would have a minimum 10-foot setback from the property line and not have roof decks. Figure 3 of the IS/MND provides an aerial view of the Project site and adjacent uses. As shown, a majority of the site area that is adjacent to the residential uses is bound by approximately 23 and 29-foot- wide drive aisles plus approximately 25-foot-deep garages, and guest parking in some locations .
The Project is not adjacent to private open space areas to the north, and only directly adjacent to four existing residences to the southeast. Thus, most of the proposed residences would be a minimum of 60 feet from the existing adjacent residences , with exception of five proposed residences that would be set between 14 and 23 feet from four residences to the southeast; however, backyards would be contiguous, and no new public locations would be adjacent to existing residential private spaces. The setbacks from adjacent residences are shown in IS/MND Figure 8, Conceptual Site Plan. And Figure 17, Wall Plan, shows that the existing 6 -foot-high walls to the north and south of the site would remain and a new 8- foot-high wall would separate the Project site from the adjacent billboard parcel.
As part of the Project plans, views from the Project site and line of sight sections from the closest adjacent residential views were prepared, and are included as Figure 1, which shows the distance, height, adjacent walls, parking areas, and buildings; along with the line of sight from the second and third floors of the proposed residences. As detailed, views from the proposed residences would be of parking areas, walls, fences, landscaping and building sides. As shown on Figure 1, adjacent private residential areas would not be visible from the proposed second and third story areas.
In addition, the Project plans included shade and shadow exhibits, included as Figure 2, that identifies the shadows on December 21, which is the winter solstice that generates the greatest shadows, and on June 21, which is summer solstice that generates the most limited shadows. As detailed, shade and shadows generated by the Project would not encroach into adjacent residential open space or private living areas. Shade and shadow would only encroach to the north into the drive aisle, garage, and parking space area.
the site) of landscaping with 24- inch and 36-inch box trees, 15- gallon trees, various shrubs, and groundcover. Although most of the existing trees would be removed and replaced in open space areas, the Project would retain 13 date palm trees that line the entrance to the site, as shown in Figure 18, Conceptual Landscape Plan. In response to this comment, additional details regarding the species of trees from the Project’s landscaping plans are provided herein as Figures 3 and 4.
Comment 5 -3: This comment states that the Natural Resources Element of the General Plan provides that the City ha d an open space land inventory of 1.8 acres per 1,000 persons in 2010, which was a city -wide deficiency of 240 plus acres, with an interim goal of 3-acres per 1,000 persons; acquire 275 acres by 2030, and the minimum required Quimby Act goal for 5- acres per 1,000 persons (acquire 632 acres) by 2050. The comment states that the IS/MND does not adequately disclose this significant deficiency in its text or discuss the cumulative impacts of other North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-25
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approved similar projects its analysis. The comment states that n o mitigation solutions are considered, nor does it consider less impactful P roject alternatives or land dedication. Th e comment asserts that this could provide a clear fair argument claim that mitigating this impact is deferred and that Environmental Impact Report (EIR) should be prepared, and at a minimum, the MND should be revisited to address this information and provide proper mitigation.
Response to Comment 5 -3: The proposed Project would not result in impacts related to open space. As detailed on page 16 of the IS/MND , the proposed Project includes 6,031 square feet of common open space with a large common recreation area with sail shade structures, shaded tables and seating, a multipurpose turf area, and enhanced paving. An open space feature with landscaping and walkw ays is proposed throughout the internal walks in the paseo areas. In addition, the Project includes approximately 30,309 square feet (16.4% of the site) of landscaping.
Thus, much of the open space and recreation needs of the Project would be satisfied by the proposed onsite amenities.
City’s park objective is to provide 3 acres of parkland per 1,000 residents and the City has approximately 251 acres of parkland. At a rate of 3 acres of parkland per 1,000 residents the Project’s estimated 226 residents would require 0.678- acre (29,534 square feet) of parkland. In addition to the 6,031 square feet of open space recreation on the site, the City requires in-lieu fees for new residential projects to improve current park facilities and to acquire additional land for the construction of new parks. Therefore, the Project would result in the provision of onsite facilities and payment of in- lieu fees for acquisition and maintenance of offsite public facil ities in compliance with existing development requirements. Thus, impacts would be less than significant.
It should further be noted that the City not meeting planning goals for acquisition of parkland and open space is not in itself a potential impact on the environment pursuant to CEQA. No changes to the IS/MND are required.
As substantiated by the previous and following responses, none of the conditions arise which would require preparation of an EIR pursuant to State CEQA Guidelines Sections 15064 and 15065. The petitioner challenging an MND and Project bears “the burden of proving ‘the existence of substantial evidence supporting a fair argument of significant environmental impact’” ( Jensen v. City of Santa Rosa (2018) 23 Cal.App.5th 877, 886.). No substantial evidence supporting the fair argument of any new significant environmental impacts that would result from the Project or from a new mitigation measure proposed to be implemented has been brought forward in these comments.
Comment 5-4: This comment states that the MND fails to disclose this direct impact or consider the culminative impact of other projects pending or recently entitled/built in its disclosures. The MND does disclose payment of a park fee but doesn’t explain it and how it works, its history of achieving acquisition, if it actually covers the full cost of required land acquisition, park construction, operational expenses, the timing of said park land acquisition to match with unit occupancy, and the direct impact of the proposed Project over use of existing park land sites citywide on a short or long- term bases. It appears the full mitigation of the land dedication for open space will be deferred, will not happen, and a fair argument can be made this impact is significant and adverse.
North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-26
Final IS/MND
March 2026
Response to Comment 5-4: Refer to Response 5-3. In addition to the 6,031 square feet of open space recreation on the site, the City requires in- lieu fees for new residential projects to improve current park facilities and to acquire additional land for the construction of new parks. Thus, the Project would provide private facilities for residents and support public facilities through payment of in-lieu fees. The intent of the in -lieu fees is to achieve acquisition of public parkland through cumulative projects that would provide payment based on a nexus of proposed uses and open space and recreation demand, with larger projects providing a greater collective in- lieu fees. The cumulative provision of in-lieu fees allows the City to facilitate public areas of parkland and open space in addition to smaller areas of private recreation and open space that would be provided by individual developments.
The Project would result in approximately 226 residents at full capacity. The IS/MND describes that this limited population with provision of onsite open space and recreation and payment of in- lieu fees would result in a less than significant impact. The IS/MND determined that the limited Project population would not generate an increase in use of the existing parks or recreational facilities such that substantial physical deterioration of facilities would occur or be accelerated that could cause constructi on of new or altered facilities. The comment does not provide substantial evidence of a fair argument that potential environmental impacts would occur. Thus, no changes to the IS/MND are required.
Comment 5-5: This comment states that the MND incorrectly discloses that the subject site is not identified as a housing opportunity site in the Housing Element. The comment states that a discussion on why this site is appropriate to add to the inventory along with what it will contribute to reaching approved goals and policies. The comment states that the IS/MND should disclose that this site would be added to the available housing site inventory, convert a fully utilized commercial property to a new housing opportunity site, brings a direct and cumulative net loss of sales tax revenue, and how it provides the housing opportunities at all incomes (low and very low is needed not above median income levels) and household types. The comment states that the units are three- story, and asserts that persons with disabilities will likely not be able to purchase or visit th ese homes, which is a discriminatory barrier, and that there is no option for a single story two-bedroom model that single person or small households who desire to downsize looking to purchase a smaller home. The comment states that all adopted housing policies and commitments should be discussed in the MND.
Response to Comment 5-5: As described previously, CEQA is an environmental protection statute that focuses on impacts to the environment (CEQA Guidelines Section 15358(b)). Therefore, consistent with CEQA, the IS/MND includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include a discussion of the Project’s economic or social effects. However, as part of overall review of the proposed Project, an economic analysis has been prepared and reviewed by the City.
The IS/MND correctly states that the site is not identified as a housing opportunity site in the Housing Element. The Housing Element and General Plan Land Use Element do not restrict the number of parcels that can provide housing within the City. Conversely, Housing Elements are required per Government Code Section 65583.a to accommodate the City’s Regional Housing Need Allocation (RHNA) through eight-year planning periods. The Housing Element is required North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-27
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March 2026
to identify potential sites and provide policies and programs to facilitate housing. It does not restrict housing on commercial or other non-residential sites.
As detailed on page 1-5 of the Housing Element, the planning period for the current RHNA 2021- 2029 planning period the City is allocated a total of 3,936 units, including 1,067 units affordable to very low -income households, 604 units affordable to low -income, 677 units affordable to moderate income, and 1,588 units affordable to above -moderate income households. Thus, 58 percent of the City’s RHNA allocation is for moderate and above-moderate income households.
As detailed on page 134 of the IS/MND, the proposed 71 residences equates to 1.8 percent of the City’s total RHNA allocation, and 3.1 percent of the City’s moderate and above moderate income household RHNA allocations. Although not previously identified as a housing site, t he Project would assist in meeting the City’s RHNA housing needs. Additionally, the Project would assist in expanding the diversity of housing choices within the City. The IS/MND details in Section 14, Population and Housing, that single -family attached residences consist of 10.9 pe rcent of the City’s housing units and residences within buildings containing between 2 and 4 units consist of
10.1 percent of the City’s housing units. The proposed residences are not discriminatory to persons with disabilities; as the new construction could be modified to include features to aid specific disabilities of future residents; and the structures would be required to meet ADA and OCTA emergency access requirements, as verified through the City’s development permitting process.
Further, the Project does not hinder the City’s ability to meet other income levels. The Housing Element details on page 3 -56 that the City has adequate capacity to accommodate its 2021‐2029 RHNA with a five percent buffer in excess of the City’s very‐lowe r income RHNA need and a 2 percent buffer in excess of the City’s lower income RHNA . Although the comment opines that smaller residences of one- story with two -bedrooms should be an option, the Housing Element identifies that 56.2 percent of households within the City are family households and the average household size in the City is 3.08 persons. Further, the opinion of Project merits related to bedrooms do not pertain to the potential for significant physical impacts pursuant to CEQA , and no change to the IS/MND is required.
Comment 5-6: This comment states that the MND concludes that impacts to public safety (police and fire) will be incremental thus the impact is less than significant. Same is true for impacts to public works, libraries, and schools. The comment states that in the response the conclusion is made that no new staff will need to be hired to cover these service areas but fails to disclose that the City has over 70 full -time staff vacancies, many in police and fire. There is no discussion of how even basic level services will be maintained let alone cover the demands of this Project along with the culminative impacts of all projects pending, entitled, or recently approved for occupancy.
The comment states that service levels across the board would be significantly impacted, creating negative impacts. The comment requests comprehensive analysis of this adverse impact in the responses to comments.
Response to Comment 5 -6: As described previously, CEQA is an environmental protection statute; and thus, impacts related to provision of public services are based upon the need for new or expanded facilities that, construction of which, could cause significant environmental impacts, as detailed in CEQA Guidelines Appendix G Checklist and within the IS/MND on page 125.
North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-28
Final IS/MND
March 2026
Specifically regarding basic levels of service, the IS/MND details on page 125 that the closest fire station is 1.4 roadway miles from the Project site, has an average response time of 5 minutes and 28 seconds, and has 1.22 sworn fire staff per 1,000 residents. It is detailed that based on the existing staff ratio, the proposed Project would result in the need for 0.28 of an additional sworn staff person, which would not require construc tion of new or expansion of existing Fire Department facilities. Also, the Project would be required to adhere to the California Fire Code, as included in the Orange Municipal Code and ensured through the City’s permitting process. Furthermore, as part of review of the proposed Project , the Fire Department has reviewed the Project plans and determined that due to the limited number of new residents on the site, the increase in fire service demands from the Project would be minimal and the Department would be able to provide services, in addition to existing needs within the City.
Also, the IS/MND describes on page 126 that the Police Department had 95,570 calls for service in 2024 with a 4- minute average response time for emergency calls; and the dispatch received 49,276 emergency (911) calls of which 99.18 percent were answered wi thin 10 seconds. The IS/MND also describes that the City’s existing 165 sworn full-time officers equate to 1.18 officers per 1,000 City residents. The addition of 226 residents at full capacity of the proposed Project would equate to a potential need for 0.27 of an additional sworn officer, which would not require construction of new or expanded Police Department facilities. Further, the IS/MND describes that the Project would comply with the requirements established in Chapter 15.52 of the Municipal Code ( Building Security Ordinance #6 -22) that incorporate the concepts of Crime Prevention Through Environmental Design (CPTED), which involve the placement, and orientation of structures, access and visibility of common areas, placement of doors, windows, addre ssing, lighting and landscaping to reduce needs for police services. Furthe r, as part of review of the proposed Project the Police Department ha s reviewed the Project plans and ha s confirmed the ability to serve the Project, in addition to existing needs within the City.
Likewise, the City’s Public Works Department has reviewed the Project and has confirmed the ability to serve, as detailed in Section 19, Utilities and Service Systems, of the IS/MND. No specific concerns regarding public works services were identified by the comment. Potential impacts related to libraries were described on page 128 where it states that the Project site is located within an urban and developed area of t he City that is already served by public facilities. Thus, redevelopment of the site with 71 residences that would house approximately 226 residents at full capacity would have a less than significant impact.
In addition, page 126 and 127 of the IS/MND describe s that 11 elementary school students, 3 middle school students, and 7 high school students, are anticipated to be generated by the Project (based on Orange Unified School District assumptions). Page 127 of the IS/MND details that the School District’s 2025 Residential Commercial/Industrial Development School Fee Justification Study identifies that 4,408 elementary school seats, 751 middle school seats and 160 high school seats are available to house students generated from future residential units. Thus, the 21 students that would be generated from the Project would be accommodated by existing facilities.
Additionally, pursuant to Government Code Section 65995 et seq., the Project would be required to contribute school impact fees to the school district. I mpacts related schools would be less than significant. Overall, impacts related to public services would be less than significant, and no changes to the IS/MND are required.
North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-29
Final IS/MND
March 2026
Comment 5-7: This comment states that the MND notes the Project seeks approval through use of the Small Lot Subdivision Development Standards and requires Administrative Design Review.
Please explain this review, its process, and timing.
Response to Comment 5-7: As detailed on page 15 if the IS/MND, the Project includes a Zone Change to change the site zoning from C-TR to R3 (Multiple-Family Residential) with application of the Small Lot Subdivision Development Standards for fee simple duplex and detached residences. Additionally, the Project includes an Administrative Design Review for consideration of the architectural design, conceptual landscaping, and overall compliance with the City’s zoning regulations.
As part of the development review and permitting process, the City would ensure that the Project meets the R3 zoning requirements with application of the Small Lot Subdivision Development Standards for fee simple duplex and detached residences. The Administrative design review would ensure Project compliance with applicable standards prior to issuance of construction permits. This comment does not raise any issue with the adequacy of the IS/MND evaluation or raise any other CEQA issue. Further, the comment does not provide any substantial evidence that the Project would result in a significant environmental impact or that changes to the IS/MND evaluation are required.
Comment 5-8: This comment states Environmental Justice – no environmental justice impacts and mitigation measures are not disclosed. The comment also concludes the letter by stating they look forward to a response to comments 10 days prior to a hearing.
Response to Comment 5-8: This comment does not provide any substantial evidence that the Project could result in a significant environmental impact or that changes to the IS/MND evaluation are required. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environm ent includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). Moreover, CEQA also requires a project evaluate its impacts in relation to changes in an area’s populat ion, housing needs and coverage under adequate public services. Any potential environmental justice effects are social issues that are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, t he IS/MND includes an analysis of the Project’s potentially significant physical impacts on the environment pursuant CEQA Guidelines Appendix G threshold criteria and does not include discussion of environmental justice.
This comment is conclusionary in nature. As described on page 1, State CEQA Guidelines Section 15088 does not require a Lead Agency to prepare written responses to comments received on a Draft IS/MND. However, the City of Orange has elected to prepare writ ten responses with the intent of providing a comprehensive and meaningful evaluation of the proposed Project. As substantiated by the previous responses above, none of the conditions arise which would require changes to the evaluation of the IS/MND.
North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-30
Final IS/MND
March 2026
Letter 6: Lisa Ackerman Baldwin, Received February 24, 2026 (1 page)
North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-31
Final IS/MND
March 2026
RESPONSE TO COMMENT LETTER 6: Lisa Ackerman Baldwin
Comment 6-1: This comment expresses concern about how the zoning change would affect the city and how the proposed Project will affect property values and quality of life in the surrounding neighborhoods.
Response to Comment 6-1: The comment does not contain any comments related to the IS/MND or information requiring changes to the IS/MND. CEQA is an environmental protection statute that is concerned with the physical changes to the environment (CEQA Guidelines Section 15358(b)). Any economic and social effects of the proposed project are not treated as effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Therefore, consistent with CEQA, the IS/MND includes an analysis of the Project’ s potentially significant physical impacts on the environment and does not include a discussion of the Project’s economic or social effects.
The change from a vacant commercial site to a residential neighborhood was reviewed in the IS/MND pursuant to CEQA, which determined that potential impacts related to land use, population and housing, public services, recreation, transportation, and utilities and services systems (such as related to the quality of life) would be less than significant. No specific comments related to the IS/MND evaluation of physical environmental impacts were raised by the comment.
Comment 6-2: This comment asserts disagreement that little impact on traffic would result. The comment states that the times of day that vehicles would be leaving Project site would most likely correspond with the residents in of Coco Palms at 2295 N. Tustin Street, just to the south that would lead to a backup of north bound traffic with the signal control, and exasperate south bound Tustin traffic for those turning left out of the community.
Response to Comment 6-2: The comment provides opinion and does not provide any substantial evidence that the trip generations (IS/MND Tables T-1 and T-2) that were prepared pursuant to accepted Institute of Transportation Engineers trip generation rates and reviewed and approved by the City’s Traffic Engineering Division are inaccurate. As shown in Table T-2, the proposed Project is expected to generate 34 AM peak hour and 40 PM peak hour trips, which is less than the City’s threshold to require roadway analysis of 100 peak hour trips.
Regarding the vehicular trips from the change in zoning, Table T -1 identifies that the Best Buy store is estimated to have previously generated 1,875 daily trips, including 194 PM peak hour trips.
Potential future uses under the existing GC land use designation that allows a maximum FAR of
1.0 would generate a similar volume of trips. In comparison, Table T -2 shows that the proposed Project is expected to generate a total of 511 daily trips, including 40 PM peak hour trips.
Therefore, the Project would result in 1,364 fewer daily trips and 154 fewer PM peak hour trips than the previous commercial retail use on the site.
Comment 6-3: This comment states that as an adjacent one-story development they don't want three story residents with south facing windows looking down, nor want to have to look up at them; that it is a perception and safety thing.
Response to Comment 6-3: The comment does not raise a CEQA issue and does not raise an issue with the analysis within the IS/MND. However, as part of site design and planning of the Project, North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-32
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the concerns raised by the comment were evaluated. Page 16 of the IS/MND details that the proposed residences along north and south boundaries would have a minimum 10- foot setback from the property line and not have roof decks. Figure 3 of the IS/MND provides an aerial view of the Project site and adjacent uses. As shown, a majority of the site area that is adjacent to the residential uses is bound by approximately 23 and 29- foot-wide drive aisles plus approximately 25-foot-deep garages, and guest parking i n some locations. The Project is not adjacent to private open space areas to the north, and only directly adjacent to four existing residences to the southeast.
Thus, most of the proposed residences would be a minimum of 60 feet from the existing adjacent residences, with exception of five proposed residences that would be set between 14 and 23 feet from four residences to the southeast; however, those backyards would be contiguous, and no new public locations would be adjacent to existing residential priva te spaces. The setbacks from adjacent residences are shown in IS/MND Figure 8, Conceptual Site Plan. And Figure 17, Wall Plan, shows that the existing 6-foot-high walls to the north and south of the site would remain.
As part of the Project plans, views from the Project site and line of sight sections from the closest adjacent residential views were prepared, and are included as Figure 1, which shows the distance, height, adjacent walls, parking areas, and buildings; al ong with the line of sight from the second and third floors of the proposed residences. As detailed, views from the proposed residences would be of parking areas, walls, fences, landscaping and building sides. As shown on Figure 1, adjacent private residential areas would not be visible from the proposed second and third story areas.
Comment 6-4: This comment expresses concern about the loss of this commercial zoning and related sales tax revenue.
Response to Comment 6-4: The comment provides an opinion about the Project that is not related to the IS/MND evaluation and does not include information requiring changes to the IS/MND. As described previously, CEQA is an environmental protection statute that is concerned with the physical changes to the environment (CEQA Guidelines Section 15358(b)). Any economic and social effects of the proposed Project are not treated as effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Therefore, consistent with CEQA, the IS/MND does not include a discussion of the Project’s economic effects, including those related to sales tax revenue. However, as part of overall review of the proposed Project an economic analysis has been prepared and reviewed by the City.
Comment 6 -5: This comment states that residents noticed that when the previous building, a bowling alley, was demolished and the Best Buy was built, cracks in foundations began to show up. The comment expresses concern that with demolition of Best Buy and concrete crushing operations, even in the middle of the development, will have a negative impact to our properties.
Response to Comment 6-5: Potential impacts related to construction vibration were evaluated as detailed on pages 118 through 121 of the IS/MND and Mitigation Measure NOI -1 is included which requires implementation of a 20- foot equipment buffer zone to restrict the use of heavy construction equipment (greater than 80,000 pounds), vibratory rollers, large loaded trucks, and large bulldozers within 20 f eet of occupied sensitive receivers. As detailed in Table N -18 of the IS/MND, with implementation of the 20 -foot equipment buffer zone, construction equipment North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-33
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vibration would be below the Caltrans Transportation and Construction Vibration Guidance Manual vibration damage threshold for building vibration damage. Therefore, potential impacts related to construction vibration would be less than significant.
Comment 6-6: This comment refers to residents to the north of the Project and states that the commenter would not be in favor of the emergency gate emptying into that property. The comment provides thanks for including the comments into the public comments section Response to Comment 6-6: The comment provides an opinion about the Project that is not related to the IS/MND evaluation and does not include information requiring changes to the IS/MND.
Further, the comment is conclusionary in nature, and no further response is warranted.
North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-34
Final IS/MND
March 2026
Letter 7: Coco Palms HOA Board of Directors, Received February 25, 2026 (1 page)
North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-35
Final IS/MND
March 2026
RESPONSE TO COMMENT LETTER 7: Coco Palms HOA Board of Directors Comment 7-1: This comment expresses concern about the transition from General Commercial to Medium Density Residential at the site and privacy impacts from rooftop gardens. The comment states that the proposed three -story structures include roof patios/gardens that would directly overlook existing homes, creating a significant privacy intrusion.
Response to Comment 7-1: Page 15 of the IS/MND describes that the perimeter lots with the rear yards are adjacent to existing residences to the north and south of the site and would not have roof decks. As shown on Figure 16, Open Space Plan, all of the residences with proposed roof decks are located in the center of the Project site and all of the proposed residences along the north and south boundaries would have a private yard adjacent to perimeter walls. Thus, no roof decks would overlook existing residences.
would have a minimum 10-foot setback from the property line. Figure 3 of the IS/MND provides an aerial view of the Project site and adjacent uses, including the Coc o Palms Community. As shown, the site is adjacent to 29-foot-wide drive aisles plus approximately 25- foot-deep garages, and guest parking in the Coco Palms Community to the south of the Project site.
As part of the Project plans, views from the Project site and line of sight sections from the closest existing residences were prepared, and are included as Figure 1, which shows the distance, heights, adjacent walls, parking areas, and buildings; along with the line of sight from the second and third floors of the proposed residences. As detailed, the closest proposed residence would be set back 61 feet and 10 inches from existing residences in the Coco Palms community. Figure 1 also shows that views from the proposed residences of the Coco Palms areas would be of parking, walls, landscaping and building sides. P rivate residential areas would not be visible from the proposed second and third story areas.
Comment 7 -2: This comment expresses concern that rezoning this land from commercial to residential will result in a permanent loss of sales tax revenue for the City of Orange, further straining municipal services that would be utilized by a higher density of residents.
Response to Comment 7-2: The comment is not related to the IS/MND evaluation and does not include information requiring changes to the IS/MND. CEQA is an environmental protection statute that is concerned with the physical changes to the environment (CEQA Guidelines Section 15358(b)). Any economic effects of the proposed Project are not treated as effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Therefore, consistent with CEQA, the IS/MND does not include a discussion of the Project’s economic effects, i ncluding those related to sales tax revenue. However, as part of overall review of the proposed Project an economic analysis has been prepared and reviewed by the City; and the City has verified the ability to provide municipal services to the Project, in addition to existing City service demands.
Comment 7-3: This comment expresses concern regarding the adequacy of the existing plumbing and sewage infrastructure on Tustin Street to support an additional 71 high-density units.
North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-36
Final IS/MND
March 2026
Response to Comment 7 -3: As detailed on page 147 of the IS/MND, the Project would install new onsite water and sewer lines, which connect to the existing 12- inch diameter water main located in N. Tustin Avenue and existing 12-inch sewer line within E. Heim Avenue. The existing off-site water and sewer lines would accommodate the proposed Project, as confirmed by the City’s Public Works Department, and would not require expansion to serve the Project.
Comment 7-4: This comment states that the addition of approximately 226 new residents will significantly impact traffic flow on Tustin Street and that inadequate on-site parking will lead to spill over into neighboring areas.
Response to Comment 7 -4: As detailed on page 132 of the IS/MND the proposed Project is expected to generate a total of 511 daily trips, including 34 AM peak hour and 40 PM peak hour trips. This is less than the City’s threshold to require roadway analysis due to potential roadway effects, which is 100 peak hour trips or 1,600 daily trips. Thus, the proposed Project would not significantly impact traffic flow on N. Tustin Street. Regarding parking, the proposed Project includes a two -car garage for each residence, and 14 of the residences (the four -bedroom units) would have an extra dedicated unenclosed parking space on the same lot. In addition, the Project would provide 23 unenclosed guest parking spaces on the site. The Project includes a total of 179 parking spaces, which is 5 more than required by the City. Thus, the Project includes adequate parking pursuant to City requirements.
Comment 7-5: This comment requests that trash dumpsters be placed at a sufficient distance from our property line to ensure that odors do not impact residents.
Response to Comment 7 -5: The proposed Project does not include dumpsters. Each of the proposed residences would have separate 35- gallon trash, recycle, and organic bins; and solid waste pick ups would occur along the internal drive aisle, towards the center of the site, and not along the property lines. Due to the distance, residential building, fence, and wall barriers and the limited volume of solid waste within each 35- gallon bin, impacts related to odors are anticipated to be less than significant.
Comment 7 -6: This comment expresses concern about c onstruction noise and requests strict enforcement of noise ordinances, particularly regarding rock crushing and heavy machinery, to protect resident quality of life during the construction phase . The comment asks that these points be included in the official record for the Planning Commission and City Council.
Response to Comment 7 -6: The IS/MND includes evaluation of the Project construction noise, including concrete crushing, at the closest residences in the Coco Palms Community on pages 109 through 113, which was determined to be less than significant pursuant to criteria from the Federal Transit Administration Transit Noise and Vibration Impact Assessment Manual . In addition, the City’s construction permitting would ensure that construction is limited to the hours allowable by Orange Municipal Code Section 8.24.050, which states that construction shall occur only between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday. No construction activity is permitted on Sunday or Federal holidays. The comment will be included in the Final IS/MND along with all other comments received.
North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-37
Final IS/MND
March 2026
Letter 8: Doug Hamilton, Received February 25, 2026 (1 page)
North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-38
Final IS/MND
March 2026
RESPONSE TO COMMENT LETTER 8: Doug Hamilton
Comment 8 -1: This comment suggests that there should be a c ommercial zoning component running north and south, facing Tustin Street across the front of the housing development, and that the new housing tract be located behind the new commercial retail space. The comment states that it's a compromise that would protect the City's budget and that sales tax reve nue sources from properties zoned Commercial must be preserved at all costs. The comment asserts that Councilmembers protect the careful balance of zoning throughout our city as it relates to sales tax revenue and good management practices that protect the City's budget.
Response to Comment 8 -1: The proposed Project is consistent with the comment , whereby commercial uses would be located along N. Tustin Street, in front of the proposed residences. As detailed on IS/MND Figure 8, Conceptual Site Plan, the Project site would be accessed by a 29- foot-wide driveway that would also serve the existing retail use to the north of the driveway and a proposed commercial use to the south of the driveway. As shown on IS/MND Figure 8, Conceptual Site Plan, and Figure 18, Conceptual Landscaping Plan, the proposed residences would not front N. Tustin Street but would be set behind (east of) commercial uses, as suggested by the comment.
The comment provides an opinion about the Project that is not related to the IS/MND evaluation and does not include information requiring changes to the IS/MND. It should be further noted that CEQA is an environmental protection statute that is concerned with the physical changes to the environment (CEQA Guidelines Section 15358(b)). Any economic and social effects of the proposed Project are not treated as effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Therefore, consistent wi th CEQA, the IS/MND does not include a discussion of the Project’s economic effects, including those related to sales tax revenue. However, as part of overall review of the proposed Project an economic analysis has been prepared and reviewed by the City.
North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 39 City of Orange
Final IS/MND
March 2026
Figure 1: Proposed Project Line of Sight Sections
North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-40
Final IS/MND
March 2026
Figure 2: Proposed Project Shade and Shadow
North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-41
Final IS/MND
March 2026
Figure 3: Proposed Schematic Planting Plan
North Tustin Street Residential Project
Response to Comments on the Public Review IS/MND MND NO. ENV25-0001 City of Orange 2-42
Final IS/MND
March 2026
Figure 4: Proposed Tree Images
North Tustin Street Residential Project
Revisions to the Public Review IS/MND MND NO. ENV25-0001 City of Orange 3-1
Final IS/MND
March 2026
CHAPTER 3
REVISIONS TO THE PUBLIC REVIEW IS/MND
This chapter of the Final Initial Study/Mitigated Negative Declaration (IS/MND) contains revisions to the Public Review IS/MND based upon: (1) clarifications required to prepare a response to a specific comment; and/or (2) typographical errors. These revisions do not alter any impact significance conclusions as disclosed in the IS/MND. Changes made to the IS/MND text are identified here in strikeout text to indicate deletions and in double underlined text to signify additions.
Revisions in Response to Written Comments and City Changes to Text The following revisions, organized by IS/MND Section, have been made in response to comments received on the IS/MND and to provide additional clarification.
Figure 18, Conceptual Landscaping Plan
Figure 18, Conceptual Landscaping Plan, on page 43 of the IS/MND has been replaced with the updated Figure 18, provided below, wherein the arrow for keynote 16 correctly points to the property line, as identified in the legend.
Appendix L, Mitigation Monitoring and Reporting Program The sub header and second and third paragraphs on the first page of the Mitigation Monitoring and Reporting Program (MMRP) of Appendix L have been revised as follows:
Mitigation Monitoring and Reporting Program Plan
The California Environmental Quality Act (CEQA) requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring plan. This requirement ensures that environmental impacts found to be potentially significant will be mitigated. The reporting or monitoring plan must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6).
In compliance with Public Resources Code Section 21081.6, the attached Mitigation Monitoring and Reporting Program (MMRP) c hecklist has been prepared for the North Tustin Street Residential Project. The table identifies Project Design Features (PDFs); Plans, Programs, and Policies (PPPs); and Mitigation Measures (MMs) required by the City to mitigate or avoid significant adverse impac ts associated with the implementation of the Project. This Mitigation Monitoring and Reporting MMRP checklist is intended to provide verification that all applicable mitigation measures relative to significant environmental impacts are monitored and reported.
Monitoring will include: 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation measure; and 3) retention of records in the City’s North Tustin Street Residential project file.
This Mitigation Monitoring and Reporting Program ( MMRP) delineates responsibilities for monitoring the Project but also allows the City flexibility and discretion in determining how best North Tustin Street Residential Project
Revisions to the Public Review IS/MND MND NO. ENV25-0001
City of Orange 3-2
Final IS/MND
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to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented. This includes the review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the Mitigation Monitoring and Reporting MMRP checklist. If an adopted mitigation measure is not being properly implemented, the designated monitoring personnel shall require corrective actions to ensure adequate implementation.
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North Tustin Street Residential Project
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North Tustin Street Residential Project
Mitigation Monitoring and Reporting Program MND NO. ENV25-0001
City of Orange 4-1
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CHAPTER 4
MITIGATION MONITORING AND REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring pl an. This requirement ensures that environmental impacts found to be potentially significant will be mitigated. The reporting or monitoring plan must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6).
In compliance with Public Resources Code Section 21081.6, the attached Mitigation Monitoring and Reporting Program (MMRP) c hecklist has been prepared for the North Tustin Street Residential Project. The table identifies Project Design Features (PDFs); Plans, Programs, and Policies (PPPs) ; and Mitigation Measures (MMs) required by the City to mitigate or avoid significant adverse impacts associated with the implementation of the P roject. This MMRP Checklist is intended to provide verification that all applic able mitigation measures relative to significant environmental impacts are monitored and reported. Monitoring will include: 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation measure; and 3) retention of records in the City’s North Tustin Street Residential Project file.
This MMRP delineates responsibilities for monitoring the P roject but also allows the City flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented. This includes the review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the MMRP checklist. If an adopted mitigation measure is not being properly implemented, the designated monitoring personnel shall require corrective actions to ensure adequate implementation.
Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the following steps:
• The City distributes reporting forms to the appropriate entities for verification of compliance. • Departments/agencies with reporting responsibilities will review the Initial Study/Mitigated Negative Declaration, which provides general background information on the reasons for including specified mitigation measures.
• Periodic meetings may be held during P roject implementation to report on compliance of mitigation measures.
• Responsible parties provide the City with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review.
• The City prepares a reporting form periodically during the construction phase and an annual report summarizing all project mitigation monitoring efforts.
City of Orange North Tustin Street Residential Project
Mitigation Monitoring and Reporting Program MND NO. ENV25-0001 City of Orange 4-2
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• Appropriate mitigation measures will be included in construction documents and/or conditions of permits/approvals.
Minor changes to the MMRP, if required, would be made in accordance with CEQA and would be permitted after review and approval by the City. Such changes could include reassignment of monitoring and reporting responsibilities, plan redesign to make any appr opriate improvements, and/or modification, substitution or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No change will be permitted unless the MMRP continues to satisfy the requirements of Public Resources Code Section 21081.
City of Orange North Tustin Street Residential Project
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Mitigation Monitoring and Reporting Program Checklist
No.
Project Design Feature / Plan, Program, Policy /
Mitigation Measure
Time Frame and
Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials
Date
Remarks
Aesthetics
PPP
AES-1
Exterior Lighting. Exterior lighting on the Project
site shall conform to the regulations within Orange
Municipal Code Section 17.12.030. Lighting on any
premises shall be directed, controlled, screened or
shaded in such a manner as not to shine directly on
surrounding premi ses. Lighting on any residential
property shall be controlled so as to prevent glare or
direct illumination of any public sidewalk or
thoroughfares.
Prior to Building
Permits.
City of Orange
Building & Safety
Prior to Building
Permits.
City of Orange
Building & Safety
Air Quality
PPP
AQ-1
Rule 402. The Project is required to comply with the
provisions of South Coast Air Quality Management
District (SCAQMD) Rule 402. The Project shall not
discharge from any source whatsoever such quantities
of air contaminants or other material which cause
injury, det riment, nuisance, or annoyance to any
considerable number of persons or to the public, or
which endanger the comfort, repose, health or safety
of any such persons or the public, or which cause, or
have a natural tendency to cause, injury or damage to
business or property.
Prior to
Demolition,
Grading and
Building Permits
City of Orange
Building & Safety
During
construction
City of Orange
Building & Safety
City of Orange North Tustin Street Residential Project
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No.
Project Design Feature / Plan, Program, Policy /
Mitigation Measure
Time Frame and
Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials
Date
Remarks
PPP
AQ-2
Rule 403. The Project is required to comply with the
provisions of South Coast Air Quality Management
District (SCAQMD) Rule 403, which includes the
following:
• All clearing, grading, earth -moving, or
excavation activities shall cease when winds
exceed 25 mph per SCAQMD guidelines in
order to limit fugitive dust emissions.
• The contractor shall ensure that all disturbed
unpaved roads and disturbed areas within the
Project are watered, with complete coverage of
disturbed areas, at least 3 times daily during dry
weather; preferably in the mid -morning,
afternoon, and after work is done for the day.
• The contractor shall ensure that traffic speeds on
unpaved roads and Project site areas are reduced
to 15 miles per hour or less.
Prior to
Demolition,
Grading and
Building Permits
City of Orange
Building & Safety
During
Construction
City of Orange
Building & Safety
PPP
AQ-3
Rule 1113. The Project is required to comply with the
provisions of South Coast Air Quality Management
District Rule (SCAQMD) Rule 1113. Only “Low -
Volatile Organic Compounds” paints (no more than 50
gram/liter of VOC) and/or High Pressure Low Volume
(HPLV) applications shall be used.
Prior to Building
Permits
City of Orange
Building & Safety
During
Construction
City of Orange
Building & Safety
City of Orange North Tustin Street Residential Project
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No.
Project Design Feature / Plan, Program, Policy /
Mitigation Measure
Time Frame and
Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials
Date
Remarks
Biological Resources
MM
BIO-1
Pre‐construction Nesting Bird Survey. Construction
plans and Project specifications shall state that if
construction or vegetation removal activities are
scheduled to occur during the bird breeding season
(February 1 through August 31), a pre‐construction
nesting bird survey shall be conducted by a qualified
biologist to ensure that active bird nests will not be
disturbed or destroyed. The survey shall be completed
no more than three days prior to initial ground
disturbance. The nesting bird survey shall include the
Project area and adjacent areas where Project activities have the potential to affect active nests, either directly or indirectly due to construction activity or noise. If an active nest is identified, a qualified biologist shall
establish an appropriate disturbance limit buffer
around the nest using flagging or staking. Construction activities shall not occur within any disturbance limit buffer zones until the nest is deemed inactive by the
qualified biologist.
Prior to
Demolition and
Grading Permits
City of Orange
Planning
Prior to
Demolition and
Grading Permits
Qualified
Biologist
Cultural Resources
PPP
CUL-1
Human Remains. In the event that human remains are
encountered on the Project site, work within 50 feet of the discovery shall cease and the County Coroner shall
be notified immediately consistent with the
requirements of CEQA Guidelines Section
Prior to Grading
Permits.
During
Construction
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No.
Project Design Feature / Plan, Program, Policy /
Mitigation Measure
Time Frame and
Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials
Date
Remarks
15064.5(e). State Health and Safety Code Section
7050.5 states that no further disturbance shall occur
until the County Coroner has made a determination of
origin and disposition pursuant to Public Resources
Code (PRC) Section 5097.98. Prior to the issuanc e of
grading permits, the City Community and Planning,
Building, and Code Enforcement Department
Director, or designee, shall verify that all grading
plans specify the requirements of CEQA Guidelines
Section 15064.5(e), Health and Safety Code Section
7050.5, and PRC Section 5097.98, as stated above..
City of Orange
Planning
City of Orange
Planning
Energy
PPP E-
1 Title 24 CalGreen Compliance : T The Project is
required to comply with the Title 24 standards that are adopted by reference in Chapter 15.54 of the City of
Orange Municipal Code and the CalGreen Building
Code as included in the Orange Municipal Code
Section 15.17.010 to ensure efficient use of energy.
Title 24 and CalGreen specifications are required to be incorporated into building plans as a condition of
building permit approval.
Prior to Building
Permits.
City of Orange
Building & Safety
Before
construction.
City of Orange
Building & Safety
Geology and Soils
PPP
GEO-1
California Building Code. Prior to issuance of any
construction permits, the project is required to
demonstrate compliance with the California Building
Code as included in the Orange Municipal Code
Prior to Building
Permits
Before
construction.
City of Orange North Tustin Street Residential Project
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No.
Project Design Feature / Plan, Program, Policy /
Mitigation Measure
Time Frame and
Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials
Date
Remarks
Chapter 15.04 to preclude significant adverse effects
associated with seismic hazards, including expansive
and corrosive soils. California Building Code related
and geologist and/or civil engineer specifications for
the project are required to be incorporated into grading plans and specifications as a condition of construction permit approval.
City of Orange
Building & Safety
City of Orange
Building & Safety
Greenhouse Gas Emissions
PPP E-
1 Title 24 CalGreen Compliance. As listed previously
in Energy.
Prior to Building
Permits
City of Orange
Building & Safety
Before
Construction
City of Orange
Building & Safety
Hydrology and Water Quality
PPP
WQ-1
NPDES/SWPPP. Prior to issuance of any grading or
demolition permits, the applicant shall provide the
City evidence of compliance with the NPDES
(National Pollutant Discharge Elimination System)
requirement to obtain a construction permit from the
State Water Resource C ontrol Board (SWRCB). The
permit requirement applies to grading and
construction sites of one acre or larger. The Project
applicant/proponent shall comply by submitting a
Notice of Intent (NOI) and by developing and
implementing a Stormwater Pollution Prevention Plan
Prior to Grading
and Demolition
Permits
City of Orange
Public Works
Prior to
Construction
City of Orange
Public Works
City of Orange North Tustin Street Residential Project
Mitigation Monitoring and Reporting Program MND NO. ENV25-0001 City of Orange 4-8
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No.
Project Design Feature / Plan, Program, Policy /
Mitigation Measure
Time Frame and
Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials
Date
Remarks
(SWPPP) and a monitoring program and reporting
plan for the construction site.
PPP
WQ-2
WQMP. Prior to the approval of the Grading Plan and
issuance of Grading Permits a completed Water
Quality Management Plan (WQMP) shall be
submitted to and approved by the City . The WQMP
shall identify all Post- Construction, Site Design.
Source Control, and Trea tment Control Best
Management Practices (BMPs) that will be
incorporated into the development project in order to
minimize the adverse effects on receiving waters.
Prior to Grading
and Building
Permits
City of Orange
Building and
Public Works
Prior to
Construction
City of Orange
Building and
Public Works
Noise
PDF-1 Interior Noise. Project building plans, specifications, and permits shall detail that the third floor of the
residence in the northeastern most portion of the site
(Lot 54) will be developed with upgraded windows
that have a minimum Sound Transmission Class
(STC) rating of 31.
Prior to Building
and Occupancy
Permits
City of Orange
Building and
Public Works
Site inspection of
Lot 54 prior to
Occupancy
Permits
City of Orange
Building and
Public Works
MM
NOI-1
Vibration. The City of Orange (City) Director of
Community Development, or designee, shall verify
prior to issuance of demolition or grading permits, that the construction plans require that the construction
contractor restrict the use of heavy construction
equipment (i.e., greater than 80,000 pounds), vibratory Prior to Grading
and Demolition
Permits
During
Construction
City of Orange
Building & Safety
City of Orange North Tustin Street Residential Project
Mitigation Monitoring and Reporting Program MND NO. ENV25-0001 City of Orange 4-9
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No.
Project Design Feature / Plan, Program, Policy /
Mitigation Measure
Time Frame and
Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials
Date
Remarks
rollers, large loaded trucks, and large dozers within 20 feet of any off-site receiver location. Instead, smaller, rubber-tired bulldozers (less than 80,000 pounds) shall be used within this area during Project construction to reduce vibration levels.
City of Orange
Building & Safety
Tribal Cultural Resources
MM
TCR-1
Native American Monitoring.
A. The Project plans, specifications, and grading
permits shall state that the Project applicant shall
retain a Native American Monitor. The monitor
shall be retained prior to the commencement of any
“ground-disturbing activity” for the subject Project
at all Project locations (i.e., both on- site and any
off-site locations that are included in the project
description and/or required in connection with the
Project, such as public improvement work).
“Ground-disturbing activity” shall include, but is
not limited to, demolition, pavement removal,
potholing, auguring, grubbing, tree removal,
boring, grading, excavation, drilling, and
trenching.
B. A copy of the executed monitoring agreement shall
be submitted to the City prior to the earlier of the
commencement of any ground-disturbing activity,
or the issuance of any permit necessary to
commence a ground-disturbing activity.
Prior to Ground
Disturbing
Activities
City of Orange
Planning
During
Construction
Native American
Monitor
City of Orange North Tustin Street Residential Project
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No.
Project Design Feature / Plan, Program, Policy /
Mitigation Measure
Time Frame and
Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials
Date
Remarks
C. The monitor shall complete daily monitoring logs
that will provide descriptions of the relevant
ground-disturbing activities, the type of
construction activities performed, locations of
ground-disturbing activities, soil types, cultural -
related materials, and any other facts, conditions,
materials, or discoveries of significance to the
Tribe. Monitor logs shall identify and describe any
discovered TCRs, including but not limited to,
Native American cultural and historical artifacts,
remains, places of significance, etc., (collectively,
tribal cultural resources, or “TCR”), as well as any
discovered Native American (ancestral) human
remains and burial goods. Copies of monitor logs
shall be provided to the Project applicant/lead
agency upon written request to the Tribe.
D. On-site tribal monitoring shall conclude upon the
latter of the following (1) written confirmation to
the monitoring Tribe from a designated point of
contact for the Project applicant/lead agency that
all ground- disturbing activities and phases that
may in volve ground- disturbing activities on the
Project site or in connection with the Project are
complete; or (2) a determination and written
notification by the monitoring Tribe to the Project
applicant/lead agency that no future, planned
construction activit y and/or
City of Orange North Tustin Street Residential Project
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Project Design Feature / Plan, Program, Policy /
Mitigation Measure
Time Frame and
Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials
Date
Remarks
development/construction phase at the Project site
possesses the potential to impact TCRs.
MM
TCR-2
Unanticipated Discovery of Tribal Cultural
Resource Objects.
A. Upon discovery of any TCRs, the monitoring tribe
notify the City and Project Applicant and all
construction activities in the immediate vicinity of
the discovery shall cease (i.e., not less than the
surrounding 50 feet) and shall not resume until the
discovered TCR has been fully assessed by the
tribal monitor and/or tribal archaeologist. The
monitoring tribe shall recover and retain all
discovered TCRs in the form and/or manner the
monitoring tribe deem appropriate.
During Ground
Disturbing
Activities
City of Orange
Planning
During
Construction
Native American
Monitor
MM
TCR-3
Unanticipated Discovery of Human Remains and
Associated Funerary or Ceremonial Objects.
A. MM TCR -3: Unanticipated Discovery of Human
Remains and Associated Funerary or Ceremonial
Objects.
B. Native American human remains are defined in
PRC 5097.98 (d)(1) as an inhumation or
cremation, and in any state of decomposition or
skeletal completeness. Funerary objects, called
associated grave goods in Public Resources Code
Section 5097.98, are also to be treated according to
this statute.
During Ground
Disturbing
Activities
City of Orange
Planning
During
Construction
Native American
Monitor
City of Orange North Tustin Street Residential Project
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No.
Project Design Feature / Plan, Program, Policy /
Mitigation Measure
Time Frame and
Responsible
Party for
Implementation
Time Frame and
Responsible
Party for
Monitoring
Verification of Compliance
Initials
Date
Remarks
C. If Native American human remains and/or grave
goods are discovered or recognized on the Project
site, then Public Resource Code 5097.9 as well as
Health and Safety Code Section 7050.5 shall be
followed.
D. Human remains and grave/burial goods shall be
treated alike per California Public Resources Code
section 5097.98(d)(1) and (2).
E. Preservation in place (i.e., avoidance) is the
preferred manner of treatment for discovered
human remains and/or burial goods.
F. Any discovery of human remains/burial goods
shall be kept confidential to prevent further
disturbance.
PPP
CUL-1
Human Remains. California Health and Safety Code
Section 7050.5. Listed previously in Section 5,
Cultural Resources.
Prior to Grading
Permits
City of Orange
Planning
During
Construction
City of Orange
Planning