Additionally, related projects are required to comply with the MBTA, which protects nesting birds.
Therefore, the Project would not result in a cumulatively-considerable impact to nesting birds.
The Project would not conflict with any local policies or ordinances protecting biological resources.
Other development projects in the cumulative study area would be required to comply with applicable local policies and/or ordinances related to the protection of biological resources as a standard condition of review/approval. Because the Project and cumulative development would be prohibited from violating applicable, local policies or ordinances related to the protection of biological resources, a cumulatively-considerable impact would not occur.
The Project site is not located within the boundaries of any adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan.
Because there is no conservation plan applicable to the Project impact area, there is no potential for the Project to contribute to the violation of a conservation plan. No cumulative impact would occur.
4.2.6 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: No Impact. The Project site does not contain habitat that is suitable habitat for any plant or wildlife species identified as a candidate, sensitive, or special status species.
Threshold b: No Impact. The Project site does not contain riparian and/or other sensitive natural habitats; therefore, the Project would have no impact on riparian or other sensitive habitats as classified by the CDFW or USFWS.
Threshold c: No Impact. No State- or federally-protected wetlands are located on the Project site ; therefore, no impact to wetlands would occur.
Threshold d: Potentially Significant Direct Impact. There is no potential for the Project to interfere with the movement of fish or impede the use of a native wildlife nursery site. However, the Project has the potential to impact nesting migratory birds protected by the MBTA and California Fish and Game Code, should habitat removal occur during the nesting season and nesting birds be present.
Threshold e: Less-Than-Significant Impact. The Project would not conflict with any local policies or ordinances protecting biological resources.
Threshold f: No Impact. The Project impact area is not located within the boundaries of any adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. Therefore, no impact would occur.
4.2.7 MITIGATION
MM 4.2-1 In the event that vegetation and tree removal should occur between March 15 and September 1, the Project Applicant shall retain a qualified biologist to conduct a nesting bird survey no more than 3 days prior to commencement of construction activities. The 534 Struck Avenue Project
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biologist conducting the clearance survey shall document the negative res ults if no active bird nests are observed on the Project site or within the vicinity during the clearance survey with a brief letter report, submitted to the City of Orange Community Development Department prior to construction, indicating that no impacts to active bird nests would occur before construction can proceed. If an active avian nest is discovered during the pre -construction clearance survey, construction activities shall stay outside of a 200-foot buffer around the active nest. For listed and raptor species, this buffer shall be 500-feet. A biological monitor shall be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. Prior to the commencement of construction activities and the issuance of any permits, results of the pre-construction survey and any subsequent monitoring shall be provided to the City of Orange Community Development Department.
MM 4.2-2 Prior to approval of a grading permit, a note shall be placed on grading plans that “no personnel working within Project limits will “take” or destroy plants, animals, or active nests (or eggs) of birds that are protected under the Federal or State Endangered Species Acts and Migratory Bird Treaty Act (MBTA).” During pre -construction surveys, a biologist shall train all field staff on appli able local, state, and federal regulatory requirements, environmental laws, and regulations associated with working around biological resource s. Verification of training shall be provided to the Community Development Director.
4.2.8 SIGNIFICANCE OF IMPACTS AFTER MITIGATION
Threshold d: Less-than-Significant Impact with Mitigation. Implementation of MM 4.2-1 would ensure that pre-construction surveys are conducted for nesting birds protected by State and federal regulations in the event that vegetation is removed from the Project site during the breeding season. If nesting birds are present on the Project site, the mitigation requires avoidance of active bird nests in conformance with accepted protocols and regulatory requirements. With implementation of the required mitigation, potential direct and cumulatively-considerable impacts to nesting birds protected by State and federal regulations would be reduced to below a level of significance.
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4.3 CULTURAL RESOURCES
The analysis in this Subsection is based on a cultural resources report prepared by Duke Cultural Resources Management (hereinafter, “Duke CRM”) and titled “Cultural and Paleontological Resource Letter Report for the 534 Struck Avenue Project,” dated April 30, 2021 (Duke, 2021). This report is included as Technical Appendix D to this EIR.
Confidential information has been redacted from Technical Appendix D for purposes of public review.
In addition, much of the written and oral communication between Native American tribes, the City, and Duke CRM is considered confidential in respect to places that may have traditional tribal cultural significance (Gov. Code Section 65352.4), and although relied upon in part to inform the preparation of this EIR Subsection, those communications are treated as confidential and are not available for public review. Under existing law, environmental documents must not include information about the location of archeological sites or sacred lands or any other information that is exempt from public disclosure pursuant to the Public Records Act (Cal. Code Regs. Section 15120(d)).
4.3.1 EXISTING CONDITIONS
A. Prehistoric Resources
1. Regional Setting
Four cultural horizons, each with characteristic local variations, have been defined to explain the prehistory of southern California:
I. Early Man (~9000–8500 before present (B.P.))
II. Milling Stone (8500–4000 B.P.)
III. Intermediate (4000–1500 B.P.)
IV. Late Prehistoric (1500~200 B.P.)
The Project is located within the ethnographic territory of the Gabrielino (Tongva) and Juaneño (Acjachemen) Indians. The Gabrielino and Juaneño are Takic -speakers and are descended from late prehistoric populations of the region. Important food resources would have been acorns, agave, wild seeds and nuts, hunting game and fishing. Due to Spanish subjugation and absorption into the mission system very little is known concerning the details of the Gabrie lino and Juaneño political structures, social behavior, and cultural practices. Their villages were generally self-contained and had an autonomous political structure comprised of non-localized lineages, in which the largest and dominant lineage’s leader was usually the village chief. Village houses were domed, circular shaped structures, constructed from tree branches and thatched with tule, fern or carrizo. The villages would have been located near fresh water and raw material resources. Villagers would have utilized temporary camps throughout their localized territories for hunting, gathering, and raw material trips away from the main village.
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Major former Gabrielino villages or communities near the Project area include Hotuuknga 2.5 miles to the northwest and Pasbenga 3.8 miles to the south. Hotuuknga was recorded within what is now the City of Anaheim, located along the Santa Ana River within the 79,000-acre San Juan Cajon de Santa Ana Mexican land grant originally granted to Juan Pacífico Ontiveros. The word Hotuuknga reportedly means “…night, for at the beginning of the world, they went no more in the night .” Pasbenga was recorded in the vicinity of the Santa Ana River near present day Santa Ana.
2. Project site Conditions
Duke CRM conducted a combined intensive and reconnaissance level pedestrian survey of the Project site on February 22, 2020. The pedestrian survey consisted of a series of transects spaced at approximately 10-15 meter intervals. Photographs of the Project site were also taken.
A pale ontological resource records search was submitted by Duke CRM for the Project to the Department of Vertebrate Paleontology at the Natural History Museum of Los Angeles County (LACNHM) to identify fossil localities in or near the Project site . Additionally, online searches were performed within the University of California Museum of Paleontology collections, San Diego Natural History Museum collections (SDNHM), Paleobiology Database, and FAUNMAP sites for fossil localities in similar deposits within 3 miles of the Project site.
B. Historical Resources
1. Regional Setting
The Project is located in the northwestern portion of the Peninsular Ranges geomorphic province. The Peninsular Ranges province is distinguished by northwest trending mountain ranges and valleys following faults branching from the San Andreas Fault. Locally, the Project area is located in the Central Block of the Los Angeles Basin, an area characterized by thick alluvial deposits overlying sediments ranging from Cretaceous to Pleistocene in age. T he old alluvial fan deposits (Qof) underlying the Project area are exclusively alluvial fan sediments sourced from the Santa Ana Mountains to the northeast in the Pleistocene Epoch (2.5 million years ago to 11,700 years ago). The El Modena and Peralta Hills to the north represent the Peralta Hills Anticline, a surface expression of the underlying, east-west trending, Peralta Hills Fault. The elevation is approximately 260 feet above mean sea level (amsl). Prior to urbanization, native vegetation would have included annual grasslands, California sagebrush and buckwheat, sage, chamise chaparral, and coast live oak. Climate is Mediterranean-like with mild annual temperatures and annual precipitation typically ranging between 14 to 26 inches.
2. Project site Conditions
A cultural resources records search was performed by Duke CRM for the Project at the South Central Coastal Information Center (SCCIC) at California State University, Fullerton in order to identify any National Register of Historic Places (NRHP) or California Register of Historical Resources (CRHR) within one-half mile of the Project site . The cultural resource records search results indicate that no previous cultural resources studies have included the Project boundaries. Three reports have been 534 Struck Avenue Project
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completed within one-half mile of the Project, all of which were small-scale desktop literature searches (OR-02255, OR-03105 and OR-03916). The 2010 Tom Tang letter report (OR-03916) included a literature review of a segment of the Atchison, Topeka, and Sana Fe Railway (ATSF; now Burlington, Northern, and Santa Fe Railroad) located immediately adjacent to and east of the current Project area.
However, this segment was not formally recorded on a site record (DPR 523 Series). The record search results also indic ated that no cultural resource have been recorded within the current Project area.
However, two cultural resources are recorded within one-half mile of the Project: P-30-176663 and P- 30-159932.
P-30-176663 is located half-mile from the Project area to th e southwest. It is the ATSF Railroad. It was determined ineligible for listing on the NRHP because although much of the rail was originally constructed in 1880s, it has been currently in use for over 100 years. The continual maintenance and upgrades necessary for a modern railroad have diminished its historic integrity. The existing track and other associated railroad features are mostly modern in origin and show no historical characteristics today. In 2010, Tang noted that the ATSF segment located immediat ely adjacent to, and outside of, the current Project area was a subsidiary of the historic ATSF Railroad originally constructed between 1885-1888. Tang noted that the segment should be considered an extension of P-30-176663; however, this segment has not been formally documented on a site record (DPR 52 Series), nor evaluated for eligibility on the NRHP or CRHR.
P-30-159932 is located one half-mile southeast of the Project area. It is the Old Towne Orange Historic District and is listed on the NRHP (No. 9 7000617). Old Towne Orange consists of numerous Craftsman Bungalow, Mission/Spanish revival, and Classical Revival style buildings, with 1,237 contributing and 512 non-contributing elements.
A review of aerial photos, site concept plans, and the field survey indicate that a railroad spur is located within the Project boundary to the east. This railroad spur is not part of P -30-176663. Maps were reviewed from www.historicaerials.com, which show that spur is less than 50 years in age, having been built between 1972-1980 (NETR 2020).
4.3.2 REGULATORY FRAMEWORK
A. Federal Regulations
1. National Historic Preservation Act
The National Historic Preservation Act of 1966 (NHPA) was passed primarily to acknowledge the importance of protecting our nation’s heritage. While Congress recognized that national goals for historic preservation could best be achieved by supporting the d rive, enthusiasm, and wishes of local citizens and communities, it understood that the federal government must set an example through enlightened policies and practices. In the words of the Act, the f ederal government's role would be to "provide leadership" for preservation, "contribute to" and "give maximum encouragement" to preservation, and "foster conditions under which our modern society and our prehistoric and historic resources can exist in productive harmony." (NPS, 2021a) 534 Struck Avenue Project
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NHPA and related legislation sought a partnership among the federal government and the states that would capitalize on the strengths of each. The federal government, led by the National Park Service (NPS) provides funding assistance; basic technical knowledge and tools; and a broad national perspective on America's heritage. The states, through State Historic Preservation Officers (SHPOs) appointed by the governor of each state, would provide matching funds, a designated state office, and a statewide preservation program tailored to state and local needs and designed to support and promote state and local historic preservation interests and priorities. (NPS, 2021a)
An Advisory Council on Historic Preservation (ACHP), the first and only federal entity created solely to address historic preservation issues, was established as a cabinet -level body of Presidentially- appointed citizens, experts in the field, and federal, state, and local government representatives, to ensure that private citizens, local communities, and other concerned parties would have a forum for influencing federal policy, programs, and decisions as they impacted historic properties and their attendant values. (NPS, 2021a)
Section 106 of NHPA granted legal status to historic preservation in federal planning, decision-making, and project execution. Section 106 requires all federal agencies to take into account the effects of their actions on historic properties, and provide ACHP with a reasonable opportunity to comment on those actions and the manner in which federal agencies are taking historic properties into account in their decisions. (NPS, 2021a)
A number of additional executive and legislative actions have been directed toward improving the ways in which all federal agencies manage historic properties and consider historic and cultural values in their planning and assistance. Executive Order 11593 (1971) and, later, Section 110 of NHPA (1980, amended 1992), provided the broadest of these mandates, giving federal agencies clear direction to identify and consider historic properties in federal and federally assisted actions. The National Historic Preservation Amendments of 1992 further clarified Section 110 and directed federal agencies to establish preservation programs commensurate with their missions and the effects of their authorized programs on historic properties. (NPS, 2021a)
2. National Register of Historic Places (NRHP)
The National Register of Historic Places is the official list of the Nation's historic places worthy of preservation. Authorized by the NHPA of 1966, the NPS's National Register of Historic Places (NRHP) is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America's historic and archaeological resources. (NPS, 2020a)
To be considered eligible, a property must meet the National Register Criteria for Evaluation. This involves examining the property’s age, integrity, and significance, as follows:
• Age and Integrity. Is the property old enough to be considered historic (generally at least 50 years old) and does it still look much the way it did in the past? 534 Struck Avenue Project
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• Significance. Is the property associated with events, activities, or developments that were important in the past? With the lives of people who were important in the past? With significant architectural history, landscape history, or engineering achievements? Does it have the potential to yield information through archaeological investigation about our past? (NPS, 2020a)
Nominations can be submitted to a SHPO from property owners, historical societies, preservation organizations, governmental agencies, and other individuals or groups. The SHPO notifies affected property owners and local governments and solicits public comment. If the owner (or a majority of owners for a district nomination) objects, the property cannot be listed but may be forwarded to the NPS for a Determination of Eligibility (DOE). Listing in the NRHP provides formal recognition of a property’s historical, architectural, or archaeological significance based on national standards used by every state. (NPS, 2020a)
Under Federal Law, the listing of a property in the National Register places no restrictions on what a non-federal owner may do with their propert y up to and including destruction, unless the property is involved in a project that receives Federal assistance, usually funding or licensing/permitting. National Register listing does not lead to public acquisition or require public access. (NPS, 2020a)
3. National Historic Landmarks Program
National Historic Landmarks (NHLs) are nationally significant historic places designated by the Secretary of the Interior because they possess exceptional value or quality in illustrating or interpreting the heritage of the United States. Today, over 2,600 historic places bear this national distinction.
Working with citizens throughout the nation, the NHL Program draws upon the expertise of NPS staff who guide the nomination process for new Landmarks and provide assistance to existing Landmarks. (NPS, 2021b)
4. American Indian Religious Freedom Act
The American Indian Religious Freedom Act (AIRFA) requires each executive branch agency with statutory or administrative responsibility for the management of Federal lands, to the extent practicable, permitted by law, and not clearly inconsistent with essential agency functions, to accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners and avoid adversely affecting the physical integrity of such sacred sites. Where appropriate, agencies are also required to maintain the confidentiality of sacred sites. Each executive branch agency with statutory or administrative responsibility for the management of Federal lands are required to implement procedures to ensure reasonable notice is provided of proposed actions or land management policies that may restrict future access to or ceremonial use of, or adversely affect the physical integrity of, sacred sites. (NOAA, n.d.)
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Lead Agency: City of Orange SCH No. 2021090399
5. Native American Graves Protection and Repatriation Act (NAGPRA) The Native American Graves Protection and Repatriation Act (NAGPRA; Public Law 101-601; 25 U.S.C. 3001 -3013) describes the rights of Native American lineal descendants, Indian tribes, and Native Hawaiian organizations with respect to the treatment, repatriation, and disposition of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony, referred to collectively in the statute as cultural items, with which they can show a relationship of lineal descent or cultural affiliation. (NPS, 2021c)
One major purpose of this statute is to require that federal agencies and museums receiving Federal funds inventory holdings of Native American human remains and funerary objects and provide written summaries of other cultural items. The agencies and museums must consult with Indian Tribes and Native Hawaiian organizations to attempt to reach agreements on the repatriation or other disposition of these remains and objects. Once lineal descent or cultural affiliation has been established, and in some cases the right of possession also has been demonstrated, lineal descendants, affiliated Indian Tribes, or affiliated Native Hawaiian organizations normally make the final determination about the disposition of cultural items. Disposition may take many forms from reburial to long term curation, according to the wishes of the lineal descendent(s) or culturally affiliated Tribe(s). (NPS, 2021c)
The second major purpose of the statute is to provide greater protection for Native American burial sites and more careful control over the removal of Native American human remains, funerary objects, sacred objects, and items of cul tural patrimony on Federal and tribal lands. NAGPRA requires that Indian tribes or Native Hawaiian organizations be consulted whenever archaeological investigations encounter, or are expected to encounter, Native American cultural items or when such items are unexpectedly discovered on Federal or tribal lands. Excavation or removal of any such items also must be done under procedures required by the Archaeological Resources Protection Act. This NAGPRA requirement is likely to encourage the in-situ preserva tion of archaeological sites, or at least the portions of them that contain burials or other kinds of cultural items. (NPS, 2021c)
Other provisions of NAGPRA: (1) stipulate that illegal trafficking in human remains and cultural items may result in criminal penalties; (2) authorizes the Secretary of the Interior to administer a grants program to assist museums and Indian Tribes in complying with certain requirements of the statute; (3) requires the Secretary of the Interior to e stablish a Review Committee to provide advice and assistance in carrying out key provisions of the statute; authorizes the Secretary of the Interior to penalize museums that fail to comply with the statute; and, (5) directs the Secretary to develop regulations in consultation with this Review Committee. (NPS, 2021c)
6. Federal Antiquities Act
The Antiquities Act is the first law to establish that archaeological sites on public lands are important public resources. It obligates federal agencies that manage the public lands to preserve for present and future generations the historic, scientific, commemorative, and cultural values of the archaeological and historic sites and structures on these lands. It also authorizes the President to protect landmarks, 534 Struck Avenue Project
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structures, and objects of historic or scientific interest by designating them as National Monuments. (NPS, 2021d)
B. State Regulations
1. California Administrative Code, Title 14, Section 4308 Section 4308, Archaeological Features , of Title 14 of the California Administrative Code provides that: “No person shall remove, injure, disfigure, deface, or destroy any object of archaeological, or historical interest or value.” (NPS, n.d.)
2. California Code of Regulations Title 14, Section 1427 California Code of Regulations Title 14, Section 1427 provides that: “No person shall collect or remove any object or thing of archa eological or historical interest or value, nor shall any person injure, disfigure, deface or destroy the physical site, location or context in which the object or thing of archaeological or historical interest or value is found.” (NAHC, n.d.)
3. California Register of Historic Resources
The State Historical Resources Commission has designed this program for use by state and local agencies, private groups, and citizens to identify, evaluate, register, and protect California's historical resources. The Register is the authoritative guide to the state's significant historical and archaeological resources. The California Register program encourages public recognition and protection of resources of architectural, historical, archaeological, and cultural significance; identifies historical resources for state and local planning purposes; determines eligibility for state historic preservation grant funding; and affords certain protections under CEQA. (OHP, n.d.)
In order for a resource to be included on the Register of Historic Resources, the resources must meet one of the following criteria:
• Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States (Criterion 1). • Associated with the lives of persons important to local, California or national history (Criterion 2).
• Embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of a master or possesses high artistic values (Criterion 3). • Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation (Criterion 4). (OHP, n.d.)
For resources included on the Register of Historic Resources, e nvironmental review may be required under CEQA if property is threatened by a project. Additionally, local building inspectors must grant code alternatives provided under State Historical Building Code. Further, the local assessor may enter into contract with property owner for property tax reduction pursuant to the Mills Act. A property owner also may place his or her own plaque or marker at the site of the resource. (OHP, n.d.) 534 Struck Avenue Project
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Consent of owner is not required, but a resource cannot be listed over an owner’s objections. The State Historical Resources Commission ( SHRC) can, however, formally determine a property eligible for the California Register if the resource owner objects. (OHP, n.d.)
4. Traditional Tribal Cultural Places Act (Senate Bill 18, “SB 18”) Senate Bill 18 (SB 18) requires local (city and county) governments to consult with California Native American tribes to aid in the protection of traditional tribal cultural places (“cultural places”) through local land use planning. SB 18 also requires the Governor’s Office of Planning and Research (OPR) to include in the General Plan Guidelines advice to local governments for how to conduct the se consultations. (OPR, 2005)
The intent of SB 18 is to provide California Native American tribes an opportunity to participate in local land use decisions at an early planning stage, for the purpose of protecting, or mitigating impacts to, cultural places. The purpose of involving tribes at these early planning stages is to allow consideration of cultural places in the context of broad local land use policy, before individual site- specific, project-level land use decisions are made by a local government. (OPR, 2005)
SB 18 requires local governments to consult with tribes prior to making certain planning decisions and to provide notice to tribes at certain key points in the planning process. These consultation and notice requirements apply to adoption and amendment of both general plans (defined in Government Code § 65300 et seq.) and specific plans (defined in Government Code § 65450 et seq.). Although SB 18 does not specifically mention consultation or notice requirements for adoption or amendment of specific plans, existing state planning law requires local governments to use the same processes for adoption and amendment of specific plans as for general plans (see Government Code § 65453).
Therefore, where SB 18 requires consultation and/or notice for a general plan adoption or amendment, the requirement extends also to a specific plan adoption or amendment. (OPR, 2005)
5. Assembly Bill 52 (AB 52)
California Assembly Bill 52 (AB 52) (2014) Chapter 532 amended Section 5097.94 of, and added Sections 21073, 21074, 21080.3.1, 21080.3.2, 21802.3, 21083.09, 21084.2 and 21084.3 to the California Public Resources Code, relating to Native Americans. AB 52 was approved on September 25, 2014. By including tribal cultural resources early in the CEQA process, the legislature intended to ensure that local and Tribal governments, public agencies, and project proponents would have information available, early in the project planning process, to identify and address potential adverse impacts to tribal cultural resources. By taking this proactive approach, the legislature also intended to reduce the potential for delay and conflicts in the environmental review process. (OPR, 2017a)
The Public Resources Code now establishes that “[a] project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment.” (Pub. Resources Code, § 21084.2.) To help determine whether a project may have such an effect, the Public Resources Code requires a lead agency to consult with any California Native American tribe that requests consultation and is traditionally and culturally affiliated 534 Struck Avenue Project
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with the geographic area of a proposed project. That consultation must take place prior to the determination of whether a negative declaration, mitigated negative declaration, or environmental impact report is required for a project. (Pub. Resources Code, § 21080.3.1.) (OPR, 2017a)
If a lead agency determines that a project may cause a substantial adverse change to tribal cultural resources, the lead agency must consider measures to m itigate that impact. Public Resources Code § 20184.3 (b)(2) provides examples of mitigation measures that lead agencies may consider to avoid or minimize impacts to tribal cultural resources . These rules apply to projects that have a notice of preparation for an environmental impact report or negative declaration or mitigated negative declaration filed on or after July 1, 2015. (OPR, 2017a)
§ 21074 of the Public Resources Code defines “tribal cultural resources.” In brief, in order to be considered a “tribal cultural resource,” a resource must be either:
(1) listed, or determined to be eligible for listing, on the national, state, or local register of historic resources, or
(2) a resource that the lead agency choose s, in its discretion, to treat as a tribal cultural resource. (OPR, 2017a)
In the latter instance, the lead agency must determine that the resource meets the criteria for listing in the state register of historic resources. In applying those criteria, a lead agency must consider the value of the resource to the tribe. (OPR, 2017a)
6. State Health and Safety Code
California Health and Safety Code (HSC) § 7050.5(b) requires that excavation and disturba nce activities must cease “In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery…” until the coroner can determine regarding the circumstances, manner, and cause of any death. The coroner is then required to make recommendations concerning the treatment and disposition of the human remains. Further, this section of the code makes it a misdemeanor to intentionally disturb, mutilate or remove interred human remains. § 7051 specifies that the removal of human remains from “internment or a place of storage while awaiting internment” with the intent to sell them or to dissect them with “malice or wantonness” is a public offense punishable by imprisonment in a state prison. Lastly, HSC §§ 8010-8011 establish the California Native American Graves Protection and Repatriation Act consistent with the federal law addressing the same. The Act stresses that “all California Indian human remains and cultural items are to be treated with dignity and respect.” It encourages voluntary disclosure and return of remains and cultural items by publicly funded agencies and museums in California. It also outlines the need for aiding California Indian tribes, including non-federally recognized tribes, in filing repatriation claims. (CA Legislative Info, n.d.)
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7. California Code of Regulations Section 15064.5
The California Code of Regulations, Title 14, Chapter 3, § 15064.5 (the State CEQA Guidelines) establishes the procedure for determining the significance of impacts to archa eological and historical resources, as well as classifying the type of resource. Cultural resources are aspects of the environment that require identification and assessment for potential significance. The evaluation of cultural resources under CEQA is based upon the definitions of resources provided in CEQA Guidelines § 15064.5, as follows: (CRNA, 2019)
• A resource listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources (Pub. Res. Code § 5024.1, Title 14 CCR, Section 4850 et seq.).
• A resource included in a local register of historical resources, as defined in section 5020.1(k) of the Public Resources Code or identified as significant in an historical resource survey meeting the requirements section 5024.1(g) of the Public Resources Code, shall be presumed to be historically or culturally significant. Public agencies must treat any such re source as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant.
• Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically sign ificant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California may be considered to be an historical resource, provided the lead agency’s determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be “historically significant” if the resource meets the criteria for listing on the California Register of Historical Resources (Pub. Res. Code § 5024.1, Title 14 CCR, Section 4852) including the following:
o Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage;
o Is associated with the lives of persons important in our past; o Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or
o Has yielded, or may be likely to yield, information important in prehistory or history. • The fact that a resource is not listed in, or determined to be eligible for listing in the California Register of Historical Resources, not included in a local registe r of historical resources (pursuant to section 5020.1(k) of the Public Resources Code), or identified in an historical resources survey (meeting the criteria in section 5024.1(g) of the Public Resources Code) does not preclude a lead agency from determining that the resource may be an historical resource as defined in Public Resources Code sections 5020.1(j) or 5024.1.
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4.3.3 BASIS FOR DETERMINING SIGNIFICANCE
Section V of Appendix G to the CEQA Guidelines addresses typical adverse effects to cultural resources, and includes the following threshold questions to evaluate the Project’s impacts on cultural resources (OPR, 2019):
• Cause a substantial adverse change in the significance of a historical resource in pursuant to § 15064.5;
• Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5;
• Disturb any human remains, including those interred outside of formal cemeteries.
4.3.4 IMPACT ANALYSIS
Threshold a : Would the Project cause a substant ial adverse change in the significance of a historical resource in pursuant to § 15064.5
As shown in Figure CR -2 of the City’s General Plan Cultural Resource and Historic Preservation Element, the Project site is not designated as a historic resource nor i s the site proposed as a historic resource. Additionally, no listed or designated historical resources are in proximity to the site; the majority of historical re sources identified are in the Old Towne Historic District and Plaza District (Orange, 2015c). Additionally, according to the cultural resource record search, no cultural resources have been recorded within the Project area (Duke, 2021). However, two potential historic resources were recorded within one-half mile of the Project: P -30-176663 and P-30-159932. P-30-176663 is a portion of the BNSF Railroad located a one-half mile southwest of the Project site. This portion of the BNSF Railroad was determined ineligible for listing on the National Registry of Historic Places (NRHP) because it is currently in use and has had continual maintenance and upgrades necessary for modern rail and thus diminished the historic integrity. P -30-159932 consists of several buildings located in the Old Towne Orange Historic District and is listed on the NRHP (No. 97000617). Due to the site’s location and limited physical disturbance area, implementation of the Project does not have the potential to result in a substantial adverse change to these resources. No impacts would occur.
Implementation of the Project would demolish the existing structure and redevelop the site. As shown in Figure 2-3, the Project site is developed with an approximate 40,000 sf manufacturing facility that was constructed in approximat ely 1977. The northern portion of the site contains ornamental landscaping and a concrete paved parking lot and the existing structure. The southern portion of the site is concrete paved and was used to store the facility’s products (planters and pots). The site’s existing structures are not 50 years old and do not meet the criteria listed above and, therefore, are not considered historically significant. Therefore, redevelopment of the Project site would not impact historical resources; no impacts would occur.
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Threshold b: Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5?
The Project site is developed with a manufacturing facility and associated parking. As previously discussed, the Project site is within an urbanized portion of the City and is surrounded by existing industrial uses. Because the Project site is developed, the site was subject to construction and ground- disturbing activities similar to that which would occur under the Project.
Given the highly disturbed condition of the Project site and its surroundings, the potential for the Project’s construction activities to affect an unidentified archaeological resource is considered low .
However, while unlikely, the presence of previously undiscovered subsurface archaeological resources on the Project site remains possible. It is possible that subsurface disturbance would occur at levels not previously disturbed (e.g., deeper excavation) or may uncover undiscovered archaeological resources at the site. Therefore, impacts are potentially significant.
Threshold c: Would the Project disturb any hu man remains, including those interred outside of formal cemeteries?
The Project site and surrounding properties are developed and are not used as cemeteries. As such, human remains, including those interred outside of formal cemeteries are not anticipated to be encountered during earth removal or disturbance activities. Based on the Project-specific geotechnical investigation prepared by GeoTek, Inc. (GeoTek) titled Geotechnical and Infiltration Evaluation Proposed Warehouse Facility , dated March 31, 2020, the near -surface soils encountered at the 10 boring sites were undocumented fill soils. Ground disturbance will involve approximately 20 feet in depth for the water quality BMPs in the northwest corner of the Project, 12 feet for utilities, and 5 feet in depth for the remainder of the Project.
If, in the unlikely event that, human remains were uncovered during grading activities, proper treatment is required in accordance with applicable State law. California Health and Safety Code Section 7050.5 to 7055 describes the general provisions for proper treatment of human remains. Specifically, the Health and Safety Code Section 7050.5 describes the requirements if any human remains are accidentally discovered during onsite grading activities. Additionally, compliance with California Public Resources Code Section 5097.98 requires that disturbance of the site remain halted until the County Coroner can evaluate the find and notification of the Native American Heritage Commission (NAHC) if the remains are of Native American origin. The NAHC is responsible for contacting the most likely Native American descendent, for consultation. Following compliance with existing State regulations, which detail the appropriate actions necessary in the event human remains are encountered, impacts in this regard would be reduced to less than significant levels.
4.3.5 CUMULATIVE IMPACT ANALYSIS
The potential for implementation of the Project to contribute to cumulative impacts to historical resources was analyzed in conjunction with other projects located in th e immediate vicinity of the Project site. The Project site does not contain historical resources, and there are no related projects in 534 Struck Avenue Project
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the immediate vicinity that would have an effect on historical resources. Therefore, implementation of the Project has no potential to contribute towards a cumulative impact to significant historical sites and/or resources.
The potential for Project construction to result in cumulatively -considerable impacts to prehistoric archaeological resources were also analyzed in conjunction with other projects located in the immediate vicinity of th e Project site. Implementation of the Project would not impact any known archaeological resources and the likelihood of uncovering previously unknown archaeological resources during Project construction are low due past grading activities associated with the existing development. Nonetheless, the potential exists that a significant archaeological resource could be discovered during grading into native soils. However, there are no related projects in the vicinity that would affect archeological resources. Accordingly, the Project does not have the potential to contribute to a significant cumulative impact to archaeological resource sites and/or resources.
Mandatory compliance with the provisions of California Health and Safety Code Section 7050.5 as well as Public Resources Code Section 5097 et seq., would assure that all future development projects within the region treat human remains that may be uncovered during development activities in accordance with prescribed, respectful and appropriate practices, thereby avoiding significant cumulative impacts.
4.3.6 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: No Impact. No historic resources, as defined by CEQA Guidelines Section 15064.5, are present on the Project site; therefore, no historic resources could be altered or destroyed by construction or operation of the Project.
Threshold b: Significant Direct Impact. No known archeological resources are present on the Project site and the likelihood of uncovering buried prehistoric resources on the Project site is low due to the magnitude of historic ground disturbance on the Project site. Nonetheless, the potential exists for Project-related construction activities to result in a direct impact to significant subsurface archaeological resources should such resources to be discovered during Project -related grading activities.
Threshold c: Less-Than-Significant Impact. In the unlikely event that human remains are discovered during Project grading or other ground disturbing activities, the Project would be required to comply with the applicable provisions of California Health and Safety Code Section 7050.5 and Californi a Public Resources Code Section 5097 et seq. Mandatory compliance with State law would ensure that any discovered human remains are appropriately treated and would preclude the potential for significant impacts.
4.3.7 MITIGATION
MM 4.3-1 In the event a potentially significant cultural resource is encountered during subsurface earthwork activities, all construction activities within a 100-foot radius of the find shall 534 Struck Avenue Project
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cease and workers should avoid altering the materials until a qualified archaeologist who meets the Secr etary of Interior’s Professional Qualification Standards for archaeology has evaluated the resource. The Applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Any previously undiscovered resource found during construction-related activities shall be recorded on the appropriate Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA criteria by a qualified archaeologist. Potentially significant cultural resources consist of but are not limited to stone, bone, glass, ceramics, wood, or shell artifacts, or features including hearths, structural remains, or historic dumpsites. If the resource is determined to be significant under CEQA Guidelines Section 15064.5, the qualified archaeologist shall prepare and implement a research design and archeological data recovery plan that will capture those categories of data for which the site is significant in accordance with Section 15064.5 of the State CEQA Guidelines. The archaeologist shall also perform appropriate technical analyses, prepare a comprehensive report complete with methods, results, and recommendations, and provide for the permanent curation or repatriation of the recovered resources in cooperation with the designated most likely descendant as needed. The report shall be submitted to the City of Orange, the South- Central Coastal Information Center, and the State Historic Preservation Office, if required.
4.3.8 SIGNIFICANCE OF IMPACTS AFTER MITIGATION
Threshold b: Less-than-Significant Impact with Mitigation. Implementation of Mitigation Measure MM 4. 3-1 would ensure the proper identification and subsequent treatment of any significant archaeological resources that may be encountered during ground-disturbing activities associated with Project grading activities . With implementation of the required mitigation, the Project’s potential impacts to important archaeological resources would be reduced to less-than-significant.
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4.4 ENERGY
The analysis in this subsection is primarily based on information contained a technical report prepared by Urban Crossroads, Inc. tilted, “534 Struck Avenue Energy Analysis”, dated January 12, 2023 (Urban Crossroads, 2023c). The technical report is included as Technical Appendix E to this EIR. Refer to Section 7.0, References, for a complete list of reference sources used in this subsection.
4.4.1 EXISTING CONDITIONS
A. Electricity Consumption
The Project site is located within the se rvice area of the Southern California Edison (SCE). SCE provides electric power to more than 15 million people in 15 counties and in 180 incorporated cities, within a service area encompassing approximately 50,000 square miles. Based on SCE’s 2018 Power Content Label Mix, SCE derives electricity from varied energy resources including: fossil fuels, hydroelectric generators, nuclear power plants, geothermal power plants, solar power generation, and wind farms. SCE also purchases from independent power producers and utilities, including out‐of‐state suppliers.
According to the United States (U.S.) Energy Information Administration, California used approximately 277,764 gigawatt hours (GWh) of electricity in 2021. By section in 2020, transportation uses utilized 34% of the state’s electricity, 24.6% for industrial uses, 21.8% for residential uses, and
19.6% for commercial uses. California's massive electricity in -state generation system generated approximately 194,127 GWh which accounted for approximately 70% of the electricity it uses; the rest was imported from the Pacific Northwest (12%) and the U.S. Southwest (18%).
B. Natural Gas Consumption
The Project site is located within the service area of the Southern California Gas Company (SoCalGas) which is regulated by the California Public Utilities Commission (CPUC). The CPUC regulates natural gas utility service for approximately 10.8 million customers that receive natural gas from Pacific Gas and Electric (PG&E), Southern California Gas (SoCalGas), San Diego Gas & Electric (SDG&E), Southwest Gas, and several smaller natural gas utilities. The CPUC oversees utility purchases and transmission of natural gas to ensure reliable and affordable natural gas deliveries to existing and new consumers throughout the State.
SoCalGas provides service to approximately 5.9 million customers. Natural gas from out -of-state production basins is delivered into California via the interstate natural gas pipeline system. The gas transported to California via the interstate pipelines, as well as some of the California-produced gas, is delivered into SoCalGas intrastate natural gas transmission pipeline systems (commonly referred to as California’s “backbone” pipeline system). Natural gas on the utilities’ bac kbone pipeline system is then delivered to the local transmission and distribution pipeline systems, or to natural gas storage fields.
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C. Transportation Energy/Fuel Consumption
In 2021, the Department of Motor Vehicles (DMV) identified 36.2 million registered vehicles in California, and those vehicles consume an estimated 17.2 billion gallons of fuel each year. California’s on-road transportation system includes 396,616 land miles, more than 26.6 million passenger vehicles and light trucks, and almost 9.0 million medium- and heavy-duty vehicles. While gasoline consumption has been declining since 2008, it is still by far the dominant fuel. California is the second-largest consumer of petroleum products, after Texas, and accounts for 10% of the nation's total consumption.
The state is the largest U.S. consumer of motor gasoline and jet fuel, and 85% of the petroleum consumed in California is used in the transportation sector. In 2019, about 37% of the natural gas delivered to consumers went to the state's industrial sector, and about 28% was delivered to the electric power sector. Natural gas fueled more than two-fifths of the state's utility -scale electricity generation in 2019. The residential sector, where two-thirds of California households use natural gas for home heating, accounted for 22% of natural gas deliveries. The commercial sector received 12% of the deliveries to end users and the transportation sector consumed the remaining 1%.
4.4.2 REGULATORY FRAMEWORK
A. Federal Regulations
1. Intermodal Surface Transportation Efficiency Act (ISTEA) The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) promoted the development of inter‐modal transportation systems to maximize mobility as well as address national and local interests in air quality and energy resources. ISTEA contained factors that Metropolitan Planning Organizations (MPOs) were to address in developing transportation plans and programs, including some energy‐ related factors. To meet the new ISTEA requirements, MPOs adopted explicit policies defining the social, economic, energy, and environmental values guiding transportation decisions.
2. The Transportation Equity Act for the 21st Century (TEA-21) The Transportation Equity Act for the 21st Century (TEA‐21) was signed into law in 1998 and builds upon the initiatives established in the ISTEA legislation, discussed above. TEA‐21 authorizes highway, highway safety, transit, and other efficient surface transportation programs. TEA‐21 continues the program structure established for highways and transit under ISTEA, such as flexibility in the use of funds, emphasis on measures to improve the environment, and focus on a strong planning process as the foundation of wise transportation decisions. TEA‐21 also provides for investment in resea rch and its application to maximize the performance of the transportation system through, for example, deployment of Intelligent Transportation Systems, to help improve operations and management of transportation systems and vehicle safety.
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B. State Regulations
1. Integrated Energy Policy Report (Senate Bill 1389)
Senate Bill (SB) 1389 (Bowen, Chapter 568, Statutes of 2002) requires the CEC to prepare a biennial integrated energy policy report that assesses major energy trends and issues facing the state’s electricity, natural gas, and transportation fuel sectors and provides policy recommendations to conserve resources; protect the environment; ensure reliable, secure, and diverse energy supplies; enhance the state’s economy; and protect public health and safety (Public Resources Code § 25301a]).
The Energy Commission prepares these assessments and associated policy recommendations every two years, with updates in alternate years, as part of the Integrated Energy Policy Report (IEPR).
The 2021 IEPR was adopted F ebruary 2022, and continues to work towards improving electricity, natural gas, and transportation fuel energy use in California. The 2021 IEPR provides the results of the CEC’s assessments of a variety of energy issues facing California. Many of these iss ues will require action if the state is to meet its climate, energy, air quality, and other environmental goals while maintaining reliability and controlling costs. Additionally, the 2021 IEPR provides the results of the CEC’s assessments of a variety of energy issues facing California. Many of these issues will require action if the state is to meet its climate, energy, air quality, and other environmental goals while maintaining reliability and controlling costs.
2. California Energy Plan (CEC)
The CEC is responsible for preparing the State Energy Plan, which identifies emerging trends related to energy supply, demand, conservation, public health and safety, and the maintenance of a healthy economy. The Plan calls for the state to assist in the transformation of the transportation system to improve air quality, reduce congestion, and increase the efficient use of fuel supplies with the least environmental and energy costs. To further this policy, the plan identifies several strategies, including assistance to public agencies and fleet operators and encouragement of urban designs that reduce vehicle miles traveled (VMT) and accommodate pedestrian and bicycle access.
3. California Code Title 24, Part 6, Energy Efficiency Standards California Code of Regulations (CCR) Title 24 Part 6: The California Energy Code was first adopted in 1978 in response to a legislative mandate to reduce California’s energy consumption. The standards are updated periodically to allow consideration and possible incorporation of new energy efficient technologies and methods. CCR, Title 24, Part 11: California Green Building Standards Code (CALGreen) is a comprehensive and uniform regulatory code for all residential, commercial, and school buildings that went in effect on August 1, 2009, and is administered by the California Building Standards Commission. CALGreen is updated on a regular basis, with the most recent approved update consisting of the 2022 California Green Building Code Standards that will be effective on January 1, 2023. The Project would be required to comply with the applicable standards in place at the time plan check submittals are made.
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4. AB 1493 Pavley Regulations and Fuel Efficiency Standards California AB 1493, enacted on July 22, 2002, required CARB to de velop and adopt regulations that reduce GHGs emitted by passenger vehicles and light duty trucks. Under this legislation, CARB adopted regulations to reduce GHG emissions from non-commercial passenger vehicles (cars and light- duty trucks). Although aimed at reducing GHG emissions, specifically, a co-benefit of the Pavley standards is an improvement in fuel efficiency and consequently a reduction in fuel consumption.
5. California’s Renewable Portfolio Standard (RPS)
First established in 2002 under Senate Bil l (SB) 1078, California’s Renewable Portfolio Standards (RPS) requires retail sellers of electric services to increase procurement from eligible renewable resources to 33% of total retail sales by 2020.
6. Clean Energy and Pollution Reduction Act of 2015 (SB 350) In October 2015, the legislature approved, and the Governor signed SB 350, which reaffirms California’s commitment to reducing its GHG emissions and addressing climate change. Key provisions include an increase in the renewable portfolio standard (RPS), higher energy efficiency requirements for buildings, initial strategies towards a regional electricity grid, and improved infrastructure for electric vehicle charging stations. Specifically, SB 350 requires the following to reduce statewide GHG emissions:
• Increase the amount of electricity procured from renewable energy sources from 33% to 50% by 2030, with interim targets of 40% by 2024, and 25% by 2027.
• Double the energy efficiency in existing buildings by 2030. This target will be achieved through the California Public Utility Commission (CPUC), the CEC, and local publicly owned utilities.
• Reorganize the Independent System Operator (ISO) to develop more regional electrify transmission markets and to improve accessibility in these markets, which will facilitate the growth of renewable energy markets in western United States.
4.4.3 METHODOLOGY
The information in this Subsection contains an evaluation of the Project’s potential impacts on energy consumption. The analysis presented herein, details the energy demand associated with Project-related construction equipment, transportation energy demands, and facility energy demands and efficient use of energy as required by CEQA Guidelines Appendix F.
In May 2022, the S outh Coast AQMD, in conjunction with the California Air Pollution Control Officers Association (CAPCOA) and other California air districts, released the latest version of the CalEEMod Version 2022.1. The purpose of this model is to calculate construction-source and operational-source criteria pollutants and GHG emissions from direct and indirect sources as well as 534 Struck Avenue Project
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energy usage. Accordingly, the latest version of CalEEMod has been used to determine the proposed Project’s anticipated transportation and facility energy demands. Outputs from the annual model runs are provided in Appendices 4.1 through 4.2 of the Project’s Energy Analysis (Technical Appendix E to this EIR).
On May 2, 2022, the EPA approved the 2021 version of the EMissions FACtor model (EMFAC2021) web database for use in State Impl ementation Plan and transportation conformity analyses.
EMFAC2021 is a mathematical model that was developed to calculate emission rates, fuel consumption, VMT from motor vehicles that operate on highways, freeways, and local roads in California and is com monly used by the CARB to project changes in future emissions from on-road mobile sources. The Project’s Energy Analysis utilizes the different fuel types for each vehicle class from the annual EMFAC2021 emission inventory in order to derive the average vehicle fuel economy which is then used to determine the estimated annual fuel consumption associated with vehicle usage during Project construction and operational activities. For purposes of analysis, the 2023 and 2024 analysis years were utilized to deter mine the average vehicle fuel economy used throughout the duration of the Project. Outputs from the EMFAC2021 model run is provided in Appendix 4.3 of the Project’s Energy Analysis (Technical Appendix E to this EIR).
4.4.4 BASIS FOR DETERMINING SIGNIFICANCE
According to Section I of Appendix G to the CEQA Guidelines, the proposed Project would result in a significant impact to aesthetics if the Project or any Project-related component would (OPR, 2019):
• Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation;
• Conflict with or obstruct a state or local plan for renewable energy or energy efficiency.
4.4.5 IMPACT ANALYSIS
Threshold a: Would the Project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
A. Construction
1. Electricity Consumption
As shown in Table 4.4 -1, Construction Electricity Usage , the total electricity usage from on -site Project construction related activities is estimated to be approximately 121,593 kWh.
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Table 4.4-1 Construction Electricity Usage
Land Use Cost per kWh Project Construction
Electricity Usage (kWh)
Office $0.14 1,405
Warehouse $0.14 14,863
Maintenance Building $0.14 1,517
Parking $0.14 31,888
Other Asphalt Surfaces $0.14 71,920
Total Construction Electricity Usage 121,593
Source: (Urban Crossroads, 2023c, Table 4-3)
2. Transportation Energy Consumption
Project construction would represent a “single‐event” diesel fuel demand and would not require ongoing or permanent commitment of diesel fuel resources for this purpose. As shown in Table 4-5 of the Project’s Energy Analysis (Technical Appendix E to this EIR), Project construction activities would consume an estimated 51,463 gallons of diesel fuel. Fuel consumed by construction equipment would be the primary energy resource expended over the course of Project construction. For the purposes of this analysis, the calculations are based on all construction equipment being diesel -powered which is standard practice consistent with industry standards. Diesel fuel would be supplied by existing commercial fuel providers serving the City and region.
Based on CalEEMod methodology, it is assumed that 50% of all construction worker trips are from light-duty-auto vehicles (LDA), 25% are from light-duty-trucks (LDT1), and 25% are from light-duty- trucks (LDT2). With respect to estimated VMT for the Project, the construction worker trips (personal vehicles used by workers commuting to the Project from home) would generate an estimated 178,433 VMT during the 16 months of construction. As shown in Table 4‐7 of the Project’s Energy Analysis (Technical Appendix E to this EIR), the estimated annual fuel consumption resulting from Project construction worker trips is 6,338 gallons during full construction of the Project. It should be noted that construction worker trips would represent a “single‐event” gasoline fuel demand and would not require ongoing or permanent commitment of fuel resources for this purpose.
Construction vendor trips would generate an estimated 89,052 VMT along area roadways. It is assumed that 50% of all vendor trips are from Medium-Heavy-Duty-Trucks (MHDT), 50% of vendor trips are from Heavy-Heavy-Duty Trucks (HHDT), and 100% of hauling trips are from HHDTs. As shown in Table 4-8 of the Project’s Energy Analysis (Technical Appendix E to this EIR), it is estimated that 14,614 gallons of fuel will be consumed re lated to construction vendor trips during full construction of the Project. It should be noted that Project construction vendor trips would represent a “single‐event” diesel fuel demand and would not require on‐going or permanent commitment of diesel fuel resources for this purpose.
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3. Construction Energy Efficiency/Conservation Measures The equipment used for Project construction would conform to CARB regulations and California emissions standards. There are no unusual Project characteristics or construction processes that would require the use of equipment that would be more energy intensive than is used for comparable activities; or equipment that would not conform to current emissions standards (and related fuel efficiencies). Equipment employe d in construction of the Project would therefore not result in inefficient wasteful, or unnecessary consumption of fuel.
The Project would utilize construction contractors who regularly comply with applicable CARB regulation regarding retrofitting, repowering, or replacement of diesel off-road construction equipment.
Additionally, CARB has adopted the Airborne Toxic Control Measure to limit heavy-duty diesel motor vehicle idling in order to reduce public exposure to diesel particulate m atter and other Toxic Air Contaminants. Compliance with anti-idling and emissions regulations would result in a more efficient use of construction-related energy and the minimization or elimination of wasteful or unnecessary consumption of energy. Idling restrictions and the use of newer engines and equipment would result in less fuel combustion and energy consumption.
Additional construction‐source energy efficiencies would occur due to required California regulations and best available control measures (BACM). For example, CCR Title 13, Motor Vehicles, section 2449(d)(3) Idling, limits idling times of construction vehicles to no more than five minutes, thereby precluding unnecessary and wasteful consumption of fuel due to unproductive idling of construct ion equipment. Section 2449(d)(3) requires that grading plans shall reference the requirement that a sign shall be posted on‐site stating that construction workers need to shut off engines at or before five minutes of idling.” In this manner, construction equipment operators are required to be informed that engines are to be turned off at or prior to five minutes of idling. Enforcement of idling limitations is realized through periodic site inspections conducted by City building officials, and/or in respons e to citizen complaints.
In general, construction processes promote conservation and efficient use of energy by reducing raw materials demands, with related reduction in energy demands associated with raw materials extraction, transportation, processing, and refinement. Use of materials in bulk reduces energy demands associated with preparation and transport of construction materials as well as the transport and disposal of construction waste and solid waste in general, with corollary reduced demands on area landfill capacities and energy consumed by waste transport and landfill operations.
Therefore, Project
construction energy consumption would not be considered inefficient, wasteful, or otherwise unnecessary.
B. Operation
Energy consumption in support of or related to Project operations would include transportation fuel demands (fuel consumed by passenger car and truck vehicles accessing the Project site), fuel demands from operational equipment, and facilities energy demands (energy consumed by building operations and site maintenance activities).
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1. Transportation Energy Demand
Energy that would be consumed by Project‐generated traffic is a function of total VMT and estimated vehicle fuel economies of vehicles accessing the Project site. The VMT per vehicle class can be determined by evaluated in the vehicle fleet mix and the total VMT. As with worker and vendors trips, operational vehicle fuel efficiencies were estimated using information generated within EMFAC2021 developed by CARB. As shown in Table 4.4-2, Project Generated Traffic Annual Fuel Consumption (All Vehicles) , the Project would result in a 1,300,864 annual VMT and an estimated annual fuel consumption of 127,584 gallons of fuel . Trip generation and VMT generated by the Project are consistent with other industrial uses of similar scale and configuration, as reflected respectively in the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Ed., 2021); and CalEEMod.
As such, Project operations would not result in excessive and wasteful vehicle trips and VMT, nor excess and wasteful vehicle energy consumption compared to other industrial uses.
Table 4.4-2 Project Generated Traffic Annual Fuel Consumption (All Vehicles) Vehicle Type Average Vehicle Fuel
Economy (mpg) Annual VMT Estimated Annual Fuel
Consumption (gallons)
LDA 32.75 308,853 9,430
LDT1 25.26 25,964 1,028
LDT2 24.73 140,851 5,696
MDV 15.05 78,288 5,203
MCY 15.05 11,709 778
LHD1 15.94 86,753 5,442
LHD2 15.05 21,909 1,456
MHD 7.52 175,418 23,340
HHD 6.00 451,118 75,210
Total (All Vehicles) 1,300,864 127,584
Source: (Urban Crossroads, 2023c, Table 4-9)
2. On-site Cargo Handling Equipment Energy Demand
It is common for industrial buildings to require the operation of exterior cargo handling equipment in the building’s truck court areas . For this particular Project, on -site modeled operational equipment includes up to one (1) 175 horsepower (hp), natural gas-powered cargo handling equipment – port tractors operating at 4 hours a day for 365 days of the year. Project operational activity estimates and associated fuel consumption estimates are based on the annual EMFAC2021 offroad emissions for the 2024 operational year and was used to derive the total annual fuel consumption associated on-site equipment. As presented in Table 4.4 -3, On-site Cargo Handling Equipment Fuel Consumption Estimates, Project on-site equipment would consume an estimated 4,642 gallons of natural gas. On- site equipment use of fuel would not be atypical for the type of construction proposed because there are no aspects of the Project’s proposed operations that are unusual or energy-intensive, and Project 534 Struck Avenue Project
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on-site equipment would conform to the applicable CARB emissions standards, acting to promote equipment fuel efficiencies.
Table 4.4-3 On-site Cargo Handling Equipment Fuel Consumption Estimates Equipment Quantity Usage
Hours
Days of
Operation
EMFAC2021
Fuel
Consumption
(gal./yr)
EMFAC20
21 Activity
(hrs./yr)
Total Fuel
Consumption
Cargo Handling
Equipment 1 4 365 17,909 5,633 4,642
On-Site Cargo Handling Equipment Fuel Demand (Gallons Fuel) 4,642 Source: (Urban Crossroads, 2023c, Table 4-10)
3. Facility Energy Demand
Project building operations activities would result in the consumption of natural energy and electricity, which would be supplied to the Project by SoCalGas and SCE. As shown in Table 4.4-4, Project Annual Operational Energy Demand Summary , the Project would result in 1,220,180 kBTU/year or natural gas and 395,861 kWh/year of electricity. The Project proposes conventional industrial uses reflecting contemporary energy efficient /energy conserving designs and operational programs. The Project does not propose uses that are inherently energy intensive and the energy demands in total would be comparable to other industrial uses of similar scale and configuration.
Lastly, the Projec t will comply with the applicable Title 24 standards. Compliance itself with applicable Title 24 standards will ensure that the Project energy demands would not be inefficient, wasteful, or otherwise unnecessary.
Table 4.4-4 Project Annual Operational Energy Demand Summary Land Use Natural Gas Demand
(kBTU/year)
Electricity Demand
(kWh/year)
Office
1,220,180 296,267 Warehouse
Maintenance Building
Parking 0 99,594
Other Asphalt Surfaces 0 0
Total Project Energy Demand 1,220,180 395,861
Source: (Urban Crossroads, 2023c, Table 4-11)
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4. Operational Energy Efficiency/Conservation Measures
Energy efficiency/energy conservation attributes of the Project would be complemented by increasingly stringent state and federal regulatory actions addressing vehicle fuel economies and vehicle emissions standards; and enhanced building/utilities energy efficiencies mandated under California building codes (e.g., Title24, California Green Building Standards Code).
Project annual fuel consumption estimates presented represent likely potential maximums that would occur for the Project. Under subsequent future conditions, average fuel economies of vehicles accessing the Project site can be expected to improve as older, less fuel-efficient vehicles are removed from circulation, and in response to fuel economy and emissions standards imposed on newer vehicles entering the circulation system.
Enhanced fuel economies realized pursuant to federal and state regul atory actions, and related transition of vehicles to alternative energy sources (e.g., electricity, natural gas, biofuels, hydrogen cells) would likely decrease future gasoline fuel demands per VMT. Location of the Project proximate to regional and local roadway systems tends to reduce VMT within the region, acting to reduce regional vehicle energy demands. The Project would implement sidewalks, facilitating and encouraging pedestrian access. Facilitating pedestrian and bicycle access would reduce VMT and associated energy consumption. In compliance with the California Green Building Standards Code and City requirements, the Project would promote the use of bicycles as an alternative mean of transportation by providing short -term and/or long-term bicycle par king accommodations. As supported by the preceding discussions, Project transportation energy consumption would not be considered inefficient, wasteful, or otherwise unnecessary.
Threshold b: Would the Project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
The analysis below presents the Project’s consistency with federal and State plans for renewable energy and energy efficiency.
A. Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Transportation and access to the Project site is provided by the local and regional roadway systems.
The Project would not interfere with, nor otherwise obstruct intermodal transportation plans or projects that may be realized pursuant to the ISTEA because SCAG is not planning for intermodal facilities on or through the Project site.
B. The Transportation Equity Act for the 21st Century (TEA-21) The Project site is located along major transportation corridors with proximate access to the Interstate freeway system. The site selected for the Project facilitates access, acts to reduce vehicle miles traveled, takes advantage of existing infrastructure systems, and promotes land use compatibilities through collocation of similar uses. The Project supports the strong planning processes emphasized under TEA‐ 534 Struck Avenue Project
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21. The Project is therefore consistent with, and would not otherwise interfere with, nor obstruct implementation of TEA‐21.
C. Integrated Energy Policy Report
Electricity would be provided to the Project by SCE. SCE’s Clean Power and Electrification Pathway (CPEP) white paper builds on existing state programs and policies. As such, the Project is consistent with, and would not otherwise interfere with, nor obstruct implementation the goals presented in the 2021 IEPR. Additionally, the Project will comply with the applicable Title 24 standards which would ensure that the Project energy demands would not be inefficient, wasteful, or otherwise unnecessary.
As such, development of the proposed Project would support the goals presented in the 2021 IEPR.
D. State of California Energy Plan
The Project site is located along major transportation corridors with proximate access to the Interstate freeway system. The site selected for the Project facilitates access and takes advantage of existing infrastructure systems. The Project therefore supports urban design and planning processes identified under the State of California Energy Plan, is consistent with, and would not otherwise interfere with or obstruct, implementation of the State of California Energy Plan.
E. California Code Title 24, Part 6, Energy Efficiency Standards The 2022 version of Title 24 was adopted by the CEC and will become effective on January 1, 2023.
As the Project building construction is anticipated in 2024, it is presumed that the Project would be required to comply with the Title 24 standards in place at that time. Therefore, the Project is would not result in a significant impact on energy resources. The Project would be subjected to Title 24 standards.
F. California Code Title 24, Part 11, CalGreen
As previously stated, CCR, Title 24, Part 11: CALGreen is a comprehensive and uniform regulatory code for all residential, commercial, and school buildings that went in effect on January 1, 2009, and is administered by the California Building Standards Commission. CALGreen is updated on a regular basis, with the most recent approved update consisting of the 2022 California Green Building Code Standards that were published on July 1, 2022 and will become effective on January 1, 2023. The Project would be required to comply with the applicable standards in place at the time plan check submittals are made.
G. AB 1493 Pavley Regulations and Fuel Efficiency Standards AB 1493 is not applicable to the Project as it is a s tatewide measure establishing vehicle emissions standards. No feature of the Project would interfere with implementation of the requirements under AB 1493.
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H. California’s Renewable Portfolio Standard (RPS)
California’s RPS is not applicable to the Project as it is a statewide measure that establishes a renewable energy mix. No feature of the Project would interfere with implementation of the requirements under RPS.
I. Clean Energy and Pollution Reduction Act of 2015 (SB 350) The Project would use energy from SCE, which have committed to diversify their portfolio of energy sources by increasing energy from wind and solar sources. No feature of the Project would interfere with implementation of SB 350. Additionally, the Project would be designed and constructed to implement the energy efficiency measures for new industrial developments and would include several measures designed to reduce energy consumption.
As demonstrated above, the Project would not conflict with any federal or State plans for renewable energy and energy efficiency. Therefore, impacts would be less than significant.
4.4.6 CUMULATIVE IMPACT ANALYSIS
Cumulative impacts result if the Project, along with cumulative projects, taken together could result in wasteful, inefficient, or unnecessary use of energy. Future projects would be subject to CEQA and would require an energy analysis, consistency with existing plans and policies for renewable energy and energy efficiency, and implementation of control measures and mitigation if necessary to avoid wasteful, inefficient, or unnecessary consumption of energy resources. The areas considered for cumulative impacts to electricity and natural gas supplies are the service areas of the SCE and SoCalGas, respectively.
Buildout of the Project, related projects, and additional forecasted growth in SCE’s and SoCalGas’ service area would cumulatively increase the demand for electricity supplies and infrastructure capacity. As with the Project, during construction and operation, other future development proje cts would be expected to incorporate energy conservation features and comply with applicable regulations including CALGreen and state energy standards under Title 24, which would contribute in minimizing wasteful energy consumption. As such, the Project’s contribution to cumulative impacts related to wasteful, inefficient, and unnecessary use of electricity and natural gas would not be cumulatively considerable and, thus, would be less than significant.
As indicated under the analysis of Threshold b., the Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. As such, the Project has no potential to result in cumulatively-considerable impacts due to a conflict with or obstruction of such plans.
4.4.7 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: Less than Significant Impact. The amount of energy and fuel consumed by construction and operation of the Project would not be inefficient, wasteful, or unnecessary. Furthermore, the 534 Struck Avenue Project
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Project would not cause or result in the need for additional energy facilities or energy delivery systems.
Accordingly, the Project’s impacts associated with energy consumption would be less than significant.
Threshold b: Less than Significant Impact. The Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency and impacts would be less than significant.
4.4.8 MITIGATION
Impacts would be less than significant; therefore, mitigation is not required. 534 Struck Avenue Project
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4.5 GEOLOGY AND SOILS
The analysis in this Subsection is based primarily on information contained in technical report prepared by prepared by GeoTek, Inc titled, “Geotechnical and Infiltration Evaluation Proposed Warehouse Facility 534 Struck Avenue, Orange, Orange County, California” and dated March 31, 2020 (GeoTek, 2020a). The technical report is included as Technical Appendix F to this EIR. In addition, a paleontological resources assessment prepared by Du ke Cultural Resources Management titled, “Cultural and Paleontological Resource Letter Report for the 534 Struck Avenue Project, City of Orange, Orange County, California (Cultural Resources Study)” and dated April 30, 2021, was used in this analysis (Duke, 2021). Additional sources of information used to support the analysis in this Subsection include the City of Orange General Plan EIR (Orange, 2010a) and the Orange Municipal Code (Orange, 2021). All of the references used in this Subsection are listed in EIR Section 7.0, References.
4.5.1 EXISTING CONDITIONS
A. Soils
The Project site is generally underlain by undocumented fill and older alluvial fan deposits.
Undocumented fill soils were encountered within ten of the test borings to depths ranging from about 3 to 5 feet below existing grade. The undocumented fill consisted of medium dense to dense silty sand, very dense/hard clayey sand to sandy clay, clayey sil t and silty clay. Expansion index testing reveals that the near-surface soils exhibit a “medium” expansion potential.
Older alluvial fan deposits generally consist of medium dense to very dense sand and silty and clayey sands and stiff to very stiff sandy silts, clayey silts and sandy clays were encountered below the undocumented fill and/or the existing ground surface and extended to the maximum depths explored. (GeoTek, 2020a, p. 5)
B. Groundwater
Groundwater was not detected within the test borings to depths up to about 30 feet below grade. Based on a review of the Seismic Hazard Zone Report for the Orange Quadrangle, historic high groundwater at the Site is estimated to be greater than 40 feet below grade.
C. Seismic Hazards
The Project site is located in an area of southern California that is subject to strong ground motions due to seismic events (i.e., earthquakes). The geologic structure of southern California is dominated mainly by northwest-trending faults associated w ith the San Andreas system. The Project site is not situated within a State of California Alquist-Priolo Earthquake Fault Zone. The nearest known active faults are the San Joaquin Hills and Elsinore fault zones, located about 7.5 miles south and 8.5 miles northeast, respectively.
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Secondary hazards associated with earthquakes include surface rupture, ground failure, unstable soils and slopes. Each of these hazards is briefly described below.
1. Fault Rupture
Fault rupture can occur along pre -existing, known active fault traces; however, fault rupture also can splay from known active faults or rupture along unidentified fault traces. No known faults occur on the Project site and the potential for damage due to direct fault rupture on the Project site is not expected to occur.
2. Liquefaction
Liquefaction is a phenomenon in which loose, saturated, relatively cohesion-less soil deposits lose shear strength during strong ground motions, which causes the soil to beha ve as a viscous liquid.
Liquefaction is generally limited to the upper 50 feet of subsurface soils. Research and historical data indicate that loose granular soils of Holocene to late Pleistocene age below a near-surface groundwater table are most susceptible to liquefaction, while the stability of most clayey material is not adversely affected by vibratory motion (SCEC, 1999, pp. 5- 6). The Project site is not located within an area mapped by the State of California for liquefaction potential. Based on the current map designation and the estimated depth to historic high groundwater (+40 feet) and the density of the materials encountered, the Site possesses a very low potential for liquefaction during a seismic event.
3. Unstable Soils and Slopes
The Project site is relatively flat and evidence of ancient landslides or slope instability was not observed. The potential for landslides is considered negligible.
D. Paleontological Resources
The Project is located in the northwestern portion of the Peninsular Ranges geomorphic province. The Peninsular Ranges province is distinguished by northwest trending mountain ranges and valleys following faults branching from the San Andreas Fault. Locally, the Project area is located in the Central Block of the Los Angeles Basin, an area characterized by thick alluvial deposits overlying sediments ranging from Cretaceous to Pleistocene in age. The old alluvial fan deposits ( Qof) underlying the Project area are exclusively alluvial fan sedime nts sourced from the Santa Ana Mountains to the northeast in the Pleistocene Epoch (2.5 million years ago to 11,700 years ago). The El Modena and Peralta Hills to the north represent the Peralta Hills Anticline, a surface expression of the underlying, east-west trending, Peralta Hills Fault.
No fossil localities were identified within the Project site, but 3 fossil localities in similar deposits to those underlying the Project were identified nearby (within 3 miles). Fossil localities, include:
• LACM 4943 produced remains of horse (Equus) at a depth of 8 – 10 ft 2 miles north of the Project (McLeod 2020);
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• LACM 1652 produced remains of sheep (Ovis ) at an unknown depth 3 miles north of the Project (McLeod 2020);
• Gardenview, Phase I produced remains of rodents, mammals, and invertebrates at an unknown depth 3 miles west of the Project (SDNHM).
The presence of multiple nearby fossil localities in deposits similar to those underlying the Project indicates a high sensitivity for paleontological resources within the area.
4.5.2 REGULATORY FRAMEWORK
The following is a brief description of the federal, state, and local environmental laws and related regulations governing issues related to geology, soils, and paleontological resources.
A. Federal Regulations
1. Clean Water Act
The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act , but the Act was substantially reorganized and expanded in 1972. "Clean Water Act" became the Act's common name with amendments in 1972. Under the CWA, the Environmental Protection Agency (EPA) has implemented pollution control programs such as setting wastewater standards for industry, and also has set water quality standards for all contaminants in surface waters. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. Point sources are discrete conveyances such as pipes or man - made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters. (EPA, 2020a)
2. Paleontological Resources Preservation Act
The Paleontological Resources Preservation Act (PRPA) was signed into law on March 30, 2009 (Public Law 111-11, Title VI, Subtitle D; 16 U.S.C. §§ 470aaa - 470aaa-11). PRPA directs the Department of Agriculture (U.S. Forest Service) and the Department of the Interior (National Park Service, Bureau of Land Management, Bureau of Reclamation, and Fish and Wildlife Service) to implement comprehensive paleontological resource management programs. Section 6310 of PRPA specifically states, "As soon as practic al after the date of enactment of this Act, the Secretary shall issue such regulations as are appropriate to carry out this subtitle, providing opportunities for public notice and comment." (NPS, n.d.)
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B. State Regulations
1. Alquist-Priolo Earthquake Fault Zoning Act (A-P Act) The Alquist-Priolo Earthquake Fault Zoning Act (A-P Act) was passed in 1972 to mitigate the hazard of surface faulting to structures for human occupancy. The A-P Act’s main purpose is to prevent the construction of buildings used for human occupancy on the surface trace of active faults. The A-P Act only addresses the hazard of surface fault rupture and is not directed toward other earthquake hazards. (CA Legislative Info, n.d.)
The A-P Act requires the State Geologist to establish regulatory zones (known as Earthquake Fault Zones) around the surface traces of active faults and to issue appropriate maps. ["Earthquake Fault Zones" were called "Special Studies Zones" prior to January 1, 1994.] The maps are distributed to all affected cities, counties, and state agencies for their use in planning and controlling new or renewed construction. Local agencies must regulate most development projects within the zones. Projects include all land divisions and most structures for human occupancy. Single family wood-frame and steel-frame dwellings up to two stories not part of a development of four units or more are exempt.
However, local agencies can be more restrictive than state law requires. (CA Legislative Info, n.d.)
Before a project can be permitted, cities and counties must require a geologic investigation to demonstrate that proposed buildings will not be constructed ac ross active faults. An evaluation and written report of a specific site must be prepared by a licensed geologist. If an active fault is found, a structure for human occupancy cannot be placed over the trace of the fault and must be set back from the fault (generally 50 feet). (CA Legislative Info, n.d.)
2. Seismic Hazards Mapping Act
The Seismic Hazards Mapping Act (SHMA) of 1990 (Public Resources Code, Chapter 7.8, § 2690- 2699.6) directs the Department of Conservation, California Geological Survey to identify and map areas prone to liquefaction, earthquake-induced landslides, and amplified ground shaking. The purpose of the SHMA is to minimize loss of life and property through the identification, evaluation, and mitigation of seismic hazards. (CDC, n.d.)
Staff geologists in the Seismic Hazard s Program gather existing geological, geophysical , and geotechnical data from numerous sources to produce the Seismic Hazard Zone Maps. They integrate and interpret these data regionally in order to evaluate the severity of the seismic hazards and designate as Zones of Required Investigation (ZORI) those areas prone to liquefaction and earthquake –induced landslides. Cities and counties are then required to use the Seismic Hazard Zone Maps in their land use planning and building permit processes. (CDC, n.d.)
The SHMA requires site-specific geotechnical investigations be conducted within the ZORI to identify and evaluate seismic hazards and formulate mitigation measures prior to permitting most developments designed for human occupancy. (CDC, n.d.)
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3. Natural Hazards Disclosure Act
The Natural Hazards Disclosure Act, effective June 1, 1998 (as amended June 9, 1998), requires that sellers of real property and their agents provide prospective buyers with a "Natural Hazard Disclosure Statement" when the property being sold lies within one or more state-mapped hazard areas, including a Seismic Hazard Zone. (CA Legislative Info, n.d.)
The law requires the State Geologist to establish regulatory zones (Zones of Required Investigation) and to issue appropriate maps (Seismic Hazard Zone maps). These maps are distributed to all affected cities, counties, and state agencies for their use in planning and controlling construction and development. Single-family frame dwellings up to two stories not part of a development of four or more units are exempt from the state requirements. However, local agencies can be more restrictive than state law requires. (CA Legislative Info, n.d.)
Before a development permit can be issued or a subdivision approved, cities and counties must require a site -specific investigation to determine whether a significant hazard exists at the site and, if so, recommend measures to reduce the risk to an acceptable level. The investigation must be performed by state-licensed engineering geologists and/or civil engineers. (CA Legislative Info, n.d.)
4. Essentials Services Building Seismic Safety Act
In 1986, the California Legislature determined that buildings providing essential services should be capable of providing those services to the public after a disaster. Their intent in this regard was defined in legislation known as the Essential Services Buildings Seismic Safet y Act of 1986 and includes requirements that such buildings shall be “…designed and constructed to minimize fire hazards and to resist…the forces generated by earthquakes, gravity, and winds.” This enabling legislation can be found in the California Healt h and Safety Code, Chapter 2, § 16000 through 16022. In addition, the California Building Code defines how the intent of the act is to be implemented in Title 24, Part 1 of the California Building Standards Administrative Code, Chapter 4, Articles 1 through 3. (CAB, n.d.)
5. California Building Standards Code (Title 24)
California Code of Regulations (CCR) Title 24 is reserved for state regulations that govern the design and construction of buildings, associated facilities, and e quipment. These regulations are also known as building standards (reference California Health and Safety Code § 18909). Health and Safety Code (state law) § 18902 gives CCR Title 24 the name California Building Standards Code (CBSC). (CBSC, 2019, p. 1)
The CBSC in CCR Title 24 is published by the California Building Standards Commission and it applies to all building occupancies (see Health and Safety Code §§ 18908 and 18938) throughout the State of California. Cities and counties are required by state law to enforce CCR Title 24 (reference Health and Safety Code §§ 17958, 17960, 18938(b), and 18948). Cities and counties may adopt ordinances making more restrictive requirements than provided by CCR Title 24, because of l ocal climatic, geological, or topographical conditions. Such adoptions and a finding of need statement must 534 Struck Avenue Project
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be filed with the California Building Standards Commission (Reference Health and Safety Code §§ 17958.7 and 18941.5). (CBSC, 2019, p. 1)
4.5.3 BASIS FOR DETERMINING SIGNIFICANCE
Section VI of Appendix G to the CEQA Guidelines addresses typical adverse effects due to geological conditions, and includes the following threshold questions to evaluate the Project’s impacts res ulting from geologic or soil conditions (OPR, 2019):
• Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
a. Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
b. Strong seismic ground shaking
c. Seismic-related ground failure, including liquefaction
d. Landslides
• Result in substantial soil erosion or the loss of topsoil;
• Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse;
• Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property;
• Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water;
• Directly or indirectly destroy a unique paleontological resour ce or site or unique geologic feature;
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4.5.4 IMPACT ANALYSIS
Threshold a: Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42; strong seismic groun d shaking; seismic -related ground failure, including liquefaction; landslides?
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42?
Ground rupture is the visible offset of the ground surface when an earthquake rupture along a fault affects the Earth’s surface. Southern California, including the City of Orange, is subject to the effects of seismic activity due to the active faults that traverse the area. Active faults are defined as those that have experienced surface displacement within Holocene time (approximately the last 11,000 years) and/or are in a State-designated Alquist-Priolo Earthquake Fault Zone. According to the Geotechnical Investigation, the Project site is not within a State of California Alquist-Priolo Earthquake Fault Zone.
Additionally, the Project site is not within any other fault zone. The nearest active faults to the Project site are the San Joaquin Hills and Elsinore fault zones located approximately 7.5 miles to the south and
8.3 miles to the northeast, respectively (GeoTek, 2020a). Fault rupture would not occur on the Project site since no active faults cross the Project site. Therefore, no impacts would occur.
ii. Strong seismic ground shaking?
As previously stated, the Project site is located within the highl y seismic Southern California region within the influence of several fault systems. The San Joaquin Hills and Elsinore fault zones located approximately 7.5 miles to the south and 8.3 miles to the northeast, respectively, of the Project site (GeoTek, 2020a). As a result, the Project would likely experience strong seismic ground shaking during its design life.
The Project’s proposed building would be constructed in accordance with the 2019 California Building Code (CBC) and OMC Section 15.04.010, California Building Code Adopted by Reference, structures built for human occupancy must be designed to meet or exceed the CBC standards for earthquake resistance. The CBC includes earthquake safety standards based on a variet y of factors including occupancy type, types of soils and rocks on-site, and strength of probable ground motion at the project site. In accordance with CBC requirements, a Geotechnical Investigation was prepared to determine site-specific geologic conditions and appropriate design parameters. T he Project would demonstrate compliance with applicable seismic -related design requirements and the City of Orange Building 534 Struck Avenue Project
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Division would ensure incorporation of the Geotechnical Investigation’s recommended design criteria as a standard condition of approval. Following compliance with the CBC, impacts concerning seismic ground shaking would be less than significant.
iii. Seismic-related ground failure, including liquefaction?
Seismic-related ground failure includes, but is not limited to, liquefaction. Liquefaction is a seismic phenomenon in which loose, saturated, granular soils behave similarly to fluids when subject to high- intensity seismic events. Liquefaction occurs when three general conditions coexist: 1) shallow groundwater, 2) low -density non-cohesive (granular) soils and 3) high-intensity ground motion.
According to the Geotechnical Investigation and the DOC Earthquake Zones of Required Investigation Map, the Project site is not within a Liquefactio n Zone (DOC, 2016a; GeoTek, 2020a). The Project does not have the potential to expose people or structures to seismic -related liquefaction. Therefore, no impacts would occur.
iv. Landslides?
Seismic events can cause the soils within a slope to become unstable and slip causing a landslide.
According to the DOC Earthquake Zones of Required Investigation Map, the Project site is not within a Landslide Zone (DOC, 2016a). The Project does not have the potential to expose people or structures to seismic-related landslides. Therefore, no impacts would occur.
Threshold b: Would the Project result in substantial soil erosion or the loss of topsoil? Erosion is the movement of rock and soil from place to place and is a natural process. Common agents of erosion in the region include wind and flowing water. Significant erosion typically occurs on steep slopes where stormwater and high winds can carry topsoil down hillsides. Erosion can be increased greatly by earthmoving activities if erosion-control measures are not employed.
The Project site is fully developed and contains ornamental landscaping within the site’s northern portion. Because the Project site is fully developed and contains very little exposed soils, erosion is occurring on the site is minimal.
Grading and earthwork activities associated with Project construction would expose soils to potential short-term erosion by wind and water. Project construction would be required to comply with the water quality management measures identified in OMC Section 7.01.050, Controls for Water Quality Management. As discussed under Hydrology and Water Quality Threshold a, the Project would be required to comply with the National Pollutant D ischarge Elimination System (NPDES) program to control direct storm water discharges, which involves the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) for construction-related activities, including grading. As stated previously, the Project would also be required to demonstrate compliance with South Coast AQMD 403, which would reduce the potential for wind erosion during construction through the implementation of dust control measures. Following compliance with the esta blished regulatory 534 Struck Avenue Project
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framework (i.e., OMC Chapter 7.01.050 and South Coast AQMD Rule 403), impacts during construction would be less than significant.
Long-term operational impacts related to soil erosion or loss of topsoil would be required to comply with the requirements outlined in the Project’s Water Quality Management Plan (WQMP) in compliance with OMC Chapter 7.01, Water Quality and Stormwater Discharges . The Project’s WQMP is included as Technical Appendix I1 of this EIR. The WQMP includes structural and non- structural best management practices (BMPs) to ensure water quality standards are upheld. Structural BMPs included in the Project’s WQMP include providing storm drain signage; trash storage areas; efficient irrigation systems and landsc ape design; and loading docks. Non-structural BMPs, such as educational materials for property owners, tenants, and occupants; activity restriction; common area landscape management; BMP maintenance; spill contingency plant; uniform fire code implementation; common area litter control; employee training; housekeeping of loading docks, common area catch basin inspection; and street sweeping private streets and parking lots.
The BMPs identified in the Project’s WQMP would reduce the Project’s potential operational impacts concerning soil erosion or loss of topsoil. The Project site is within a highly urbanized area with minimal elevation changes. The Project would redevelop the Project site with a single approximately 57,900 sf truck terminal, that includes 52,900 sf of warehouse space and 5,000 sf of office space, and a 5,400- sf maintenance building and would contain a similar amount of impervious surfaces as compared to the site’s existing development. Any exposed soil would be minimal and associated with landscaping areas. Project operations would not result in substantial soil erosion or loss of topsoil during operation. Impacts would be less than significant.
Threshold c: Would the Project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Landslide
Refer to Geology/Soils Threshold a.iv. The Project does not have the potential t o be located on a geologic unit or soil that would result in on- or off-site landslides. No impacts would occur.
Lateral Spreading
Lateral spreading is a phenomenon in which large blocks of intact, non-liquefied soil move downslope on a liquefied soil layer. Lateral spreading is a regional event. For lateral spreading to occur, the liquefiable soil zone must be laterally continuous, unconstrained laterally, and free to move along the sloping ground. The Project site’s potential for lateral spreading is considered low based on the site’s relatively flat topography, distance from slopes, and no potential for liquefaction. The Project does not have the potential to be located on a geologic unit or soil that would result in lateral spreading. No impacts would occur.
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Subsidence/Shrinkage
Subsidence and shrinkage are primarily dependent upon the degree of compaction achieved during construction. According to the Project’s Geotechnical Investigation, undocumented fill soils were encountered at depths ranging from 3 to 5 feet bgs that consist of medium dense to dense silty sand, very dense/hard clayey sand to sandy clay, clayey silt, and silty clay (GeoTek, 2020a). Older alluvial fan deposits located beneat h the undocumented fill and/or the existing ground surface consists of medium dense to very dense sand and silty and clayey sands and stiff to very stuff sandy silts and sandy clays. A shrinkage factor of approximately 5 to 15 percent may be considered for undocumented fill materials requiring removal and recompaction. A shrinkage factor of approximately 0 to 10 percent may be considered for excavation and recompaction of native soils (GeoTek, 2020a). The Project would implement the recommendations identified within the Geotechnical Investigation in accordance with CBC requirements and to preclude impacts related to subsidence and shrinkage. Additionally, the City of Orange Building Division would ensure incorporation of the Geotechnical Investigation’s recommended actions as a standard condition of approval to the Project’s building permit. Impacts would be less than significant.
Liquefaction
Refer to Geology/Soils Threshold a.iii. Therefore, the Project does not have the potential to be located on a geologic unit or soil that would result in liquefaction. No impacts would occur.
Threshold d: Would the Project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
Expansive soils are defined as soils possessing clay particles that react to moisture changes by shrinking or swelling. According to the Project’s Geotechnical Investigation, the Project’s on-site near-surface soils have a very low to medium expansion pot ential. Recommendations for foundation construction are outlined in Section 5.3, Design Recommendations, of the Geotechnical Investigation.
Design parameters are detailed in Section 5.3.1 of the Geotechnical Investigation (Technical Appendix F of this EIR), the City of Orange Building Division would ensure incorporation of the Geotechnical Investigation’s recommended actions as a standard condition of approval to the Project’s building permit. Following the implementation of the Geotechnical Investigation recommendations, impacts would be less than significant.
Threshold e: Would the Project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
The Project would not involve the use of septic tanks or alternative waste water disposal systems. The Project would connect to the City’s existing wastewater service, which currently provides service to the site and surrounding area. No impacts would occur.
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Threshold f: Would the Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
According to the City’s General Plan EIR, Orange County has designated most of the area gene rally east of SR-55 as an area of paleontological resource sensitivity. However, the Project site is located
1.5 miles west of SR- 55 and is developed with an existing manufacturing facility with associated parking and landscaping. There is a low potential for unique geologic features to be present on-site per the General Plan EIR. Additionally, according to the Cultural Resources Study (Technical Appendix D), the Project site does not contain any fossil localities; however, two fossil localities located w ithin 3 miles of the Project site were identified in similar deposits to those underlying the Project site (Duke, 2021). The presence of multiple nearby fossil localities in deposits similar to those underlying the Project site indicates a high sensitivity for paleontological resources within the Project site (Duke, 2021). Although the Project site was previously disturbed, the Project’s construction activities have the potential to increase the dept h of excavation and uncover unidentified paleontological resources.
Therefore, in the unlikely event that Project excavation uncovers unknown paleontological resources, construction activities could result in a potentially significant impact.
4.5.5 CUMULATIVE IMPACT ANALYSIS
With the exception of erosion hazards, potential hazardous effects related to geologic and soil conditions addressed under Thresholds “a,” “c,” “d,” and “e” are unique to the Project site , and inherently restricted to the specific property proposed for development. That is, issues including fault rupture, seismic ground shaking, liquefaction, landslides, and expansive soils would involve effects to (and not from) a proposed development project, are specific to conditions on the subject property, and are not influenced or exacerbated by the geologic and/or soils hazards that may occur on other, off-site properties. Further, as noted in the foregoing analysis, all potential Project-related direct and indirect impacts related to potential hazardous effects related to geologic and soil conditions would be precluded through mandatory conformance with the CBC, Orange Municipal Code, other standard regulatory requirements, and the s ite-specific geotechnical recommendations contained with in the Project’s geotechnical report, which will be incorporated into the Project’s design via conditions of approval. Because of the s ite-specific nature of these potential hazards and the measures to address them, there would be no direct or indirect connection to similar potential issues or cumulative effects to or from other properties.
As discussed under Threshold “b,” regulatory requirements mandate that the Project incorporate design measures during construction and long-term operation to ensure that significant erosion impacts do not occur. Other development projects in the vicinity of the Project site would be required to comply with the same regulatory requirements as the Project to preclude substantial adverse water and wind erosion impacts. Because the Project and other projects within the cumulative study area would be subject to similar mandatory regulatory requirements to control erosion hazards during construction and long- term operation, cumulative impacts associated with wind and water erosion hazards would be less than significant.
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The Project’s potential to result in cumulative impacts to paleontological resources Threshold “f” is similar to that of other projects located in the region that are underlain by older alluvial soils.
Cumulative impact s to paleontological resources consider development of the proposed Project in conjunction with other development projects and planned development in the immediate vicinity of the Project site that have a potential for uncovering paleontologica l resources. Generally, impacts relating to paleontological resources are site-specific and addressed on a site-by-site basis. Therefore, while there is a potential for an impact on a specific site, the impact would not ordinarily extend beyond the site or immediately surrounding area. There could be circumstances in which a paleontological resource extends over more than one property, however, there are no adjacent related projects that could potentially result in affects to unknown paleontological resources that may lie in the subsurface of the Project site; therefore, there would be no cumulative impacts would occur
4.5.6 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: Less-than-Significant Impact. Implementation of the Project would not expose people or structures to substantial direct or indirect adverse effects related to liquefaction or fault rupture. The Project site is subject to seismic ground shaking associated with earthquakes; however, mandatory compliance with local and State regulatory requi rements and building codes would ensure that the Project minimizes potential hazards related to seismic ground shaking to less-than-significant levels.
Threshold b: Less-than-Significant Impact. Implementation of the Project would not result in substantial soil erosion or loss of topsoil. The Project Applicant would be required to obtain a NPDES permit for construction activities and adhere to a SWPPP, and prepare an erosion control plan to minimize water and wind erosion. Following completion of development, the Project’s owner or operator would be required by law to implement a SWQMP during operation, which would preclude substantial erosion impacts in the long-term.
Threshold c: Less-than-Significant Impact. There is no potential for the P roject’s construction or operation to cause, or be impacted by, on- or off-site landslides or lateral spreading. Potential hazards associated with unstable soils would be precluded through mandatory adherence to the recommendations contained in the site-specific geotechnical report during Project construction.
Threshold d: Less-than-Significant Impact. The Project site contains soils with low susceptibility to expansion; therefore, the Project would not create substantial direct or indirect risks to life or property associated with the presence of expansive soils. Less-than-significant impacts would occur.
Threshold e: No Impact. No septic tanks or alternative wastewater disposal systems are proposed to be installed on the Project site . Accordingly, no impact would occur associated with soil compatibility for wastewater disposal systems.
Threshold f: Significant Direct Impact. The Project would not impact any known paleontological resource or unique geological feature. However, the Project site is underlain by older alluvium soils with a high sensitivity for paleontological resources. Accordingly, construction activities on the 534 Struck Avenue Project
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Project site have the potential to unearth and adversely impact paleontological resource that may be buried beneath the ground surface.
4.5.7 MITIGATION
MM 4.5-1 Prior to the issuance of a grading permit, the Applicant shall provide written evidence to the Community Development Department that the Applicant has retained a qualified paleontologist to respond on an as -needed basis to address unanticipated paleontological discoveries.
In the event that paleontological resources are encountered during ground-disturbing activities, all construction activities within 100 foot vicinity of the find shall halt until the qualified paleontologist identifies the paleontological significance of the find. If determined to be significant, the fossil shall be collected and prepared to the point of identification, identified to the lowest taxonomic level possible, cataloged, and curated into the permanent collections of a museum repository. At the conclusion of curation, a report of findings shall be prepared to document the results of the monitoring program. Construction shall not resume within the vicinity until the site paleontologist states in writing that the proposed construction activities would not significantly damage paleontological resources.
4.5.8 SIGNIFICANCE OF IMPACTS AFTER MITIGATION
Threshold “f:” Less than Significant Impact with Mitigation Incorporated. Mitigation Measure MM
4.5-1 would ensure the proper identification and subsequent treatment of any paleontological resources that may be encountered during ground-disturbi ng activities associated with implementation of the proposed Project. Therefore, with implementation of Mitigation Measure MM 4. 5-1, the Project’s potential impact to paleontological resources would be reduced to less-than-significant.
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4.6 GREENHOUSE GAS EMISSIONS
The analysis in this Subsection is based on a technical report prepared by Urban Crossroads titled, Greenhouse Gas Analysis , dated January 12, 2023 , and included Technical Appendix G to this EIR (Urban Crossroads, 2023d). The technical report and analysis in this Subsection assess the proposed Project’s potential to generate greenhouse gas (GHG) emissions that could contribute to global climate change and its associated environmental effects.
4.6.1 EXISTING CONDITIONS
A. Introduction to Global Climate Change
Global Climate Change (GCC) is change in average meteorological conditions on the earth with respect to temperature, precipitation, and storms. The majority of scientists believe that the climate shift taking place since the Industrial Revolution is occurring at a quicker rate and magnitude than in the past.
Scientific evidence suggests that GCC is the result of increased concentrations of GHG in the earth’s atmosphere, including carbon dioxide (CO 2), methane (CH 4), nitrous oxide (N 2O), and fluorinated gases. The majority of scientists believe that this increased rate of climate change is the result of GHGs resulting from human activity and industrialization over the past 200 years.
An individual project like the Project cannot generate enough GHG emissions to affect a discernible change in global climate. However, the Project may participate in the potential for GCC by its incremental contribution of GHGs combined with the cumulative increase of all other sources of GHGs, which when taken together constitute potential influences on GCC. Because these changes may have serious environmental consequences, the Project’s Greenhouse Gas Analysis will evaluate the potential for the Project to have a cumulatively significant effect upon the environment as a result of its potential contribution to the greenhouse effect.
GCC refers to the change in average meteorological conditions on the earth with respect to temperature, wind patt erns, precipitation, and storms. Global temperatures are regulated by naturally occurring atmospheric gases such as water vapor, CO
2, N2O, CH4, hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). These particular gases are important due to their residence time (duration they stay) in the atmosphere, which ranges from 10 years to more than 100 years. These gases allow solar radiation into the earth’s atmosphere, but prevent radioactive heat from escaping, thus warming the earth’s atmosphere. GCC can occur naturally as it has in the past with the previous ice ages.
Gases that trap heat in the atmosphere are often referred to as GHGs. GHGs are released into the atmosphere by both natural and anthropogenic activity. The cumulative accumulation of these gases in the earth’s atmosphere is considered to be the cause for the observed increase in the earth’s temperature.
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B. Greenhouse Gases
GHGs trap heat in the atmosphere, creating a GHG effect that results in global warming and climate change. For the purposes of this analysis, emissions of CO 2, CH4, and N2O were evaluated because these gases are the primary contributors to GCC from development projects. Although there are other substances such as fluorinated gases that also contribute to GCC, these fluorinated gases were not evaluated as their sources are not well -defined and do not contain accepted emissions factors or methodology to accurately calculate these gases.
GHGs have varying Global Warming Potential (GWP) values. GWP of a GHG indicates the amount of warming a gas causes over a given period of time and represents the potential of a gas to trap heat in the atmosphere. CO
2 is utilized as the reference gas for GWP, and thus has a GWP of 1. The atmospheric lifetime and GWP of selected GHGs are summarized in Table 4.6 -1, GWP and Atmospheric Lifetime of Select GHGs. As shown in the table below, the Intergovernmental Panel on Climate Change (IPCC)’s scientific and socio-economic assessment on climate change, range from 1 for CO2 to 23,900 for Sulfur Hexafluoride (SF6) and the GWP for the IPCC’s 5th Assessment Report range from 1 for CO2 to 23,500 for SF6.
Table 4.6-1 GWP and Atmospheric Lifetime of Select GHGs Gas Atmospheric Lifetime
(years)
Global Warming Potential (100-year time horizon)
Second Assessment
Report 5th Assessment Report
CO2 See* 1 1
CH4 12.4 21 28
N2O 121 310 265
HFC-23** 222 11,700 12,400
HFC-134a 13.4 1,300 1,300
HFC-152a 1.5 140 138
SF6 3,200 23,900 23,500
*As per Appendix 8.A of IPCC’s 5th Assessment Report, no single lifetime can be given. ** HFC = Hydrofluorocarbon
Source: (Urban Crossroads, 2023d, Table 2-2)
Provided below is a description of the common gases that contribute to GCC. For more information about these gases and their associated human health effects, refer to Section 2.3 of Technical Appendix G to this EIR and the reference sources cited therein.
• Carbon Dioxide (CO 2) is an odorless and colorless GHG that is emitted from natural and artificial sources. Natural sources include: the decomposition of dead organic matter; respiration of bacteria, plants, animals, and fungus; evaporation from oceans; and volcanic outgassing. Anthropogenic sources include: the burning of coal, oil, natural gas, and wood.
Since the industrial revolution began in the mid-1700s, the sort of human activity that increases GHG emissions has increased dramatically. As an example, prior to the industrial revolution, CO2 concentrations were fairly stable at 280 parts per m illion (ppm). Today, they are around 534 Struck Avenue Project
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370 ppm, an increase of more than 30 percent. Exposure to CO 2 in high concentrations can cause human health effects, but outdoor levels are not high enough to adversely affect human health.
• Methane (CH 4) is an extr emely effective absorber of radiation, though its atmospheric concentration is less than CO 2 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 t he 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 (N
2O) 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 processe s 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. N 2O can be transported into the stratosphere, be depos ited 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 CH 4 or ethane (C 2H6) with chlorine and/or fluorine atoms. CFCs are nontoxic, nonflammable, insoluble and chemically unreactive in the tropos phere (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 (CHF
3), 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 534 Struck Avenue Project
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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 (CF 4) 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 (NF 3) 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 la test available data, the sum of these emissions totaled approximately 28,768,440 gigagram (Gg) CO2e, as shown in Table 4.6-2, Top GHG- Producing 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. 534 Struck Avenue Project
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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 CO
2e per year (MMTCO 2e/yr) or 418,200 Gg CO 2e (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, wh ich 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 caus ed 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 s eason 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 a reas 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 CO 2 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 m akes 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 s hift 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 alrea dy established. Should range contractions occur, new or different weed species could fill the emerging 534 Struck Avenue Project
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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 ris k 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 nat ural 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 534 Struck Avenue Project
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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 devel oping 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 i t 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 countrie s 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 Novembe r 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 N ew 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, whi le 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 o f 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 t he 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 CO 2, are air pollutants
subject to regulation under Section 202(a)(1) of the Clean Air Act (CAA). The Court held that the 534 Struck Avenue Project
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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 m otor 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 require ments. 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 S- 3-05, 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 it s 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 ch ange 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 MMTCO 2e. 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 t he 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 flexibilit y 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 B - 55-18 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 require d that GHGs emitted in California be reduced to 1990 levels by the year 2020 (this goal has been met 1). GHGs as defined under AB 32
include CO2, CH4, N2O, HFCs, PFCs, and SF 6. 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 MMTCO 2e 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 (CH 4, black carbon, and
fluorinated gases); and an increased focus on integrated land use pl anning to support livable, transit - connected 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 i n 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 CH
4 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.
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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 CO
2e (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 MTCO 2e per year (MTCO 2e/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 MTCO
2e/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, 534 Struck Avenue Project
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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 t he 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 534 Struck Avenue Project
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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 Govern or 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 regiona l 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 Cap- and-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 534 Struck Avenue Project
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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 MT CO2e/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 dis tributes 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 MTCO 2e 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 Cap- and-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., 534 Struck Avenue Project
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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 cap- and-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 st rategies 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 Cali fornia. 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 regulat ions 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 534 Struck Avenue Project
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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 re frigeration and air- conditioning 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 mit igation 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 534 Struck Avenue Project
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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.
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4.6.3 METHODOLOGY
A. Quantification of Emissions
In May 2022 the California Air Pollution Control Officers Association (CAP COA) om conjunction with other California air districts, including South Coast AQMD, released the latest ve rsion 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, are a 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 S outh 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 wit h 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 3-2 534 Struck Avenue Project
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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 us ed 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 CO 2 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 calculat ed 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 organizati ons/Regional Transportation Planning Agencies (MPO/RTPA). Trip type percentages and trip lengths provided by MPO/RTPAs truncate data at their demonstrative borders. This analysis assumes that passenger cars include Light -Duty-Auto vehicles (LDA), Light -Duty-Trucks (LDT1
2 & LDT2 3), 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. 534 Struck Avenue Project
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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 propose d 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 rate s 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 (LHDT1 4 &
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 i ndustry 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. 534 Struck Avenue Project
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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 G WP 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 evaluat ing 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 MTCO 2e/yr for industrial stationary
source emissions is typically selected as the significance criterion. However, the City has determined that the S outh Coast AQMD’s draft threshold of 3,000 MTCO 2e/yr is more conservative and appropriate for industrial and warehouse land use development projects. The 3,000 MTCO 2e/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 S outh 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 S outh 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 N 2O. As shown in Table 4.6-4, Project GHG Emissions, t he 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 MTCO 2e 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 CO 2, CH4, and N 2O. These GHGs are then converted into the CO2e by multiplying the individual GHG by the GWP. 534 Struck Avenue Project
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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 Scopi ng 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. Load-
serving 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 sta ndards 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-NO
X
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 NO
X 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 con flict. 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 (GO-
Biz),
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 com petitiveness 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 near-
zero 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
534 Struck Avenue Project
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Action Responsible Parties Conflict?
efforts to ad opt 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 i n 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 ba se 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 emiss ions would not exceed the 3,000 MT CO2e per year threshold. Therefore, impacts are less than significant.
534 Struck Avenue Project
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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.
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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 Ass essment, 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 H 1, 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 fume s 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 o f 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, 534 Struck Avenue Project
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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 H 1 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 534 Struck Avenue Project
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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 investigat ion commenced on May 26, 2020 and was completed on May 27, 2020 (GeoTek, 2020c). GeoTek advanced 16 exploratory borings (Borings B- 1 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 individual s 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 requirement s 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 m andates 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.)
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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 lea d-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. 534 Struck Avenue Project
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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 clearanc es. 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.)
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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 haza rdous 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 inc ludes 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;
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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 flui d, 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 accidenta l 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 constru ction‐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 appl icable 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, t he 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 “cleane d” 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 t wo 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 w ould 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 off- site, 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 534 Struck Avenue Project
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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 Ad ministration (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 contaminate d/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.
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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 Lead- Based 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 employer- provided 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 AC Ms 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 residenti al 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 c reate a significant hazard to the public or t he 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 mate rials disclosure 534 Struck Avenue Project
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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 e mit hazardous emissions or handle haza rdous 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 b e 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. 534 Struck Avenue Project
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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 ar terials 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.
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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.
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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 t hat 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 s erve 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 a n adopted emergency response plan or an emergency evacuation plan.
534 Struck Avenue Project
Environmental Impact Report 4.7 Hazards and Hazardous Materials Lead Agency: City of Orange SCH No. 2021090399
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.
534 Struck Avenue Project
Environmental Impact Report 4.8 Hydrology and Water Quality Lead Agency: City of Orange SCH No. 2021090399
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 unde r 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 loc ations 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 s ite, flows drain to a ribbon gutter located on the we stern side of the Project site. The ribbon gutter conveys flows off-site to Struck Avenue without migration or treatment.
The eastern portion of the s ite, 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.
534 Struck Avenue Project
Environmental Impact Report 4.8 Hydrology and Water Quality Lead Agency: City of Orange SCH No. 2021090399
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 groundwate r 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 534 Struck Avenue Project
Environmental Impact Report 4.8 Hydrology and Water Quality Lead Agency: City of Orange SCH No. 2021090399
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 non - point 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)
534 Struck Avenue Project
Environmental Impact Report 4.8 Hydrology and Water Quality Lead Agency: City of Orange SCH No. 2021090399
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 wa ste 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, a doption, 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 534 Struck Avenue Project
Environmental Impact Report 4.8 Hydrology and Water Quality Lead Agency: City of Orange SCH No. 2021090399
criteria, along with the beneficial use designati ons 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.
534 Struck Avenue Project
Environmental Impact Report 4.8 Hydrology and Water Quality Lead Agency: City of Orange SCH No. 2021090399
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, 534 Struck Avenue Project
Environmental Impact Report 4.8 Hydrology and Water Quality Lead Agency: City of Orange SCH No. 2021090399