Orange City Council
August 22, 2023

370 ppm, an increase of more than 30 percent. Exposure to CO2 in high concentrations can cause human health effects, but outdoor levels are not high enough to adversely affect human health.
• Methane (CH4) is an extremely effective absorber of radiation, though its atmospheric concentration is less than CO2 and its lifetime in the atmosphere is brief (10-12 years) compared to other GHGs. Methane has both natural and anthropogenic sources. It is released as part of the biological processes in low oxygen environments, such as in swamplands or in rice production (at the roots of the plants). Over the last 50 years, human activities such as growing rice, raising cattle, using natural gas, and mining coal have added to the atmospheric concentration of methane. Other artificial sources include fossil-fuel combustion and biomass burning. No human health effects are known to occur from atmospheric exposure to methane; however, methane is an asphyxiant that may displace oxygen in enclosed spaces. • Nitrous Oxide (N2O) concentrations began to rise in the atmosphere at the beginning of the industrial revolution. In 1998, the global concentration was 314 parts per billion (ppb). Nitrous oxide is produced by microbial processes in soil and water, including those reactions which occur in fertilizer containing nitrogen. In addition to agricultural sources, some industrial processes (fossil fuel-fired power plants, nylon production, nitric acid production, and vehicle emissions) also contribute to its atmospheric load. N2O is used as an aerosol spray propellant, (e.g., in whipped cream bottles), in potato chip bags to keep chips fresh, and in rocket engines and in race cars. N2O can be transported into the stratosphere, be deposited on the Earth’s surface, and be converted to other compounds by chemical reaction. N2O can cause dizziness, euphoria, and sometimes slight hallucinations. In small doses, it is considered harmless.

However, in some cases, heavy and extended use can cause brain damage. • Chlorofluorocarbons (CFCs) are gases formed synthetically by replacing all hydrogen atoms in CH4 or ethane (C2H6) with chlorine and/or fluorine atoms. CFCs are nontoxic, nonflammable, insoluble and chemically unreactive in the troposphere (the level of air at the Earth’s surface). CFCs were first synthesized in 1928 and have no natural source. CFCs were used for refrigerants, aerosol propellants and cleaning solvents. After discovery that they are able to destroy stratospheric ozone, a global effort to halt their production was undertaken and was extremely successful, so much so that levels of the major CFCs are now remaining steady or declining. However, due to their long atmospheric lifetime, some of the CFCs will remain in the atmosphere for over 100 years.
• Hydrofluorocarbons (HFCs) are synthetic chemicals that are used as a substitute for CFCs. Out of all GHGs, they are one of three groups with the highest global warming potential. The HFCs with the largest measured atmospheric abundances are (in order largest to smallest), HFC-23 (CHF3), HFC-134a (CF3CH2F), and HFC-152a (CH3CHF2). Prior to 1990, the only significant emissions were HFC-23 emissions. HFC-134a emissions are increasing due to its use as a 464
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refrigerant. No human health effects are known to result from exposure to HFCs, which are used for applications such as automobile air conditioners and refrigerants. • Perfluorocarbons (PFCs) are primarily produced for aluminum production and semiconductor manufacture. PFCs have stable molecular structures and do not break down through chemical processes in the lower atmosphere. Because of this, PFCs have very long lifetimes, between 10,000 and 50,000 years. Two common PFCs are tetrafluoromethane (CF4) and hexafluoroethane (C2F6). The U.S. Environmental Protection Agency (EPA) estimates that concentrations of CF4 in the atmosphere are over 70 ppt. No human health effects are known to result from exposure to PFCs.
• Sulfur Hexafluoride (SF6) is an inorganic, odorless, colorless, nontoxic, nonflammable gas. It also has the highest GWP of any gas evaluated (22,800). The EPA indicates that concentrations in the 1990s were about 4 ppt. In high concentrations in confined areas, the gas presents the hazard of suffocation because it displaces the oxygen needed for breathing. Sulfur hexafluoride is used for insulation in electric power transmission and distribution equipment, in the magnesium industry, in semiconductor manufacturing, and as a tracer gas for leak detection. • Nitrogen Trifluoride (NF3) is a colorless gas with a distinctly moldy odor. The World Resources Institute indicates that NF3 has a 100-year GWP of 17,200. NF3 is used in industrial processes and is produced in the manufacturing of semiconductors, Liquid Crystal Display panels, types of solar panels, and chemical lasers. Long-term or repeated exposure may affect the liver and kidneys and may cause fluorosis.

C. Greenhouse Gas Emissions Inventories

1. Global
Worldwide anthropogenic GHG emissions are tracked by the IPCC for industrialized nations (referred to as Annex I) and developing nations (referred to as Non-Annex I). Human GHG emissions data for Annex I nations are available through 2018. Based on the latest available data, the sum of these emissions totaled approximately 28,768,440 gigagram (Gg) CO2e, as shown in Table 4.6-2, Top GHGProducing Countries and the European Union. As noted in Table 4.6-2, the United States (U.S.), as a single country, was the number two producer of GHG emissions in 2018. 465
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Table 4.6-2 Top GHG-Producing Countries and the European Union Emitting Countries GHG Emissions (Gg CO2e)
China 12,300,200
United States 6,676,650
European Union (28-member countries) 4,232,274
Russian Federation 2,220,123
India 2,100,850
Japan 1,238,343
Total 28,768,440
Source: (Urban Crossroads, 2023d, Table 2-3)

2. State of California
California has significantly slowed the rate GHG emissions growth due to the implementation of energy efficiency programs as well as adoption of strict emission controls, but is still a contributor to the U.S. emissions inventory total. The California Air Resource Board (CARB) compiles GHG inventories for the State of California. Based upon the 2021 GHG inventory data (i.e., the latest year for which data are available) for the 2000-2019 GHG emissions period, California emitted an average 418.2 million metric tons of CO2e per year (MMTCO2e/yr) or 418,200 Gg CO2e (6.26% of the total United States GHG emissions).

D. Effects of Climate Change in California
Climate change will likely cause shifts in weather patterns, potentially resulting in changes in rainfall levels and volumes, resulting in flooding or droughts, increased wildfire risk, impair habitats for threatened and endangered species, and cause food shortages in some areas, among other climate change results. The potential health effects related directly to the emissions of CO2, CH4, and N2O as they relate to development projects such as the Project are still being debated in the scientific community. Their cumulative effects to GCC have the potential to cause adverse effects to human health. Increases in Earth’s ambient temperatures would result in more intense heat waves, causing more heat-related deaths. Scientists also purport those higher ambient temperatures could affect disease survival rates and result in more widespread disease. As shown in Exhibit 4.8-1, Summary of Projected Global Warming Impact, 2070-2099 (As Compared With 1961-1990), climate change impacts in California have the potential to include, but are not limited to, the following areas:
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Exhbit 4.3-1: Summary of Projected Global Warming Impact, 2070-2099 (As Compared With 1961-1990)
Source: (Urban Crossroads, 2023d, Exhibit 2-A)

1. Public Health
Higher temperatures may increase the frequency, duration, and intensity of conditions conducive to air pollution formation. For example, days with weather conducive to ozone formation could increase from 25 to 35% under the lower warming range to 75 to 85% under the medium warming range. In addition, if global background ozone levels increase as predicted in some scenarios, it may become impossible to meet local air quality standards. Air quality could be further compromised by increases in wildfires, which emit fine particulate matter that can travel long distances, depending on wind conditions. The Our Changing Climate: Assessing the Risks to California report indicates that large wildfires could become up to 55% more frequent if GHG emissions are not significantly reduced.

In addition, under the higher warming range scenario, there could be up to 100 more days per year with temperatures above 90°F in Los Angeles and 95°F in Sacramento by 2100. This is a significant increase over historical patterns and approximately twice the increase projected if temperatures remain within or below the lower warming range. Rising temperatures could increase the risk of death from dehydration, heat stroke/exhaustion, heart attack, stroke, and respiratory distress caused by extreme heat.
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2. Water Resources
A vast network of artificial reservoirs and aqueducts captures and transports water throughout the State from northern California rivers and the Colorado River. The current distribution system from northern California relies on Sierra Nevada snowpack to supply water during the dry spring and summer months.

Rising temperatures, potentially compounded by decreases in precipitation, could severely reduce spring snowpack, and result in a drier Colorado River, increasing the risk of summer water shortages.

If temperatures continue to increase, more precipitation could fall as rain instead of snow, and the snow that does fall could melt earlier, reducing the Sierra Nevada spring snowpack by as much as 70 to 90%.

Under the lower warming range scenario, snowpack losses could be only half as large as those possible if temperatures were to rise to the higher warming range. How much snowpack could be lost depends in part on future precipitation patterns, the projections for which remain uncertain. However, even under the wetter climate projections, the loss of snowpack could pose challenges to water managers and hamper hydropower generation. It could also adversely affect winter tourism. Under the lower warming range, the ski season at lower elevations could be reduced by as much as a month. If temperatures reach the higher warming range and precipitation declines, there might be many years with insufficient snow for skiing and snowboarding.

The State’s water supplies are also at risk from rising sea levels. An influx of saltwater could degrade California’s estuaries, wetlands, and groundwater aquifers. Saltwater intrusion caused by rising sea levels is a major threat to the quality and reliability of water within several areas including Orange County and the southern edge of the Sacramento/San Joaquin River Delta – a major fresh water supply.

3. Agriculture
Increased temperatures could cause widespread changes to the agriculture industry reducing the quantity and quality of agricultural products statewide. First, California farmers could possibly lose as much as 25% of the water supply needed. Although higher CO2 levels can stimulate plant production and increase plant water-use efficiency, California’s farmers could face greater water demand for crops and a less reliable water supply as temperatures rise. Crop growth and development could change, as could the intensity and frequency of pest and disease outbreaks. Rising temperatures could aggravate ozone pollution, which makes plants more susceptible to disease and pests and interferes with plant growth.

Plant growth tends to be slow at low temperatures, increasing with rising temperatures up to a threshold. However, faster growth can result in less-than-optimal development for many crops, so rising temperatures could worsen the quantity and quality of yield for a number of California’s agricultural products. Products likely to be most affected include wine grapes, fruits, and nuts.

In addition, continued GCC could shift the ranges of existing invasive plants and weeds and alter competition patterns with native plants. Range expansion could occur in many species while range contractions may be less likely in rapidly evolving species with significant populations already established. Should range contractions occur, new or different weed species could fill the emerging 468
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gaps. Continued GCC could alter the abundance and types of many pests, lengthen pests’ breeding season, and increase pathogen growth rates.

4. Forests and Landscapes
GCC has the potential to intensify the current threat to forests and landscapes by increasing the risk of wildfire and altering the distribution and character of natural vegetation. If temperatures rise into the medium warming range, the risk of large wildfires in California could increase by as much as 55%, which is almost twice the increase expected if temperatures stay in the lower warming range. However, since wildfire risk is determined by a combination of factors, including precipitation, winds, temperature, and landscape and vegetation conditions, future risks would not be uniform throughout the state. In contrast, wildfires in northern California could increase by up to 90% due to decreased precipitation.

Moreover, continued GCC has the potential to alter natural ecosystems and biological diversity within the state. For example, alpine and subalpine ecosystems could decline by as much as 60 to 80% by the end of the century as a result of increasing temperatures. The productivity of the state’s forests has the potential to decrease as a result of GCC.

5. Rising Sea Levels
Rising sea levels, more intense coastal storms, and warmer water temperatures could increasingly threaten the state’s coastal regions. Under the higher warming range scenario, sea level is anticipated to rise 22 to 35 inches by 2100. Elevations of this magnitude would inundate low-lying coastal areas with saltwater, accelerate coastal erosion, threaten vital levees and inland water systems, and disrupt wetlands and natural habitats. Under the lower warming range scenario, sea level could rise 12-14 inches.

4.6.2 REGULATORY FRAMEWORK
The following is a brief description of the federal, state, and local environmental laws and related regulations related to GHG emissions.

A. International Regulations

1. Intergovernmental Panel on Climate Change
In 1988, the United Nations (U.N.) and the World Meteorological Organization established the Intergovernmental Panel on Climate Change (IPCC) to assess the scientific, technical and socioeconomic information relevant to understanding the scientific basis of risk of human-induced climate change, its potential impacts, and options for adaptation and mitigation.

2. United Nation’s Framework Convention on Climate Change (Convention) On March 21, 1994, the U.S. joined a number of countries around the world in signing the Convention.

Under the Convention, governments gather and share information on GHG emissions, national 469
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policies, and best practices; launch national strategies for addressing GHG emissions and adapting to expected impacts, including the provision of financial and technological support to developing countries; and cooperate in preparing for adaptation to the impacts of climate change.

3. International Climate Change Treaties
The Kyoto Protocol is an international agreement linked to the Convention. The major feature of the Kyoto Protocol is that it sets binding targets for 37 industrialized countries and the European community for reducing GHG emissions at an average of 5% against 1990 levels over the five-year period 2008–2012. The Convention (as discussed above) encouraged industrialized countries to stabilize emissions; however, the Protocol commits them to do so. Developed countries have contributed more emissions over the last 150 years; therefore, the Protocol places a heavier burden on developed nations under the principle of “common but differentiated responsibilities.” In 2001, President George W. Bush indicated that he would not submit the treaty to the U.S. Senate for ratification, which effectively ended American involvement in the Kyoto Protocol. In December 2009, international leaders met in Copenhagen to address the future of international climate change commitments post-Kyoto. No binding agreement was reached in Copenhagen; however, the UN Climate Change Committee identified the long-term goal of limiting the maximum global average temperature increase to no more than 2 degrees Celsius (°C) above pre-industrial levels, subject to a review in 2015. The Committee held additional meetings in Durban, South Africa in November 2011; Doha, Qatar in November 2012; and Warsaw, Poland in November 2013. The meetings gradually gained consensus among participants on individual climate change issues.

On September 23, 2014, more than 100 Heads of State and Government and leaders from the private sector and civil society met at the Climate Summit in New York hosted by the U.N. At the Summit, heads of government, business and civil society announced actions in areas that would have the greatest impact on reducing emissions, including climate finance, energy, transport, industry, agriculture, cities, forests, and building resilience.

Parties to the U.N. Framework Convention on Climate Change (UNFCCC) reached a landmark agreement on December 12, 2015 in Paris, charting a fundamentally new course in the two-decade-old global climate effort. Culminating a four-year negotiating round, the new treaty ends the strict differentiation between developed and developing countries that characterized earlier efforts, replacing it with a common framework that commits all countries to put forward their best efforts and to strengthen them in the years ahead. This includes, for the first time, requirements that all parties report regularly on their emissions and implementation efforts and undergo international review.

The agreement and a companion decision by parties were the key outcomes of the conference, known as the 21st session of the UNFCCC Conference of the Parties (COP). Together, the Paris Agreement and the accompanying COP decision:
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• Reaffirm the goal of limiting global temperature increase well below 2°C, while urging efforts to limit the increase to 1.5 degrees;
• Establish binding commitments by all parties to make “nationally determined contributions” (NDCs), and to pursue domestic measures aimed at achieving them; • Commit all countries to report regularly on their emissions and “progress made in implementing and achieving” their NDCs, and to undergo international review; • Commit all countries to submit new NDCs every five years, with the clear expectation that they will “represent a progression” beyond previous ones; • Reaffirm the binding obligations of developed countries under the UNFCCC to support the efforts of developing countries, while for the first time encouraging voluntary contributions by developing countries too;
• Extend the current goal of mobilizing $100 billion a year in support by 2020 through 2025, with a new, higher goal to be set for the period after 2025; • Extend a mechanism to address “loss and damage” resulting from climate change, which explicitly will not “involve or provide a basis for any liability or compensation;” • Require parties engaging in international emissions trading to avoid “double counting;” and
• Call for a new mechanism, similar to the Clean Development Mechanism under the Kyoto Protocol, enabling emission reductions in one country to be counted toward another country’s NDC (C2ES 2015a) (Center for Climate and Energy Solutions (C2ES), 2015).

Following President Biden’s day one executive order, the United States officially rejoined the landmark Paris Agreement on February 19, 2021, positioning the country to once again be part of the global climate solution. Meanwhile, city, state, business, and civic leaders across the country and around the world have been ramping up efforts to drive the clean energy advances needed to meet the goals of the agreement and put the brakes on dangerous climate change.

B. Federal Regulations

1. Federal Regulation and the Clean Air Act
Prior to the last decade, there have been no concrete federal regulations of GHGs or major planning for climate change adaptation. The following are actions regarding direct and indirect regulations by the federal government concerning GHGs and fuel efficiency.

In Massachusetts v. Environmental Protection Agency 549 U.S. 497 (2007), decided on April 2, 2007, the United States Supreme Court (U.S. Court) found that four GHGs, including CO2, are air pollutants subject to regulation under Section 202(a)(1) of the Clean Air Act (CAA). The Court held that the 471
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EPA Administrator must determine whether emissions of GHGs from new motor vehicles cause or contribute to air pollution, which may reasonably be anticipated to endanger public health or welfare, or whether the science is too uncertain to make a reasoned decision. On December 7, 2009, the EPA Administrator signed two distinct findings regarding GHGs under section 202(a) of the CAA:
• Endangerment Finding: The Administrator finds that the current and projected concentrations of the six key well-mixed GHGs— CO2, CH4, N2O, HFCs, PFCs, and SF6—in the atmosphere threaten the public health and welfare of current and future generations. • Cause or Contribute Finding: The Administrator finds that the combined emissions of these well-mixed GHGs from new motor vehicles and new motor vehicle engines contribute to the GHG pollution, which threatens public health and welfare.

These findings do not impose requirements on industry or other entities. However, this was a prerequisite for implementing GHG emissions standards for vehicles, as discussed in section 2.7.2 “Clean Vehicles” in Technical Appendix G of this EIR.

2. Mandatory Reporting of GHGs
The Consolidated Appropriations Act of 2008, passed in December 2007, requires the establishment of mandatory GHG reporting requirements. On September 22, 2009, the EPA issued the Final Mandatory Reporting of GHGs Rule, which became effective January 1, 2010. The rule requires reporting of GHG emissions from large sources and suppliers in the U.S. and is intended to collect accurate and timely emissions data to inform future policy decisions. Under the rule, suppliers of fossil fuels or industrial GHGs, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons per year (MT/yr) or more of GHG emissions are required to submit annual reports to the EPA.

C. State

1. Executive Order S-3-05
California Governor Arnold Schwarzenegger announced on June 1, 2005, through Executive Order S3-05, the following reduction targets for GHG emissions:
• By 2010, reduce GHG emissions to 2000 levels.
• By 2020, reduce GHG emissions to 1990 levels.
• By 2050, reduce GHG emissions to 80% below 1990 levels.

The 2050 reduction goal represents what some scientists believe is necessary to reach levels that will stabilize the climate. The 2020 goal was established to be a mid-term target. Because this is an executive order, the goals are not legally enforceable for local governments or the private sector, and do not apply to this Project.
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2. Executive Order S-13-08
Executive Order S-13-08 states that “climate change in California during the next century is expected to shift precipitation patterns, accelerate sea level rise and increase temperatures, thereby posing a serious threat to California’s economy, to the health and welfare of its population and to its natural resources.” Pursuant to the requirements in the Order, the 2009 California Climate Adaptation Strategy (CNRA 2009) was adopted, which is the “…first statewide, multi-sector, region-specific, and information-based climate change adaptation strategy in the United States.” Objectives include analyzing risks of climate change in California, identifying, and exploring strategies to adapt to climate change, and specifying a direction for future research.

3. Executive Order B-30-15
On April 29, 2015, Governor Brown issued an executive order to establish a California GHG reduction target of 40% below 1990 levels by 2030. The Governor’s executive order aligned California’s GHG reduction targets with those of leading international governments ahead of the U.N. Climate Change Conference in Paris late 2015. The Order sets a new interim statewide GHG emission reduction target to reduce GHG emissions to 40% below 1990 levels by 2030 in order to ensure California meets its target of reducing GHG emissions to 80% below 1990 levels by 2050 and directs CARB to update the 2017 Scoping Plan to express the 2030 target in terms of MMTCO2e. The Order also requires the state’s climate adaptation plan to be updated every three years, and for the State to continue its climate change research program, among other provisions. As with Executive Order S-3-05, this Order is not legally enforceable as to local governments and the private sector. Legislation that would update AB 32 to make post 2020 targets and requirements a mandate is in process in the State Legislature.

4. Executive Order S-01-07 – Low Carbon Fuel Standard
The Governor signed Executive Order S-01-07 on January 18, 2007. The order mandates that a statewide goal shall be established to reduce the carbon intensity of California’s transportation fuels by at least 10% by 2020. CARB adopted the LCFS on April 23, 2009.

After a series of legal changes, in order to address the Court ruling, CARB was required to bring a new LCFS regulation to the Board for consideration in February 2015. The proposed LCFS regulation was required to contain revisions to the 2010 LCFS as well as new provisions designed to foster investments in the production of the low-carbon intensity fuels, offer additional flexibility to regulated parties, update critical technical information, simplify and streamline program operations, and enhance enforcement. On November 16, 2015, the Office of Administrative Law (OAL) approved the Final Rulemaking Package. The new LCFS regulation became effective on January 1, 2016.

In 2018, CARB approved amendments to the regulation, which included strengthening the carbon intensity benchmarks through 2030 in compliance with the SB 32 GHG emissions reduction target for 2030. The amendments included crediting opportunities to promote zero emission vehicle adoption, alternative jet fuel, carbon capture and sequestration, and advanced technologies to achieve deep decarbonization in the transportation sector.
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5. Executive Order B-55-18 and SB 100
SB 100 and Executive Order B-55-18 were signed by Governor Brown in 2018. Before then, 25% of retail energy sales were required to be from renewable sources by December 31, 2016, 33% by December 31, 2020, 40% by December 31, 2024, 45% by December 31, 2027, and 50% by December 31, 2030. SB 100 raised California’s RPS requirement to 50% renewable resources target by December 31, 2026 and established a 60% target by December 31, 2030. SB 100 also required that retail sellers and local publicly owned electric utilities procure a minimum quantity of electricity products from eligible renewable energy resources so that the total kilowatt hours of those products sold to their retail end-use customers achieve 44% of retail sales by December 31, 2024, 52% by December 31, 2027, and 60% by December 31, 2030. In addition to targets under AB 32 and SB 32, Executive Order B55-18 established a carbon neutrality goal for the state of California by 2045; and sets a goal to maintain net negative emissions thereafter. The Executive Order directed the California Natural Resources Agency (CNRA), California Environmental Protection Agency (CalEPA), the Department of Food and Agriculture (CDFA), and CARB to include sequestration targets in the Natural and Working Lands Climate Change Implementation Plan consistent with the carbon neutrality goal.

6. California Assembly Bill No. 32 (AB 32)
The California State Legislature enacted AB 32, which required that GHGs emitted in California be reduced to 1990 levels by the year 2020 (this goal has been met1 ). GHGs as defined under AB 32
include CO2, CH4, N2O, HFCs, PFCs, and SF6. Since AB 32 was enacted, a seventh chemical, NF3, has also been added to the list of GHGs. CARB is the state agency charged with monitoring and regulating sources of GHGs. Pursuant to AB 32, CARB adopted regulations to achieve the maximum technologically feasible and cost-effective GHG emission reductions. AB 32 states the following:
“Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems.”

7. California Air Resources Board (CARB) Scoping Plans
In November 2017, CARB released the 2017 Scoping Plan Update, which implements the 2030 target of a 40% reduction below 1990 levels codified by SB 32. Key programs that the proposed Second Update builds upon include the Cap-and-Trade Regulation (discussed below), the LCFS, and much 1 Based upon the 2019 GHG inventory data (i.e., the latest year for which data are available) for the 2000-2017 GHG emissions period, California emitted an average 424.1 MMTCO2e. This is less than the 2020 emissions target of 431 MMTCO2e.
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cleaner cars, trucks and freight movement, utilizing cleaner, renewable energy, and strategies to reduce CH4 emissions from agricultural and other wastes.

The 2017 Scoping Plan Update establishes a new emissions limit of 260 MMTCO2e for the year 2030, which corresponds to a 40% decrease in 1990 levels by 2030.

California’s climate strategy will require contributions from all sectors of the economy, including the land base, and will include enhanced focus on zero- and near-zero-emission (ZE/NZE) vehicle technologies; continued investment in renewables, including solar roofs, wind, and other distributed generation; greater use of low carbon fuels; integrated land conservation and development strategies; coordinated efforts to reduce emissions of short-lived climate pollutants (CH4, black carbon, and fluorinated gases); and an increased focus on integrated land use planning to support livable, transitconnected communities, jobs-housing balance and conservation of agricultural and other lands.

Requirements for direct GHG reductions at refineries will further support air quality co-benefits in neighborhoods, including in disadvantaged communities historically located adjacent to these large stationary sources, as well as efforts with California’s local air pollution control and air quality management districts (air districts) to tighten emission limits on a broad spectrum of industrial sources.

Major elements of the 2017 Scoping Plan framework include:
• Implementing and/or increasing the standards of the Mobile Source Strategy, which include increasing ZEV buses and trucks.
• LCFS, with an increased stringency (18% by 2030).
• Implementing SB 350, which expands the RPS to 50% RPS and doubles energy efficiency savings by 2030.
• California Sustainable Freight Action Plan, which improves freight system efficiency, utilizes near-zero emissions technology, and deployment of zero-emission vehicles (ZEV) trucks.
• Implementing the proposed Short-Lived Climate Pollutant Strategy (SLPS), which focuses on reducing CH4 and hydroflurocarbon emissions by 40% and anthropogenic black carbon emissions by 50% by year 2030.
• Continued implementation of SB 375.
• Post-2020 Cap-and-Trade Program that includes declining caps. • 20% reduction in GHG emissions from refineries by 2030. 475
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• Development of a Natural and Working Lands Action Plan to secure California’s land base as a net carbon sink.

The 2017 Scoping Plan acknowledges that:
[a]chieving net zero increases in GHG emissions, resulting in no contribution to GHG impacts, may not be feasible or appropriate for every project, however, and the inability of a project to mitigate its GHG emissions to net zero does not imply the project results in a substantial contribution to the cumulatively significant environmental impact of climate change under CEQA.

In addition to the statewide strategies listed above, the 2017 Scoping Plan Update also identifies local governments as essential partners in achieving the State’s long-term GHG reduction goals and identifies local actions to reduce GHG emissions. As part of the recommended actions, CARB recommends that local governments achieve a community-wide goal to achieve emissions of no more than 6 metric tons of CO2e (MTCO2e) or less per capita by 2030 and 2 MTCO2e or less per capita by 2050. For CEQA projects, CARB states that lead agencies may develop evidenced-based bright-line numeric thresholds—consistent with the Scoping Plan and the State’s long-term GHG goals—and projects with emissions over that amount may be required to incorporate on-site design features and mitigation measures that avoid or minimize project emissions to the degree feasible. Alternatively, lead agencies may utilize a performance-based metric using a CAP or other plan to reduce GHG emissions.

According to research conducted by the Lawrence Berkeley National Laboratory (LBNL) in 2015 and supported by CARB, California, was expected to (and subsequently did) meet the 2020 reduction targets under AB 32 and could achieve the 2030 goals under SB 32. The research utilized a new, validated model known as the California LBNL GHG Analysis of Policies Spreadsheet (CALGAPS), which simulates GHG and criteria pollutant emissions in California from 2010 to 2050 in accordance to existing and anticipated future GHG-reducing policies. The CALGAPS model showed that, as of 2017, GHG emissions through 2020 could range from 317 to 415 MTCO2e per year (MTCO2e/yr), “indicating that existing state policies will likely allow California to meet its target [of 2020 levels under AB 32].” CALGAPS also showed that by 2030, emissions could range from 211 to 428 MTCO2e/yr, indicating that “even if all modeled policies are not implemented, reductions could be sufficient to reduce emissions 40% below the 1990 level [of SB 32].” CALGAPS analyzed emissions through 2050 even though it did not generally account for policies that might be put in place after 2030.

Although the research indicated that the emissions would not meet the State’s 80% reduction goal by 2050, various combinations of policies could allow California’s cumulative emissions to remain very low through 2050.

8. The Sustainable Communities and Climate Protection Act of 2008 (SB 375) Senate Bill (SB) 375 was signed by the Governor on September 30, 2008. According to SB 375, the transportation sector is the largest contributor of GHG emissions, which emits over 40% of the total GHG emissions in California. SB 375 states, “Without improved land use and transportation policy, 476
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California will not be able to achieve the goals of AB 32.” SB 375: (1) requires metropolitan planning organizations to include sustainable community strategies in their regional transportation plans for reducing GHG emissions, (2) aligns planning for transportation and housing, and (3) creates specified incentives for the implementation of the strategies.

SB 375 also requires Metropolitan Planning Organizations (MPOs) to prepare a Sustainable Communities Strategy (SCS) within the Regional Transportation Plan (RTP) that guides growth while taking into account the transportation, housing, environmental, and economic needs of the region.

Although SB 375 does not prevent CARB from adopting additional regulations, such actions are not anticipated in the foreseeable future.

Concerning CEQA, SB 375, as codified in Public Resources Code Section 21159.28, states that CEQA findings for certain projects are not required to reference, describe, or discuss (1) growth inducing impacts, or (2) any project-specific or cumulative impacts from cars and light-duty truck trips generated by the project on global warming or the regional transportation network, if the project:

1. Is in an area with an approved sustainable communities’ strategy or an alternative planning strategy that the CARB accepts as achieving the GHG emission reduction targets.

2. Is consistent with that strategy (in designation, density, building intensity, and applicable policies).

3. Incorporates the mitigation measures required by an applicable prior environmental document.

9. Assembly Bill No. 1493 (AB 1943)
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. Implementation of the regulation was delayed by lawsuits filed by automakers and by the EPA’s denial of an implementation waiver.

The EPA subsequently granted the requested waiver in 2009, which was upheld by the U.S. District Court for the District of Columbia in 2011.

The second phase of the implementation for the Pavley bill was incorporated into Amendments to the Low-Emission Vehicle Program (LEV III) or the Advanced Clean Cars program. The Advanced Clean Car program combines the control of smog-causing pollutants and GHG emissions into a single coordinated package of requirements for model years 2017 through 2025. The regulation will reduce GHGs from new cars by 34% from 2016 levels by 2025. The new rules will clean up gasoline and diesel-powered cars, and deliver increasing numbers of zero-emission technologies, such as full battery electric cars, newly emerging plug-in hybrid EVs (EV) and hydrogen fuel cell cars. The package will also ensure adequate fueling infrastructure is available for the increasing numbers of hydrogen fuel cell vehicles planned for deployment in California. On March 9, EPA reinstated California’s authority under the Clean Air Act to implement its own GHG emission standards for cars and light trucks, which 477
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other states can also adopt and enforce. With this authority restored, EPA will continue partnering with states to advance the next generation of clean vehicle technologies.

10. Senate Bill No. 350 (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 RPS, higher energy efficiency requirements for buildings, initial strategies towards a regional electricity grid, and improved infrastructure for EV charging stations.

Provisions for a 50% reduction in the use of petroleum statewide were removed from the Bill because of opposition and concern that it would prevent the Bill’s passage. 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 California Energy Commission (CEC), and local publicly owned utilities.
• Reorganize the Independent System Operator to develop more regional electrify transmission markets and to improve accessibility in these markets, which will facilitate the growth of renewable energy markets in the western United States.

11. Senate Bill No. 32 (SB 32)/AB 197
On September 8, 2016, Governor Jerry Brown signed the SB 32 and its companion bill, AB 197. SB 32 requires the state to reduce statewide GHG emissions to 40% below 1990 levels by 2030, a reduction target that was first introduced in Executive Order B-30-15. SB 32 builds upon the AB 32 goal and provides an intermediate goal to achieving Executive Order S-3-05, which sets a statewide GHG reduction target of 80% below 1990 levels by 2050. AB 197 creates a legislative committee to oversee regulators to ensure that CARB not only responds to the Governor, but also the Legislature.

12. Cap-and-Trade Program
The Scoping Plan identifies a Cap-and-Trade Program as one of the key strategies for California to reduce GHG emissions. According to CARB, a cap-and-trade program will help put California on the path to meet its goal of achieving a 40% reduction in GHG emissions from 1990 levels by 2030. Under cap-and-trade, an overall limit on GHG emissions from capped sectors is established, and facilities subject to the cap will be able to trade permits to emit GHGs within the overall limit.

CARB adopted a California Cap-and-Trade Program pursuant to its authority under AB 32. The Capand-Trade Program is designed to reduce GHG emissions from major sources (deemed “covered entities”) by setting a firm cap on statewide GHG emissions and employing market mechanisms to 478
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achieve AB 32’s emission-reduction mandate of returning to 1990 levels of emissions by 2020. The statewide cap for GHG emissions from the capped sectors (e.g., electricity generation, petroleum refining, and cement production) commenced in 2013 and will decline over time, achieving GHG emission reductions throughout the program’s duration. Land use projects such as the proposed Project are not directly subject to the Cap-and-Trade program, however sectors associated with land use development such as energy and fuel usage are deemed covered entities that would indirectly be subject to Cap-and-Trade.

Covered entities that emit more than 25,000 MTCO2e/yr must comply with the Cap-and-Trade Program. Triggering of the 25,000 MTCO2e/yr “inclusion threshold” is measured against a subset of emissions reported and verified under the California Regulation for the Mandatory Reporting of GHG Emissions (Mandatory Reporting Rule or “MRR”).

Under the Cap-and-Trade Program, CARB issues allowances equal to the total amount of allowable emissions over a given compliance period and distributes these to regulated entities. Covered entities are allocated free allowances in whole or part (if eligible), and may buy allowances at auction, purchase allowances from others, or purchase offset credits. Each covered entity with a compliance obligation is required to surrender “compliance instruments” for each MTCO2e of GHG they emit. There also are requirements to surrender compliance instruments covering 30% of the prior year’s compliance obligation by November of each year.

An inherent feature of the Cap-and-Trade program is that it does not guarantee GHG emissions reductions in any discrete location or by any particular source. Rather, GHG emissions reductions are only guaranteed on an accumulative basis. The Cap-and-Trade Program works with other direct regulatory measures and provides an economic incentive to reduce emissions. If California’s direct regulatory measures reduce GHG emissions more than expected, then the Cap-and-Trade Program will be responsible for relatively fewer emissions reductions. If California’s direct regulatory measures reduce GHG emissions less than expected, then the Cap-and-Trade Program will be responsible for relatively more emissions reductions. Thus, the Cap-and-Trade Program helped California meet its 2020 GHG emissions reduction mandate.

As of January 1, 2015, the Cap-and-Trade Program covered approximately 85% of California’s GHG emissions. The Cap-and-Trade Program covers the GHG emissions associated with electricity consumed in California, whether generated in-state or imported. Accordingly, GHG emissions associated with CEQA projects’ electricity usage are covered by the Cap-and-Trade Program.

The Cap-and-Trade Program also covers fuel suppliers (natural gas and propane fuel providers and transportation fuel providers) to address emissions from such fuels and from combustion of other fossil fuels not directly covered at large sources in the Program’s first compliance period. While the Capand-Trade Program technically covered fuel suppliers as early as 2012, they did not have a compliance obligation (i.e., they were not fully regulated) until 2015. The Cap-and-Trade Program covers the GHG emissions associated with the combustion of transportation fuels in California, whether refined in-state or imported. The point of regulation for transportation fuels is when they are “supplied” (i.e., 479
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delivered into commerce). Accordingly, as with stationary source GHG emissions and GHG emissions attributable to electricity use, virtually all, if not all, of GHG emissions from CEQA projects associated with VMT are covered by the Cap-and-Trade Program. In addition, the Scoping Plan differentiates between “capped” and “uncapped” strategies. “Capped” strategies are subject to the proposed capand-trade program. The Scoping Plan states that the inclusion of these emissions within the Program will help ensure that the year 2020 emission targets are met despite some degree of uncertainty in the emission reduction estimates for any individual measure. Implementation of the capped strategies is calculated to achieve a sufficient amount of reductions by 2020 to achieve the emission target contained in AB 32. “Uncapped” strategies that will not be subject to the cap-and-trade emissions caps and requirements are provided as a margin of safety by accounting for additional GHG emission reductions.

13. Title 20 Standards
California Code of Regulations (CCR), Title 20: Division 2, Chapter 4, Article 4, Sections 1601-1608:

Appliance Efficiency Regulations regulates the sale of appliances in California. The Appliance Efficiency Regulations include standards for both federally regulated appliances and non-federally regulated appliances. 23 categories of appliances are included in the scope of these regulations. The standards within these regulations apply to appliances that are sold or offered for sale in California, except those sold wholesale in California for final retail sale outside the State and those designed and sold exclusively for use in recreational vehicles or other mobile equipment.

14. Title 24 Standards
CCR Title 24 Part 6: California’s Efficiency Standards for Residential and Nonresidential Buildings, 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 require, among other items are listed in Section 2.7.3.3 of Technical Appendix G of this EIR.

15. CARB Refrigerant Management Program
CARB adopted a regulation in 2009 to reduce refrigerant GHG emissions from stationary sources through refrigerant leak detection and monitoring, leak repair, system retirement and retrofitting, reporting and recordkeeping, and proper refrigerant cylinder use, sale, and disposal. The regulation is set forth in sections 95380 to 95398 of Title 17, CCR. The rules implementing the regulation establish a limit on statewide GHG emissions from stationary facilities with refrigeration systems with more than 50 lbs of a high GWP refrigerant. The refrigerant management program is designed to (1) reduce 480
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emissions of high-GWP GHG refrigerants from leaky stationary, non-residential refrigeration equipment; (2) reduce emissions from the installation and servicing of refrigeration and airconditioning appliances using high-GWP refrigerants; and (3) verify GHG emission reductions.

16. Tractor-Trailer GHG Regulation
The tractors and trailers subject to this regulation must either use EPA SmartWay certified tractors and trailers or retrofit their existing fleet with SmartWay verified technologies as discussed in 2.7.2, SmartWay Program, of the Technical Appendix G of this EIR. The regulation applies primarily to owners of 53-foot or longer box-type trailers, including both dry-van and refrigerated-van trailers, and owners of the HD tractors that pull them on California highways. These owners are responsible for replacing or retrofitting their affected vehicles with compliant aerodynamic technologies and low rolling resistance tires. Sleeper cab tractors model year 2011 and later must be SmartWay certified.

All other tractors must use SmartWay verified low rolling resistance tires. There are also requirements for trailers to have low rolling resistance tires and aerodynamic devices.

17. Phase 1 and 2 Heavy-Duty Vehicle GHG Standards
In September 2011, CARB has adopted a regulation for GHG emissions from HDTs and engines sold in California. It establishes GHG emission limits on truck and engine manufacturers and harmonizes with the EPA rule for new trucks and engines nationally. Existing HD vehicle regulations in California include engine criteria emission standards, tractor-trailer GHG requirements to implement SmartWay strategies (i.e., the Heavy-Duty Tractor-Trailer GHG Regulation), and in-use fleet retrofit requirements such as the Truck and Bus Regulation. The EPA rule has compliance requirements for new compression and spark ignition engines, as well as trucks from Class 2b through Class 8. Compliance requirements began with MY 2014 with stringency levels increasing through MY 2018. The rule organizes truck compliance into three groupings, which include a) HD pickups and vans; b) vocational vehicles; and c) combination tractors. The EPA rule does not regulate trailers.

CARB staff has worked jointly with the EPA and the NHTSA on the next phase of federal GHG emission standards for medium-duty trucks (MDT) and HDT vehicles, called federal Phase 2. The federal Phase 2 standards were built on the improvements in engine and vehicle efficiency required by the Phase 1 emission standards and represent a significant opportunity to achieve further GHG reductions for 2018 and later MY HDT vehicles, including trailers. The EPA and NHTSA have proposed to roll back GHG and fuel economy standards for cars and light-duty trucks, which suggests a similar rollback of Phase 2 standards for MDT and HDT vehicles may be pursued.

18. SB 97 and the CEQA Guidelines Update
Passed in August 2007, SB 97 added Section 21083.05 to the Public Resources Code. The code states “(a) On or before July 1, 2009, the Office of Planning and Research (OPR) shall prepare, develop, and transmit to the Resources Agency guidelines for the mitigation of GHG emissions or the effects of GHG emissions as required by this division, including, but not limited to, effects associated with transportation or energy consumption. (b) On or before January 1, 2010, the Resources Agency shall 481
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certify and adopt guidelines prepared and developed by the OPR pursuant to subdivision (a).” Section 21097 was also added to the Public Resources Code. It provided CEQA protection until January 1, 2010 for transportation projects funded by the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 or projects funded by the Disaster Preparedness and Flood Prevention Bond Act of 2006, in stating that the failure to analyze adequately the effects of GHGs would not violate CEQA.

On December 28, 2018, the CEQA Guidelines were amended to reference climate change and provide guidance to public agencies regarding the analysis and mitigation of the effects of GHG emissions in CEQA documents. CEQA Guidelines section 15064.4 affords lead agencies the discretion to determine for each project whether to quantify greenhouse gas emissions and/or rely on a qualitative analysis or performance based standards; in determining the significance of a project’s greenhouse gas emissions, the lead agency should consider factors, among others, including (1) the extent to which the project may increase or reduce greenhouse gas emissions as compared to the existing environmental setting, (2) the extent to which the project complies with regulations or requirements adopted to implement a regional or local plan for the reduction or mitigation of greenhouse gas emissions.

D. Regional

1. South Coast Air Quality Management District
The South Coast Air Quality Management District (South Coast AQMD) is the agency responsible for air quality planning and regulation in the SCAB. South Coast AQMD addresses the impacts to climate change of projects subject to South Coast AQMD permits as a lead agency if they are the only agency having discretionary approval for the project and acts as a responsible agency when a land use agency must also approve discretionary permits for the project. The South Coast AQMD acts as an expert commenting agency for impacts to air quality. This expertise carries over to GHG emissions, so the agency helps local land use agencies through the development of models and emission thresholds that can be used to address GHG emissions.

In 2008, South Coast AQMD formed a Working Group to identify GHG emissions thresholds for land use projects that could be used by local lead agencies in the SCAB. The Working Group developed several different options that are contained in the South Coast AQMD Draft Guidance Document – Interim CEQA GHG Significance Threshold, that could be applied by lead agencies. However, the document was never finalized. The working group has not provided additional guidance since release of the interim guidance in 2008. The South Coast AQMD Board has not approved the thresholds which remain interim. The interim thresholds consist of a tiered approach. Tier 2 consists of determining whether the project is consistent with a GHG reduction plan. If a project is consistent with a qualifying local GHG reduction plan, it does not have significant GHG emissions. Tiers 1 through 5 are further discussed in subsection 2.7.4, South Coast AQMD, of the Technical Appendix G of this EIR. 482
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4.6.3 METHODOLOGY
A. Quantification of Emissions
In May 2022 the California Air Pollution Control Officers Association (CAPCOA) om conjunction with other California air districts, including South Coast AQMD, released the latest version of CalEEMod Version 2022.1. The purpose of this model is to calculate construction-source and operational-source criteria pollutant 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. Output from the model runs for both construction and operational activity are provided in Appendices 3.1 through 3.2 of Technical Appendix G of this EIR. CalEEMod includes GHG emissions from the following source categories: construction, area sources, energy, mobile, waste, water.

A full life‐cycle analysis (LCA) for construction and operational activity is not included in this analysis due to the lack of consensus guidance on LCA methodology at this time. Life‐cycle analysis (i.e., assessing economy‐wide GHG emissions from the processes in manufacturing and transporting all raw materials used in the Project development, infrastructure, and on-going operations) depends on emission factors or econometric factors that are not well established for all processes. At this time, an LCA would be extremely speculative and thus has not been prepared.

Additionally, the South Coast AQMD recommends analyzing direct and indirect project GHG emissions generated within California and not life-cycle emissions because the life-cycle effects from a project could occur outside of California, might not be very well understood, or documented, and would be challenging to mitigate. Additionally, the science to calculate life cycle emissions is not yet established or well defined; therefore, South Coast AQMD has not recommended, and is not requiring, life-cycle emissions analysis.

1. Project Construction Emissions
Construction is expected to commence in July 2023 and will 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.

Construction Equipment
A detailed summary of construction equipment assumptions by phase is provided at Table 3-2, Construction Equipment Requirement, in Section 3.0, Project Description, of this EIR. Consistent with industry standards and typical construction practices, each piece of equipment listed in Table 3-2 483
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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.

2. Project Operational Emissions
Operational activities associated with the Project will result in emissions of CO2, CH4, and N2O from the following primary sources: Area Source Emissions; Energy Source Emissions; Mobile Source Emissions; On-site Cargo Handling Equipment Emissions; Water Supply, Treatment, and Distribution; Solid Waste; Refrigerants.

Area Source Emissions
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.

Energy Source Emissions
GHGs are emitted from buildings as a result of activities for which electricity and natural gas are typically used as energy sources. Combustion of any type of fuel emits CO2 and other GHGs directly into the atmosphere; these emissions are considered direct emissions associated with a building; the building energy use emissions do not include street lighting. GHGs are also emitted during the generation of electricity from fossil fuels; these emissions are considered to be indirect emissions.

Natural gas and electricity usage associated with the Project were calculated by CalEEMod using default parameters.

Mobile Source Emissions
The Project related GHG 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 (LDT12 & LDT23
), Medium-Duty-Vehicles (MDV), and Motorcycles
2 Vehicles under the LDT1 category have a gross vehicle weight rating (GVWR) of less than 6,000 lbs. and equivalent test weight (ETW) of less than or equal to 3,750 lbs.
3 Vehicles under the LDT2 category have a GVWR of less than 6,000 lbs. and ETW between 3,751 lbs. and 5,750 lbs. 484
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(MCY) vehicle types. The passenger cars fleet mix was determined and presented in Table 3-4 of the Technical Appendix G of this EIR.

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 SCAQMD 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 (LHDT14 & LHDT25
)/2-axle, Medium-Heavy-Duty Trucks (MHDT)/3-axle, and Heavy-Heavy-Duty Trucks (HHDT)/4+-axle. The truck fleet mix was determined and presented in Table 3-5 of the Technical Appendix G of this EIR.

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 particular Project, on-site modeled operational equipment includes up to one (1) 175 horsepower (hp), natural gas-powered cargo handling equipment – port tractor operating at 4 hours a day for 365 days of the year.

Water Supply, Treatment, and Distribution
Indirect GHG emissions result from the production of electricity used to convey, treat, and distribute water and wastewater. The amount of electricity required to convey, treat, and distribute water depends on the volume of water as well as the sources of the water. Unless otherwise noted, CalEEMod default parameters were used.

Solid Waste
Industrial land uses would result in the generation and disposal of solid waste. A percentage of this waste would be diverted from landfills by a variety of means, such as reducing the amount of waste generated, recycling, and/or composting. The remainder of the waste not diverted would be disposed of at a landfill. GHG emissions from landfills are associated with the anaerobic breakdown of material.

GHG emissions associated with the disposal of solid waste associated with the proposed Project were calculated by CalEEMod using default parameters.

Refrigerants
Air conditioning (A/C) and refrigeration equipment associated with the buildings are anticipated to generate GHG emissions. CalEEMod automatically generates a default A/C and refrigeration equipment inventory for each project land use subtype based on industry data from the EPA. 4 Vehicles under the LHDT1 category have a GVWR of 8,501 to 10,000 lbs. 5 Vehicles under the LHDT2 category have a GVWR of 10,001 to 14,000 lbs. 485
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CalEEMod quantifies refrigerant emissions from leaks during regular operation and routine servicing over the equipment lifetime and then derives average annual emissions from the lifetime estimate. Note that CalEEMod does not quantify emissions from the disposal of refrigeration and A/C equipment at the end of its lifetime. Per 17 CCR 95371, new facilities with refrigeration equipment containing more than 50 pounds of refrigerant are prohibited from utilizing refrigerants with a GWP of 150 or greater as of January 1, 2022. As such, it was conservatively assumed that refrigeration systems installed at the supermarket portion of the Project would utilize refrigerants with a GWP of 150. GHG emissions associated with refrigerants were calculated by CalEEMod.

4.6.4 BASIS FOR DETERMINING SIGNIFICANCE
Section VII of Appendix G to the CEQA Guidelines indicate that a project would result in a significant impact on climate change if a project were to (OPR, 2019):
• Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
• Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
The City of Orange has not adopted its own numeric threshold of significance for determining impacts with respect to GHG emissions. The Guidance for Greenhouse Gas Emissions Analysis (Memo) provides guidance to the City of Orange Planning Division staff for evaluating GHG emissions analyses in CEQA documents for all non-exempt project where the City of Orange is the lead agency.

Based on the Memo, the City will accept GHG analyses that use the Tier 3 quantitative thresholds recommended in the South Coast AQMD’s Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans (South Coast AQMD Interim Threshold).

The South Coast AQMD’s adopted numerical threshold of 10,000 MTCO2e/yr for industrial stationary source emissions is typically selected as the significance criterion. However, the City has determined that the South Coast AQMD’s draft threshold of 3,000 MTCO2e/yr is more conservative and appropriate for industrial and warehouse land use development projects. The 3,000 MTCO2e/yr threshold is based on the South Coast AQMD staff’s proposed GHG screening threshold for stationary source emissions for non-industrial projects, as described in the South Coast AQMD Interim Thresholds. The South Coast AQMD Interim Threshold identifies a screening threshold to determine whether additional analysis is required.
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4.6.5 IMPACT ANALYSIS
Threshold a: Would the Project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
A. Construction
For construction phase Project emissions, GHGs are quantified and amortized over the life of the Project. To amortize the emissions over the life of the Project, the South Coast AQMD recommends calculating the total GHG emissions for the construction activities, dividing it by a 30-year Project life then adding that number to the annual operational phase GHG emissions. As such, construction emissions were amortized over a 30-year period and added to the annual operational phase GHG emissions. The amortized construction emissions are presented in Table 4.6-3, Amortized Annual Construction Emissions.

Table 4.6-3 Amortized Annual Construction Emissions
Year
Emissions (MT/yr)
CO2 CH4 N2O Refrigerant
s
Total
CO2e6
2023 329.68 0.02 0.01 0.13 335.81
2024 370.75 0.01 0.00 0.10 373.54
Total GHG Emissions 700.43 0.03 0.01 0.23 709.35
Amortized Construction Emissions 23.35 1.00E-03 3.33E-04 0.01 23.65 Source: (Urban Crossroads, 2023d, Table 3-3)
B. Operation
The annual GHG emissions associated with the operations of the Project would result in emissions of CO2, CH4, and N2O. As shown in Table 4.6-4, Project GHG Emissions, the annual GHG emissions associated with the operation of the Project are estimated to be approximately 1,736.21 MT CO2e per year, which would not exceed the 3,000 MTCO2e per year threshold. Therefore, project-related emissions would not have a potential significant direct or indirect impact on GHG and climate change.

Impacts related to GHG emissions would be less than significant.

Table 4.6-4 Project GHG Emissions
Emission Source
Emissions (MT/yr)
CO2 CH4 N2O Refrigerants Total CO2e
Annual construction-related emissions
amortized over 30 years 23.35 1.00E-03 3.33E-04 0.01 23.65 6 CalEEMod reports the most common GHGs emitted which include CO2, CH4, and N2O. These GHGs are then converted into the CO2e by multiplying the individual GHG by the GWP. 487
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Emission Source
Emissions (MT/yr)
CO2 CH4 N2O Refrigerants Total CO2e
Mobile Source 1,184.00 0.07 0.15 1.52 1,232.00
Area Source 1.28 0.00 0.00 0.00 1.32
Energy Source 127.00 0.01 0.00 0.00 128.00
Water Usage 20.40 0.48 0.01 0.00 35.80
Waste 5.31 0.53 0.00 0.00 18.60
Refrigerants 0.00 0.00 0.00 10.70 10.70
On-Site Equipment 286.15
Total CO2e (All Sources) 1,736.21
Source: (Urban Crossroads, 2023d, Table 3-6)
Threshold b: Would the Project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Pursuant to CEQA Guidelines Section 15604.4, a lead agency may rely on qualitative analysis or performance-based standards to determine the significance of impacts from GHG emissions. As such, the Project’s consistency with SB 32 (2017 Scoping Plan), is discussed below. Consistency with AB 32 and the 2008 Scoping Plan is not necessary, since the target year for AB 32 and the 2008 Scoping Plan was 2020, and the Project’s buildout year is 2024. As such the 2008 Scoping Plan does not apply and consistency with the 2017 Scoping Plan is relevant. Project consistency with SB 32 is evaluated in the following discussion. The 2017 Scoping Plan Update reflects the 2030 target of a 40% reduction below 1990 levels, set by Executive Order B-30-15 and codified by SB 32. As summarized in Table

4.6-5, 2017 Scoping Plan Consistency Summary, the Project will not conflict with any of the provisions of the Scoping Plan and in fact supports seven of the action categories. Further, recent studies show that the State’s existing and proposed regulatory framework will allow the State to reduce its GHG emissions level to 40% below 1990 levels by 2030. Therefore, impacts would be less than significant.

Table 4.6-5 2017 Scoping Plan Consistency Summary
Action Responsible Parties Conflict?
Implement SB 350 by 2030
Increase the Renewables Portfolio
Standard to 50% of retail sales by 2030
and ensure grid reliability.

CPUC,
CEC,
CARB
No conflict. The Project would use energy
from Southern California Edison (SCE).

SCE has committed to diversify its
portfolio of energy sources by increasing
energy from wind and solar sources. The
Project would not interfere with or obstruct
SCE energy source diversification efforts.
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Action Responsible Parties Conflict?
Establish annual targets for statewide
energy efficiency savings and demand
reduction that will achieve a cumulative
doubling of statewide energy efficiency
savings in electricity and natural gas end
uses by 2030.

No conflict. The Project would be
constructed in compliance with applicable
California Building Code requirements.

Specifically, new buildings must achieve
compliance with 2019 Building and Energy
Efficiency Standards and the 2019
California Green Building Standards
requirements, or the applicable standards in
place at the time building permit document
submittals are made. The proposed Project
includes energy efficient field lighting and
fixtures that meet the current Title 24
Standards throughout the Project site and
would be a modern development with
energy efficient boilers, heaters, and air
conditioning systems.

Reduce GHG emissions in the electricity
sector through the implementation of the
above measures and other actions as
modeled in Integrated Resource Planning
(IRP) to meet GHG emissions reductions
planning targets in the IRP process. Loadserving entities and publicly- owned utilities meet GHG emissions reductions
planning targets through a combination of
measures as described in IRPs.

Implement Mobile Source Strategy (Cleaner Technology and Fuels) At least 1.5 million zero emission and
plug-in hybrid light-duty EVs by 2025.

CARB,
California State
Transportation
Agency (CalSTA),
Strategic Growth
Council (SGC),
California
Department of
Transportation
(Caltrans),
CEC,
OPR,
Local Agencies
No conflict. This is a CARB Mobile Source
Strategy. The Project would not obstruct or
interfere with CARB zero emission and
plug-in hybrid light-duty EV 2025 targets.

As this is a CARB enforced standard,
vehicles that access the Project are required
to comply with the standards and will
therefore comply with the strategy.

At least 4.2 million zero emission and
plug-in hybrid light-duty EVs by 2030.

No conflict. This is a CARB Mobile Source
Strategy. The Project would not obstruct or
interfere with CARB zero emission and
plug-in hybrid light-duty EV 2030 targets.

As this is a CARB enforced standard,
vehicles that access the Project are required
to comply with the standards and will
therefore comply with the strategy.

Further increase GHG stringency on all
light-duty vehicles beyond existing
Advanced Clean cars regulations.

No conflict. This is a CARB Mobile Source
Strategy. The Project would not obstruct or
interfere with CARB efforts to further
increase GHG stringency on all light-duty
vehicles beyond existing Advanced Clean
cars regulations. As this is a CARB
enforced standard, vehicles that access the
Project are required to comply with the
standards and will therefore comply with
the strategy.
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Action Responsible Parties Conflict?
Medium- and Heavy-Duty GHG Phase 2.

No conflict. This is a CARB Mobile Source
Strategy. The Project would not obstruct or
interfere with CARB efforts to implement
Medium- and Heavy-Duty GHG Phase 2.

As this is a CARB enforced standard,
vehicles that access the Project are required
to comply with the standards and will
therefore comply with the strategy.

Innovative Clean Transit: Transition to a
suite of to-be-determined innovative clean
transit options. Assumed 20% of new
urban buses purchased beginning in 2018
will be zero emission buses with the
penetration of zero-emission technology
ramped up to 100% of new sales in 2030.

Also, new natural gas buses, starting in
2018, and diesel buses, starting in 2020,
meet the optional heavy-duty low-NOX
standard.

No conflict. The Project would not obstruct
or interfere with agency efforts to transition
to a suite of to-be-determined innovative
clean transit options.

Last Mile Delivery: New regulation that
would result in the use of low NOX or
cleaner engines and the deployment of
increasing numbers of zero-emission
trucks primarily for class 3-7 last mile
delivery trucks in California. This measure
assumes ZEVs comprise 2.5% of new
Class 3–7 truck sales in local fleets
starting in 2020, increasing to 10% in 2025
and remaining flat through 2030.

No conflict. The Project would not obstruct
or interfere with agency efforts to use low
NOX or cleaner engines or the deployment
of increasing numbers of zero-emission
trucks primarily for class 3-7 last mile
delivery trucks in California.

Further reduce VMT through continued
implementation of SB 375 and regional
Sustainable Communities Strategies;
forthcoming statewide implementation of
SB 743; and potential additional VMT
reduction strategies not specified in the
Mobile Source Strategy but included in the
document “Potential VMT Reduction
Strategies for Discussion.”
No conflict. This Project would not
obstruct or interfere with implementation of
SB 375 and would therefore not conflict
with this measure.

Increase stringency of SB 375 Sustainable
Communities Strategy (2035 targets). CARB
No conflict. The Project would not obstruct
or interfere with agency efforts to increase
stringency of SB 375 Sustainable
Communities Strategy.
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Action Responsible Parties Conflict?
Harmonize project performance with
emissions reductions and increase
competitiveness of transit and active
transportation modes (e.g., via guideline
documents, funding programs, project
selection, etc.).

CalSTA,
SGC,
OPR,
CARB,
Governor’s Office of
Business and
Economic
Development (GOBiz),
California
Infrastructure and
Economic
Development Bank
(IBank),
Department of
Finance (DOF),
California
Transportation
Commission (CTC),
Caltrans
No conflict. The Project would not obstruct
or interfere with agency efforts to
harmonize transportation facility project
performance with emissions reductions,
increase competitiveness of transit and
active transportation modes, implantation
of sidewalks/Class I shared use trails, and
bus stops.

By 2019, develop pricing policies to
support low-GHG transportation (e.g.,
low-emission vehicle zones for heavy
duty, road user, parking pricing, transit
discounts).

CalSTA,
Caltrans,
CTC,
OPR,
SGC,
CARB
No conflict. The Project would not obstruct
or interfere with agency efforts to develop
pricing policies to support low-GHG
transportation.

Implement California Sustainable Freight Action Plan
Improve freight system efficiency.

CalSTA,
CalEPA,
CNRA,
CARB,
Caltrans,
CEC,
GO-Biz
No conflict. This measure would apply to
all trucks accessing the Project site, this
may include existing trucks or new trucks
that are part of the statewide goods
movement sector. The Project would not
obstruct or interfere with agency efforts to
Improve freight system efficiency.

Deploy over 100,000 freight vehicles and
equipment capable of zero emission
operation and maximize both zero and
near-zero emission freight vehicles and
equipment powered by renewable energy
by 2030.

No conflict. The Project would not obstruct
or interfere with agency efforts to deploy
over 100,000 freight vehicles and
equipment capable of zero emission
operation and maximize both zero and nearzero emission freight vehicles and equipment powered by renewable energy
by 2030.

Adopt a Low Carbon Fuel Standard with a
Carbon Intensity reduction of 18%. CARB
No conflict. When adopted, this measure
would apply to all fuel purchased and used
by the Project in the state. The Project
would not obstruct or interfere with agency
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Action Responsible Parties Conflict?
efforts to adopt a Low Carbon Fuel
Standard with a Carbon Intensity reduction
of 18%.

Implement the Short-Lived Climate Pollutant Strategy (SLPS) by 2030 40% reduction in methane and
hydrofluorocarbon emissions below 2013
levels.

CARB,
CalRecycle,
CDFA,
California State
Water Resource
Control Board
(SWRCB),
Local Air Districts
No conflict. The Project would not obstruct
or interfere with agency efforts to reach a
40% reduction in methane and
hydrofluorocarbon emissions below 2013
levels or 50% reduction in black carbon
emissions below 2013 levels.
50% reduction in black carbon emissions
below 2013 levels.

By 2019, develop regulations and
programs to support organic waste landfill
reduction goals in the SLCP and SB 1383.

CARB,
CalRecycle,
CDFA,
SWRCB,
Local Air Districts
No conflict. The Project would not obstruct
or interfere with agency efforts to develop
regulations and programs to support
organic waste landfill reduction goals in the
SLCP and SB 1383.

Implement the post-2020 Cap-and-Trade
Program with declining annual caps. CARB
No conflict. Cap-and-Trade Program
provisions do not apply to this Project. The
Project would not obstruct or interfere
agency efforts to implement the post-2020
Cap-and-Trade Program.

By 2018, develop Integrated Natural and Working Lands Implementation Plan to secure California’s land base as a net carbon sink
Protect land from conversion through
conservation easements and other
incentives.

CNRA,
Departments Within
CDFA,
CalEPA,
CARB
No conflict. The Project would not obstruct
or interfere with agency efforts to protect
land from conversion through conservation
easements and other incentives. It should
also be noted that the Project site is not an
identified property that needs to be
conserved.

Increase the long-term resilience of carbon
storage in the land base and enhance
sequestration capacity.

No conflict. The Project site is currently
developed and does not comprise an area
that would effectively provide for carbon
sequestration. The Project would not
obstruct or interfere agency efforts to
increase the long-term resilience of carbon
storage in the land base and enhance
sequestration capacity.
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Action Responsible Parties Conflict?
Utilize wood and agricultural products to
increase the amount of carbon stored in the
natural and built environments.

No conflict. To the extent appropriate for
the proposed buildings, wood products
would be used in construction, including
for the roof structure. Additionally, the
proposed project includes landscaping.

Establish scenario projections to serve as
the foundation for the Implementation
Plan.

No conflict. The Project would not obstruct
or interfere with agency efforts to establish
scenario projections to serve as the
foundation for the Implementation Plan.

Implement Forest Carbon Plan
CNRA,
California
Department of
Forestry and Fire
Protection
(CAL FIRE),
CalEPA and
Departments Within
No conflict. The Project would not obstruct
or interfere with agency efforts to
implement Forest Carbon Plan.

Identify and expand funding and financing
mechanisms to support GHG reductions
across all sectors.

State Agencies &
Local Agencies
No conflict. The Project would not obstruct
or interfere with agency efforts to fund and
finance mechanisms to support GHG
reductions across all sectors.

4.6.6 CUMULATIVE IMPACT ANALYSIS
Implementation of a development project could contribute to global climate change through direct emissions of GHGs from on-site area sources and vehicle trips generated by the project, and indirectly through offsite energy production required for on-site activities, water use, and waste disposal. Because no single project is large enough to result in a measurable increase in global concentrations of GHG emissions, climate change impacts of a project are considered on a cumulative basis consistent with the requirements outlined in CEQA Guidelines Section 15064(h)(3). As discussed, implementation of the Project would result in net annual emissions that not exceed the GHG emissions significance threshold of 3,000 MT CO2e/yr. Therefore, Project-related GHG emissions and their contribution to global climate change would be not cumulatively considerable, and GHG emissions impacts would be less than significant.

4.6.7 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: Less-than-Significant Impact. Project GHG emissions would not exceed the 3,000 MT CO2e per year threshold. Therefore, impacts are less than significant. 493
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Threshold b: Less-than-Significant Impact. The Project would not conflict with applicable plans, policies, and regulations adopted for the purpose of reducing the emissions of GHG emissions.

Therefore, impacts are less than significant.

4.6.8 MITIGATION
Impacts would be less than significant; therefore, mitigation is not required. 494
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4.7 HAZARDS AND HAZARDOUS MATERIALS
The information and analysis presented in this Subsection is based in part on three technical studies to determine the presence or absence of hazardous materials on the Project site under existing conditions:
1) a report prepared by GeoTek, Inc. (referenced herein as “GeoTek”) titled “Phase I Environmental Site Assessment, Assessor’s Parcel Number (APN) 375-331-04, 534 Struck Avenue, Orange, Orange County, California 92867” (Phase I ESA) and dated March 31, 2020 (GeoTek, 2020b); and 2) a report prepared by GeoTek titled “Limited Phase II Environmental Site Assessment, 534 Struck Avenue, Orange, Orange County, California 92867” (Phase II ESA) and dated June 30, 2020 (GeoTek, 2020c), and 3) a report prepared by Ramboll US Corporation (referenced herein as “Ramboll”) titled “Soil Management Plan, Proposed Industrial Development, 534 West Struck Avenue, Orange, California” (Ramboll, 2020). These reports are provided as Technical Appendices H1, H2, and H3 to this EIR, respectively. This Subsection also relies on information from the City General Plan (Orange, 2010b); the City General Plan EIR (Orange, 2010a); Cal Fire – Fire Hazard Severity Zone Map (Cal Fire, 2011); and Google Earth (Google Earth, 2022). All references used in this Subsection are listed in EIR Section 7.0, References.

In this EIR, the term “toxic substance” is defined as a substance that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may present an unreasonable risk of injury to human health or the environment. Toxic substances include chemical, biological, flammable, explosive, and radioactive substances.

In this EIR, the term “hazardous material” is defined as a substance that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may: 1) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, disposed of, or otherwise mismanaged; or 2) cause or contribute to an increase in mortality or an increase in irreversible or incapacitating illness.

Hazardous waste is defined in the California Code of Regulations, Title 22, Section 66261.3. The defining characteristics of hazardous waste are: ignitability (oxidizers, compressed gases, and extremely flammable liquids and solids), corrosivity (strong acids and bases), reactivity (explosives or generates toxic fumes when exposed to air or water), and toxicity (materials listed by the U.S.

Environmental Protection Agency [EPA] as capable of inducing systemic damage to humans or animals). Certain wastes are called “Listed Wastes” and are found in the California Code of Regulations, Title 22, Sections 66261.30 through 66261.35. Wastes appear on the lists because of their known hazardous nature or because the processes that generate them are known to produce hazardous wastes (which are often complex mixtures).

4.7.1 EXISTING CONDITIONS
Until the end of 2020, the Project site was occupied by Nursery Supplies, Inc., a manufacturer of plastic nursery planting pots. The Project site contains one approximately 40,000 sf concrete tilt-up building, 495
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five open canopy storage areas, 14 silos for plastic granule storage, additional open storage areas and parking/drive areas. The site is accessed via an asphalt-paved entrance along West Struck Avenue.

A. Historical Review, Regulatory Records Review, and Field Reconnaissance

1. Historical Review
GeoTek reviewed various sources of information to determine the historical use of the Project site, including historical aerial photographs, historical topographic maps, Environmental Data Resources (EDR) collection of regulatory database records, historical site occupants, and historical site ownership records. Refer to the Project’s Phase I ESA (refer to Technical Appendix H1) for a detailed accounting of GeoTek’s research procedure.

The Project site was found to have been utilized for agricultural purposes from at least 1938 until at least 1966. One structure can be seen on the southern portion of the Project site in an aerial photograph dated 1972. No other structures were present on the site. An aerial photograph dated 1977 shows the existing concrete tilt-up structure on the site. Cosden Oil and Chemical Company and Sterling Plastics formerly operated on the Project site, both of which produced polystyrene pellets. Nursery Supplies, Inc. began occupation of the property in 1984. In aerial photographs dated 2016 and 2018, all of the site’s existing structures are present. The surrounding properties were utilized for agriculture from at least 1938 to at least 1952. The industrial and commercial development present to the west and south of the Project site can be seen in an aerial photograph dated 1963.

2. Regulatory Records Review
A review of the regulatory database report provided by Environmental Data Resources, Inc. (EDR) in accordance with ASTM E1527-13 was conducted to determine if the Project is a listed regulatory site.

The regulatory database report is included in Technical Appendix H1 to this EIR. The Project site is listed on the following databases: EPA-Superfund Enterprise Management System including archived sites (SEMS-ARCHIVE), CEPA-Envirostor Database, CERS HAZ WASTE, HAZNET, California Integrated Water Quality System (CIWQS), CERS, Hazardous Waste Transporter Database (HWTS), RCRA NonGen/NLR, Facility Index System/Facility Registry System (FINDS), Enforcement and Compliance History Information (ECHO), National Pollutant Discharge Elimination System (NPDES), Waste Discharge System (WDS), Aboveground Petroleum Storage Tank Facilities (AST).

3. Field Reconnaissance
GeoTek conducted an inspection of the Project site and surrounding area on March 5, 2020. Visual evidence of hazardous substances and wastes were observed during the site reconnaissance. Visual indication of spills, leaks, and stains were observed. Several areas of staining were noted on the concrete near trash cans, storage containers, scrap machinery, storage areas and used oil containment areas. No pungent or acrid odors were observed emanating from the site. Current observed conditions at the site indicate generally poor housekeeping and documentation regarding hazardous materials and wastes (GeoTek, 2020b). Based on the historic recognized environmental condition and on-site 496
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conditions, the Phase I ESA recommended additional soil sampling to ensure the site has been cleaned prior to construction.

B. Phase II Environmental Site Assessment
A limited Phase II ESA was prepared to conduct soil and soil vapor sampling consistent with the recommendations of the Phase I ESA. A site reconnaissance was performed on May 20, 2020 by a geologist from GeoTek. The Phase II field investigation commenced on May 26, 2020 and was completed on May 27, 2020 (GeoTek, 2020c). GeoTek advanced 16 exploratory borings (Borings B1 through B-16) at the Project site within the parking/driving areas. The boring locations are depicted on Figure 12, Boring Location Map, of the Phase I ESA in Technical Appendix H1 of this EIR.

Boring B-1, B-2, and B-5 through B-16 were drilled to an approximate depth of 10 feet below existing grades. Borings B-3 and B-4 were drilled within the approximate location of the previous underground storage tanks and were drilled to an approximate depth of 15 feet below existing grades (GeoTek, 2020c). Detectable quantities of the VOC constituents freon 113; 1,1,1-trichloroethene; dichlorodifluoromethane; trichlorofluoromethane; trichloroethene; and tetrachloroethene were detected from all borings. VOC concentrations for the constituents trichloroethene and tetrachloroethene were detected above screening levels for industrial air in two of the 16 borings, which include B-11 and B-12. These two borings are in the southwest corner of the Project site. (GeoTek, 2020c).

4.7.2 REGULATORY FRAMEWORK
The following is a brief description of the federal, state, and local environmental laws and related regulations related to hazards and hazardous materials.

A. Hazardous Materials Regulations and Plans

1. Federal Regulations
 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Superfund Amendments and Reauthorization Act (SARA)
The Comprehensive Environmental Response, Compensation, and Liability Act, also known as CERCLA or Superfund, provides a Federal "Superfund" to clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment. Through CERCLA, the Environmental Protection Agency (EPA) was given power to seek out those parties responsible for any release and assure their cooperation in the cleanup. EPA cleans up orphan sites when potentially responsible parties cannot be identified or located, or when they fail to act. Through various enforcement tools, EPA obtains private party cleanup through orders, consent decrees, and other small party settlements. EPA also recovers costs from financially viable individuals and companies once a response action has been completed. (EPA, 2020b)
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EPA is authorized to implement the Act in all 50 states and U.S. territories. Superfund site identification, monitoring, and response activities in states are coordinated through the state environmental protection or waste management agencies. (EPA, 2020b) The Superfund Amendments and Reauthorization Act (SARA) of 1986 reauthorized CERCLA to continue cleanup activities around the country. Several site-specific amendments, definitions clarifications, and technical requirements were added to the legislation, including additional enforcement authorities. Also, Title III of SARA authorized the Emergency Planning and Community Right-to-Know Act (EPCRA). (EPA, 2020b)
 Resource Conservation and Recovery Act (RCRA)
The Resource Conservation and Recovery Act (RCRA) gives EPA the authority to control hazardous waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous solid wastes. The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances. (EPA, 2020c) The Federal Hazardous and Solid Waste Amendments (HSWA) are the 1984 amendments to RCRA that focused on waste minimization and phasing out land disposal of hazardous waste as well as corrective action for releases. Some of the other mandates of this law include increased enforcement authority for EPA, more stringent hazardous waste management standards, and a comprehensive underground storage tank program. (EPA, 2020c)
 Hazardous Materials Transportation Act (HMTA)
The Hazardous Materials Transportation Act of 1975 (HMTA) empowered the Secretary of Transportation to designate as hazardous material any "particular quantity or form" of a material that "may pose an unreasonable risk to health and safety or property." (OSHA, n.d.) Hazardous materials regulations are subdivided by function into four basic areas:
• Procedures and/or Policies 49 CFR Parts 101, 106, and 107 • Material Designations 49 CFR Part 172
• Packaging Requirements 49 CFR Parts 173, 178, 179, and 180 • Operational Rules 49 CFR Parts 171, 173, 174, 175, 176, and 177 (OSHA, n.d.) The HMTA is enforced by use of compliance orders [49 U.S.C. 1808(a)], civil penalties [49 U.S.C. 1809(b)], and injunctive relief (49 U.S.C. 1810). The HMTA (Section 112, 40 U.S.C. 1811) preempts state and local governmental requirements that are inconsistent with the statute, unless that requirement affords an equal or greater level of protection to the public than the HMTA requirement. (OSHA, n.d.) 498
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 Hazardous Materials Transportation Uniform Safety Act of 1990 In 1990, Congress enacted the Hazardous Materials Transportation Uniform Safety Act (HMTUSA) to clarify the maze of conflicting state, local, and federal regulations. Like the HMTA, the HMTUSA requires the Secretary of Transportation to promulgate regulations for the safe transport of hazardous material in intrastate, interstate, and foreign commerce. The Secretary also retains authority to designate materials as hazardous when they pose unreasonable risks to health, safety, or property. (OSHA, n.d.)
The statute includes provisions to encourage uniformity among different state and local highway routing regulations, to develop criteria for the issuance of federal permits to motor carriers of hazardous materials, and to regulate the transport of radioactive materials. (OSHA, n.d.)  Occupational Safety and Health Act (OSHA)
Congress passed the Occupational and Safety Health Act (OSHA) to ensure worker and workplace safety. Their goal was to make sure employers provide their workers a place of employment free from recognized hazards to safety and health, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. (EPA, 2019) In order to establish standards for workplace health and safety, the Act also created the National Institute for Occupational Safety and Health (NIOSH) as the research institution for OSHA. OSHA is a division of the U.S. Department of Labor that oversees the administration of the Act and enforces standards in all 50 states. (EPA, 2019)
 Toxic Substances Control Act
The Toxic Substances Control Act (TSCA) of 1976 provides EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics, and pesticides. TSCA addresses the production, importation, use, and disposal of specific chemicals including polychlorinated biphenyls (PCBs), asbestos, radon, and lead-based paint. (EPA, 2020d)
Various sections of TSCA provide authority to:
• Require, under Section 5, pre-manufacture notification for "new chemical substances" before manufacture
• Require, under Section 4, testing of chemicals by manufacturers, importers, and processors where risks or exposures of concern are found
• Issue Significant New Use Rules (SNURs), under Section 5, when it identifies a "significant new use" that could result in exposures to, or releases of, a substance of concern. 499
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• Maintain the TSCA Inventory, under Section 8, which contains more than 83,000 chemicals.

As new chemicals are commercially manufactured or imported, they are placed on the list. • Require those importing or exporting chemicals, under Sections 12(b) and 13, to comply with certification reporting and/or other requirements.
• Require, under Section 8, reporting and record-keeping by persons who manufacture, import, process, and/or distribute chemical substances in commerce. • Require, under Section 8(e), that any person who manufactures (including imports), processes, or distributes in commerce a chemical substance or mixture and who obtains information which reasonably supports the conclusion that such substance or mixture presents a substantial risk of injury to health or the environment to immediately inform EPA, except where EPA has been adequately informed of such information. EPA screens all TSCA b§8(e) submissions as well as voluntary "For Your Information" (FYI) submissions. The latter are not required by law, but are submitted by industry and public interest groups for a variety of reasons. (EPA, 2020d)

2. State Regulations
 Cal/OSHA and the California State Plan
Under an agreement with OSHA, since 1973 California has operated an occupational safety and health program in accordance with Section 18 of the federal OSHA. The State of California’s Department of Industrial Relations administers the California Occupational Safety and Health Program, commonly referred to as Cal/OSHA. The State of California’s Division of Occupational Safety and Health (DOSH) is the principal agency that oversees plan enforcement and consultation. In addition, the California State program has an independent Standards Board responsible for promulgating State safety and health standards, and reviewing variances. It also has an Appeals Board to adjudicate contested citations and the Division of Labor Standards Enforcement to investigate complaints of discriminatory retaliation in the workplace. (OSHA, n.d.) Pursuant to 29 CFR 1952.172, the California State Plan applies to all public and private sector places of employment in the state, with the exception of federal employees, the United States Postal Service, private sector employers on Native American lands, maritime activities on the navigable waterways of the United States, private contractors working on land designated as exclusively under federal jurisdiction and employers that require federal security clearances. Cal/OSHA is the only agency in the state authorized to adopt, amend, or repeal occupational safety and health standards or orders. In addition, the Standards Board maintains standards for certain things not covered by federal standards or enforcement, including: elevators, aerial passenger tramways, amusement rides, pressure vessels and mine safety training. The Cal/OSHA enforcement unit conducts inspections of California workplaces in response to a report of an industrial accident, a complaint about an occupational safety and health hazard, or as part of an inspection program targeting industries with high rates of occupational hazards, fatalities, injuries or illnesses. (OSHA, n.d.) 500
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 California Hazardous Waste Control Law
The Hazardous Waste Control Law (HWCL) (Health and Safety Code [HSC], Division 20, Chapter

6.5, Section 25100, et seq.) is the primary hazardous waste statute in California. The HWCL implements RCRA as a “cradle-to-grave” waste management system in the state. It specifies that generators have the primary duty to determine whether their wastes are hazardous and to ensure its proper management. The HWCL also establishes criteria for the reuse and recycling of hazardous wastes used or reuse as raw materials. The HWCL exceeds federal requirements by mandating source reduction planning and broadening requirements for permitting facilities that treat hazardous waste. It also regulates a number of waste types and waste management activities not covered by federal law (RCRA). (CA Legislative Info, n.d.)
 California Code of Regulations (CCR), Titles 22 and 26 A variety of California Code of Regulation (CCR) titles address regulations and requirements for generators of hazardous waste. Title 22 contains detailed compliance requirements for hazardous waste generators, transporters, and facilities for treatment, storage, and disposal. Because California is a fully-authorized state according to RCRA, most regulations (i.e., 40 CFR 260, et seq.) have been duplicated and integrated into Title 22. However, because the Department of Toxic Substances Control (DTSC) regulates hazardous waste more stringently than the EPA, the integration of state and federal hazardous waste regulations that make up Title 22 does not contain as many exemptions or exclusions as does 40 CFR 260. As with the HSC, Title 22 also regulates a wider range of waste types and waste management activities than does RCRA. To aid the regulated community, California has compiled hazardous materials, waste, and toxics-related regulations from CCR, Titles 3, 8, 13, 17, 19, 22, 23, 24 and 27 into one consolidated listing: CCR Title 26 (Toxics). However, the hazardous waste regulations are still commonly referred to collectively as “Title 22.” (DTSC, n.d.; DTSC, 2019)

4.7.3 BASIS FOR DETERMINING SIGNIFICANCE
Section VIII of Appendix G to the CEQA Guidelines addresses typical adverse effects due to hazards and hazardous materials, and includes the following threshold questions to evaluate the Project’s impacts from hazards and hazardous materials (OPR, 2019):
• Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials;
• Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment;
• Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school; 501
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• Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment;
• For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area; • Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan;

4.7.4 IMPACT ANALYSIS
Threshold a: Would the Project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? A significant impact may occur if a project would involve the use or disposal of hazardous materials as part of its routine operations, or would have the potential to generate toxic or otherwise hazardous emissions that could adversely affect sensitive receptors. The Project Applicant proposes to redevelop the Project site with a building that has the potential to store hazardous materials during the future building user’s daily operations.

A. Project Construction

1. General Construction Hazardous Waste
Heavy equipment (e.g., dozers, excavators, tractors) would operate on the subject property during construction of the Project. Heavy equipment is typically fueled and maintained by petroleum‐based substances such as diesel fuel, gasoline, oil, and hydraulic fluid, which is considered hazardous if improperly stored or handled. Also, materials such as paints, adhesives, solvents, and other substances typically used in building construction would be located on the Project site during construction.

Improper use, storage, or transportation of hazardous materials can result in accidental releases or spills, potentially posing health risks to workers, the public, and the environment. This is a standard risk on all construction sites, and there would be no greater risk for improper handling, transportation, or spills associated with the proposed Project than would occur on any other similar construction site.

Construction contractors would be required to comply with all applicable federal, State, and local laws and regulations regarding the transport, use, and storage of hazardous construction‐related materials, including but not limited requirements imposed by the EPA, California Department of Toxic Substances Control (DTSC), South Coast AQMD, and Santa Ana Regional Water Quality Control Board (RWQCB). With mandatory compliance with applicable hazardous materials regulations, the Project would not create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials during the construction phase. Impacts would be less than significant.
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2. Impacted Soils
Construction activities required to redevelop the Project site would involve the disturbance of on-site soils. There is the potential for the discovery of contamination during these activities due to past reported evidence of soil contamination and underground storage tanks.

As discussed previously, the Project site was previously occupied by Nursing Supplies, Inc. a manufacturer of plastic nursery planting pots. The site has reported past evidence of soil contamination and underground storage tanks. Additionally, the site has reported compliance violations from the County of Orange Health Care Agency – Environmental Health regarding spill control and secondary containment for bulk storage containers on site. The site was “cleaned” of contaminated soils approximately 34 years ago (GeoTek, 2020b). As part of the limited Phase II ESA investigation, detectable quantities of the VOC constituents freon 113; 1,1,1-trichloroethene; dichlorodifluoromethane; trichlorofluoromethane; trichloroethene; and tetrachloroethene were detected from all borings. VOC concentrations for the constituents trichloroethene and tetrachloroethene were detected above screening levels for industrial air in two of the 16 borings, which include B-11 and B-12. These two borings are in the southwest corner, within the proposed parking area and/or stormwater disposal area of the Project site. (GeoTek, 2020c). Therefore, contaminated soils encountered during construction could pose a health risk to workers and the general public during removal, handling, and transport.

Contaminated soils would be removed and disposed of off-site in accordance with all applicable regulatory guidelines which include:
• South Coast AQMD Rule 1166 requirements: The rule requires monitoring of soils contaminated with VOCs during excavation or grading. A Rule 1166 permit must be obtained from South Coast AQMD prior to the start of work. Field monitoring will be conducted as required under Rule 1166 and soils will be monitored for VOCs in accordance with the South Coast AQMD Executive Officer. In the event that VOC detections reach or exceed 50 parts per million, further grading or excavation activities would be conducted in accordance with Rule 1166 to minimize releases of VOCs to air. Monitoring and record keeping would be submitted to the South Coast AQMD.
• South Coast AQMD Rule 403: Best available dust control measures and monitoring for fugitive dust would be conducted in accordance with South Coast AQMD’s Rule 403. In order to minimize exposure of on-site grading workers to dust and minimize dust from migrating offsite, various dust control measures would be implemented, including: spraying water on soil, limiting vehicle speeds on-site to 5 miles per hour or less, controlling excavation activities, cleaning up track-outs at the end of each work day, minimizing drop heights during vehicle loading, and covering exposed stockpiles.
• SWRCB General Construction Permit: A SWPPP for construction would need to be in place prior to the start of grading. A SWPPP requires the incorporation of best management practices 503
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to control sediment, erosion, and hazardous materials contamination of runoff during construction and prevent contaminants from reaching receiving water bodies. • Certification. Contractors performing work directly involving impacted soil will be required to possess an active California State contractor’s license with a Hazardous Substances Removal certification.

3. Soil Management Plan
The Project’s Phase I and Phase II ESA identified environmental concerns related to the historical widespread chemical use, storage, and disposal operations/practices at the site, which resulted in soil contamination that was the subject of prior remedial actions. The facility historically maintained numerous USTs and discrepancies reportedly exist as to the number and type of USTs and their decommissioning/removal status. There are no known USTs currently at the site.

As discussed, there is a potential for the Project site to contain impacted soil or other subsurface features (pits, sumps, clarifies, or USTs) that may need to be appropriately and expeditiously managed due to additional agency oversight and/or any permitting necessary to properly abandon such features.

In order to ensure public and worker safety, an SMP was prepared (Technical Appendix H3) to provide procedures for efficiently managing potentially-impacted soils and/or USTs during site preparation activities. During earthwork activities the grading contractor is required to follow the SMP in areas of potentially impacted soil. Contractors must follow the applicable California Department of Health and Safety Administration (Cal/OSHA) regulations for construction safety in California Code of Regulations (CCR) Title 8, Sections 1500-1938. Contractor employees involved in remediation activities must be HAZWOPER-trained personnel. SMP Section 3, includes several requirements including but not limited to dust control and storm water runoff control measures; procedures and notification protocols for managing impacted soils; engineering controls to limit vapor emissions, toxic air contaminants, and visibly contaminated/odorous soils; and permitting procedures for removal of inadvertent discovery of subsurface features (i.e., USTs, sumps, pits, clarifiers). Additionally, the SMP outlines the soil sample methodology, applicable performance standards, characterization, and proper disposal. SMP, Section 4 establishes excavation and soil removal procedures. SMP, Section 5 describes construction BMPs to reduce or prevent the discharge of pollutants from construction activities, which include but are not limited to, keeping spill kits on-site, checking all equipment for leaks and repair leaking equipment properly, limit fugitive dust during excavation, protecting storm drains, and scheduling excavation work for dry weather periods when possible. A comprehensive list of the Project’s construction BMPs is provided in Appendix F.3 of the Soil Management Plan, in Technical Appendix H3 of this EIR (Ramboll, 2020).

Without implementation of the SMP, potential impacts related to routine transport, use, or disposal of contaminated or potentially contaminated soils are potentially significant. 504
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4. Demolition
A recognized environmental condition (REC) is defined by the American Society for Testing Materials (ASTM) as, “the presence or likely presence of any hazardous substances or petroleum products in, on, or at the property: 1) due to a release to the environment; 2) under conditions indicative of a release to the environment, or 3) under conditions that pose a material threat of a future release to the environment.”
The use of asbestos-containing materials (ACM, a known carcinogen) and lead-based paint (LBP) (a known toxic), both of which are considered hazardous materials, was a common building construction prior to 1978 and may be present in the existing building. All proposed demolition activities would be required to comply with all applicable federal, State, and local hazardous materials regulation, which includes mandatory provisions for the safe removal, transport, and disposal of ACMs and lead paint.

South Coast AQMD Rule 1403 (Asbestos Emissions) and Title 17 of the California Code of Regulations (CCR), Division 1, Chapter 8: Accreditation, Certification, and Work Practices for LeadBased Paint and Lead Hazards applies.

South Coast AQMD Rule 1403 establishes survey requirements, notification, and work practice requirements to prevent asbestos emissions from emanating during building renovation and demolition activities. Assuming that ACMs are present in the existing structure located on-site, then Rule 1403 requires notification of the South Coast AQMD prior to commencing any demolition activities. Rule 1403 also sets forth specific procedures for the removal of asbestos and requires that an on-site representative trained in the requirements of Rule 1403 be present during the stripping, removing, handling, or disturbing of ACM. Mandatory compliance with the provisions of Rule 1403 would ensure that construction-related grading, clearing, and demolition activities do not expose construction workers or nearby sensitive receptors to significant health risks associated with ACMs. Because future development on the Project site would be required to comply with AQMD Rule 1403 during demolition activities, impacts due to asbestos would be less than significant.

Title 17, CCR, Division 1, Chapter 8: Accreditation, Certification and Work Practices for Lead-Based Paint and Lead Hazards, defines and regulates lead-based paint. Any detectable amount of lead is regulated. During the demolition of the existing manufacturing building, there is a potential for exposing construction workers to health hazards associated with lead. The Project would be required to comply with Title 17, CCR, Division 1, Chapter 8, which includes requirements such as employerprovided training, air monitoring, protective clothing, respirators, and handwashing facilities.

Mandatory compliance with these requirements would ensure that construction workers and the public are not exposed to significant LBP health hazards or upset during demolition and/or during transport of demolition waste to an appropriate disposal facility and would ensure that impacts related to LBP remain less than significant. Accordingly, neither ACMs nor lead paint are determined to be a significant hazard on the Project site.
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B. Project Operation
As previously mentioned, the Project would be occupied with a truck terminal use and although the end user is unknown at this time, it is possible that hazardous materials could be used during the future building user’s daily operations. State and federal Community-Right-to-Know laws allow public access to information about the amounts and types of chemicals in use at local businesses. Laws also are in place that requires businesses to plan and prepare for possible chemical emergencies. The City follows the County’s Hazardous Materials Inspection and Enforcement Plan (Orange, 2010b). To prevent accidents, and ensure proper handling, routine inspections are conducted at businesses within the City that store, use, or handle hazardous materials. The City concentrates the production of hazardous materials within its industrial area, separated from residential areas, educational uses, and institutional facilities. The City also identifies businesses transporting, manufacturing, using, and storing hazardous chemicals, and requires such businesses to exercise caution and to mitigate potential negative effects on surrounding land uses prior to obtaining business licenses. Additionally, any business handling at any one time, greater than 500 pounds of solid, 55 gallons of liquid, or 200 cubic feet of gaseous hazardous material, is required, under Assembly Bill 2185 (AB 2185), to file a Hazardous Materials Business Emergency Plan (HMBEP). An HMBEP is a written set of procedures and information created to help minimize the effects and extent of a release or threatened release of hazardous material. The HMBEP intends to satisfy federal and State Community Right-To-Know laws and to provide detailed information for use by emergency responders.

If businesses that use or store hazardous materials occupy the Project, the business owners and operators would be required to comply with all applicable federal, State, and local regulations to ensure proper use, storage, use, emission, and disposal of hazardous substances (as described above). With mandatory regulatory compliance, the Project is not expected to pose a significant hazard to the public or the environment through the routine transport, use, storage, emission, or disposal of hazardous materials. Impacts would be less than significant.

Threshold b: Would the Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
During Project construction, there is a possibility of accidental release of hazardous substances such as petroleum-based fuels or hydraulic fluid used for construction equipment. The level of risk associated with the accidental release of hazardous substances is not considered significant due to the small volume and low concentration of hazardous materials utilized during construction. The construction contractor would be required to use standard construction controls and safety procedures that would avoid and minimize the potential for accidental release of such that any materials released are appropriately contained and remediated as required by local, State, and federal law.

A. Construction
The proposed Project would comply with the requirements of applicable laws and regulations governing upsets and accidents including the requirements of the hazardous materials disclosure 506
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program, the California Accidental Release Prevention Program, the hazardous materials release response plans and inventory program, and California Health and Safety Code Section 25500.

Additionally, strict adherence to the City of Orange emergency response plan requirements would be required through the duration of the Project construction phase.

These requirements would ensure that all potentially hazardous materials are handled in an appropriate manner and would minimize the potential for upset and accident conditions. For example, all spills or leakage of petroleum products during construction activities are required to be immediately contained, the hazardous material identified, and the material remediated in compliance with applicable state and local regulations for the cleanup and disposal of that contaminant. All contaminated waste would be required to be collected and disposed of at an appropriately licensed disposal or treatment facility.

Therefore, this impact is considered less than significant.

B. Operation
Regulatory requirements pertaining to upsets and accidents following during the construction phase would also be implemented during the operational phase. For the operational phase, both the federal government and the State of California require that the operator files a hazardous materials business plan. These requirements would ensure that all potentially hazardous materials are handled in an appropriate manner and would minimize the potential for safety impacts. With mandatory regulatory compliance, the Project would not increase the potential for accident conditions which could result in the release of hazardous materials into the environment. Impacts would be less than significant.

Threshold c: Would the Project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
The closest existing schools to the Project site are California Elementary School and Yorba Middle School located approximately 0.78 miles east of the Project site. Implementation of the Project would not have the potential to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 miles of an existing or proposed school. No impacts would occur.

Threshold d: Would the Project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? The Project site appears on the EnviroStor database sites; however, this listing represents a historic REC at the site. A historic REC refers to a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority (EDR, 2016). The status of the site is listed as “refer: other agency” and no further action (NFA) was recommended for the site as “remediation of soil was completed by Orange County.” With the consideration of the absence of reported violations, spills, or releases, the Project site is not considered to be a REC (GeoTek, 2020b). Therefore, the Project would not create a significant hazard to the public or environment and impacts would be less than significant. 507
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Threshold e: For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project result in a safety hazard or excessive noise for people residing or working in the project area?
The closest airport to the Project site is the Fullerton Municipal Airport located approximately 8.0 miles northwest. The Project site is not within an airport land use plan or within 2 miles of a public airport or public use airport. Implementation of the Project would not result in a safety hazard or excessive noise for people residing or working within the Project area. No impacts would occur.

Threshold f: Would the Project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
The City has an adopted emergency plan that establishes emergency preparedness and emergency response procedures for both peacetime and wartime disasters. The plan is termed an “Emergency Operations Plan,” prepared in accordance with the State Office of Emergency Services guidelines for multi-hazard functional planning. The plan consists of 3 parts: 1) a basic plan; 2) specific functions and duties of response agencies; 3) a directory of emergency response resources. The City’s plan concentrates on specific agency response for any type of disaster.

All City arterials are recognized as primary emergency response routes. Additionally, non-arterials can be secondary emergency response routes. If current emergency vehicle access does not meet response standards, traffic calming efforts should not further degrade response times. The City’s Emergency Operations Plan does not indicate evacuation routes for emergencies adjacent to the Project site. The routes of escape from disaster-stricken areas would depend on the scale and scope of the disaster. As shown in Figure PS-4 of the City’s General Plan Public Safety Element, Katella Avenue is the closest designated evacuation corridor in the City to the Project site. The Project is not anticipated to affect access to Katella Avenue during construction, and would not require road closures or otherwise impact the functionality of this, or other designated evacuation corridors.

Additionally, the Project would not affect emergency access. The Project is required to comply with applicable fire codes established by the Orange County Fire Authority (OCFA). The Project would be required to go through the City’s development review and permitting process and would be required to incorporate all appliable design and safety standards and regulations in the California Fire Code and the OMC. Incorporation of applicable design and safety standards and regulations would ensure that the Project’s development does not interfere with the provision of local emergency services.

Based on the foregoing, the implementation of the Project would not impair the implementation of or physically interfere with the City’s Emergency Operation Plan, the General Plan Public Safety Element, or any other emergency response plan. Impacts would be less than significant. 508
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Threshold g: Would the Project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? The Project site is fully developed and is within a completely urbanized area that is void of any wildland areas. Additionally, according to the California Department of Forestry and Fire Protection (CalFire), the Project site is not within a very high fire hazard severity zone. Implementation of the Project would not expose people or structures to a significant risk involving wildland fires. No impacts would occur.

4.7.5 CUMULATIVE IMPACT ANALYSIS
As discussed above under the responses to Thresholds “a” and “b,” the Project’s construction and operation would be required to comply with all applicable federal, State, and local regulations to ensure proper use, storage, and disposal of hazardous substances. Although the end user(s) of the Project site are currently unknown, if businesses that use or store hazardous materials occupy the Project, the business owners and operators would be required to comply with all applicable federal, state, and local regulations to ensure proper use, storage, and disposal of hazardous substances. Such uses also would be subject to additional review and permitting requirements by the Orange County Fire Department.

Similarly, any other developments in the area proposing the construction of uses with the potential for use, storage, or transport of hazardous materials also would be required to comply with applicable federal, State, and local regulations, and such uses would be subject to additional review and permits from their local oversight agency. Although there is on-site contamination present, compliance with mitigation measures would ensure isolation of any impacts to the Project site and would not have the ability to impact the surrounding area. Therefore, the potential for release of toxic substances or hazardous materials into the environment, either through accidents or due to routine transport, use, or disposal of such materials, would be reduced to a less-than-significant cumulative level. Accordingly, the Project’s potential to contribute to a cumulatively significant hazardous materials impact would be less than significant.

The Project site is not located within one-quarter mile of an existing or planned school; therefore, the Project would not contribute to a cumulatively significant hazards/hazardous materials impact on any public or private schools located within one-quarter mile of the site.

The Project site is not located on the list of hazardous materials sites compiled pursuant to Government Code Section 65962.5; therefore, the Project has no potential to contribute to substantial, cumulative effects related to the development or re-development of contaminated property.

As discussed above under the response to Threshold “e,” the Project is not located within 2 miles of a public airport or public use airport; therefore, the Project would not result in a safety hazard or excessive noise for people residing or working in the Project area and would not contribute to a cumulatively-considerable impact associated with airport hazards. 509
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The Project site does not contain any emergency facilities nor does it serve as an emergency evacuation route; thus, there is no potential for the Project to contribute to any cumulative impacts associated with an adopted emergency response plan or emergency evacuation plan.

As discussed above under Threshold “g,” the Project site is not located within or in close proximity to areas identified as being subject to wildland fire hazards and would have no potential to contribute to adverse, cumulative wildland fire hazards.

4.7.6 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: Significant Direct and Cumulatively-Considerable Impact. The Project site contains soils contaminated with VOC although not expected to pose a substantial risk to the environment or people on the Project site, could require remediation. Remediation of existing contamination would result in an improved long-term environmental condition at the Project site.

Threshold b: Less-than-Significant Impact. During Project construction and operations, mandatory compliance to federal, State, and local regulations would ensure that the proposed Project would not create a significant hazard to the environment due to routine transport, use, disposal, or upset of hazardous materials.

Threshold c: No Impact. The Project site is not located within one-quarter mile of any existing or proposed school. Accordingly, the Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. Impacts to schools located more than one-quarter mile of the Project site would be less than significant.

Threshold d: Less-than-Significant Impact. The Project site is listed on the EnviroStor database sites; however, this listing represents a historic REC at the site. The status of the site is listed as “refer: other agency” and no further action (NFA) was recommended for the site as “remediation of soil was completed by Orange County.” With the consideration of the absence of reported violations, spills, or releases, the Project site is not considered to be a REC and would not create a significant hazard to the public or environment and impacts would be less than significant.

Threshold e: No Impact. The Project site is not within an airport land use plan or within 2 miles of a public airport or public use airport. As such, the Project would not result in an airport safety hazard for people residing or working in the Project area.

Threshold f: Less-than-Significant Impact. The Project site does not contain any emergency facilities nor does it serve as an emergency evacuation route. During construction and long-term operation, adequate emergency vehicle access is required to be provided. Accordingly, implementation of the Project would not impair implementation of or physically interfere with an adopted emergency response plan or an emergency evacuation plan.
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Threshold g: No Impact. The Project site is not located in close proximity to wildlands or areas with high fire hazards. Thus, the Project would not expose people or structures to a significant wildfire risk.

4.7.7 MITIGATION
MM 4.7-1 The Project Contractor shall adhere to the protocols and performance standards stipulated in the SMP (Technical Appendix H3). Contractors working at the site follow all applicable Cal/OSHA regulations for construction safety. A Completion Report shall be prepared at the conclusion of grading activities. The report shall document field monitoring activities and visual observations made during grading/excavations, as well as soil sampling locations and results. The report shall include a description of the location of impacted soil encountered, actions taken to characterize and mitigate impacts, confirmation soil sampling results, and disposition of any excavated soil. In addition, the report shall include a description of encountered subsurface structures and steps to remove and close such structures. The report shall be reviewed and approved by the City of Orange Community Development Director, prior to issuance of building permits.

4.7.8 SIGNIFICANCE OF IMPACTS AFTER MITIGATION
Threshold a: Less-than-Significant Impact. Implementation of Mitigation Measure MM 4.7-1 would ensure that any contaminated soils or other contaminated materials encountered during Project construction that are determined to be hazardous by an applicable government oversight agency are appropriately remediated so that they would not pose a hazard to the public or the environment during construction or in the long-term. As such, implementation of the Project would result in an improved environmental condition by addressing and remediating any existing environmental hazards.

Accordingly, the impacts would be less than significant after the implementation of Mitigation Measure MM 4.7-1.
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4.8 HYDROLOGY AND WATER QUALITY
Information in this subsection is primarily based on the “Priority Water Quality Management Plan for 534 Struck Ave Redevelopment Project” (WQMP), prepared by Albert A. Webb Associates (hereinafter, Webb) dated November 2021; and the “534 W. Struck Avenue Redevelopment Project Orange, California Preliminary Drainage Study” (Drainage Study), prepared by Webb dated February 2021. These reports are provided as Technical Appendices I1 and I2, respectively, to this EIR. All other information sources referenced in this Subsection are listed in EIR Section 7.0, References.

The Project site is located within the Santa Ana River watershed and is under the jurisdiction of the Santa Ana Regional Water Quality Control Board (RWQCB). As such, information for this Subsection also was obtained from the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Plan (updated June 2019) and the Integrated Regional Water Management Plan (IRWM) for the Santa Ana River watershed, also referred to as “One Water One Watershed Plan Update 2018,” (February 19, 2019) prepared by the Santa Ana Watershed Project Authority (SAWPA). These documents are herein incorporated by reference and are available for public review at the physical locations and website addresses given in EIR Section 7.0, References.

4.8.1 EXISTING CONDITIONS
A. Regional Hydrology
The Project site is located within the 2,650-acre Santa Ana River watershed. Within the Santa Ana River watershed, the Santa Ana River is the principal surface flow water body within the region. The Santa Ana River rises in Santa Ana Canyon in the southern San Bernardino Mountains and runs southwesterly across San Bernardino, Riverside, and Orange Counties, where it discharges into the Pacific Ocean at the City of Huntington Beach. The total length of the Santa Ana River and its major tributaries is approximately 700 miles. The location of the Project site within the Santa Ana River watershed is illustrated on Figure 4.8-1, Existing Conditions Hydrology Map.

B. Site Hydrology
Under existing conditions, the Project site slopes down at approximately 1% grade to the west. The existing drainage pattern for the Project site is characterized by draining south to north and east to west.

For the majority of the existing site, flows drain to a ribbon gutter located on the western side of the Project site. The ribbon gutter conveys flows off-site to Struck Avenue without migration or treatment.

The eastern portion of the site, including the existing railroad, drains from south to north along an existing curb and gutter. This includes the existing railroad facility along the eastern boundary of the Project site. All flows from this area drain north to Struck Avenue and N. Batavia Street. At this location, flows are conveyed into the existing 36-inch storm drain to Collins Channel and ultimately the Santa Ana River. All downstream facilities are stabilized and developed. The Project site’s existing stormwater drainage pattern is illustrated on Figure 4.8-1, Existing Conditions Hydrology Map. 512
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C. Flooding and Dam Inundation
According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) No. 06059C0161J, dated December 3, 2009, the Project site is located within “Zone X,” which corresponds to areas with minimal flood hazard outside of the 500-year floodplain (also referred to as the 0.2% annual chance floodplain). No portions of the Project site are located a 100-year flood hazard area. (FEMA, 2009). According to the City of Orange General Plan EIR, the Project site is not located within any mapped dam inundation area (Orange, 2010a, p. 5.8-3).

D. Water Quality
The Federal Water Pollution Control Act Amendment of 1972 (also referred to as the Clean Water Act, CWA) requires all states to conduct water quality assessments of their water resources to identify water bodies that do not meet water quality standards. Water bodies that do not meet water quality standards due to excessive concentrations of pollutants are placed on a list of impaired waters pursuant to Section 303(d) of the CWA. The Project site’s receiving waters include Collins Channel and the Santa Ana River Reach 2 and 1. Reach 2 of the Santa Ana River was 303(d) listed for Indicator Bacteria but was delisted in the 2016 303(d) update (Webb, 2021a, p. 9).

E. Groundwater
The Project site is underlain by groundwater resources associated with the Orange County Groundwater Basin. According to the geotechnical investigations performed by GeoTek, groundwater was not encountered within test borings to depths up to approximately 30 feet below grade. The Seismic Hazard Zone Report for the Orange Quadrangle, shows historic high groundwater at the Project site is estimated to be greater than 40 feet below grade (GeoTek, 2020a, p. 6).

4.8.2 REGULATORY FRAMEWORK
The following is a brief description of the federal, state, and local environmental laws and related regulations related to hydrology and water quality.

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 514
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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)
B. State Regulations

1. Porter-Cologne Water Control Act
The Porter-Cologne Act is the principal law governing water quality regulation in California. It establishes a comprehensive program to protect water quality and the beneficial uses of water. The Porter-Cologne Act applies to surface waters, wetlands, and ground water and to both point and nonpoint sources of pollution. Pursuant to the Porter-Cologne Act (California Water Code § 13000 et seq.), the policy of the State is as follows: (SWRCB, 2014) • That the quality of all the waters of the State shall be protected; • That all activities and factors affecting the quality of water shall be regulated to attain the highest water quality within reason; and
• That the State must be prepared to exercise its full power and jurisdiction to protect the quality of water in the State from degradation.

The Porter-Cologne Act established nine Regional Water Boards (based on hydrogeologic barriers) and the State Water Board, which are charged with implementing its provisions and which have primary responsibility for protecting water quality in California. The State Water Board provides program guidance and oversight, allocates funds, and reviews Regional Water Boards decisions. In addition, the State Water Board allocates rights to the use of surface water. The Regional Water Boards have primary responsibility for individual permitting, inspection, and enforcement actions within each of nine hydrologic regions. The State Water Board and Regional Water Boards have numerous nonpoint source (NPS) related responsibilities, including monitoring and assessment, planning, financial assistance, and management. (SWRCB, 2014)
The Regional Water Boards regulate discharges under the Porter-Cologne Act primarily through issuance of NPDES permits for point source discharges and waste discharge requirements (WDRs) for NPS discharges. Anyone discharging or proposing to discharge materials that could affect water quality (other than to a community sanitary sewer system regulated by an NPDES permit) must file a report of waste discharge. The State Water Resources Control Board (SWRCB) and the Regional Water Quality Control Boards (RWQCBs) can make their own investigations or may require dischargers to carry out water quality investigations and report on water quality issues. The Porter-Cologne Act provides several options for enforcing WDRs and other orders, including cease and desist orders, cleanup and abatement orders, administrative civil liability orders, civil court actions, and criminal prosecutions. (SWRCB, 2014)
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The Porter-Cologne Act also implements many provisions of the Clean Water Act, such as the NPDES permitting program. The Porter-Cologne Act also requires adoption of water quality control plans that contain the guiding policies of water pollution management in California. In addition, regional water quality control plans (basin plans) have been adopted by each of the Regional Water Boards and get updated as necessary and practical. These plans identify the existing and potential beneficial uses of waters of the State and establish water quality objectives to protect these uses. The basin plans also contain implementation, surveillance, and monitoring plans. (SWRCB, 2014) The Project site is in the Santa Ana River Watershed which is within the purview of Santa Ana RWQCB. The Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Plan is the governing water quality plan for the region.

2. California Water Code
The California Water Code is the principal state law regulating water quality in California. Water quality provisions must be complied with as contained in numerous code sections including: 1) the Health and Safety Code for the protection of ground and surface waters from hazardous waste and other toxic substances; 2) the Fish and Game Code for the prevention of unauthorized diversions of any surface water and discharge of any substance that may be deleterious to fish, plant, animal, or bird life; 3) the Harbors and Navigation Code for the prevention of the unauthorized discharge of waste from vessels into surface waters; and 4) the Food and Agriculture Code for the protection of groundwater which may be used for drinking water supplies. The California Department of Fish and Wildlife (CDFW), through provisions of the Fish & Game Code (§§ 1601 - 1603) is empowered to issue agreements for any alteration of a river, stream, or lake where fish or wildlife resources may be adversely affected. CDFW regulates wetland areas only to the extent that those wetlands are part of a river, stream, or lake as defined by CDFW. (CA Legislative Info, n.d.) Surface water quality is the responsibility of the Regional Water Quality Control Board (RWQCB), water supply and wastewater treatment agencies, and city and county governments. The principal means of enforcement by the RWQCB is through the development, adoption, and issuance of water discharge permits. RWQCB basin plans establish water quality objectives that are defined as the limits or levels of water quality constituents or characteristics for the reasonable protection of beneficial uses of water. (CA Legislative Info, n.d.)

3. California Toxics Rule (CTR)
The California Toxics Rule (CTR) fills gap in California’s water quality standards necessary to protect human health and aquatic life beneficial uses. The CTR criteria are similar to those published in the National Recommended Water Quality Criteria. The CTR supplements, and does not change or supersede, the criteria that EPA promulgated for California waters in the National Toxics Rule (NTR).

The human health NTR and CTR criteria that apply to drinking water sources (those water bodies designated in the Basin Plans as municipal and domestic supply) consider chemical exposure through consumption of both water and aquatic organisms (fish and shellfish) harvested from the water. For waters that are not drinking water sources (e.g., enclosed bays and estuaries), human health NTR and CTR criteria only consider the consumption of contaminated aquatic organisms. The CTR and NTR 516
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criteria, along with the beneficial use designations in the Basin Plans and the related implementation policies, are the directly applicable water quality standards for toxic priority pollutants in California waters. (SWRCB, 2016, pp. 14-15)

4. Watershed Management Initiative (WMI)
The State and Regional Water Boards are currently focused on looking at entire watersheds when addressing water pollution. The Water Boards adopted the Watershed Management Initiative (WMI) to further their goals. The WMI establishes a broad framework overlying the numerous federal and State mandated priorities. As such, the WMI helps the Water Boards achieve water resource protection, enhancement and restoration while balancing economic and environmental impacts. (SWRCB, 2017) The integrated approach of the WMI involves three main ideas:
• Use water quality to identify and prioritize water resource problems within individual watersheds. Involve stakeholders to develop solutions.
• Better coordinate point source and nonpoint source regulatory efforts. Establish working relationships between staff from different programs.
• Better coordinate local, state, and federal activities and programs, especially those relating to regulations and funding, to assist local watershed groups. (SWRCB, 2017)

5. Sustainable Groundwater Management Act (SGMA)
The 2014 Sustainable Groundwater Management Act (SGMA) requires governments and water agencies of high and medium priority basins to halt overdraft and bring groundwater basins into balanced levels of pumping and recharge. Under SGMA, these basins should reach sustainability within 20 years of implementing their sustainability plans. The DWR categorizes the priority of groundwater basins. For critically over-drafted basins, that will be 2040. For the remaining high and medium priority basins, 2042 is the deadline. The SGMA also requires local public agencies and Groundwater Sustainability Agencies (GSAs) in high- and medium-priority basins to develop and implement Groundwater Sustainability Plans (GSPs) or Alternatives to GSPs. GSPs are detailed road maps for how groundwater basins will reach long term sustainability. (DWR, n.d.; DWR, 2020) C. Local Plans, Policies, and Regulations

1. City of Orange Municipal Code
Chapter 7.01 (Water Quality and Stormwater Discharges) of the City of Orange Municipal Code requires the City to participate as a "Co-permittee" under the NPDES permit program to accomplish the requirements of the CWA. Pursuant to this chapter, the City has established uniform standards for the improvement of water quality, to comply with the federal requirements for the control of urban pollutants to stormwater runoff and to regulate discharges of stormwater to the storm drain system in the City.
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4.8.3 BASIS FOR DETERMINING SIGNIFICANCE
Section IX of Appendix G to the CEQA Guidelines addresses typical adverse effects to hydrology and water quality, and includes the following threshold questions to evaluate the Project’s impacts on hydrology and water quality (OPR, 2019):
• Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality;
• Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin; • Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
a) Result in substantial erosion or siltation on- or off-site; b) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
c) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
d) Impede or redirect flood flows.
• In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation. • Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.

4.8.4 IMPACT ANALYSIS
Threshold a: Would the Project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? As part of Section 402 of the Clean Water Act, the U.S. Environmental Protection Agency (EPA) has established regulations under the NPDES program to control direct storm water discharges. In California, the State Water Resources Control Board (SWRCB) administers the NPDES permitting program and is responsible for developing NPDES permitting requirements. The NPDES program regulates industrial pollutant discharges, which include construction activities. The SWRCB works in coordination with the Regional Water Quality Control Boards (RWQCB) to preserve, protect, enhance, 518
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and restore water quality. The City of Orange, including the Project site, is within the jurisdiction of the Santa Ana RWQCB.

A. Construction Impacts
The Project may result in water quality impacts during short-term construction activities. The grading/excavation required for project implementation would result in exposed soils that may be subject to wind and water erosion. Although erosion occurs naturally in the environment, improperly managed construction activities can lead to substantially accelerated rates of erosion that are considered detrimental to the environment. As such, short-term water quality impacts have the potential to occur during construction of the Project in the absence of any protective or avoidance measures.

The SWRCB adopted the NPDES General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit). The Construction General Permit is required for all projects that include construction activities, such as clearing, soil stockpiling, grading, and/or excavation that disturb at least one (1) acre of total land area. Additionally, the Project would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Program. Compliance with the Construction General Permit and the Santa Ana River Basin Water Quality Control Program involves the preparation and implementation of a SWPPP for construction-related activities, including grading. The purpose of the SWPPP is to identify the sources of sediment and other pollutants that could affect the quality of stormwater discharges and to describe and ensure the implementation of best management practices (BMPs) to reduce or eliminate sediment and other pollutants in stormwater as well as non-stormwater discharges resulting from construction activity.

The Project would be required to comply with the City’s Stormwater Local Implementation Plan (LIP) (Orange, 2011). The LIP requires all private and public construction projects to implement and be protected by an effective combination of erosion and sediment controls and waste and materials management BMPs, such as source control BMPs (e.g. site planning and landscaping, use of pervious pavement), structural BMPs (e.g. protection from rain, secondary containment, etc.), and treatment control BMPs (e.g. constructed wetlands and vegetative swales), to prevent discharges into the storm drain system or watercourses. Table A-8.3 of the LIP provides a comprehensive list of designated construction BMPs (Orange, 2011). The minimum requirements for all construction sites include erosion and sediment control, and waste and materials management control (Table A-8.2 of the LIP), which would be implemented during the Project’s construction phase (Orange, 2011). Additionally, the Project would be required to comply with Chapter 7.01, Water Quality and Stormwater Discharges, of the OMC. This chapter includes conditions and requirements related to the control of urban pollutants to stormwater runoff.

Mandatory compliance with the SWPPP, the City’s LIP, and Chapter 7.01 of the OMC would ensure that the Project does not violate any water quality standards or waste discharge requirements during construction activities. Impacts would be less than significant. 519
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B. Post Construction-Impacts
The Project Applicant would redevelop the Project site with a building up to 57,900 sf, a maintenance building, and associated parking and landscaping. The anticipated pollutants to be generated at the Project site include: suspended solids and sediments, nutrients and pesticides (from the proposed landscaping), heavy metals (from truck-trailers both active and stored), oil and grease, toxic organic compounds (TOCs), pathogens (bacteria/virus), and trash and debris (from all vehicular traffic).

Receiving waters for the Project site include: Santa Ana River Reach 2 and Santa Ana River Reach 1.

The Santa Ana Reach 2 provides the following beneficial uses:
• Agricultural Supply
• Groundwater Recharge
• Water Contact Recreation
• Non-Contact Water Recreation
• Warm Freshwater Habitat
• Wildlife Habitat
• Rare, Threatened, or Endangered Species
The Stormwater Program’s specific water pollutant control elements are documented in the Drainage Area Management Plan (DAMP). The DAMP satisfies the NPDES permit conditions to reduce pollutant discharges to the maximum extent practicable for the protection of water quality at receiving water bodies and the support of designated beneficial uses. The DAMP contains guidance on both structural and non-structural BMPs for meeting these goals. With implementation of the DAMP requirements, as required by OMC Chapter 7.01 the Project would be required to prepare a WQMP in accordance with the requirements of the NPDES permit.

The Project Applicant has prepared a WQMP, which includes non-structural BMPs, such as educational materials for property owners, tenants, and occupants; activity restriction; common area landscape management; BMP maintenance; spill contingency plan; 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. 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 (Webb, 2021a). The WQMP will also include Low Impact Development BMPs and/or Treatment Control BMPs to address the predicted pollutants generated from the project site during general tenant categories at the site.

As described above, a construction-related SWPPP (development SWPPP) is required as part of the Construction General Permit when any project disturbs greater than one (1) acre of soils. A postconstruction SWPPP is required for the site as an Industrial General Permit holder (land use SWPPP).

The WQMP is separate from the SWPPP and is the local document showing how operations will be protective of water quality during use of the land.

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The NPDES program also requires certain land uses, including the industrial land use proposed by the Project, to prepare a SWPPP for operational activities and to implement a long-term water quality sampling and monitoring program, unless an exemption is granted. Because the permit is dependent upon the operational activities of the building and the tenants are not known at this time, details of the SWPPP (including BMPs) or potential exemption to the SWPPP operational activities requirement cannot be determined at this time. However, based on the requirements of the NPDES Industrial General Permit, the Project’s mandatory compliance with all applicable regulations would further reduce potential water quality impacts during long-term operation. It should be noted that under existing conditions, flows generated from the site drain to Struck Avenue unmitigated and untreated.

Implementation of the Project would have a beneficial impact on water quality because it would capture all on-site flows and treat flows from smaller more frequent storm events, prior to being discharged into the City’s storm drainage system.

Based on the foregoing analysis, the Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality or result in potential discharge of stormwater to affect beneficial uses of receiving waters. Impacts would be less than significant.

Threshold b: Would the Project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
According to the Project’s Geotechnical Investigation, groundwater was not encountered at the Project site during subsurface investigations to the maximum depth explored (30 feet bgs) (GeoTek, 2020a).

Implementation of the Project would not include the construction of a potable groundwater well and no potable groundwater wells are located on-site. Most of the City’s water comes from 2 sources:
groundwater from the Lower Santa Ana River Groundwater Basin and imported water purchased from the Metropolitan Water District of Southern California (MWD).

A. Groundwater Supply
According to the City’s 2015 Urban Water Management Plan (UWMP), the City’s water resources have adequate supply to serve the Project site in addition to past, present, and future commitments under normal year, single dry year, and multiple dry years through the year 2040. Additionally, the Project does not propose a General Plan Amendment to modify the site’s land use designation, and the proposed uses are already anticipated in the City’s General Plan and UWMP. Based on the foregoing analysis, the Project would not have the potential to substantially decrease groundwater supplies.

Impacts would be less than significant.

B. Groundwater Recharge
Under existing conditions, approximately 89 percent of the Project site contains impervious surfaces that provides little opportunity for infiltration. The Project would create similar impervious surface 521
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conditions, increasing the Project site’s impervious surface coverage to 91 percent (Webb, 2021a).

Therefore, redevelopment of the site would not substantially interfere with groundwater recharge.

Additionally, as shown in Figure N-2 of the City General Plan Natural Resources Element, groundwater recharge facilities for the Lower Santa Ana River Groundwater Basin include the Santa Ana River and Santiago Creek. The Project site is located approximately 0.87 miles east of the Santa Ana River and approximately 1.9 miles north of the Santiago Creek. Implementation of the Project would not have the potential to interfere with groundwater recharge. Impacts would be less than significant.

Threshold c: Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: result in substantial erosion or siltation on- or off-site; substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or impeded or redirect flood flows?
Under existing conditions, the Project site does not contain a stream or river; therefore, the Project does not have the potential to alter the course of a stream or river. No impacts would occur in this regard.

A. On-Site Storm Drain Facilities
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 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.

Under Project conditions, the Project would maintain the existing drainage pattern by draining flows from south to north, to the northwest corner. The Project would incorporate (curb and gutter or ribbon) gutters, storm drain pipes, and outlet structure with a BioClean modular wetland system (MWS). The MWS will utilize horizontal flow and incorporates a pretreatment chamber that includes separation and pre-treatment filter cartridges. In this chamber, sediment and hydrocarbons are removed from runoff before entering the biofiltration chamber, large events will bypass through the system before exiting the site. The Project’s proposed ribbon gutters would be located within the parking areas located east and west of the proposed building. Inlets along the ribbon gutters will collect and deposit 522
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flows into the Project’s proposed storm drain system and into the proposed outlet structure located within the northwestern portion of the site. The Project storm drain lines would be located throughout the site and are designed to convey 100-year peak flow rates. The starting water surface elevation for the storm drain shall be the 100-year ponding limit within the on-site basin.

The proposed outlet structure receives approximately 33.4 cubic feet per second (cfs) of on-site flows from the proposed Line A, Line B, and Line C.
• Line A is proposed along the eastern and northern portion of the proposed Site. Line A conveys approximately 21.3 cfs of total runoff towards the proposed outlet structure. The proposed line will collect flows draining through the ribbon gutter along the eastern trailer parking stalls and northern auto parking areas before discharging into Line B. Proposed laterals along Line A are proposed at various drainage inlets. The hydraulic model for Line A will be included with the final engineering design. At this time, the preliminary storm drain sizing has been taken from the rational method normal depth calculations.
• Line B is proposed near the northwestern portion of the proposed Site. The proposed line will collect flows generated by the areas west of the proposed building that are conveyed along the curb and gutter. A lateral is also provided near the end of the line to allow for flows within the auto parking stalls in the northwest corner of the Site to be collected. Line A and Line C also confluence with Line B before discharging into the proposed outlet structure. Line B conveys the total Site runoff of approximately 33.4 cfs of runoff generated on-site. The hydraulic model for Line B will be included with the final engineering design. At this time, the preliminary storm drain sizing has been taken from the rational method normal depth calculations. • Line C is proposed along the western portion of the Site. Flows captured near the southern boundary of the Site are conveyed north within Line C. The proposed Line C conveys approximately 4.9 cfs of runoff towards Line B. The hydraulic model for Line C will be included with the final engineering design. At this time, the preliminary storm drain sizing has been taken from the rational method normal depth calculations.

B. Off-Site Storm Drain Facilities
The existing storm drain adjacent to the Project site in Struck Avenue is a 33-inch RCP. This pipe transitions into a 36-inch RCP west of the Site where a lateral connection exists to convey flows from the City Corporation Yard north of the site. The 36-inch RCP continues to the intersection of Batavia Avenue. At this location, a set of catch basins pick up the street flow from Struck Avenue and the adjacent building sites, including the existing drainage of the Project site. As with existing conditions, flows from the Site would continue to flow to the existing catch basin at the Struck Avenue/Batavia Street intersection. The existing storm drain lines were sized to accommodate 10-year storm event flows and to accept flows from the surrounding properties in their developed conditions. 523
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The storm drain design would convey flows through an under-sidewalk drain onto Struck Avenue to mimic the existing conditions, and there would be no connection to the existing 33-inch RCP storm drain line.
i) Result in substantial erosion or siltation on- or off-site? As discussed above, the Project would increase the amount of impervious surface coverage on the Project site from 89 percent to 91 percent. However, the Project would maintain the site’s existing drainage pattern. Therefore, the Project would not substantially alter the site’s drainage pattern in such a way that would result in substantial erosion or siltation on- or off-site. Additionally, the Project would construct an integrated storm drain system on-site with BMPs to minimize the amount of waterborne pollutants carried from the Project site. The Project’s proposed BMPs are designed to treat runoff with medium to high efficiency and effectiveness; furthermore, they are highly effective at removing sediment from stormwater runoff flows. Therefore, stormwater runoff leaving the Project site would not carry substantial amounts of sediment. Because there are no exposed soils at the Project site’s discharge points, there is no potential for the Project’s stormwater runoff to result in erosion as it leaves the Project site. Impacts would be less than significant. ii) Increase the rate or amount of surface runoff in a manner which would result in flooding in- or off-site?
Under existing conditions, peak stormwater runoff flows are discharged into the existing storm drain line beneath Struck Avenue, which is designed to accept the 10-year peak flows from the Project site and surrounding developments.

As shown in Table 4.8-1, Project Peak Flows, implementation of the project would reduce peak flows discharging from the Project site. As such, the Project proposed drainage improvements would not result in on-site or off-site flooding. Impacts would be less than significant.

Table 4.8-1 Project Peak Flows
Existing Conditions Project Conditions
Storm Event Peak Flow (cfs) Tc (min) Peak Flow (cfs) Tc (min) 2-Year 12.2 12.35 11.9 9.90
10-Year 22.9 11.54 21.7 9.54
100-Year 35.8 11.00 33.4 9.34
AF = acre-feet
Tc = cubic feet per second
Source: (Webb, 2021b, Table 4)
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iii) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff?
As discussed above under Hydrology and Water Quality Threshold c.i and c.ii, all captured flows will be directed towards a proposed outlet structure near the northwestern corner of the site. Flows are expected to pond up within the outlet structure before spilling out of the structure and into a concretelined u-channel. The u-channel conveys the on-site flows north towards a proposed parkway culvert (type B) that will discharge all flows underneath the sidewalk and onto Struck Avenue. Within the outlet structure, an internal weir wall is proposed to divert approximately 2.0 cfs of flows east towards the proposed treatment vaults for water quality treatment. Flows that have been treated by the proposed MWS vaults are then directed towards a proposed pump located northeast of the treatment vaults. The pump will discharge the water quality flows into a second concrete-lined u-channel. From there, treated flows are directed towards a second proposed parkway culvert (type B) that will discharge treated flows underneath the sidewalk and onto Struck Avenue. As discussed above under Hydrology and Water Quality Threshold c.ii, stormwater discharge peak flow would be less than existing conditions.

BMPs would ensure that pollutants of concern are prevented, minimized, and/or otherwise appropriately treated prior to being discharged from the Project site. Impacts would be less than significant.
iv) Impede or redirect flood flows?
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. No impacts would occur.

Threshold d: Would the Project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
As previously discussed, the Project site is not within a 100-year flood hazard zone. The Project does not have the potential to release pollutants due to 100-year flood inundation. No impacts would occur.

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 release pollutants due to Project inundation. No impacts would occur.

A tsunami is a sea wave, commonly referred to as a tidal wave, produced by a significant undersea disturbance such as tectonic displacement of a seafloor associated with large, shallow earthquakes. A seiche is an oscillation of a body of water in an enclosed or semi-enclosed basin, such as a reservoir, harbor, lake, or storage tank.

The Project site is located approximately 13 miles northeast of the Pacific Ocean. Due to site distance, the Project would not be subject to tsunami-related inundation. Additionally, there are no enclosed or semi-enclosed bodies of water in proximity to the Project site. No impacts would occur. 525
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Threshold e: Would the Project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? As discussed under Hydrology and Water Quality Threshold a, the Project site is within the Santa Ana River Basin; therefore, Project-related construction and operational activities would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Plan by preparing and adhering to a SWPPP and WQMP. Additionally, as discussed previously, implementation of the Project would not conflict with or obstruct the Santa Ana River Basin Water Quality Control Plan and no impacts would occur.

The Project site is within the Coastal Plain of Orange County Basin (Basin 8-1). The California Department of Water Resources (DWR), classifies this basin as a medium-priority basin. According to the 2014 Sustainable Groundwater Management Act (SGMA), local public agencies and Groundwater Sustainability Agencies (GSAs) in “high”- and “medium”-priority basins are required to develop and implement Groundwater Sustainability Plans (GSPs) or Alternatives to GSPs (DWR, 2020). GSPs are detailed road maps for how groundwater basins will reach long term sustainability.

The GSA for Basin 8-1 is comprised of the OCWD, City of La Habra, and Irvine Ranch Water District (IRWD). These agencies collaborated and submitted an Alternative to a GSP titled Basin 8-1 Alternative on January 1, 2017, to the DWR. This Alternative, documents the basin conditions; basin management is based on measurable objectives and minimum thresholds defined to prevent significant and unreasonable impacts on the sustainability indicators defined in the Alternative.

Groundwater is anticipated to be located at a depth greater than 40 below ground surface (bgs). The Project’s potable water would be supplied by the City, which relies on groundwater and imported water. As identified in the City’s UWMP, the City’s potable water resources contain enough water to meet demands under a normal, single dry year, and multiple dry year hydrologic conditions from 2020 through 2040. Additionally, the Project site is not within a groundwater recharge area. Therefore, the Project would not have the potential to conflict with or obstruct implementation of the Basin 8-1 Alternative and no impacts would occur.

4.8.5 CUMULATIVE IMPACT ANALYSIS
The cumulative impact analysis considers construction and operation of the Project in conjunction with other development projects in the vicinity of the Project site and projects located in the Santa Ana River Basin and Orange County Groundwater Basin.

A. Water Quality
Project construction and the construction of other projects in the cumulative study area would have the potential to contribute waterborne pollution, including erosion and siltation, to the Santa Ana River Watershed. Pursuant to the requirements of the State Water Resources Control Board and the Santa Ana RWQCB, all construction projects that disturb one (1) or more acres of land area are required to obtain coverage for construction activities under the State’s General Construction NPDES Permit. In order to obtain coverage, an effective Site-specific SWPPP is required to be developed and 526
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implemented. The SWPPP must identify potential on-site pollutants and identify an effective combination of erosion control and sediment control measures to reduce or eliminate discharge of pollutants to surface waters. In addition, the Project Applicant and all cumulative developments in the Santa Ana River Basin would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Program, which establishes water quality standards for ground and surface waters of the region. Compliance with these mandatory regulatory requirements, would ensure that development projects within the Santa Ana River watershed, including the proposed Project, would not contribute substantially to water quality impairments during construction.

Operational activities on the Project site would be required to comply with the Project’s WQMP to minimize the amount of waterborne pollution, including erosion and sediment, discharged from the Site. Other development projects within the watershed would similarly be required by law to prepare and implement Site-specific WQMPs to ensure that runoff does not substantially contribute to water quality violations. Accordingly, operation of the Project would not contribute to cumulativelyconsiderable water quality effects.

B. Groundwater Supplies and Management
The Project incorporates design features that would allow surface runoff to infiltrate into the groundwater basin. Other development projects would similarly be required by applicable lead agencies to incorporate design features that facilitate percolation (e.g., through minimum landscaped/permeable area requirements, water quality/detention basins, infiltration basins). Also, as previously noted, implementation of the Project would not result in substantial adverse effects to local groundwater supplies or groundwater recharge. Thus, no component of the Project would obstruct with or prevent implementation of the management plan for the Orange County Groundwater Basin and other development projects within the Orange County Groundwater Basin would be prohibited from any activity that would endanger the health and sustainability of the groundwater basin. Based on the lack of impacts to groundwater, the provision of design measures that would facilitate percolation, and compliance with applicable Orange County Groundwater Basin management plans, cumulative development would not result in a considerable, adverse effect to local groundwater supplies.

C. Flooding
Construction of the Project and other development projects within the Santa Ana River watershed would be required to comply with federal, State, and local regulations and applicable regional and local master drainage plans in order to mitigate flood hazards both on- and off-site. Compliance with federal, State, and local regulations and applicable drainage plans would require development sites to be protected from flooding during peak storm events (i.e., 100-year storm) and also would not allow development projects to expose downstream properties to increased flooding risks during peak storm events. In addition, future development proposals within the Santa Ana River Basin would be required to prepare hydrologic and hydraulic calculations, subject to review and approval by the responsible City/County Engineer, to demonstrate that substantial on- and/or off-site flood hazards would not occur. As discussed under the response to Threshold “c,” the Project is designed to ensure that runoff from the Project site during peak storm events is reduced relative to existing conditions. Because the 527
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Project and all other developments throughout the Santa Ana River Basin, would need to comply with federal, State, and local regulations to ensure that stormwater discharges do not substantially exceed existing volumes or exceed the volume of available conveyance infrastructure, a substantial cumulative impact related to flood hazards would not occur.

Additionally, the Project site is not located within a special flood hazard area or in an area subject to inundation. Accordingly, development on the Project site would have no potential to impede or redirect flood flows and a cumulatively-considerable impact would not occur.

4.8.6 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: Less-than-Significant Impact. The Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality.

Adherence to a SWPPP and WQMP is required as part of the Project’s implementation to address construction- and operational-related water quality.

Threshold b: Less-than-Significant Impact. The Project would not physically impact any of the major groundwater recharge facilities in the Orange County Groundwater Basin. The Project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project would impede sustainable groundwater management of the Basin.

Threshold c: Less-than-Significant Impact. The Project would be required to comply with applicable water quality regulatory requirements to minimize erosion and siltation. Additionally, the Project would not result in flooding on- or off-site or impede/redirect flood flows. Lastly, the Project would not create or contribute runoff that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff.

Threshold d: Less-than-Significant Impact. The Project site would not be subject to inundation from tsunamis, seiches, or other hazards.

Threshold e: Less-than-Significant Impact. The Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.

4.8.7 MITIGATION
Impacts would be less than significant; therefore, mitigation is not required. 528
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4.9 NOISE
This Subsection addresses the environmental issue of noise, including existing noise levels in the Project area and the Project’s potential to introduce new or elevated sources of noise. The analysis contained herein incorporates information contained in a technical report prepared by Urban Crossroads, Inc., titled “534 Struck Avenue Noise and Vibration Analysis” (Noise Study) and dated October 23, 2022. The report is included as Technical Appendix J to this EIR. Refer to Section 7.0, References, for a complete list of reference sources used in the analysis presented in this Subsection.

4.9.1 NOISE FUNDAMENTALS
A. Noise Definitions
Noise is simply defined as “unwanted sound.” Sound becomes unwanted when it interferes with normal activities, when it causes physical harm, or when it has adverse effects on health. Because the range of sound that the human ear can detect is large, the scale used to measure sound intensity is based on multiples of 10, the logarithmic scale. The unit of measure to describe sound intensity is the decibel (dB). A sound increase of 10 dB represents a ten-fold increase in sound energy and is perceived by the human ear as being roughly twice as loud. A-weighted decibels (dBA) approximate the subjective response of the human ear to broad frequency noise sources by discriminating against very low and very high frequencies of the audible spectrum (i.e., frequencies that are not audible to the human ear).

The most common sounds vary between 40 dBA (very quiet) to 100 dBA (very loud). Normal conversation at a distance of three feet is roughly 60 dBA, while a jet engine is 110 dBA at approximately 1000 feet.

B. Noise Descriptors
Environmental noise descriptors are generally based on averages, rather than instantaneous, noise levels. The most used noise descriptor is the equivalent level (Leq). Leq represents a steady state sound level containing the same total energy as a time varying signal over a given time period. Leq values are not measured directly but are calculated from sound pressure levels typically measured in dBA.

Consequently, Leq can vary depending on the time of day.

Peak hour or average noise levels, while useful, do not completely describe a given noise environment.

Noise levels lower than peak hour may cause a disturbance if they occur during times when quiet is most desirable, namely evening and nighttime (sleeping) hours. To account for this, the Community Noise Equivalent Level (CNEL), representing a composite 24-hour noise level is utilized. The CNEL is the weighted average of the intensity of a sound, with corrections for time of day, and averaged over 24 hours. The time-of-day corrections require the addition of five (5) decibels to dBA Leq sound levels in the evening from 7:00 p.m. to 10:00 p.m., and the addition of 10 decibels to dBA Leq sound levels at night between 10:00 p.m. and 7:00 a.m. These additions are made to account for the noise sensitive time periods during the evening and night hours when sound appears louder. CNEL does not represent the actual sound level heard at any time, but rather represents the total sound exposure. The City relies on the 24-hour CNEL level to assess land use compatibility with transportation related noise sources. 529
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C. Sound Propagation
When sound propagates over a distance, it changes in level and frequency content. The manner in which noise reduces with distance depends on geometric spreading, ground absorption, atmospheric effects, shielding, and reflection.

1. Geometric Spreading
Sound from a localized source (i.e., a stationary point source) propagates uniformly outward in a spherical pattern. The sound level attenuates (or decreases) at a rate of 6 dB for each doubling of distance from a point source. Highways consist of several localized noise sources on a defined path and hence can be treated as a line source, which approximates the effect of several point sources. Noise from a line source propagates outward in a cylindrical pattern, often referred to as cylindrical spreading.

Sound levels attenuate at a rate of 3 dB for each doubling of distance from a line source.

2. Ground Absorption
To account for the ground-effect attenuation (absorption) of noise, two types of site conditions are commonly used in noise models: soft site and hard site conditions. For acoustically hard sites (i.e., sites with a reflective surface between the source and the receptor, such as a parking lot or body of water), no excess ground attenuation is assumed. For acoustically absorptive or soft sites (i.e., sites with an absorptive ground surface between the source and the receptor such as soft dirt, grass, or scattered bushes and trees), an excess ground attenuation value of 1.5 dB per doubling of distance is normally assumed.

3. Atmospheric Effects
Receptors located downwind from a noise source can be exposed to increased noise levels relative to calm conditions, whereas locations upwind can have lowered noise levels. Other factors that may affect noise levels include air temperature, humidity, and turbulence. (Urban Crossroads, 2022a, p. 9)

4. Shielding
A large object or barrier in the path between a noise source and a receptor can substantially attenuate noise levels at the receptor. The amount of attenuation provided by shielding depends on the size of the object and the frequency content of the noise source. Solid objects or barriers are most effective at attenuating noise levels. Effective noise barriers can reduce noise levels by 10 to 15 dBA. Noise barriers, however, do have limitations. For a noise barrier to work, it must be high enough and long enough to block the path of the noise source.

D. Response to Noise
A variety of reactions can be expected from people exposed to any given environment. Despite this variability in behavior on an individual level, the population as a whole can be expected to exhibit the following responses to changes in noise levels: a change of 3 dBA is considered “barely perceptible;” and a change of 5 dBA is considered “readily perceptible.” 530
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E. Vibration
Vibration is the periodic oscillation of a medium or object. Sources of ground-borne vibration include natural phenomena (e.g., earthquakes, volcanic eruptions, sea waves, landslides) or human-made causes (e.g., explosions, machinery, traffic, trains, construction equipment). Vibration sources may be continuous, such as factory machinery, or transient, such as explosions. As is the case with airborne sound, ground-borne vibrations may be described by amplitude and frequency. Vibration is often described in units of velocity (inches per second) and decibels (dB) and is denoted as VdB.

The background vibration-velocity level in residential areas is generally 50 VdB. Ground-borne vibration is normally perceptible to humans at approximately 65 VdB. For most people, a vibrationvelocity level of 75 VdB is the approximate dividing line between barely perceptible and distinctly perceptible levels.

4.9.2 EXISTING NOISE CONDITIONS
A. Existing Study Area Ambient Noise Conditions
Urban Crossroads recorded 24-hour noise readings at five (5) locations in the Project study area on April 18, 2022. The noise measurement locations are identified in Figure 4.9-1, Noise Measurement Locations. The results of the existing noise level measurements are summarized below. Noise measurement worksheets for the hourly noise levels and the minimum and maximum observed noise levels at each measurement location are provided in the noise analysis (refer to Technical Appendix J).

In general, the existing background ambient noise levels in the Project area are dominated by surface street vehicle noise which includes automobile 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
• Location L1 represents the noise levels located northwest of the Project site near the Department of Public Works at 637 West Struck Avenue. The noise level measurements collected show an overall 24-hour exterior noise level of 53.2 dBA CNEL. The energy (logarithmic) average daytime noise level was calculated at 54.3 dBA Leq with an average nighttime noise level of 50.5 dBA Leq.
• Location L2 represents the noise levels located northeast of the Project site near proposed residential development north of West Struck Avenue. The noise level measurements collected show an overall 24- hour exterior noise level of 50.1 dBA CNEL. The energy (logarithmic) average daytime noise level was calculated at 51.2 dBA Leq with an average nighttime noise level of 47.2 dBA Leq.
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• Location L3 represents the noise levels located northeast of the Project site near the HUB OC (Mary’s Kitchen) at 517 West Struck Avenue. The noise level measurements collected show an overall 24-hour exterior noise level of 51.7 dBA CNEL. The energy (logarithmic) average daytime noise level was calculated at 52.6 dBA Leq with an average nighttime noise level of

49.3 dBA Leq.
• Location L4 represents the noise levels located northeast of the Project site near the Citrus Grove Apartments at 1120 North Lemon Street. The 24-hour CNEL indicates that the overall exterior noise level is 49.8 dBA CNEL. The energy (logarithmic) average daytime noise level was calculated at 51.0 dBA Leq with an average nighttime noise level of 46.8 dBA Leq. • Location L5 represents the noise levels located south of the Project site near the Top Dog Inn at 606 West Collins Avenue. The 24-hour CNEL indicates that the overall exterior noise level is 66.7 dBA CNEL. The energy (logarithmic) average daytime noise level was calculated at

68.0 dBA Leq with an average nighttime noise level of 63.0 dBA Leq.

B. Existing Ground-borne Vibration
Based on the nature of the existing uses on the Project site, there are no sources of ground-borne vibration on the Project site under existing conditions because no heavy, impact machinery is used on the site.

4.9.3 REGULATORY FRAMEWORK
The following is a brief description of the federal, state, and local environmental laws and related regulations related to noise
A. Federal Regulations

1. Noise Control Act of 1972
The Noise Control Act of 1972 establishes a national policy to promote an environment for all Americans free from noise that jeopardizes their health and welfare. The Act also serves to (1) establish a means for effective coordination of Federal research and activities in noise control; (2) authorize the establishment of Federal noise emission standards for products distributed in commerce; and (3) provide information to the public respecting the noise emission and noise reduction characteristics of such products. (EPA, 2020e)
While primary responsibility for control of noise rests with State and local governments, Federal action is essential to deal with major noise sources in commerce, control of which require national uniformity of treatment. The Environmental Protection Agency (EPA) is directed by Congress to coordinate the programs of all Federal agencies relating to noise research and noise control. (EPA, 2020e) 533
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2. Federal Transit Administration
The Federal Transit Administration (FTA) has published a Noise and Vibration Impact Assessment Manual (NVIA), which provides guidance for preparing and reviewing the noise and vibration sections of environmental documents. In the interest of promoting quality and uniformity in assessments, the manual is used by project sponsors and consultants in performing noise and vibration analyses for inclusion in environmental documents. The manual sets forth the methods and procedures for determining the level of noise and vibration impact resulting from most federally-funded transit projects and for determining what can be done to mitigate such impact. (FTA, 2018, p. 1) The NVIA also establishes criteria for acceptable ground-borne vibration, which are expressed in terms of root mean square (rms) velocity levels in decibels and the criteria for acceptable ground-borne noise are expressed in terms of A-weighted sound levels. As shown in Table 4.9-1, Indoor Ground-Borne Vibration (GBV) and Ground-Borne Noise Impact Criteria for General Vibration Assessment, the FTA identifies three categories of land uses and provides Ground-Borne Vibration (GBV) and GroundBased Noise (GBN) criteria for each category of land use. (FTA, 2018, p. 126) Table 4.9-1 Indoor Ground-Borne Vibration (GBV) and Ground-Borne Noise Impact Criteria for General Vibration Assessment
Source: (FTA, 2018, p. 126)
B. State Regulations

1. State of California Noise Requirements
The State of California regulates freeway noise, sets standards for sound transmission, provides occupational noise control criteria, identifies noise standards, and provides guidance for local land use compatibility. State law requires that each county and city adopt a General Plan that includes a Noise Element which is to be prepared according to guidelines adopted by the Governor’s Office of Planning and Research. The purpose of the Noise Element is to limit the exposure of the community to excessive noise levels.
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2. Building Standards Code
The State of California’s noise insulation standards are codified in the California Code of Regulations, Title 24, Building Standards Administrative Code, Part 2, and the California Building Standards Code.

These noise standards are applied to new construction in California for the purpose of controlling interior noise levels resulting from exterior noise sources. The regulations specify that acoustical studies must be prepared when noise-sensitive structures, such as residential buildings, schools, or hospitals, are developed near major transportation noise sources, and where such noise sources create an exterior noise level of 60 dBA CNEL or higher. Acoustical studies that accompany building plans for noise-sensitive land uses must demonstrate that the structure has been designed to limit interior noise in habitable rooms to acceptable noise levels. For new residential buildings, schools, and hospitals, the acceptable interior noise limit for new construction is 45 dBA CNEL. (BSC, n.d.) C. Local Plans, Policies, and Regulations

1. City of Orange General Plan Noise Element
The City of Orange General Plan Noise Element addresses the control and abatement of environmental noise, and the protection of the City of Orange citizens from excessive exposure to noise. The Noise Element specifies the maximum allowable exterior noise levels for new developments impacted by transportation noise sources such as arterial roads, freeways, airports, and railroads. In addition, the Noise Element identifies several polices to minimize the impacts of excessive noise levels throughout the community and establishes noise level requirements for all land uses. To protect City of Orange residents from excessive noise, the Noise Element contains the following policies related to the Project (Urban Crossroads, 2022a, p. 13):
• Policy 1.1: Consider potential excessive noise levels when making land use planning decisions. • Policy 1.2: Encourage new development projects to provide sufficient spatial buffers to separate excessive noise generating land uses and noise-sensitive land uses. • Policy 1.4: Ensure that acceptable noise levels are maintained near noise-sensitive uses. • Policy 1.5: Reduce impacts of high-noise activity centers located near residential areas. • Policy 6.1: Encourage the design and construction of industrial uses to minimize excessive noise through project design features that include noise control. • Policy 6.2: Encourage industrial uses to locate vehicular traffic and operations away from abutting residential zones as much as possible.
• Policy 7.2: Require developers and contractors to employ noise minimizing techniques during construction and maintenance operations.
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• Policy 7.3: Limit the hours of construction and maintenance operations located adjacent to noise-sensitive land uses.

To ensure noise-sensitive land uses are protected from high levels of noise the City of Orange has developed its own land use compatibility standards, based on recommended parameters from the Governor’s Office of Planning and Research (OPR). The City’s Land Use Compatibility standards use the CNEL noise descriptor, are intended to be applicable for land use designations exposed to noise levels generated by transportation related sources. Land use compatibility noise exposure limits are generally established as 65 dBA CNEL for most land use designations throughout the City. Higher exterior noise levels are permitted for multiple-family housing and housing in mixed-use contexts than for single-family houses. This is because multiple-family complexes are generally located in transitional areas between single-family and commercial districts or in proximity to major arterials served by transit, and a more integrated mix of residential and commercial activity (accompanied by higher noise levels) is often desired in mixed-use areas close to transit routes. The City of Orange does not identify any transportation related noise exposure standards for industrial land uses.

2. City of Orange Municipal Code
The Noise Ordinance included in Chapter 8.24 of the City of Orange Municipal Code provides performance standards and noise control guidelines for activities within the City limits, as described below.
 Operational Noise Standards
For noise-sensitive residential property, the City of Orange Municipal Code, Section 8.24.040, identifies exterior noise levels standards of 55 dBA Leq for the daytime hours (7:00 a.m. to 10:00 p.m.) and 50 dBA Leq during the nighttime (10:00 p.m. to 7:00 a.m.) hours. Per Section 8.24.040(B) for multi-family residential or mixed-use developments located within the City’s Urban Mixed Use, Neighborhood Mixed Use, Old Towne Mixed Use or Medium Density Residential General Plan land use districts, exterior noise standards shall apply to common recreation areas only and shall not apply to private exterior space (such as a private yard, patio, or balcony). The City of Orange does not identify any exterior noise level standards for non-residential land uses.  Construction Noise Standards
The City of Orange has set restrictions to control noise impacts associated with the construction of the proposed Project. Section 8.24.50(E) of the City’s Municipal Code states:

Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except for Sunday or a Federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a Federal holiday.

Neither the City’s General Plan nor Municipal Code establish numeric maximum acceptable construction source noise levels at potentially affected receivers, which would allow for a quantified 536
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determination of what CEQA constitutes a substantial temporary or periodic noise increase. Therefore, a numerical construction threshold based on FTA Transit Noise and Vibration Impact Assessment Manual is used for analysis of daytime construction impacts, as discussed below.

According to the FTA, local noise ordinances are typically not very useful in evaluating construction noise. They usually relate to nuisance and hours of allowed activity, and sometimes specify limits in terms of maximum levels, but are generally not practical for assessing the impact of a construction project. Project construction noise criteria should account for the existing noise environment, the absolute noise levels during construction activities, the duration of the construction, and the adjacent land use. Due to the lack of standardized construction noise thresholds, the FTA provides guidelines that can be considered reasonable criteria for construction noise assessment. The FTA considers a daytime exterior construction noise level of 80 dBA Leq as a reasonable threshold for noise sensitive residential land use. While the City of Orange does not identify any specific construction noise level threshold, the City of Orange General Plan EIR relies on the same FTA guidelines for noise and vibration relating to transportation and construction-induced vibration. The 80 dBA Leq daytime exterior construction noise level is derived from this same FTA document used throughout the General Plan EIR to establish reasonable construction threshold of significance.  Vibration
Construction activity can result in varying degrees of ground-borne vibration, depending on the equipment and methods used, distance to the affected structures and soil type. Construction vibration is generally associated with pile driving and rock blasting. Other construction equipment such as air compressors, light trucks, hydraulic loaders, etc., generates little or no ground vibration. Occasionally large bulldozers and loaded trucks can cause perceptible vibration levels at close proximity.

To analyze vibration impacts originating from the operation and construction of the 534 Struck Avenue, vibration-generating activities are appropriately evaluated against standards established under a City’s Municipal Code, if such standards exist. However, the City of Orange does not identify specific vibration level limits. For analysis purposes, Urban Crossroads used the Caltrans Transportation and Construction Vibration Guidance Manual vibration damage to assess potential temporary constructionrelated impacts at adjacent building locations.

4.9.4 BASIS FOR DETERMINING SIGNIFICANCE
According to Section XIII of the CEQA Guidelines, the proposed Project would result in a significant impact to noise if the Project or any Project-related component would result in:
• Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies;
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• For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels.

4.9.5 IMPACT ANALYSIS
Threshold a: Would the Project result in generation of substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
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.

Redevelopment of the Project site with a new building and associated improvements has the potential to result in the generation of elevated noise levels during both near-term construction activities and under long-term operational conditions. Near-term (i.e., temporary) and long-term (i.e., permanent) noise level increases that would be associated with the Project are described below. Urban Crossroads took 24-hour noise measurements at 5 noise measurement locations depicted in Figure 4.9-1, Noise Measurement Locations, to assess the existing noise level environment. To assess the potential shortterm construction and long-term operational noise impacts, Urban Crossroads identified 6 representative noise-sensitive receiver locations at which the Project’s anticipated noise generation was compared against as shown in Figure 4.9-2, Receiver Locations.

A. Construction
The Project’s only potential to cause a substantial temporary or periodic increase in ambient noise levels would occur during the construction phase. Construction activities on the Project site, especially those involving the use of heavy equipment, would create intermittent, temporary increases in ambient noise levels in the vicinity of the Project site. Noise generated by heavy construction equipment including trucks, graders, bulldozers, concrete mixers, and portable generators can reach high levels.

However, construction-related noise increase would: 1) be transitory (i.e., varying from day-to-day and throughout the day), 2) completely cease upon completion of Project construction, and 3) not represent a recurring, periodic source of noise. Although periodic and temporary, construction noise has the potential to be substantial compared to existing ambient noise levels. As such, the Project’s construction-related activities are required to comply with the City’s Noise Ordinance (Municipal Code Section 8.24.040). The City’s Noise Ordinance includes a provision that exempts construction activities during the hours of 7:00 am and 8:00 pm on any day except for Sunday or a Federal holiday, or between the hours of 9:00 am and 8:00 pm on a Sunday or a Federal holiday. 538
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To evaluate the Project’s potential to generate potentially significant construction noise levels at the off-site receiver locations, the analysis is based on a threshold of 80 decibels (dBA) equivalent sound level (Leq) for daytime construction-related noise. This threshold was established in FTA’s Transit Noise and Vibration Impact Assessment Manual, as described above. As shown in Table 4.9- 2,Construction Noise Level Compliance the Project’s construction-related noise at the off-site receiver locations will satisfy the 80 dBA Leq significance threshold. Therefore, impacts would be less than significant.

Table 4.9-2 Construction Noise Level Compliance
Receiver Location1 Construction Noise Level (dBA Leq)
Highest Noise Level2 Threshold3 Threshold Exceeded?4
R1 73.8 80 No
R2 66.2 80 No
R3 78.7 80 No
R4 70.3 80 No
R5 59.0 81 No
R6 57.1 82 No 1Noise receiver locations are shown on Figure 4.9-2. 2Highest construction noise level calculations based on distance from the construction noise source activity to nearby receiver locations.
3FTA, Transit Noise and Vibration Impact Assessment Manual. 4Do the estimated Project construction noise levels exceed the construction noise level threshold? Source: (Urban Crossroads, 2022a, Table 10-3)
B. Operational – Stationary
This section analyzes the potential stationary-source operational noise impacts at the nearest receiver locations, identified in Figure 4.9-2, resulting from the operation of the proposed 534 Struck Avenue Project. Figure 4.9-3, Operational Noise Source Locations, identifies the noise source locations used to assess the operational noise levels.

Future tenants of the proposed Project are currently unknown. Therefore, this operational noise analysis is intended to describe noise level impacts associated with the expected typical of warehouse use activities at the Project site. To present the potential worst-case noise conditions, this analysis assumes the Project would be operational 24 hours per day, seven days per week. The on-site Projectrelated noise sources are expected to include: loading dock activity, truck terminal activity, roof-top air conditioning units trash enclosure activity, parking lot vehicle movements and truck movements.

According to the City’s Municipal Code Section 8.24.040, the maximum allowable exterior sound levels for uses in proximity to residential uses are 55 dBA Leq from 7:00 am to 10:00 pm (daytime) and 50 dBA Leq from 10:00 pm to 7:00 am (nighttime). Public facility uses do not have a threshold for maximum allowable exterior sound levels established in the Municipal Code. 540
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To estimate the Project’s operational noise impacts, reference noise level measurements were collected from similar types of activities to represent the noise levels anticipated with the development of the Project (see Table 4.9-3). It should be noted that the Project’s projected noise levels assume the worstcase scenario environment with the loading dock activity, truck terminal activity, truck movements, and roof-top air conditioning units, trash enclosure activity, parking lot vehicle movements and truck movements all operating at the same time. These noise level impacts will likely vary throughout the day.

Table 4.9-3 Reference Noise Level Measurements
Noise Source1
Noise
Source
Height
(Feet)
Min./
Hour2 Reference
Noise Level
(dBA Leq)
@ 50 Feet
Sound
Power
Level
(dBA) Day Night 3
Loading Dock and Truck Terminal Activity 8' 60 60 62.8 103.4 Roof-Top Air Conditioning Units 5' 39 28 57.2 88.9
Trash Enclosure Activity 5' 10 10 57.3 89.0
Parking Lot Vehicle Movements 5' 60 60 56.1 87.8
Truck Movements 8' 60 60 59.8 93.2
1 As measured by Urban Crossroads, Inc.
2 Anticipated duration (minutes within the hour) of noise activity during typical hourly conditions expected at the Project site. "Daytime" = 7:00 a.m. - 10:00 p.m.; "Nighttime" = 10:00 p.m. - 7:00 a.m. 3 Sound power level represents the total amount of acoustical energy (noise level) produced by a sound source independent of distance or surroundings. Sound power levels calculated using the CadnaA noise model at the reference distance to the noise source. Numbers may vary due to size differences between point and area noise sources.

Source: (Urban Crossroads, 2022a, Table 9-1)

1. Loading Dock and Truck Terminal Activity
The reference loading dock and truck terminal activities are intended to describe the typical operational noise source levels associated with the Project. This includes truck idling, deliveries, backup alarms, trailer movements, unloading/loading, docking including a combination of tractor trailer semi-trucks, two-axle delivery trucks, and background forklift operations. At a uniform reference distance of 50 feet, the reference noise level was 62.8 dBA Leq. The loading dock activity noise level measurement was taken over a fifteen-minute period and represents multiple noise sources taken from the center of activity. The reference noise level measurement includes a semi-truck with trailer pass-by event, background switcher cab trailer towing, drop-off, idling, backup alarm events, employees unloading a docked truck container included the squeaking of the truck’s shocks when weight was removed from the truck, employees playing music over a radio, as well as a forklift horn. In addition, during the noise level measurement a truck entered the loading dock area and proceeded to reverse and dock in a nearby loading bay, adding truck engine, idling, air brakes noise, in addition to on-going idling of an already docked truck. Noise associated with loading dock and truck trailer activity is expected to operate for the entire hour (60 minutes).
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2. Roof-Top Air Conditioning Units
The noise level measurements describe a single mechanical roof-top air conditioning unit. The reference noise level represents a Lennox SCA120 series 10-ton model packaged air conditioning unit.

At the uniform reference distance of 50 feet, the reference noise levels are 57.2 dBA Leq. Based on the typical operating conditions observed over a four-day measurement period, the roof-top air conditioning units are estimated to operate for and average 39 minutes per hour during the daytime hours, and 28 minutes per hour during the nighttime hours. These operating conditions reflect peak summer cooling requirements with measured temperatures approaching 96 degrees Fahrenheit (°F) with average daytime temperatures of 82°F. For this noise analysis, the air conditioning units are expected to be located on the roof of the Project buildings.

3. Trash Enclosure Activity
To describe the noise levels associated with a trash enclosure activity, reference noise level measurement was collected at an existing trash enclosure containing two dumpster bins. The trash enclosure noise levels describe metal gates opening and closing, metal scraping against concrete floor sounds, dumpster movement on metal wheels, and trash dropping into the metal dumpster. The reference noise levels describe trash enclosure noise activities when trash is dropped into an empty metal dumpster, as would occur at the Project site. The measured reference noise level at the uniform 50-foot reference distance is 57.3 dBA Leq for the trash enclosure activity. The reference noise level describes the expected noise source activities associated with the trash enclosures for the Project’s proposed building. Typical trash enclosure activities are estimated to occur for 10 minutes per hour.

4. Parking Lot Vehicle Movements
To describe the on-site parking lot activity, a long-term 29-hour reference noise level measurement was collected in the center of activity within the staff parking lot of an Amazon warehouse distribution center. At 50 feet from the center of activity, the parking lot produced a reference noise level of 56.1 dBA Leq. Parking activities are expected to take place during the full hour (60 minutes) throughout the daytime and evening hours. The parking lot noise levels are mainly due cars pulling in and out of parking spaces in combination with car doors opening and closing.

5. Truck Movements
The truck movements reference noise level measurement was collected over a period of 1 hour and 28 minutes and represents multiple heavy trucks entering and exiting the outdoor loading dock area producing a reference noise level of 59.8 dBA Leq at 50 feet. The noise sources included at this measurement location account for trucks entering and existing the Project driveways and maneuvering in and out of the outdoor loading dock activity area.

6. Project Operational Noise Levels
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expected to be generated at the Project site and the Project-related noise level increases that would be experienced at each of the sensitive receiver locations. See Tables 9-2 and 9-3 if the Noise Report (Technical Appendix J of this EIR) for the operational noise levels during the daytime hours of 7:00 a.m. to 10:00 p.m and nighttime hours of 10:00 p.m. to 7:00 a.m, respectively. The daytime hourly noise levels at the off-site receiver locations are expected to range from 40.6 to 52.2 dBA Leq. The nighttime hourly noise levels at the off-site receiver locations are expected to range from 40.6 to 52.2 dBA Leq. The differences between the daytime and nighttime noise levels are largely related to the estimated duration of noise activity as outlined in Table 4.9-3.

The Project-only operational noise levels are evaluated against exterior noise level thresholds based on the City of Orange exterior noise level standards at nearby noise-sensitive receiver locations. Table

4.9-4, Operational Noise Level Compliance, shows the operational noise levels associated with the Project will satisfy the City of Orange daytime and nighttime exterior noise level standards. Therefore, the operational noise impacts are considered less than significant at the nearby noise-sensitive receiver locations.

Table 4.9-4 Operational Noise Level Compliance
Receiver
Location1 Land Use
Noise Levels dBA Leq
Project Operational
Noise Levels2
Noise Level
Standards3
Noise Level Standards
Exceeded?4
Daytime Nighttime Daytime Nighttime Daytime Nighttime
R1 PublicInstitutional 52.2 52.2 n/a n/a No No
R2 Proposed
Residential 46.7 46.7 55 50 No No
R3 The HUB OC 51.7 51.7 n/a n/a No No
R4 Residential 47.3 47.3 55 50 No No
R5 Residential 42.9 42.9 55 50 No No
R6 Industrial 40.6 40.6 n/a n/a No No 1See Figure 4.9-2 for the receiver locations. 2Anticipated project operational noise levels. 3Exterior noise level standards. 4Do the estimated Project operational noise source activities exceed the noise level standards? “Daytime” = 7:00 am – 10:00 pm; “Nightime” = 10:00pm – 7:00 am Source: (Urban Crossroads, 2022a, Table 9-4)
C. Traffic-Related Off-Site Noise
The Project is anticipated to generate a net total of 396 vehicle trip-ends per day with 176 truck tripends per day (Technical Appendix K1). To assess the off-site transportation CNEL noise level impacts associated with the development of the Project, noise contours were developed based on the Traffic Analysis (Technical Appendix K1). The noise contours represent the distance to noise levels of a constant value and are measured from the center of the roadway for the 70, 65, and 60 dBA noise levels. The noise contours do not consider the effect of any existing noise barriers or topography that may attenuate ambient noise levels. In addition, because the noise contours reflect modeling of 544
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vehicular noise on area roadways, they appropriately do not reflect noise contributions from the surrounding stationary noise sources within the Project study area. Tables 7-1 to 7-5 in the Noise Report (Technical Appendix J) present a summary of the exterior traffic noise levels for each traffic condition. Appendix 7.1 in the Noise Report (Technical Appendix J) includes the traffic noise level contours worksheets for each traffic condition.

Table 4.9-5, Existing with Project Traffic Noise Level Increases, shows the Existing with and without Project conditions CNEL noise levels. The Existing without Project exterior noise levels range from

62.6 to 73.0 dBA CNEL, without accounting for any noise attenuation features such as noise barriers or topography. The Existing with Project conditions range from 62.8 to 73.1 dBA CNEL. The Project off-site traffic noise level increases range from 0.0 to 4.5 dBA CNEL on the study area roadway segments. Based on the significance criteria for off-site traffic noise of greater than or equal to 3 dBA Leq if ambient noise is greater than 65 dBA Leq and greater or equal to 5 dBA Leq if ambient noise is less than 65 dBA Leq, land uses adjacent to the study area roadway segments would experience less than significant noise level increases on receiving land uses due to the Project-related traffic.

Table 4.9-5 Existing with Project Traffic Noise Level Increases ID Road Segment
CNEL at Receiving
Land Use (dBA)1
Incremental Noise
Level Increase
Threshold2
No
Project
With
Project
Project
Increment Limit Exceeded?
1 Main St. n/o Struck Av. 71.0 71.0 0.0 3.0 No
2 Main St. s/o Struck Av. 71.6 71.6 0.0 3.0 No
3 Batavia St. n/o Katella Av. 69.9 69.9 0.0 3.0 No
4 Batavia St. s/o Katella Av. 68.9 69.9 1.0 3.0 No
5 Batavia St. s/o Struck Av. 69.4 69.5 0.1 3.0 No
6 Katella Av. w/o Main St. 71.2 71.5 0.3 3.0 No
7 Katella Av. e/o Main St. 71.9 72.2 0.3 3.0 No
8 Katella Av. e/o Batavia Av. 72.4 72.5 0.1 3.0 No
9 Katella Av. w/o SR-57 SB
Ramps 73.0 73.0 0.0 3.0 No
10 Katella Av. e/o SR-57 NB Ramps 72.8 73.1 0.3 3.0 No
11 Struck Av. w/o Main St. 68.0 68.0 0.0 3.0 No
12 Struck Av. e/o Main St. 62.7 62.8 0.1 5.0 No
13 Struck Av. e/o Batavia Av. 62.6 67.1 4.5 5.0 No
1 The CNEL is calculated at the boundary of the right-of-way of each roadway and the property line of the receiving land use. 2 Does the Project create an incremental noise level increase exceeding the significance criteria? Source: (Urban Crossroads, 2022a, Table 7-5)
Table 4.9-6, Opening Year Conditions with Project Traffic Noise Level Increases, presents the Opening Year Cumulative (OYC) with and without Project conditions CNEL noise levels. The OYC without Project exterior noise levels range from 63.5 to 73.2 dBA CNEL, without accounting for any noise 545
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attenuation features such as noise barriers or topography; and with Project conditions will range from

63.6 to 73.3 dBA CNEL. The Project off-site traffic noise level increases range from 0.0 to 3.9 dBA CNEL. Based on the significance criteria for off-site traffic noise of greater than or equal to 3 dBA Leq if ambient noise is greater than 65 dBA Leq and greater or equal to 5 dBA Leq if ambient noise is less than 65 dBA Leq, land uses adjacent to the study area roadway segments would experience less than significant noise level increases on receiving land uses due to the Project-related traffic under OYC traffic conditions.

Table 4.9-6 Opening Year Conditions with Project Traffic Noise Level Increases ID Road Segment
CNEL at Receiving
Land Use (dBA)1
Incremental Noise
Level Increase
Threshold2
No
Project
With
Project
Project
Increment Limit Exceeded?
1 Main St. n/o Struck Av. 71.1 71.1 0.0 3.0 No
2 Main St. s/o Struck Av. 71.8 71.8 0.0 3.0 No
3 Batavia St. n/o Katella Av. 70.2 70.3 0.1 3.0 No
4 Batavia St. s/o Katella Av. 69.2 70.2 1.0 3.0 No
5 Batavia St. s/o Struck Av. 69.7 69.8 0.1 3.0 No
6 Katella Av. w/o Main St. 71.4 71.7 0.3 3.0 No
7 Katella Av. e/o Main St. 72.1 72.4 0.3 3.0 No
8 Katella Av. e/o Batavia Av. 72.6 72.7 0.1 3.0 No
9 Katella Av. w/o SR-57 SB
Ramps 73.2 73.2 0.0 3.0 No
10 Katella Av. e/o SR-57 NB Ramps 73.1 73.3 0.2 3.0 No
11 Struck Av. w/o Main St. 68.4 68.5 0.1 3.0 No
12 Struck Av. e/o Main St. 63.5 63.6 0.1 5.0 No
13 Struck Av. e/o Batavia Av. 63.6 67.5 3.9 5.0 No
1 The CNEL is calculated at the boundary of the right-of-way of each roadway and the property line of the receiving land use. 2 Does the Project create an incremental noise level increase exceeding the significance criteria? Source: (Urban Crossroads, 2022a, Table 7-6)
Threshold b: Would the Project result in generation of excessive groundborne vibration or groundborne noise levels?
According to the FTA, vibration is the period oscillation of a medium or object. Sources of groundborne vibrations include natural phenomena (e.g., earthquake, landslides, sea waves) or human-made causes (e.g., explosions, machinery, traffic, trains, construction equipment). To analyze vibration impacts originating from the operation and construction of the Project, vibration-generating activities are evaluated based on FTA methodology. The FTA Transit Noise and Vibration Impact Assessment Manual methodology provides guidelines for the maximum-acceptable vibration criteria. A significant impact would occur if the Project results in an exceedance of 75 vibration decibels (vdB). 546
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A. Construction-Related Vibration Impacts
Construction activities on the Project site would utilize heavy equipment that has the potential to generate low levels of intermittent, localized ground-borne vibration. The Project’s construction activities most likely to cause vibration impacts are:
• Heavy Construction Equipment: Although all heavy mobile construction equipment has the potential of causing at least some perceptible vibration while operating close to buildings, the vibration is usually short-term and is not of sufficient magnitude to cause building damage. • Trucks: Trucks hauling building materials to construction sites can be sources of vibration intrusion if the haul route passes through residential neighborhoods on streets with bumps or potholes. Repairing the bumps and potholes generally eliminates the problem.

As shown in Table 4.9-7, Project Construction Vibration Levels, at distances ranging from 31 feet to 563 feet from construction activity, construction vibration levels are calculated to range from 0.001 to

0.064 PPV (in/sec). Based on the maximum acceptable continuous vibration threshold of 0.3 PPV (in/sec), typical Project construction vibration levels will fall below the building damage thresholds at all noise sensitive receiver locations. Additionally, the vibration level reported at the sensitive receiver locations are unlikely to be sustained during the entire construction period but will occur only during the times that heavy construction equipment is operating adjacent to the Project site perimeter.

Therefore, Project-related vibration impacts are considered less than significant during typical construction activities at the Project site.

Table 4.9-7 Project Construction Vibration Levels
Receiver
Location1
Distance to
Construction
Activity (Feet)2
Typical Construction Vibration Levels PPV (in/sec)3
Thresholds
PPV
(in/sec)4
Threshold
Exceeded? Small 5
bulldozer Jackhammer Loaded Trucks
Large
bulldozer
Highest
Vibration
Levels
R1 96 0.000 0.005 0.010 0.012 0.012 0.3 No
R2 245 0.000 0.001 0.002 0.003 0.003 0.3 No
R3 31 0.002 0.025 0.055 0.064 0.064 0.3 No
R4 126 0.000 0.003 0.007 0.008 0.008 0.3 No
R5 563 0.000 0.000 0.001 0.001 0.001 0.3 No
R6 59 0.001 0.010 0.021 0.025 0.025 0.3 No 1 Receiver locations as shown on Figure 4.9-2. 2 Distance from receiver to Project construction boundary. 3 Based on the Vibration Source Levels of Construction Equipment (Table 10-4 of Urban Crossroads report). 4 Caltrans Transportation and Construction Vibration Guidance Manual, April 2020, Table 19, p. 38. 5 Does the peak vibration exceed the acceptable vibration thresholds? "PPV" = Peak Particle Velocity
Source: (Urban Crossroads, 2022a), Table 10-5
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B. Operational Vibration Impacts
Under long-term conditions, the Project would not include nor require equipment, facilities, or activities that would result in substantial or perceptible ground-borne vibration. Trucks would travel to and from the Project site during long-term operation; however, vibration levels for heavy trucks operating at low-to-normal speeds on smooth, paved surfaces–as expected on the Project site and surrounding roadways–typically do not exceed 0.004 in/sec PPV, which is lower than the Caltrans vibration thresholds of 0.3 in/sec PPV for building damage and 0.04 in/sec PPV annoyance.

Accordingly, long-term operation of the Project would not generate or expose persons to excessive ground-borne vibration or ground-borne noise levels, and a less than significant impact would occur.

Threshold c: For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the project area to excessive noise levels?
As previously discussed, the Project site is not in proximity to any private airstrip or airport and is not within an airport land use plan. The closest airport to the Project site is the Fullerton Municipal Airport located approximately 8.0 miles northwest. Implementation of the Project does not have the potential to expose people residing or working in the Project area to excessive noise levels associated with air travel. No impacts would occur.

4.9.6 CUMULATIVE IMPACT ANALYSIS
A. Construction Noise
Construction activities associated with the proposed Project, especially activities involving heavy equipment, would create intermittent periods of noise when construction equipment is in operation and cause a short-term increase in ambient noise levels. The list of cumulative projects that have the potential to collectively increase noise is provided in Table 4.0-1 in Section 4.0, Environmental Analysis, of this EIR. As detailed on that list, there are no ongoing or imminent construction projects in the immediate vicinity of the proposed Project site with construction periods that are expected to overlap with the Project. Accordingly, there is no potential for Project-related construction activities to contribute to cumulatively-considerable impacts to occupied sensitive receptor locations.

B. Stationary Noise
The analysis presented for Threshold “a” addresses the Project’s contribution of noise to existing cumulative noise sources (i.e., ambient noise) in the Project area. As previously shown in this Subsection, the Project’s noise contribution would not be perceptible to noise-sensitive receptors in the Project area during daytime or nighttime hours. The Project’s permanent stationary noise impacts would not be cumulatively-considerable.
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C. Traffic Noise
The analysis presented under Threshold “a” evaluates the Project’s traffic noise contribution along study area roadways with consideration of near-term cumulative development. As summarized in that analysis, the Project’s traffic noise contributions along study area roadways would not exceed applicable significance thresholds and, therefore, would not be cumulatively-considerable under nearterm conditions.

Table 4.9-8, Cumulative Traffic Noise Level Increases, presents a summary of the cumulative noise level increases for each of the study area roadway segments. The cumulative traffic noise level increase increment describes the difference between the Opening Year with Project conditions and the Existing (baseline) conditions. Cumulative impacts are caused by Project traffic in combination with traffic from other closely related past, present, and reasonably foreseeable future projects rather than Projectonly traffic.

The cumulative off-site traffic noise level increases presented on Table 4.9-8 are expected to range from 0.1 to 4.9 dBA CNEL and will not exceed the cumulative off-site traffic noise level increase thresholds on any of the study area roadway segments due to the cumulative and Project-related traffic.

Therefore, the cumulative noise impacts are not cumulatively considerable, and the off-site traffic noise impacts are less than significant.

Table 4.9-8 Cumulative Traffic Noise Level Increases
ID Road Segment
CNEL at Receiving
Land Use (dBA)1
Noise Level
Increase Threshold2
Existing
No
Project
OYC
With
Project
Cumulative
Increase Limit Cumulative Impact?
1 Main St. n/o Struck Av. 71.0 71.1 0.1 3.0 No
2 Main St. s/o Struck Av. 71.6 71.8 0.2 3.0 No
3 Batavia St. n/o Katella Av. 69.9 70.3 0.4 3.0 No
4 Batavia St. s/o Katella Av. 68.9 70.2 1.3 3.0 No
5 Batavia St. s/o Struck Av. 69.4 69.8 0.4 3.0 No
6 Katella Av. w/o Main St. 71.2 71.7 0.5 3.0 No
7 Katella Av. e/o Main St. 71.9 72.4 0.5 3.0 No
8 Katella Av. e/o Batavia Av. 72.4 72.7 0.3 3.0 No
9 Katella Av. w/o SR-57 SB Ramps 73.0 73.2 0.2 3.0 No
10 Katella Av. e/o SR-57 NB Ramps 72.8 73.3 0.5 3.0 No
11 Struck Av. w/o Main St. 68.0 68.5 0.5 3.0 No
12 Struck Av. e/o Main St. 62.7 63.6 0.9 5.0 No
13 Struck Av. e/o Batavia Av. 62.6 67.5 4.9 5.0 No
1 The CNEL is calculated at the boundary of the right-of-way of each roadway and the property line of the receiving land use. 2 Does the Project create an incremental noise level increase exceeding the significance criteria? 549
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Source: (Urban Crossroads, 2022a, Table 7-7)
D. Ground-borne Vibration and Noise
During construction, the Project’s peak vibration impacts would occur during the grading phase when large pieces of equipment, like bulldozers, are operating on-site. During the non-grading phases of Project construction, when smaller pieces of equipment are used on-site, the Project’s vibration would be minimal. Vibration effects diminish rapidly from the source; therefore, the only reasonable sources of cumulative vibration in the vicinity of the Project site could occur on properties abutting these sites.

As described above, there are no known active or pending construction projects abutting the Project site that would overlap with the Project’s proposed construction schedule. Accordingly, there is no potential for the Project to contribute to the exposure of persons to substantial temporary ground-borne vibration or noise.

Under long-term conditions, the Project would not include or require equipment or activities that would result in perceptible ground-borne vibration beyond the Project site. Trucks would travel to and from the Project site along local roadways; however, vibration levels for heavy trucks operating at the posted speed limits on paved surfaces are not perceptible beyond the roadway. The Project would not cumulatively-contribute to the exposure of persons to excessive ground-borne vibration or noise levels during long-term operation.

E. Airport Noise
There are no conditions associated with implementation of the Project that would contribute airport noise or exposure of additional people to unacceptable levels of airport noise. Accordingly, the Project would have no potential to cumulatively contribute to impacts associated with noise from a public airport, public use airport, or private airstrip. Additionally, the Project site and the immediately surrounding area are not subject to substantial airport- or air traffic-related noise. Accordingly, there is no potential for cumulative development to expose persons residing or working in the Project area to excessive airport-related noise levels.

4.9.7 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: Less-than-Significant Impact. The Project would generate short-term construction and long-term operational noise but would not generate noise levels that exceed significance thresholds.

The Project would not result in generation of substantial temporary or permanent increase in ambient noise levels in the vicinity of the project. Impacts are less than significant.

Threshold b: Less-than-Significant Impact. The Project’s construction and operational activities would not result in excessive groundborne vibration or groundborne noise levels. Impacts are less than significant.
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Threshold c: No Impact. The Project site is not located within two miles of a public airport or within an airport land use plan, nor is the Project site located within the vicinity of a private airstrip. No impact would occur.

4.9.8 MITIGATION
Project impacts would be less than significant and mitigation is not required. 551
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4.10 TRANSPORTATION
This Subsection is based, primarily, on traffic analysis prepared by Urban Crossroads titled “534 Struck Avenue Traffic Analysis” dated October 10, 2022 (Urban Crossroads, 2022b); vehicle miles traveled reports prepared by Urban Crossroads, titled “534 Struck Avenue Vehicle Miles Traveled (VMT) Screening Evaluation” dated January 5, 2023 (Urban Crossroads, 2023e). These reports are included in this EIR as Technical Appendices K1 and K2 respectively.

This Subsection assesses transportation impacts resulting from implementation of the Project. In accordance with Senate Bill (SB) 743, further discussed under Subsection 4.10.2 below, the California Natural Resources Agency (CNRA) adopted changes to the CEQA Guidelines in December 2018, which identify that starting on July 1, 2020, vehicle miles traveled (VMT) is the appropriate metric to evaluate a project’s transportation impacts. As of December 2018, when the revised CEQA Guidelines were adopted, automobile delay, as measured by “level of service” (LOS) and other similar metrics, no longer constitutes a significant environmental effect under CEQA. Lead agencies in California are required to use VMT to evaluate project-related transportation impacts.

4.10.1 ENVIRONMENTAL SETTING
A. Existing Roadway System
The Project site 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. Access to the Project site is via three two-way driveways along Struck Avenue. The primary regional vehicular travel route serving the Project area is SR-57 via Katella Avenue located approximately 1.26 miles west.

B. Existing Bicycle and Pedestrian Facilities
As shown in Figure 4.10-1, City of Orange General Plan Bike Network, the closest bike lane is a proposed Class I (off-road) bike facility proposed along the Collins Channel, approximately 0.3 miles northwest from the Project site. There is no existing Class II (on-street, striped) or Class III (signed, but not striped) bike lanes within the Project site and its surroundings. Under existing conditions, sidewalks are provided along Struck Avenue, except along the Project’s site frontage. As shown in Figure 4.10-2, Existing Pedestrian Facilities, there are pedestrian facilities in place in the vicinity of the Project site.

C. Existing Transit Service
The Project site is currently served by Orange County Transit Authority (OCTA) with bus service along Katella Avenue Main Street. OCTA Route 50 and Route 153 run along Katella Avenue and portions of Main Street (north of Katella Avenue). OCTA Route 53 runs along Main Street. As shown in Figure 4.10-3, Existing Transit Routes, the closest existing bus stop is located at Batavia Street at Katella Avenue for OCTA Route 50, approximately 0.3 miles northwest from the Project site. 552
553
554
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D. Existing Truck Routes
Both Katella Avenue and Batavia Street adjacent to the Project are identified as truck routes. These truck routes serve both the proposed Project and future cumulative development projects throughout the Project area.

4.10.2 REGULATORY FRAMEWORK
A. State Regulations

1. Senate Bill 743 and VMT-Based Analysis
SB 743 (Steinberg, 2013), which was codified in Public Resources Code section 21099, required changes to the guidelines implementing CEQA Guidelines regarding the analysis of transportation impacts. Pursuant to Section 21099(b)(1), the criteria for determining the significance of transportation impacts must “promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.” (see generally, adopted CEQA Guidelines, § 15064.3, subd. (b) [Criteria for Analyzing Transportation Impacts].) With the California Natural Resources Agency’s certification and adoption of the changes to the CEQA Guidelines, automobile delay, as measured by “level of service” and other similar metrics, no longer constitutes a significant environmental effect under CEQA, except in specific circumstances identified in the CEQA Guidelines. (Pub. Resources Code, § 21099, subd. (b)(2)) B. Regional Regulations

1. SCAG Regional Transportation Plan/Sustainable Communities Strategy The Southern California Association of Governments (SCAG) is a regional agency established pursuant to California Government Code § 6500, also referred to as the Joint Powers Authority law.

SCAG is designated as a Council of Governments (COG), a Regional Transportation Planning Agency (RTPA), and a Metropolitan Planning Organization (MPO). The Project site is within SCAG’s regional authority. On September 3, 2020, SCAG adopted the 2020-2045 Regional Transportation Plan (RTP)/Sustainable Communities Strategy (SCS) (“RTP/SCS”; also referred to herein as “Connect SoCal”) with goals to: 1) Encourage regional economic prosperity and global competitiveness; 2) Improve mobility, accessibility, reliability, and travel safety for people and goods; 3) Enhance the preservation, security, and resilience of the regional transportation system; 4) Increase person and goods movement and travel choices within the transportation system; 5) Reduce greenhouse gas emissions and improve air quality; 6) Support healthy and equitable communities; 7) Adapt to a changing climate and support an integrated regional development pattern and transportation network; 8) Leverage new transportation technologies and data-driven solutions that result in more efficient travel; 9) Encourage development of diverse housing types in areas that are supported by multiple transportation options; and 10) Promote conservation of natural and agricultural lands and restoration of habitats (SCAG, 2020). Performance measures and funding strategies also are included to ensure that the adopted goals are achieved through implementation of the RTP. 556
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Connect SoCal includes long-range regional transportation plans, regional transportation improvement programs, regional housing needs allocations, and other plans for the region. Connect SoCal also provides objectives for meeting emissions reduction targets set forth by the California Air Resources Board (CARB); these objectives were provided in a direct response to SB 375 which was enacted to reduce greenhouse gas emissions from automobiles and light trucks through integrated transportation, land use, housing, and environmental planning (SCAG, 2020). Connect SoCal is updated periodically to allow for the consideration and inclusion of new transportation strategies and methods.

The Goods Movement Technical Report of Connect SoCal is applicable to the Project because the Project includes industrial uses, which are closely associated with, and rely directly on, the goods movement system (e.g., manufacturing, construction, retail trade, wholesale trade and transportation, and warehousing). In April 2018, SCAG published a document entitled Industrial Warehousing in the SCAG Region. According to the document, the SCAG region is a vibrant hub for international and domestic trade because of its large transportation base and extensive multimodal transportation system.

The SCAG region’s freight transportation system includes warehouses and distribution centers; the Ports of Los Angeles, Long Beach, and Hueneme; airports; rail intermodal terminals; rail lines, and local streets, State highways, and interstates. Together the system enables the movement of goods from source to market, facilitating uninterrupted global commerce. The region is home to approximately 34,000 warehouses with 1.17 billion square feet (s.f.) of warehouse building space, and undeveloped land that could accommodate an additional 338 million s.f. of new warehouse building space. These warehouses attract robust logistics activities and are a major reason the region is a critical mode in the global supply chain. (SCAG, 2018)
C. Local Regulations

1. City of Orange General Plan Circulation and Mobility Element The City of Orange General Plan Circulation and Mobility Element prioritizes the issues and opportunities that exist within the City of Orange’s transit network. The goals, policies, and implementation programs of the Circulation & Mobility Element seek to achieve a better balance between vehicular, pedestrian, and bicycle travel, and to provide a wide range of viable transportation options to Orange residents. The following six issues are addressed: (1) enhancing the local circulation system; (2) maintaining the regional circulation system; (3) maintaining a viable public transportation network; (4) creating a comprehensive system of sidewalks, trails, and bikeways; (5) providing adequate parking facilities; and (6) improving circulation system aesthetics and safety. (Orange, 2015d)

4.10.3 METHODOLOGY
CEQA Guidelines Section 15064.3(b) establishes criteria for evaluating a project’s transportation impacts based on project type and using automobile VMT as the metric. As identified in Section 15064.3(b)(4) of the CEQA Guidelines, a lead agency has the discretion to choose the most appropriate methodology to evaluate a project's VMT. The Governor’s Office of Planning and Research (OPR) released a Technical Advisory on Evaluating Transportation Impacts in CEQA. Based on OPR’s 557
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Technical Advisory, the City of Orange has prepared their City of Orange Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment. The City Guidelines have been utilized to prepare the Project’s VMT analysis.

For the purposes of fully disclosing potential VMT impacts, this analysis includes a VMT evaluation measuring Project VMT. City Guidelines identify Orange County Transportation Analysis Model (OCTAM) version 5.0 as the appropriate tool for conducting VMT analysis for land use projects in the City of Orange. OCTAM is a useful tool to estimate VMT as it considers interactions between different land uses based on socio-economic data such as population, households, and employment.

4.10.4 BASIS FOR DETERMINING SIGNIFICANCE
According to Section XVI of Appendix G to the CEQA Guidelines, the proposed Project would result in a significant impact to transportation and traffic if the Project or any Project-related component would (OPR, 2019):
• Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities;
• Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b); • Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment); • Result in inadequate emergency access.

4.10.5 IMPACT ANALYSIS
Threshold a: Would the Project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? A. Project Trip Generation
The Institute of Transportation Engineers Trip Generation Manual includes trip generation rates for an Intermodal Truck Terminal (ITE Land Use Code 030), however, upon further review the land use was not deemed appropriate for use. Specifically, the rates included in the ITE Trip Generation Manual are based on data collected at only 2 or 4 sites (ranging in size from 10,000 to 35,000 square feet), which are all located outside of California and are dated from the 1990s and 2010s. ITE also has a cautionary note on the AM peak hour trip generation rates as the number of surveyed sites is below the ITE’s recommended minimum of 3 sites.

In light of the proposed building size discrepancy and the desire to use data that is more current data that is specific to Southern California, driveway counts were collected at 5 existing facilities in order to generate a unique rate specific to the proposed Project. The sites that were specifically chosen are very similar in nature to the proposed Project. The data collected at the 5 sites indicates most of the 558
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truck activity occurs outside of the typical morning and evening peak commute hours (7-9 AM and 4- 6 PM). The number of dock doors has been utilized as the independent variable in calculating the trip generation rates as opposed to square footage since the proposed building is not intended to be used for the storage of materials. The trip generation for a truck terminal facility could be better correlated to the number of dock doors due to the truck activity associated with the transfer of goods. The empirical data provides a more conservative (higher) trip rate than trip generations rates under ITE Land Use Code 030.

As a result, implementation of the Project is anticipated to generate 396 two-way daily trips with 26 AM peak hour trips and 23 PM peak hour trips. (Urban Crossroads, 2022b) B. Roadway Facilities
According to Figure CM-2 of the City General Plan Circulation and Mobility Element, Struck Avenue is classified as a Collector Street (2 lanes undivided), Batavia Street is classified as a Primary Arterial (4 lanes divided), and Katella Avenue 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).

As shown in Figure 4.10-4, Truck Routes, truck-trailers will utilize SR-57 via Katella Avenue to travel to the site. 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. Trucktrailers 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. The Project would utilize routes consistent with the City’s truck routes. Additionally, the City will impose conditions of approval to require 1) posting of the truck routes in the building; 2) tenant provided driver education on the truck route; and 3) truck route street signage. Therefore, implementation of the Project would not conflict with an applicable plan, ordinance, or policy addressing the circulation system. Impacts would be less than significant.

C. Transit
The OCTA provides bus service for the City. The nearest bus stop to the Project site is the Route 50 Katella-Batavia bus stop operated by OCTA located approximately 0.3 miles (approximate 4-minute walk) northwest. The City recognizes that ridership of bus systems will increase and has designed a land use plan that enables and accommodates increased transit use. The City has identified major commercial and employment areas which include the Town and County Road corridor, South Main Street, Katella Avenue, Uptown Orange, and Old Towne. The Project site is not located within the identified major commercial and employment areas of the City. Therefore, the Project does not have 559
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the potential to interfere with the City’s goal to provide convenient and attractive transit amenities and streetscape features to encourage transit use. No impacts would occur.

D. Bicycle and Pedestrian Facilities
The City of Orange recognizes walking and biking contribute to a healthy community and play significant roles as alternatives to the automobile. The City has identified mixed-use areas and reinvigorated commercial areas within the City as spaces that will provide people areas to walk and shop. The City’s goal is to create and implement a pedestrian-oriented streetscape master plan addressing the key commercial corridors including Tustin Street, Chapman Avenue, Main Street, Lincoln Avenue, and Katella Avenue. The Project site not in any of the key commercial corridors. 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. Implementation of the Project would not interfere with the City’s pedestrian-oriented streetscape master plan. No impacts would occur.

As previously discussed, the Project site is within an industrialized area of the City. According to Figure CM-3 of the City’s General Plan Circulation and Mobility Element, there are is no existing Class II (on-street, striped) or Class III (signed, but not striped) bike lanes within the Project site and its surroundings. Implementation of the Project would not interfere with the City’s Bikeway Master Plan. No impacts would occur.
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Threshold b: Would the Project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
Changes to State CEQA Guidelines were adopted in December 2018, which requires all lead agencies to adopt vehicle miles traveled (VMT) as a replacement for automobile delay-based level of service (LOS) as the new measurement for identifying transportation impacts for land use projects. This statewide mandate took effect on July 1, 2020.

The City of Orange adopted their own VMT analysis guidelines and thresholds on July 14, 2020. The City has chosen to utilize the North Orange County Collaborative VMT Traffic Study Screening Tool (Screening Tool) that identifies VMT screening criteria for a project based on the type of land use and its location within the City. The Screening tool is based on the screening criteria described in the adopted City Guidelines and follows the those recommended by the Office of Planning and Research (OPR) in their Technical Advisory on Evaluating Transportation Impacts in CEQA.

The City Guidelines provide a multi-step procedure to evaluate VMT screening criteria that can be used to identify when a proposed land use project is anticipated to result in a less than significant impact without conducting a more detailed project level VMT analysis. The screening criteria are listed as three steps:
• Transit Priority Area (TPA) Screening
• Low VMT Area Screening
• Project Type Screening
A land use project needs only to meet one of the above screening thresholds to result in a less than significant impact.

A. TPA Screening
The City’s TIA Guidelines note that projects within a TPA, 0.5 miles of an existing “major transit stop,” or an existing stop along a “high-quality transit corridor” will have a less than significant impact on VMT. According to the Screening Map, the Project site is within a TPA. Although the Project site is within a TPA, if the Project meets any of the following secondary screening checks, the Project would not meet the TPA Screening threshold:
• Has a FAR of less than 0.75;
• Includes more parking for use by residents, customers, or employees of the project than required by the jurisdiction (if the jurisdiction requires the project to supply parking); • Is inconsistent with the applicable SCS (as determined by the lead agency, with input from the Metropolitan Planning Organization); or
• Replaces affordable residential units with a smaller number of moderate- or high-income residential units.
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The Project site is located within ½ mile of an existing major transit stop, or along a high-quality transit corridor. However, the Project’s proposed FAR would be less than 0.75; therefore, the Project would not meet the TPA Screening threshold.

B. Low VMT Area Screening
According to the City’s TIA Guidelines, “residential and office projects located within a low VMT generating area may be presumed to have a less than significant impact absent substantial evidence to the contrary. In addition, other employment related and mixed-use land use projects may qualify for the use of screening if the project can reasonably be expected to generate VMT per resident, per worker, or per service population that is similar to the existing land uses in the low VMT area.” VMT performance for the traffic analysis zones (TAZ) containing the Project was collected using the Orange County Transportation Analysis Model (OCTAM). The TAZ containing the Project (i.e., OCTAM TAZ #457) has an existing VMT per service population of 24.85 VMT per service population and the City’s impact threshold is 31.3 VMT per service population. The Project is located in a TAZ that generates VMT below the City’s VMT impact threshold. The Low VMT Area screening threshold is met.

C. Project Type Screening
The City Guidelines provides a list of project types that are presumed to have a less than significant impact absent substantial evidence to the contrary. A brief list of these project types includes:
• Local serving essential services (i.e., public schools, parks, day care centers, etc.) • Local serving retail (less than 50,000 square feet)
• Local serving hotels
• Assisted living facilities
• Community institutions (i.e., public libraries, fire stations, local government) • Projects that generate less than 110 daily vehicle trips The Project does not intend to develop any of the above outlined local serving uses and is estimated to generate daily vehicle trips that would exceed the 110 daily trip threshold. Therefore, the Project would not meet the Project Type Screening threshold.

D. Conclusion
Based on the review of applicable VMT screening thresholds, the Project meets the Low VMT Area screening criteria and would therefore result in a less than significant VMT impact. 563
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Threshold c: Would the Project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
Vehicular access to the site would be provided via two driveways along the site’s northern boundary on Struck Avenue. The Project’s proposed driveway 1, located at the site’s northwest corner, and driveway 2, located at the site’s northeast corner, would accommodate the wide turning radius of the heavy trucks. Due to the typical wide turning radius of large trucks, a truck turning template has been overlaid on the site plan at each applicable Project driveway anticipated to be utilized by heavy trucks in order to determine appropriate curb radii and to verify that trucks will have sufficient space to execute turning maneuvers. Figure 4.10-5, Project Driveway Truck Access, shows that the Project driveways would accommodate the wide turning radius of the heavy trucks (WB‐67, 53‐foot trailer) as currently designed. Additionally, the truck exit would occur at the westernmost driveway (driveway 1) away from the existing driveway across Struck Avenue to the north, which would provide future access to the proposed Orange City Yard Affordable Housing Project, located approximately 220 feet north of the Project site. The Project would not increase hazards and impacts are less than significant.

Threshold d: Would the Project result in inadequate emergency access? According to the City General Plan Public Safety Element, the City has an emergency plan which establishes emergency preparedness and emergency response procedures. All City arterials are recognized as primary emergency response routes and non-arterials are recognized as secondary emergency response routes. The Project would have two driveways along Struck Avenue. All Project driveways would be subject to the City’s site access and circulation requirements identified in OMC Chapter 12, Streets, Sidewalks, and Public Places. Additionally, the Project’s internal drive aisles will provide adequate access for emergency vehicles. Moreover, all construction staging would occur within the boundaries of the Project site and would not interfere with the circulation of nearby roadways or implementation of the City’s emergency plan. The Project would provide adequate emergency access for fire vehicles via Struck Avenue. Impacts would be less than significant. 564
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4.10.6 CUMULATIVE IMPACT ANALYSIS
This cumulative impact analysis considers development of the proposed Project in conjunction with other development projects and planned development. The analysis under Threshold “a” indicates that the Project would not conflict with relevant programs, plans, and policies addressing the circulation system. Each related project would be expected to comply with all applicable relevant programs, plans, and policies. Therefore, no cumulative impact would occur.

OPR’s Technical Advisory states that “a project that falls below an efficiency-based threshold (e.g., VMT per service population) that is aligned with long-term goals and relevant plans has no cumulative impact distinct from the project impact. Accordingly, a finding of a less than significant project impact would imply a less than significant cumulative impact and vice versa. This is similar to the analysis typically conducted for greenhouse gas emissions, air quality impacts, and impacts that utilize plan compliance as a threshold of significance.” Since the Project was found to have a less than significant impact at the project level, it would result in a less than significant cumulative impact.

Based on the review of the Project site driveways, no safety concerns relating to geometric design of the Project site access points or emergency access would occur. Furthermore, the Project is compatible with the uses in the immediately surrounding area. Therefore, impacts are not considered to be cumulatively-considerable and no significant cumulative impact would occur.

4.10.7 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: Less than Significant Impact. The Project would not conflict with a program, plan, policy addressing the circulation system such that the Project would result in a significant impact on the environment.

Threshold b: Less than Significant Impact. The Project meets the Low VMT Area screening criteria and would result in a less than significant VMT impact.

Threshold c: Less than Significant Impact. The Project would not create or substantially increase safety hazards due to a design feature or incompatible use.

Threshold d: Less than Significant Impact. Adequate emergency access would be provided to the Project site during construction and long-term operation. The Project would not result in inadequate emergency access to the site or surrounding properties.

4.10.8 MITIGATION
Impacts would be less than significant; therefore, mitigation is not required. 566
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4.11 TRIBAL CULTURAL RESOURCES
The analysis in this Subsection relies on information from a cultural resource assessment report titled “Cultural and Paleontological Resource Letter Report for the 534 Struck Avenue Project,” and dated April 30, 2021. The report was prepared by Duke CRM and is included as Technical Appendix D to this EIR. (Duke, 2021). The analysis in this Subsection also contains information obtained by the City during consultation with local Native American tribal representatives. All references used in this Subsection are listed in EIR Section 7.0, References.

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 (Government 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 (California Code Regulations Section 15120(d)).

4.11.1 EXISTING CONDITIONS
Refer to Subsection 4.3, Cultural Resources, for a description of the prehistoric period setting for southern California.

A. Project Site Conditions
The Project site is developed with an approximately 40,000 square foot (sf) manufacturing facility that was occupied until the end of 2020 by Nursery Supplies, Inc., a manufacturer of plastic nursery planting pots. The Project site is primarily hardscaped and ground surface visibility was limited to the perimeter with less than five percent visibility. Areas of exposed soils and sediments were subject to 10-15 meter pedestrian transects. All observed soils and sediments were fill, and no archeological or paleontological resources were observed during the survey.

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 results indicate that no previous cultural resource studies have included the Project site boundaries.

4.11.2 REGULATORY FRAMEWORK
The following is a brief description of applicable State environmental laws and related regulations governing the protection of tribal cultural resources.
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A. State Plans, Policies, and Regulations

1. Assembly Bill 52 (AB 52)
California 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. The legislature added new requirements regarding tribal cultural resources in AB 52. 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 (OPR, 2017a). By taking this proactive approach, the legislature also intended to reduce the potential for delay and conflicts in the environmental review process.

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, Section 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 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, Section 21080.3.1.).

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 Section 20184.3 (b)(2) provides examples of mitigation measures that lead agencies may consider to avoid or minimize impacts to tribal cultural resources.

Section 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.

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, 2017b)

2. State Health and Safety Code
California Health and Safety Code Section 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 568
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other than a dedicated cemetery…” until the coroner can determine regarding the circumstances, manner, and cause of any death (CA Legislative Info, n.d.). 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. Section 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, Health and Safety Code Sections 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 nonfederally recognized tribes, in filing repatriation claims.

California Health and Safety Code, Section 5097.98 states that whenever the commission receives notification of a discovery of Native American human remains pursuant to HSC subdivision (c) of Section 7050.5, it shall immediately notify those persons that are the most likely descendants. The descendants may inspect the Site and make recommendations to the landowner as to the treatment of the human remains. The landowner shall ensure that the immediate vicinity around the remains is not damaged or disturbed by further development activity until coordination has occurred with the descendants regarding their recommendations for treatment, taking into account the possibility of multiple human remains. The descendants shall complete their inspection and make recommendations within 48 hours of being granted access to the Site. (CA Legislative Info, n.d.)

4.11.3 BASIS FOR DETERMINING SIGNIFICANCE
According to Section XVII of Appendix G to the CEQA Guidelines, the proposed Project would result in a significant impact to tribal resources if the Project or any Project-related component would (OPR, 2019):
• Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
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4.11.4 IMPACT ANALYSIS
Threshold a: Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe?
As analyzed in Section 4.3, Cultural Resources, Threshold a, there are no resources on the Project site that are eligible for listing in the National Register of Historic Places, California Register of Historical Resources, or in a local register of historical resources as defined by Public Resources Code Section 5020.1(k). Implementation of the Project would not result in a substantial adverse change in the significance of a listed historical resource. No impacts would occur.

As of July 1, 2015, California Assembly Bill 52 (AB 52) was enacted and expanded CEQA by establishing a formal consultation process for California tribes within the CEQA process. In compliance with AB 52, the City of Orange distributed letters on July 9, 2020 to those Native American tribes that have requested notification for AB 52 notifying each tribe of the opportunity to consult with the City on the Project. Only the Gabrieleno Band of Mission Indians – Kizh Nation has requested consultation with the City of Orange. The City conducted Tribal Consultation with the Gabrieleno Band of Mission Indians – Kizh Nation on September 10, 2020. The results of the Sacred Lands File search were received from the NAHC on February 24, 2019. This search did not identify any sacred lands within the Project, nor in the vicinity.

Because the Project would require excavation for construction into previously undisturbed soils, there is a potential to uncover undiscovered prehistoric artifacts or tribal cultural resources during excavation. Therefore, while unlikely, the presence of subsurface tribal cultural resources on the Project site remains possible, and these could be affected by ground-disturbing activities associated with grading and construction at the Project site. As a result, impacts to tribal cultural resources are potential significant.

4.11.5 CUMULATIVE IMPACT ANALYSIS
This cumulative impact analysis considers development of the proposed Project in conjunction with other development projects and planned development in the vicinity of the Project site that have a potential for uncovering tribal cultural resources as defined by Public Resources Code 21074. Impacts 570
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relating to tribal cultural resources impacts 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 tribal cultural resource extends over more than one property, but in that event, there could be a cumulative effect only if all affected properties were in the process of being developed and physical alterations to the ground were proposed in all of those projects. There are no adjacent related projects that could potentially result in affects to unknown tribal cultural resources that may lie in the subsurface of the Project site; therefore, there would be no cumulative impacts affecting tribal cultural resource.

4.11.6 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: Potentially Significant Direct Impact. The Project site does not contain any recorded, significant tribal cultural resource sites; therefore, the Project would not cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources or a local register of historical resources. Nonetheless, Project construction activities have the potential to unearth and adversely impact tribal cultural resources that may be buried at the Project site.

4.11.7 MITIGATION
MM 4.11-1 Prior to the commencement of any ground disturbing activity at the project site, the Project Applicant shall retain a Native American Monitor approved by the Gabrieleno Band of Mission Indians-Kizh Nation – the tribe that consulted on this project pursuant to Assembly Bill A52 (the “Tribe” or the “Consulting Tribe”). A copy of the executed contract shall be submitted to the City of Orange Planning and Building Department prior to the issuance of any permit necessary to commence a ground-disturbing activity.

The Tribal monitor will only be present on-site during the construction phases that involve ground-disturbing activities into areas of undisturbed soils. Ground disturbing activities are defined by the Tribe as activities that may include, but are not limited to, pavement removal, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project site. The Tribal Monitor will complete daily monitoring logs that will provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified.

The on-site monitoring shall end when all ground-disturbing activities on the Project site are completed, or when the Tribal Representatives and Tribal Monitor have indicated that all upcoming ground-disturbing activities at the Project site have little to no potential for impacting Tribal Cultural Resources.

Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be assessed. All Tribal Cultural Resources unearthed by project activities shall be evaluated by the qualified archaeologist and Tribal monitor approved by the Consulting Tribe. If the resources are Native American in origin, the Consulting Tribe will retain it/them in the form and/or manner the Tribe deems appropriate, for educational, cultural 571
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