reduced to below a level of significance. 421
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4.3 CULTURAL RESOURCES
The analysis in this Subsection is based on a cultural resources report prepared by Duke Cultural Resources Management (hereinafter, “Duke CRM”) and titled “Cultural and Paleontological Resource Letter Report for the 534 Struck Avenue Project,” dated April 30, 2021 (Duke, 2021). This report is included as Technical Appendix D to this EIR.

Confidential information has been redacted from Technical Appendix D for purposes of public review.

In addition, much of the written and oral communication between Native American tribes, the City, and Duke CRM is considered confidential in respect to places that may have traditional tribal cultural significance (Gov. Code Section 65352.4), and although relied upon in part to inform the preparation of this EIR Subsection, those communications are treated as confidential and are not available for public review. Under existing law, environmental documents must not include information about the location of archeological sites or sacred lands or any other information that is exempt from public disclosure pursuant to the Public Records Act (Cal. Code Regs. Section 15120(d)).

4.3.1 EXISTING CONDITIONS
A. Prehistoric Resources

1. Regional Setting
Four cultural horizons, each with characteristic local variations, have been defined to explain the prehistory of southern California:

I. Early Man (~9000–8500 before present (B.P.))
II. Milling Stone (8500–4000 B.P.)
III. Intermediate (4000–1500 B.P.)
IV. Late Prehistoric (1500~200 B.P.)
The Project is located within the ethnographic territory of the Gabrielino (Tongva) and Juaneño (Acjachemen) Indians. The Gabrielino and Juaneño are Takic-speakers and are descended from late prehistoric populations of the region. Important food resources would have been acorns, agave, wild seeds and nuts, hunting game and fishing. Due to Spanish subjugation and absorption into the mission system very little is known concerning the details of the Gabrielino and Juaneño political structures, social behavior, and cultural practices. Their villages were generally self-contained and had an autonomous political structure comprised of non-localized lineages, in which the largest and dominant lineage’s leader was usually the village chief. Village houses were domed, circular shaped structures, constructed from tree branches and thatched with tule, fern or carrizo. The villages would have been located near fresh water and raw material resources. Villagers would have utilized temporary camps throughout their localized territories for hunting, gathering, and raw material trips away from the main village.
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Major former Gabrielino villages or communities near the Project area include Hotuuknga 2.5 miles to the northwest and Pasbenga 3.8 miles to the south. Hotuuknga was recorded within what is now the City of Anaheim, located along the Santa Ana River within the 79,000-acre San Juan Cajon de Santa Ana Mexican land grant originally granted to Juan Pacífico Ontiveros. The word Hotuuknga reportedly means “…night, for at the beginning of the world, they went no more in the night.” Pasbenga was recorded in the vicinity of the Santa Ana River near present day Santa Ana.

2. Project site Conditions
Duke CRM conducted a combined intensive and reconnaissance level pedestrian survey of the Project site on February 22, 2020. The pedestrian survey consisted of a series of transects spaced at approximately 10-15 meter intervals. Photographs of the Project site were also taken.

A paleontological resource records search was submitted by Duke CRM for the Project to the Department of Vertebrate Paleontology at the Natural History Museum of Los Angeles County (LACNHM) to identify fossil localities in or near the Project site. Additionally, online searches were performed within the University of California Museum of Paleontology collections, San Diego Natural History Museum collections (SDNHM), Paleobiology Database, and FAUNMAP sites for fossil localities in similar deposits within 3 miles of the Project site.

B. Historical Resources

1. Regional Setting
The Project is located in the northwestern portion of the Peninsular Ranges geomorphic province. The Peninsular Ranges province is distinguished by northwest trending mountain ranges and valleys following faults branching from the San Andreas Fault. Locally, the Project area is located in the Central Block of the Los Angeles Basin, an area characterized by thick alluvial deposits overlying sediments ranging from Cretaceous to Pleistocene in age. The old alluvial fan deposits (Qof) underlying the Project area are exclusively alluvial fan sediments sourced from the Santa Ana Mountains to the northeast in the Pleistocene Epoch (2.5 million years ago to 11,700 years ago). The El Modena and Peralta Hills to the north represent the Peralta Hills Anticline, a surface expression of the underlying, east-west trending, Peralta Hills Fault. The elevation is approximately 260 feet above mean sea level (amsl). Prior to urbanization, native vegetation would have included annual grasslands, California sagebrush and buckwheat, sage, chamise chaparral, and coast live oak. Climate is Mediterranean-like with mild annual temperatures and annual precipitation typically ranging between 14 to 26 inches.

2. Project site Conditions
A cultural resources records search was performed by Duke CRM for the Project at the South Central Coastal Information Center (SCCIC) at California State University, Fullerton in order to identify any National Register of Historic Places (NRHP) or California Register of Historical Resources (CRHR) within one-half mile of the Project site. The cultural resource records search results indicate that no previous cultural resources studies have included the Project boundaries. Three reports have been 423
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completed within one-half mile of the Project, all of which were small-scale desktop literature searches (OR-02255, OR-03105 and OR-03916). The 2010 Tom Tang letter report (OR-03916) included a literature review of a segment of the Atchison, Topeka, and Sana Fe Railway (ATSF; now Burlington, Northern, and Santa Fe Railroad) located immediately adjacent to and east of the current Project area.

However, this segment was not formally recorded on a site record (DPR 523 Series). The record search results also indicated that no cultural resource have been recorded within the current Project area.

However, two cultural resources are recorded within one-half mile of the Project: P-30-176663 and P30-159932.

P-30-176663 is located half-mile from the Project area to the southwest. It is the ATSF Railroad. It was determined ineligible for listing on the NRHP because although much of the rail was originally constructed in 1880s, it has been currently in use for over 100 years. The continual maintenance and upgrades necessary for a modern railroad have diminished its historic integrity. The existing track and other associated railroad features are mostly modern in origin and show no historical characteristics today. In 2010, Tang noted that the ATSF segment located immediately adjacent to, and outside of, the current Project area was a subsidiary of the historic ATSF Railroad originally constructed between 1885-1888. Tang noted that the segment should be considered an extension of P-30-176663; however, this segment has not been formally documented on a site record (DPR 52 Series), nor evaluated for eligibility on the NRHP or CRHR.

P-30-159932 is located one half-mile southeast of the Project area. It is the Old Towne Orange Historic District and is listed on the NRHP (No. 97000617). Old Towne Orange consists of numerous Craftsman Bungalow, Mission/Spanish revival, and Classical Revival style buildings, with 1,237 contributing and 512 non-contributing elements.

A review of aerial photos, site concept plans, and the field survey indicate that a railroad spur is located within the Project boundary to the east. This railroad spur is not part of P-30-176663. Maps were reviewed from www.historicaerials.com, which show that spur is less than 50 years in age, having been built between 1972-1980 (NETR 2020).

4.3.2 REGULATORY FRAMEWORK
A. Federal Regulations

1. National Historic Preservation Act
The National Historic Preservation Act of 1966 (NHPA) was passed primarily to acknowledge the importance of protecting our nation’s heritage. While Congress recognized that national goals for historic preservation could best be achieved by supporting the drive, enthusiasm, and wishes of local citizens and communities, it understood that the federal government must set an example through enlightened policies and practices. In the words of the Act, the federal government's role would be to "provide leadership" for preservation, "contribute to" and "give maximum encouragement" to preservation, and "foster conditions under which our modern society and our prehistoric and historic resources can exist in productive harmony." (NPS, 2021a) 424
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NHPA and related legislation sought a partnership among the federal government and the states that would capitalize on the strengths of each. The federal government, led by the National Park Service (NPS) provides funding assistance; basic technical knowledge and tools; and a broad national perspective on America's heritage. The states, through State Historic Preservation Officers (SHPOs) appointed by the governor of each state, would provide matching funds, a designated state office, and a statewide preservation program tailored to state and local needs and designed to support and promote state and local historic preservation interests and priorities. (NPS, 2021a) An Advisory Council on Historic Preservation (ACHP), the first and only federal entity created solely to address historic preservation issues, was established as a cabinet-level body of Presidentiallyappointed citizens, experts in the field, and federal, state, and local government representatives, to ensure that private citizens, local communities, and other concerned parties would have a forum for influencing federal policy, programs, and decisions as they impacted historic properties and their attendant values. (NPS, 2021a)
Section 106 of NHPA granted legal status to historic preservation in federal planning, decision-making, and project execution. Section 106 requires all federal agencies to take into account the effects of their actions on historic properties, and provide ACHP with a reasonable opportunity to comment on those actions and the manner in which federal agencies are taking historic properties into account in their decisions. (NPS, 2021a)
A number of additional executive and legislative actions have been directed toward improving the ways in which all federal agencies manage historic properties and consider historic and cultural values in their planning and assistance. Executive Order 11593 (1971) and, later, Section 110 of NHPA (1980, amended 1992), provided the broadest of these mandates, giving federal agencies clear direction to identify and consider historic properties in federal and federally assisted actions. The National Historic Preservation Amendments of 1992 further clarified Section 110 and directed federal agencies to establish preservation programs commensurate with their missions and the effects of their authorized programs on historic properties. (NPS, 2021a)

2. National Register of Historic Places (NRHP)
The National Register of Historic Places is the official list of the Nation's historic places worthy of preservation. Authorized by the NHPA of 1966, the NPS's National Register of Historic Places (NRHP) is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America's historic and archaeological resources. (NPS, 2020a) To be considered eligible, a property must meet the National Register Criteria for Evaluation. This involves examining the property’s age, integrity, and significance, as follows:
• Age and Integrity. Is the property old enough to be considered historic (generally at least 50 years old) and does it still look much the way it did in the past? 425
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• Significance. Is the property associated with events, activities, or developments that were important in the past? With the lives of people who were important in the past? With significant architectural history, landscape history, or engineering achievements? Does it have the potential to yield information through archaeological investigation about our past? (NPS, 2020a)
Nominations can be submitted to a SHPO from property owners, historical societies, preservation organizations, governmental agencies, and other individuals or groups. The SHPO notifies affected property owners and local governments and solicits public comment. If the owner (or a majority of owners for a district nomination) objects, the property cannot be listed but may be forwarded to the NPS for a Determination of Eligibility (DOE). Listing in the NRHP provides formal recognition of a property’s historical, architectural, or archaeological significance based on national standards used by every state. (NPS, 2020a)
Under Federal Law, the listing of a property in the National Register places no restrictions on what a non-federal owner may do with their property up to and including destruction, unless the property is involved in a project that receives Federal assistance, usually funding or licensing/permitting. National Register listing does not lead to public acquisition or require public access. (NPS, 2020a)

3. National Historic Landmarks Program
National Historic Landmarks (NHLs) are nationally significant historic places designated by the Secretary of the Interior because they possess exceptional value or quality in illustrating or interpreting the heritage of the United States. Today, over 2,600 historic places bear this national distinction.

Working with citizens throughout the nation, the NHL Program draws upon the expertise of NPS staff who guide the nomination process for new Landmarks and provide assistance to existing Landmarks. (NPS, 2021b)

4. American Indian Religious Freedom Act
The American Indian Religious Freedom Act (AIRFA) requires each executive branch agency with statutory or administrative responsibility for the management of Federal lands, to the extent practicable, permitted by law, and not clearly inconsistent with essential agency functions, to accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners and avoid adversely affecting the physical integrity of such sacred sites. Where appropriate, agencies are also required to maintain the confidentiality of sacred sites. Each executive branch agency with statutory or administrative responsibility for the management of Federal lands are required to implement procedures to ensure reasonable notice is provided of proposed actions or land management policies that may restrict future access to or ceremonial use of, or adversely affect the physical integrity of, sacred sites. (NOAA, n.d.)
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5. Native American Graves Protection and Repatriation Act (NAGPRA) The Native American Graves Protection and Repatriation Act (NAGPRA; Public Law 101-601; 25 U.S.C. 3001-3013) describes the rights of Native American lineal descendants, Indian tribes, and Native Hawaiian organizations with respect to the treatment, repatriation, and disposition of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony, referred to collectively in the statute as cultural items, with which they can show a relationship of lineal descent or cultural affiliation. (NPS, 2021c)
One major purpose of this statute is to require that federal agencies and museums receiving Federal funds inventory holdings of Native American human remains and funerary objects and provide written summaries of other cultural items. The agencies and museums must consult with Indian Tribes and Native Hawaiian organizations to attempt to reach agreements on the repatriation or other disposition of these remains and objects. Once lineal descent or cultural affiliation has been established, and in some cases the right of possession also has been demonstrated, lineal descendants, affiliated Indian Tribes, or affiliated Native Hawaiian organizations normally make the final determination about the disposition of cultural items. Disposition may take many forms from reburial to long term curation, according to the wishes of the lineal descendent(s) or culturally affiliated Tribe(s). (NPS, 2021c) The second major purpose of the statute is to provide greater protection for Native American burial sites and more careful control over the removal of Native American human remains, funerary objects, sacred objects, and items of cultural patrimony on Federal and tribal lands. NAGPRA requires that Indian tribes or Native Hawaiian organizations be consulted whenever archaeological investigations encounter, or are expected to encounter, Native American cultural items or when such items are unexpectedly discovered on Federal or tribal lands. Excavation or removal of any such items also must be done under procedures required by the Archaeological Resources Protection Act. This NAGPRA requirement is likely to encourage the in-situ preservation of archaeological sites, or at least the portions of them that contain burials or other kinds of cultural items. (NPS, 2021c) Other provisions of NAGPRA: (1) stipulate that illegal trafficking in human remains and cultural items may result in criminal penalties; (2) authorizes the Secretary of the Interior to administer a grants program to assist museums and Indian Tribes in complying with certain requirements of the statute; (3) requires the Secretary of the Interior to establish a Review Committee to provide advice and assistance in carrying out key provisions of the statute; authorizes the Secretary of the Interior to penalize museums that fail to comply with the statute; and, (5) directs the Secretary to develop regulations in consultation with this Review Committee. (NPS, 2021c)

6. Federal Antiquities Act
The Antiquities Act is the first law to establish that archaeological sites on public lands are important public resources. It obligates federal agencies that manage the public lands to preserve for present and future generations the historic, scientific, commemorative, and cultural values of the archaeological and historic sites and structures on these lands. It also authorizes the President to protect landmarks, 427
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structures, and objects of historic or scientific interest by designating them as National Monuments. (NPS, 2021d)
B. State Regulations

1. California Administrative Code, Title 14, Section 4308 Section 4308, Archaeological Features, of Title 14 of the California Administrative Code provides that: “No person shall remove, injure, disfigure, deface, or destroy any object of archaeological, or historical interest or value.” (NPS, n.d.)

2. California Code of Regulations Title 14, Section 1427 California Code of Regulations Title 14, Section 1427 provides that: “No person shall collect or remove any object or thing of archaeological or historical interest or value, nor shall any person injure, disfigure, deface or destroy the physical site, location or context in which the object or thing of archaeological or historical interest or value is found.” (NAHC, n.d.)

3. California Register of Historic Resources
The State Historical Resources Commission has designed this program for use by state and local agencies, private groups, and citizens to identify, evaluate, register, and protect California's historical resources. The Register is the authoritative guide to the state's significant historical and archaeological resources. The California Register program encourages public recognition and protection of resources of architectural, historical, archaeological, and cultural significance; identifies historical resources for state and local planning purposes; determines eligibility for state historic preservation grant funding; and affords certain protections under CEQA. (OHP, n.d.) In order for a resource to be included on the Register of Historic Resources, the resources must meet one of the following criteria:
• Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States (Criterion 1). • Associated with the lives of persons important to local, California or national history (Criterion 2).
• Embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of a master or possesses high artistic values (Criterion 3). • Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation (Criterion 4). (OHP, n.d.) For resources included on the Register of Historic Resources, environmental review may be required under CEQA if property is threatened by a project. Additionally, local building inspectors must grant code alternatives provided under State Historical Building Code. Further, the local assessor may enter into contract with property owner for property tax reduction pursuant to the Mills Act. A property owner also may place his or her own plaque or marker at the site of the resource. (OHP, n.d.) 428
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Consent of owner is not required, but a resource cannot be listed over an owner’s objections. The State Historical Resources Commission (SHRC) can, however, formally determine a property eligible for the California Register if the resource owner objects. (OHP, n.d.)

4. Traditional Tribal Cultural Places Act (Senate Bill 18, “SB 18”) Senate Bill 18 (SB 18) requires local (city and county) governments to consult with California Native American tribes to aid in the protection of traditional tribal cultural places (“cultural places”) through local land use planning. SB 18 also requires the Governor’s Office of Planning and Research (OPR) to include in the General Plan Guidelines advice to local governments for how to conduct these consultations. (OPR, 2005)
The intent of SB 18 is to provide California Native American tribes an opportunity to participate in local land use decisions at an early planning stage, for the purpose of protecting, or mitigating impacts to, cultural places. The purpose of involving tribes at these early planning stages is to allow consideration of cultural places in the context of broad local land use policy, before individual sitespecific, project-level land use decisions are made by a local government. (OPR, 2005) SB 18 requires local governments to consult with tribes prior to making certain planning decisions and to provide notice to tribes at certain key points in the planning process. These consultation and notice requirements apply to adoption and amendment of both general plans (defined in Government Code § 65300 et seq.) and specific plans (defined in Government Code § 65450 et seq.). Although SB 18 does not specifically mention consultation or notice requirements for adoption or amendment of specific plans, existing state planning law requires local governments to use the same processes for adoption and amendment of specific plans as for general plans (see Government Code § 65453).

Therefore, where SB 18 requires consultation and/or notice for a general plan adoption or amendment, the requirement extends also to a specific plan adoption or amendment. (OPR, 2005)

5. Assembly Bill 52 (AB 52)
California Assembly Bill 52 (AB 52) (2014) Chapter 532 amended Section 5097.94 of, and added Sections 21073, 21074, 21080.3.1, 21080.3.2, 21802.3, 21083.09, 21084.2 and 21084.3 to the California Public Resources Code, relating to Native Americans. AB 52 was approved on September 25, 2014. By including tribal cultural resources early in the CEQA process, the legislature intended to ensure that local and Tribal governments, public agencies, and project proponents would have information available, early in the project planning process, to identify and address potential adverse impacts to tribal cultural resources. By taking this proactive approach, the legislature also intended to reduce the potential for delay and conflicts in the environmental review process. (OPR, 2017a) The Public Resources Code now establishes that “[a] project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment.” (Pub. Resources Code, § 21084.2.) To help determine whether a project may have such an effect, the Public Resources Code requires a lead agency to consult with any California Native American tribe that requests consultation and is traditionally and culturally affiliated 429
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with the geographic area of a proposed project. That consultation must take place prior to the determination of whether a negative declaration, mitigated negative declaration, or environmental impact report is required for a project. (Pub. Resources Code, § 21080.3.1.) (OPR, 2017a) If a lead agency determines that a project may cause a substantial adverse change to tribal cultural resources, the lead agency must consider measures to mitigate that impact. Public Resources Code § 20184.3 (b)(2) provides examples of mitigation measures that lead agencies may consider to avoid or minimize impacts to tribal cultural resources. These rules apply to projects that have a notice of preparation for an environmental impact report or negative declaration or mitigated negative declaration filed on or after July 1, 2015. (OPR, 2017a) § 21074 of the Public Resources Code defines “tribal cultural resources.” In brief, in order to be considered a “tribal cultural resource,” a resource must be either:
(1) listed, or determined to be eligible for listing, on the national, state, or local register of historic resources, or
(2) a resource that the lead agency chooses, in its discretion, to treat as a tribal cultural resource. (OPR, 2017a)
In the latter instance, the lead agency must determine that the resource meets the criteria for listing in the state register of historic resources. In applying those criteria, a lead agency must consider the value of the resource to the tribe. (OPR, 2017a)

6. State Health and Safety Code
California Health and Safety Code (HSC) § 7050.5(b) requires that excavation and disturbance activities must cease “In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery…” until the coroner can determine regarding the circumstances, manner, and cause of any death. The coroner is then required to make recommendations concerning the treatment and disposition of the human remains. Further, this section of the code makes it a misdemeanor to intentionally disturb, mutilate or remove interred human remains. § 7051 specifies that the removal of human remains from “internment or a place of storage while awaiting internment” with the intent to sell them or to dissect them with “malice or wantonness” is a public offense punishable by imprisonment in a state prison. Lastly, HSC §§ 8010-8011 establish the California Native American Graves Protection and Repatriation Act consistent with the federal law addressing the same. The Act stresses that “all California Indian human remains and cultural items are to be treated with dignity and respect.” It encourages voluntary disclosure and return of remains and cultural items by publicly funded agencies and museums in California. It also outlines the need for aiding California Indian tribes, including non-federally recognized tribes, in filing repatriation claims. (CA Legislative Info, n.d.)
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7. California Code of Regulations Section 15064.5
The California Code of Regulations, Title 14, Chapter 3, § 15064.5 (the State CEQA Guidelines) establishes the procedure for determining the significance of impacts to archaeological and historical resources, as well as classifying the type of resource. Cultural resources are aspects of the environment that require identification and assessment for potential significance. The evaluation of cultural resources under CEQA is based upon the definitions of resources provided in CEQA Guidelines § 15064.5, as follows: (CRNA, 2019)
• A resource listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources (Pub. Res. Code § 5024.1, Title 14 CCR, Section 4850 et seq.).
• A resource included in a local register of historical resources, as defined in section 5020.1(k) of the Public Resources Code or identified as significant in an historical resource survey meeting the requirements section 5024.1(g) of the Public Resources Code, shall be presumed to be historically or culturally significant. Public agencies must treat any such resource as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant.
• Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California may be considered to be an historical resource, provided the lead agency’s determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be “historically significant” if the resource meets the criteria for listing on the California Register of Historical Resources (Pub. Res. Code § 5024.1, Title 14 CCR, Section 4852) including the following:
o Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage;
o Is associated with the lives of persons important in our past; o Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or
o Has yielded, or may be likely to yield, information important in prehistory or history. • The fact that a resource is not listed in, or determined to be eligible for listing in the California Register of Historical Resources, not included in a local register of historical resources (pursuant to section 5020.1(k) of the Public Resources Code), or identified in an historical resources survey (meeting the criteria in section 5024.1(g) of the Public Resources Code) does not preclude a lead agency from determining that the resource may be an historical resource as defined in Public Resources Code sections 5020.1(j) or 5024.1. 431
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4.3.3 BASIS FOR DETERMINING SIGNIFICANCE
Section V of Appendix G to the CEQA Guidelines addresses typical adverse effects to cultural resources, and includes the following threshold questions to evaluate the Project’s impacts on cultural resources (OPR, 2019):
• Cause a substantial adverse change in the significance of a historical resource in pursuant to § 15064.5;
• Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5;
• Disturb any human remains, including those interred outside of formal cemeteries.

4.3.4 IMPACT ANALYSIS
Threshold a: Would the Project cause a substantial adverse change in the significance of a historical resource in pursuant to § 15064.5
As shown in Figure CR-2 of the City’s General Plan Cultural Resource and Historic Preservation Element, the Project site is not designated as a historic resource nor is the site proposed as a historic resource. Additionally, no listed or designated historical resources are in proximity to the site; the majority of historical resources identified are in the Old Towne Historic District and Plaza District (Orange, 2015c). Additionally, according to the cultural resource record search, no cultural resources have been recorded within the Project area (Duke, 2021). However, two potential historic resources were recorded within one-half mile of the Project: P-30-176663 and P-30-159932. P-30-176663 is a portion of the BNSF Railroad located a one-half mile southwest of the Project site. This portion of the BNSF Railroad was determined ineligible for listing on the National Registry of Historic Places (NRHP) because it is currently in use and has had continual maintenance and upgrades necessary for modern rail and thus diminished the historic integrity. P-30-159932 consists of several buildings located in the Old Towne Orange Historic District and is listed on the NRHP (No. 97000617). Due to the site’s location and limited physical disturbance area, implementation of the Project does not have the potential to result in a substantial adverse change to these resources. No impacts would occur.

Implementation of the Project would demolish the existing structure and redevelop the site. As shown in Figure 2-3, the Project site is developed with an approximate 40,000 sf manufacturing facility that was constructed in approximately 1977. The northern portion of the site contains ornamental landscaping and a concrete paved parking lot and the existing structure. The southern portion of the site is concrete paved and was used to store the facility’s products (planters and pots). The site’s existing structures are not 50 years old and do not meet the criteria listed above and, therefore, are not considered historically significant. Therefore, redevelopment of the Project site would not impact historical resources; no impacts would occur.
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Threshold b: Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5?
The Project site is developed with a manufacturing facility and associated parking. As previously discussed, the Project site is within an urbanized portion of the City and is surrounded by existing industrial uses. Because the Project site is developed, the site was subject to construction and grounddisturbing activities similar to that which would occur under the Project.

Given the highly disturbed condition of the Project site and its surroundings, the potential for the Project’s construction activities to affect an unidentified archaeological resource is considered low.

However, while unlikely, the presence of previously undiscovered subsurface archaeological resources on the Project site remains possible. It is possible that subsurface disturbance would occur at levels not previously disturbed (e.g., deeper excavation) or may uncover undiscovered archaeological resources at the site. Therefore, impacts are potentially significant.

Threshold c: Would the Project disturb any human remains, including those interred outside of formal cemeteries?
The Project site and surrounding properties are developed and are not used as cemeteries. As such, human remains, including those interred outside of formal cemeteries are not anticipated to be encountered during earth removal or disturbance activities. Based on the Project-specific geotechnical investigation prepared by GeoTek, Inc. (GeoTek) titled Geotechnical and Infiltration Evaluation Proposed Warehouse Facility, dated March 31, 2020, the near-surface soils encountered at the 10 boring sites were undocumented fill soils. Ground disturbance will involve approximately 20 feet in depth for the water quality BMPs in the northwest corner of the Project, 12 feet for utilities, and 5 feet in depth for the remainder of the Project.

If, in the unlikely event that, human remains were uncovered during grading activities, proper treatment is required in accordance with applicable State law. California Health and Safety Code Section 7050.5 to 7055 describes the general provisions for proper treatment of human remains. Specifically, the Health and Safety Code Section 7050.5 describes the requirements if any human remains are accidentally discovered during onsite grading activities. Additionally, compliance with California Public Resources Code Section 5097.98 requires that disturbance of the site remain halted until the County Coroner can evaluate the find and notification of the Native American Heritage Commission (NAHC) if the remains are of Native American origin. The NAHC is responsible for contacting the most likely Native American descendent, for consultation. Following compliance with existing State regulations, which detail the appropriate actions necessary in the event human remains are encountered, impacts in this regard would be reduced to less than significant levels.

4.3.5 CUMULATIVE IMPACT ANALYSIS
The potential for implementation of the Project to contribute to cumulative impacts to historical resources was analyzed in conjunction with other projects located in the immediate vicinity of the Project site. The Project site does not contain historical resources, and there are no related projects in 433
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the immediate vicinity that would have an effect on historical resources. Therefore, implementation of the Project has no potential to contribute towards a cumulative impact to significant historical sites and/or resources.

The potential for Project construction to result in cumulatively-considerable impacts to prehistoric archaeological resources were also analyzed in conjunction with other projects located in the immediate vicinity of the Project site. Implementation of the Project would not impact any known archaeological resources and the likelihood of uncovering previously unknown archaeological resources during Project construction are low due past grading activities associated with the existing development. Nonetheless, the potential exists that a significant archaeological resource could be discovered during grading into native soils. However, there are no related projects in the vicinity that would affect archeological resources. Accordingly, the Project does not have the potential to contribute to a significant cumulative impact to archaeological resource sites and/or resources.

Mandatory compliance with the provisions of California Health and Safety Code Section 7050.5 as well as Public Resources Code Section 5097 et seq., would assure that all future development projects within the region treat human remains that may be uncovered during development activities in accordance with prescribed, respectful and appropriate practices, thereby avoiding significant cumulative impacts.

4.3.6 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: No Impact. No historic resources, as defined by CEQA Guidelines Section 15064.5, are present on the Project site; therefore, no historic resources could be altered or destroyed by construction or operation of the Project.

Threshold b: Significant Direct Impact. No known archeological resources are present on the Project site and the likelihood of uncovering buried prehistoric resources on the Project site is low due to the magnitude of historic ground disturbance on the Project site. Nonetheless, the potential exists for Project-related construction activities to result in a direct impact to significant subsurface archaeological resources should such resources to be discovered during Project-related grading activities.

Threshold c: Less-Than-Significant Impact. In the unlikely event that human remains are discovered during Project grading or other ground disturbing activities, the Project would be required to comply with the applicable provisions of California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097 et seq. Mandatory compliance with State law would ensure that any discovered human remains are appropriately treated and would preclude the potential for significant impacts.

4.3.7 MITIGATION
MM 4.3-1 In the event a potentially significant cultural resource is encountered during subsurface earthwork activities, all construction activities within a 100-foot radius of the find shall 434
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cease and workers should avoid altering the materials until a qualified archaeologist who meets the Secretary of Interior’s Professional Qualification Standards for archaeology has evaluated the resource. The Applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Any previously undiscovered resource found during construction-related activities shall be recorded on the appropriate Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA criteria by a qualified archaeologist. Potentially significant cultural resources consist of but are not limited to stone, bone, glass, ceramics, wood, or shell artifacts, or features including hearths, structural remains, or historic dumpsites. If the resource is determined to be significant under CEQA Guidelines Section 15064.5, the qualified archaeologist shall prepare and implement a research design and archeological data recovery plan that will capture those categories of data for which the site is significant in accordance with Section 15064.5 of the State CEQA Guidelines. The archaeologist shall also perform appropriate technical analyses, prepare a comprehensive report complete with methods, results, and recommendations, and provide for the permanent curation or repatriation of the recovered resources in cooperation with the designated most likely descendant as needed. The report shall be submitted to the City of Orange, the SouthCentral Coastal Information Center, and the State Historic Preservation Office, if required.

4.3.8 SIGNIFICANCE OF IMPACTS AFTER MITIGATION
Threshold b: Less-than-Significant Impact with Mitigation. Implementation of Mitigation Measure MM 4.3-1 would ensure the proper identification and subsequent treatment of any significant archaeological resources that may be encountered during ground-disturbing activities associated with Project grading activities. With implementation of the required mitigation, the Project’s potential impacts to important archaeological resources would be reduced to less-than-significant. 435
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4.4 ENERGY
The analysis in this subsection is primarily based on information contained a technical report prepared by Urban Crossroads, Inc. tilted, “534 Struck Avenue Energy Analysis”, dated January 12, 2023 (Urban Crossroads, 2023c). The technical report is included as Technical Appendix E to this EIR. Refer to Section 7.0, References, for a complete list of reference sources used in this subsection.

4.4.1 EXISTING CONDITIONS
A. Electricity Consumption
The Project site is located within the service area of the Southern California Edison (SCE). SCE provides electric power to more than 15 million people in 15 counties and in 180 incorporated cities, within a service area encompassing approximately 50,000 square miles. Based on SCE’s 2018 Power Content Label Mix, SCE derives electricity from varied energy resources including: fossil fuels, hydroelectric generators, nuclear power plants, geothermal power plants, solar power generation, and wind farms. SCE also purchases from independent power producers and utilities, including out‐of‐state suppliers.

According to the United States (U.S.) Energy Information Administration, California used approximately 277,764 gigawatt hours (GWh) of electricity in 2021. By section in 2020, transportation uses utilized 34% of the state’s electricity, 24.6% for industrial uses, 21.8% for residential uses, and

19.6% for commercial uses. California's massive electricity in-state generation system generated approximately 194,127 GWh which accounted for approximately 70% of the electricity it uses; the rest was imported from the Pacific Northwest (12%) and the U.S. Southwest (18%).

B. Natural Gas Consumption
The Project site is located within the service area of the Southern California Gas Company (SoCalGas) which is regulated by the California Public Utilities Commission (CPUC). The CPUC regulates natural gas utility service for approximately 10.8 million customers that receive natural gas from Pacific Gas and Electric (PG&E), Southern California Gas (SoCalGas), San Diego Gas & Electric (SDG&E), Southwest Gas, and several smaller natural gas utilities. The CPUC oversees utility purchases and transmission of natural gas to ensure reliable and affordable natural gas deliveries to existing and new consumers throughout the State.

SoCalGas provides service to approximately 5.9 million customers. Natural gas from out-of-state production basins is delivered into California via the interstate natural gas pipeline system. The gas transported to California via the interstate pipelines, as well as some of the California-produced gas, is delivered into SoCalGas intrastate natural gas transmission pipeline systems (commonly referred to as California’s “backbone” pipeline system). Natural gas on the utilities’ backbone pipeline system is then delivered to the local transmission and distribution pipeline systems, or to natural gas storage fields.
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C. Transportation Energy/Fuel Consumption
In 2021, the Department of Motor Vehicles (DMV) identified 36.2 million registered vehicles in California, and those vehicles consume an estimated 17.2 billion gallons of fuel each year. California’s on-road transportation system includes 396,616 land miles, more than 26.6 million passenger vehicles and light trucks, and almost 9.0 million medium- and heavy-duty vehicles. While gasoline consumption has been declining since 2008, it is still by far the dominant fuel. California is the second-largest consumer of petroleum products, after Texas, and accounts for 10% of the nation's total consumption.

The state is the largest U.S. consumer of motor gasoline and jet fuel, and 85% of the petroleum consumed in California is used in the transportation sector. In 2019, about 37% of the natural gas delivered to consumers went to the state's industrial sector, and about 28% was delivered to the electric power sector. Natural gas fueled more than two-fifths of the state's utility-scale electricity generation in 2019. The residential sector, where two-thirds of California households use natural gas for home heating, accounted for 22% of natural gas deliveries. The commercial sector received 12% of the deliveries to end users and the transportation sector consumed the remaining 1%.

4.4.2 REGULATORY FRAMEWORK
A. Federal Regulations

1. Intermodal Surface Transportation Efficiency Act (ISTEA) The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) promoted the development of inter‐modal transportation systems to maximize mobility as well as address national and local interests in air quality and energy resources. ISTEA contained factors that Metropolitan Planning Organizations (MPOs) were to address in developing transportation plans and programs, including some energy‐ related factors. To meet the new ISTEA requirements, MPOs adopted explicit policies defining the social, economic, energy, and environmental values guiding transportation decisions.

2. The Transportation Equity Act for the 21st Century (TEA-21) The Transportation Equity Act for the 21st Century (TEA‐21) was signed into law in 1998 and builds upon the initiatives established in the ISTEA legislation, discussed above. TEA‐21 authorizes highway, highway safety, transit, and other efficient surface transportation programs. TEA‐21 continues the program structure established for highways and transit under ISTEA, such as flexibility in the use of funds, emphasis on measures to improve the environment, and focus on a strong planning process as the foundation of wise transportation decisions. TEA‐21 also provides for investment in research and its application to maximize the performance of the transportation system through, for example, deployment of Intelligent Transportation Systems, to help improve operations and management of transportation systems and vehicle safety.
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B. State Regulations

1. Integrated Energy Policy Report (Senate Bill 1389)
Senate Bill (SB) 1389 (Bowen, Chapter 568, Statutes of 2002) requires the CEC to prepare a biennial integrated energy policy report that assesses major energy trends and issues facing the state’s electricity, natural gas, and transportation fuel sectors and provides policy recommendations to conserve resources; protect the environment; ensure reliable, secure, and diverse energy supplies; enhance the state’s economy; and protect public health and safety (Public Resources Code § 25301a]).

The Energy Commission prepares these assessments and associated policy recommendations every two years, with updates in alternate years, as part of the Integrated Energy Policy Report (IEPR).

The 2021 IEPR was adopted February 2022, and continues to work towards improving electricity, natural gas, and transportation fuel energy use in California. The 2021 IEPR provides the results of the CEC’s assessments of a variety of energy issues facing California. Many of these issues will require action if the state is to meet its climate, energy, air quality, and other environmental goals while maintaining reliability and controlling costs. Additionally, the 2021 IEPR provides the results of the CEC’s assessments of a variety of energy issues facing California. Many of these issues will require action if the state is to meet its climate, energy, air quality, and other environmental goals while maintaining reliability and controlling costs.

2. California Energy Plan (CEC)
The CEC is responsible for preparing the State Energy Plan, which identifies emerging trends related to energy supply, demand, conservation, public health and safety, and the maintenance of a healthy economy. The Plan calls for the state to assist in the transformation of the transportation system to improve air quality, reduce congestion, and increase the efficient use of fuel supplies with the least environmental and energy costs. To further this policy, the plan identifies several strategies, including assistance to public agencies and fleet operators and encouragement of urban designs that reduce vehicle miles traveled (VMT) and accommodate pedestrian and bicycle access.

3. California Code Title 24, Part 6, Energy Efficiency Standards California Code of Regulations (CCR) Title 24 Part 6: The California Energy Code was first adopted in 1978 in response to a legislative mandate to reduce California’s energy consumption. The standards are updated periodically to allow consideration and possible incorporation of new energy efficient technologies and methods. CCR, Title 24, Part 11: California Green Building Standards Code (CALGreen) is a comprehensive and uniform regulatory code for all residential, commercial, and school buildings that went in effect on August 1, 2009, and is administered by the California Building Standards Commission. CALGreen is updated on a regular basis, with the most recent approved update consisting of the 2022 California Green Building Code Standards that will be effective on January 1, 2023. The Project would be required to comply with the applicable standards in place at the time plan check submittals are made.
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4. AB 1493 Pavley Regulations and Fuel Efficiency Standards California AB 1493, enacted on July 22, 2002, required CARB to develop and adopt regulations that reduce GHGs emitted by passenger vehicles and light duty trucks. Under this legislation, CARB adopted regulations to reduce GHG emissions from non-commercial passenger vehicles (cars and lightduty trucks). Although aimed at reducing GHG emissions, specifically, a co-benefit of the Pavley standards is an improvement in fuel efficiency and consequently a reduction in fuel consumption.

5. California’s Renewable Portfolio Standard (RPS)
First established in 2002 under Senate Bill (SB) 1078, California’s Renewable Portfolio Standards (RPS) requires retail sellers of electric services to increase procurement from eligible renewable resources to 33% of total retail sales by 2020.

6. Clean Energy and Pollution Reduction Act of 2015 (SB 350) In October 2015, the legislature approved, and the Governor signed SB 350, which reaffirms California’s commitment to reducing its GHG emissions and addressing climate change. Key provisions include an increase in the renewable portfolio standard (RPS), higher energy efficiency requirements for buildings, initial strategies towards a regional electricity grid, and improved infrastructure for electric vehicle charging stations. Specifically, SB 350 requires the following to reduce statewide GHG emissions:
• Increase the amount of electricity procured from renewable energy sources from 33% to 50% by 2030, with interim targets of 40% by 2024, and 25% by 2027. • Double the energy efficiency in existing buildings by 2030. This target will be achieved through the California Public Utility Commission (CPUC), the CEC, and local publicly owned utilities.
• Reorganize the Independent System Operator (ISO) to develop more regional electrify transmission markets and to improve accessibility in these markets, which will facilitate the growth of renewable energy markets in western United States.

4.4.3 METHODOLOGY
The information in this Subsection contains an evaluation of the Project’s potential impacts on energy consumption. The analysis presented herein, details the energy demand associated with Project-related construction equipment, transportation energy demands, and facility energy demands and efficient use of energy as required by CEQA Guidelines Appendix F.

In May 2022, the South Coast AQMD, in conjunction with the California Air Pollution Control Officers Association (CAPCOA) and other California air districts, released the latest version of the CalEEMod Version 2022.1. The purpose of this model is to calculate construction-source and operational-source criteria pollutants and GHG emissions from direct and indirect sources as well as 439
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energy usage. Accordingly, the latest version of CalEEMod has been used to determine the proposed Project’s anticipated transportation and facility energy demands. Outputs from the annual model runs are provided in Appendices 4.1 through 4.2 of the Project’s Energy Analysis (Technical Appendix E to this EIR).

On May 2, 2022, the EPA approved the 2021 version of the EMissions FACtor model (EMFAC2021) web database for use in State Implementation Plan and transportation conformity analyses.

EMFAC2021 is a mathematical model that was developed to calculate emission rates, fuel consumption, VMT from motor vehicles that operate on highways, freeways, and local roads in California and is commonly used by the CARB to project changes in future emissions from on-road mobile sources. The Project’s Energy Analysis utilizes the different fuel types for each vehicle class from the annual EMFAC2021 emission inventory in order to derive the average vehicle fuel economy which is then used to determine the estimated annual fuel consumption associated with vehicle usage during Project construction and operational activities. For purposes of analysis, the 2023 and 2024 analysis years were utilized to determine the average vehicle fuel economy used throughout the duration of the Project. Outputs from the EMFAC2021 model run is provided in Appendix 4.3 of the Project’s Energy Analysis (Technical Appendix E to this EIR).

4.4.4 BASIS FOR DETERMINING SIGNIFICANCE
According to Section I of Appendix G to the CEQA Guidelines, the proposed Project would result in a significant impact to aesthetics if the Project or any Project-related component would (OPR, 2019):
• Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation; • Conflict with or obstruct a state or local plan for renewable energy or energy efficiency.

4.4.5 IMPACT ANALYSIS
Threshold a: Would the Project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
A. Construction

1. Electricity Consumption
As shown in Table 4.4-1, Construction Electricity Usage, the total electricity usage from on-site Project construction related activities is estimated to be approximately 121,593 kWh. 440
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Table 4.4-1 Construction Electricity Usage
Land Use Cost per kWh Project Construction
Electricity Usage (kWh)
Office $0.14 1,405
Warehouse $0.14 14,863
Maintenance Building $0.14 1,517
Parking $0.14 31,888
Other Asphalt Surfaces $0.14 71,920
Total Construction Electricity Usage 121,593
Source: (Urban Crossroads, 2023c, Table 4-3)

2. Transportation Energy Consumption
Project construction would represent a “single‐event” diesel fuel demand and would not require ongoing or permanent commitment of diesel fuel resources for this purpose. As shown in Table 4-5 of the Project’s Energy Analysis (Technical Appendix E to this EIR), Project construction activities would consume an estimated 51,463 gallons of diesel fuel. Fuel consumed by construction equipment would be the primary energy resource expended over the course of Project construction. For the purposes of this analysis, the calculations are based on all construction equipment being diesel-powered which is standard practice consistent with industry standards. Diesel fuel would be supplied by existing commercial fuel providers serving the City and region.

Based on CalEEMod methodology, it is assumed that 50% of all construction worker trips are from light-duty-auto vehicles (LDA), 25% are from light-duty-trucks (LDT1), and 25% are from light-dutytrucks (LDT2). With respect to estimated VMT for the Project, the construction worker trips (personal vehicles used by workers commuting to the Project from home) would generate an estimated 178,433 VMT during the 16 months of construction. As shown in Table 4‐7 of the Project’s Energy Analysis (Technical Appendix E to this EIR), the estimated annual fuel consumption resulting from Project construction worker trips is 6,338 gallons during full construction of the Project. It should be noted that construction worker trips would represent a “single‐event” gasoline fuel demand and would not require ongoing or permanent commitment of fuel resources for this purpose.

Construction vendor trips would generate an estimated 89,052 VMT along area roadways. It is assumed that 50% of all vendor trips are from Medium-Heavy-Duty-Trucks (MHDT), 50% of vendor trips are from Heavy-Heavy-Duty Trucks (HHDT), and 100% of hauling trips are from HHDTs. As shown in Table 4-8 of the Project’s Energy Analysis (Technical Appendix E to this EIR), it is estimated that 14,614 gallons of fuel will be consumed related to construction vendor trips during full construction of the Project. It should be noted that Project construction vendor trips would represent a “single‐event” diesel fuel demand and would not require on‐going or permanent commitment of diesel fuel resources for this purpose.
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3. Construction Energy Efficiency/Conservation Measures The equipment used for Project construction would conform to CARB regulations and California emissions standards. There are no unusual Project characteristics or construction processes that would require the use of equipment that would be more energy intensive than is used for comparable activities; or equipment that would not conform to current emissions standards (and related fuel efficiencies). Equipment employed in construction of the Project would therefore not result in inefficient wasteful, or unnecessary consumption of fuel.

The Project would utilize construction contractors who regularly comply with applicable CARB regulation regarding retrofitting, repowering, or replacement of diesel off-road construction equipment. Additionally, CARB has adopted the Airborne Toxic Control Measure to limit heavy-duty diesel motor vehicle idling in order to reduce public exposure to diesel particulate matter and other Toxic Air Contaminants. Compliance with anti-idling and emissions regulations would result in a more efficient use of construction-related energy and the minimization or elimination of wasteful or unnecessary consumption of energy. Idling restrictions and the use of newer engines and equipment would result in less fuel combustion and energy consumption.

Additional construction‐source energy efficiencies would occur due to required California regulations and best available control measures (BACM). For example, CCR Title 13, Motor Vehicles, section 2449(d)(3) Idling, limits idling times of construction vehicles to no more than five minutes, thereby precluding unnecessary and wasteful consumption of fuel due to unproductive idling of construction equipment. Section 2449(d)(3) requires that grading plans shall reference the requirement that a sign shall be posted on‐site stating that construction workers need to shut off engines at or before five minutes of idling.” In this manner, construction equipment operators are required to be informed that engines are to be turned off at or prior to five minutes of idling. Enforcement of idling limitations is realized through periodic site inspections conducted by City building officials, and/or in response to citizen complaints.

In general, construction processes promote conservation and efficient use of energy by reducing raw materials demands, with related reduction in energy demands associated with raw materials extraction, transportation, processing, and refinement. Use of materials in bulk reduces energy demands associated with preparation and transport of construction materials as well as the transport and disposal of construction waste and solid waste in general, with corollary reduced demands on area landfill capacities and energy consumed by waste transport and landfill operations. Therefore, Project construction energy consumption would not be considered inefficient, wasteful, or otherwise unnecessary.

B. Operation
Energy consumption in support of or related to Project operations would include transportation fuel demands (fuel consumed by passenger car and truck vehicles accessing the Project site), fuel demands from operational equipment, and facilities energy demands (energy consumed by building operations and site maintenance activities).
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1. Transportation Energy Demand
Energy that would be consumed by Project‐generated traffic is a function of total VMT and estimated vehicle fuel economies of vehicles accessing the Project site. The VMT per vehicle class can be determined by evaluated in the vehicle fleet mix and the total VMT. As with worker and vendors trips, operational vehicle fuel efficiencies were estimated using information generated within EMFAC2021 developed by CARB. As shown in Table 4.4-2, Project Generated Traffic Annual Fuel Consumption (All Vehicles), the Project would result in a 1,300,864 annual VMT and an estimated annual fuel consumption of 127,584 gallons of fuel. Trip generation and VMT generated by the Project are consistent with other industrial uses of similar scale and configuration, as reflected respectively in the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Ed., 2021); and CalEEMod.

As such, Project operations would not result in excessive and wasteful vehicle trips and VMT, nor excess and wasteful vehicle energy consumption compared to other industrial uses.

Table 4.4-2 Project Generated Traffic Annual Fuel Consumption (All Vehicles) Vehicle Type Average Vehicle Fuel
Economy (mpg) Annual VMT Estimated Annual Fuel Consumption (gallons) LDA 32.75 308,853 9,430
LDT1 25.26 25,964 1,028
LDT2 24.73 140,851 5,696
MDV 15.05 78,288 5,203
MCY 15.05 11,709 778
LHD1 15.94 86,753 5,442
LHD2 15.05 21,909 1,456
MHD 7.52 175,418 23,340
HHD 6.00 451,118 75,210
Total (All Vehicles) 1,300,864 127,584
Source: (Urban Crossroads, 2023c, Table 4-9)

2. On-site Cargo Handling Equipment Energy Demand
It is common for industrial buildings to require the operation of exterior cargo handling equipment in the building’s truck court areas. For this particular Project, on-site modeled operational equipment includes up to one (1) 175 horsepower (hp), natural gas-powered cargo handling equipment – port tractors operating at 4 hours a day for 365 days of the year. Project operational activity estimates and associated fuel consumption estimates are based on the annual EMFAC2021 offroad emissions for the 2024 operational year and was used to derive the total annual fuel consumption associated on-site equipment. As presented in Table 4.4-3, On-site Cargo Handling Equipment Fuel Consumption Estimates, Project on-site equipment would consume an estimated 4,642 gallons of natural gas. Onsite equipment use of fuel would not be atypical for the type of construction proposed because there are no aspects of the Project’s proposed operations that are unusual or energy-intensive, and Project 443
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on-site equipment would conform to the applicable CARB emissions standards, acting to promote equipment fuel efficiencies.

Table 4.4-3 On-site Cargo Handling Equipment Fuel Consumption Estimates Equipment Quantity Usage
Hours
Days of
Operation
EMFAC2021
Fuel
Consumption
(gal./yr)
EMFAC20
21 Activity
(hrs./yr)
Total Fuel
Consumption
Cargo Handling
Equipment 1 4 365 17,909 5,633 4,642
On-Site Cargo Handling Equipment Fuel Demand (Gallons Fuel) 4,642 Source: (Urban Crossroads, 2023c, Table 4-10)

3. Facility Energy Demand
Project building operations activities would result in the consumption of natural energy and electricity, which would be supplied to the Project by SoCalGas and SCE. As shown in Table 4.4-4, Project Annual Operational Energy Demand Summary, the Project would result in 1,220,180 kBTU/year or natural gas and 395,861 kWh/year of electricity. The Project proposes conventional industrial uses reflecting contemporary energy efficient/energy conserving designs and operational programs. The Project does not propose uses that are inherently energy intensive and the energy demands in total would be comparable to other industrial uses of similar scale and configuration.

Lastly, the Project will comply with the applicable Title 24 standards. Compliance itself with applicable Title 24 standards will ensure that the Project energy demands would not be inefficient, wasteful, or otherwise unnecessary.

Table 4.4-4 Project Annual Operational Energy Demand Summary Land Use Natural Gas Demand
(kBTU/year)
Electricity Demand
(kWh/year)
Office
Warehouse 1,220,180 296,267
Maintenance Building
Parking 0 99,594
Other Asphalt Surfaces 0 0
Total Project Energy Demand 1,220,180 395,861
Source: (Urban Crossroads, 2023c, Table 4-11)
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4. Operational Energy Efficiency/Conservation Measures
Energy efficiency/energy conservation attributes of the Project would be complemented by increasingly stringent state and federal regulatory actions addressing vehicle fuel economies and vehicle emissions standards; and enhanced building/utilities energy efficiencies mandated under California building codes (e.g., Title24, California Green Building Standards Code).

Project annual fuel consumption estimates presented represent likely potential maximums that would occur for the Project. Under subsequent future conditions, average fuel economies of vehicles accessing the Project site can be expected to improve as older, less fuel-efficient vehicles are removed from circulation, and in response to fuel economy and emissions standards imposed on newer vehicles entering the circulation system.

Enhanced fuel economies realized pursuant to federal and state regulatory actions, and related transition of vehicles to alternative energy sources (e.g., electricity, natural gas, biofuels, hydrogen cells) would likely decrease future gasoline fuel demands per VMT. Location of the Project proximate to regional and local roadway systems tends to reduce VMT within the region, acting to reduce regional vehicle energy demands. The Project would implement sidewalks, facilitating and encouraging pedestrian access. Facilitating pedestrian and bicycle access would reduce VMT and associated energy consumption. In compliance with the California Green Building Standards Code and City requirements, the Project would promote the use of bicycles as an alternative mean of transportation by providing short-term and/or long-term bicycle parking accommodations. As supported by the preceding discussions, Project transportation energy consumption would not be considered inefficient, wasteful, or otherwise unnecessary.

Threshold b: Would the Project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
The analysis below presents the Project’s consistency with federal and State plans for renewable energy and energy efficiency.

A. Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Transportation and access to the Project site is provided by the local and regional roadway systems.

The Project would not interfere with, nor otherwise obstruct intermodal transportation plans or projects that may be realized pursuant to the ISTEA because SCAG is not planning for intermodal facilities on or through the Project site.

B. The Transportation Equity Act for the 21st Century (TEA-21) The Project site is located along major transportation corridors with proximate access to the Interstate freeway system. The site selected for the Project facilitates access, acts to reduce vehicle miles traveled, takes advantage of existing infrastructure systems, and promotes land use compatibilities through collocation of similar uses. The Project supports the strong planning processes emphasized under TEA‐ 445
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21. The Project is therefore consistent with, and would not otherwise interfere with, nor obstruct implementation of TEA‐21.

C. Integrated Energy Policy Report
Electricity would be provided to the Project by SCE. SCE’s Clean Power and Electrification Pathway (CPEP) white paper builds on existing state programs and policies. As such, the Project is consistent with, and would not otherwise interfere with, nor obstruct implementation the goals presented in the 2021 IEPR. Additionally, the Project will comply with the applicable Title 24 standards which would ensure that the Project energy demands would not be inefficient, wasteful, or otherwise unnecessary.

As such, development of the proposed Project would support the goals presented in the 2021 IEPR.

D. State of California Energy Plan
The Project site is located along major transportation corridors with proximate access to the Interstate freeway system. The site selected for the Project facilitates access and takes advantage of existing infrastructure systems. The Project therefore supports urban design and planning processes identified under the State of California Energy Plan, is consistent with, and would not otherwise interfere with or obstruct, implementation of the State of California Energy Plan.

E. California Code Title 24, Part 6, Energy Efficiency Standards The 2022 version of Title 24 was adopted by the CEC and will become effective on January 1, 2023.

As the Project building construction is anticipated in 2024, it is presumed that the Project would be required to comply with the Title 24 standards in place at that time. Therefore, the Project is would not result in a significant impact on energy resources. The Project would be subjected to Title 24 standards.

F. California Code Title 24, Part 11, CalGreen
As previously stated, CCR, Title 24, Part 11: CALGreen is a comprehensive and uniform regulatory code for all residential, commercial, and school buildings that went in effect on January 1, 2009, and is administered by the California Building Standards Commission. CALGreen is updated on a regular basis, with the most recent approved update consisting of the 2022 California Green Building Code Standards that were published on July 1, 2022 and will become effective on January 1, 2023. The Project would be required to comply with the applicable standards in place at the time plan check submittals are made.

G. AB 1493 Pavley Regulations and Fuel Efficiency Standards AB 1493 is not applicable to the Project as it is a statewide measure establishing vehicle emissions standards. No feature of the Project would interfere with implementation of the requirements under AB 1493.
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H. California’s Renewable Portfolio Standard (RPS)
California’s RPS is not applicable to the Project as it is a statewide measure that establishes a renewable energy mix. No feature of the Project would interfere with implementation of the requirements under RPS.

I. Clean Energy and Pollution Reduction Act of 2015 (SB 350) The Project would use energy from SCE, which have committed to diversify their portfolio of energy sources by increasing energy from wind and solar sources. No feature of the Project would interfere with implementation of SB 350. Additionally, the Project would be designed and constructed to implement the energy efficiency measures for new industrial developments and would include several measures designed to reduce energy consumption.

As demonstrated above, the Project would not conflict with any federal or State plans for renewable energy and energy efficiency. Therefore, impacts would be less than significant.

4.4.6 CUMULATIVE IMPACT ANALYSIS
Cumulative impacts result if the Project, along with cumulative projects, taken together could result in wasteful, inefficient, or unnecessary use of energy. Future projects would be subject to CEQA and would require an energy analysis, consistency with existing plans and policies for renewable energy and energy efficiency, and implementation of control measures and mitigation if necessary to avoid wasteful, inefficient, or unnecessary consumption of energy resources. The areas considered for cumulative impacts to electricity and natural gas supplies are the service areas of the SCE and SoCalGas, respectively.

Buildout of the Project, related projects, and additional forecasted growth in SCE’s and SoCalGas’ service area would cumulatively increase the demand for electricity supplies and infrastructure capacity. As with the Project, during construction and operation, other future development projects would be expected to incorporate energy conservation features and comply with applicable regulations including CALGreen and state energy standards under Title 24, which would contribute in minimizing wasteful energy consumption. As such, the Project’s contribution to cumulative impacts related to wasteful, inefficient, and unnecessary use of electricity and natural gas would not be cumulatively considerable and, thus, would be less than significant.

As indicated under the analysis of Threshold b., the Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. As such, the Project has no potential to result in cumulatively-considerable impacts due to a conflict with or obstruction of such plans.

4.4.7 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: Less than Significant Impact. The amount of energy and fuel consumed by construction and operation of the Project would not be inefficient, wasteful, or unnecessary. Furthermore, the 447
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Project would not cause or result in the need for additional energy facilities or energy delivery systems.

Accordingly, the Project’s impacts associated with energy consumption would be less than significant.

Threshold b: Less than Significant Impact. The Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency and impacts would be less than significant.

4.4.8 MITIGATION
Impacts would be less than significant; therefore, mitigation is not required. 448
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4.5 GEOLOGY AND SOILS
The analysis in this Subsection is based primarily on information contained in technical report prepared by prepared by GeoTek, Inc titled, “Geotechnical and Infiltration Evaluation Proposed Warehouse Facility 534 Struck Avenue, Orange, Orange County, California” and dated March 31, 2020 (GeoTek, 2020a). The technical report is included as Technical Appendix F to this EIR. In addition, a paleontological resources assessment prepared by Duke Cultural Resources Management titled, “Cultural and Paleontological Resource Letter Report for the 534 Struck Avenue Project, City of Orange, Orange County, California (Cultural Resources Study)” and dated April 30, 2021, was used in this analysis (Duke, 2021). Additional sources of information used to support the analysis in this Subsection include the City of Orange General Plan EIR (Orange, 2010a) and the Orange Municipal Code (Orange, 2021). All of the references used in this Subsection are listed in EIR Section 7.0, References.

4.5.1 EXISTING CONDITIONS
A. Soils
The Project site is generally underlain by undocumented fill and older alluvial fan deposits.

Undocumented fill soils were encountered within ten of the test borings to depths ranging from about 3 to 5 feet below existing grade. The undocumented fill consisted of medium dense to dense silty sand, very dense/hard clayey sand to sandy clay, clayey silt and silty clay. Expansion index testing reveals that the near-surface soils exhibit a “medium” expansion potential.

Older alluvial fan deposits generally consist of medium dense to very dense sand and silty and clayey sands and stiff to very stiff sandy silts, clayey silts and sandy clays were encountered below the undocumented fill and/or the existing ground surface and extended to the maximum depths explored. (GeoTek, 2020a, p. 5)
B. Groundwater
Groundwater was not detected within the test borings to depths up to about 30 feet below grade. Based on a review of the Seismic Hazard Zone Report for the Orange Quadrangle, historic high groundwater at the Site is estimated to be greater than 40 feet below grade.

C. Seismic Hazards
The Project site is located in an area of southern California that is subject to strong ground motions due to seismic events (i.e., earthquakes). The geologic structure of southern California is dominated mainly by northwest-trending faults associated with the San Andreas system. The Project site is not situated within a State of California Alquist-Priolo Earthquake Fault Zone. The nearest known active faults are the San Joaquin Hills and Elsinore fault zones, located about 7.5 miles south and 8.5 miles northeast, respectively.
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Secondary hazards associated with earthquakes include surface rupture, ground failure, unstable soils and slopes. Each of these hazards is briefly described below.

1. Fault Rupture
Fault rupture can occur along pre-existing, known active fault traces; however, fault rupture also can splay from known active faults or rupture along unidentified fault traces. No known faults occur on the Project site and the potential for damage due to direct fault rupture on the Project site is not expected to occur.

2. Liquefaction
Liquefaction is a phenomenon in which loose, saturated, relatively cohesion-less soil deposits lose shear strength during strong ground motions, which causes the soil to behave as a viscous liquid.

Liquefaction is generally limited to the upper 50 feet of subsurface soils. Research and historical data indicate that loose granular soils of Holocene to late Pleistocene age below a near-surface groundwater table are most susceptible to liquefaction, while the stability of most clayey material is not adversely affected by vibratory motion (SCEC, 1999, pp. 5-6). The Project site is not located within an area mapped by the State of California for liquefaction potential. Based on the current map designation and the estimated depth to historic high groundwater (+40 feet) and the density of the materials encountered, the Site possesses a very low potential for liquefaction during a seismic event.

3. Unstable Soils and Slopes
The Project site is relatively flat and evidence of ancient landslides or slope instability was not observed. The potential for landslides is considered negligible.

D. Paleontological Resources
The Project is located in the northwestern portion of the Peninsular Ranges geomorphic province. The Peninsular Ranges province is distinguished by northwest trending mountain ranges and valleys following faults branching from the San Andreas Fault. Locally, the Project area is located in the Central Block of the Los Angeles Basin, an area characterized by thick alluvial deposits overlying sediments ranging from Cretaceous to Pleistocene in age. The old alluvial fan deposits (Qof) underlying the Project area are exclusively alluvial fan sediments sourced from the Santa Ana Mountains to the northeast in the Pleistocene Epoch (2.5 million years ago to 11,700 years ago). The El Modena and Peralta Hills to the north represent the Peralta Hills Anticline, a surface expression of the underlying, east-west trending, Peralta Hills Fault.

No fossil localities were identified within the Project site, but 3 fossil localities in similar deposits to those underlying the Project were identified nearby (within 3 miles). Fossil localities, include:
• LACM 4943 produced remains of horse (Equus) at a depth of 8 – 10 ft 2 miles north of the Project (McLeod 2020);
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• LACM 1652 produced remains of sheep (Ovis) at an unknown depth 3 miles north of the Project (McLeod 2020);
• Gardenview, Phase I produced remains of rodents, mammals, and invertebrates at an unknown depth 3 miles west of the Project (SDNHM).

The presence of multiple nearby fossil localities in deposits similar to those underlying the Project indicates a high sensitivity for paleontological resources within the area.

4.5.2 REGULATORY FRAMEWORK
The following is a brief description of the federal, state, and local environmental laws and related regulations governing issues related to geology, soils, and paleontological resources.

A. Federal Regulations

1. Clean Water Act
The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was substantially reorganized and expanded in 1972. "Clean Water Act" became the Act's common name with amendments in 1972. Under the CWA, the Environmental Protection Agency (EPA) has implemented pollution control programs such as setting wastewater standards for industry, and also has set water quality standards for all contaminants in surface waters. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. Point sources are discrete conveyances such as pipes or man- made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters. (EPA, 2020a)

2. Paleontological Resources Preservation Act
The Paleontological Resources Preservation Act (PRPA) was signed into law on March 30, 2009 (Public Law 111-11, Title VI, Subtitle D; 16 U.S.C. §§ 470aaa - 470aaa-11). PRPA directs the Department of Agriculture (U.S. Forest Service) and the Department of the Interior (National Park Service, Bureau of Land Management, Bureau of Reclamation, and Fish and Wildlife Service) to implement comprehensive paleontological resource management programs. Section 6310 of PRPA specifically states, "As soon as practical after the date of enactment of this Act, the Secretary shall issue such regulations as are appropriate to carry out this subtitle, providing opportunities for public notice and comment." (NPS, n.d.)
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B. State Regulations

1. Alquist-Priolo Earthquake Fault Zoning Act (A-P Act) The Alquist-Priolo Earthquake Fault Zoning Act (A-P Act) was passed in 1972 to mitigate the hazard of surface faulting to structures for human occupancy. The A-P Act’s main purpose is to prevent the construction of buildings used for human occupancy on the surface trace of active faults. The A-P Act only addresses the hazard of surface fault rupture and is not directed toward other earthquake hazards. (CA Legislative Info, n.d.)
The A-P Act requires the State Geologist to establish regulatory zones (known as Earthquake Fault Zones) around the surface traces of active faults and to issue appropriate maps. ["Earthquake Fault Zones" were called "Special Studies Zones" prior to January 1, 1994.] The maps are distributed to all affected cities, counties, and state agencies for their use in planning and controlling new or renewed construction. Local agencies must regulate most development projects within the zones. Projects include all land divisions and most structures for human occupancy. Single family wood-frame and steel-frame dwellings up to two stories not part of a development of four units or more are exempt.

However, local agencies can be more restrictive than state law requires. (CA Legislative Info, n.d.) Before a project can be permitted, cities and counties must require a geologic investigation to demonstrate that proposed buildings will not be constructed across active faults. An evaluation and written report of a specific site must be prepared by a licensed geologist. If an active fault is found, a structure for human occupancy cannot be placed over the trace of the fault and must be set back from the fault (generally 50 feet). (CA Legislative Info, n.d.)

2. Seismic Hazards Mapping Act
The Seismic Hazards Mapping Act (SHMA) of 1990 (Public Resources Code, Chapter 7.8, § 2690- 2699.6) directs the Department of Conservation, California Geological Survey to identify and map areas prone to liquefaction, earthquake-induced landslides, and amplified ground shaking. The purpose of the SHMA is to minimize loss of life and property through the identification, evaluation, and mitigation of seismic hazards. (CDC, n.d.)
Staff geologists in the Seismic Hazards Program gather existing geological, geophysical, and geotechnical data from numerous sources to produce the Seismic Hazard Zone Maps. They integrate and interpret these data regionally in order to evaluate the severity of the seismic hazards and designate as Zones of Required Investigation (ZORI) those areas prone to liquefaction and earthquake–induced landslides. Cities and counties are then required to use the Seismic Hazard Zone Maps in their land use planning and building permit processes. (CDC, n.d.)
The SHMA requires site-specific geotechnical investigations be conducted within the ZORI to identify and evaluate seismic hazards and formulate mitigation measures prior to permitting most developments designed for human occupancy. (CDC, n.d.)
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3. Natural Hazards Disclosure Act
The Natural Hazards Disclosure Act, effective June 1, 1998 (as amended June 9, 1998), requires that sellers of real property and their agents provide prospective buyers with a "Natural Hazard Disclosure Statement" when the property being sold lies within one or more state-mapped hazard areas, including a Seismic Hazard Zone. (CA Legislative Info, n.d.)
The law requires the State Geologist to establish regulatory zones (Zones of Required Investigation) and to issue appropriate maps (Seismic Hazard Zone maps). These maps are distributed to all affected cities, counties, and state agencies for their use in planning and controlling construction and development. Single-family frame dwellings up to two stories not part of a development of four or more units are exempt from the state requirements. However, local agencies can be more restrictive than state law requires. (CA Legislative Info, n.d.)
Before a development permit can be issued or a subdivision approved, cities and counties must require a site-specific investigation to determine whether a significant hazard exists at the site and, if so, recommend measures to reduce the risk to an acceptable level. The investigation must be performed by state-licensed engineering geologists and/or civil engineers. (CA Legislative Info, n.d.)

4. Essentials Services Building Seismic Safety Act
In 1986, the California Legislature determined that buildings providing essential services should be capable of providing those services to the public after a disaster. Their intent in this regard was defined in legislation known as the Essential Services Buildings Seismic Safety Act of 1986 and includes requirements that such buildings shall be “…designed and constructed to minimize fire hazards and to resist…the forces generated by earthquakes, gravity, and winds.” This enabling legislation can be found in the California Health and Safety Code, Chapter 2, § 16000 through 16022. In addition, the California Building Code defines how the intent of the act is to be implemented in Title 24, Part 1 of the California Building Standards Administrative Code, Chapter 4, Articles 1 through 3. (CAB, n.d.)

5. California Building Standards Code (Title 24)
California Code of Regulations (CCR) Title 24 is reserved for state regulations that govern the design and construction of buildings, associated facilities, and equipment. These regulations are also known as building standards (reference California Health and Safety Code § 18909). Health and Safety Code (state law) § 18902 gives CCR Title 24 the name California Building Standards Code (CBSC). (CBSC, 2019, p. 1)
The CBSC in CCR Title 24 is published by the California Building Standards Commission and it applies to all building occupancies (see Health and Safety Code §§ 18908 and 18938) throughout the State of California. Cities and counties are required by state law to enforce CCR Title 24 (reference Health and Safety Code §§ 17958, 17960, 18938(b), and 18948). Cities and counties may adopt ordinances making more restrictive requirements than provided by CCR Title 24, because of local climatic, geological, or topographical conditions. Such adoptions and a finding of need statement must 453
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be filed with the California Building Standards Commission (Reference Health and Safety Code §§ 17958.7 and 18941.5). (CBSC, 2019, p. 1)

4.5.3 BASIS FOR DETERMINING SIGNIFICANCE
Section VI of Appendix G to the CEQA Guidelines addresses typical adverse effects due to geological conditions, and includes the following threshold questions to evaluate the Project’s impacts resulting from geologic or soil conditions (OPR, 2019):
• Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
a. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
b. Strong seismic ground shaking
c. Seismic-related ground failure, including liquefaction d. Landslides
• Result in substantial soil erosion or the loss of topsoil; • Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse;
• Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property; • Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water; • Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature;
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4.5.4 IMPACT ANALYSIS
Threshold a: Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42; strong seismic ground shaking; seismic-related ground failure, including liquefaction; landslides?
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42?
Ground rupture is the visible offset of the ground surface when an earthquake rupture along a fault affects the Earth’s surface. Southern California, including the City of Orange, is subject to the effects of seismic activity due to the active faults that traverse the area. Active faults are defined as those that have experienced surface displacement within Holocene time (approximately the last 11,000 years) and/or are in a State-designated Alquist-Priolo Earthquake Fault Zone. According to the Geotechnical Investigation, the Project site is not within a State of California Alquist-Priolo Earthquake Fault Zone.

Additionally, the Project site is not within any other fault zone. The nearest active faults to the Project site are the San Joaquin Hills and Elsinore fault zones located approximately 7.5 miles to the south and

8.3 miles to the northeast, respectively (GeoTek, 2020a). Fault rupture would not occur on the Project site since no active faults cross the Project site. Therefore, no impacts would occur. ii. Strong seismic ground shaking?
As previously stated, the Project site is located within the highly seismic Southern California region within the influence of several fault systems. The San Joaquin Hills and Elsinore fault zones located approximately 7.5 miles to the south and 8.3 miles to the northeast, respectively, of the Project site (GeoTek, 2020a). As a result, the Project would likely experience strong seismic ground shaking during its design life.

The Project’s proposed building would be constructed in accordance with the 2019 California Building Code (CBC) and OMC Section 15.04.010, California Building Code Adopted by Reference, structures built for human occupancy must be designed to meet or exceed the CBC standards for earthquake resistance. The CBC includes earthquake safety standards based on a variety of factors including occupancy type, types of soils and rocks on-site, and strength of probable ground motion at the project site. In accordance with CBC requirements, a Geotechnical Investigation was prepared to determine site-specific geologic conditions and appropriate design parameters. The Project would demonstrate compliance with applicable seismic-related design requirements and the City of Orange Building 455
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Division would ensure incorporation of the Geotechnical Investigation’s recommended design criteria as a standard condition of approval. Following compliance with the CBC, impacts concerning seismic ground shaking would be less than significant.
iii. Seismic-related ground failure, including liquefaction? Seismic-related ground failure includes, but is not limited to, liquefaction. Liquefaction is a seismic phenomenon in which loose, saturated, granular soils behave similarly to fluids when subject to highintensity seismic events. Liquefaction occurs when three general conditions coexist: 1) shallow groundwater, 2) low-density non-cohesive (granular) soils and 3) high-intensity ground motion.

According to the Geotechnical Investigation and the DOC Earthquake Zones of Required Investigation Map, the Project site is not within a Liquefaction Zone (DOC, 2016a; GeoTek, 2020a). The Project does not have the potential to expose people or structures to seismic-related liquefaction. Therefore, no impacts would occur.
iv. Landslides?
Seismic events can cause the soils within a slope to become unstable and slip causing a landslide.

According to the DOC Earthquake Zones of Required Investigation Map, the Project site is not within a Landslide Zone (DOC, 2016a). The Project does not have the potential to expose people or structures to seismic-related landslides. Therefore, no impacts would occur.

Threshold b: Would the Project result in substantial soil erosion or the loss of topsoil? Erosion is the movement of rock and soil from place to place and is a natural process. Common agents of erosion in the region include wind and flowing water. Significant erosion typically occurs on steep slopes where stormwater and high winds can carry topsoil down hillsides. Erosion can be increased greatly by earthmoving activities if erosion-control measures are not employed.

The Project site is fully developed and contains ornamental landscaping within the site’s northern portion. Because the Project site is fully developed and contains very little exposed soils, erosion is occurring on the site is minimal.

Grading and earthwork activities associated with Project construction would expose soils to potential short-term erosion by wind and water. Project construction would be required to comply with the water quality management measures identified in OMC Section 7.01.050, Controls for Water Quality Management. As discussed under Hydrology and Water Quality Threshold a, the Project would be required to comply with the National Pollutant Discharge Elimination System (NPDES) program to control direct storm water discharges, which involves the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) for construction-related activities, including grading. As stated previously, the Project would also be required to demonstrate compliance with South Coast AQMD 403, which would reduce the potential for wind erosion during construction through the implementation of dust control measures. Following compliance with the established regulatory 456
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framework (i.e., OMC Chapter 7.01.050 and South Coast AQMD Rule 403), impacts during construction would be less than significant.

Long-term operational impacts related to soil erosion or loss of topsoil would be required to comply with the requirements outlined in the Project’s Water Quality Management Plan (WQMP) in compliance with OMC Chapter 7.01, Water Quality and Stormwater Discharges. The Project’s WQMP is included as Technical Appendix I1 of this EIR. The WQMP includes structural and nonstructural best management practices (BMPs) to ensure water quality standards are upheld. Structural BMPs included in the Project’s WQMP include providing storm drain signage; trash storage areas; efficient irrigation systems and landscape design; and loading docks. Non-structural BMPs, such as educational materials for property owners, tenants, and occupants; activity restriction; common area landscape management; BMP maintenance; spill contingency plant; uniform fire code implementation; common area litter control; employee training; housekeeping of loading docks, common area catch basin inspection; and street sweeping private streets and parking lots.

The BMPs identified in the Project’s WQMP would reduce the Project’s potential operational impacts concerning soil erosion or loss of topsoil. The Project site is within a highly urbanized area with minimal elevation changes. The Project would redevelop the Project site with a single approximately 57,900 sf truck terminal, that includes 52,900 sf of warehouse space and 5,000 sf of office space, and a 5,400-sf maintenance building and would contain a similar amount of impervious surfaces as compared to the site’s existing development. Any exposed soil would be minimal and associated with landscaping areas. Project operations would not result in substantial soil erosion or loss of topsoil during operation. Impacts would be less than significant.

Threshold c: Would the Project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Landslide
Refer to Geology/Soils Threshold a.iv. The Project does not have the potential to be located on a geologic unit or soil that would result in on- or off-site landslides. No impacts would occur.

Lateral Spreading
Lateral spreading is a phenomenon in which large blocks of intact, non-liquefied soil move downslope on a liquefied soil layer. Lateral spreading is a regional event. For lateral spreading to occur, the liquefiable soil zone must be laterally continuous, unconstrained laterally, and free to move along the sloping ground. The Project site’s potential for lateral spreading is considered low based on the site’s relatively flat topography, distance from slopes, and no potential for liquefaction. The Project does not have the potential to be located on a geologic unit or soil that would result in lateral spreading. No impacts would occur.
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Subsidence/Shrinkage
Subsidence and shrinkage are primarily dependent upon the degree of compaction achieved during construction. According to the Project’s Geotechnical Investigation, undocumented fill soils were encountered at depths ranging from 3 to 5 feet bgs that consist of medium dense to dense silty sand, very dense/hard clayey sand to sandy clay, clayey silt, and silty clay (GeoTek, 2020a). Older alluvial fan deposits located beneath the undocumented fill and/or the existing ground surface consists of medium dense to very dense sand and silty and clayey sands and stiff to very stuff sandy silts and sandy clays. A shrinkage factor of approximately 5 to 15 percent may be considered for undocumented fill materials requiring removal and recompaction. A shrinkage factor of approximately 0 to 10 percent may be considered for excavation and recompaction of native soils (GeoTek, 2020a). The Project would implement the recommendations identified within the Geotechnical Investigation in accordance with CBC requirements and to preclude impacts related to subsidence and shrinkage. Additionally, the City of Orange Building Division would ensure incorporation of the Geotechnical Investigation’s recommended actions as a standard condition of approval to the Project’s building permit. Impacts would be less than significant.

Liquefaction
Refer to Geology/Soils Threshold a.iii. Therefore, the Project does not have the potential to be located on a geologic unit or soil that would result in liquefaction. No impacts would occur.

Threshold d: Would the Project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
Expansive soils are defined as soils possessing clay particles that react to moisture changes by shrinking or swelling. According to the Project’s Geotechnical Investigation, the Project’s on-site near-surface soils have a very low to medium expansion potential. Recommendations for foundation construction are outlined in Section 5.3, Design Recommendations, of the Geotechnical Investigation.

Design parameters are detailed in Section 5.3.1 of the Geotechnical Investigation (Technical Appendix F of this EIR), the City of Orange Building Division would ensure incorporation of the Geotechnical Investigation’s recommended actions as a standard condition of approval to the Project’s building permit. Following the implementation of the Geotechnical Investigation recommendations, impacts would be less than significant.

Threshold e: Would the Project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
The Project would not involve the use of septic tanks or alternative waste water disposal systems. The Project would connect to the City’s existing wastewater service, which currently provides service to the site and surrounding area. No impacts would occur.
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Threshold f: Would the Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
According to the City’s General Plan EIR, Orange County has designated most of the area generally east of SR-55 as an area of paleontological resource sensitivity. However, the Project site is located

1.5 miles west of SR-55 and is developed with an existing manufacturing facility with associated parking and landscaping. There is a low potential for unique geologic features to be present on-site per the General Plan EIR. Additionally, according to the Cultural Resources Study (Technical Appendix D), the Project site does not contain any fossil localities; however, two fossil localities located within 3 miles of the Project site were identified in similar deposits to those underlying the Project site (Duke, 2021). The presence of multiple nearby fossil localities in deposits similar to those underlying the Project site indicates a high sensitivity for paleontological resources within the Project site (Duke, 2021). Although the Project site was previously disturbed, the Project’s construction activities have the potential to increase the depth of excavation and uncover unidentified paleontological resources.

Therefore, in the unlikely event that Project excavation uncovers unknown paleontological resources, construction activities could result in a potentially significant impact.

4.5.5 CUMULATIVE IMPACT ANALYSIS
With the exception of erosion hazards, potential hazardous effects related to geologic and soil conditions addressed under Thresholds “a,” “c,” “d,” and “e” are unique to the Project site, and inherently restricted to the specific property proposed for development. That is, issues including fault rupture, seismic ground shaking, liquefaction, landslides, and expansive soils would involve effects to (and not from) a proposed development project, are specific to conditions on the subject property, and are not influenced or exacerbated by the geologic and/or soils hazards that may occur on other, off-site properties. Further, as noted in the foregoing analysis, all potential Project-related direct and indirect impacts related to potential hazardous effects related to geologic and soil conditions would be precluded through mandatory conformance with the CBC, Orange Municipal Code, other standard regulatory requirements, and the site-specific geotechnical recommendations contained within the Project’s geotechnical report, which will be incorporated into the Project’s design via conditions of approval. Because of the site-specific nature of these potential hazards and the measures to address them, there would be no direct or indirect connection to similar potential issues or cumulative effects to or from other properties.

As discussed under Threshold “b,” regulatory requirements mandate that the Project incorporate design measures during construction and long-term operation to ensure that significant erosion impacts do not occur. Other development projects in the vicinity of the Project site would be required to comply with the same regulatory requirements as the Project to preclude substantial adverse water and wind erosion impacts. Because the Project and other projects within the cumulative study area would be subject to similar mandatory regulatory requirements to control erosion hazards during construction and longterm operation, cumulative impacts associated with wind and water erosion hazards would be less than significant.
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The Project’s potential to result in cumulative impacts to paleontological resources Threshold “f” is similar to that of other projects located in the region that are underlain by older alluvial soils.

Cumulative impacts to paleontological resources consider development of the proposed Project in conjunction with other development projects and planned development in the immediate vicinity of the Project site that have a potential for uncovering paleontological resources. Generally, impacts relating to paleontological resources are site-specific and addressed on a site-by-site basis. Therefore, while there is a potential for an impact on a specific site, the impact would not ordinarily extend beyond the site or immediately surrounding area. There could be circumstances in which a paleontological resource extends over more than one property, however, there are no adjacent related projects that could potentially result in affects to unknown paleontological resources that may lie in the subsurface of the Project site; therefore, there would be no cumulative impacts would occur

4.5.6 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: Less-than-Significant Impact. Implementation of the Project would not expose people or structures to substantial direct or indirect adverse effects related to liquefaction or fault rupture. The Project site is subject to seismic ground shaking associated with earthquakes; however, mandatory compliance with local and State regulatory requirements and building codes would ensure that the Project minimizes potential hazards related to seismic ground shaking to less-than-significant levels.

Threshold b: Less-than-Significant Impact. Implementation of the Project would not result in substantial soil erosion or loss of topsoil. The Project Applicant would be required to obtain a NPDES permit for construction activities and adhere to a SWPPP, and prepare an erosion control plan to minimize water and wind erosion. Following completion of development, the Project’s owner or operator would be required by law to implement a SWQMP during operation, which would preclude substantial erosion impacts in the long-term.

Threshold c: Less-than-Significant Impact. There is no potential for the Project’s construction or operation to cause, or be impacted by, on- or off-site landslides or lateral spreading. Potential hazards associated with unstable soils would be precluded through mandatory adherence to the recommendations contained in the site-specific geotechnical report during Project construction.

Threshold d: Less-than-Significant Impact. The Project site contains soils with low susceptibility to expansion; therefore, the Project would not create substantial direct or indirect risks to life or property associated with the presence of expansive soils. Less-than-significant impacts would occur.

Threshold e: No Impact. No septic tanks or alternative wastewater disposal systems are proposed to be installed on the Project site. Accordingly, no impact would occur associated with soil compatibility for wastewater disposal systems.

Threshold f: Significant Direct Impact. The Project would not impact any known paleontological resource or unique geological feature. However, the Project site is underlain by older alluvium soils with a high sensitivity for paleontological resources. Accordingly, construction activities on the 460
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Project site have the potential to unearth and adversely impact paleontological resource that may be buried beneath the ground surface.

4.5.7 MITIGATION
MM 4.5-1 Prior to the issuance of a grading permit, the Applicant shall provide written evidence to the Community Development Department that the Applicant has retained a qualified paleontologist to respond on an as-needed basis to address unanticipated paleontological discoveries.

In the event that paleontological resources are encountered during ground-disturbing activities, all construction activities within 100 foot vicinity of the find shall halt until the qualified paleontologist identifies the paleontological significance of the find. If determined to be significant, the fossil shall be collected and prepared to the point of identification, identified to the lowest taxonomic level possible, cataloged, and curated into the permanent collections of a museum repository. At the conclusion of curation, a report of findings shall be prepared to document the results of the monitoring program. Construction shall not resume within the vicinity until the site paleontologist states in writing that the proposed construction activities would not significantly damage paleontological resources.

4.5.8 SIGNIFICANCE OF IMPACTS AFTER MITIGATION
Threshold “f:” Less than Significant Impact with Mitigation Incorporated. Mitigation Measure MM

4.5-1 would ensure the proper identification and subsequent treatment of any paleontological resources that may be encountered during ground-disturbing activities associated with implementation of the proposed Project. Therefore, with implementation of Mitigation Measure MM 4.5-1, the Project’s potential impact to paleontological resources would be reduced to less-than-significant. 461
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4.6 GREENHOUSE GAS EMISSIONS
The analysis in this Subsection is based on a technical report prepared by Urban Crossroads titled, Greenhouse Gas Analysis, dated January 12, 2023, and included Technical Appendix G to this EIR (Urban Crossroads, 2023d). The technical report and analysis in this Subsection assess the proposed Project’s potential to generate greenhouse gas (GHG) emissions that could contribute to global climate change and its associated environmental effects.

4.6.1 EXISTING CONDITIONS
A. Introduction to Global Climate Change
Global Climate Change (GCC) is change in average meteorological conditions on the earth with respect to temperature, precipitation, and storms. The majority of scientists believe that the climate shift taking place since the Industrial Revolution is occurring at a quicker rate and magnitude than in the past.

Scientific evidence suggests that GCC is the result of increased concentrations of GHG in the earth’s atmosphere, including carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and fluorinated gases. The majority of scientists believe that this increased rate of climate change is the result of GHGs resulting from human activity and industrialization over the past 200 years.

An individual project like the Project cannot generate enough GHG emissions to affect a discernible change in global climate. However, the Project may participate in the potential for GCC by its incremental contribution of GHGs combined with the cumulative increase of all other sources of GHGs, which when taken together constitute potential influences on GCC. Because these changes may have serious environmental consequences, the Project’s Greenhouse Gas Analysis will evaluate the potential for the Project to have a cumulatively significant effect upon the environment as a result of its potential contribution to the greenhouse effect.

GCC refers to the change in average meteorological conditions on the earth with respect to temperature, wind patterns, precipitation, and storms. Global temperatures are regulated by naturally occurring atmospheric gases such as water vapor, CO2, N2O, CH4, hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). These particular gases are important due to their residence time (duration they stay) in the atmosphere, which ranges from 10 years to more than 100 years. These gases allow solar radiation into the earth’s atmosphere, but prevent radioactive heat from escaping, thus warming the earth’s atmosphere. GCC can occur naturally as it has in the past with the previous ice ages.

Gases that trap heat in the atmosphere are often referred to as GHGs. GHGs are released into the atmosphere by both natural and anthropogenic activity. The cumulative accumulation of these gases in the earth’s atmosphere is considered to be the cause for the observed increase in the earth’s temperature.
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B. Greenhouse Gases
GHGs trap heat in the atmosphere, creating a GHG effect that results in global warming and climate change. For the purposes of this analysis, emissions of CO2, CH4, and N2O were evaluated because these gases are the primary contributors to GCC from development projects. Although there are other substances such as fluorinated gases that also contribute to GCC, these fluorinated gases were not evaluated as their sources are not well-defined and do not contain accepted emissions factors or methodology to accurately calculate these gases.

GHGs have varying Global Warming Potential (GWP) values. GWP of a GHG indicates the amount of warming a gas causes over a given period of time and represents the potential of a gas to trap heat in the atmosphere. CO2 is utilized as the reference gas for GWP, and thus has a GWP of 1. The atmospheric lifetime and GWP of selected GHGs are summarized in Table 4.6-1, GWP and Atmospheric Lifetime of Select GHGs. As shown in the table below, the Intergovernmental Panel on Climate Change (IPCC)’s scientific and socio-economic assessment on climate change, range from 1 for CO2 to 23,900 for Sulfur Hexafluoride (SF6) and the GWP for the IPCC’s 5th Assessment Report range from 1 for CO2 to 23,500 for SF6.

Table 4.6-1 GWP and Atmospheric Lifetime of Select GHGs Gas Atmospheric Lifetime
(years)
Global Warming Potential (100-year time horizon)
Second Assessment
Report 5th Assessment Report
CO2 See* 1 1
CH4 12.4 21 28
N2O 121 310 265
HFC-23** 222 11,700 12,400
HFC-134a 13.4 1,300 1,300
HFC-152a 1.5 140 138
SF6 3,200 23,900 23,500
*As per Appendix 8.A of IPCC’s 5th Assessment Report, no single lifetime can be given. ** HFC = Hydrofluorocarbon
Source: (Urban Crossroads, 2023d, Table 2-2)
Provided below is a description of the common gases that contribute to GCC. For more information about these gases and their associated human health effects, refer to Section 2.3 of Technical Appendix G to this EIR and the reference sources cited therein.
• Carbon Dioxide (CO2) is an odorless and colorless GHG that is emitted from natural and artificial sources. Natural sources include: the decomposition of dead organic matter; respiration of bacteria, plants, animals, and fungus; evaporation from oceans; and volcanic outgassing. Anthropogenic sources include: the burning of coal, oil, natural gas, and wood.

Since the industrial revolution began in the mid-1700s, the sort of human activity that increases GHG emissions has increased dramatically. As an example, prior to the industrial revolution, CO2 concentrations were fairly stable at 280 parts per million (ppm). Today, they are around 463
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