Draft Environmental Impact Report
SCH No. 2021090399
534 Struck Avenue
City of Orange, California
Lead Agency
City of Orange
300 East Chapman Avenue
Orange, CA 92866
CEQA Consultant
T&B Planning, Inc.
3200 El Camino Real, Suite 100
Irvine, CA 92602
Project Applicant
Prologis
17777 Center Court Drive North, Suite 100
Cerritos, CA 90703
Lead Agency Discretionary Permits
Conditional Use Permit No. 3137-21
Major Site Plan Review No. 1039-21
Design Review No. 5028-21
Environmental Review No. 1870-20
March 2023
534 Struck Avenue
Environmental Impact Report Table of Contents
Lead Agency: City of Orange SCH No. 2021090399
Page i
TABLE OF CONTENTS
Section Name and Number Page
S.0 Executive Summary ......................................................................................................... S-1 S.1 Introduction ............................................................................................................... S-1 S.2 Project Overview ...................................................................................................... S-2 S.2.1 Location and Setting ...................................................................................... S-2 S.2.2 Project Summary ........................................................................................... S-3 S.2.3 Project Objectives ......................................................................................... S-3 S.3 EIR Process ............................................................................................................... S-3 S.4 Areas of Controversy and Issues to be Resolved ...................................................... S-4 S.5 Alternatives to the Proposed Project ......................................................................... S-5 S.5.1 No Project/No Development Alternative ....................................................... S-5 S.5.2 No Project/Existing Zoning Alternative ........................................................ S-5 S.5.3 Reuse Alternative ........................................................................................... S-6 S.6 Summary of Impacts, Mitigation Measures, and Conclusions ................................. S-6
1.0 Introduction ................................................................................................................... 1-1
1.1 Purposes of CEQA and Legal Authority for this Draft EIR ...................................... 1-1
1.2 Summary of the Project Evaluated by this EIR ......................................................... 1-2
1.3 CEQA Process Overview ........................................................................................... 1-2
1.4 Project Background .................................................................................................... 1-4
1.4.1 Comments received during the MND Public Review Period ........................ 1-4
1.5 Draft EIR Scope, Format, and Content ...................................................................... 1-7
1.5.1 Draft EIR Scope ............................................................................................. 1-7
1.5.2 Use of this EIR ............................................................................................. 1-11
1.5.3 Content and Organization of this Draft EIR ............................................... 1-12
1.5.4 Incorporation by Reference ......................................................................... 1-14
1.6 Responsible and Trustee Agencies .......................................................................... 1-15
1.7 Areas of Controversy ............................................................................................... 1-16
2.0 Environmental Setting .................................................................................................... 2-1
2.1 Regional Setting and Location ................................................................................... 2-1
2.2 Local Setting and Location ........................................................................................ 2-1
2.3 Surrounding Land Uses .............................................................................................. 2-1
2.4 Planning Context ........................................................................................................ 2-6
2.4.1 City of Orange General Plan ........................................................................ 2-6
2.4.2 Zoning ............................................................................................................ 2-6
2.5 Existing Physical Site Conditions .............................................................................. 2-6
2.5.1 Natural Resources and Topographic Features ............................................. 2-6
2.5.2 Air Quality and Climate ................................................................................ 2-9 534 Struck Avenue
Environmental Impact Report Table of Contents
Lead Agency: City of Orange SCH No. 2021090399
Page ii
2.5.3 Cultural Resources & Tribal Cultural Resources ......................................... 2-9
2.5.4 Geology ......................................................................................................... 2-9
2.5.5 Hydrology .................................................................................................... 2-10
2.5.6 Noise ............................................................................................................ 2-10
2.5.7 Transportation ............................................................................................. 2-10
2.5.8 Utilities and Service Systems ....................................................................... 2-11
3.0 Project Description ......................................................................................................... 3-1
3.1 Regional Setting ......................................................................................................... 3-1
3.2 Project Location and Setting ...................................................................................... 3-1
3.3 Statement of Objectives ............................................................................................. 3-1
3.4 Proposed Project ........................................................................................................ 3-2
3.4.1 Building Characteristics and Operations ...................................................... 3-5
3.4.2 Traffic, Circulation and Parking ................................................................... 3-7
3.5 Project Construction Details ...................................................................................... 3-8
3.6 Summary of Requested Actions ............................................................................... 3-12
4.0 Environmental Analysis ................................................................................................... 4-1
4.0.1 Summary of EIR Scope .................................................................................. 4-1
4.0.2 Analysis Format............................................................................................. 4-1
4.0.3 Scope of Cumulative Effects Analysis ............................................................ 4-2
4.0.4 Related Projects............................................................................................. 4-5
4.1 Air Quality .............................................................................................................. 4.1-1
4.1.1 Existing Conditions .................................................................................... 4.1-1
4.1.2 Regulatory Framework ............................................................................... 4.1-9
4.1.3 Methodology ............................................................................................. 4.1-13
4.1.4 Basis for Determining Significance .......................................................... 4.1-23
4.1.5 Impact Analysis ........................................................................................ 4.1-24
4.1.6 Cumulative Impact Analysis ..................................................................... 4.1-33
4.1.7 Significance of Impacts Before Mitigation ............................................... 4.1-34
4.1.8 Mitigation ................................................................................................. 4.1-34
4.2 Biological Resources .............................................................................................. 4.2-1
4.2.1 Existing Conditions .................................................................................... 4.2-1
4.2.2 Regulatory Framework ............................................................................... 4.2-2
4.2.3 Basis for Determining Significance ............................................................ 4.2-5
4.2.4 Impact Analysis .......................................................................................... 4.2-6
4.2.5 Cumulative Impact Analysis ....................................................................... 4.2-8
4.2.6 Significance of Impacts Before Mitigation ................................................. 4.2-9
4.2.7 Mitigation ................................................................................................... 4.2-9
4.2.8 Significance of Impacts After Mitigation .................................................. 4.2-10
4.3 Cultural Resources .................................................................................................. 4.3-1
4.3.1 Existing Conditions .................................................................................... 4.3-1
4.3.2 Regulatory Framework ............................................................................... 4.3-3 534 Struck Avenue
Environmental Impact Report Table of Contents
Lead Agency: City of Orange SCH No. 2021090399
Page iii
4.3.3 Basis for Determining Significance .......................................................... 4.3-11
4.3.4 Impact Analysis ........................................................................................ 4.3-11
4.3.5 Cumulative Impact Analysis ..................................................................... 4.3-12
4.3.6 Significance of Impacts Before Mitigation ............................................... 4.3-13
4.3.7 Mitigation ................................................................................................. 4.3-13
4.3.8 Significance of Impacts After Mitigation .................................................. 4.3-14
4.4 Energy ..................................................................................................................... 4.4-1
4.4.1 Existing Conditions .................................................................................... 4.4-1
4.4.2 Regulatory Framework ............................................................................... 4.4-2
4.4.3 Methodology ............................................................................................... 4.4-4
4.4.4 Basis for Determining Significance ............................................................ 4.4-5
4.4.5 Impact Analysis .......................................................................................... 4.4-5
4.4.6 Cumulative Impact Analysis ..................................................................... 4.4-12
4.4.7 Significance of Impacts Before Mitigation ............................................... 4.4-12
4.4.8 Mitigation ................................................................................................. 4.4-13
4.5 Geology and Soils ................................................................................................... 4.5-1
4.5.1 Existing Conditions .................................................................................... 4.5-1
4.5.2 Regulatory Framework ............................................................................... 4.5-3
4.5.3 Basis for Determining Significance ............................................................ 4.5-6
4.5.4 Impact Analysis .......................................................................................... 4.5-7
4.5.5 Cumulative Impact Analysis ..................................................................... 4.5-11
4.5.6 Significance of Impacts Before Mitigation ............................................... 4.5-12
4.5.7 Mitigation ................................................................................................. 4.5-13
4.5.8 Significance of Impacts After Mitigation .................................................. 4.5-13
4.6 Greenhouse Gas Emissions ..................................................................................... 4.6-1
4.6.1 Existing Conditions .................................................................................... 4.6-1
4.6.2 Regulatory Framework ............................................................................... 4.6-8
4.6.3 Methodology ............................................................................................. 4.6-22
4.6.4 Basis for Determining Significance .......................................................... 4.6-25
4.6.5 Impact Analysis ........................................................................................ 4.6-26
4.6.6 Cumulative Impact Analysis ..................................................................... 4.6-32
4.6.7 Significance of Impacts Before Mitigation ............................................... 4.6-32
4.6.8 Mitigation ................................................................................................. 4.6-33
4.7 Hazards and Hazardous Materials ........................................................................... 4.7-1
4.7.1 Existing Conditions .................................................................................... 4.7-1
4.7.2 Regulatory Framework ............................................................................... 4.7-3
4.7.3 Basis for Determining Significance ............................................................ 4.7-7
4.7.4 Impact Analysis .......................................................................................... 4.7-8
4.7.5 Cumulative Impact Analysis ..................................................................... 4.7-15
4.7.6 Significance of Impacts Before Mitigation ............................................... 4.7-16
4.7.7 Mitigation ................................................................................................. 4.7-17
4.7.8 Significance of Impacts After Mitigation .................................................. 4.7-17 534 Struck Avenue
Environmental Impact Report Table of Contents
Lead Agency: City of Orange SCH No. 2021090399
Page iv
4.8 Hydrology and Water Quality ................................................................................. 4.8-1
4.8.1 Existing Conditions .................................................................................... 4.8-1
4.8.2 Regulatory Framework ............................................................................... 4.8-3
4.8.3 Basis for Determining Significance ............................................................ 4.8-7
4.8.4 Impact Analysis .......................................................................................... 4.8-7
4.8.5 Cumulative Impact Analysis ..................................................................... 4.8-15
4.8.6 Significance of Impacts Before Mitigation ............................................... 4.8-17
4.8.7 Mitigation ................................................................................................. 4.8-17
4.9 Noise ....................................................................................................................... 4.9-1
4.9.1 Noise Fundamentals ................................................................................... 4.9-1
4.9.2 Existing Noise Conditions .......................................................................... 4.9-3
4.9.3 Regulatory Framework ............................................................................... 4.9-5
4.9.4 Basis for Determining Significance ............................................................ 4.9-9
4.9.5 Impact Analysis ........................................................................................ 4.9-10
4.9.6 Cumulative Impact Analysis ..................................................................... 4.9-20
4.9.7 Significance of Impacts Before Mitigation ............................................... 4.9-22
4.9.8 Mitigation ................................................................................................. 4.9-23
4.10 Transportation ....................................................................................................... 4.10-1
4.10.1 Environmental Setting .............................................................................. 4.10-1
4.10.2 Regulatory Framework ............................................................................. 4.10-5
4.10.3 Methodology ............................................................................................. 4.10-6
4.10.4 Basis for Determining Significance .......................................................... 4.10-7
4.10.5 Impact Analysis ........................................................................................ 4.10-7
4.10.6 Cumulative Impact Analysis ................................................................... 4.10-15
4.10.7 Significance of Impacts Before Mitigation ............................................. 4.10-15
4.10.8 Mitigation ............................................................................................... 4.10-15
4.11 Tribal Cultural Resources ..................................................................................... 4.11-1
4.11.1 Existing Conditions .................................................................................. 4.11-1
4.11.2 Regulatory Framework ............................................................................. 4.11-1
4.11.3 Basis for Determining Significance .......................................................... 4.11-3
4.11.4 Impact Analysis ........................................................................................ 4.11-4
4.11.5 Cumulative Impact Analysis ..................................................................... 4.11-4
4.11.6 Significance of Impacts Before Mitigation ............................................... 4.11-5
4.11.7 Mitigation ................................................................................................. 4.11-5
4.11.8 Significance of Impacts After Mitigation .................................................. 4.11-6
5.0 Other CEQA Considerations ............................................................................................ 5-1
5.1 Significant Environmental Effects that Cannot be Avoided if the Project is Implemented ........................................................................................................... 5-1
5.2 Significant Irreversible Environmental Changes Which Would be Caused by the Project Should it be Implemented ........................................................................ 5-1
5.3 Growth-Inducing Impacts of the Project .................................................................... 5-2 534 Struck Avenue
Environmental Impact Report Table of Contents
Lead Agency: City of Orange SCH No. 2021090399
Page v
5.4 Effects Found not to be Significant During the EIR Preparation Process ................. 5-4
5.4.1 Aesthetics ....................................................................................................... 5-4
5.4.2 Agriculture and Forestry Resources ............................................................. 5-9
5.4.3 Land Use and Planning ............................................................................... 5-10
5.4.4 Mineral Resources ....................................................................................... 5-11
5.4.5 Population and Housing .............................................................................. 5-11
5.4.6 Public Services ............................................................................................ 5-12
5.4.7 Recreation ................................................................................................... 5-14
5.4.8 Utilities and Service Systems ....................................................................... 5-15
5.4.9 Wildfire ........................................................................................................ 5-20
6.0 Alternatives to the Project .............................................................................................. 6-1
6.1 Introduction ................................................................................................................ 6-1
6.2 Project Objectives ...................................................................................................... 6-2
6.3 Summary of Significant and Unavoidable Impacts ................................................... 6-2
6.4 Alternatives Considered But Not Carried Forward for Detailed Analysis ................ 6-3
6.4.1 Alternative Site .............................................................................................. 6-3
6.4.2 Alternative Development Project On-Site ..................................................... 6-4
6.4.3 Alternative Land Use ..................................................................................... 6-4
6.5 Alternatives Analysis ................................................................................................. 6-5
6.5.1 No Project/No Development Alternative ....................................................... 6-6
6.5.2 No Project/Existing Zoning Alternative ........................................................ 6-6
6.5.3 Reuse Alternative ........................................................................................... 6-7
6.6 Environmentally Superior Alternative ..................................................................... 6-10
7.0 References ................................................................................................................... 7-1
7.1 Persons Contributing to EIR Preparation ................................................................... 7-1
7.1.1 City of Orange ............................................................................................... 7-1
7.1.2 T&B Planning, Inc......................................................................................... 7-1
7.2 Documents Appended to this EIR .............................................................................. 7-1
7.3 Documents Incorporated by Reference ...................................................................... 7-3
7.4 Documents and Websites Consulted .......................................................................... 7-4
7.5 Persons Consulted/Written or Verbal Communication ............................................ 7-10
7.5.1 Public Service Correspondence .................................................................. 7-10
7.5.2 Tribal Consultation ..................................................................................... 7-10
534 Struck Avenue
Environmental Impact Report Table of Contents
Lead Agency: City of Orange SCH No. 2021090399
Page vi
LIST OF FIGURES
Figure Number and Name Page
Figure 2-1 Regional Location Map .............................................................................................. 2-2 Figure 2-2 Local Vicinity Map .................................................................................................... 2-3 Figure 2-3 USGS Topographic Map ............................................................................................ 2-4 Figure 2-4 Surrounding Land Uses .............................................................................................. 2-5 Figure 2-5 Existing General Plan Land Use Designations .......................................................... 2-7 Figure 2-6 Existing Zoning Designations .................................................................................... 2-8 Figure 3-1 Existing Site Plan ....................................................................................................... 3-3 Figure 3-2 Truck Terminal Site Plan ........................................................................................... 3-4 Figure 3-3 Architectural Elevation .............................................................................................. 3-6 Figure 3-4 Conceptual Landscape Plan ....................................................................................... 3-9 Figure 3-5 Proposed Grading Plan ............................................................................................ 3-10 Figure 4.0-1 Cumulative Development Location Map ................................................................... 4-6 Figure 4.1-1 Sensitive Receptor Locations ................................................................................ 4.1-19 Figure 4.1-2 Modeled On-Site Emission Source ....................................................................... 4.1-21 Figure 4.1-3 Modeled Off-Site Emission Sources ..................................................................... 4.1-22 Figure 4.8-1 Existing Conditions Hydrology Map ...................................................................... 4.8-2 Figure 4.9-1 Noise Measurement Locations ................................................................................ 4.9-4 Figure 4.9-2 Receiver Locations ................................................................................................ 4.9-11 Figure 4.9-3 Operational Noise Source Locations..................................................................... 4.9-13 Figure 4.10-1 City of Orange General Plan Bike Network ......................................................... 4.10-2 Figure 4.10-2 Existing Pedestrian Facilities ................................................................................ 4.10-3 Figure 4.10-3 Existing Transit Routes ......................................................................................... 4.10-4 Figure 4.10-4 Truck Routes ....................................................................................................... 4.10-10 Figure 4.10-5 Project Driveway Truck Access .......................................................................... 4.10-14
534 Struck Avenue
Environmental Impact Report Table of Contents
Lead Agency: City of Orange SCH No. 2021090399
Page vii
LIST OF TABLES
Table Number and Name Page
Table S-1 Mitigation Monitoring and Reporting Program ........................................................ S-7 Table 1-1 Summary of MND Comments ................................................................................... 1-4 Table 1-2 Summary of NOP and Scoping Meeting Comments ................................................. 1-8 Table 1-3 Location of CEQA Required Topics ........................................................................ 1-14 Table 3-1 Construction Activity Phases and Durations ........................................................... 3-11 Table 3-2 Construction Equipment Requirements ................................................................... 3-12 Table 4.0-1 Cumulative Development Land Use Summary ......................................................... 4-5 Table 4.1-1 Ambient Air Quality Standards .............................................................................. 4.1-6 Table 4.1-2 Attainment Status of Criteria Pollutants in the South Coast Air Basin .................. 4.1-8 Table 4.1-3 Project Area Air Quality Monitoring Summary 2018-2020 ................................... 4.1-9 Table 4.1-4 Maximum Daily Regional Emissions Thresholds ................................................ 4.1-23 Table 4.1-5 Overall Construction Emissions Summary ........................................................... 4.1-26 Table 4.1-6 Summary of Peak Operational Emissions ............................................................. 4.1-26 Table 4.1-7 Localized Construction-Source Emissions ........................................................... 4.1-27 Table 4.1-8 Localized Significance Summary of Operations .................................................. 4.1-29 Table 4.4-1 Construction Electricity Usage ............................................................................... 4.4-6 Table 4.4-2 Project Generated Traffic Annual Fuel Consumption (All Vehicles) ..................... 4.4-8 Table 4.4-3 On-site Cargo Handling Equipment Fuel Consumption Estimates ........................ 4.4-9 Table 4.4-4 Project Annual Operational Energy Demand Summary ......................................... 4.4-9 Table 4.6-1 GWP and Atmospheric Lifetime of Select GHGs .................................................. 4.6-2 Table 4.6-2 Top GHG-Producing Countries and the European Union ...................................... 4.6-5 Table 4.6-3 Amortized Annual Construction Emissions .......................................................... 4.6-26 Table 4.6-4 Project GHG Emissions ........................................................................................ 4.6-26 Table 4.6-5 2017 Scoping Plan Consistency Summary ........................................................... 4.6-27 Table 4.8-1 Project Peak Flows ................................................................................................ 4.8-13 Table 4.9-1 Indoor Ground-Borne Vibration (GBV) and Ground-Borne Noise Impact Criteria for General Vibration Assessment ............................................................. 4.9-6 Table 4.9-2 Construction Noise Level Compliance ................................................................. 4.9-12 Table 4.9-3 Reference Noise Level Measurements .................................................................. 4.9-14 Table 4.9-4 Operational Noise Level Compliance ................................................................... 4.9-16 Table 4.9-5 Existing with Project Traffic Noise Level Increases ............................................ 4.9-17 Table 4.9-6 Opening Year Conditions with Project Traffic Noise Level Increases ................. 4.9-18 Table 4.9-7 Project Construction Vibration Levels .................................................................. 4.9-19 Table 4.9-8 Cumulative Traffic Noise Level Increases ............................................................ 4.9-21 Table 5-1 General Plan Consistency Analysis ........................................................................... 5-6 Table 5-2 Zoning Development Standards Consistency Analysis ............................................. 5-7
534 Struck Avenue
Environmental Impact Report Table of Contents
Lead Agency: City of Orange SCH No. 2021090399
Page viii
TECHNICAL APPENDICES (BOUND SEPARATELY)
Appendix A1 Written Comments on the Mitigated Negative Declaration Appendix A2 Notice of Preparation (NOP) and Written Comments on the NOP Appendix B1 Air Quality Impact Assessment
Appendix B2 Health Risk Assessment
Appendix C Biological Technical Report
Appendix D Cultural and Paleontological Resources Letter Report Appendix E Energy Analysis
Appendix F Geotechnical and Infiltration Evaluation
Appendix G Greenhouse Gas Analysis
Appendix H1 Phase I Environmental Site Assessment
Appendix H2 Limited Phase II Environmental Site Assessment Appendix H3 Soil Management Plan
Appendix I1 Priority Water Quality Management Plan
Appendix I2 Preliminary Drainage Study
Appendix J Noise and Vibration Analysis
Appendix K1 Traffic Analysis
Appendix K2 VMT Screening Evaluation
534 Struck Avenue
Environmental Impact Report Table of Contents
Lead Agency: City of Orange SCH No. 2021090399
Page ix
ACRONYMS AND ABBREVIATIONS
Acronym Definition
§ Section
AB Assembly Bill
AB 52 Native Americans: California Environmental Quality Act AB 1493 Pavley Fuel Efficiency Standards
AB 2595 California Clean Air Act
ACHP Advisory Council on Historic Preservation
AIRFA American Indian Religious Freedom Act
AFY Acre Feet per Year
A-P Act Alquist-Priolo Earthquake Fault Zoning Act
APN Assessor Parcel Number
AQMP Air Quality Management Plan
ASTM American Society of Testing and Materials
ASTs Above ground storage tanks
BAAQMD Bay Area Air Quality Management District
BACM Best Available Control Measure
BACT Best Available Control Technology
BMPs Best Management Practices
CAA Federal Clean Air Act
CAAQS California Ambient Air Quality Standards
CalEEMod™ California Emissions Estimator Model
CalEPA California Environmental Protection Agency
CalFire California Department of Forestry and Fire Protection CALGAPS California LBNL GHG Analysis of Policies Spreadsheet CALGreen Code California Green Building Standards Code
CalRecycle California Department of Resources and Recycling Caltrans California Department of Transportation
CAPCOA California Air Pollution Control Officers Association CARB California Air Resources Board
CBC California Building Code
CBSC California Building Standards Code
CCR California Code of Regulations
534 Struck Avenue
Environmental Impact Report Table of Contents
Lead Agency: City of Orange SCH No. 2021090399
Page x
CD consistency determination
CDFA California Department of Food and Agriculture
CDFW California Department of Fish and Wildlife
CEC California Energy Commission
CEQA California Environmental Quality Act
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CESA California Endangered Species Act
CFGC California Fish and Game Code
CFR Code of Federal Regulations
CFS Cubic Feet per Second
CH4 Methane
City City of Orange
CIWQS California Integrated Water Quality System
CNEL Community Noise Equivalent Level
CNRA California Natural Resources Agency
CO Carbon Monoxide
CO2 Carbon Dioxide
CO2e Carbon Dioxide Equivalent
COP Conference of the Parties
CPUC California Public Utilities Commission
CRHR California Register of Historical Resources
CTR California Toxics Rule
CUP Conditional Use Permit
CWA Clean Water Act
DAMP Drainage Area Management Plan
dB Decibel
dBA A-weighted Decibels
DMV Department of Motor Vehicles
DOC Department of Conservation
DOE Determination of Eligibility
DOSH Division of Occupational Safety and Health
DPM Diesel Particulate Matter
DTSC Department of Toxic Substances Control
DWR Department of Water Resources
ECHO Enforcement and Compliance History Information
EDD Employment Development Department
EDR EDR Sanborn
534 Struck Avenue
Environmental Impact Report Table of Contents
Lead Agency: City of Orange SCH No. 2021090399
Page xi
EIR Environmental Impact Report
EMFAC Emission Factor Model
EO Executive Order
EPA Environmental Protection Agency
ESA Environmental Site Assessment
EV Electric Vehicle
FEIR Final Environmental Impact Report
FEMA Federal Emergency Management Agency
FESA Federal Endangered Species Act
FIRM Flood Insurance Rate Map
FHWA Federal Highway Administration
FINDS Facility Index System/Facility Registry System
FTA Federal Transit Association
FYI For Your Information
g grams
GBV ground-borne vibration
GBN ground-based noise
GCC Global Climate Change
GHG Greenhouse Gas
GSA Groundwater Sustainability Agencies
GSP Groundwater Sustainability Plan
GWP Global Warming Potential
HCP Habitat Conservation Plan
HFCs Hydrofluorocarbons
HHDT Heavy Heavy Duty Trucks
HMTA Hazardous Materials Transportation Act
HMTUSA Hazardous Materials Transportation Uniform Safety Act HSC Health and Safety Code
HSWA Hazardous and Solid Waste Amendments
HWCL Hazardous Waste Control Law
HWTS Hazardous Waste Transporter Database
I Interstate
IPCC Intergovernmental Panel on Climate Change
IRLR Irvine Ranch Land Reserve
IRWD Irvine Ranch Water District
534 Struck Avenue
Environmental Impact Report Table of Contents
Lead Agency: City of Orange SCH No. 2021090399
Page xii
ISO Independent System Operator
ISTEA Intermodal Surface Transportration Efficiency Act
kg kilogram
kBTU kilo-British thermal units
kWh kilowatt-hour
LACNHM Natural History Museum of Los Angeles County
LBNL Lawrence Berkeley National Laboratory
lbs pounds
LDA Light duty autos
LDT Light-duty trucks
Leq equivalent continuous sound level
LHDT light-heavy duty trucks
LI Light Industrial
LIP Local Implementation Plan
LOS Level of Service
LSTs Localized Significance Thresholds
LTL Less than truckload
M-2 Industrial Manufacturing
MBTA Migratory Bird Treaty Act
MCY Motorcycles
MDV Medium Duty Vehicles
MEIR maximally exposed individual receptor
MGD million gallons per day
MHDT medium-heavy duty truck
MM Mitigation Measure
MMRP Mitigation Monitoring and Reporting Program
MMTs million metric tons
MMTCO2e million metric tons of carbon dioxide equivalent MND Mitigated Negative Declaration
MPO Metropolitan Planning Organization
MT metric ton
MTCO2e Metric Tons of Carbon Dioxide Equivalent
MWD Metropolitan Water District
MWS Modular wetland system
NAHC Native American Heritage Commission
534 Struck Avenue
Environmental Impact Report Table of Contents
Lead Agency: City of Orange SCH No. 2021090399
Page xiii
NAAQS National Ambient Air Quality Standards
NAGPRA Native American Graves Protection and Repatriation Act NCCP Natural Community Conservation Planning
NDC nationally determined contributions
NHL National Historic Landmarks
NHPA National Historic Preservation Act
NMFS National Marine Fisheries Service
NOX Nitrogen Oxides
N2O Nitrous Oxide
NOP Notice of Preparation
NPDES National Pollutant Discharge Elimination System
NPS National Park Service
NRHP National Register of Historic Places
NTR National Toxic Rules
NVIA Noise and Vibration Impact Assessment Manual
O2 Oxygen
O3 Ozone
OAL Office of Administrative Law
OCFA Orange County Fire Authority
OCFD Orange City Fire Department
OCIWMD Orange County Integrated Waste Management Department OCSD Orange County Sanitation District
OCTA Orange County Transportation Authority
OCTAM Orange County Transportation Analysis Model
ODC Ozone Depleting Compounds
OEHHA Office of Environmental Health Hazard Assessment
OMC Orange Municipal Code
OPR Office of Planning and Research
OSHA Occupational Safety and Health Assessment
Pb Lead
PFCs Perfluorocarbons
PG & E Pacific Gas and Electric
PM2.5 Fine Particulate Matter (2.5 microns or smaller)
PM10 Fine Particulate Matter (10 microns or smaller)
PPV peak particle velocity
PRPA Paleontological Resources Preservation Act
534 Struck Avenue
Environmental Impact Report Table of Contents
Lead Agency: City of Orange SCH No. 2021090399
Page xiv
Qof Old alluvial fan deposits
REL Reference Exposure Level
ROGs Reactive Organic Gasses
RTP Regional Transportation Plan
RTPA Regional Transportation Planning Agency
RTP/SCS Regional Transportation Plan/Sustainable Communities Strategy RWQCB Regional Water Quality Control Board
SF/s.f. square foot or square feet
SB Senate Bill
SB 375 California Senate Bill 375, Sustainable Communities and Climate Protection Act of 2008
SB 1389 Integrated Energy Policy Report
SCAB South Coast Air Basin
SCAG Sothern California Association of Governments
SCAQMD Southern Coast Air Quality Management District
SCCIC South Central Coastal Information Center
SCE Southern California Edison
SCH California State Clearinghouse (Office of Planning and Research) SCRRA Southern California Regional Rail Authority
SCS Sustainable Communities Strategy
SDG&E San Diego Gas and Electric
SDNHM San Diego Natural History Museum
SF square foot
SF6 Sulfur Hexafluoride
SGMA Sustainable groundwater management act
SHA Safe harbor agreement
SHMA Seismic Hazards Mapping Act
SHPO State Historic Preservation Officers
SHRC State Historical Resources Commission
SIP State Implementation Plan
SNUR Significant New Use Rule
SO2 Sulfur Dioxide
SO4 Sulfates
SOC Statement of Overriding Considerations
SoCal Gas Southern California Gas Company
SR State Route
SRA Source Receptor Area
534 Struck Avenue
Environmental Impact Report Table of Contents
Lead Agency: City of Orange SCH No. 2021090399
Page xv
SRA State Responsibility Area
SWPPP Storm Water Pollution Prevention Plan
SWRCB State Water Regional Control Board
TAC Toxic Air Contaminants
TAZ Traffic Analysis Zone
TEA-21 Transportation Equality Act for 21st Century
TSCA Toxic Substance Control Act
UNFCCC United Nations’ Framework Convention on Climate Change U.S. United States
USEPA United States Environmental Protection Agency
USFWS United States Fish and Wildlife Service
UWMP Urban Water Management Plan
VHFHSZ Very High Fire Hazard Severity Zone
VMT Vehicle Miles Traveled
VOCs Volatile Organic Compounds
WDS Waste Discharge System
WMI Watershed Management Initiative
WQMP Water Quality Management Plan
ZORI Zones of Required Investigation
534 Struck Avenue
Environmental Impact Report S.0 Executive Summary
Lead Agency: City of Orange SCH No. 2021090399
Page S-1
S.0 EXECUTIVE SUMMARY
S.1 INTRODUCTION
The California Environmental Quality Act (CEQA) as codified in Public Resources Code Section 21000, et seq. requires that before a public agency makes a decision to approve a project that could have one or more adverse effects on the physical environment, the agency must inform itself about the project’s potential environmental impacts, give the public an opportunity to comment on the environmental issues, and take feasible measures to avoid or reduce potential harm to the physical environment.
A Mitigated Negative Declaration (MND) was originally prepared for the proposed 534 Struck Avenue Project. On September 23, 2021, the City circulated a Notice of Intent to Adopt Mitigated Negative Declaration No. 1870-20 for the Project. The MND was circulated for public review from September 23 to October 25, 2021. During the 30-day public review period, comments receive d requested additional technical analysis (e.g., air quality and noise modeling, traffic). Therefore, in order to address the environmental concerns raised, additional analyses were prepared and this EIR was prepared to provide comprehensive environmental review of the Project. The MND and written comments received by the City during the public review period are provided in Technical Appendix A1 to this EIR.
This Environmental Impact Report (EIR), California State Clearinghouse (SCH) No. 2021090399, was prepared in accordance with CEQA Guidelines Article 9, Sections 15120-15132 to evaluate the potential environmental impacts associated with planning, constructing, and operating the proposed 534 Struck Avenue project (hereinafter, the “Project” or “proposed Project”). This EIR does not recommend approval or denial of the proposed Project; rather, this EIR is a source of factual information regarding potential environmental impacts that may result from implementation of the Project. The Draft EIR will be avail able for public review for a minimum period of 45 days. After consideration of public comment, the City of Orange (City) will consider certifying the Final EIR and adopting required findings.
The City in its capacity as Lead Agency for the proposed Project has determined that the Project clearly has the potential to result in significant environmental effects and that an EIR shall be prepared that addresses the 11 environmental topic areas list below in detail.
1. Air Quality 7. Hazards and Hazardous Materials
2. Biological Resources 8. Hydrology and Water Quality
3. Cultural Resources 9. Noise
4. Energy 10. Transportation
5. Geology and Soils 11. Tribal Cultural Resources
6. Greenhouse Gas Emissions
534 Struck Avenue
Environmental Impact Report S.0 Executive Summary
Lead Agency: City of Orange SCH No. 2021090399
Page S-2
This EIR’s scope was determined through the independent judgement of the City of Orange pursuant to CEQA Guidelines Section 15063, and in consideration of comments received by the City in response to the circulated Mitigated Negative Declaration, this EIR’s Notice of Preparation (NOP) and the EIR Scoping Meeting. The NOP and written comments received by the City in response to the NOP, are attached to this EIR as Technical Appendix A2 . As determined by the City and in consideration of public comment on the circulated MND and NOP, the 11 environmental subject areas listed above have reasonable potential to be significantly affected by planning, constructing, and/or operating the proposed Project and the potential effects resulting from the Project are analyzed herein.
Refer to EIR Section 4.0, Environmental Analysis , for a full account and analysis of the topic areas listed above. Topic areas for which the EIR concluded that impacts would clearly not be significant and that do not warrant detailed analysis in this EIR are addressed in EIR Section 5.0, Other CEQA Considerations. For each of the aforementioned subject areas, this EIR describes: 1) the physical conditions that existed at the approximate time this EIR’s NOP was filed with the California State Clearinghouse (July 29, 2022); 2) discloses the type and magnitude of potential environmental impacts from Project planning, construction, and operation; and 3) if warranted, recommends feasible mitigation measures that would reduce or avoid significant advers e environmental impacts that the proposed Project may cause.
A summary of the Project’s significant environmental impacts and the mitigation measures imposed by the City of Orange to lessen or avoid those impacts is included in this Executive Summary as Table S-1, Mitigation Monitoring and Reporting Program . The City applies mitigation measures tha t it determines 1) are feasible and practical for the Project Applicant to implement, 2) are feasible and practical for the City to monitor and enforce, 3) are legal for the City to impose, 4) have an essential nexus to the Project’s impacts, and 4) would result in a benefit to the physical environment. CEQA does not require the Lead Agency to impose mitigation measures that are duplicative of mandatory regulatory requirements.
S.2 PROJECT OVERVIEW
S.2.1 LOCATION AND SETTING
The Project site is located at 534 Struck Avenue in the City of Orange, Orange County, California.
The City is in the north-central portion of Orange County. The approximate 9.94-acre Project site (Assessor Parcel Number [APN] 375 -331-04) is generally located north of Collins Avenue, east of Batavia Street, south of Struck Avenue, and west of the Orange County Transportation Authority/Southern California Regional Rail Authority (OCTA/SCRRA) Railroad. The Project site is developed with an approximate 40,000 square -foot (sf) concrete tilt-up building and parking lot and was occupied until the end of 2020 by Nursery Supplies, Inc. manufacturing facility. The site is accessed via three two-way driveways along Struck Avenue.
534 Struck Avenue
Environmental Impact Report S.0 Executive Summary
Lead Agency: City of Orange SCH No. 2021090399
Page S-3
S.2.2 PROJECT SUMMARY
For purposes of this EIR, the term “Project” refers to the ac tions required to implement the proposed 534 Struck Avenue project, including planning, construction, and ongoing operation. The Project entails a proposed Conditional Use Permit No. 3137-21, Major Site Plan Review No. 1039-21, and Design Review No. 5028-21. The Project Applicant is proposing to redevelop the site with a 57,900 sf truck terminal, that includes 52,900 sf of warehouse space and 5,000 sf of office space, and a 5,400-sf maintenance building. Refer to EIR Section 3.0, Project Description, for a detailed description of the Project.
S.2.3 PROJECT OBJECTIVES
The fundamental purpose and goal of the Project is to accomplish the orderly development of an appropriately zoned and designated truck terminal in the City of Orange while also contributing to increased employment opportunities within the area. The project objectives have been refined throughout the planning and design process for the proposed Project and are listed below:
• Create a professional, well -maintained and attractive en vironment for the development of a truck terminal consistent with the underlying zoning adjacent to nearby transportation routes, including State Route 57 (SR-57) and Interstate 5 (I-5).
• Provide the entitlements and framework for the development of a truck terminal with warehouse and office spaces that are responsive to local and regional trade demands.
• Provide development that will enhance the City’s economic well -being and employment opportunities for community residents.
• Develop the site with a use that has architectural design and operational characteristics that are compatible with other existing and planned developments in the local area.
• Provide a fully secured premise with active management to strengthen the security and safety for the local area.
• Redevelop the Project site with a new modern building that meet current California Building Code and California Green Building Code Stands with increased energy efficiency with existing available infrastructure.
S.3 EIR PROCESS
A MND was originally prepared for the proposed 534 Struck Avenue Project. On September 23, 2021, the City circulated a Notice of Intent to Adopt Mitigated Negative Declaration No. 1870 -20 for the Project. The MND was circulated for public review from September 23 to October 25, 2021. D uring the 30-day public review period, comments received requested additional technical analysis (e.g., air 534 Struck Avenue
Environmental Impact Report S.0 Executive Summary
Lead Agency: City of Orange SCH No. 2021090399
Page S-4
quality and noise modeling, traffic). Therefore, in order to address the environmental concerns raised, additional analyses were prepared and this EIR was prepared to provide comprehensive environmental review of the Project.
The City filed a NOP with the State Clearinghouse of the California Office of Planning and Research (State Clearinghouse) to indicate that an EIR would be prepared to evaluate the Project’s potential to impact the environment. The NOP was filed with the State Clearinghouse and distributed to potential Responsible Agencies, Trustee Agencies, and other interested parties on July 29, 2022, for a 30-day public review period. The Cit y received written comments on the scope of the EIR during those 30 days, which were considered by the City during the preparation of this EIR.
This EIR will be circulated for review and comment by the public and other interested parties, agencies, and organizations for a 45-day review period. During the 45 -day public review period, public notices announcing availability of the Draft EIR will be mailed to interested parties, and copies of the Draft EIR and its Technical Appendices will be available for review at the locations indicated in the public notices.
After the close of the 45- day Draft EIR public comment period, the City will prepare and publish responses to written comments it received on the environmental effects of the Project. The Final EIR will be considered for certification by the City of Orange decision-makers. Certification of the Final EIR would be accompanied by the adoption of written findings and a statement of overriding considerations for any significant unavoidable environmental impa cts identified in the Final EIR. In addition, pursuant to Public Resources Code Section 21081.6 and because the Project will include mitigation measures, the City must adopt a Mitigation, Monitoring, and Reporting Program (MMRP), which describes the process to ensure the Project’s construction and operational activities will comply with the mitigation measure in the Final EIR.
S.4 AREAS OF CONTROVERSY AND ISSUES TO BE RESOLVED
CEQA Guidelines Section 15123(b)(2) requires the Lead Agency (City of Orange) to ide ntify any known issues of controversy in the Executive Summary.
After consideration of all comments received in response to the NOP and during the Project’s scoping meetings, the Lead Agency has identified environmental issues of concern relating to truck trips and travel, air quality, and noise impacts. No other areas of controversy associated with the proposed Project are know n. Considering the foregoing, this EIR addresses all environmental issues that are known by the City and that were identified in the comment letters that the City received in response to the circulated MND and the NOP. Written comments received by the City in response to the circulated MND and the NOP are summarized in Section 1.0 of this EIR (refer to Table 1-1, Summary of MND Comments, and Table 1-2, Summary of NOP and Scoping Meeting Comments).
534 Struck Avenue
Environmental Impact Report S.0 Executive Summary
Lead Agency: City of Orange SCH No. 2021090399
Page S-5
S.5 ALTERNATIVES TO THE PROPOSED PROJECT
CEQA requires that an EIR describe a range of reasonable alternatives to the Project or to the location of the project, which would feasibly attain most of the basic objectives but would avoid or substantially lessen any of the significant effects of the project. As demonstrated in Section 4.0 of this EIR, implementation of the Project would not result in significant adverse environmental effects that cannot be mitigated to below a level of significance after the implementation of Project design features, mandatory regulatory requirements, and feasible mitigation measures; thus, there is no need for the City to consider adoption of alternative development scenarios to the Project. Notwithstanding, the EIR does address the following alternative:
S.5.1 NO PROJECT/NO DEVELOPMENT ALTERNATIVE
The No Project/No Development Alternative considers no development on the Project site beyond what occurs on the site under existing conditions (as described in EIR Section 3.0). As such, the Project site would remain with an existing vacated 40,000 square foot concrete tilt-up manufacturing building.
Under this alternative, no future operations or improvements would be made to the Project site and none of the Project’s parking, utility, and infrastructure improvements would occur. The No Project/No Development Alternative would leave the site vacant with the existing manufacturing building and associated parking, therefore, no environmental impacts would occur. This alternative would eliminate the Project’s construction-related impacts to biological resources, cultural resources, paleontological resources, and tribal cultural resources. However, this alternative would fail to meet all of the Project’s objectives.
S.5.2 NO PROJECT/EXISTING ZONING ALTERNATIVE
The No Project/Existing Zoning Alternative considers redevelopment of the Project site with a warehouse building that would be allowed under the existing M -2 zoning. Under this alternative, the site would be redeveloped with a 201,520 square foot warehouse building which represents continuation of development consistent with the existing community development type and zoning designations. Because this alternative would result in redevelopment of the Project site, it would result in the same construction- related impacts to biological resources, cultural resources, paleontological resources, hazardous materials, and tribal cultural resources as the Project. The No Project/Existing Zoning Alternative would not avoid or substantially lessen any of the Project’s significant impacts.
This alternative would not fully meet Project Objectives 1 (Create a professional, well-maintained and attractive environment for the development of a truck terminal consistent with the underlying zoning adjacent to nearby transportation infrastructure such as the SR-57 and I -5) and 2 (Provide the entitlements and framework for the development of a truck terminal with warehouse and office spaces that are responsive to local and regional trade demands) because the site would not be developed with a truck terminal use. The remaining Project Objectives 3–6 would be attained with this alternative.
534 Struck Avenue
Environmental Impact Report S.0 Executive Summary
Lead Agency: City of Orange SCH No. 2021090399
Page S-6
S.5.3 REUSE ALTERNATIVE
The Reuse Alternative assumes the Project does not proceed and the existing 40,000 square -foot concrete tilt-up manufacturing building and parking lot would remain and be reused by a future tenant.
Until the end of 2020, the Project site was occupied by Nursery Supplies, Inc., a manufacturer of plastic nursery planting pots. Under the Reuse Alternative, the existi ng building and associated facilities on- site would be retained and reoccupied for use with a similar manufacturing use that is consistent with that allowed by -right pursuant to the M -2 zone. Because no grading would occur under the Reuse Alternative, impa cts related to archaeological resources, biological resources, paleontological resources, hazardous materials, and tribal cultural resources would be eliminated. However, the Reuse Alternative would not result in remediation of the site in the event that unknown contaminated soils are present during grading. Additionally, this alternative would result in increased operational energy demand and GHG emissions compared to the Project, because it would not redevelop the Project site with a new modern building that meets current California Building Code and California Green Building Code standards with increased energy efficiency with existing available infrastructure. Moreover, the Reuse Alternative does not meet the overall intent of Project Objectives 1, 2, 3, 5, and 6; and only partially meets Project Objective 4.
S.6 SUMMARY OF IMPACTS, MITIGATION MEASURES, AND CONCLUSIONS Table S -1, Mitigation Monitoring and Reporting Program provides a summary of the Project’s environmental impacts, as required by CEQA Guidelines Section 15123(a). Also presented are the mitigation measures recommended by the Lead Agency to further avoid adverse environmental impacts or to reduce their level of significance. After the application of all feasible mitigation measures, the Project would not result in any significant and unavoidable environmental effects.
534 STRUCK AVENUE
ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY
Lead Agency: City of Orange SCH No. 2021090399
Page S-7
Table S-1 Mitigation Monitoring and Reporting Program
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
4.1 Air Quality
Summary of Impacts
Threshold a: Less-than-Significant Impact.
The Project would not emit air pollutants
that would contribute to a delay in the
attainment of federal and State ozone
standards in the SCAB. As such, the Project
would not conflict with and could obstruct
implementation of the AQMP, and impacts
would be less than significant.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant Impact .
Project-related activities would not exceed
the applicable South Coast AQMD regional
thresholds of significance during
construction and operations . As such,
Project-related emissions would not violate
South Coast AQMD air quality standards or
contribute to the non -attainment of ozone
standards in the SCAB, and impacts would
be less than significant
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold c: Less-than-Significant Impact.
Implementation of the Project would not: 1)
exceed applicabl e South Coast AQMD
localized criteria pollution emissions
thresholds during construction and
operation; 2) would not expose sensitive
receptors to toxic air contaminants (i.e.,
DPM) that exceed the applicable South
Coast AQMD carcinogenic and non -
carcinogenic risk significance thresholds;
and 3) would not cause or measurably
contribute to the formation of a CO “hot
spot.”
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
534 STRUCK AVENUE
ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY
Lead Agency: City of Orange SCH No. 2021090399
Page S-8
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Threshold d: Less-than-Significant Impact.
Although short -term construction activities
and long- term operational land uses could
produce objectionable odors, compliance
with standard construction requirements and
regulations established by the City of
Orange and South Coast AQMD would
reduce odor impacts to less -than-significant
levels. Near - and long- term odor impacts
would be less than significant.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
4.2 Biological Resources
Summary of Impacts
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.
No mitigation is required. N/A N/A N/A No Impact
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.
No mitigation is required. N/A N/A N/A No Impact
Threshold c: No Impact. No State - or
federally-protected wetlands are located on
the Project site; therefore, no impact to
wetlands would occur.
No mitigation is required. N/A N/A N/A No Impact
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 p rotected
by the MBTA and California Fish and Game
Code, should habitat removal occur during
MM 4.2-1 In the event that vegetation and tree removal
should occur between January 15 and September 15, 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 biologist conducting the clearance survey shall document the
negative results if no active bird nests are observed on the Project site or within the vicinity during the clearance survey with a brief letter report, submitted to the City of Project Applicant, Project
Biologist
City of Orange
Community
Development Department
Prior to construction Less-than-Significant
Impact with Mitigation
534 STRUCK AVENUE
ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY
Lead Agency: City of Orange SCH No. 2021090399
Page S-9
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
the nesting season and nesting birds be
present.
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.
Threshold e: Less -than-Significant Impact .
The Project would not conflict with any
local policies or ordinances protecting
biological resources.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
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, r egional, or State
habitat conservation plan . Therefore, no
impact would occur.
No mitigation is required. N/A N/A N/A No Impact
4.3 Cultural Resources
Summary of Impacts
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.
No mitigation is required N/A N/A N/A No Impact
534 STRUCK AVENUE
ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY
Lead Agency: City of Orange SCH No. 2021090399
Page S-10
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
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.
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 cease and workers should avoid altering the materials until a qualified archaeologist who meets the Secretary of Interior’s Professional Qualification Standards for archaeology has evaluated the resource. The Applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Any previously undiscovered resource found during construction-
related activities shall be
recorded on the appropriate Department of Parks and
Recreation (DPR) forms and evaluated for significance in terms of CEQA criteria by a qualif ied 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.
Project Applicant/Project
Archaeologist
City of Orange
Community
Development Department
In the event a potentially
significant cultural
resource is encountered
during subsurface
earthwork activities
Less-than-Significant
Impact with Mitigation
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
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
534 STRUCK AVENUE
ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY
Lead Agency: City of Orange SCH No. 2021090399
Page S-11
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
applicable provisions of California Health
and Safet y Code Section 7050.5 and
California Public Resources Code Section
5097 et seq. Mandatory compliance with
State law would ensure that any discovered
human remains are appropriately treated and
would preclude the potential for significant
impacts.
4.4 Energy
Summary of Impacts
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 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.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
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.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
4.5 Geology and Soils
Summary of Impacts
Threshold a: Less -than-Significant Impact.
Implementation of the Project would not
expose people or structures to substantial
direct or indirect adverse effects related to
liquefaction or fault rupture. The Project site
is subject to seismic ground shaking
associated with earthquakes; however,
mandatory compliance with local and State
regulatory requirements and building codes
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
534 STRUCK AVENUE
ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY
Lead Agency: City of Orange SCH No. 2021090399
Page S-12
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
would ensure that the Project minimizes
potential hazards related to seismic ground
shaking to less-than-significant levels.
Threshold b: Less-than-Significant Im pact.
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.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold c: Less -than Significant Impact.
There is no potential for the Project’s
construction or operation to cause, or be
impacted by, on - or off- site landslides or
lateral spreading . Potential hazards
associated with unstable soils would be
precluded through mandatory adherence to
the recommendations contained in the site-
specific geotechnical report during Project
construction.
No mitigation is required. Less-than-Significant
Impact
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.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
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
No mitigation is required. N/A N/A N/A No Impact
534 STRUCK AVENUE
ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY
Lead Agency: City of Orange SCH No. 2021090399
Page S-13
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
associated with soil compati bility 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 Project site have the
potential to unearth and adversely impact
paleontological resource that may be buried
beneath the ground surface
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 unan ticipated 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 th e proposed construction activities would not significantly damage paleontological resources.
Project Applicant/Project
Paleontologist
City of Orange
Community
Development Department
Prior to the issuance of a
grading permit
Less-than-Significant
Impact with Mitigation
4.6 Greenhouse Gas Emissions
Summary of Impacts
Threshold a: Less-than-Significant Impact.
Project GHG emissions would not exceed
the 3,000 MT CO2e per year threshold.
Therefore, impacts are less than significant
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
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.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
4.7 Hazards and Hazardous Materials
Summary of Impacts
534 STRUCK AVENUE
ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY
Lead Agency: City of Orange SCH No. 2021090399
Page S-14
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
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
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 a ny 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.
Project Contractor City of Orange
Community
Development Department
Prior to issuance of
building permits
Less-than-Significant
Impact
Threshold b: Less-than-Significant Impact
During Project construction and operations,
mandatory compliance to federal, State, and
local regulations would ensure that the
proposed Project would not create a
significant hazard to the environment due to
routine transport, use, disposal, or upset of
hazardous materials.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
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.
No mitigation is required. N/A N/A N/A No Impact
Threshold d: Less-than-Significant Impact.
The Project site is listed on the Enviro Stor
database sites; however, this listing
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
534 STRUCK AVENUE
ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY
Lead Agency: City of Orange SCH No. 2021090399
Page S-15
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
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
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.
No mitigation is required. N/A N/A N/A No Impact
Threshold f: Less-than-Significant Impact.
The Project site does not contain any
emergency facilities nor does it serve as an
emergency evacuation route. During
construction an d long- term operation,
adequate emergency vehicle access is
required to be provided. Accordingly,
implementation of the Project would not
impair implementation of or physically
interfere with an adopted emergency
response plan or an emergency evacuation
plan.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
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.
No mitigation is required. N/A N/A N/A No Impact
4.8 Hydrology and Water Quality
Threshold a: Less-than Significant Impact.
The Project would not violate any water
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
534 STRUCK AVENUE
ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY
Lead Agency: City of Orange SCH No. 2021090399
Page S-16
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
quality standards or waste discharge
requirements or otherwise substantially
degrade surface or ground water quality .
Adherence to a SWPPP and SWQMP is
required as part of the Project’s
implementation to address construction- and
operational-related water quality
Threshold b: Less-than Significant Impact.
The Project would not physically impact any
of the major groundwater recharge facilities
in the Orange County Groundwater Basin.
The Project would not substantially decrease
groundwater supplies or interfere
substantially with groundwater recharge
such that the Project would impede
sustainable groundwater management of the
Basin
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold c: Less-than Significant Impact.
The Project would be required to comply
with applicable water quality regulatory
requirements to minimize erosion and
siltation. Additionally, the Project would not
result in flooding on- or off -site or
impede/redirect flood flows . Lastly, the
Project would not create or contribute runoff
that would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: Less -than Significant Impact.
The Project site would not be subject to
inundation from tsunamis, seiches, or other
hazards.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold e: Less -than Significant Impact.
The Project would not conflict with or
obstruct implementation of a water quality
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
534 STRUCK AVENUE
ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY
Lead Agency: City of Orange SCH No. 2021090399
Page S-17
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
control plan or sustainable groundwater
management plan.
4.9 Noise
Threshold a: Less-than Significant Impact.
The Project would generate short- term
construction and long- term operational
noise but would not generate noise levels
that exceed significance thresholds. The
Project would not result in generation of
substantial temporary or permanent increase
in ambient noise levels in the vicinity of the
project
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant Impact.
The Project’s construction and operational
activities would not result in excessive
groundborne vibration or groundborne noise
levels.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold c: No Impact. The Project site is
not located within two miles of a public
airport or within an airport land use plan, nor
is the Project site located within the vicinity
of a private airstrip.
No mitigation is required. N/A N/A N/A No Impact
4.10 Transportation
Threshold a: Less-than-Significant Impact.
The Project would not conflict with a
program, plan, policy addressing the
circulation system such that the Project
would result in a significant impact on the
environment.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant Impact
The Project meets the Low VMT Area
screening criteria and would result in a less
than significant VMT impact.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold c: Less-than-Significant Impact.
The Project would not create or substantially
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
534 STRUCK AVENUE
ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY
Lead Agency: City of Orange SCH No. 2021090399
Page S-18
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
increase safety hazards due to a design
feature or incompatible use.
Threshold d: Less-than-Significant Impact.
Adequate emergency access would be
provided to the Project site during
construction and long- term operation. The
Project would not result in inadequate
emergency access to the site or surrounding
properties.
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
4.11 Tribal Cultural Resources
Threshold a: Potentially Significant Direct
Impact: The Project site does not contain any
recorded, significant tribal cultural resource
sites; therefore, the Project would not cause
a substantial adverse change in the
significance of a tribal cultural resource that
is listed or eligible for listing in the
California Register of Historical Resources
or a local register of historical resources.
Nonetheless, Project construction activities
have the potential to unearth and adversely
impact tribal cultural resources that may be
buried at the Project site
MM 4.11 -1 Prior to the commencement of any ground
disturbing activity at the project site, the Project Applicant shall retain a Native American Monitor approved by the
Gabrieleno Band of Mission Indians -Kizh Nation – the
tribe that consulted on this project pursuant to Assembly Bill A52 (the “Tribe” or the “Consulting Tribe”). A copy of the executed co ntract shall be submitted to the City of Orange Planning and Building Department prior to the
issuance of any permit necessary to commence a ground - disturbing activity. The Tribal monitor will only be present on-site during the construction phases that involve ground- disturbing activities into areas of undisturbed soils. Ground disturbing activities are defined by the Tribe as activities that may include, but are not limited to, pavement removal, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project site. The Tribal Monitor will complete daily
monitoring logs that will provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on -site
monitoring shall end when all ground-disturbing activities on the Project site are completed, or when the Tribal
Representatives and Tribal Monitor have indicated that all upcoming ground- disturbing activities at the Project site have little to no potential for impacting Tribal Cultural Resources.
Project Applicant City of Orange
Community Development
Department
Prior to ground-disturbing
activities
Less-than-Significant
Impact with Mitigation
534 STRUCK AVENUE
ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY
Lead Agency: City of Orange SCH No. 2021090399
Page S-19
THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY
MONITORING
PARTY
IMPLEMENTATION
STAGE
LEVEL OF
SIGNIFICANCE
AFTER
MITIGATION
Upon discovery of any Tribal Cultural Resources,
construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be as sessed. All Tribal Cultural Resources
unearthed by project activities shall be evaluated by the qualified archaeologist and Tribal monitor approved by the Consulting Tribe. If the resources are Native American in origin, the Consulting Tribe will retain it/them in the form and/or manner the Tribe deems appropriate, for
educational, cultural and/or historic purposes. If human remains and/or grave goods are discovered or recognized at the Project site, all ground disturbance shall immediately cease, and the county coroner shall be notified per Public Resources Code Section 5097.98, and Health & Safety
Code Section 7050.5. Human remains and grave/burial
goods shall be treated alike per California Public
Resources Code section 5097.98(d)(1) and (2). Work may
continue on other parts of the Project site while evaluation and, if necessary, mitigation takes place (CEQA
Guidelines Section 15064.5[f]). If a non -Native American resource is determined by the qualified archaeologist to constitute a “historical resource” or “unique archaeological resource,” time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan
established for the resources shall be in accordance with CEQA Gui
delines Section 15064.5(f) for historical
resources and PRC Sections 21083.2(b) for unique
archaeological resources
534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
1.0 INTRODUCTION
This Draft Environmental Impact Report (“Draft EIR ” or “EIR”) is an informational document that represents the independent judgment of the City of Orange, acting as the Lead Agency pursuant to the California Environmental Quality Act (CEQA), and evaluates the physical environmental effects that could result from constructing and operating the proposed 534 Struck Avenue Project (hereafter, the “Project”). Discretionary actions and other related ministerial actions that are required to construct and operate the Project also are described in this EIR.
When the term “Project” is used in this EIR with the initial letter capitalized, the term shall mean all aspects of the planning, construction, and operation of the 534 Struck Avenue Project, including all discretionary and administrative approvals and permits required for its implementation. When the term “Project Applicant” is used with the initial letters capitalized, the term shall mean Prologis, L.P., which is the entity that submitted applications to the City of Orange to entitle the Project Site as proposed and as evaluated in this EIR.
1.1 PURPOSES OF CEQA AND LEGAL AUTHORITY FOR THIS DRAFT EIR This Draft EIR has been prepared in compliance with the California Environmental Quality Act (Public Resources Code § 2100 0 et. seq. (“CEQA”), as amended, and the CEQA State Guidelines (Title 14 California Code of Regulations § 15000 et. seq.) (“CEQA Guidelines”), as amended. As stated by CEQA Guidelines § 15002(a), the basic purposes of CEQA are to:
• Inform governmental decision makers and the public about the potential, significant environmental effects of proposed government actions (including the discretionary approval of land entitlement applications submitted by private parties); • Identify the ways that environmental damage can be avoided or significantly reduced; • Prevent si gnificant, avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the governmental agency finds the changes to be feasible; and
• Disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose if a project will be approved involving significant environmental effects.
Following preliminary review of the Project’s application materials, the City of Orange concluded that the Project and its associated implementing actions have t he potential to result in significant environmental effects; as such, the City proceeded with preparation of this EIR pursuant to CEQA Guidelines Section 15060(d). The City determined that a Project EIR, as described in CEQA Guidelines Section 15161, would be required. Accordingly, this document serves as a Project EIR. As required by CEQA Guidelines Section 15161, this Project EIR shall “…focus primarily on the changes in the environment that would result from the development project,” and “…examine all phases of the 534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
project including planning, construction, and operation.” Also, in conformance with CEQA Guidelines Section 15121(a), the purposes of this EIR are to: (1) disclose information by informing public agency decision makers and the public generally of the significant environmental effects associated with all phases of the Project, (2) identify possible ways to minimize or avoid those significant effects, and (3) to describe a reasonable range of alternatives to the Project that would feasibly attain most of the basic Project objectives but would avoid or substantially lessen its significant environmental effects.
1.2 SUMMARY OF THE PROJECT EVALUATED BY THIS EIR
The City of Orange is the Lead Agency for the proposed Project, under whose authority this EIR has been pre pared. The Project Applicant is proposing to redevelop the S ite with a 57,900 sf Truck Terminal, that includes 52,900 sf of warehouse space and 5,000 sf of office space, and a 5,400 -sf maintenance building. The proposed building would be built up to 45 ft and include 84 dock doors (cross-dock configuration). The Project would provide automobile parking stalls in excess of the requirements (47 automobile parking stalls) of the Orange Municipal Code (OMC). The Project would provide a total of 62 automobile parking stalls consisting of 59 standard parking stalls, 2-9 ft. by 18 ft. accessible parking stalls, and 1-12 ft by 18 ft accessible parking stall. Additionally, the Project would provide 188 trailer parking stalls. Ornamental landscaping, lighting, and wal ls would be installed per compliance with the OMC. The building would operate 24 hours a day, 7 days a week. It is anticipated that the facility would employ a total of 60 to 130 employees.
The redevelopment would require the demolition of the existing, 40,000 sf manufacturing facility, associated parking, and removal of an unused portion of the existing, privately owned railroad spur located on the east side of the site. Additionally, the Project would remove approximately 315 linear feet of on-street parking along Struck Avenue.
Specifically, the Project Applicant is requesting the following governmental approval from the City of Orange to implement the Project (refer to Chapter 3.0, Project Description, for a complete description of the Project’s construction and operational characteristics):
• Conditional Use Permit No. 3137-21
• Major Site Plan Review No. 1039-21
• Design Review No. 5028-21
• Environmental Review No, 1870-20
• Demolition permits for on-site structures and other improvements • Grading and Building Permits to grade and construct the Project
1.3 CEQA PROCESS OVERVIEW
The California Environmental Quality Act (CEQA) (Public Resources Code, §§ 21000- 21177) requires that all public agencies within the State of California, having land use approval over project activities that have the potential to affect the quality of the environment, shall regulate such activities 534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
so that impacts to the environment can be prevented to the extent feasible. Such activity is reviewed and monitored through the CEQA process, as provided in the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387). CEQA distinguishes varied levels of documentation and public review based on a project’s anticipated level of effect on the environment.
When it is determined through preliminary review that a project may likely have one or more significant effects upon the environment, then an EIR must be prepared. The “scope” of the EIR may be determined through preparation of an Initial Study and a publ ic scoping process. The EIR should consider both the potential project-specific (direct and indirect) and cumulative environmental impacts that could result from the implementation of the proposed project.
Pursuant to CEQA Guidelines § 15121, the EIR is primarily an informational document intended to inform the public agency decision-makers and the general public of the potentially significant effects of a proposed project. The EIR should disclose all known potentially significant impacts; identify feasible means to minimize or mitigate those effects; and, consider a number of feasible alternatives to the project that might further reduce significant impacts while still attaining the project objectives. The decision-makers must consider the information in an EIR before taking action on the proposed project.
The EIR may constitute substantial evidence in the record to support the agency’s action on the project.
The EIR is prepared by or under the direction of the Lead Agency, the City of Orange. The City of Orange (“City”) is the public agency that has the primary responsibility for approving or carrying out the Project. Further, Responsible and Trustee Agencies, which are public agencies that have a level of discretionary approval over some component of the proposed Project, may rely upon the EIR prepared by the City.
An EIR is prepared in two key stages. First, a Draft EIR is prepared and distributed for public and agency review. Once comments on the Draft EIR are received, responses to those comments and any additional relevant project information are prepared and com piled in a Final EIR. Both of these documents (i.e., the Draft EIR and the Final EIR), along with any related technical appendices, represent the complete record of the EIR. Throughout this document, the terms Final EIR or Draft EIR may be used interchangeable since both are part of the ultimate EIR record; however, “Draft EIR” may be used specifically when referring to information provided in the volume made available for the CEQA-required 45-day public review period.
In accordance with CEQA Guidelines § 15087, this Draft EIR will be made available for review by the public and public agencies for a minimum period of 45 days to provide comments “on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated” (CEQA Guidelines § 152049(a)). Responses to written comments received during the public review period will be included in the Final EIR (“FEIR”). During the decision-making process, the Project and its design features, objectives, merits, environmental consequences, and socioeconomic factors, among other information contained in the Project’s administrative record will be considered by City of Orange 534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
decision-makers. If the FEIR is certified and the Project approved, the City of Orange and other public agencies with permitting authority over all, or portions, of the Project would be able to rely on the FEIR as part of their permitting processes to evaluate the environmental effects of the Project as they pertain to the approval or denial of applicable permits.
1.4 PROJECT BACKGROUND
A Mitigated Negative Declaration (MND) was originally prepared for the proposed 534 Struck Avenue Project. On September 23, 2021, the City circulated a Notice of Intent to Adopt Mitigated Negative Declaration No. 1870-20 for the Project. The MND was circulated for public review from September 23 to October 25, 2021. During the 30-day public review period, comments received requested additional technical analysis (e.g., air quality and noise modeling, traffic). Therefore, i n order to address the environmental concerns raised, additional analyses were prepared and this EIR was prepared to provide comprehensive environmental review of the Project.
1.4.1 COMMENTS RECEIVED DURING THE MND PUBLIC REVIEW PERIOD As previously stated, the MND was circulated for public review from September 23 to October 25, 2021. The MND and written comments received by the City during the public review period are provided in Technical Appendix A1 to this EIR. Please refer to Table 1-1, Summary of MND Comments, for comments received during MND public review period.
Table 1-1 Summary of MND Comments
Commenter Date Comment(s) Response to Comments
John Miller October
1, 2021
• Asks about entry and exit of the
Project and raises concern
regarding traffic on Struck
Avenue
• As described in Section 3.0, Project
Description, v ehicular access to the
Project Site would be provided via two
driveways along the site’s northern border
along Struck Avenue.
• As concluded in the Traffic Analysis
(Technical Appendix K 1 to this EIR) , the
Project would not result in deficiencies at
any of the 9 study area intersections
analyzed, including Struck Avenue at
Katella Avenue, Main Street, or Batavia.
• Concerned about truck parking
on Parker Street
• The Project would provide 188 trailer
parking stalls and 84 dock doors to ensure
adequate trailer truck parking on the
Project site. Additionally, the Project
would c omply with Section 10.34.060,
Prohibited Parking — Trucks,
Recreational Vehicles and Similar
Vehicles, of the City’s Municipal Code
regarding restrictive parkin g on public
streets. Specifically, oversized vehicles
534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
Commenter Date Comment(s) Response to Comments
shall not park on any public s treet or any
public or dedicated alley, except while
mechanically disabled, or while loading or
unloading merchandise, goods, or building
materials; or when such vehicle is parked
in connection with, and in the performance
of a service to or on a property in the block
in which such vehicle is parked or left
standing.
• Raises concern on odor of
diesel fuel due to truck idling
for hours
• The Project would comply with California
Code of Regulations Title 13, Division 3,
Chapter 10, Article 1, Section 2485,
“Airborne Toxic Control Measure to Limit
Diesel‐Fueled Commercial Motor Vehicle
Idling,” which limits nonessential idling to
five minutes or less for commercial trucks.
• Asks about the opportunity for
public comments, copy of the
site plan and truck yard
orientation
• This EIR will be made available for review
by the public and public agencies for a
minimum period of 45 days to provide
comments. Additionally, public comments
can be made during the Planning
Commission hearing for the Project.
• As shown in Figure 3- 2, Site Plan , the
proposed building would be centered in
the Project site with locking doors to the
eastern and western end of the building
(cross-dock) and parking surrounding the
Project site.
• Asks about plans for
wall/foliage for screening
between the Project site and
adjacent property to the west
• The Project Applicant would install an
approximately 8 -foot-high tubular steel
fencing along the site’s perimeter to
enclose the proposed building, parking
area, truck court, and loading dock area.
Keith Early October
25, 2021
• Raises concern on truck traffic
on surrounding streets
• The Project truck trips would travel long
City of Orange approved truck routes. As
shown on Figure 4.10-4, Truck Routes,
trucks would travel along Struck Avenue
to State Route 57 (SR- 57) or to Batavia
Street, providing the most efficient access
to regional transportation facilities. Trucks
would not travel along Parker Street,
which is not an approved truck route.
• Moreover, data collected five facilities
that are very similar in nature to the
proposed use indicates most of the truck
activity occurs outside of the typical
morning and evening peak commute hours
534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
Commenter Date Comment(s) Response to Comments
(7-9 AM and 4 -6 PM ; (Technical
Appendix K1 to this EIR).
• Raises concern on exhaust
fumes and noise from the
Project
• As concluded in Section 4.1, Air Quality,
the Project would not result in
construction or operational air quality
impacts prior to mitigation measures .
Additionally, implementation of MM 4.1-
1 would be required to decrease cancer
risks.
• As concluded in Section 4.9, Noise, the
Project would generate short -term
construction and long -term operational
noise but would not generate noise levels
that exceed the standards established by
the Orange General Plan or Municipal
Code at the nearby noise-sensitive receiver
locations. Therefore, noise impacts would
be less than significant.
• Raises concern on the low
amount of employment (10
jobs) that would be generated
by the Project and the need for
employment in the area.
• As shown in in the Project’s Vehicle Miles
Travel (VMT) Memorandum (Technical
Appendix K2 to this EIR) , b ased on the
employment density factors identified in
the Southern California Association of
Governments (SCAG) Employment
Density Study, the Project is anticipated to
generate approximately 60 to 130
employees.
However, this comment is
noted for the record.
• Provide alternative to develop
the Project site as small 10,000
sf buildings for small
businesses
• Refer to Section 6.0, Alternatives, for an
analysis of project alternatives.
• Raises concern on the amount
of tax revenue the proposed use
would generate compared to
other uses.
• This comment does not raise any issues
with the environmental analysis provided
in the EIR, thus, no further response is
required.
Law Office
of John P.
Given on
behalf of
Mary’s
Kitchen
October
25, 2021
• Raises concern on the MND’s
inaccuracy in describing
Mary’s Kitchen and the
Project’s impacts to Mary’s
Kitchen
• As shown in Section 2.0, Environmental
Setting, and Section 4.0, Environmental
Analysis, the EIR accurate describes the
operations and Project impacts to the
former Mary’s Kitchen site (now occupied
by HUB OC.
534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
Commenter Date Comment(s) Response to Comments
• Raises concern on the Project’s
Air Quality Impact Analysis
and Mary’s Kitchen not being
listed as a sensitive receptor
• As shown in Figure 4.1 -1, Sensitive
Receptors, the Project’s Air Quality
Impact Analysis ( Technical Appendix B1
to this EIR) has been u pdated to include
the former Mary’s Kitchen site as a
sensitive receptor R3.
• Raises concern on the Project’s
air quality impacts to Mary’s
Kitchen
• As concluded in Section 4.1, Air Quality,
the Project would not result in
construction or operational air quality
impacts to nearby sensitive receptors.
• Raises concern on the Project’s
operational air quality impacts
from traffic since trip
generation was derived from
two facilities of similar uses
and future tenants are currently
unknown
• As part of the updated Traffic Analysis
(Technical Appendix K 1 to this EIR), the
methodology to calculate trip generation
was modified to include five local existing
facilities that are very similar in nature to
the proposed use . In order to calculate a
rate for the Project that most closely
reflects the anticipated opera tions, the 5
local sites were surveyed over 2 days to
develop an average trip generation rate.
Moreover, in an effort to conduct a
conservative traffic assessment, no credit
has been taken for the existing use.
• Raises concern on the Project’
Noise Impact Analysis and
Mary’s Kitchen not being listed
as a sensitive noise receptor
• As shown in Section 4.9, Noise, the
Project’s Noise Impact Analysis
(Technical Appendix J to this EIR) has
been updated to include the former Mary’s
Kitchen site as a sensitive noise receptor.
• Concludes that the MND is
inadequate due to failure to
analyze the Project’s air
quality, noise, and vibration
impacts to Mary’s Kitchen as a
sensitive receptor and that an
EIR may be required
• As discussed above, the Project’s
technical report s have been updated to
include the former Mary’s Kitchen site as
a sensitive receptor and this EIR includes
the results of the updated technical
analyses.
1.5 DRAFT EIR SCOPE, FORMAT, AND CONTENT
1.5.1 DRAFT EIR SCOPE
The City filed a Notice of Preparation (NOP) with the State Clearinghouse of the California Office of Planning and Research (State Clearinghouse) to indicate that an EIR would be prepared to evaluate the Project’s potential to impact the environment. The NOP was filed with the State Clearinghouse and distributed to potential Responsible Agencies, Trustee Agencies, and other interested parties on July 29, 2022, for a 30-day public review period. The NOP was distributed for public review to solicit 534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
responses that would help the City identify the full scope and range of potential environmental concerns associated with the Project so that these issues could be fully examined in this EIR.
In addition, two publicly-noticed EIR Scoping Meetings were held on August 22, 2022. The scoping meetings were held at Orange City Hall Weimer Room, located at 300 E. Chapman Avenue Orange, CA 92866, and Shaffer Park Community Room, located at 190 N. Shaffer Street Orange, CA 92865.
The EIR Scoping Meetings provided public agencies, interested parties, and members of the general public an additional opportunity to learn about the Project, the CEQA review process, and how to submit comments on the scope and range of potential environmental concerns be addressed in this EIR.
The NOP and written comments received by the City during the NOP public review period are provided in Technical Appendix A2 to this EIR. Substantive issues raised in response to the NOP and during the Scoping Meetings are summarized below in Table 1 -2, Summary of NOP and Scoping Meeting Comments. The purpose of Table 1 -2 is to present a summary of the environmental topics that were identified by public agencies, interested parties, and members of the general public to be of primary interest. Regardless of whether or not an environmental or CEQA -related comment is listed in Table 1-2, all relevant comments received in response to the NOP and the EIR Scoping Meeting are addressed in this EIR.
Table 1-2 Summary of NOP and Scoping Meeting Comments
Commenter Date Comment(s)
Location in EIR Where
Comment(s) Addressed
Comments Received at Scoping Meetings
Keith Crane
August 22,
2022
• Raises concern on the location of the
maintenance building due to close
proximity to his property and its
potential air quality and noise
impacts
• Raises concern on tree foliage and
pine needles falling on adjacent
property
• Recommends trucks use Batavia and
Katella/Main for truck route
• Asks about measures to prevent
trucks from traveling outside of
designated routes
• Recommends alternative to develop
the Project site as buildings for small
businesses
• Raises concern on street parking and
truck trips per day
Section 4.1, Air Quality,
Section 4.9, Noise,
Section 4.10,
Transportation, and
Section 6.0, Alternatives
John Miller
• Recommends block wall around the
Project site instead of fencing
• Raises concern on truck turning
Section 4.1, Air Quality,
and Section 4.10,
Transportation
534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
Commenter Date Comment(s)
Location in EIR Where
Comment(s) Addressed
radius from Struck Avenue to
Katella Avenue
• Raises concern on overflow parking
for employees and parking on Parker
Street
• Raises concern on trucks and
pedestrian safety due to past
accidents on Main/Collins
• Request to consider cut-through
traffic on Parker Street
• Asks about clarifications on soil
samples in the Phase II
Environmental Site Assessment
(ESA) and a copy of the results
• Asks question about the new
operation of Mary’s Kitchen
John
• Asks why the Project went from an
MND to EIR
• Raises concern on the safety of
residential uses near the Project site
• Asks about truck trips generated by
the Project
• Request to study traffic on Struck
Avenue
• Raises concern on pedestrian safety
issues from homeless shelter
Section 1.0, Introduction,
and Section 4.10,
Transportation
Comments Received during NOP Public Review Period
Native American
Heritage Commission
(NAHC)
August 11,
2022
• Provides information regarding
required Native American
consultation pursuant to Senate Bill
18 and Assembly Bill 52.
Section 4.3, Cultural
Resources, and Section
4.11, Tribal Cultural
Resources
Orange County
Transportation
Authority (OCTA)
August 29,
2022
• Requests to change any reference to
BNSF to “OCTA/SCRRA”—the
railroad is owned by OCTA and
operated by the Southern California
Regional Rail Authority (SCRRA)
• Requests coordination with SCRRA
is required on the abandonment of
the industry track.
• Requests to ensure drainage is
designed to drain away from the
tracks during construction and post-
construction
• Requests that lighting should be
designed to keep light away from the
Section 4.8, Hydrology
and Water Quality,
Section 4.10,
Transportation, Section
5.4.1, Aesthetics
534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
Commenter Date Comment(s)
Location in EIR Where
Comment(s) Addressed
tracks
• Requests that trees near the tracks
should be maintained to avoid
encroachment onto the railroad.
• Expresses that a Right of Way
Encroachment Agreement with
SCRRA may be necessary during
construction
California Department
of Transportation
(Caltrans)
August 30,
2022
• Consider bicycle, pedestrian, electric
vehicle charging, and ridesharing
opportunities at the site including
bicycle storage, accessible
walkways, charging stations, and
pick-up/drop-off locations.
• Requests to provide discussion on
active transportation.
• Requests to include discussion about
the City multimodal mobility
strategies relating to existing bus
and rail services for local and
regional connectivity.
• Requests to submit copies of all
traffic related documents for review.
• Requests to evaluate installation of
electric vehicle charging
infrastructure
• Requests to identify, and seek to
resolve (with appropriate local
partners, including, but not limited
to, the local government) any
potential pedestrian or bicycling
conflict points to, from, or within the
Project site
• Requests to ensure on-site truck
parking facilities include adequate
facilities for drivers
• Requests to consider pricing
strategies to incentivize and
encourage greater use of ZEV trucks
Section 4.10,
Transportation
Law Office of John P.
Given on behalf of
Mary’s Kitchen
August 24,
2022
• Comments made were the same as
the previous comment letter on
October 25, 2021
Refer to Table 1-1,
Summary of MND
Comments
John Miller N/A
• Raises concern on truck turning
radius from Struck Avenue to
Katella Avenue
Section 4.1, Air Quality,
and Section 4.10,
Transportation
534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
Commenter Date Comment(s)
Location in EIR Where
Comment(s) Addressed
• Asks about clarifications on soil
samples in the Phase II ESA and a
copy of the results
• Recommends block wall around the
Project site instead of fencing
• Raises concern on maintenance
building and its emissions/odor into
the air
• Raises concern on overflow parking
for employees
In light of the comments received by the City in response to the circulated MND, NOP, and the EIR Scoping Meeting, Section 4.0 of this EIR evaluates the Project’s potential to cause adverse effects to the following environmental issue areas:
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Noise
• Transportation
• Tribal Cultural Resources
Based on the findings of the circulated MND, the following environmental topics were determined to be less than significant or no impact and will not be evaluated further in the EIR:
• Aesthetics
• Agriculture and Forestry Resources
• Land Use and Planning
• Mineral Resources
• Population and Housing
• Public Services
• Recreation
• Utilities and Service Systems
• Wildfire
1.5.2 USE OF THIS EIR
This EIR will be made available for review by the public and public agencies for a minimum period of 45 days to provide comments “on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated” (CEQA Guidelines § 152049(a)). During the deci sion-making process, the Project and its design features, objectives, merits, environmental consequences, and socioeconomic factors, among other information contained in the Project’s administrative record, will be considered by City decision-makers.
534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
1.5.3 CONTENT AND ORGANIZATION OF THIS DRAFT EIR
This Draft EIR contains all of the information required to be included in an EIR as specified by the CEQA Statutes and Guidelines (California Public Resources Code, Section 21000 et. seq. and California Code of Regul ations, Title 14, Chapter 5). This Draft EIR is organized in the following manner:
• Section S.0, Executive Summary, provides an overview of the EIR document and CEQA process. The Project, including its objectives, is described, and the location and regional setting of the Project Site is documented. In addition, the Executive Summary discloses potential areas of controversy related to the Project, including those issues identified by other agencies and the public, and identifies potential alternatives to the proposed Project that would reduce or avoid significant impacts, as required by CEQA. Finally, the Executive Summary provides a summary of the Project’s impacts, mitigation measures, and conclusions, in a table that forms the basis of the EIR’s Mitigation, Monitoring, and Reporting Program.
• Section 1.0, Introduction, provides introductory information about the CEQA process and the responsibilities of the City, serving as the Lead Agency for this EIR; a brief description of the Project; the purpose of thi s EIR; applications proposed by the Project Applicant that would require discretionary City approvals; permits and approvals required by other agencies; and an overview of the EIR format.
• Section 2.0, Environmental Setting , describes the environmental se tting, including an overview of the regional and local setting, as well as descriptions of the Project Site’s physical conditions and surrounding context. The existing setting is defined as the condition of the Project Site and surrounding area at the approximate date this EIR’s NOP was released for public review. The setting discussion also addresses the relevant regional planning documents that apply to the Project Site and vicinity.
• Section 3.0, Project Description , serves as the EIR’s Project Descripti on for purposes of CEQA and contains a level of specificity commensurate with the level of detail proposed by the Project, including the summary requirements pursuant to CEQA Guidelines § 15123. This section provides a detailed description of the Project, including its purpose and main objectives; design features; landscaping; site drainage; utilities; grading and construction characteristics; and operational characteristics expected over the Project’s lifetime. In addition, the discretionary actions required of the City and other government agencies to implement the Project are discussed.
• Section 4.0, Environmental Analysis , provides an analysis of the potential direct, indirect, and cumulative impacts that may occur from implementing the proposed Project. The topics analyzed in this section include the topics summarized above under subsection 1.5.1. Topics that were found to have no potential of being significantly impacted are discussed in Section 534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
5.0, Other CEQA Considerations . A conclusion concerning significance is reached for each discussion, and mitigation measures are presented as warranted. The environmental changes identified in Section 4.0 and throughout t his EIR are referred to as “effects” or “impacts” interchangeably. The CEQA Guidelines also describe the terms “effects” and “impacts” as being synonymous (CEQA Guidelines § 15358).
In the environmental analysis subsections of Section 4.0, the existing conditions are disclosed that are pertinent to the subject area being analyzed, accompanied by a specific analysis of physical impacts that may be caused by implementing the proposed Project. Impacts are evaluated on a direct, indirect, and cumulative basis. Direct impacts are those that would occur directly as a result of the proposed Project. Indirect impacts represent secondary effects that would result from Project implementation. Cumulative effects are defined in CEQA Guidelines § 15355 as “…two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.”
The analyses in Section 4.0 are based in part upon technical reports that are appended to this EIR. Information also is drawn from other sources of analytical materials that directly or indirectly relate to the proposed Project and are cited in Section 7.0, References . Where the analysis demonstrates that a physical adverse environmental effect may or would occur without undue s peculation, feasible mitigation measures are recommended to reduce or avoid the significant effect. Mitigation measures must be fully enforceable, have an essential nexus to a legitimate governmental interest, and be “roughly proportional” to the impacts of the Project.
The discussion then indicates whether the identified mitigation measures would reduce impacts to below a level of significance. In most cases, implementation of the mitigation measures would reduce the adverse environmental impacts to below a level of significance. If mitigation measures are not available or feasible to reduce an identified impact to below a level of significance, the environmental effect is identified as a significant and unavoidable adverse impact, for which a Statement of Overriding Considerations (SOC) would need to be adopted by the City pursuant to CEQA Guidelines § 15093.
• Section 5.0, Other CEQA Considerations , includes specific topics that are required by CEQA. These include a summary of the Project’s significant and unavoidable environmental effects, a discussion of the significant and irreversible environmental changes that would occur should the Project be implemented, as well as potential growth-inducing impacts of the proposed Project. Section 5.0 also includes a discussion of the potential environmental effects that were found not be significant during the preparation of this EIR.
• Section 6.0, Project Alternatives, describes and evaluates alternatives to the proposed Project that could reduce or avoid the Project’s adverse environmental effects. CEQA does not require an EIR to consider every conceivable alternative to the Project but rather to consider a reasonable range of alternatives that will foster informed decision making and public participation. Three (3) alternatives are presented in Section 6.0. 534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
• Section 7.0, References , cites all reference sources used in preparing this EIR and lists the agencies and persons that were consulted during preparation of this EIR. Section 7.0 also lists the persons who authored or participated in preparing this EIR.
CEQA requires that an EIR contain, at a minimum, certain specified content. Table 1-3, Location of CEQA Required Topics, provides a quick reference in locating the CEQA-required sections within this document.
Table 1-3 Location of CEQA Required Topics
CEQA Required Topic
CEQA
Guidelines
Reference Location in this EIR
Table of Contents § 15122 Table of Contents
Summary § 15123 Section S.0
Project Description § 15124 Section 3.0
Environmental Setting § 15125 Section 2.0
Consideration and Discussion of Environmental
Impacts
§ 15126 Section 4.0
Significant Environmental Effects Which Cannot be
Avoided if the Proposed Project is Implemented
§ 15126.2(b) Section 4.0 & Subsection 5.1
Significant Irreversible Environmental Impacts Which
Would be Involved in the Proposed Action Should it
be Implemented
§ 15126.2(c) Subsection 5.2
Growth-Inducing Impacts of the Proposed Project § 15126.2(d) Subsection 5.3 Consideration and Discussion of Mitigation Measures
Proposed to Minimize Significant Effects
§ 15126.4 Section 4.0 & Table S-1
Consideration and Discussion of Alternatives to the
Proposed Project
§ 15126.6 Section 6.0
Effects Not Found to be Significant § 15128 Subsection 5.4 Organizations and Persons Consulted § 15129 Section 7.0 & Appendices Discussion of Cumulative Impacts § 15130 Section 4.0
Energy Conservation Appendix D Subsection 4.3
1.5.4 INCORPORATION BY REFERENCE
CEQA Guidelines § 15147 states that the “information contained in an EIR shall include summarized… information sufficient to permit full assessment of significant environmental impacts by reviewing agencies and members of the public,” and that the “placement of highly technical and specialized analysis and data in the body of an EIR shall be avoided.” CEQA Guidelines § 15150 allows for the incorporation “by reference all or portions of another document… [and is] most appropriate for including long, descriptive, or technical materials that provide general background but do not contribute directly to the analysis of a problem at hand.” The purpose of incorporation by reference is to assist the Lead Agency in limiting the length of this EIR. Where this EIR incorporates a document by reference, the document is identified in the body of the EIR, citing the appropriate 534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
section(s) of the incorporated document and describing the relationship between the incorporated part of the referenced document and this EIR.
Therefore, the detailed technical studies, reports, and supporting documentation that were used in preparing this EIR are bound separately as Technical Appendices. The Technical Appendices are available for review at the City of Orange, Planning Division, Community Development Department, 300 East Chapman Avenue, Orange, CA 92866, during the City’s regular business hours and the City’s website at:
https://www.cityoforange.org/our-city/departments/community-development/planning- division/current-projects. The individual technical studies, reports, and supporting documentation that comprise the Technical Appendices are as follows:
A1. Written Comments on the Mitigated Negative Declaration A2. Notice of Preparation (NOP) and Written Comments on the NOP B1. Air Quality Impact Assessment
B2. Health Risk Assessment
C. Biological Technical Report
D. Cultural and Paleontological Resources Letter Report E. Energy Analysis
F. Geotechnical and Infiltration Evaluation
G. Greenhouse Gas Analysis
H1. Phase I Environmental Site Assessment
H2. Limited Phase II Environmental Site Assessment
H3. Soil Management Plan
I1. Priority Water Quality Management Plan
I2. Preliminary Drainage Study
J. Noise and Vibration Analysis
K1. Traffic Analysis
K2. VMT Screening Evaluation
Other reference sources that are incorporat ed into this EIR by reference are listed in Section 7.0, References, of this EIR. In most cases, documents or websites not included in the EIR’s Technical Appendices are cited by a link to the online location where the document/website can be viewed by the public. All references relied upon by this EIR are included as part of City’s Administrative Record pertaining to the proposed Project.
1.6 RESPONSIBLE AND TRUSTEE AGENCIES
The California Public Resource Code (§ 21104) requires that all EIRs be reviewed by responsible and trustee agencies (see also CEQA Guidelines § 15082 and § 15086(a)). As defined by CEQA Guidelines § 15381, “the term ‘Responsible Agency’ includes all publi c agencies other than the Lead Agency which have discretionary approval power over the project.” A Trustee Agency is defined in CEQA 534 Struck Avenue Project
Environmental Impact Report 1.0 Introduction
Lead Agency: City of Orange SCH No. 2021090399
Guidelines § 15386 as “a state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California.”
For the proposed Project, the Orange County Sanitation District (OCSD) is responsible for the issuance of a Municipal Stormwater Permit and the South Coast Air Quality Management District is responsible for construction related permits (if applicable). The Native American Heritage Commission (NAHC) is identified as a Trustee Agency for the proposed Project in their capacity to prevent irreparable damage to sacred sights and to prevent interference with Native American Religion in California. There are no other agencies that are identified as Responsible or Trustee Agencies for the proposed Project.
1.7 AREAS OF CONTROVERSY
After consideration of all comments received in response to the NOP and during the Project’s scoping meetings, the Lead Agency has identified environmental issues of concern relating to truck trips and travel, air quality, and noise impacts (see Table 1-1 and Table 1-2). No other areas of controversy associated with the proposed Project are known.
534 Struck Avenue Project
Environmental Impact Report 2.0 Environmental Setting
Lead Agency: City of Orange SCH No. 2021090399
2.0 ENVIRONMENTAL SETTING
2.1 REGIONAL SETTING AND LOCATION
The Project site is located at 534 Struck Avenue in the City of Orange, Orange County, California.
The City of Orange (City) is in the north-central portion of Orange County. The c ity of Anaheim borders the City to the north and northwest. The city of Garden Grove borders the City to the west and the cities of Santa Ana and Tustin, and unincorporated Orange County border the City to the east and south. Interstate 5 (I-5) is located approximately 2.0 miles southwest of the Project site and State Route 57 (SR-57) is located approximately 1.26 to the west. Regional access to the S ite is provided by SR- 57 via Katella Avenue located approximately 1.26 miles west. The Site’s location in a regional context is shown on Figure 2-1, Regional Location Map.
2.2 LOCAL SETTING AND LOCATION
As shown o n Figure 2- 2, Local Vicinity Map , and Figure 2-3, USGS Topographic Map, the approximate 9.94-acre Project site (Assessor Parcel Number [APN] 375-331-04) is generally located north of Collins Avenue, east of Batavia Street, south of Struck Avenue, and west of the Orange County Transportation Authority/Southern California Regional Rail Authority (OCTA/SCRRA) Railroad. The Project site is developed with an approximate 40,000 square-foot concrete tilt-up building and parking lot and was occupied until the end of 2020 by Nursery Supplies, Inc. manufacturing facility. The site is accessed via three two-way driveways along Struck Avenue.
2.3 SURROUNDING LAND USES
The surrounding properties possess an urban and industrial character like the Project site. Existing land uses in the immediate vicinity of the Project site are illustrated on Figure 2-4, and are described below.
North: The property directly to the north of the Project site is designated for Public Facility uses and includes the City of Orange Corporate Yard and Public Works Department and the former Mary’s Kitchen, a social services organization. The Mary’s Kitchen site is now operated by HUB OC, a nonprofit organization that offers hot meals, showers, laundry, restroom, mail, and occasional social and medical services at 517 West Struck Avenue, Monday through Saturday from 9:00 am to 3:00 pm.
The operation, known as the HUB Resource Center, is run by employees and volunteers. No overnight stays or services are provided. All of the services are currently operated outside or in a rented mobile trailer (i.e., an office trailer, laundry trailer, shower trailer, etc.). On average, the HUB Resource Center serves anywhere between 80-85 meals at breakfast and 85-90 meals at lunch.
Additionally, a future residential development project is proposed on the property immediately north of HUB OC. At the time environmental review commenced, the proposed residential project was not under construction.
534 Struck Avenue Project
Environmental Impact Report 2.0 Environmental Setting
Lead Agency: City of Orange SCH No. 2021090399
Northeast/East: The property northeast and east of the Project site, on the opposite side of the OCTA/SCRRA Railroad, is developed with multifamily and industrial uses, respectively. The area to the east contains industrial buildings and a storage yard containing various vehicles and storage facilities.
South/West: The properties to the immediate south and west are designated for light industrial uses, and include several industrial and commercial businesses.
2.4 PLANNING CONTEXT
2.4.1 CITY OF ORANGE GENERAL PLAN
The Project site is designated Light Industrial (LI) in the City of Orange General Plan, as depicted on Figure 2-5, Existing General Plan Land Use Designations. The Light Industrial designation allows for the manufacturing, processing, and distribution of goods. W holesale activities associated with industrial operations, as well as small-scale, support retail, service commercial, and office use may also be established in areas with ready access to major circulation routes. A 3-story building height limit and maximum floor area ratio of 1.0 applies within the Light Industrial designation. (Orange, 2015a)
2.4.2 ZONING
According to the City of Orange Zoning Map, and as shown on Figure 2-6, Existing Zoning Designations, the Project site is zoned as Industrial Manufacturing (M -2) (Orange, 2020). The M -2 zone intends to provide the continuation and development of heavy manufacturing industries in a location where they are compatible with and will not adversely impact adjacent land uses. This zone classification implements the Light Industrial General Plan land use designation.
2.5 EXISTING PHYSICAL SITE CONDITIONS
2.5.1 NATURAL RESOURCES AND TOPOGRAPHIC FEATURES
According to the Natural Resources Element of the City’s General Plan, portions of the City of Orange are characterized by scenic vistas that include hillsides, ridgelines, or open space areas that provide a unifying visual backdrop to the urban environment. The Project site is within the western portion of the City, where the topography is relatively flat, and very little open space exists. The Project site does not contain any scenic resources and there are no scenic vistas within proximity to the site. The Project site is within a highly urbanized industrial area.
The City identifies significant wildlife habitat as being in the City’s undeveloped hillside areas, East Orange, and park and open spaces (particularly near Santiago Creek, Santiago Oaks Regional Park, Irvine Regional Park, and Peters Canyon Regional Park) (Orange, 2015b).
534 Struck Avenue Project
Environmental Impact Report 2.0 Environmental Setting
Lead Agency: City of Orange SCH No. 2021090399
The Project site is fully developed within an urbanized setting and there are no natural habitats on the Project site or immediately surrounding area. Additionally, the Project is located outside the identified wildlife corridors. According to the City’s General Plan Environmental Impact Report (EIR), urbanized areas provide low habitat value for sensitive species. There are no sensitive species on the Project site or immediately surrounding area. Additionally, there are no areas within the Project’s vicinity which could function as a wildlife corridor or nursery site for wildlife.
2.5.2 AIR QUALITY AND CLIMATE
The Project site is within the South Coast Air Basin (SCAB) within the jurisdiction of the South Coast Air Quality Management District (South Coast AQMD). Under the Air Quality Management Act, the South Coast AQMD is responsible for bringing air quality in areas under its jurisdiction into conformity with federal and State air quality standards. The SCAB is a 6,745-square mile subregion of the South Coast AQMD that includes portions of Los Angeles, Riverside, and San Bernardino Counties, and all of Orange County.
Refer to EIR Subsections 4.1, Air Quality, and 4.6, Greenhouse Gas Emissions, for a more detailed discussion of the existing air quality and climate setting in the Project area.
2.5.3 CULTURAL RESOURCES & TRIBAL CULTURAL RESOURCES
The Project site is not designated as a historic resource nor is the site proposed as a historic resource ; no listed or designated historical resources are in proximity to the Site (Orange, 2015c). Additionally, no cultural resources have been recorded within the Project site (Duke, 2021). However, two potential historic resources were recorded within one -half mile of the Project: P -30-176663 and P-30-159932.
P-30-176663 is a portion of the OCTA/SCRRA Railroad located a one -half mile southwest of the Project site. This portion of the OCTA/SCRRA Railroad was determined ineligible for listing on the National Registry of Historic Places (NRHP) because it is currently in use and has had continual maintenance and upgrades necessary for modern rail and thus diminished the historic integrity. P -30- 159932 consists of several buildings located in the Old Towne Orange Historic District and is listed on the NRHP (No. 97000617).
Refer to EIR Subsections 4.3, Cultural Resources , and 4.11, Tribal Cultural Resources , for a more detailed discussion of the existing cultural and tribal resources setting in the Project area.
2.5.4 GEOLOGY
The Project site is located within the highly seismic Southern California region within the influence of several fault systems. The Project site is not within a State of California Alquist-Priolo Earthquake Fault Zone. Additionally, the Project site is not within any other fault zone. The San Joaquin Hills and Elsinore fault zones are located approximately 7.5 miles to the south and 8.3 miles to the northeast, respectively, of the Project site (GeoTek, 2020a).
534 Struck Avenue Project
Environmental Impact Report 2.0 Environmental Setting
Lead Agency: City of Orange SCH No. 2021090399
2.5.5 HYDROLOGY
The Project site is within the Santa Ana River Basin and within the Coastal Plain of Orange County Basin (Basin 8-1). Under existing conditions, the Project site slopes down at approximately 1 percent grade to the west. The existing drainage pattern for the site is characterized by draining south to north and east to west. Most of the on-si te flows drain to a ribbon gutter located on the western side of the site that conveys flows off-site to Struck Avenue without mitigation or treatment. The eastern portion of the site, including the existing railroad track, drains south to north along an existing curb and gutter.
All flows from the eastern portion of the Site also drain north towards Struck Avenue. Flows exiting the site are captured in a set of catch basins located at the Struck Avenue/Batavia Street intersection.
From this catch basin flows are conveyed into an existing 33-inch storm drain, which transitions to a 36-inch storm drain just west of the site to Collins Channel and ultimately the Santa Ana River.
According to the Federal Emergency Management Agency (FEMA) flood map No. 06059C0161J, the Project site is within Zone X (Unshaded), an area of minimal flood hazard (FEMA, 2009). The Project does not have the potential to impede or redirect flood flows.
Refer to EIR Subsection 4.8, Hydrology and Water Quality , for a more detailed discussion of the Project’s Site existing hydrology and water quality setting.
2.5.6 NOISE
Noise generated at the Project site under existing conditions is limited to surface street vehicle noise which includes auto and heavy truck activities on the surrounding roadways (Struck Avenue, Collins Avenue, Parker Street, and Brenna Lane) and the railroad tracks located east of the Project site.
Refer to EIR Subsection 4.9, Noise, for a more detailed discussion of the Project’s Site existing noise setting.
2.5.7 TRANSPORTATION
As stated, the Project site is located south of Struck Avenue and east of North Parker Avenue. Struck Avenue is classified as a Collector Street (2 lanes undivided), Batavia Street (located approximately
0.1-mile west of the Project site ) is classified as a Primary Arterial (4 lanes divided), and Katella Avenue (located approximately 0.2-mile north of the Project site ) is classified as a Smart Street (6 -8 lanes divided). Additionally, the Katella Avenue/Batavia Street intersection is identified as a critical intersection, which is an intersection that deviates from the City’s typical design standards by increasing the number of lanes at an intersection beyond what typically would be required. By increasing capacity at the critical intersection, the circulation link increases overall system capacity (Orange, 2015d).
The Orange County Transit Authority (OCTA) provides bus service for the City (Orange, 2015d). The nearest bus stop to the Project site is the Route 50 Katella-Batavia bus stop operated by OCTA located approximately 0.2-mile (approximate 4-minute walk) northwest. 534 Struck Avenue Project
Environmental Impact Report 2.0 Environmental Setting
Lead Agency: City of Orange SCH No. 2021090399
The Project site is not located in any of the key commercial corridors of the pedestrian-oriented streetscape master plan as identified by the City. The Project site is within an urbanized and industrial portion of the City that is not conducive to walking. Under existing conditions, sidewalks are provided along Struck Avenue, except along the Project’s site frontage.
As previously discussed, the Project site is within an industrialized area of the City. T here are no existing or proposed bicycle facilities in the Project area.
Refer to EIR Subsection 4.10, Transportation, for a more detailed discussion of the Project site ’s existing transportation setting.
2.5.8 UTILITIES AND SERVICE SYSTEMS
The City of Orange Water Division provides potable water service (water supplies include imported water, groundwater, and surface water) to over 139,000 residents within the City’s 32 square -mile planning area, including the Project site . The Orange County Sanitation District (OCSD) provides wastewater services to the City and to the Project site.
Under existing conditions, the Project site is served by Southern California Edison (SCE) for electrical power, Southern California Gas Company (SoCal Gas) for natural gas, and AT&T for telephone and fiber optics.
534 Struck Avenue Project
Environmental Impact Report 3.0 Project Description
Lead Agency: City of Orange SCH No. 2021090399
3.0 PROJECT DESCRIPTION
This section will provide all of the information required for an EIR Project Description by CEQA Guidelines §15124, including a description of the Project’s precise location and boundaries; a statement of the Project’s objectives; a description of the Project’s technical, economic, and environmental characteristics; and a description of the intended use of this EIR, including a list of the government agencies that are expected to use this EIR in their decision-making process; a list of the permits and approvals that are required to implement the project; and a list of related environmental review and consultation requirements.
3.1 REGIONAL SETTING
The Project site is located at 534 Struck Avenue in the City of Orange, Orange County, California. As shown in, Figure 2-1, Regional Location Map, the City of Orange (City) is in the north-central portion of Orange County. The city of Anaheim borders the City to the north and northwest. The city of Garden Grove borders the west and the cities of Santa Ana and Tustin, and unincorporated Orange County border the City to the east and south. Interstate 5 (I-5) is located approximately 2.0 miles southwest of the Project site and State Route 57 (SR-57) is located approximately 1.26 to the west. Regional access to the site is provided by SR-57 via Katella Avenue located approximately 1.26 miles west.
3.2 PROJECT LOCATION AND SETTING
As shown in Figure 2-2, Local Vicinity Map, the approximate 9.94-acre Project site (Assessor Parcel Number [APN] 375-331-04) is generally located north of Collins Avenue, east of Batavia Street, south of Struck Avenue, and west of the Orange County Transportation Authority/ Southern California Regional Rail Authority (OCTA/SCRRA) Railroad.
Until the end of 2020, the Project site was occupied by Nursery Supplies, Inc., a manufacturer of plastic nursery planting pots. Site improvements consist of an approximate 40,000 square -foot concrete tilt- up building and parking lot, as shown in Figure 3-1, Existing Site Plan . The Project site contains ornamental landscaping along the site’s frontage at Struck Avenue.
The site is accessed via three two -way driveways along Struck Avenue. Additionally, there is an existing, private railroad track on the eastern portion of the Project site that connects to t he OCTA/SCRRA Railroad track. Nursery Supplies Inc., did not utilize this the private railroad, but utilized the larger OCTA/SCRRA Railroad track located east of the on-site private railroad track.
3.3 STATEMENT OF OBJECTIVES
The fundamental purpose and goal of the Project is to accomplish the orderly development of an appropriately zoned and designated truck terminal in the City of Orange while also contributing to increased employment opportunities within the area. The project objectives have been refined throughout the planning and design process for the proposed Project and are listed below:
534 Struck Avenue Project
Environmental Impact Report 3.0 Project Description
Lead Agency: City of Orange SCH No. 2021090399
• Create a professional, well -maintained and attractive environment for the development of a truck terminal consistent with the underlying zoning adjacent to nearby transportation routes, including State Route 57 (SR-57) and Interstate 5 (I-5).
• Provide the entitlements and framework for the development of a truck terminal with warehouse and office spaces that are responsive to local and regional trade demands.
• Provide development that will enhance the City’s economic well -being and employment opportunities for community residents.
• Develop the site with a use that has architectural design and operational characteristics that are compatible with other existing and planned developments in the local area.
• Provide a fully secured premise with active management to strengthen the security and safety for the local area.
• Redevelop the Project site with a new modern building that meet current California Buil ding Code and California Green Building Code Stands with increased energy efficiency with existing available infrastructure.
3.4 PROPOSED PROJECT
The purpose of the Project is to implement the City’s vision of redeveloping underutilized parcels with intensified uses, such as truck terminal, warehousing, light industrial, manufacturing, and fulfillment centers. The Project involves the demolition of the existing 40,000 square foot (sf) manufacturing facility, see Figure 3-1, and redevelopment of the Project site. Redevelopment of the Project site would also include the removal of the existing, unused private r ailroad spur located on the east side of the site.
The Project entails a proposed Conditional Use Permit No. 3137-21, Major Site Plan Review No. 1039- 21, and Design Review No. 5028-21. The Project Applicant is proposing to redevelop the site with a 57,900 sf truck terminal, that includes 52,900 sf of warehouse space and 5,000 sf of office space, and a 5,400-sf maintenance building as shown in Figure 3-2, Truck Terminal Site Plan . The proposed building would be 45 ft in height and include 84 dock doors in a cross-dock configuration. The Project would provide automobile parking stalls in excess of the requirements of the Orange Municipal Code (OMC), which require 47 automobile parking stalls. The Project would provide a total of 62 automobile parking stalls consisting of 59 standard parking stalls, 2 standard accessible parking stalls, and one 12 ft by 18 ft accessible parking stall. Additionally, the Project would provide 188 trailer parking stalls.
534 Struck Avenue Project
Environmental Impact Report 3.0 Project Description
Lead Agency: City of Orange SCH No. 2021090399
Ornamental landscaping, lighting, and walls would be installed per compliance with the OMC. The building would operate 24 hours a day, 7 days a week. It is anticipated that the facility would employ approximately 60 to 130 employees.
The Project would be developed in compliance with applicable provisions of the City’s Municipal Code, including established development standards. A description of the Project components is provided below.
3.4.1 BUILDING CHARACTERISTICS AND OPERATIONS
Development of the truck terminal would replace the existing building with a new modern building elevation. As shown in Figure 3-3, Architectural Elevation, the proposed building would consist of concrete tilt-up panels. The north elevation facing Struck Avenue would feature a neutral color palette consisting of grays and whites, dark green accents, and green reflective glazing. The east and west elevations consist of 84 dock doors. The 45-foot-tall building would be setback 10 feet from Struck Avenue. A maintenance building at the southwest portion of the property would be constructed behind the facility, out of sight from public views. The final design and architectural style of the proposed buildings are subject to review and approval by the City’s Design Review Committee.
At the time this EIR was prepared, the future occupant(s) of the proposed buildings is unknown, but is expected to house a tenant that provides l ess than truckload (LTL) Freight services. For purposes of evaluation in this EIR, the Project is assumed to be operational 24 hours per day, 7 per week, with exterior loading and parking areas illuminated at night. The buildings are designed such that business operations would be conducted within the enclosed building, with the exception of traffic movement, parking, and the loading and unloading of tractor trailers at designated loading bays located to the east and west of the building. The outdoor cargo handling equipment used during loading, and unloading of trailers (e.g., yard trucks, hostlers, yard goats, pallet jacks, forklifts) is expected to be non-diesel powered per contemporary industry standards. As a practical matter, dock doors on warehouse buildings are not occupied by a truck at all times of the day. There are typically many more dock door positions on warehouse buildings than are needed for receiving and shipping volumes. The dock doors that are in use at any given time are usually selected based on interior building operation efficiencies.
In other words, trucks dock in the position closest to where the goods carried by the truck are stored inside the warehouse. As a result, many dock door positions are frequently inactive throughout the day.
It should also be noted that pursuant to the CEQA , this Project EIR could have assumed the prior operator’s activities in the existing baseline condition. For many decades the site was actively operated with manufacturing uses that created traffic, air emi ssions, etc. However, in an effort to be conservative, this Project EIR did not take credit for any historical operations and this EIR analyzes the proposed Project as if the site were vacant and as if all of the attendant impacts emanating from the Project site are new – when in fact this is not the case . Thus, the reader should note that the Project EIR reflects a highly conservative estimation of potential environmental impacts and likely overstates potential Project impacts.
534 Struck Avenue Project
Environmental Impact Report 3.0 Project Description
Lead Agency: City of Orange SCH No. 2021090399
3.4.2 TRAFFIC, CIRCULATION AND PARKING
A. Traffic
Based on a Project -specific analysis conducted by Urban Crossroads, Inc. ( Technical Appendix K1), and as discussed in Subsection 4.10, Transportation, to this EIR, the proposed Project is estimated to generate a total of 396 two-way daily trips with 26 AM peak hour trips and 23 PM peak hour trips.
B. Vehicle Circulation
Vehicular access to the site is currently provided via three two-way driveways along Struck Avenue.
With the Project, vehicular access to the Project site would be provided via two driveways along the site’s northern border along Struck Avenue. Emergency vehicle circulation will be provided from all site vehicular access areas.
The proposed building would generate truck-trailer trips, and trucks would be required to utilize City- designated truck routes to and from the Project site. The implementation of the Project would not require widening of surrounding roadways to accommodate truck-trailer traffic. Truck-trailers would travel to and from the site from the SR-57 and Katella Avenue. Katella Avenue adjacent to the Project is identified as a truck route. Truck-trailer travel would be limited to:
• Truck-trailers exiting the site would travel west on Struck Avenue, turn right onto northbound Batavia Street and turn left onto westbound Katella Avenue to access the SR-57.
• Truck-trailers entering the site would exit the SR-57 at Katella eastbound, turn right at Batavia Street southbound, and turn left onto Struck Avenue eastbound.
• Traveling eastbound from SR-57 on Katella Avenue, t ruck-trailers would be prohibited from turning right onto Struck Avenue to access the site. West of Batavia Street, all eastbound and westbound truck-trailer movement will occur on Katella Avenue.
C. Parking
Under existing conditions, the Project site contains 70 vehicular parking stalls and 81 trailer parking stalls (a total of 151 parking stalls). The Project would remove approximately 315 linear feet of on- street parking along Struck Avenue which equates to approximately 20 parking stalls (315 feet/16 feet) in accordance to the City’s plans for Struck Avenue.
According to the OMC, Chapter 17.34, Off-Street Parking and Loading, the Project is required to provide 47 parking stalls. The Project would construct 62 passenger car parking stalls (including 3 accessible parking spaces) and 188 trailer parking stalls (for a total of 250 parking stalls) on-site.
534 Struck Avenue Project
Environmental Impact Report 3.0 Project Description
Lead Agency: City of Orange SCH No. 2021090399
D. Landscaping, Lighting, and Walls
As depicted in Figure 3-4, Conceptual Landscape Plan, the Project Applicant will incorporate ornamental landscaping at the site’s frontage along Struck Avenue and add the southwest and southeast corners of the site. A comprehensive landscape plan will be provided for the Project, which includes a variety of new trees, shrubs, and groundcover. The Project is proposing to plant 78 trees (24-inch to 48-inch box) and would be required to comply with the landscape standards established in the OMC (Chapter 16.50, Landscape Requirements).
Exterior lighting would be installed on- site, as necessary, for safety and security. Decorative architectural lighting would also be installed to accent building entries as focal points throughout the site.
The Project Applicant would install an approximately 8-foot-high tubular steel fencing along the site’s perimeter to enclose the proposed building, parking area, truck court, and loading dock area. The fence would also serve as a safety precaution to protect visitors and/or employees on-site from vandalism and theft and from traversing the OCTA/SCRRA Railroad track immediately east of the site.
3.5 PROJECT CONSTRUCTION DETAILS
A. Proposed Physical Disturbances
As shown in Figure 3-5, Proposed Grading Plan, approximately 3,799 cubic yards of imported soil is required to balance the site. To be conservative and for purposes of the analysis of construction-related impacts, approximately 1,000 cubic yards of soil export has been assumed. Soil haul would require 24 haul trips over a 25-day period 1. Haul trucks would utilize Batavia and Katella to reach the SR-57 Freeway. Additionally, approximately 10,905 tons of concrete and asphalt will be crushed and reused onsite. Ground disturbance will involve approximately 20 feet in depth for the water quality BMPs in the northwest corner of the Project, 12 feet for utilities, and 5 feet in depth for t he remainder of the Project.
1 Based on the total import/export quantity of ~4,799 cubic yards, CalEEMod assumes a default of 16 cubic yard haul capacity per load (4,799 CY/16 CY x 2 (two-way trips) / 25 days = ~24 haul truck trips [two-way]).
534 Struck Avenue Project
Environmental Impact Report 3.0 Project Description
Lead Agency: City of Orange SCH No. 2021090399
B. Timing of Construction Activities
The Project would be developed in one phase for a duration of 16 months. Construction is expected to commence in July 2023 and will last through November 2024. The construction schedule utilized in the analysis, represents a “worst-case” analysis scenario should construction occur any time after the respective dates since emission factors for construction decrease as time passes and the analysis year increases due to emission regulations becoming more stringent. The duration of construction activity and associated equipment represents a reasonable approximation of the expected construction fleet .
The anticipated duration of each phase of construction is identified in Table 3-1, Construction Activity Phases and Durations.
Table 3-1 Construction Activity Phases and Durations
Phase Name Days
Demolition 90
Site Preparation 5
Grading 25
Building Construction 230
Paving 60
Architectural Coating 30
C. Anticipated Construction Equipment
For analytical purposes, the construction equipment list is be based on CalEEMod default settings and confirmed with the Project Applicant as being reasonable. According to the City, construction activities are allowed from 7:00 a.m. to 8:00 p.m. Monday through Saturday and are prohibited Sundays and federal holidays. Consistent with industry standards and typical construction practices, each piece of equipment will operate up to a total of eight (8) hours per day, or more than two-thirds of the period during which construction activities are allowed pursuant to the code. It should be noted that most pieces of equipment would likely operate for fewer hours per day. The anticipated construction equipment requirements are identified in Table 3-2, Construction Equipment Requirements.
534 Struck Avenue Project
Environmental Impact Report 3.0 Project Description
Lead Agency: City of Orange SCH No. 2021090399
Table 3-2 Construction Equipment Requirements
Activity Equipment Number Hours Per Day
Demolition
Concrete/Industrial Saws 1 8
Excavators 3 8
Rubber Tired Dozers 2 8
Site Preparation
Rubber Tired Dozers 3 8
Tractors/Loaders/Backhoes 4 8
Grading
Excavators 1 8
Graders 1 8
Rubber Tired Dozers 1 8
Tractors/Loaders/Backhoes 5 8
Building Construction
Cranes 1 8
Forklifts 3 8
Generator Sets 1 8
Tractors/Loaders/Backhoes 3 8
Welders 1 8
Paving
Pavers 2 8
Paving Equipment 2 8
Rollers 2 8
Architectural Coating Air Compressors 1 8
3.6 SUMMARY OF REQUESTED ACTIONS
The City of Orange has primary approval responsibility for the proposed Project. As such, the City serves as the Lead Agency for this EIR pursuant to CEQA Guidelines § 15050. The role of the Lead Agency was previously described in detail in Section 1.0 of this EIR. As part of the approval process for the proposed Project, the City’s City Council will hold public hearing to consider the certification of the EIR. The City Council will decide whether to approve, approve with changes, or deny this Project. The anticipated approvals required for the project are summarized below:
• Certification of the 534 Struck Avenue Project Environmental Impact Report
• Adoption of the Mitigation Monitoring and Reporting Program
• Approval of Conditional Use Permit No. 3137-21, Major Site Plan Rev iew No. 1039-21, Design Review No. 5028-21, and Environmental Review No. 1870-20
534 Struck Avenue Project
Environmental Impact Report 4.0 Environmental Analysis
Lead Agency: City of Orange SCH No. 2021090399
4.0 ENVIRONMENTAL ANALYSIS
4.0.1 SUMMARY OF EIR SCOPE
In accordance with CEQA Guidelines Sections 15126-15126.4, this EIR Section includes analyses of potential direct, indirect, and cumulatively-considerable impacts that could occur from planning, constructing, and/or operating the proposed Project.
The City of Orange distributed a NOP for this EIR to public agencies and interested individuals and posted the NOP on its website to solicit input on the scope of environmental study for the Project. The City of Orange also held two EIR Scoping Meetings to solicit input from the general public on the scope of environmental analysis for the Project. Taking all known information and public comments into consideration, 11 primary environmental subject areas are evaluated in detail in this Section 4.0, as listed below. Each subsection evaluates several specific topics related to the primary environmental subject. The title of each subsection is not limiting; therefore, refer to each subsection for a full account of the subject matters addressed therein.
4.1 Air Quality
4.2 Biological Resources
4.3 Cultural Resources
4.4 Energy
4.5 Geology and Soils
4.6 Greenhouse Gas Emissions
4.7 Hazards and Hazardous Materials
4.8 Hydrology and Water Quality
4.9 Noise
4.10 Transportation
4.11 Tribal Cultural Resources
After conducting preliminary research and in consi deration of all comments received by the City on the scope of this EIR and documented in the City’s administrative record, the City determined that the Project clearly had no potential to result in significant impacts to nine (9) environmental subjects :
Aesthetics, Agriculture and Forestry Resources; Land Use and Planning; Mineral Resources; Population and Housing; Public Services; Recreation; Utilities and Service Systems; and Wildfire.
These nine subjects are discussed in Section 5.0, Other CEQA Considerations.
4.0.2 ANALYSIS FORMAT
Subsections 4.1 through 4.11 of this EIR evaluate the 11 environmental subjects warranting detailed analysis as determined by the City in consideration of preliminary research findings, public comments, and technical study. The format of discussion is standardized as much as possible in each section for ease of review. The environmental setting is discussed first, followed by a discussion of the potential environmental impacts that would result from implementation of the Project (which is based on specified thresholds of significance used as criteria to determine whether potential environmental effects are significant).
The thresholds of significance used in this EIR are based on the thresholds of significance identified in Appendix G to the CEQA Guidelines. The thresholds are intended to assist the reader of this EIR in 534 Struck Avenue Project
Environmental Impact Report 4.0 Environmental Analysis
Lead Agency: City of Orange SCH No. 2021090399
understanding how and why this EIR reaches a conclusion that an impact would or would not occur, is significant, or is less than significant.
Serving as the CEQA Lead Agency for this EIR, the City is responsible for determining whether an adverse environmental effect identified in this EIR should be classified as significant or less than significant. The standards of significance used in this EIR are based on the independent judgment of the City, taking into consideration the City’s General Plan, the Orange Municipal Code and adopted City policies, the judgment of the technical experts that prepared this EIR’s Technical Appendices, performance standards adopted, implemented, and monitored by regulatory agencies, and significance standards recommended by regulatory agencies.
As required by CEQA Guidelines Section 15126.2(a), Project-related effects on the environment are characterized in this EIR as direct, indirect, cumulatively considerable, short-term, long-term, on-site, and/or off-site impacts. A summarized “impact statement” is provided in each subsection following the analysis. Each subsection also includes a discussion or listing of the applicable regulatory criteria (laws, policies, regulations) that the Project and its implementing actions are required to comply with (if any). If impacts are identified as significant after mandatory compliance with regulatory criteria, feasible mitigation measures are presented that would either avoid the impact or reduce the magnitude of the impact. For any impact identified as significant and unavoidable, the City would be required to adopt a statement of overriding considerations pursuant to CEQA Guidelines Section 15093 in order to approve the Project despite its significant impact(s) to the environment. The statement of overriding considerations would list the specific economic, legal, social, technological, and other benefits of the Project, supported by substantial evidence in the Project’s administrative record, that outweigh the unavoidable impacts.
4.0.3 SCOPE OF CUMULATIVE EFFECTS ANALYSIS
CEQA requires that an EIR contain an assessment of the cumulative impacts that may be associated with a project. As noted in CEQA Guidelines Section 15130(a), “an EIR shall discuss cumulative impacts of a project when the project’s incremental effect is cumulatively considerable.” “A cumulative impact consists of an impact which is created as a result of the combination of the project evaluated in the EIR together wit h other projects creating related impacts” (CEQA Guidelines Section 15130(a)(1)). As defined in CEQA Guidelines Section 15355:
‘Cumulative Impacts’ refers to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.
(a) The individual effects may be changes resulting from a single project or a number of separate projects.
(b) The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other 534 Struck Avenue Project
Environmental Impact Report 4.0 Environmental Analysis
Lead Agency: City of Orange SCH No. 2021090399
closely related past, present, and reasonably foreseeable probable future projects.
Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.
CEQA Guidelines Section 15130(b) describes two acceptable methods for identifying a study area for purposes of conducting a cumulative impact analysis. These two approaches include: “1) a list of past, present, and probable future projects producing related or cumulative impacts, including if necessary, those projects outside the control of the agency [‘the list of projects approach’], or 2) a summary of projections contained in an adopted general plan or related planning document, or in a prior environmental document which has been adopted or certified, which described or evaluated regional or area wide conditions contributing to the cumulative impact [‘the summary of projections approach’].”
The cumulative impact analysis in this EIR uses bot h Methods 1) list of projects and 2) summary of projections approach). Method 2 uses the City of Orange’s 2010 General Plan and Land Use Element, which were adopted by the City Council in March 2010. Cumulative impact analyses will use the projections in the long-range planning documents–such as Orange’s General Plan, Southern California Association of Governments’ in its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and South Coast Air Quality Management District’s 2016 Air Quality Management Plan (AQMP). This information was supplemented with a list of related projects (Method 1), described in detail below. The potential buildout under the General Plan’s implementation would result in 65,680 residential units, 70,001 square feet of non-residential uses, and a population of 191,715 in the City and its sphere of influence.
Cumulative impact analyses for several topical sections are also based on the most appropriate geographic boundary for the respective impact. For example, cumulative air quality impacts are based on the South Coast Air Basin (SCAB), which includes other jurisdictions besides the City of Orange.
The approach is further discussed below and in each respective topical section. Several potential cumulative impacts that encompass regional boundaries (e.g., air quality, greenhouse gases, transportation) have been addressed in the context of various regional plans and defined significance thresholds. Following is a summary of the approach and extent of cumulative impacts, which is further detailed in each topical environmental section.
• Air Quality. Air quality impacts are based on the regional boundaries of the SCAB.
• Biological Resources. Biological resources impacts are based on the City boundary.
• Cultural Resources. Cultural resources impacts are site specific and generally do not combine to result in cumulative impacts. The cumulative analysis of cultural and historical resources includes the Project site and immediately surrounding area.
534 Struck Avenue Project
Environmental Impact Report 4.0 Environmental Analysis
Lead Agency: City of Orange SCH No. 2021090399
• Energy. Energy impacts are based on the service areas of Southern California Edison and SoCalGas.
• Geological Resources. Geologic and soils impacts are site specific and generally do not combine to result in cumulative impacts. However, the cumulative analysis considers t he Project site and nearby related projects (see Table 4.0-1).
• Greenhouse Gas (GHG) Emissions. Potential GHG impacts are not bounded by geography but affect global climate change. The assessment of cumulative GHG impacts, therefore, is based on consistency with South Coast AQMD’s GHG emissions threshold to achieve targeted reductions.
• Hazards and Hazardous Materials. Cumulative analysis highlights the regulatory requirements related to the storage, handling, and use of hazardous substances. Project impacts, however, are site specific, and generally would not combine with impacts of other projects to result in cumulatively considerable impacts. However, the cumulative analysis considers the Project site and nearby related projects (see Table 4.0-1).
• Hydrology and Water Quality. Hydrology and water quality impacts are based on the boundaries of the Santa Ana River watershed.
• Noise. Cumulative traffic noise is assessed relative to applicable City General Plan noise-level standards and considers development of the proposed Project in conjunction with other development projects in the vicinity of the Project site. The study area is aligned with the traffic study area.
• Transportation. The traffic study considers both project -specific impacts and the proje ct’s cumulative contribution to traffic in the project vicinity. To account for background traffic growth, an ambient growth factor from Existing (2022) conditions of 4.04% (2 percent per year, compounded over 2 years) is included for Opening Year Cumulati ve (2024) traffic conditions. Conservatively, the traffic analysis estimates the area ambient traffic growth and then adds traffic generated by other known or probable related projects.
Additionally, the proposed Project falls under the VMT impact thresholds, and the cumulative transportation analysis reviews State and regional long-term VMT and GHG reduction goals.
• Tribal Cultural Resources. Considers Native American territory that includes the Project site and surrounding area, as provided by the Native American Heritage Commission. 534 Struck Avenue Project
Environmental Impact Report 4.0 Environmental Analysis
Lead Agency: City of Orange SCH No. 2021090399
4.0.4 RELATED PROJECTS
The list of related projects was prepared based the Project’s Traffic Analysis (Technical Appendix K1) in coordination with the City. A total of 5 cumulative projects were identified in the study area for the traffic study, shown on Table 4.0-1, Cumulative Development Land Use Summary, and Figure 4.0-1, Cumulative Development Location Map.
Table 4.0-1 Cumulative Development Land Use Summary
ID Project/Location Land Use Quantity Units
01 759 N. Eckhoff Street Warehousing 290.900 TSF
02 500 W. Collins Avenue Warehousing 128.953 TSF
03 637 W. Struck Avenue Multifamily (Low-Rise) Residential 62 DU 04 1325 W. Katella Avenue Car Wash 13.860 TSF
05 1234 N. Main Street Convenience Store Expansion 0.800 TSF DU = Dwelling Units; and TSF = Thousand Square Feet
534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
4.1 AIR QUALITY
The following analysis is based in part on information obtained from a technical report entitled, Air Quality Impact Analysis, which was prepared by Urban Crossroads, Inc., dated January 12, 2023 and is included as Technical Appendix B1 to this EIR (Urban Crossroads, 2023a). Additionally, Urban Crossroads prepared the Mobile Source Health Risk Assessment, which was prepared in January 12, 2023, and is appended to this EIR as Technical Appendix B2 (Urban Crossroads, 2023b). Refer to Section 7.0, References, for a complete list of reference sources.
4.1.1 EXISTING CONDITIONS
A. South Coast Air Basin
The Project site is in the South Coast Air Basin (SCAB) within the jurisdiction of South Coast Air Quality Management District (South Coast AQMD). The South Coast AQMD was created by the 1977 Lewis-Presley Air Quality Management Act, which merged four county air pollution control bodies into one regional district. Under the Act, the South Coast AQMD is responsible for bringing air quality in areas under its jurisdiction into conformity with federal and state air quality standards. As previously stated, the Project site is located within the SCAB, a 6,745-square mile subregion of the S outh Coast AQMD, which includes the non-desert portions of Los Angeles, Riverside, and San Bernardino Counties, and all of Orange County. The SCAB is bounded by the Pacific Ocean to the west and the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, and the San Diego Air Basin to the south.
B. Climate and Meteorology
The regional climate has a substantial influence on air quality in the SCAB. In addition, the temperature, wind, humidity, precipitation, and amount of sunshine influence the air quality. The annual average temperatures throughout the SCAB vary from the low to middle 60s degrees Fahrenheit (°F). Due to a decreased marine influence, the eastern portion of the SCAB shows greater variability in average annual minimum and maximum temperatures. January is the coldest month throughout the SCAB, with average minimum temperatures of 47°F in downtown Los Angeles and 36°F in San Bernardino. All portions of the SCAB have recorded maximum temperatures above 100°F.
Although the climate of the SCAB can be characterized as semi -arid, the air near the land surface is quite moist on most days because of the presence of a marine layer. This shallow layer of sea air is an important modifier of SCAB climate. Humidity restricts visibility in the SCAB, and the conversion of sulfur dioxide (SO
2) to sulfates (SO4) is heightened in air with high relative humidity. The marine layer provides an environment for that conversion process, especially during the spring and summer months.
The annual average relative humidity within the SCAB is 71% along the coast and 59% inland. Since the ocean effect is dominant, periods of heavy early morning fog are frequent and low stratus clouds are a characteristic feature. These effects decrease with distance from the coast.
534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
More than 90% of the SCAB’s rainfall occurs from November through April. The annual average rainfall varies from approximately nine inches in Riverside to fourteen inches in downtown Los Angeles. Monthly and yearly rainfall totals are extremely variable. Summer rainfall usually consists of widely scattered thunderstorms near the coast and slightly heavier shower activity in the eastern portion of the SCAB with frequency being higher near the coast.
Due to its generally clear weather, about three-quarters of available sunshine is received in the SCAB.
The remaining one-quarter is absorbed by clouds. The ultraviolet portion of this abundant radiation is a key factor in photochemical reactions. On the shortest day of the year, there are approximately 10 hours of possible sunshine, and on the longest day of the year, there are approximately 14½ hours of possible sunshine.
The importance of wind to air pollution is considerable. The direction and speed of the wind determines the horizontal dispersion and transport of the air pollutants. During the late autumn to early spring rainy season, the SCAB is subjected to wind flows associated with the traveling storms moving through the region from the northwest. This period also brings five to ten periods of strong, dry offshore winds, locally termed “Santa Anas” each year. During the dry season, which coincides with the months of maximum photochemical smog c oncentrations, the wind flow is bimodal, typified by a daytime onshore sea breeze and a nighttime offshore drainage wind. Summer wind flows are created by the pressure differences between the relatively cold ocean and the unevenly heated and cooled land surfaces that modify the general northwesterly wind circulation over southern California. Nighttime drainage begins with the radiational cooling of the mountain slopes. Heavy, cool air descends the slopes and flows through the mountain passes and canyons as it follows the lowering terrain toward the ocean.
Another characteristic wind regime in the SCAB is the “Catalina Eddy,” a low level cyclonic (counterclockwise) flow centered over Santa Catalina Island which results in an offshore flow to the southwest. On most spring and summer days, some indication of an eddy is apparent in coastal sections.
In the SCAB, there are two distinct temperature inversion structures that control vertical mixing of air pollution. During the summer, warm high-pressure descending (subsiding) air is undercut by a shallow layer of cool marine air. The boundary between these two layers of air is a persistent marine subsidence/inversion. This boundary prevents vertical mixing which effectively acts as an impervious lid to pollutants ov er the entire SCAB. The mixing height for the inversion structure is normally situated 1,000 to 1,500 feet above mean sea level. A second inversion-type forms in conjunction with the drainage of cool air off the surrounding mountains at night followed by t he seaward drift of this pool of cool air. The top of this layer forms a sharp boundary with the warmer air aloft and creates nocturnal radiation inversions. These inversions occur primarily in the winter, when nights are longer and onshore flow is weakest. They are typically only a few hundred feet above mean sea level. These inversions effectively trap pollutants, such as nitrogen oxides (NO X) and carbon monoxide (CO) from
vehicles, as the pool of cool air drifts seaward. Winter is therefore a period of high levels of primary pollutants along the coastline.
The distinctive climate of the Project area and the SCAB is determined by its terrain and geographical location. The SCAB is located in a coastal plain with connecting broad valleys and low hills, bounded 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
by the Pacific Ocean in the southwest quadrant with high mountains forming the remainder of the perimeter. Wind patterns across the south coastal region are characterized by westerly and southwesterly onshore winds during the day and easterly or northeasterly breezes at night. Winds are characteristically light although the speed is somewhat greater during the dry summer months than during the rainy winter season.
C. Criteria Pollutants and Associated Health Effects
Criteria pollutants are pollutants that are regulated by federal and state laws through the development of human health based and/or environmentally based criteria for setting permissible levels. Criteria pollutants, their typical sources, and health effects are identified below:
• Carbon Monoxide (CO) is a colorless, odorless gas produced by the incomplete combustion of carbon-containing fuels, such as gasoline or wood. CO concentrations tend to be the highest in the winter during the morning, when little to no wind and surface-based inversions trap the pollutant at ground levels. CO is emitted directly from internal combustion engines; therefore, motor vehicles operating at slow speeds are the primary source of CO in the SCAB. The highest ambient CO concentrations are generally found near congested transportation corridors and intersections. Individuals with a deficient blood supply to the heart are the most susceptible to the adverse effects of CO exposure.
The effects observed include earlier onset of chest pain with exercise, an d electrocardiograph changes indicative of decreased oxygen supply to the heart. Inhaled CO has no direct toxic effect on the lungs but exerts its effect on tissues by interfering with oxygen transport and competing with oxygen to combine with hemoglobin present in the blood to form carboxyhemoglobin (COHb). Therefore, conditions with an increased demand for oxygen supply can be adversely affected by exposure to CO. Individuals most at risk to the effects of CO include fetuses, patients with diseases involving heart and blood vessels, and patients with chronic oxygen deficiency.
• Sulfur Dioxide (SO2) is a colorless gas or liquid. SO2 enters the atmosphere as a pollutant mainly as a result of burning high sulfur-content fuel oils and coal and from chemical processes occurring at chemical plants and refineries. When SO 2 oxidizes in the atmosphere, it forms sulfates (SO4). Collectively, these pollutants are referred to as sulfur oxides (SO X). SO 2 is a respiratory irritant to people afflicted with asthma. After a cute exposure to SO2, asthma sufferers can experience breathing difficulties, including airway constriction and reduction in breathing capacity. Although healthy individuals do not exhibit similar acute breathing difficulties even after exposure to higher concentrations to SO2, animal studies suggest that very high levels of exposure can cause lung edema (fluid accumulation), lung tissue damage, and sloughing off of cells lining the respiratory tract.
• Nitrogen Oxides (NOX) consist of nitric oxide (NO), nitrogen dioxide (NO2) and nitrous oxide (N2O) and are formed when nitrogen (N2) combines with oxygen (O2). Their lifespan in the atmosphere ranges from one to seven days for nitric oxide and nitrogen dioxide, to 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
170 years for nitrous oxide. Nitrogen oxides a re typically created during combustion processes and are major contributors to smog formation and acid deposition. NO 2 is a criteria air pollutant and may result in numerous adverse health effects; it absorbs blue light, resulting in a brownish-red cast to the atmosphere, and reduced visibility. Of the nitrogen oxide compounds, NO 2 is the most abundant in the atmosphere. As ambient concentrations of NO 2 are related to traffic density, commuters in heavy traffic may be exposed to higher concentrations of NO 2 than those indicated by regional monitoring stations. Population -based studies suggest that an increase in acute respiratory illness, including infections and respiratory symptoms in children (not infants), is associated with long-term exposure to NO 2 at levels higher than ambient levels in Southern California.
Short-term exposure to NO2 can result in resistance to air flow and airway contraction in healthy subjects. Exposure to NO2 can result decreases in lung functions in individuals with asthma or chronic obstructive pulmonary diseases (e.g., chronic bronchitis, emphysema), as these individuals are more susceptible to the effects of NO X than healthy individuals.
• Ozone (O 3) is a highly reactive and unstable gas that is formed when volatile organic compounds (VOCs) and NO X, both byproducts of internal combustion engine exhaust, undergo slow photochemical reactions in the presence of sunlight. Ozone concentrations are generally highest during the summer months when direct sunlight, warm temperatures, and light wind conditions are favorable to the formation of this pollutant. Short -term exposure (lasting for a few hours) to ozone at levels typically observed in Southern California can result in breathing pattern changes, reduction of breathing capacity, increased susceptibility to infections, inflammation of the lung tissue, and some immunological changes. Individuals exercising outdoors, children, and people with preexisting lung disease, such as asthma and chronic pulmonary lung disease, are considered to be the most susceptible sub-groups for ozone effects. An increased risk for asthma has been found in children who participate in multiple sports and res ide in communities with high ozone levels.
• Particulate Matter less than 10 microns (PM
10) is an air pollutant consisting of tiny solid
or liquid particles of soot, dust, smoke, fumes, and aerosols. PM 10 also causes reduced visibility. The size of the part icles (10 microns or smaller, about 0.0004 inches or less) allows them to enter the lungs where they may be deposited, resulting in the adverse health effects discussed below for PM2.5.
• Particulate Matter less than 2.5 microns (PM 2.5) is a similar air pollutant to PM 10 consisting of tiny solid or liquid particles which are 2.5 microns or smaller (which is often referred to as fine particles). The chemical composition of fine particles is highly dependent on location, time of year, and weather conditions. Elevated ambient concentrations of fine particulate matter (PM 10 and PM2.5) have been correlated with an increase in respiratory infections, number, and severity of asthma attacks, and increased hospital admissions.
Some studies have reported an association between long-term exposure to air pollution dominated by fine particles and increased mortality, reduction in life -span, and an 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
increased mortality from lung cancer. Daily fluctuations in PM2.5 concentration levels have also been related to hospital admissions for acute respiratory conditions in children, to a decrease in respiratory lung volumes in normal children, and to increased medication use in children and adults with asthma. Recent studies show lung function growth in children is reduced with long-term exposure to particulate matter. The elderly, people with pre - existing respiratory or cardiovascular disease, and children, appear to be more susceptible to the effects of high levels of PM10 and PM2.5.
• VOCs and Reactive Organic Gasses (ROGs) are hydrocarbon compounds (any compound containing various combinations of hydrogen and carbon atoms excluding CO, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate) that exist in the ambient air. Both VOCs and ROGs are precursors to ozone and contribute to the formation of smog through atmospheric photochemical reactions. VOCs and ROGs have different levels of reactivity; that is, they do not react at the same speed or do not form ozone to the same extent when exposed to photochemical processes. VOCs often have an odor, including such common VOCs as gasoline, alcohol, and the solvents used in paints.
Breathing VOCs can irritate the eye, nose, and throat, which can cause difficulty breathing.
In addition, studies have shown that some VOCs can cause damage to the central nervous system.
• Lead (Pb) is a heavy metal that is highly persistent in the environment. Historically, the primary source of lead in the air was emissions from vehicles burning leaded gasoline.
Currently, emissions of lead are largely limited to stationary sources such as lead smelters, battery manufacturers, and waste incinerators. Exposure to low levels of lead can adversely affect the development and function of the central nervous system, leading to learning disorders, distractibility, inability to follow simple commands, and lower intelligence quotient in children. In adults, increased lead levels are associated with increased blood pressure. Lead poisoning can cause anemia, lethargy, seizures, and death. Fetuses, infants, and children are more sensitive than others to the adverse effects of lead exposure.
D. Existing Air Quality
Existing air quality is measured at established South Coast AQMD air quality monitoring stations.
Monitored air quality is evaluated in the context of ambient air quality standards. These standards are the levels of air quality that are considered safe, with an adequate margin of safety, to protect the public health and welfare. National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) currently in effect are shown in Table 4.1 -1, Ambient Air Quality Standards.
534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
Table 4.1-1 Ambient Air Quality Standards
Pollutant Averaging
Time
California Standards National Standards
Concentrati
on Method Primary Secondary Method
Ozone (O3)
1 Hour 0.09 ppm
(180 μg/m3) Ultraviolet
Photometry
--- Same as
Primary
Standard
Ultraviolet
Photometry 8 Hour 0.070 ppm
(137 μg/m3)
0.070 ppm
(137
μg/m3)
Respirable
Particulate
Matter
(PM10)
24 Hour 50 μg/m3
Gravimetric or
Beta Attenuation
150 μg/m3 Same as
Primary
Standard
Inertial
Separation and
Gravimetric
Analysis
Annual
Arithmetic
Mean
20 μg/m3 ---
Fine
Particulate
Matter
(PM2.5)
24 Hour --- --- 35 μg/m3
Same as
Primary
Standard
Inertial
Separation and
Gravimetric
Analysis
Annual
Arithmetic
Mean
12 μg/m3 Gravimetric or
Beta Attenuation 12.0 μg/m3 15 μg/m3
Carbon
Monoxide
(CO)
1 Hour 20 ppm
(23 mg/ m3)
Non-Dispersive
Infrared
Photometry
(NDIR)
35 ppm
(40 mg/
m3)
---
Non-Dispersive
Infrared
Photometry
(NDIR)
8 Hour 9.0 ppm
(10 mg/ m3)
9 ppm
(10 mg/
m3)
---
8 Hour
(Lake
Tahoe)
6 ppm
(7 mg/ m3) --- ---
Nitrogen
Dioxide
(NO2)
1 Hour 0.18 ppm
(339 μg/ m3) Gas Phase
Chemiluminesce
nce
110 ppb
(188 μg/
m3)
--- Gas Phase
Chemiluminesc
ence Annual
Arithmetic
Mean
0.030 ppm
(57 μg/ m3)
0.053 ppm
(100
μg/m3)
Same as
Primary
Standard
Sulfur
Dioxide
(SO2)
1 Hour 0.25 ppm
(665 μg/ m3)
Ultraviolet
Fluorescence
75 ppb
(196 μg/
m3)
---
Ultraviolet
Fluorescence;
Spectrophotom
etry
(Pararosaniline
Method)
3 Hour --- ---
0.5 ppm
(1300 μg/
m3)
24 Hour 0.04 ppm
(105 μg/ m3)
0.14 ppm
(for certain
areas)
---
Annual
Arithmetic
Mean
---
0.030 ppm
(for certain
areas)
---
534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
Pollutant Averaging
Time
California Standards National Standards
Concentrati
on Method Primary Secondary Method
Lead
30 Day
Average 1.5 μg/ m3
Atomic
Absorption
---
High Volume
Sampler and
Atomic
Absorption
Calendar
Quarter ---
1.5 μg/ m3
(for certain
areas)
Same as
Primary
Standard
Rolling 3-
Month
Average
--- 0.15 1.5
μg/ m3
Visibility
Reducing
Particles
8 Hour
See Footnote
14 in
Technical
Appendix B1.
Beta Attenuation
and
Transmittance
through filter
tape
No National Standards Sulfates 24 Hour 25 μg/ m3 Ion
Chromatography
Hydrogen
Sulfide 1 Hour 0.03 ppm
(42 μg/ m3)
Ultraviolet
Fluorescence
Vinyl
Chloride 24 Hour 0.01 ppm
(26 μg/ m3)
Gas
Chromatography
See footnotes in Table 2-2, Technical Appendix B1.
Source: (Urban Crossroads, 2023a, Table 2-2)
The determination of whether a region’s air quality is healthful or unhealthful is determined by comparing contaminant levels in ambient air samples to the state and federal standards. The most recent state and federal standards were updated by CARB on May 4, 2016. Air quality in a region is considered to be in attainment by the state if the measured ambient air pollutant levels for O 3, CO (except 8-hour Lake Tahoe), SO2 (1 and 24 hour), NO2, PM10, and PM2.5 are not to be exceeded. All others are not to be equaled or exceeded. It should be noted that the three-year period is presented for informational purposes and is not the basis for how the State assigns attainment status. Attainment status for a pollutant means that the S outh Coast AQMD meets the standards set by the EPA or the California EPA (CalEPA). Conversely, nonattainment means that an area has monitored air quality that does not meet the NAAQS or CAAQS standards. In order to improve air quality in nonattainment areas, a State Implementation Plan (SIP) is drafted by CARB. The SIP outlines the measures that the state will take to improve air quality. Once nonattainment areas meet the standards and additional redesignation requirements, the EPA will designate the area as a maintenance area.
E. Regional Air Quality
Air pollution contributes to a wide variety of adverse health effects. The EPA has established NAAQS for six of the most common air pollutants: CO, Pb, O3, particulate matter (PM10 and PM2.5), NO2, and SO2 which are known as criteria pollutants. The South Coast AQMD monitors levels of various criteria 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
pollutants at 37 permanent monitoring stations and 5 single -pollutant source Pb air monitoring sites throughout the air distric t. On January 5, 2021, CARB posted the 2020 amendments to the state and national area designations. The attainment status for criteria pollutants within the SCAB is summarized in Table 4.1-2, Attainment Status of Criteria Pollutants in the South Coast Air Basin.
Table 4.1-2 Attainment Status of Criteria Pollutants in the South Coast Air Basin Criteria Pollutant State Designation Federal Designation O3 – 1-hour standard Nonattainment --
O3 – 8-hour standard Nonattainment Nonattainment
PM10 Nonattainment Attainment
PM2.5 Nonattainment Nonattainment
CO Attainment Unclassifiable/Attainment
NO2 Attainment Unclassifiable/Attainment
SO2 Attainment Unclassifiable/Attainment
Pb1 Attainment Unclassifiable/Attainment
“—” The national 1 -hour O3 standard was revoked effective June 15, 2005.
Source: (Urban Crossroads, 2023a, Table 2-3)
F. Local Air Quality
The South Coast AQMD has designated general forecast areas and air monitoring areas (referred as Source Receptor Areas [SRA]) throughout the district in order to provide Southern California residents data on air quality conditions. The Project site is located SRA 17. Within SRA 17, the I-5 Near Road monitoring station, located 3.63 miles northwest, is the nearest station that provides air quality statistics for CO and NO2. As the I-5 Near Road monitoring station does not provide information for O3, PM10, and PM2.5, statistics from the Central Orange County monitoring station, 4.87 miles northwest of the Project site, were used . It should be noted that the Central Orange County monitoring stations were utilized in lieu of the I-15 Near Road monitoring station only in instances where data was not available.
The most recent three (3) years of data available is shown on Table 4.1-3, Project Area Air Quality Monitoring Summary 2018-2020, and identifies the number of days ambient air quality standards were exceeded for the study area, which is considered to be representative of the local air quality at the Project site. Data for O3, CO, NO2, PM10, and PM2.5 for 2018 and 2020 was obtained from the South Coast AQMD Air Quality Data Tables. Additionally, data for SO 2 has been omitted as attainment is regularly met in the SCAB and few monitoring stations measure SO2 concentrations.
1 The Federal nonattainment designation for lead is only applicable towards the Los Angeles County portion of the SCAB.
534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
Table 4.1-3 Project Area Air Quality Monitoring Summary 2018-2020 Pollutant Standard Year
2018 2019 2020
O3
Maximum Federal 1-Hour Concentration (ppm) 0.112 0.096 0.142 Maximum Federal 8-Hour Concentration (ppm) 0.071 0.082 0.097 Number of Days Exceeding State 1-Hour Standard > 0.09 ppm 1 1 6 Number of Days Exceeding State/Federal 8-Hour Standard > 0.070 ppm 1 1 15 CO
Maximum Federal 1-Hour Concentration > 35 ppm 2.7 2.4 2.4 Maximum Federal 8-Hour Concentration > 20 ppm 2.2 1.3 2.0 NO2
Maximum Federal 1-Hour Concentration > 0.100 ppm 0.066 0.059 0.070 Annual Federal Standard Design Value 0.014 0.013 0.019 PM10
Maximum Federal 24-Hour Concentration (µg/m3) > 150 µg/m3 129 127 120 Annual Federal Arithmetic Mean (µg/m3) 27.2 21.9 23.9
Number of Days Exceeding Federal 24-Hour Standard > 150 µg/m3 0 0 0 Number of Days Exceeding State 24-Hour Standard > 50 µg/m3 13 13 13 PM2.5
Maximum Federal 24-Hour Concentration (µg/m3) > 35 µg/m3 54.10 36.10 41.40 Annual Federal Arithmetic Mean (µg/m3) > 12 µg/m3 11.02 9.32 11.27 Number of Days Exceeding Federal 24-Hour Standard > 35 µg/m3 3 3 1 ppm=Parts Per Million
µg/m3 = Microgram per Cubic Meter
Source: (Urban Crossroads, 2023a, Table 2-4)
4.1.2 REGULATORY FRAMEWORK
The following is a brief description of the federal, S tate, and local environmental laws an d related regulations governing air quality emissions.
A. Federal Regulations
1. Federal Clean Air Act
The Federal Clean Air Act (CAA; 42 U.S.C. § 7401 et seq.) was first enacted in 1955 and has been amended numerous times in subsequent years (1963, 1965, 1967, 1970, 1977, and 1990). The CAA establishes the federal air quality standards, the NAAQS, and spec ifies future dates for achieving compliance. The CAA also mandates that states submit and implement SIPs for local areas not meeting these standards. These plans must include pollution control measures that demonstrate how the 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
standards will be met. The 1990 amendments to the CAA that identify specific emission reduction goals for areas not meeting the NAAQS require a demonstration of reasonable further progress toward attainment and incorporate additional sanctions for failure to attain or to meet interim milestones. The sections of the CAA most directly applicable to the development of the Project site include Title I (Non-Attainment Provisions) and Title II (Mobile Source Provisions). Title I provisions were established with the goal of attaining the NAAQ S for the following criteria pollutants O 3, NO2, SO2,
PM10, CO, PM2.5, and Pb. The NAAQS were amended in July 1997 to include an additional standard for O3 and to adopt a NAAQS for PM 2.5. Table 4.1-2 (previously presented) provides the NAAQS within the SCAB.
Mobile source emissions are regulated in accordance with Title II provisions. These provisions require the use of cleaner burning gasoline and other cleaner burning fuels such as methanol and natural gas.
Automobile manufacturers are also required to reduce tailpipe emissions of hydrocarbons and NO X.
NOX is a collective term that includes all forms of NO X which are emitted as byproducts of the combustion process.
B. State Regulations
1. California Air Resources Board (CARB)
CARB, which became part of CalEPA in 1991, is responsible for ensuring implementation of the California Clean Air Act (AB 2595), responding to the federal CAA, and for regulating emissions from consumer products and motor vehicles . AB 2595 mandates achievement of the maximum degree of emissions reductions possible from vehicular and other mobile sources in order to attain the state ambient air quality standards by the earliest practical date . CARB established the CAAQS for all pollutants for which the federal government has NAAQS and, in addition, establishes standards for SO4, visibility, hydrogen sulfide (H 2S), and vinyl chloride (C 2H3Cl). However, at this time, H 2S and C2H3Cl are not measured at any monitoring stations in the SCAB because they are not considered to be a regional air quality problem. Generally, the CAAQS are more stringent than the NAAQS.
Local air quality management districts, such as the S outh Coast AQMD, regulate air emissions from stationary sources such as commercial and industrial facilities . All air pollution control districts have been formally designated as attainment or non-attainment for each CAAQS. Serious non-attainment areas are required to prepare Air Quality Management Plans (AQMP) that include specified emission reduction strategies in an effort to meet clean air goals. These plans are required to include:
• Application of Best Available Retrofit Control Technology to existing sources;
• Developing control program s for area sources (e.g., architectural coatings and solvents) and indirect sources (e.g., motor vehicle use generated by residential and commercial development);
• A District permitting system designed to allow no net increase in emissions from any new or modified permitted sources of emissions;
534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
• Implementing reasonably available transportation control measures and assuring a substantial reduction in growth rate of vehicle trips and miles traveled;
• Significant use of low emissions vehicles by fleet operators;
• Sufficient control strategies to achieve a 5% or more annual reduction in emissions or 15% or more in a period of three years for ROGs, NOX, CO and PM10. However, air basins may use alternative emission reduction strategy that achieves a reduction of less than 5% per year under certain circumstances.
2. Title 24 Energy Efficiency Standards and California Green Building Standards California Code of Regulations (CCR) Title 24 Part 6: The California Energy Code was first adopted in 1978 in response to a legislative mandate to reduce California’s energy consumption. The standards are updated periodically to allow consideration and pos sible incorporation of new energy efficient technologies and methods. CCR, Title 24, Part 11: California Green Building Standards Code (CALGreen) is a comprehensive and uniform regulatory code for all residential, commercial, and school buildings that went in effect on August 1, 2009, and is administered by the California Building Standards Commission.
CALGreen is updated on a regular basis, with the most recent approved update consisting of the 2022 California Green Building Code Standards that will be effective on January 1, 2023. The CEC anticipates that the 2022 energy code will provide $1.5 billion in consumer benefits and reduce GHG emissions by 10 million metric tons . The Project would be required to comply with the applicable standards in place at the time plan check submittals are made. These are discussed in subsection Title 24 Energy Efficiency Standards and California Green Building Standards of the Technical Appendix B1 of this EIR.
C. Regional Regulations
1. South Coast AQMD Rule 402
A person shall not discharge from any source whatsoever such quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any such persons or the public, or that cause, or have a natural tendency to cause, injury or damage to business or property. The provisions of this rule do not apply to odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals. All uses shall be operated in a manner such that no offensive odor is perceptible at or beyond the property line of that use.
2. South Coast AQMD Rule 403
This rule is intended to reduce the amount of particulate matter entrained in the ambient air as a result of anthropogenic (human-made) fugitive dust sources by requiring actions to prevent and reduce fugitive dust emissions. Rule 403 applies to any activity or human-made condition capable of 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
generating fugitive dust and requires best available control measures to be applied to earth moving and grading activities. Any operation or activity that might cause the emission of any smoke, fly ash, dust, fumes, vapors, gases, or other forms of air pollution, which can cause dam age to human health, vegetation, or other forms of property, or can cause excessive soiling on any other parcel, shall conform to the requirements of the South Coast AQMD.
3. South Coast AQMD Rule 1113
This rule serves to limit the VOC content of architectural coatings used on projects in the South Coast AQMD. This rule applies to any person who supplies, sells, offers for sale, or manufactures any architectural coating for use on projects.
4. South Coast AQMD Rule 1301
This rule is intended to provide that pre -construction review requirements to ensure that new or relocated facilities do not interfere with progress in attainment of the NAAQS, while future economic growth within the South Coast AQMD is not unnecessarily restricted. The specific air quality goal i s to achieve no net increases from new or modified permitted sources of nonattainment air contaminants or their precursors. Rule 1301 also limits emission increases of ammonia, and Ozone Depleting Compounds (ODCs) from new, modified or relocated facilities by requiring the use of Best Available Control Technology (BACT).
5. South Coast AQMD Rule 1401
A person shall not discharge into the atmosphere from any single source of emission whatsoever any air contaminant for a period or periods aggregating more than three minutes in any 1 hour that is as dark or darker in shade as that designated No. 1 on the Ringelmann Chart, as published by the United States (U.S.) Bureau of Mines.
D. Local Regulations
1. City of Orange General Plan
The General Plan identifies goals related to air quality in the Land Use and Natural Resources Elements. The following goals and policies from the Land Use and Natural Resources Elements applicable to the Project include:
GOAL 4.0: Encourage high quality, sustainable, industrial and office uses that provide jobs and revenue; support environmental quality; and promote options for adaptive re-use.
Policy 4.3: Protect residents and the environment from potential adverse soil, air, water, and noise impacts of industrial operations.
GOAL 6.0: Advance development activity that is mutually beneficial to both the environment and the community.
534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
Policy 6.10: Mitigate adverse air, noise, circulation, and other environmental impacts caused by new development adjacen t to existing neighborhoods through use of sound walls, landscaping buffers, speed limits, and other traffic control measures.
GOAL 2.0: Protect air, water, and energy resources from pollution and overuse.
Policy 2.2: Support alternative transportation modes, alternative technologies, and bicycle- and pedestrian-friendly neighborhoods to reduce emissions related to vehicular travel.
4.1.3 METHODOLOGY
In May 2022, South Coast AQMD, in conjunction with the California Air Pollution Control Officers Association (CAPCOA) and other California air districts, released the latest version of the California Emissions Estimator Model (CalEEMod) Version 2022.1. The purpose of this model is to calculate construction-source and operational-source emissions (VOCs, NO X, SOX, CO, PM10, and PM2.5) and
GHG emissions from direct and indirect sources; and quantify applicable air quality and GHG reductions achieved from mitigation measures. Accordingly, the latest version of CalEEMod has been used for this Project to determine construction and operational air quality emissions. Refer to Appendix
3.1 through 3.3 of the Project’s Air Quality Analysis (Technical Appendix B1) for Criteria Air Pollutant CalEEMod Output Files.
A. Project-Related Construction Emissions
1. Construction Activities
Construction activities associated with the Project would result in emissions of VOCs, NOX, SOX, CO, PM10, and PM 2.5. Construction-related emissions are expected from the following construction activities:
• Demolition
• Site Preparation
• Grading
• Building Construction
• Paving
• Architectural Coating
Demolition Activities
The Project site is currently developed with 40,000 sf of existing building for manufacturing use which will be demolished. Based on information provided by the Project Applicant, demolition of the existing structure will result in 10,905 tons of debris.
Grading Activities
Dust is typically a major concern during grading activities. Because such emissions are not amenable to collection and discharge through a controlled source, they are called “fugitive emissions.” Fugitive 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
dust emissions rates vary as a function of many parameters (soil silt, soil moisture, wind speed, area disturbed, number of vehicles, depth of disturbance or excavation, etc.). CalEEMod was utilized to calculate fugitive dust emissions resulting from this phase of activity. Based on information provided by the Project Applicant, the Project will require 3,799 cubic yards to balance the site and 1,000 cubic yards of soil remediation to export. For purposes of analysis, the import and export quantity will be modeled with the CalEEMod default hauling trip length of 20 miles. The Project would require 24 haul trips, which would utilize Batavia Street and Katella Avenue to reach the SR-57 Freeway.
Off-Site Utility and Infrastructure Improvements
To support the Project development, there may be paving for off-site improvements associated with roadway construction and utility installation for the Project. It is expected that the off-site construction activities would not take place at one location for the entire duration of construction. Therefore, impacts associated with these activities are not expected to exceed the emissions identified for Project -related construction activities since the off -site construction areas would have physical constraints on the amount of daily activity that could occur. The physical constraints would limit the amount of construction equipment that could be used, and any off-site and utility infrastructure construction would not use equipment totals that would exceed the equipment totals on Table 3-2.
On-Road Trips
Construction generates on-road vehicle emissions from vehicle usage for workers, vendors, and haul trucks commuting to and from the site.
Worker trips are based on CalEEMod defaults. It should be noted that for vendor trips, specifically, CalEEMod only assigns vendor trips to the Building Construction phase. Vendor trips would likely occur during all phases of construction. As such, the CalEEMod defaults for vendor trips have been adjusted based on a ratio of the total vendor trips to the number of days of each subphase of activity.
2. Construction Duration
For purposes of analysis, construction of Project is expected to commence in July 2023 and would last through November 2024.
The construction schedule utilized in the analysis, shown in Table 3 -1, Construction Activity Phases and Durations , in Section 3.0, Project Description , of this EIR, represents a “worst -case” analysis scenario should construction occur any time after the respective dates with the potential of overlap of construction of the phases, since emission factors for construction decrease as time passes and the analysis year increases due to emission regulations becoming more stringent. The duration o f construction activity and associated equipment represents a reasonable approximation of the expected construction fleet as required per CEQA Guidelines.
3. Construction Equipment
A summary of construction equipment by phase is provided at Table 3-2, Construction Equipment Requirements, in Section 3.0, Project Description, of this EIR. Consistent with industry standards and typical construction practices, each piece of equipment listed in Table 3-2 will operate up to a total of eight (8) hours per day, or more than two-thirds of the period during which construction activities are 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
allowed pursuant to the code. It should be noted that most pieces of equipment would likely operate for fewer hours per day.
B. Project Operational Emissions
Operational activities associated with the Project would result in emissions of VOCs, NOX, SOX, CO, PM10, and PM 2.5. Operational emissions would be expected from Area Source Emissions, Energy Source Emissi ons, Mobile Source Emissions, On-Site Cargo Handling Equipment Emissions, and Stationary Source Emissions. For additional information regarding the calculation of Project operational emissions, please refer to Section 3.5 of the Project’s Air Quality Analysis ( Technical Appendix B1).
1. Area Source Emissions
Area source emissions associated with the Project would occur as a result of architectural coatings, consumer products, and landscape maintenance equipment, as follows:
Architectural Coatings
Over a period of time the buildings that are part of this Project would require maintenance and would therefore produce emissions resulting from the evaporation of solvents contained in paints, varnishes, primers, and other surface coatings. The emissions associated with architectural coatings were calculated using CalEEMod.
Consumer Products
Consumer products include, but are not limited to detergents, cleaning compounds, polishes, personal care products, and lawn and garden products . Many of these products contai n organic compounds which when released in the atmosphere can react to form ozone and other photochemically reactive pollutants. The emissions associated with use of consumer products were calculated based on defaults provided within CalEEMod.
Landscape Maintenance Equipment
Landscape maintenance equipment would generate emissions from fuel combustion and evaporation of unburned fuel. Equipment in this category would include lawnmowers, shedders/grinders, blowers, trimmers, chain saws, and hedge trimmers used to maintain the landscaping of the Project . It should be noted that as October 9, 2021, Governor Gavin Newsom signed AB 1346. The bill aims to ban the sale of new gasoline-powered equipment under 25 gross horsepower (known as small off-road engines [SOREs]) by 2024. For purposes of analysis, the emissions associated with landscape maintenance equipment were calculated based on assumptions provided in CalEEMod.
2. Energy Source Emissions
Criteria pollutant emissions are emitted through the generation of electricity. However, because electrical generating facilities for the Project area are located either outside the region (state) or offset 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
through the use of pollution credits (RECLAIM) for generation within the SCAB, criteria pollutant emissions from offsite generation of electricity are excluded from the evaluation of significance.
3. Mobile Source Emissions
The Project related operational air quality emissions derive primarily from vehicle trips generated by the Project, including employee trips to and from the site and truck trips associated with the proposed uses. In order to determine emissions from passenger car vehicles, CalEEMod defaults for trip length and trip purpose were utilized. Default vehicle trip lengths for primary trips will be populated using data from the local metropolitan planning organizations/Regional Transportation Planning Agencies (MPO/RTPA). Trip type percentages and trip lengths provided by MPO/RTPAs truncate data at their demonstrative borders. This analysis assumes that passenger cars include Light -Duty-Auto vehicles (LDA), Light -Duty-Trucks (LDT1 & LDT2 ), Medium -Duty-Vehicles (MDV), and Motorcycles (MCY) vehicle types. The fleet mix utilized in the analyses can be found in the Project’s Air Quality Analysis (Technical Appendix B1).
To determine emissions from trucks for the proposed industrial uses, the analysis incorporated the South Coast AQMD recommended truck trip length of 15.3 miles for 2-axle (LHDT1, LHDT2), 14.2 miles for 3-axle (MHDT) trucks, and 40 miles for 4+-axle (HHDT) trucks and weighting the average trip lengths using traffic trip percentages. The trip length function for the proposed use has been revised to 30.13 miles and an assumption of 100% primary trips was assumed. Trucks are broken down by truck type. The truck fleet mix is estimated by rationing the trip rates for each truck type based on information provided by the South Coast AQMD recommended truck mix, by axle type. Heavy trucks are broken down by truck type (or axle type) and are categori zed as either Light-Heavy-Duty Trucks (LHDT1 & LHDT2)/2-axle, Medium-Heavy-Duty Trucks (MHDT)/3-axle, and Heavy -Heavy-Duty Trucks (HHDT)/4+-axle.
Vehicles traveling on paved roads would be a source of fugitive emissions due to the generation of road dust inclusive of brake and tire wear particulates. The emissions estimate for travel on paved roads were calculated using CalEEMod.
4. On-site Cargo Handling Equipment Emissions
It is common for industrial buildings to require the operation of exterior cargo handling equipment in the building’s truck court areas. For this Project, on-site modeled operational equipment includes up to one (1) 175 horsepower (hp), natural gas-powered cargo handling equipment – port tractor operating 4 hours a day for 365 days of the year.
C. Localized Pollutant Emissions
Localized emissions associated with Project -related construction and operational activities were calculated and evaluated in accordance with South Coast AQMD’s Final Localized Significance Threshold Methodology (“LST Methodology”). The South Coast AQMD has established that impacts to air quality are significant if there is a potential to contribute or cause localized exceedances of the 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
federal and/or state ambient air quality standards (NAAQS/CAAQS). Collectively, these are referred to as Localized Significance Threshold (LSTs).
For the Project, the appropriate SRA for the LST analysis is the South Coast AQMD I-5 Near Road (SRA 17). LSTs apply to CO, NO 2, PM 10, and PM 2.5. In order to determine the appropriate methodology for determining localized impacts that could occur as a result of Project -related construction, the following process is undertaken:
• Identify the maximum daily on-site emissions that will occur during construction activity:
o The maximum daily on-site emissions could be based on information provided by the Project Applicant; or
o The South Coast AQMD’s Fact Sheet for Applying CalEEMod to Localized Significance Thresholds and CalEEMod User’s Guide Appendix A: Calculation Details for CalEEMod can be used to determine the maximum site acreage that is actively disturbed based on the construction equipment fleet and equipment hours as estimated in CalEEMod.
• If the total acreage disturbed is less than or equal to 5 acres per day, then the South Coast AQMD’s screening look-up tables are utilized to determine if a Project has the potential to result in a significant impact. The look -up tables establish a maximum daily emissions threshold in lbs/day that can be compared to CalEEMod outputs.
• If the total acreage disturbed is greater than 5 acres per day, then LST impacts may still be conservatively evaluated using the LST look-up tables for a 5- acre disturbance area. Use of the 5-acre disturbance area thresholds can be used to show that even i f the daily emissions from all construction activity were emitted within a 5 -acre area, and therefore concentrated over a smaller area which would result in greater site adjacent concentrations, the impacts would still be less than significant if the applicable 5 -acre thresholds are utilized.
• The LST Methodology presents mass emission rates for each SRA, project sizes of 1, 2, and 5 acres, and nearest receptor distances of 25, 50, 100, 200, and 500 meters. For project sizes between the values given, or with receptors at distances between the given receptors, the methodology uses linear interpolation to determine the thresholds.
Based on South Coast AQMD’s LST Methodology, emissions for concern during construction activities are on -site NO
X, CO, PM 2.5, and PM 10. The LST Methodology clearly states that “off-site mobile emissions from the Project should not be included in the emissions compared to LSTs. As such, for purposes of the construction LST analysis, only emissions included in the CalEEMod “on-site” 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
emissions outputs were considered. Detailed information about application of this methodology can be found in the Project’s Air Quality Analysis (Technical Appendix B1).
1. Project-Related Sensitive Receptors Relative to Construction and Operational Activities Some people are especially sensitive to air pollution and are given special consideration when evaluating air quality impacts from projects. These groups of people include children, the elderly, and individuals with pre-existing respiratory or cardiovascular illness. Structures that house these persons or places where they gather are defined as “sensitive receptors.” These structures typically include uses such as residences, hotels, and hospitals where an individual can remain for 24 hours. Sensitive receptors in the Project study area relative to construction and operational activities are described below and shown on Figure 4.1-1, Sensitive Receptor Locations. Localized air quality impacts were evaluated at sensitive receptor land uses nearest the Project site. All distances are measured from the Project site boundary to the outdoor living areas (e.g., backyards) or at the building façade, whichever is closer to the Project site.
R1: Location R1 represents the City of Orange Department of Public Works at 637 West Struck Avenue, approximately 96 feet north of the Project site. Receptor R1 is placed at the building façade.
R2: Location R2 represents the proposed multi -family residential project north of West Struck Avenue, approximately 245 feet north of the Project site. Receptor R2 is placed at the planned future residential building façade.
R3: Location R3 represents Mary's Kitchen at 517 West Struck Avenue, approximately 31 feet north of the Project site. Receptor R3 is placed at the future building façade.
R4: Location R4 represents the Cit rus Grove Apartments at 1120 North Lemon Street, approximately 126 feet northeast of the Project site. Since there are no private outdoor living areas (backyards) facing the Project site, receptor R4 is placed at the building façade.
R5: Location R5 represents the existing residence at 618 West Collins Avenue, approximately 563 feet south of the Project site. Since there are no private outdoor living areas (backyards) facing the Project site, receptor R5 is placed at the building façade.
R6: Location R6 represents Meter Tech Services & Equipment located at 1035 N. Parker Street, approximately 22 feet west of the Project site. Receptor R6 is placed at the building façade.
534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
D. Health Risk Assessment Methodology
The HRA was prepared based on South Coast AQMD guidelines to produce conservative estimates of human health risk posed by exposure to DPM. Emissions calculations for the construction HRA component are based on an assumed mix of construction equipment and hauling activity as presented in the Project’s Air Quality Analysis ( Technical Appendix B1 ). Vehicle DPM emissions were calculated using emission factors for particulate matter less than 10µm in diameter (PM 10) generated with the 2021 version of the EMission FACtor model (EMFAC) developed by CARB. Emission factors calculated using EMFAC 2021 are expressed in units of grams per vehicle miles traveled (g/VMT) or grams per idle-hour (g/idle-hr), depending on the emission process. For this Project, annual average PM10 emission factors were generated by running EMFAC 2021 in project analysis mode for vehicles in the Orange County jurisdiction. The project analysis mode generates emission factors in terms of grams of pollutant emitted per vehicle activity and can calculate a matrix of emission factors at specific values of temperature, relative humidity, and vehicle speed. The model was run for speeds traveled in the vicinity of the Project. For purposes of this analysis, the Lakes AERMOD View (Version 10.2.1) was used to calculate annual average particulate concentrations associated with site operations. Refer to Section 2 of the Project’s Health Risk Assessment (Technical Appendix B2) for a detailed description of HRA methodologies and for the model inputs and equations us ed in the estimation of the Project - related DPM emissions.
The modeled emission sources are illustrated on Figure 4.1-2, Modeled On-Site Emission Source, and Figure 4.1-3, Modeled Off-Site Emission Sources . The modeling domain is limited to the Project’s primary truck route and includes off- site sources in the study area for more than 3/4 mile. This modeling domain is more inclusive and conservative than using only a 1/4 mile modeling domain which is the distance supported by several reputable studies which conclude that the greatest potential risks occur within a ¼ mile of the primary source of emissions (in the case of the Project, the primary source of emissions is the on-site idling and travel).
For purposes of the HRA, receptors include both residential and non-residential (worker) land uses in the vicinity of the Project. These recep tors are included in the HRA since residents and workers may be exposed at these locations over a long-term duration of 30 and 25 years, respectively. This methodology is consistent with South Coast AQMD and OEHHA recommended guidance.
534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
4.1.4 BASIS FOR DETERMINING SIGNIFICANCE
According to Section III of Appendix G to the CEQA Guidelines, the proposed Project would result in a significant impact to air quality if the Project or any Project-related component would (OPR, 2019):
• Conflict with or obstruct implementation of the applicable air quality plan;
• Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard;
• Expose sensitive receptors to substantial pollutant concentrations;
• Result in other emissions (such as those leading to odors ) adversely affecting a substantial number of people.
The South Coast AQMD has developed regional significance thresholds for regulated pollutants, as summarized in Table 4.1 -4, Maximum Daily Regional Emissions Thresholds . The South Coast AQMD’s CEQA Air Quality Significance Thresholds (April 2019) indicate that any projects in the SCAB with daily emissions that exceed any of the indicated thresholds should be considered as having an individually and cumulatively significant air quality impact. These thresholds ha ve been used to determine air quality impacts in this analysis.
Table 4.1-4 Maximum Daily Regional Emissions Thresholds Pollutant Regional Construction Threshold Regional Operational Thresholds NOX 100 lbs/day 55 lbs/day
VOC 75 lbs/day 55 lbs/day
PM10 150 lbs/day 150 lbs/day
PM2.5 55 lbs/day 55 lbs/day
SOX 150 lbs/day 150 lbs/day
CO 550 lbs/day 550 lbs/day
Pb 3 lbs/day 3 lbs/day
Source: (Urban Crossroads, 2023a, Table 3-1)
The South Coast AQMD CEQA Air Quality Handbook (1993) states that emissions of toxic air contaminants (TACs) are considered significant if an HRA shows an increased risk of greater than 10 in one million. Based on guidance from the South Coast AQMD in the document Health Risk Assessment Guidance for Analyzing Cancer Risks from Mobile Source Diesel Idling Emissions for CEQA Air Quality Analysis, for purposes of this analysis, 10 in one million is used as the cancer risk threshold for the proposed Project. An evaluation of the potential noncarcinogenic effects of chronic 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
exposures was also conducted. Adverse health effects are evaluated by comparing a compound’s annual concentration with its toxicity factor or Reference Exposure Level (REL). The REL for diesel particulates was obtained from OEHHA for this analysis. The chronic reference exposure level (REL) for DPM was established by OEHHA as 5 μg/m 3. Details on carcinogenic chemical risk and non- carcinogenic exposures are discussed in Section 2.5 and 2.6 of the Project’s HRA (Technical Appendix B2).
4.1.5 IMPACT ANALYSIS
Threshold a: Would the Project conflict with or obstruct implementation of the applicable air quality plan?
The South Coast AQMD’s 2016 AQMP is the applicable air quality plan for the Project site, which estimates long-term air quality conditions for the SCAB. The 2016 AQMP continues to evaluate current integrated strategies and control measures to meet the NAAQS, as well as explore new and innovative methods to reach its goals. Some of these approaches include utilizing incentive programs, recognizing existing co-benefit programs from other sectors, and developing a strategy with fair-share reductions at the federal, state, and local levels. Similar to the 2012 AQMP, the 2016 AQMP incorporates scientific and technol ogical information and planning assumptions, including the 2016- 2040 Regional Transportation Plan/Sustainable Communities Strategy (2016-2040 RTP/SCS), a planning document that supports the integration of land use and transportation to help the region meet the federal CAA requirements. The Project’s consistency with the AQMP will be determined using the 2016 AQMP as discussed below.
The 2022 AQMP is currently being developed by S outh Coast AQMD to address the EPA’s strengthened ozone standard. Development of the 2022 AQMP is in its early stages and no formal timeline for completion and adoption is currently known.
Criteria for determining consistency with the AQMP are defined in Chapter 12, Section 12.2 and Section 12.3 of the 1993 CEQA Handbook. These indicators are discussed below:
• Consistency Criterion No. 1: The proposed project will not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP.
Consistency Criterion No. 1 refers to violations of the CAAQS and NAAQS . CAAQS and NAAQS violations would occur if localized or regional significance thresholds were exceeded. As evaluated under Thresholds b) and c) below , the Project’s localized and regional construction-source and operational-source emissions would not exceed applicable regional significance threshold and LST thresholds. As such, a less than significant impact is expected. Based on the preceding, the Project is determined to be consistent with the first criterion.
• Consistency Criterion No. 2: The Project will not exceed the assumptions in the AQMP based on the years of project build-out phase.
534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
The 2016 AQMP demonstrates that the applicable ambient air quality standards can be achieved within the timeframes required under federal law. Growth projections from local general plans adopted by cities in the district are provided to the SCAG, which develops regional growth forecasts, which are then used to develop future air quality forecasts for the AQMP. Development consistent with the growth projections in City of Orange General Plan is considered to be consistent with the AQMP.
Peak day emissions generat ed by construction activities are largely independent of land use assignments, but rather are a function of development scope and maximum area of disturbance.
Irrespective of the site’s land use designation, development of the site to its maximum potential would likely occur, with disturbance of the entire site occurring during construction activities. As such, when considering that no emissions threshold will be exceeded, a less than significant impact would result.
The Project proposes to convert an existing manufacturing use to warehousing use, which would be a similar type of industrial land use and consistent with the underlying zoning and land use designations with approval of a CUP. A General Plan amendment would not be required. The number of employees generated at the site are anticipated within the growth projections and the development would not result in an increase in population within the SCAB. Therefore, implementation of the Project would not have the potential to substantially affect demographic projections beyond what is accounted for in the current 2016 AQMP. On the basis of the preceding discussion, the Project is determined to be consistent with the second criterion.
The Project would not have the potential to result in or cause NAAQS or CAAQS violations. The Project’s proposed uses are consistent with the General Plan land use designation and would not exceed the regional or localized construction and operational thresholds. Therefore, the Project is consistent with the AQMP.
Threshold b: Would the Project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
A. Construction Emissions Impact Analysis
South Coast AQMD Rules that are currently applicable during construction activities, include but are not limited to Rule 403 (Fugitive Dust) and Rule 1113 (Architectural Coatings). The estimated maximum daily construction emissions without mitigation are s ummarized in Table 4.1-5, Overall Construction Emissions Summary.
534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
Table 4.1-5 Overall Construction Emissions Summary
Year
Emissions (lbs/day)
VOC NOX CO SOX PM10 PM2.5
Summer
2023 0.52 14.80 20.40 0.05 2.63 0.67
2024 14.50 19.30 31.00 0.04 0.93 0.40
Winter
2023 0.71 15.00 29.30 0.05 5.45 2.78
2024 14.50 19.40 30.60 0.04 0.93 0.40
Maximum Daily Emissions 14.50 19.40 31.00 0.05 5.45 2.78 South Coast AQMD Regional Threshold 75 100 550 150 150 55 Threshold Exceeded? NO NO NO NO NO NO
Source: (Urban Crossroads, 2023a, Table 3-5)
B. Operational Emissions Impact Analysis
CalEEMod utilizes summer and winter EMFAC 2021 emission factors in order to derive vehicle emissions associated with Project operational activities, which vary by season. As such, operational activities for summer and winter scenarios are presented in Table 4.1-6, Summary of Peak Operational Emissions. The Project’s daily regional emissions from on -going operations will not exceed any of thresholds of significance. Therefore, impacts would be less than significant.
Table 4.1-6 Summary of Peak Operational Emissions
Source
Emissions (lbs/day)
VOC NOX CO SOX PM10 PM2.5
Summer
Mobile Source 0.91 9.61 11.30 0.09 1.91 0.50
Area Source 2.02 0.02 2.75 0.00 0.00 0.00
Energy Source 0.02 0.33 0.28 0.00 0.02 0.02
On-Site Equipment Source 0.12 0.38 16.44 0.00 0.03 0.03 Project Maximum Daily Emissions 3.07 10.34 30.77 0.09 1.96 0.55 South Coast AQMD Regional Threshold 55 55 550 150 150 55 Threshold Exceeded? NO NO NO NO NO NO
Winter
Mobile Source 0.90 10.00 10.80 0.09 1.91 0.50
Area Source 1.57 0.00 0.00 0.00 0.00 0.00
534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
Source
Emissions (lbs/day)
VOC NOX CO SOX PM10 PM2.5
Energy Source 0.02 0.33 0.28 0.00 0.02 0.02
On-Site Equipment Source 0.12 0.38 16.44 0.00 0.03 0.03 Project Maximum Daily Emissions 2.61 10.71 27.52 0.09 1.96 0.55 South Coast AQMD Regional Threshold 55 55 550 150 150 55 Threshold Exceeded? NO NO NO NO NO NO
Source: (Urban Crossroads, 2023a, Table 3-8)
Threshold c: Would the Project expose sensitive receptors to substantial pollutant concentrations?
A. Construction Localized Emissions Impact Analysis
1. Criteria Pollutant Emissions
Table 4.1 -7, Localized Construction -Source Emissions , show the emissions during construction activity. As shown, Project -related construction emissions would not exceed the applicable South Coast AQMD LSTs for CO, NOX, PM10, or PM2.5. Accordingly, construction of the Project would not result in the exposure of any sensitive receptors to substantial pollutant concentrations, and impacts would be less than significant.
Table 4.1-7 Localized Construction-Source Emissions
Construction
Activity Year Scenario
Emissions (lbs/day)
NOX CO PM10 PM2.5
Demolition 2023
Summer 11.90 18.20 1.84 0.44
Winter 11.90 18.20 1.84 0.44
Maximum Daily Emissions 11.90 18.20 1.84 0.44
South Coast AQMD Localized Threshold 81 485 8 5
Threshold Exceeded? NO NO NO NO
Site
Preparation 2023
Summer n/a n/a n/a n/a
Winter 14.70 28.30 5.21 2.73
Maximum Daily Emissions 14.70 28.30 5.21 2.73
South Coast AQMD Localized Threshold 98 600 10 7
Threshold Exceeded? NO NO NO NO
Grading 2023
Summer n/a n/a n/a n/a
Winter 12.60 21.80 1.94 0.98
534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
Construction
Activity Year Scenario
Emissions (lbs/day)
NOX CO PM10 PM2.5
Maximum Daily Emissions 12.60 21.80 1.94 0.98
South Coast AQMD Localized Threshold 81 485 8 5
Threshold Exceeded? NO NO NO NO
Source: (Urban Crossroads, 2023a, Table 3-11)
2. DPM Source Cancer and Non-Caner Risk Impact Analysis The land use with the greatest potential exposure to Project construction-source DPM emissions is Location R4 which is located approximately 126 feet northeast the Project site at an existing residence located at 1120 North Lemon Street. Since there are no private outdoor living areas facing the Project site, R4 is placed at the building façade. At the maximally exposed individual receptor (MEIR), the maximum incremental cancer risk attributable to Project construction -source DPM emissions is estimated at 2.36 in one million, which is less than the South Coast AQMD’s significance threshold of 10 in one million. At this same location, non-cancer risks were estimated to be <0.01, which would not exceed the applicable threshold of 1.0. As such, the Project will not cause a significant human health or cancer risk to adjacent land uses as a result of Project construction activity. All other receptors during construction activity would experience less risk than what is identified for this location. Detailed analysis for construction DPM emissions can be found in the Project’s HRA (Technical Appendix B2).
B. Operation Localized Emissions Impact Analysis
1. Criteria Pollutant Emissions
The Project is located on an approximately 9.94-acre parcel. As noted previously, the LS T Methodology provides look-up tables for sites with an area with daily disturbance of 5 acres or less.
For projects that exceed 5 acres, the 5-acre LST look -up tables can be used as a screening tool to determine whether pollutants require additional detai led analysis. This approach is conservative as it assumes that all on -site emissions associated with the Project would occur within a concentrated 5- acre area. This screening method would therefore over-predict potential localized impacts, because by assuming that on -site operational activities are occurring over a smaller area, the resulting concentrations of air pollutants are more highly concentrated once they reach the smaller site boundary than they would be for activities if they were spread out over a larger surface area. On a larger site, the same amount of air pollutants generated would disperse over a larger surface area and would result in a lower concentration once emissions reach the project-site boundary. As such, LSTs for a 5-acre site during operations are used as a screening tool to determine if further detailed analysis is required. The LST analysis generally includes on- site sources (area, energy, mobile, on-site cargo handling equipment, and stationary equipment). However, it should be noted that the CalEEMod outputs do not separate on -site and off-site emissions from mobile sources. As such, in an effort to establish a maximum potential impact scenario for analytic purposes, the emissions shown on Table 4.1 -8, Localized Significance Summary of Operations , represent all on-site Project-related stationary (area) sources and Project -related mobile sources. It should be noted that the longest on-site distance is 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
roughly 0.5 mile for both trucks and passenger cars. Modeling based on these assumptions demonstrates that even within broad encompassing parameters, Project operational -source emissions would not exceed applicable LSTs.
Table 4.1-8 presents the results of the LST analysis for long-term operation of the Project. As shown, operational emissions would not exceed the South Coast AQMD’s LSTs. Therefore, the Project would have a less than significant localized impact during operational activity.
Table 4.1-8 Localized Significance Summary of Operations Scenario
Emissions (lbs/day)
NOX CO PM10 PM2.5
Summer 2.80 22.52 0.12 0.07
Winter 2.87 20.04 0.12 0.07
Maximum Daily Emissions 2.87 22.52 0.12 0.07
South Coast AQMD Localized Threshold 183 1,253 7 3
Threshold Exceeded? NO NO NO NO
Source: (Urban Crossroads, 2023a, Table 3-13)
2. CO Hot Spot Impact Analysis
The Project would not result in potentially adverse CO concentrations or “hot spots.” Further, detailed modeling of Project-specific CO “hot spots” is not needed to reach this conclusion. An adverse CO concentration, known as a “hot spot”, would occur if an exceedance of the state one-hour standard of 20 ppm or the eight-hour standard of 9 ppm were to occur.
It has long been recognized that CO hotspots are caused by vehicular emissions, primarily when idling at congested intersections. In response, vehicle emissions standards have become increasingly stringent in the last twenty years. Currently, the allowable CO emissions standard in California is a maximum of 3.4 grams/mile for passenger cars (there are requirements for certain vehicles that are more stringent). With the turnover of older vehicles, introduction of cleaner fuels, and implementation of increasingly sophisticated and efficient emissions control technologies, CO concentration in the SCAB is now designated as attainment. To establish a more accurate record of baseline CO concentrations affecting the SCAB, a CO “hot spot” analysis was conducted in 2003 for four busy intersections in Los Angeles at the peak morning and afternoon time periods. This “hot spot” analysis did not predict any violation of CO standards.
For example, 8.4 ppm 8 -hr CO concentration measured at the Long Beach Boulevard/Imperial Highway intersection (highest CO generating intersection within the “hot spot” analysis), only 0.7 ppm was attributable to the traffic volumes and congestion at this intersection; the remaining 7.7 ppm were due to the ambient air measurements at the time the 2003 AQMP was prepared. In contrast, an adverse 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
CO concentration, known as a “hot spot,” would occur if an exceedance of the state one-hour standard of 20 parts per million (ppm) or the eight-hour standard of 9 ppm were to occur.
The ambient 1-hr and 8-hr CO concentration within the Project study area is estimated to be 2.4 ppm and 2.1 ppm, respectively (data from I -5 Near Road monitoring station for 2020). Therefore, even if the traffic volumes for the proposed Project were double or even triple of the traffic volumes generated at the Long Beach Boulevard/Imperial Highway intersection, coupled with the on-going improvements in ambient air quality, the Project would not be capable of resulting in a CO “hot spot” at any study area intersections.
Furthermore, the Bay Area Air Quality Management District (BAAQMD) concluded that under existing and future vehicle emission rates, a given project would have to increase traffic volumes at a single intersection by more than 44,000 vehicles per hour (vph)—or 24,000 vph where vertical and/or horizontal air does not mix—in order to generate a significant CO impact. The busiest intersection evaluated was that at Wilshire Blvd and Veteran Ave., which has a daily traffic volume of approximately 100,000 vehicles per day and AM/PM traffic volumes of 8,062 vph and 7,719 vph respectively. The 2003 AQMP estimated that the 1-hour concentration for this intersection was 4.6 ppm; this indica tes that, should the daily traffic volume increase four times to 400,000 vehicles per day, CO concentrations (4.6 ppm x 4= 18.4 ppm) would still not likely exceed the most stringent 1- hour CO standard (20.0 ppm).
The highest trips on a segment of road for the Project is the intersection of State Route 57 (SR-57) Southbound and Katella Avenue with traffic volumes of 3,080 vph during AM peak hours and 4,313 vph during PM peak hours. As such, Project -related traffic volumes are less than the traffic volumes identified in the 2003 AQMP. The proposed Project would not produce the volume of traffic required to generate a CO “hot spot” either in the context of the 2003 Los Angeles hot spot study or based on representative BAAQMD CO threshold considerations. Therefore, CO “hot spots” are not an environmental impact of concern for the Project. Localized air quality impacts related to mobile-source emissions would therefore be less than significant. Based on the foregoing analysis, the Project would result in less-than-significant impacts related to the creation of CO Hot Spots.
3. DPM Source Cancer and Non-Cancer Risk Impact Analysis Residential Exposure Scenario
The residential land use with the greatest potential exposure to Project operational -source DPM emissions is Location R 4 which is located approximately 126 feet northeast of the Project site at an existing residence located at 1120 North Lemon Street. Since there are no private outdoor living areas facing the Project site, R4 is placed at the building façade. At the MEIR, the maximum incremental cancer risk attributable to Project operational -source DPM emissions is estimated at 0.62 in one million, which is less than the
South Coast AQMD’s significance threshold of 10 in one million. At this same location, non-cancer risks were estimated to be <0.01, which would not exceed the applicable significance threshold of 1.0. Because all other modeled residential receptors are exposed to lesser concentrations than the MEIR analyzed herein, and DPM generally dissipates with distance from the 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
source, all other residential receptors in the vicinity of the Project site would be exposed to less emissions and therefore less risk than the MEIR identified herein. As such, the Project will not cause a significant human health or cancer risk to nearby residences. A detailed analysis of Residential Exposure Scenario for operational DPM emissions can be found in the Project’s HRA (Technical Appendix B2).
Worker Exposure Scenario
The worker receptor land use with the greatest potential exposure to Project operational -source DPM emissions is Location R6, which represents the potential worker receptor approximately 22 feet west of the Project site. At the maximally exposed individual worker (MEIW), the maximum incremental cancer risk impact is 0.16 in one million which is less than the S outh Coast AQMD’s threshold of 10 in one million. Maximum non-cancer risks at this same location were estimated to be <0.01, which would not exceed the applicable significance threshold of 1.0. Because all other modeled worker receptors are located at a greater distance than the MEIW analyzed herein, and DPM dissipates with distance from the source, all other worker receptors in the vicinity of the Project would be exposed to less emissions and therefore less risk than the MEIW identified herein. As such, the Project will not cause a significant human health or cancer risk to adjacent workers.
School Child Exposure Scenario
Proximity to sources of toxics is critical to determining the impact. In traffic -related studies, the additional non-cancer health risk attributable to proximity was seen within 1,000 feet and was strongest within 300 feet. California freeway studies show about a 70-percent drop-off in particulate pollution levels at 500 feet. Based on California Air Resources Board (CARB) and South Coast AQMD emissions
and modeling analyses, an 80-percent drop-off in pollutant concentrations is expected at approximately 1,000 feet from a distribution center. The 1,000-foot evaluation distance is supported by research-based findings concerning Toxic Air Contaminant (TAC) emission dispersion rates from roadways and large sources showing that emissions diminish substantially between 500 and 1,000 fe et from emission sources. A one -quarter mile radius, or 1,320 feet, is commonly utilized for identifying sensitive receptors, such as schools, that may be impacted by a proposed project. This radius is more robust than, and therefore provides a more healt h protective scenario for evaluation than the 1,000- foot impact radius identified above.
There are no schools within ¼ mile of the Project site. The nearest school is Yorba Middle School, which is located approximately 4,060 feet west of the Project site . Because there is no reasonable potential that TAC emissions would cause significant health impacts at distances of more than 1/4 mile from the air pollution source, there would be no significant impacts that would occur to any schools in the vicinity of the Project.
Combined Construction and Operational Impacts
The land use with the greatest potential increased cancer risk due to exposure to Project construction- source and operational -source DPM emissions is Location R4. At this location, the maximum incremental cancer risk attributable to Project construction and operational DPM source emissions is 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
estimated at 2.66 in one million, which is less than the threshold of 10 in one million. At this same location, non-cancer risks were estimated to be <0.01, which would not exceed the applicable threshold of 1.0. As such, the Project will not cause a significant human health or cancer risk to adjacent land uses as a result of Project construction and operational activity. All other receptors during construction and operational activity would experience less risk than what is identified for this location.
C. Potential Health Impacts of the Project
Based on the foregoing analysis, the Project would not exceed the South Coast AQMD localized significance thresholds for assessing localized health impacts from criteria air pollutants during construction or operation. Furthermore, Project construction and operation would not exceed South Coast AQMD’s cancer and non-cancer thresholds during construction or operation. Fur ther, Project traffic would not create or result in a CO “hotspot.” Therefore, sensitive receptors would not be exposed to substantial pollutant concentrations due to the Project, and impacts would be less than significant.
Threshold d: Would the Project result in other emissions (such as those leading to odors adversely affecting a substantial number of people?
Land uses generally associated with odor complaints include agricultural uses (livestock and farming), wastewater treatment plants, food processing plants, chemical plants, composting operations, refineries, landfills, dairies, and fiberglass molding facilities. The Project does not contain land uses typically associated with emitting objectionable odors.
Potential odor sources associated with the proposed Project may result from construction equipment exhaust and the application of asphalt and archi tectural coatings during construction activities .
Standard construction requirements would minimize odor impa cts from construction. The Project would be subject to standard construction requirements, including the use of low -VOC architectural
coatings as required by South Coast AQMD Rule 1113, Table of Standards; and compliance with South Coast AQMD Rule 402, Nui sance, which requires that a person shall not discharge air contaminants or other materials that would cause health or safety hazards to any considerable number of persons or the public. Compliance with these standard construction requirements would minimi ze odor impacts from construction. The construction odor emissions would be temporary, short-term, and intermittent in nature and would cease upon completion of the respective phase of construction and is thus considered less than significant.
Potential sources of operational odors generated by the Project would include the temporary storage of typical solid waste (refuse). It is expected that Project -generated refuse would be stored in covered containers and removed at regular intervals in compliance with the current solid waste regulations, thereby precluding substantial generation of odors due to temporary holding of refuse on site. The proposed Project would also be required to comply with South Coast AQMD Rule 402 to prevent occurrences of public nuisa nces. Therefore, odors associated with the proposed Project operations 534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
would not adversely affect a substantial number of people, and Project impacts during long-term operations would be less than significant.
4.1.6 CUMULATIVE IMPACT ANALYSIS
With exception of the issue of odors, the cumulative study area for air quality includes the City of Orange and the SCAB. The SCAB is designated as a nonattainment area for State standards of O 3, PM10, and PM2.5. The region is also designated as a nonattainment area for federal standards of O3 and PM2.5. Cumulative growth in population, vehicle use, and industrial activity could inhibit efforts to improve regional air quality and attain the ambient air quality standards. Thus, with exception of odors, the setting for this cumulative analysis consists of the SCAB and associated growth and development anticipated in the air basin. For the issue of odors, the cumulative study area includes the Project site and lands in the immediate vicinity to the Project site, as odors diminish rapidly with distance from the source.
According to South Coast AQMD, projects that exceed the project-specific significance thresholds are considered by the South Coast AQMD to be cumulatively considerable. Conversely, projects that do not exceed the project-specific thresholds are generally not considered to be cumulatively significant.
As previously shown in Table 4.1-5, Overall Construction Emissions Summary, Project construction- source emissions would not exceed the South Coast AQMD regional thresholds of significance for all emissions. Therefore, impacts associated with Project -related construction emissions would be less than cumulatively considerable.
As previously shown in Table 4.1 -6, Summary of Peak Operational Emissions , Project operation- source emissions would not exceed the South Coast AQMD regional thresholds of significance for all emissions. Therefore, impacts associated with Project-related operational emissions would be less than cumulatively considerable.
As previously shown in Table 4.1-7, Localized Construction-Source Emissions, emissions would not exceed the South Coast AQMD Localized Threshold for CO, NO x, PM10, or PM 2.5. Pursuant to the
South Coast AQMD’s CEQA Air Quality Significance Thresholds, projects with daily emissions that exceed any of the indicated thresholds should be considered as having an individually and cumulatively significant impact; therefore, the Project’s emissions during construction would be less than significant on a direct and cumulative basis.
As previously shown in Table 4.1-8, Localized Significance Summary of Operations, under long-term operating conditions, the Project’s localized operational emissions would not exceed any of the South Coast AQMD LST thresholds. Pursuant to the South Coast AQMD’s CEQA Air Quality Significance Thresholds, the Project would have a less -than-cumulatively considerable LST impact during long- term operation. Additionally, the Project would have no potential to result in or contribute to a CO “Hot Spot.” Accordingly, impacts associated with CO “Hot Spots” would be less than cumulatively considerable.
534 Struck Avenue Project
Environmental Impact Report 4.1 Air Quality
Lead Agency: City of Orange SCH No. 2021090399
Cumulatively considerable odor impacts could occur if the Project in combination with other nearby projects resulted in combined construction- or operational-related odor impacts. However, the Project’s compliance with South Coast AQMD Rules 1113, 403, and 402 would ensure that the Project does not generate substantial odors adversely affecting a substantial number of people during construction and operation. Additionally, there are no nearby related projects that generate substantial odors that could combine to create a cumulatively considerable odor impact. Therefore, impacts associated with odors would be less than cumulatively considerable.
4.1.7 SIGNIFICANCE OF IMPACTS BEFORE MITIGATION
Threshold a: Less -than-Significant Impact. The Project would not emit air pollutants that would contribute to a delay in the attainment of federal and State ozone standards in the SCAB. As such, the Project would not conflict with and could obstruct implementation of the AQMP, and impacts would be less than significant.
Thresholds b: Less-than-Significant Impact. Project-related activities would not exceed the applicable South Coast AQMD regional thresholds of significance during construction and operations . As such, Project-related emissions would not violate South Coast AQMD air quality standards or contribute to the non-attainment of ozone standards in the SCAB, and impacts would be less than significant.
Threshold c: Less -than-Significant Impact. Implementation of the Project would not: 1) exceed applicable South Coast AQMD localized criteria po llution emissions thresholds during construction and operation; 2) would not expose sensitive receptors to toxic air contaminants (i.e., DPM) that exceed the applicable S outh Coast AQMD carcinogenic and non-carcinogenic risk significance thresholds; and 3) would not cause or measurably contribute to the formation of a CO “hot spot.”
Threshold d: Less-than-Significant Impact. Although short-term construction activities and long-term operational land uses could produce objectionable odors, compliance with st andard construction requirements and regulations established by the City of Orange and South Coast AQMD would reduce odor impacts to less -than-significant levels. Near - and long-term odor impacts would be less than significant.
4.1.8 MITIGATION
Impacts would be less than significant; therefore, mitigation is not required. 534 Struck Avenue Project
Environmental Impact Report 4.2 Biological Resources
Lead Agency: City of Orange SCH No. 2021090399
4.2 BIOLOGICAL RESOURCES
This Subsection evaluates the potential for Project -related activities to impact sensitive biological resources. The analysis in this Subsection is based on information contained in the General Biological Technical Report, dated February 2023, prepared by NOREAS Inc. (NOREAS) and is included as Technical Appendix C (NOREAS, 2023). In addition, this subsection includes information contained in the City’s General Plan Natural Resources Element (Orange, 2015b) and the City’s General Plan EIR (Orange, 2010a).
4.2.1 EXISTING CONDITIONS
Under existing conditions, the Project site consists of an approximate 40,000 square-foot concrete tilt- up building, and parking which was occupied by Nursery Supplies, Inc., a manufacturer of plastic nursery planting pots until the end of 2020. The Project site contains ornamental landscaping along the site’s frontage at Struck Avenue.
A. Vegetation Communities
Under existing conditions, t he Project site is entirely developed/disturbed and does not support any sensitive vegetation communities. Developed land is not considered a sensitive biological resource .
Developed/disturbed lands within the study area include locales that have been paved, cleared, graded or otherwise altered by anthropogenic activities (i.e., access roads, ornamental landscaping, train tracks, industrial facilities, storage yards, commercial enterprises, a nd so forth). These lands also include areas with exposed soils, minimal vegetation, and moderate cover by various non-native annual grasses, and weeds. Common non-native plants species detected within this type include ripgut brome (Bromus diandrus), Saha ra mustard (Brassica Tournefortil ), Mexican fan palm (Washingtonia Robusta), Schismus (Schismus barbatus) and cheese weed (Malva neglecta). (NOREAS, 2023)
B. Special-Status Plants
The Project site is in the western portion of the City and is fully developed with a manufacturing facility. Additionally, the properties surrounding the Project site are fully developed and urbanized.
According to the City’s General Plan Environmental Impact Report (EIR), urbanized areas provide low habitat value for sensitive species (Orange, 2010a).
No federal or State listed plant species were observed within the study area during the field survey , however, several have been documented within 10 miles of the Project site. The study area includes no USFWS-designated critical habitats for plants and the Project site does not include the substantive habitat requirements necessary to support special-status flora. (NOREAS, 2023)
C. Special-Status Wildlife
The City identifies significant wildlife habitat as being in the City’s undeveloped hillside areas, East Orange, and park and open spaces (particularly near Santiago Creek, Santiago Oaks Regional Park, Irvine Regional Park, and Peters Canyon Regional Park) (Orange, 2015b). The Project site is in the 534 Struck Avenue Project
Environmental Impact Report 4.2 Biological Resources
Lead Agency: City of Orange SCH No. 2021090399
western portion of the City and is fully developed with a manufacturing facility. Additionally, the properties surrounding the Project site are fully developed and urbanized. According to the City’s General Plan Environmental Impact Report (EIR), urbanized areas provide low habitat value for sensitive species.
No special-status wildlife species were observed within the study area during the field survey. The Project site does not include USFWS-designated critical habitats for wildlife and the substantive habitat requirements necessary to support special-status wildlife. (NOREAS, 2023)
D. Nesting Birds
No nesting birds, remnant raptor nests, or bat guano were detected within the Project site (NOREAS, 2023). Under existing conditions, the Project site contains ornamental trees within the northern portion of the site. These existing trees have the potential to provide suitable nesting opportunities for nesting birds. The Migratory Bird Treaty Act (MBTA) governs the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests.
E. Jurisdictional Waters and Wetlands
Wetlands are defined as land that is flooded or saturated by surface water or groundwater at a frequency and duration sufficient to support and, that normally does support, a prevalence of vegetation adapted to life in saturated soils. Wetlands include areas such as swamps, marshes, and bogs. The Project site and surrounding area are fully developed and do not contain any wetlands. No riparian or riverine habitats or obvious indicators of a well-defined water conveyance bed, bank or channel were detected within the Project site (NOREAS, 2023). The nearest wetland habitat to the Project site is at the Santiago Creek located approximately 1.9 miles south.
4.2.2 REGULATORY FRAMEWORK
The Project site is subject to State of California (hereinafter, “State”) and federal regulations that were developed to protect natural resources, including: state and federally listed plants and animals; aquatic resources including rivers and creeks, ephemeral streambeds, wetlands, and areas of riparian habitat ; other special-status species which are not listed as threatened or endangered by the State or federal governments; and other special-status vegetation communities. Provided below is an overview of the federal, State, and regional laws, regulations, and requirements that are applicable to the property.
A. Federal Plans, Policies, and Regulations
1. Endangered Species Act (ESA)
The purpose of the federal Endangered Species Act (ESA) is to protect and recover imperiled species and the ecosystems upon which they depend. It is administered by the U.S. Fish and Wildlife Service (USFWS) and the Commerce Department’s National Marine Fisheries Service (NMFS). The USFWS has primary responsibility for terrestrial and freshwater organisms, while the responsibilities of NMFS are mainly marine wildlife such as whales and anadromous fish such as salmon. Under the ESA, 534 Struck Avenue Project
Environmental Impact Report 4.2 Biological Resources
Lead Agency: City of Orange SCH No. 2021090399
species may be listed as either endangered or threatened. “Endangered” means a species is in danger of extinction throughout all or a significant portion of its range. “Threatened” means a species is likely to become endangered within the foreseeable future. All species of plants and animals, except pest insects, are eligible for listing as endangered or threatened. (USFWS, 2017)
The ESA makes it unlawful for a person to take a listed animal without a permit. Take is defined as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct.” Through regulations, the term “harm” is defined as “an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.” Listed plants are not protected from take, although it is illegal to collect or maliciously harm them on federal land. Protection from commercial trade and the effects of federal actions do apply for plants. (USFWS, 2017)
Section 7 of the ESA requires federal agencies to use their legal authorities to promote the conservation purposes of the ESA and to consult with the USFWS and NMFS, as appropriate, to ensure that effects of actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of listed species. During consultation, the “action” agency receives a “biological opinion” or concurrence letter addressing the proposed action. In the relatively few cases in which t he USFWS or NMFS makes a jeopardy determination, the agency offers “reasonable and prudent alternatives” about how the proposed action could be modified to avoid jeopardy. It is extremely rare that a project ends up being withdrawn or terminated because of jeopardy to a listed species. (USFWS, 2017)
Section 10 of the ESA may be used by landowners including private citizens, corporations, tribes, states, and counties who want to develop property inhabited by listed species. Landowners may receive a permit to take such species incidental to otherwise legal activities, provided they have developed an approved habitat conservation plan (HCP). HCPs include an assessment of the likely impacts on the species from the proposed action, the steps that the permit holder will take to avoid, minimize, and mitigate the impacts, and the funding available to carry out the steps. HCPs may benefit not only landowners but also species by securing and managing important habitat and by addressing economic development with a focus on species conservation. (USFWS, 2017)
2. Migratory Bird Treaty Act (16 USC Section 703-712)
The Migratory Bird Treaty Act (MBTA) makes it illegal for anyone to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to federal regulations. The migratory bird species protected by the MBTA are listed in 50 CFR 10.13. The USFWS has statutory authority and responsibility for enforcing the MBTA (16 U.S.C. 703-712). The MBTA implements Conventions between the United States and four countries (Canada, Mexico, Japan, and Russia) for the protection of migratory birds. (USFWS, 2020)
534 Struck Avenue Project
Environmental Impact Report 4.2 Biological Resources
Lead Agency: City of Orange SCH No. 2021090399
B. State Plans, Policies, and Regulations
1. California Endangered Species Act (CESA)
The California Endangered Species Act (CESA) states that all native species of fishes, amphibians, reptiles, birds, mammals, invertebrates, and plants, and their habitats, threatened with extinction and those experiencing a significant decline which, if not halted, would lead to a threatened or endangered designation, will be protected or preserved. The California Department of Fish and Wildlife (CDFW) works with interested persons, agencies, and organizations to protect and preserve such sensitive resources and their habitats. CESA prohibits the take of any species of wildlife designated by the California Fish and Game Commission as endangered, threatened, or candidate species. CDFW may authorize the take of any such species if certain conditions are met. (CDFW, n.d.)
Section 2081 subdivision (b) of the California Fish and Game Code (CFGC) allows CDFW to authorize take of species listed as endangered, threatened, candidate, or a rare plant, if that take is incidental to otherwise lawful activities and if certain conditions are met. These authorizations are commonly referred to as incidental take permits (ITPs). (CDFW, n.d.)
If a species is listed by both the federal ESA and CESA, CFGC Section 2080.1 allows an applicant who has obtained a federal incidental take statement (federal Section 7 consultation) or a federal incidental take permit (federal Section 10(a)(1)(B)) to request that the Director of CDFW find the federal documents consistent with CESA. If the federal documents are found to be consistent with CESA, a consistency determination (CD) is issued and no further authorization or approval is necessary under CESA. (CDFW, n.d.)
A Safe Harbor Agreement (SHA) authorizes incidental take of a species listed as endangered, threatened, candidate, or a rare plant, if implementation of the agreement is reasonably expected to provide a net conservation benefit to the species, among other provisions. SHAs are intended to encourage landowners to voluntarily manage their lands to benefit CESA -listed species. California SHAs are analogous to the federal safe harbor agreement program and CDFW has the authority to issue a consistency determination based on a federal safe harbor agreement. (CDFW, n.d.)
2. Natural Community Conservation Planning Act (NCCP)
CDFW's Natural Community Conservation Planning (NCCP) program takes a broad-based ecosystem approach to planning for the protection and perpetuation of biological diversity. The NCCP program began in 1991 as a cooperative effort to protect habitats and species. It is broader in its orientation and objectives than the California and Federal Endangered Species Acts, as these laws are designed to identify and protect individual species that have already declined in number significantly. (CDFW, n.d.)
An NCCP identifies and provides for the regional protection of plants, animals, and their habitats, while allowing compatible and appropriate economic activity. Working with landowners, environmental organizations, and other interested parties, a local agency oversees the numerous 534 Struck Avenue Project
Environmental Impact Report 4.2 Biological Resources
Lead Agency: City of Orange SCH No. 2021090399
activities that compose the development of an NCCP. CDFW and the USFWS provide the necessary support, direction, and guidance to NCCP participants. (CDFW, n.d.)
There are currently 14 approved NCCPs (includes 6 subarea plans) and more than 20 NCCPs in the active planning phase (includes 10 subarea plans), which together cover more than 7 million acres and will provide conservation for nearly 400 special status species and a wide diversity of natural community types throughout California. (CDFW, n.d.)
3. Unlawful Take or Destruction of Nests or Eggs (CFGC Sections 3503.5-3513) Section 3503.5 of the CFGC specifically protects birds of prey, stating: “It is unlawful to take, possess, or destroy any . . . [birds-of-prey] or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.” Section 3513 of the CFGC duplicates the federal protection of migratory birds, stating: “It is unlawful to take or possess any migratory nongame bird as designated in the Migratory Bird Treaty Act or any part of such migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act.” (CA Legislative Info, n.d.)
4.2.3 BASIS FOR DETERMINING SIGNIFICANCE
Section IV of Appendix G to the CEQA Guidelines addresses typical adverse effects to biological resources, and includes the following threshold questions to evaluate the Project’s impacts to biological resources (OPR, 2019):
• Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service;
• Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service;
• Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means;
• Interfere substantially with the movement of any n ative resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites;
• Conflict with any local policies or ordinances protecting biological resources, s uch as a tree preservation policy or ordinance;
• Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. 534 Struck Avenue Project
Environmental Impact Report 4.2 Biological Resources
Lead Agency: City of Orange SCH No. 2021090399
4.2.4 IMPACT ANALYSIS
Threshold a: Would the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? As previously stated, the City identifies significant wildlife habitat as being in the City’s undeveloped hillside areas, East Orange, and park and open spaces (particularly near Santiago Creek, Santiago Oaks Regional Park, Irvine Regional Park, and Peters Canyon Regional Park) (Orange, 2015b). The Project site is in the western portion of the City and is fully developed with a manufacturing facility.
Additionally, the properties surrounding the Project site are fully developed and urbanized. According to the City’s General Plan Environmental Impact Report (EIR), urbanized areas provide low habitat value for sensitive species. According to the biological survey results, no federal or State listed plant or wildlife species were observed within the study area . The Project site does not include USFWS - designated critical habitat for plants or wildlife and the Project site does not include the substantive habitat requirements necessary to support special-status plants and wildlife. As such, implementation of the Project would not have the potential to have an adverse effect either directly or indirectly through habitat modifications on any species identified as a candidate, sensitive, or special status species in the local or regional plans, policies or regulation, or by the California Department of Fish and Wildlife and Wildlife Service (NOREAS, 2023). No impacts would occur.
Threshold b: Would the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans , policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service?
According to the City’s General Plan EIR, riparian habitat and wetlands within the existing urbanized area of the City occur along the Santiago Creek (Orange, 2010a). The Project site is located approximately 1.9 miles north of the Santiago Creek No riparian, river, or obvious indicators of a well- defined water conveyance bed, bank, or channel were detected wi thin the Project site (NOREAS, 2023). Therefore, implementation of the Project would not have an adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service . No impacts would occur.
Threshold c: Would the Project have substantial adverse effect on state or federally protected wetlands (including, but not limited to , marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? The Project site and surrounding area are fully developed and do not contain any wetlands. The nearest wetland habitat to the Project site is at the Santiago Creek located approximately 1.9 miles south.
Therefore, the implementation of the Project would not have an adverse effect on state or federally protected wetlands. No impacts would occur.
534 Struck Avenue Project
Environmental Impact Report 4.2 Biological Resources
Lead Agency: City of Orange SCH No. 2021090399
Threshold d: Would the Project i nterfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The City is characterized as mostly urbanized with low habitat value for wildlife. The City’s primary functional wildlife corridors are Santiago Creek through the center of the City; the northeastern portion of the City, and the Southern California Edison (SCE) utility corridors, which link with the Santiago Oaks Park; and the preserved hillsides and ridgelines in the southeastern portion of the City that link with Peters Canyon Park (Orange, 2015a). Additionally, a significant amount of Ea st Orange is undeveloped, including the Irvine Ranch Land Reserve (IRLR) and the Nature Reserve of Orange County established by the Orange County Central/Coastal Natural Community Conservation Plan (NCCP). These areas have the potential to act as wildlife corridors.
The Project site is fully developed within an urbanized setting and is located outside the identified wildlife corridors. There are no areas within the Project’s vicinity which could function as a wildlife corridor or nursery site for wildlife . Therefore, implementation of the Project would not have the potential to interfere with the movement of any native resident or migratory fish or wildlife species with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites. No impacts would occur.
No nesting birds, remnant raptor nests, or bat guano were detected within the Project site (NOREAS, 2023). The Project requires removal of existing ornamental trees within the northern portion of the site.
These existing trees have the potential to provide suitable nesting opportunities for nesting birds. The Migratory Bird Treaty Act (MBTA) governs the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests. To reduce the Project’s potential impacts on migratory birds, the Project would implement Mitigation Measure (MM) 4.2 -1, which requires a pre-construction nesting bird clearance survey to determine the presence/absence, location, and status of any active nests on or adjacent to the Project site. If the nesting bird clearance survey indicates the presence of nesting birds, MM 4.2-1 requires buffers to ensure that any nesting birds are protected according to the MBTA. With the implementation of MM 4.2-1, the Project’s potential construction- related impacts to migratory birds would be less than significant.
Threshold e: Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? The City’s participation in the NCCP is its Master Street Tree Plan and the Tree Preservation Ordinance (OMC Chapter 12.32) as the primary local measures to protect biological resources. According to the City’s General Plan EIR, the Master Street Tree Plan and the Tree Preservation Ordinance are effective procedures to monitor the potential for impacts to existing trees that provide roosting and nesting habitat for native and migratory birds throughout the City. The City’s Tree Ordinance restricts the removal of trees including those on private property that is deemed to be “endowed with a public interest” or may be of historical value “by virtue of their origin, size, uniqueness, and/or national or 534 Struck Avenue Project
Environmental Impact Report 4.2 Biological Resources
Lead Agency: City of Orange SCH No. 2021090399
regional rarity.” (Orange, 2021) Trees determined to be historic are compiled on a master list that is maintained by the Community Services Department and approved by resolution of the City Council.
The Project would result in the removal of ornamental trees. According to OMC Section 12.32.030, the Project Applicant would be required to obtain a Tree Removal Permit. According to OMC Section
12.32.060, the Project’s ornamental trees are not considered Historical Trees. Therefore , the Project would not conflict with any local policies or ordinances protecting biological resources following compliance with OMC Section 12.32.030 and impacts would be less than significant.
Threshold f: Would the Project c onflict with the provision s of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
The City of Orange is subject to the NCCP. As shown on General Plan EIR Figure 5.4-2, NCCP Habitat Reserve Area, several areas within the City are designated NCCP Habitat Reserve (Orange, 2010a).
According to General Plan EIR Figure 5.4-2, the Project site is not within an NCCP Habitat Reserve Area. No other approved local, regional, or State habitat conservation plans apply to the site .
Therefore, implementation of the Project does not have the potential to conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. No impacts would occur.
4.2.5 CUMULATIVE IMPACT ANALYSIS
This cumulative impact analysis for biological resources considers development of the Project in conjunction with other development projects in the vicinity of the Project site as well as full General Plan buildout in the City of Orange and other jurisdictions in the region.
The Project site does not contain any special-status plant or wildlife species nor does the site have the potential to support such species. Therefore, the Project would not impact any special -status plant or wildlife species and, thus, the Project would have no potential to contribute to a cumulative impact to special-status plant and/or animal species.
The Project would not i mpact any riparian or sensitive natural communities; therefore, there is no potential for the Project to contribute to a cumulatively-considerable impact to these resources.
The Project would not impact any State -protected or federally-protected wetlands. Accordingly, the Project has no potential to contribute to a cumulatively-considerable impact to State or federally protected wetlands.
The Project would remove ornamental trees on site that have the potential to support nesting birds protected by federal and State regulations. The Project would not result in the removal of trees off-site or in the surrounding area and would therefore not cumulatively contribute to impacts to nesting birds. 534 Struck Avenue Project
Environmental Impact Report 4.2 Biological Resources
Lead Agency: City of Orange SCH No. 2021090399