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HomeMy WebLinkAboutPC RES 4555RESOLUTION NO. 4555 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESIGN REVIEW 2025-0009 AND SUBDIVISION 2025-0010/TENTATIVE PARCEL MAP 2026-108, AUTHORIZING THE SUBDIVISION OF AN APPROXIMATELY 8.3-ACRE SITE INTO TWO NUMBERED PARCELS AND ONE LETTERED LOT FOR THE DEVELOPMENT OF 177,696 SQUARE FEET OF INDUSTRIAL WAREHOUSE ACROSS TWO BUILDINGS AT 2441 MICHELLE DRIVE The Planning Commission of the City of Tustin, California does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application has been submitted by Jocelyn Wan, HPA, Inc., on behalf of the property owner, EBS Realty Partners, requesting authorization to demolish an existing 117,805-square-foot commercial and warehouse building to construct two new industrial warehouse buildings on an approximate 8.3-acre site located at 2441 Michelle Drive (Assessor Parcel Numbers 432-471-16 and 432-391-59) with a zoning designation of Planned Community – Industrial (PC-IND): B. That the development application includes the following requests: • Design Review (DR) 2025-0009 for the site layout and building design of two new industrial warehouse buildings totaling approximately 177,696 square feet; and • Subdivision (SUB) 2025-0010/Tentative Parcel Map (TPM) 2026-108 to subdivide the land area into two numbered parcels and one lettered lot. C. That the subject property is located within the Planned Community Industrial (PC IND) zoning district and is regulated by Ordinance No. 611 (Irvine Industrial Complex District Regulations), and has a Planned Community Commercial/Business (PCCB) General Plan land use designation. The proposed project is consistent with the PCCB General Plan land use designation and with the objectives, land use regulations, and development standards of the PC IND zoning district. D. That the project has been determined to be consistent with the Air Quality Sub-element of the General Plan. E. That Tustin City Code (TCC) Section 9272 authorizes the Community Development Director to consider a Design Review application; however, Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Resolution No. 4555 Page 2 since the proposal includes an entitlement application that requires Planning Commission approval, DR 2025-0009 is forwarded to the Planning Commission for concurrent consideration of site layout and building design. F. That pursuant to TCC Section 9323, a tentative parcel map is required for all subdivisions creating four or fewer parcels, and TCC Section 9321 authorizes the Planning Commission to review and take action on tentative maps. G. That pursuant to TCC Section 9272, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk, and area of buildings. The project proposes two industrial warehouse buildings totaling approximately 177,696 square feet, including 93,678 square feet (Building 1) and 84,018 square feet (Building 2), on an approximately 8.3-acre site. Building 1 would have a building footprint of 87,795 square feet on proposed Parcel 1 (4.17 acres) and Building 2 would have a building footprint of 80,018 square feet on proposed Parcel 2 (3.71 acres), with the balance of each building’s floor area consisting of mezzanine office space. The maximum height of Building 1 is 47 feet and 10 inches (47'-10") and the maximum height of Building 2 is 47 feet and six inches (47'-6"). Building height within the Irvine Industrial Complex District Regulations is governed by Federal Aviation Administration notification and airspace clearance requirements; the project site is located outside the notification area for John Wayne Airport (JWA), and the maximum height of both buildings clears the airspace easement for JWA. Lot coverage of approximately 48.9 percent is below the 50 percent maximum permitted, and coverage on each proposed parcel (approximately 48.3 percent on Parcel 1 and 49.5 percent on Parcel 2) is likewise below the maximum. The resulting floor area ratio of approximately 0.51 (0.516 for Building 1 and 0.520 for Building 2) is within the 0.40 to 1.5 floor area ratio range established by the General Plan. 2. Setbacks and site planning. The buildings are set back approximately 81 feet from Michelle Drive where 30 feet is required, 10 feet from the east side property line where 10 feet is required, approximately 52 feet from the west side property line facing residential uses across Tustin Ranch Road, and approximately 85 feet from the rear property line adjoining Interstate 5, where no rear yard setback is required. The buildings are sited so that all loading dock doors face inward toward a shared truck court located between the two buildings, locating truck Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Resolution No. 4555 Page 3 loading operations away from Michelle Drive and away from residentially zoned property to the west. 3. Exterior materials and colors. The buildings are of contemporary concrete tilt-up construction with staggered panels that provide articulation along Michelle Drive. The buildings would be finished in gray, white, and blue, with gray wood-grain porcelain tile accents, blue glazing, black mullions, and metal canopies. The main entrances to each building include large entry windows with insulated glass surrounded by black mullions and cantilevered metal canopies. Pursuant to Condition of Approval No. 2.3, project materials shall substantially comply with those identified in the approved plans. 4. Type and pitch of roofs. Both buildings utilize low-slope roofs concealed behind parapets. Rooftop mechanical equipment would be fully enclosed within the parapet so that it is not visible from the public right-of-way, and pursuant to Condition of Approval 2.8, all roof access shall be provided from the inside of the building. 5. Size and spacing of windows, doors, and other openings. Fenestration is concentrated at the main building entrances facing the central driveway, where large entry windows with blue insulated glass and black mullions provide additional visual interest from the public right-of-way. The 22 dock doors are distributed with 11 doors on the eastern elevation of Building 1 and 11 doors on the western elevation of Building 2, oriented inward toward the shared truck court and fully screened from adjacent streets. 6. Roof structures. Rooftop mechanical equipment would be fully enclosed within a parapet. Pursuant to Condition of Approval No. 2.9 and TCC Section 9271ii, no rooftop mounted equipment shall be visible from the public right-of-way or parking lot areas, and compliance is required to be verified at plan check and at field inspection. Pursuant to Condition of Approval No. 2.10, no exterior downspouts are permitted and all roof drainage shall utilize interior piping. 7. Location, height, and standards of exterior illumination. The project includes wall-mounted, pole-mounted, bollard, and landscape lighting. All other outdoor lighting would be shielded and directed so as to avoid spillover onto adjacent properties, including residentially zoned property to the west, in accordance with TCC Section 9271hh and the Tustin Lighting Ordinance (Ordinance No. 1503). Pursuant to Condition of Approval No. 14.2, the applicant shall ensure that adequate and properly functioning lighting illuminates the parking lot and entry and exit points. 8. Landscaping, parking area design, and traffic circulation. The project provides approximately 43,430 square feet (0.997 acre) of drought-tolerant and ornamental landscaping, or approximately 12 percent of the site, throughout the site perimeter and parking areas, consisting of 36-inch and 24-inch box trees, 15-gallon trees, shrubs, Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Resolution No. 4555 Page 4 accents, and groundcovers that screen the buildings and parking areas from off-site viewpoints. Trees within and around the parking areas comply with the size and quantity requirements of Irvine Industrial Complex Planned Community District Regulations Section V(D)(5), and pursuant to Condition of Approval No. 2.17, detailed landscaping and irrigation plans consistent with City Council Ordinance No. 1465, the adopted Guidelines for Implementation of the Water Efficient Landscape Ordinance, TCC Section 9266e, and Irvine Industrial Complex Planned Community District Regulations Section V(D) are required prior to issuance of a building permit. The project provides 158 on-site parking spaces where 157 spaces are required by Irvine Industrial Complex Planned Community District Regulations Section V(E)2, consisting of 120 standard stalls, 30 electric vehicle charging station stalls, and eight accessible stalls, allocating 86 spaces to Building 1 and 72 spaces to Building 2 pursuant to Condition of Approval No. 2.2, and provides bicycle parking consisting of one rack at each building. Site access is provided by two driveways along Michelle Drive: a primary driveway approximately 40 feet in width located at the corner of Chambers Road and Michelle Drive near the center of the site frontage, accommodating both passenger vehicles and trucks, and a 27-foot-wide driveway at the eastern corner of the site providing passenger vehicle access only. Internal circulation is provided by 26-foot-wide on-site drive aisles that also serve as fire lanes, and trucks are able to maneuver and queue entirely on the project site as required by Irvine Industrial Complex District Regulations Section V(J) and TCC Section 9266d2. The project would construct full-width sidewalks along the project frontage on Michelle Drive and Chambers Road. A master sign plan is required by Condition of Approval No. 2.16 pursuant to TCC Section 9403(h). 9. Location and appearance of equipment located outside an enclosed structure. All utilities are required to be installed underground pursuant to Condition of Approval No. 2.14 and TCC Section 9271b2. Pursuant to Condition of Approval No. 2.12, utility meters located outside of the building shall be screened with landscaping to the greatest extent possible and electrical transformers shall be located in areas with room for landscape screening, and pursuant to Condition of Approval No. 2.13, backflow devices and double detector checks shall be painted to match surrounding landscaping or the building. The shared truck court is secured and screened by an eight-foot-tall concrete tilt-up screen wall with an eight-foot-tall double swing gate at its entrance, set back approximately 145 feet from Michelle Drive and the public right-of-way, and by an eight-foot-tall wrought iron fence with an eight-foot-tall manually operated metal gate at its exit. The gates provide truck access to the east and west sides of both buildings and are located to allow trucks to fully queue on the property. Any outdoor storage is required to Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Resolution No. 4555 Page 5 be visually screened and not visible from any street or adjacent property pursuant to Condition of Approval No. 2.15. 10. Location and method of refuse storage. Refuse and recycling storage is provided within enclosed trash enclosures located near the loading dock area, screened from view of Michelle Drive and accessible from internal drive aisles. Pursuant to Condition of Approval No. 5.2, trash enclosures shall be provided with fire sprinklers and drains as required; pursuant to Condition of Approval No. 9.2, the applicant, property owner, and future tenants are required to participate in the City’s facility solid waste collection and recycling program; and pursuant to Condition of Approval No. 9.1, construction and demolition debris is subject to a Waste Recycling and Reduction Plan. 11. Physical relationship of proposed structures to existing structures in the neighborhood. The project site is located within an established industrial and commercial area. Adjoining uses consist of Interstate 5 to the north, with a commercial auto dealership approximately 500 feet beyond; a medical office and associated parking lot to the east; commercial and office uses across Michelle Drive to the south; and Tustin Ranch Road to the west, with residential uses beyond. The buildings are set back approximately 81 feet from Michelle Drive, and the greater 52-foot setback provided along the west property line, together with perimeter landscaping and the inward orientation of the loading docks, provides an appropriate transition to the residentially zoned property across Tustin Ranch Road to the west. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The contemporary tilt-up concrete architecture, staggered panel articulation, and gray, white, and blue material palette are consistent with the design character of similar industrial buildings in the vicinity of the project site. Building orientation and façade articulation along Michelle Drive establish a consistent street presence that will complement existing and future development on adjoining parcels. 13. Development guidelines and criteria as adopted by the City Council. The project complies with the Irvine Industrial Complex Planned Community District Regulations (Ordinance No. 611) and with all applicable development standards of the PC IND zoning district, including minimum lot area, lot coverage, floor area ratio, setbacks, building height, landscaping, walls and fences, and utilities. H. That, as conditioned, SUB 2025-0010/TPM 2026-108 will be in conformance with the General Plan, the Irvine Industrial Complex District Regulations, the State Subdivision Map Act, and the Tustin Subdivision Code, as follows: Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Resolution No. 4555 Page 6 1. That the proposed subdivision, and the provisions for its design and improvement, are consistent with the City’s General Plan and with the Irvine Industrial Complex District Regulations, in that the project site is designated Planned Community Commercial/Business (PCCB) by the General Plan and zoned Planned Community Industrial (PC IND), and the proposed industrial warehouse development is consistent with the objectives, land use regulations, and development standards applicable to the site; 2. That the site is physically suitable for the type of development proposed, in that the project site is a previously developed, generally level infill site located within an urbanized area and served by existing public streets and utility infrastructure; 3. That the site is physically suitable for the proposed density of development, in that the project would be developed at a floor area ratio of approximately 0.51 on a 7.88-net-acre site, which is within the allowable intensity of the PCCB General Plan land use designation and the development standards of the PC IND zoning district; 4. That the proposed subdivision would create two numbered parcels and one lettered lot. Proposed Parcel 1 (approximately 4.17 acres) and proposed Parcel 2 (approximately 3.71 acres) are of sufficient size and shape to allow the construction of the proposed industrial warehouse buildings and exceed the minimum 30,000-square-foot lot area required by the Irvine Industrial Complex Planned Community District Regulations. Proposed Parcel A (approximately 0.39 acres) is a lettered lot on which no development is proposed and which would be dedicated to the City of Tustin; 5. That the proposed tentative parcel map provides for the dedication in fee title to the City of Tustin, at no cost to the City, of proposed Parcel A, consisting of an existing easement recorded in December 1988 as Instrument No. 88-646012 located along a portion of Tustin Ranch Road, for street, highway, public utility, and incidental purposes, as required by Condition of Approval No. 4.6. The subdivider is further required to release and relinquish to the City all vehicular access rights along Michelle Drive except at approved access locations and street intersections pursuant to Condition of Approval No. 4.4, and to satisfy applicable dedication and reservation requirements, including vehicular access rights, sewer easements, and water easements, pursuant to Condition of Approval No. 4.5; 6. That the proposed tentative parcel map provides for the relocation of an existing 10-foot-wide gas easement containing an active 16-inch gas line and an existing 15-foot-wide Irvine Ranch Water District easement containing a 12-inch domestic water line, each of which presently bisects the northwestern portion of the project site, into new easement Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Resolution No. 4555 Page 7 alignments extending around the western side of proposed Building 1, and the design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; 7. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that the project site is a previously developed site located within an urbanized area that does not contain riparian, wetland, or other sensitive natural habitat, and the project is required to implement Mitigation Measures BIO-1 through BIO-4 as set forth in the Mitigation Monitoring and Reporting Program and further incorporated into the conditions of approval; 8. That the design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that the project is required to comply with all applicable provisions of the Tustin City Code, the California Building Standards Code, and the conditions of approval attached hereto as Exhibit A; 9. That a copy of proposed TPM 2026-108 was transmitted to public agencies and utility providers having jurisdiction or a title interest in the subject property for review and comment between July 30, 2026, and August 14, 2026, in accordance with Sections 66453 through 66455.7 of the California Government Code (Article 3 of the Subdivision Map Act). The City received one comment from the Southern California Gas Company on August 4, 2026, stating that it had no issue with the proposed project. No additional comments on the TPM were received from outside agencies; and 10. That "will serve" letters from the project site’s respective utility providers, confirming that services can be provided to the site, are required pursuant to Condition of Approval No. 2.4. I. That the project satisfies the minimum parking requirement by providing 158 on-site parking spaces where 157 spaces are required by Irvine Industrial Complex Planned Community District Regulations Section V(E)2 for the proposed office and warehouse uses. The project consists of approximately 158,696 square feet of warehouse area and 19,000 square feet of office area, such that office area constitutes approximately 10.7 percent of the total gross floor area, consistent with the PC IND zoning district, which provides for uses that do not maintain greater than 50 percent of their gross floor area for office purposes. The proposed project is a speculative development that would accommodate a future industrial tenant or tenants; pursuant to Condition of Approval No. 2.2 the project shall provide 158 on-site parking spaces at all times, and subsequent tenant improvement plans are required to be reviewed and approved by the City prior to interior build- out to ensure continued compliance with the applicable parking Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Resolution No. 4555 Page 8 requirement. J. That a public hearing was duly called, noticed, and held on said applications on August 25, 2026, by the Planning Commission. K. That the City of Tustin is the lead agency for the proposed project and the Planning Commission is the decision-making body for the proposed project. L. That the City of Tustin certified the Final Program Environmental Impact Report for the City of Tustin General Plan (State Clearinghouse No. 92101104) in December 1993 (the "GP EIR"). Pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an environmental impact report was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. A CEQA Guidelines Section 15183 Streamline Exemption analysis, following the format of the CEQA Guidelines Appendix G Environmental Checklist, has been prepared for the proposed project and is attached hereto as Exhibit C. Based upon that analysis, the Planning Commission finds that: 1. The project is consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified. The project would develop the site with two industrial warehouse buildings, which is consistent with the uses analyzed in the GP EIR and allowed under the PCCB General Plan land use designation and the PC IND zoning designation, at a floor area ratio of approximately 0.51 on the 7.88-net-acre site; 2. There are no project-specific effects which are peculiar to the project or its site and which the GP EIR failed to analyze as significant effects. The project site is similar to other properties in the area, including in its General Plan land use designation and zoning; the site does not support any peculiar environmental features; and the project would not result in any peculiar effects. Pursuant to CEQA Guidelines Section 15183(c) and (f), an effect is not peculiar to the parcel or to the project if it has been addressed as a significant effect in the prior EIR or can be substantially mitigated by the imposition of uniformly applied development policies or standards, which for this project include the Irvine Industrial Complex District Regulations, the Tustin City Code, the California Building Standards Code, the City’s water quality and Water Quality Management Plan requirements, the City’s landscape water use standards, the City’s noise regulations, and the Tustin Lighting Ordinance; Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Resolution No. 4555 Page 9 3. There are no potentially significant off-site or cumulative impacts which the GP EIR failed to evaluate. The project is consistent with the density allowed by the zoning designation and with the land use characteristics of the development considered by the GP EIR, and represents a small part of the growth forecasted for buildout of the General Plan; 4. There is no substantial new information which results in more severe impacts than anticipated by the GP EIR; and 5. The project will undertake the feasible mitigation measures specified in the GP EIR, which will be implemented through project design, compliance with applicable regulations and ordinances, the conditions of approval attached hereto as Exhibit A, and City permit processing. M. That whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA requires the lead agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the mitigation measures during project implementation. An MMRP for the project is included in Section 6 of Exhibit C and will be active through all phases of the project, including design, construction, and operation. The MMRP identifies the GP EIR mitigation measures applicable to the project, together with project-specific Mitigation Measures BIO-1 through BIO-4, addressing preconstruction surveys for special-status plants, burrowing owl, bats and tree removal, and nesting birds, and Mitigation Measures CUL-1 through CUL-3, addressing pre-construction review of final grading and construction plans, contractor awareness training, and unanticipated discoveries. These measures are incorporated into the conditions of approval attached hereto as Exhibit A. Pursuant to Conditions of Approval Nos. 2.5 and 2.6, an updated MMRP matrix is required to be submitted to the City prior to issuance of any permit, and compliance with all applicable mitigation measures is required to be demonstrated prior to issuance of a Certificate of Occupancy. N. That Assembly Bill (AB) 52 (Chapter 532, Statutes of 2014) requires a lead agency, upon request of a California Native American tribe, to begin consultation prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report for a project. AB 52 does not apply to an exemption or addendum, and the project is exempt from additional environmental review pursuant to CEQA Guidelines Section 15183; accordingly, AB 52 noticing and consultation are not required for this project. A Sacred Lands File search conducted for the project yielded negative results for known tribal cultural resources or sacred lands within a one-mile radius of the project site, and Mitigation Measures CUL-1 through CUL-3 would protect Native American cultural resources that may be uncovered during ground-disturbing activities. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Resolution No. 4555 Page 10 O. That conditions of approval have been included to address the development, construction, and ongoing operation of the project, and are attached hereto as Exhibit A. II. That the Planning Commission hereby determines that DR 2025-0009 and SUB 2025-0010/TPM 2026-108 would not result in (1) a peculiar impact that was not identified as a significant impact under the GP EIR; (2) a significant impact that was not analyzed as significant in the GP EIR; (3) a potentially significant off-site impact or cumulative impact not discussed in the GP EIR; or (4) a more severe impact due to substantial new information that was not known at the time the GP EIR was certified; that the project is therefore exempt from additional environmental review pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, and hereby adopts the CEQA Guidelines Section 15183 Streamline Exemption analysis and the Mitigation Monitoring and Reporting Program attached hereto as Exhibit C. III. That the Planning Commission hereby approves DR 2025-0009 for the site layout and building design of two new industrial warehouse buildings totaling approximately 177,696 square feet, and SUB 2025-0010/TPM 2026-108 to subdivide the approximately 8.3-acre project site located at 2441 Michelle Drive into two numbered parcels and one lettered lot, subject to the conditions of approval attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of August, 2026. AMY MASON Chairperson ALEXA SMITTLE Planning Commission Secretary APPROVED AS TO FORM: ___________________________ MICHAEL DAUDT Assistant City Attorney Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Resolution No. 4555 Page 11 STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN) I, ALEXA SMITTLE, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4555 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2026. PLANNING COMMISSIONER AYES: DOUTHIT, GULLO, HIGUCHI, MASON (4)___ PLANNING COMMISSIONER NOES: _______________________________ PLANNING COMMISSIONER ABSTAINED: _______________________________ PLANNING COMMISSIONER ABSENT: KOZAK _________________________(1)___ ALEXA SMITTLE Planning Commission Secretary Exhibit A: Conditions of Approval Exhibit B: Tentative Parcel Map 2026-108 Exhibit C: CEQA Guidelines Section 15183 Streamline Exemption and Mitigation Monitoring and Reporting Program Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION EXHIBIT A DESIGN REVIEW 2025-0009 SUBDIVISION 2025-0010/TENTATIVE PARCEL MAP 2026-108 CONDITIONS OF APPROVAL 2441 MICHELLE DRIVE TCC SECTION GENERAL COMPLETE RESPONSIBLE DEPT 9291(d) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 25, 2026, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). Ongoing Planning 9291(a) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. Ongoing Planning 9293(b) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee is received by the Community Development Department within thirty (30) days prior to expiration. Ongoing Planning Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 2 (1) 1.4 Approval of DR 2025-0009, SUB 2025-0010/TPM 2026-108 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director and evidence of recordation shall be provided to the Community Development Department. Upon approval Planning (1) 1.5 As a condition of approval of DR 2025-0009, SUB 2025-0010/TPM 2026-108, the applicant and property owner shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant and/or property owner of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. Ongoing Planning 1126(a) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 1162(a). Ongoing Planning 1123(a) 1.7 The applicant and/or property owner shall be responsible for costs associated with any necessary code enforcement action, including attorney’s fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. Ongoing Planning (1) 1.8 If in the future the City’s Community Development Director, Police Chief, and/or Public Works Department determine that an on/off-site circulation Ongoing Planning Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 3 problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare an analysis upon notice to the applicant/property owner and the applicant/property owner shall bear all associated costs. If said study indicates that there are adjustments needed, the applicant/property owner shall be required to provide measures to alleviate the problem, subject to review and approval by the Community Development Department, Police Chief, and/or Public Works Department. (1) 1.9 All activities shall comply with the City’s Noise Ordinance per Chapter 6 of Article 4 of the TCC. Ongoing Planning (1) 1.10 The property shall be maintained in a safe, clean and sanitary condition at all times. The property owners shall be responsible for the daily maintenance and upkeep of the businesses and respective buildings, including but not limited to trash removal, graffiti removal, and maintenance of existing improvements to ensure that the properties are maintained in a neat and attractive manner. Ongoing Planning SITE & BUILDING DESIGN (***) 2.1 The project shall consist of, but not be limited to, the following: A. The demolition of the existing building currently located on the project site; B. Construction of two new industrial buildings totaling approximately 177,696 square feet, including 158,696 square feet of warehouse area, 19,000 square feet of office area and 22 truck docks; C. Provision of 158 on-site parking stalls; and D. Provision of landscaping totaling approximately 43,430 square feet. Ongoing Planning Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 4 (***) 2.2 The project shall provide 158 on-site parking spaces at all times; 86 spaces for Building 1 and 72 spaces for Building 2. All parking areas shall be consistently maintained and striped to identify the parking area. Parking stalls shall not be used for storage and shall always be available for parking purposes. Ongoing Planning (4) 2.3 Project materials shall substantially comply with those identified in the approved plans. Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. Prior to Plan Check Planning (1) 2.4 Prior to issuance of a grading permit, the applicant or developer shall provide “will-serve” letters from all utility providers. Prior to Issuance of Grading Permit Planning (***) 2.5 Prior to issuance of any permit, an updated Mitigation Monitoring and Reporting Program (MMRP) matrix/spreadsheet shall be submitted to the City, as applicable, to demonstrate compliance with the mitigation measures for 2441 Michelle Drive Project CEQA consistency analysis dated August 2026. Refer to conditions under Environmental/CEQA section below starting at Condition of Approval No.13.1. Prior to Issuance of Any Permit Planning (1,2) 2.6 Prior to issuance of Certificate of Occupancy, the project shall demonstrate compliance with all applicable mitigation measures in the MMRP for 2441 Michelle Drive Project consistency analysis dated August 2026. A final mitigation monitoring matrix/spreadsheet shall be submitted to the Community Development Department for review and approval. Ongoing Planning (1) 2.7 Design Review approval shall be required for any major modifications to the site, building architecture, elevations, landscaping, lighting, or other exterior site improvements. Ongoing Planning Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 5 (3) 2.8 All roof access shall be provided from the inside of the building. Ongoing Planning (4) 2.9 All rooftop mounted equipment shall be installed so as not to be visible from the public right-of-way and parking lot areas and in accordance with approved plans pursuant to TCC 9271ii. No rooftop mounted equipment shall be visible from public view. Compliance with this condition shall be verified at plan check and at field inspection. Ongoing Planning (4) 2.10 No exterior downspouts shall be permitted. All roof drainage shall utilize interior piping and may have exterior outlets into landscaped areas at the base of the building. Any roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. Ongoing Planning (4) 2.11 All exposed metal flashing or trim shall be painted to match the building. Ongoing Planning (4) 2.12 Utility meters located outside of the building shall be screened with landscaping to the greatest extent possible. Electrical transformers shall be located in areas with room for landscape screening to be planted outside the required access space. Ongoing Planning (4) 2.13 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to the building. Landscaping shall be utilized to screen the devices where possible. Ongoing Planning (1) 2.14 All utilities shall be installed underground pursuant to TCC 9271b2. Ongoing Planning (1) 2.15 Any outdoor storage shall be visually screened and not visible to any streets or adjacent properties pursuant to Irvine Industrial Complex Planned Community Regulations Section V(I)1. Ongoing Planning Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 6 9403(h) 2.16 Pursuant to TCC 9403(h), a Master Sign Plan (MSP) is required for developments located in planned community districts. The applicant shall submit an MSP and obtain sign permits prior to installation. Prior to installation of signage Planning (6) 2.17 Prior to issuance of building permit, the Developer shall submit for review and approval, complete detailed landscaping and irrigation plans for all landscaping areas. The approved landscape plans shall be consistent with City Council Ordinance 1465, adopted Guidelines for Implementation of the Water Efficient Landscape Ordinance and Section 9266e of the TCC, and Irvine Industrial Complex Planned Community District Regulations Section V(D). Prior to Issuance of Building Permit Planning (1) 2.18 All plant materials shall be installed in a healthy and vigorous condition typical to the species in accordance with the approved landscape plan. Landscaping shall be maintained in a neat and healthy condition, which includes, but is not limited to trimming, mowing, weeding, litter removal, fertilizing, regular watering, and replacement of diseased or dead plants. Ongoing Planning COVENANTS, CONDITIONS & RESTRICTIONS (1) 3.1 Prior to recordation of the final map, all organizational documents for the project, including any CC&RS, shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. Prior to Recordation of Final Map Planning (1) 3.2 In connection with the submittal of the CC&Rs to the Community Development Department and City Attorney’s Office for review, the subdivider shall provide a matrix/table identifying each of the requirements for all Conditions of Approval, and the corresponding page/paragraph where they are addressed in the CC&Rs. Prior to Recordation of Final Map Planning Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 7 (1) 3.3 The approved CC&Rs shall be recorded with County Recorder’s Office concurrent with the issuance of the Certificate of Occupancy for the first building completed. A copy of the recorded CC&Rs shall be submitted to the Community Development Department after recordation. Prior to Recordation of Final Map Planning (1) 3.4 The CC&Rs shall include, but are not limited to, the following provisions: a. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest. However, the City shall have the right, but not the obligation, to enforce the CC&Rs. b. Provisions shall be established in the CC&Rs for the operation, management, use, repair, and maintenance of all common areas and facilities, including open space, landscaped areas, walls and fences or gates, driveway apron (i.e., walkways, sidewalks, driveways), lighting, awnings/overhead structures, trash enclosures, water quality management plan BMPs and private utilities, if any. c. General maintenance guidelines shall be provided for applicable items listed in the CC&Rs. Examples of maintenance guidelines are shown below: 1. All common landscaping areas, and private areas visible from any public way, shall be properly maintained such that they are evenly cut, evenly edged, and free of debris and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not unreasonably intrude into neighboring properties and shall be maintained so they do not create unlawful nuisances to neighboring properties. All trees shall be installed with root Prior to Recordation of Final Map Planning Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 8 barriers and be periodically root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All sidewalks and open space areas shall be maintained so that significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris are removed or repaired. 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination, by a duly authorized official of the City, that a public nuisance has been created by the absence of adequate maintenance, such as to be detrimental to public health, safety, or general welfare. d. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. e. A “Parking Exhibit” shall be made part of the CC&Rs. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following: 1. A total of 158 parking spaces shall be available on-site; 86 spaces for Building 1 and 72 spaces for Building 2. Any changes to the parking shall be subject to prior review and approval by the Community Development Department in accordance with TCC. f. Maintenance of all common areas, drive aisles, parking lot, driveway apron, etc., shall be by one or more property owner(s) as set forth in the CC&R’s. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 9 g. All utility services serving the site shall be installed and maintained underground pursuant to TCC 9271. h. General easements shall be provided to public agencies for the access and maintenance in any public utilities they own in the development. i. No amendment to alter, modify, terminate, or change the property owner obligations to maintain the common areas and the project perimeter wall as set forth in the CC&R’s or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the Community Development Department. SUBDIVISION 2025-0010/TENTATIVE PARCEL MAP 2026-108/FINAL MAP CONDITIONS (1) 4.1 Preparation and recordation of a final subdivision map shall be required. Prior to Final lnspection/Certificate of Occupancy Planning (1) 4.2 Within twenty-four (24) months from tentative map approval, the applicant shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the TCC, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the TCC. The Final Map shall be submitted at least ninety (90) days prior to the expiration of the Tentative Map for review, processing, and recording prior to the expiration of the Tentative Map. Time extensions shall be in conformance with the provision of the TCC and State Subdivision Map Act. Prior to Issuance of Grading or Building Permit Planning Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 10 (1) 4.3 The final parcel map shall be recorded in accordance with approved TPM and all applicable requirements of the Planned Community Industrial (PC-IND) zoning district, TCC, and applicable policies and guidelines. All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as otherwise specified herein. Prior to Issuance of Grading or Building Permit Planning (1) 4.4 The Subdivider shall release and relinquish to the City of Tustin all vehicular access rights along Michelle Drive except at approved access locations and street intersections, at no cost to the City, on the map. Prior to Recordation of the Final Map Planning (1) 4.5 The Subdivider shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. Prior to Recordation of the Final Map Planning (1) 4.6 The Subdivider shall dedicate in fee title, Tustin Ranch Road to the City of Tustin, at no cost to the City, on the map. Prior to Recordation of the Final Map Planning (1) 4.7 Prior to approval of the final map, the Developer is required to execute a subdivision and monumentation agreement and furnish improvement and monumentation bonds, all on forms acceptable to the City. Prior to Recordation of the Final Map Planning (1) 4.8 At the time of final map submittal, current ownership evidence such as updated preliminary title reports and deeds shall be submitted for review. Prior to Recordation of the Final Map Planning BUILDING PLAN SUBMITTAL Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 11 (3) 5.1 The plans shall comply with the latest edition of the codes, City Ordinances, State and Federal laws, and regulations as adopted by the Tustin City Council. Prior to Issuance of Building Permit Building (1) 5.2 Trash enclosure shall be provided with fire sprinklers and drains as required. Prior to Issuance of Building Permit Building PUBLIC WORKS DEPARTMENT - WATER QUALITY CONDITIONS (1) 6.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. Ongoing Public Works Department (1) 6.2 Prior to issuance of first permit, the applicant shall submit for approval by the Community Development and Public Works Departments, a final Water Quality Management Plan (WQMP) in the City’s Citizen Self Service Portal. The WQMP shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. Prior to Issuance of First Permit Public Works Department (1) 6.3 Prior to submittal of a final Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $3,442 to the Public Works Department for the estimated cost of reviewing the WQMP. Prior to Plan Check Public Works Department (1) 6.4 Prior to issuance of any permits, the applicant shall record a “Declaration of Restrictions” with the County Clerk-Recorder. This document shall bind current and future owner(s) of the property regarding implementation and Prior to Issuance of First Permit Public Works Department Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 12 maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (1) 6.5 Prior to the owner obtaining a Final Approval and Certificate of Occupancy (C of O) for the first building, the engineer responsible for the approved WQMP shall stamp and sign the Stormwater Observation Report Form. Prior to Final Inspection/ Certificate of Occupancy Public Works Department (1) 6.6 Prior to issuance of a Grading Permit, the developer shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Quality Control Board. Prior to Issuance of a Grading Permit Public Works Department STREET IMPROVEMENT CONDITIONS (1) 7.1 Prior to issuance of the first permit, the developer shall submit engineered public improvement plans along the project frontage for review and approval. These public improvements shall be completed prior to issuance of occupancy release. a. The applicant shall design and construct full-width sidewalk on Michelle Drive and Chambers Road along the project frontage. b. The applicant shall remove and construct project driveway aprons to the most current City of Tustin Public Works Standard and to the most current Federal Americal with Disabilities Act (ADA) requirements. The westerly project entry on Michelle Drive shall be designed and constructed per the City of Tustin Standard 210 with a minimum 25-foot radius curb returns. Project’s easterly driveway Prior to Issuance of First Permit Public Works Department Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 13 apron shall be designed and constructed per the City of Tustin commercial driveway apron with a minimum apron width of 27-feet. c. The applicant is responsible for relocating any existing utility pedestals and trees on Michelle Drive along the project frontage that conflicts with the proposed improvements. (1) 7.2 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. Prior to Issuance of First Permit Public Works Department (1) 7.3 Prior to issuance of first permit and/or an Encroachment Permit, the applicant shall submit to the City’s Citizen Self Service Portal street improvement plans, as prepared by a California Registered Civil Engineer, for review and approval. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development. Prior to Issuance of First Permit Public Works Department (1) 7.4 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, the applicant shall submit in the City’s Citizen Self Service Portal public improvement plan and construction traffic control plans, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, to the Public Works Department for review and approval. Prior to Issuance of Encroachment Permit Public Works Department (1) 7.5 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. Prior to Final Inspection/Certificate of Occupancy Public Works Department Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 14 (1) 7.6 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. Prior to Issuance of First Permit Public Works Department (1) 7.7 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. Prior to Issuance of First Permit Public Works Department COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES (1) 8.1 The developer shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private improvements, including, but not limited to, the following: a. The developer shall obtain written approval and/or permits from the applicable utility companies, including but not limited to Southern California Edison, The Gas Company, Irvine Ranch Water District (IRWD), AT&T, Cox Communications, Spectrum, etc. b. The developer shall coordinate the design and construction of all utilities with the utility providers and the City. The applicant is responsible for the coordination and all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing wet and dry utilities affected by the proposed project. c. The developer is responsible for the coordination and all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City improvement affected by the proposed project, subject to City Engineer approval. Ongoing Public Works Department Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 15 SOLID WASTE RECYCLING CONDITIONS (1) 9.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City’s requirement (City Code Section 4351, et al) to recycle at least 65% of the project waste material or the amount required by the California Green Building Standards Code. b. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security in the amount of five (5) percent of the project’s valuation as determined by the Building Official rounded to the nearest thousand. The deposit amount will be collected in accordance with the Tustin City Code. c. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier’s check, personal check, or money order made payable to the “City of Tustin”. Prior to Issuance of First Permit Public Works Department (1) 9.2 Facility Solid Waste Collection and Recycling Plan. a. The applicant, property owner, and/or tenant(s) are required to participate in the City’s recycling programs. b. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). Ongoing Public Works Department Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 16 c. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. d. All trash enclosures shall be designed with roof and be able to accommodate at least three (3), with at least one (1) bin reserved for recyclable materials and one (1) bin reserved for organic waste. Space for a container for organics is also required as described in Section below. e. All developments are required to provide space for the collection of organic materials. Organics are collected in a minimum of 65-gallon wheeled carts are required for areas where collection containers are shared by multiple units. The size of the organic container will be dependent upon the use and size of the building. Where collection containers are shared, organics can be collected six (6) days per week to minimize the space required for a container. MISCELLANEOUS CONDITIONS (1) 10.1 Prior to the first Grading Plan submittal, the developer shall submit an 8 ½” x 11” street address map exhibit to the Public Works Department for review and approval. The address map exhibit shall be in a portable document format (PDF) and shall include the site plan, footprint of buildings(s), and streets. Prior to Grading Plan Submittal Public Works Department (1) 10.2 Project landscape and irrigation plans shall show and identify limited use areas for access onto public streets (at a minimum a 10’ triangle on each side of a driveway). Within limited use areas the hardscape improvements and landscaping must be restricted to a height of 24 inches or less depending on the speed of the road. Obstructions that could block line of sight are not allowed in the limited use area, including but not limited to bus shelters, walls and landscaping. At Landscaping Plan Submittal & Ongoing Public Works Department Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 17 (1) 10.3 Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1st of each year. Prior to Issuance of Building Permit Public Works Department (1) 10.4 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. Prior to Final Inspection/Cer tificate of Occupancy Public Works Department ORANGE COUNTY FIRE AUTHORITY (1) 11.1 Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, the applicant or responsible party shall submit a fire master plan to OCFA for review and approval (service code PR145). Prior to Issuance of the First Permit Project Applicant/Building Division (1) 11.2 Prior to issuance of a building permit: • Photovoltaic plans (service request PR363) if applicable • Fire Sprinkler System (service codes PR410-425) • Underground Piping (service codes PR470-475) • High Pile Combustible Storage (service code PR330) if applicable Prior to Issuance of a Building Permit Project Applicant/Building Division (1) 11.3 Prior to concealing interior construction, the applicant or responsible party shall submit the following plans to OCFA for review and approval: • Fire Alarm System (service code PR500-PR530) Prior to Concealing Interior Work OCFA (1) 11.4 Lumber-drop Inspection. After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection After Fire Assessment OCFA Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 18 Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least five (5) days in advance to schedule the lumber drop inspection. and Hydrant Installation (1) 11.5 Temporary/Final Occupancy Inspections: Prior to issuance of a temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at (714) 573-6150. Prior to Final Inspection OCFA FEES (1) 12.1 Prior to the issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. B. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. C. Payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1st of each year. Prior to Issuance of a Building Permit Building Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 19 D. New construction fee in the amount of ten cents ($0.10) per square foot, including any area upon or within a building designed for parking. (1) 12.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department a cashier’s check payable to the ORANGE COUNTY CLERK-RECORDER in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. After Entitlement Approval Planning ENVIRONMENTAL/CEQA SECTION 15183 EXEMPTION APPLICABLE GENERAL PLAN EIR MITIGATION MEASURES (1) 13.1 Air Quality: GP EIR MM Air Quality-18 The City Community Development Department and Building Division shall encourage energy efficient building and site design during review of new development projects and support innovative building and site design for all new public buildings. (Implementation Program No. 18 from the General Plan Conservation/ Open Space/ Recreation Element). Prior to Issuance of Building Permits Project Applicant/Building Division (1) 13.2 Biological Resources: GP EIR MM BIO-5 The City Community Development Department shall protect biological resources within the City by requiring developers to perform biological surveys prior to project approval in areas known or suspected to contain Prior to Project Approval Project Applicant/Community Development Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 20 significant biological resources. The biological survey shall be prepared by a professional biologist and the following issues shall be addressed therein: a) identification, mapping, and acreage of the various plant communities and habitat types; b) delineation of wetlands; identification of sensitive plants and animal species; c) indication of whether property is enrolled in Natural Community Conservation Plan for Coastal Sage Scrub; d) potential wildlife movement corridors; and e) ecological function of on-site habitat. Biological resource surveys should be conducted at the appropriate times of the year to ensure observation of all potentially occurring plant and animal species. (Implementation Program No. 32 of the General Plan Conservation/ Open Space/ Recreation Element). (1) 13.3 Mitigation Measure BIO-1: Preconstruction Survey for Special-Status Plants. A focused preconstruction rare plant survey shall be conducted during the appropriate blooming period the season immediately prior to Project implementation to ensure no rare plants are present on the Project site prior to the start of construction. The survey shall be conducted in accordance with the USFWS, CNPS, and CDFW protocols for surveying special-status plant populations during the overlapping blooming period of the two species (May to July), occurring in the season prior to the start of ground-disturbing activities. If special-status plant species are detected during the preconstruction survey and the location(s) is/are outside the Project impact area, then an environmentally sensitive area fence will be established around the plant at an appropriately sized buffer determined by a botanist, and no Project activities may occur inside the buffer for any reason. If special-status plant species are detected during the preconstruction survey and Project related impacts are unavoidable, then consultation with the appropriate regulatory agency (USFWS and/or CDFW) may be needed to develop a mitigation plan or additional avoidance and minimization measures. Prior to Issuance of Demolition or Grading Permits Project Applicant/Community Development Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 21 (1) 13.4 Mitigation Measure BIO-2: Burrowing Owl Preconstruction Survey. Due to the presence of limited, marginally suitable habitat on the Project Site, a preconstruction burrowing owl survey shall be conducted following the methods described in the CDFW’s Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012) no more than 14 days prior to the start of construction activities. The protocol requires that the survey be conducted between morning civil twilight and 10:00 AM and/or in the early evening two hours before sunset to one hour after sunset during favorable weather conditions (e.g., wind less than 20 miles per hour (mph), temperature less than 90°F). The burrowing owl preconstruction survey can be conducted concurrently with the nesting bird preconstruction survey discussed below. If burrowing owls or suitable burrowing owl burrows with sign (e.g., whitewash, pellets, feathers, prey remains) are identified on the Project Site during the survey and impacts are unavoidable, the Project shall develop a Burrowing Owl Management Plan that outlines additional protection measures developed in accordance with CDFW’s Staff Report on Burrowing Owl Mitigation. Coordination with CDFW may also need to occur. Protection measures included in the Burrowing Owl Management Plan may include establishment of no-disturbance buffers, additional biological monitoring during construction activities, seasonal work restrictions, or passive relocation conducted outside of the owl breeding season. Prior to Issuance of Demolition or Grading Permits Project Applicant/Community Development (1) 13.5 Mitigation Measure BIO-3: Bat Preconstruction Survey and Tree Removal If tree removal or trimming cannot be conducted between September 15 and October 30, qualified biologists shall examine trees to be removed or trimmed for suitable roosting habitat prior to removal or trimming. High-quality habitat features (e.g., large tree cavities, basal hollows, loose or peeling bark, larger snags, palm trees with intact thatch) shall be identified Prior to Issuance of Demolition Permit Project Applicant/Community Development Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 22 and the area around these features searched for bats and bat sign (e.g., guano, culled insect parts, staining). Riparian woodland, orchards, and stands of broadleaf trees shall be considered potential habitat for solitary, foliage-roosting bat species. If habitat cannot be adequately surveyed or if the CDFW requires identification of bat species within the Project area, passive monitoring using full spectrum bat detectors may be needed. Survey methods should be discussed with CDFW prior to the start of surveys. • Tree removal will be avoided between April 1 and September 15 (the maternity period) to avoid impacts to pregnant females and active maternity roosts (whether colonial or solitary) • All tree removal will be conducted between September 15 and October 30, which corresponds to a time period when bats have not yet entered torpor nor would be caring for nonvolant young. • Trees will be removed in pieces rather than felling an entire tree. • If a maternity roost is located, whether solitary or colonial, that roost will remain undisturbed until September 15 or until a qualified biologist has determined that the roost is no longer active. If avoidance of nonmaternity roost trees is not possible, and tree removal or trimming must occur between October 30 and August 31, qualified biologists shall monitor tree trimming or removal. If possible, tree trimming or removal should occur in the late afternoon or evening when it is closer to the time that bats would normally arouse. (1) 13.6 Mitigation Measure BIO-4: Nesting Bird Preconstruction Survey When feasible, it is recommended that any construction, ground-disturbing activities, vegetation management, and tree removal be conducted outside the breeding season for birds (the breeding season is approximately January 15 to August 31 for raptors and February 1 to September 30 for Prior to Issuance of Grading Permit Project Applicant/Community Development Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 23 passerines) to avoid violations of the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code §§ 3503, 3503.5 and 3513. If activities with the potential to disrupt nesting birds, including special-status bird species, are scheduled to occur during the bird breeding season, it is recommended that a preconstruction nesting bird survey be conducted by a qualified biologist who is experienced in the identification of avian species no more than three days prior to the start of construction activities. The nesting bird survey will include the Project impact area and adjacent areas where Project activities have the potential to cause indirect impacts to nesting birds. If nesting birds, including nesting raptors, are observed during the survey, measures shall be implemented to avoid or minimize potential Project-related impacts to active nests. Measures may include but not be limited to biological monitoring during the activities, seasonal work restrictions, or establishment of a no-work buffer around active nests until nesting has been completed as determined through periodic nest monitoring conducted by the biologist. The size of the no-work buffer will be determined by the biologist, depending on the species and nest status. (1) 13.7 Cultural Resources: GP EIR MM CULT-1 The City Community Development Department shall preserve archaeologic and paleontological resources within the City by: • Requiring developers to perform archaeological and paleontological surveys prior to grading in areas known or suspected to contain such resources; and • Enforcing provisions of the California Environmental Quality Act regarding preservation or salvage of significant historic, archaeological and paleontological sites discovered during Prior to Issuance of Grading Permit Project Applicant/Community Development Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 24 construction activities. (Implementation Program No. 34 from the General Plan Conservation/ Open Space/ Recreation Element). (1) 13.8 Mitigation Measure CUL-1: Pre-Construction Review of Final Grading and Construction Plans Project plans, specifications, and grading and construction permits shall state that prior to the commencement of any Project-related activities and prior to any pre-construction meeting, a qualified archaeologist shall review the final grading/construction plans to determine if any ground-disturbing activities will extend beyond the documented fill soil. If the qualified archaeologist determines that there will be an impact to the alluvial soils underlying the fill soils, that the qualified archaeologist shall develop an archaeological resources monitoring plan which would be implemented by an archaeological monitor under the supervision of a qualified archaeologist so long as the qualified archaeologist determines that ground disturbing activities are continuing to impact the underlying alluvium. Prior to Issuance of Grading Permit City of Tustin Building Division (1) 13.9 Mitigation Measure CUL-2: Contractor Awareness Training Project plans, specifications, and grading and construction permits shall state that a Contractor Awareness Training Program shall be conducted to train equipment operators about cultural resources. The program shall be designed to inform construction personnel about: federal and state regulations pertaining to cultural resources and tribal cultural resources; the subsurface indicators of resources that shall require a work stoppage; procedures for notifying the lead agency of any occurrences; project- specific requirements and best practices; and enforcement of penalties and repercussions for non-compliance with the program. Prior to Issuance of Grading Permit Project Applicant/Building Division Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 25 The training shall be conducted by a qualified professional archaeologist and may be provided either through a brochure, video, or in-person tailgate meeting, as determined appropriate by the archaeologist. The training shall be provided to all construction supervisors, forepersons, and operators of ground- disturbing equipment. All personnel shall be required to sign a training roster. The Construction Manager is responsible for ensuring that all required personnel receive the training. The Construction Manager shall provide a copy of the signed training roster to the lead agency as proof of compliance. (1) 13.10 Mitigation Measure CUL-3: Unanticipated Discoveries Project plans, specifications, and grading and construction permits shall state that if subsurface deposits believed to be cultural or human in origin are discovered during construction, all work must halt within a 100-foot radius of the discovery. A qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric and historic archaeology, shall be retained to evaluate the significance of the find, and shall have the authority to modify the no-work radius as appropriate, using professional judgment. The following notifications shall apply, depending on the nature of the find: • If the professional archaeologist determines that the find does not represent a cultural resource, work may resume immediately and no agency notifications are required. • If the professional archaeologist determines that the find does represent a cultural resource from any time period or cultural affiliation, the archaeologist shall immediately notify the lead agencies. The agencies shall consult on a finding of eligibility and implement appropriate treatment measures, if the find is determined to be a Historical Resource under CEQA, as defined by CEQA or a historic Prior to Issuance of Grading Permit During Construction Project Applicant/Construction or Contractor/Building Division Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 26 property under Section 106 NHPA, if applicable. Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the site either: 1) is not a Historical Resource under CEQA or a Historic Property under Section 106; or 2) that the treatment measures have been completed. • If the find includes human remains, or remains that are potentially human, they shall ensure reasonable protection measures are taken to protect the discovery from disturbance (Assembly Bill [AB] 2641). The archaeologist shall notify the Orange County Coroner (per § 7050.5 of the Health and Safety Code). The provisions of § 7050.5 of the California Health and Safety Code, § 5097.98 of the California PRC, and AB 2641 will be implemented. If the coroner determines the remains are Native American and not the result of a crime scene, the coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MLD) for the Project (§ 5097.98 of the PRC). The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (§ 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (§ 5097.98 of the PRC). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641). Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 27 (1) 13.11 Geology & Soils: GP EIR MM GEO-1 Through the City's development review and subdivision review processes, the City Community Development and Public Works Department shall identify soil related safety problems associated with proposed development, determine the potential for hazard, determine the amount of development supportable on the site, and require appropriate mitigation of new development impacts. (Implementation Program No. 22 from the General Plan Conservation/ Open Space/ Recreation Element). Prior to Issuance of Grading Permit Project Applicant/ Building and Planning Divisions (1) 13.12 Geology & Soils: GP EIR MM GEO-3 The City Community Development Department shall protect soils and topography within the City by: a) reviewing and incorporating provisions of detailed soils reports for development into approved plans as provided for in the City Grading and Excavation Code; b) incorporating standards and guidelines of the East Tustin Specific Plan and Grading Manual through the Design Review process into development proposals, particularly designated hillside districts; and c) encouraging cluster development standards and siting guidelines contained in the East Tustin Specific Plan for citywide development concentrating higher intensity development on less sensitive portions of the site and retain greater open space and minimize grading impacts. (Implementation Program No. 33 from the General Plan Conservation/ Open Space/ Recreation Element).(*items b and c do not apply as the project is not located in the East Tustin Specific Plan area) Prior to Issuance of Grading Permit Project Applicant/ Community Development Dept. (1) 13.13 Geology & Soils: GP EIR MM CULT-1 The City Community Development Department shall preserve archaeologic and paleontological resources within the City by: Prior to Issuance of Grading Permit Project Applicant/Building Division Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 28 • Requiring developers to perform archaeological and paleontological surveys prior to grading in areas known or suspected to contain such resources; and • Enforcing provisions of the California Environmental Quality Act regarding preservation or salvage of significant historic, archaeological and paleontological sites discovered during construction activities. (Implementation Program No. 34 from the General Plan Conservation/ Open Space/ Recreation Element). (1) 13.14 Land Use & Planning: GP EIR MM LU-10: The City Community Development Department shall utilize the site plan and design review process and the California Environmental Quality Act, as applicable, in review of development projects to minimize environmental impacts and promote high-quality design and physical appearance, compatible and sensitive to the City's natural resources and availability of municipal services and facilities. (Implementation Program No. 20 from the General Plan Land Use Element). Prior to Project Approval City of Tustin Community Development Dept. (1) 13.15 Noise: GP EIR MM NOI-6 Through the Design Review process Noise Element Standards of compatibility described in Tables N-2 and N-3 of the Element, the City Community Development Department shall apply the noise standards to new development proposals and methods to mitigate anticipated impacts, such as building orientation and acoustical barriers, shall be applied to meet the standards. (Implementation Program No. 6 from the General Plan Noise Element). Prior to Project Approval Project Applicant/ Community Development Dept. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 29 (1) 13.16 Noise: GP EIR MM NOI-6 Interior and exterior noise levels for proposed new development shall be required by the Community Development Department to meet the California Noise Insulation Standards (Title 25 of the California Administrative Code). These standards shall also be applied to all single-family developments and condominium conversion projects where feasible. (Implementation Program No. 7 from the General Plan Noise Element). Prior to Project Approval Project Applicant/ Community Development Dept. (1) 13.17 Population & Housing: GP EIR MM POP-13 The City Community Development Department shall require all new construction to be subject to State energy conservation requirements (Title 24) as a condition for the issuance of a building permit. (Implementation Program No. 18 from the General Plan Housing Element). Prior to Issuance of Building Permits Project Applicant/ Community Development Dept. (1) 13.18 Population & Housing: GP EIR MM POP-23 The City Community Development Department shall require that Environmental Impact Reports and subdivision plans address energy conservation measures and solar access. Include, as necessary, mitigating measures to ensure that developers implement the requirements of Title 24. (Implementation Program No. 30 from the General Plan Housing Element). Prior to Issuance of Building Permits Project Applicant/ Community Development Dept. (1) 13.19 Public Services: GP EIR MM SVC-1 The City Community Development and Public Works Departments shall promote fire prevention through: (a) coordination with Public Works and the Orange County Fire Department in their review of minimum fire flow and distribution requirements for water in review of new development; (b) adopt Prior to Issuance of Building Permits Project Applicant/ Community Development Dept. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 30 the Uniform Fire Code provisions and recommend amendments for special applications in Tustin reflecting special topographic, geologic and climatic conditions; and (c) encourage the Orange County Fire Department to provide public information identifying potential fire hazards in Tustin and preventative measures the public can take to minimize risks. (Implementation Program No. 9 from the General Plan Public Safety Element). (1) 13.20 Public Services: GO EIR MM SVC-2 The City Public Works Department shall continue to require dedication of right- of-way and improvement of streets and infrastructure consistent with the provisions of the Tustin City Code and in concert with other public facility and service providers (Implementation Program No. 9 from the General Plan Land Use Element). Prior to Project Approval Project Applicant/Public Works & Community Development Depts. (1) 13.21 Transportation: GP EIR MM TRA-3 The City Public Works Department shall: • Establish setback lines for future right-of-way to protect ultimate roadway integrity. As part of development review, continue to require dedication of necessary right-of-way and improvement of streets at developer's expense pursuant to Article 7, Chapter 2 and any other sections that may apply to the Tustin City Code. (Implementation Program No. 3 from the General Plan Circulation Element). Prior to Project Approval Project Applicant/Public Works & Community Development Depts. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Exhibit A - Conditions of Approval DR-2025-0009/SUB-2025-0010/TPM 2026-108 August 25, 2026 Page 31 (1) 13.22 Transportation: GP EIR MM TRA-6 The City Community Development and Public Works Departments shall review all projects as indicated below: • As part of development review, consider impacts of new driveway locations and midblock access points on traffic. • Review all information on projects for consistency with Circulation Element. Review Traffic Demand Management (TDM) submittals and impose requirements consistent with the City's TDM Ordinance. (Implementation Program No. 6 from the General Plan Circulation Plan). Prior to Issuance of Building Permit Project Applicant/Public Works & Community Development Depts. POLICE DEPARTMENT (1) 14.1 The applicant shall install a security system to include cameras at building exterior that record all entry and exit points (vehicle and pedestrian) to the property. The security system must have the ability to record. If the system malfunctions, the property owner must make a reasonable attempt to repair the system in a timely manner. Prior to Certificate of Occupancy Project Applicant/Community Development Dept. (1) 14.2 Applicant shall ensure there is adequate and properly functioning lighting that illuminates the parking lot and entry/exit points to the property. Prior to Certificate of Occupancy Project Applicant/Community Development Dept. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2603 Main Street, Suite 600, Irvine, California 92614Phone: 949.988.5815 | www.huitt-zollars.com1300 BRISTOL NORTH STREET, SUITE 290NEWPORT BEACH, CALIFORNIA 92660714.653.9855EBS REALTY PARTNERS’’” ’”’” ’” ’” ’” ’” ’” ’”’” ’” ’” ’” ’” ’” ’” ’”Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA Guidelines Section 15183 Streamline Exemption Lead Agency: City of Tustin 300 Centennial Way Tustin, CA 92780 Project Applicant: HPA Inc, 18831 Bardeen Avenue, Suite 100 Irvine, California 92612 CEQA Consultant: 3333 Michelson Drive, Suite 500 Irvine, CA 92612 August 2026 Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC This page intentionally left blank. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin i Table of Contents 1. INTRODUCTION .............................................................................................................................. 1 1.1. OVERVIEW OF CEQA GUIDELINES SECTION 15183 .......................................................................... 1 1.2. CITY OF TUSTIN GENERAL PLAN PROGRAM EIR .................................................................................. 1 1.3. PROJECT OVERVIEW .................................................................................................................................. 2 1.4. APPLICABILITY OF STATE CEQA GUIDELINES SECTION 15183 ........................................................ 2 2. PROJECT SETTING........................................................................................................................... 4 2.1. PROJECT LOCATION ................................................................................................................................... 4 2.2. EXISTING LAND USES ................................................................................................................................. 4 2.3. EXISTING GENERAL PLAN AND ZONING DESIGNATIONS................................................................ 4 2.4. SURROUNDING LAND USE, GENERAL PLAN, AND ZONING DESIGNATIONS .............................. 5 3. PROJECT DESCRIPTION ................................................................................................................ 17 3.1. PROJECT OVERVIEW ............................................................................................................................... 17 3.2. PROJECT FEATURES .................................................................................................................................. 17 3.3. CONSTRUCTION ....................................................................................................................................... 19 3.4. DISCRETIONARY ACTION CHECKLIST .................................................................................................. 20 3.5. PRIOR ENVIRONMENTAL DOCUMENT(S) FOR ANALYZING STATE CEQA GUIDELINES SECTION 15183 ......................................................................................................................................................... 35 3.6. LOCATION OF PRIOR ENVIRONMENTAL DOCUMENT(S) ............................................................... 35 3.7. DISCRETIONARY APPROVALS, PERMITS, AND STUDIES ................................................................... 35 4. ENVIRONMENTAL CHECKLIST ...................................................................................................... 36 4.1. CHECKLIST FORM ..................................................................................................................................... 36 4.2. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ..................................................................... 37 4.3. DETERMINATION: (TO BE COMPLETED BY THE LEAD AGENCY)..................................................... 37 5. ENVIRONMENTAL ANALYSIS ....................................................................................................... 39 5.1. AESTHETICS ................................................................................................................................................ 39 5.2. AGRICULTURE AND FORESTRY RESOURCES ...................................................................................... 45 5.3. AIR QUALITY .............................................................................................................................................. 48 5.4. BIOLOGICAL RESOURCES....................................................................................................................... 57 5.5. CULTURAL RESOURCES ............................................................................................................................ 66 5.6. ENERGY ....................................................................................................................................................... 72 5.7. GEOLOGY AND SOILS ............................................................................................................................ 76 5.8. GREENHOUSE GAS EMISSIONS ............................................................................................................ 85 5.9. HAZARDS AND HAZARDOUS MATERIALS ........................................................................................... 92 5.10. HYDROLOGY AND WATER QUALITY ................................................................................................ 101 5.11. LAND USE PLANNING............................................................................................................................ 111 5.12. MINERAL RESOURCES ............................................................................................................................ 117 5.13. NOISE ........................................................................................................................................................ 119 5.14. POPULATION AND HOUSING ............................................................................................................. 128 5.15. PUBLIC SERVICES .................................................................................................................................... 137 5.16. RECREATION ............................................................................................................................................ 141 5.17. TRANSPORTATION ................................................................................................................................. 145 5.18. TRIBAL CULTURAL RESOURCES ............................................................................................................ 155 5.19. UTILITIES AND SERVICE SYSTEMS ........................................................................................................ 159 5.20. WILDFIRE ................................................................................................................................................... 167 6. MITIGATION MONITORING AND REPORTING ........................................................................... 170 Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin ii 7. DOCUMENT PREPARERS AND CONTRIBUTORS ......................................................................... 181 8. REFERENCES ............................................................................................................................... 182 Tables TABLE 2-1: SURROUNDING EXISTING USE, GENERAL PLAN LAND USE AND ZONING DESIGNATIONS ................................. 5 TABLE AES-1: CONSISTENCY WITH DEVELOPMENT STANDARDS ........................................................................................ 41 TABLE GHG-1: 2022 CARB SCOPING PLAN CONSISTENCY SUMMARY ......................................................................... 87 TABLE N-1: TUSTIN CITY CODE RESIDENTIAL EXTERIOR NOISE STANDARDS ..................................................................... 120 TABLE N-2: FEDERAL TRANSIT ADMINISTRATION DAYTIME CONSTRUCTION NOISE CRITERIA ........................................... 120 TABLE N-3: VIBRATION SCREENING STANDARDS .............................................................................................................. 120 TABLE N-4: CONSTRUCTION VIBRATION DAMAGE CRITERIA ............................................................................................ 121 TABLE N-5: CONSTRUCTION REFERENCE NOISE LEVELS .................................................................................................... 121 TABLE N-6: VIBRATION SOURCE LEVELS FOR CONSTRUCTION EQUIPMENT ...................................................................... 123 TABLE T-1: PROJECT TRIP GENERATION ............................................................................................................................ 146 TABLE 6-1: MITIGATION MONITORING AND REPORTING PROGRAM ............................................................................... 171 Figures FIGURE 2-1: REGIONAL LOCATION........................................................................................................................................ 7 FIGURE 2-2: LOCAL VICINITY ................................................................................................................................................. 9 FIGURE 2-3: AERIAL VIEW................................................................................................................................................... 11 FIGURE 2-4: EXISTING SITE PHOTO A ................................................................................................................................ 13 FIGURE 2-5: EXISTING SITE PHOTO B ................................................................................................................................. 15 FIGURE 3-1: CONCEPTUAL SITE PLAN ................................................................................................................................. 21 FIGURE 3-2: TENTATIVE PARCEL MAP ................................................................................................................................. 23 FIGURE 3-3A: ELEVATIONS .................................................................................................................................................. 25 FIGURE 3-3B: ELEVATIONS .................................................................................................................................................. 27 FIGURE 3-4: CONCEPTUAL LANDSCAPE PLAN..................................................................................................................... 29 FIGURE 3-5A: UTILITY PLAN ................................................................................................................................................ 31 FIGURE 3-5B: UTILITY PLAN ................................................................................................................................................. 33 Appendices APPENDIX A BIOLOGICAL RESOURCE ASSESSMENT APPENDIX B ARCHAEOLOGICAL RESOURCES INVENTORY REPORT APPENDIX C GEOTECHNICAL INVESTIGATION APPENDIX D PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR 2441 MICHELLE DRIVE APPENDIX E PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR 2.1 ACRES OF VACANT LAND APN 432-391-59 APPENDIX F HYDROLOGIC AND HYDRAULIC DRAINAGE REPORT APPENDIX G PRELIMINARY WATER QUALITY MANAGEMENT PLAN APPENDIX H PROJECT TRIP GENERATION ANALYSIS Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 1 1. INTRODUCTION 1.1. OVERVIEW OF CEQA GUIDELINES SECTION 15183 This CEQA Streamline Exemption evaluates whether the potential environmental impacts of the Project are addressed in the City of Tustin General Plan Program Environmental Impact Report (GP EIR) (SCH # 92101104) pursuant to the California Environmental Quality Act (CEQA) Guidelines (CEQA Guidelines) Section 15183 (CEQA Streamline Exemption). As set forth in California Public Resources Code (PRC) Section 21083.3 and State CEQA Guidelines Section 15183, projects that are “consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site” (State CEQA Guidelines Section 15183(a) and PRC Section 21083.3(b)). The State CEQA Guidelines further state that “[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards […] then an additional EIR need not be prepared for the project solely on the basis of that impact” (State CEQA Guidelines Section 15183(c)).” In Wal-Mart Stores, Inc. v. City of Turlock, 138 Cal.App.4th 273 (2006), the court stated, “The foregoing construction of the terms “peculiar to” and “project-specific” promotes efficiency by reducing delay and needless paperwork and, therefore, is consistent with the purpose underlying the streamlined review of Guidelines section 15183.” The court went on to state that “Applying these definitions, a physical change in the environment will be peculiar to the [Project] if that physical change belongs exclusively or especially to the [Project] or if it is characteristic of only the [Project].” For example, impacts related to archaeological resources are not peculiar to the proposed project, since archaeological impacts with mitigation are common with many development projects in the state. Similarly, in Gilroy Citizens for Responsible Planning v. City of Gilroy, 140 Cal.App.4th 911 (2006), the court found that because the project would have significant air quality impacts and because the General Plan EIR concluded the same, there was nothing peculiar about the project. There is nothing peculiar about a project with significant impacts if the EIR already analyzed and determined those projects to be significant. Most recently, in Lucas v. City of Pomona (2023) the Court of Appeal held that “[b]ecause Guidelines section 15183 requires an agency to examine whether a project’s environmental effects were analyzed as significant impacts in a prior EIR on a general plan or zoning action with which the project is consistent…. the substantial evidence standard applies.” 1.2. CITY OF TUSTIN GENERAL PLAN PROGRAM EIR The City of Tustin adopted a comprehensive update of the General Plan and prepared a Program EIR (State Clearinghouse No. 92101104). The General Plan consists of seven elements that include: Land Use, Housing, Public Safety, Noise, Circulation, Conservation/Open Space/Recreation, Growth Management. The General Plan sets forth the City’s long-range goals, policies, and implementation measures to guide land use and planning decisions. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 2 The GP EIR evaluated the potential environmental effects from implementation of the General Plan, and development pursuant to the General Plan is subject to mitigation measures identified in the GP EIR and the requirements of the Tustin City Code. A project is consistent with the General Plan if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the GP EIR and complies with the associated standards applicable to that development density (State CEQA Guidelines Section 15183(i)(2)). Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. The Project site has a General Plan Land Use designation of PCCB - Planned Community Commercial/Business and a zoning designation of PC IND - Planned Community Industrial. The PCCB General Plan land use designation provides for a mix of commercial and office uses such as hotel/motels, commercial centers, research and development, and professional offices. Densities are allowed to a maximum FAR of 1.5:1. The PC IND zoning designation is intended to provide for a wide variety of commercial and industrial uses, including light industrial, research and development, and manufacturing uses which do not maintain greater than 50 percent of their gross floor area for office purposes. 1.3. PROJECT OVERVIEW The Project applicant proposes to demolish the existing 117,805 SF commercial and warehousing building onsite and redevelop the 7.88-net acre site with two new industrial buildings that would be 93,678 SF and 84,018 SF, totaling 177,696 SF. The Project would include parking, landscaping, and utility and stormwater improvements. In addition, the Project would modify existing onsite easements and utility lines and construct new sidewalks along the Project site frontage. Approvals required for the Project include a Tentative Parcel Map (TPM), Design Review, and approval of the 15183 CEQA Exemption. Figure 3-1, Conceptual Site Plan, illustrates the proposed Project site. 1.4. APPLICABILITY OF STATE CEQA GUIDELINES SECTION 15183 As set forth in State CEQA Guidelines Section 15183(d), the additional environmental review streamlining applies to projects which meet the following conditions: 1. The project is consistent with: a. A community plan adopted as part of a general plan, b. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or c. A general plan of a local agency, and 2. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. Additionally, the environmental review streamlining applies only to the extent that all feasible mitigation measures identified in the applicable general plan are implemented by the public agency with jurisdiction to require such mitigation measures (State CEQA Guidelines Section 15183(e)). The GP EIR analyzed the impacts of buildout of the General Plan. As discussed in this analysis, the Project is consistent with the land uses identified for the site in the General Plan. The Project site has a General Plan land use designation of PCCB - Planned Community Commercial/Business and is zoned PC IND - Planned Community Industrial. The Project would subdivide the site and develop two industrial warehousing buildings, which is within the assumptions for land use and growth projections of the General Plan. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 3 As such, the GP EIR adequately anticipated and analyzed the impacts of development consistent with the General Plan, identified applicable mitigation measures necessary to reduce impacts of such development, and required implementation of the mitigation measures where applicable. The Project follows and implements that guidance without triggering any new or unanticipated significant impacts. The Project, therefore, qualifies for an exemption from additional environmental review as set forth in State CEQA Guidelines Section 15183. Specifically, the Project qualifies for streamlining because the following findings can be made: 1. The Project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. The Project would develop the site with two industrial warehouse buildings, which is consistent with the uses analyzed in the GP EIR and allowed under the PCCB - Planned Community Commercial/Business General Plan designation and zoning designation of PC IND - Planned Community Industrial as described below under Section 1.5. 2. There are no Project specific effects which are peculiar to the Project or its site, and which the GP EIR failed to analyze as significant effects. The subject property is similar to other properties in the area, including its land use designation and zoning. The property does not support any peculiar environmental features, and the Project would not result in any peculiar effects. In addition, as explained further in the CEQA Streamline Exemption below, Project impacts were adequately analyzed by the GP EIR. The GP EIR identified that the GP would not result in significant and unavoidable environmental impacts that could not be avoided or reduced to less than significant levels through mitigation measures. The GP EIR identified eight environmental impact areas for which mitigation measures were required to reduce potential environmental impacts to a less than significant level: (1) earth resources; (2) air quality; (3) water resources; (4) biological resources; (5) noise; (6) land use; (7) risk of upset/human health; (8) population and housing; (9) transportation and circulation; (10) public services; (11) energy/utilities; (12) recreation; (13) cultural and paleontological resources. 3. There are no potentially significant off-site and/or cumulative impacts which the GP EIR failed to evaluate. The Project is consistent with the density allowed by the zoning designation and land use characteristics of the development considered by the GP EIR and would represent a small part of the growth that was forecasted for build-out of the GP. The GP EIR considered the incremental impacts of the Project, and as explained further in the CEQA Exemption, below, no new Project-specific impacts are anticipated. Therefore, the Project would not result in any potentially significant cumulative impacts which were not previously evaluated in the GP EIR. 4. There is no substantial new information which results in more severe impacts than anticipated by the GP EIR. As documented in the CEQA Streamline Exemption below, no new information has been identified which would result in a determination that the Project would have a more severe impact than anticipated by the GP EIR. 5. The Project will undertake feasible mitigation measures specified in the GP EIR. As explained in the CEQA Streamline Exemption below, the Project will undertake the related mitigation measures specified in the GP EIR and subsequently adopted by the City. These GP EIR mitigation measures will be undertaken through Project design, compliance with regulations and ordinances, the Project’s conditions of approval, and City permit processing. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 4 2. PROJECT SETTING 2.1. PROJECT LOCATION The Project site is located at 2441 Michelle Drive in the southern portion of the City of Tustin within Orange County. The Project site is adjacent to Tustin Ranch Road to the northwest, Interstate 5 (I-5) to the northeast, the Kaiser Permanente Tustin Ranch Medical Office parking lot to the southeast, and Michelle Drive to the southwest. The Project site is located within Section 38, Township 5 South, Range 9 West San Bernardino Principal Meridian on the U.S. Geological Survey (USGS) 7.5-minute Tustin topographic quadrangle. Regional access to the Project site is provided via I-5 and the Tustin Ranch Road interchange or the Jamboree Road Interchange. Local access to the Project site is provided via Tustin Ranch Road and Walnut Avenue and/or Jamboree Road to Michelle Drive. The Project site and the surrounding area are shown in Figure 2- 1, Regional Location, and Figure 2-2, Local Vicinity. The Project site encompasses approximately 7.88-net acres and is identified by Assessor’s Parcel Numbers (APNs) 432-471-16 and 432-391-59. 2.2. EXISTING LAND USES Approximately 5.9 acres of the site are currently developed one 117,805 square foot two-story commercial building with warehouse and parking lot that was constructed in 1979/1980 and received a Certificate of Occupancy in 1981. The building is used for medical devices assembly, service, and shipping remaining. The remaining 2.4 acres of the site are undeveloped. The Project site contains several existing utility and access easements, including a 10-foot-wide Kinder Morgan gas easement containing 10-inch and 16-inch gas pipelines and a 15-foot-wide Irvine Ranch Water District easement containing a 12-inch water line. An existing transportation right-of-way (TRR) easement is located along the Project site’s northern boundary and has been conveyed to the City of Tustin to facilitate acquisition of the area by the Orange County Transit Authority (OCTA). In addition, pursuant to Instrument No. 202500187869, recorded on July 2, 2025, a five-foot-wide temporary construction easement (TCE) was granted to OCTA to provide a buffer adjacent to the TRR easement along the site’s northern boundary. An additional existing right-of-way (ROW) easement, recorded in December 1988 as Instrument No. 88- 646012, is located along the southern portion of the site’s western boundary and extends from the property line to the centerline of Tustin Ranch Road, west of the Project site. Existing conditions of the Project site and adjacent uses are shown in Figure 2-3, Aerial View, Figure 2-4, Existing Site Photo A, and Figure 2-5, Existing Site Photo B. 2.3. EXISTING GENERAL PLAN AND ZONING DESIGNATIONS The Project site has a General Plan land use designation of PCCB - Planned Community Commercial/Business and a zoning designation of PC IND - Planned Community Industrial. The PCCB - Planned Community Commercial/Business General Plan land use designation provides for a mix of commercial and office uses such as hotel/motels, commercial centers, research and development, and professional offices. Densities are allowed to a maximum Floor Area Ratio (FAR) of 1.5:1. The PC IND - Planned Community Industrial zoning designation allows for a combination of light industrial uses, business and professional offices, commercial activities that support general industry, and accessory uses and structures related and incidental to a permitted use. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 5 2.4. SURROUNDING LAND USE, GENERAL PLAN, AND ZONING DESIGNATIONS The Project site is located within an urban and developed area. The surrounding land uses are described in Table 2-1. Table 2-1: Surrounding Existing Use, General Plan Land Use and Zoning Designations Direction Existing Use General Plan Land Use Zoning North I-5 followed by commercial auto dealership 500 feet to the north and residential apartments 1,300 feet to the northwest. PCCB - Planned Community Commercial/Business and PCR - Planned Community Residential PCC - Planned Community Commercial and PC RES - Planned Community Residential South Michelle Drive followed by commercial and office uses PCCB - Planned Community Commercial/Business PC IND - Planned Community Industrial East Medical office and parking lot PCCB - Planned Community Commercial/Business PC IND - Planned Community Industrial West Tustin Ranch Road followed by residential apartments PCR - Planned Community Residential PC RES - Planned Community Residential Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 6 This page intentionally left blank. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Figure 2-1: Regional Location W Almond Ave PACIFIC PARK SAN T A A N A MacArthurBlvd405 John Wayne Airport SANDPOINTE SANTA ANA MEMORIAL PARK La Colina DrProspectAveELaVetaAve Bryan Ave FoothillBlvd EsplanadeAveE Palmyra Ave HoltAveHewesAveIrvine Blvd Irvine Bl v dNTustinSt55 55 S18 S18 5 Santiago Park Nature Tustin Ranch Golf Club PARK SANTIAGO LOWER PETERS CANYONCEDAR EVERGREEN LYON STREET NORTH TUSTIN TUSTIN Drainage DitchMyfordRdW arnerA v e Waln u t Av e Valencia Ave CulverDrEdinger Ave JeffreyRdJamboreeRdJa m boree R dN55 405UNIVERSITY PARK IRVINE BUSINESS COMPLEX EL CAMINO REAL WOODBRIDGE OAK CREEK WALNUT IRV I N E 261 261 241 Peters Canyon Regional Park ORCHARD HILLS Trabuco Rd JeffreyRdNORTHWOOD POINT CYPRESS VILLAGE WOODBURY NORTHWOOD Costa Mesa Irvine Orange Santa Ana Tustin Unincorporated Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community 0 1 2Miles ± Legend Project Location Irvine Orange Santa Ana Tustin Unincorporated Costa Mesa 2441 Michelle Drive Industrial Redevelopment Project Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 8 This page intentionally left blank. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Figure 2-2: Local Vicinity ReclamationPark Axiom TustinApartments Estancia Sycamore Glen Shadowbrook Rancho Alisal Apartments SevillaCondominiums Tustin ImperialTownhomes Tustin ParkVillas Hillview HighSchool C.E.Utt MiddleSchool Tustin AutoCenter CostcoShoppingCenter Almond S t r e etCherrywoodLaneMalagaStreetFalmouthDriveMyfordRoadMitchellAvenue NissonRoad BrowningAvenueRedHillAvenueBrowningAvenueSanJuan Street TustinRanchRoad5 101B 101A 101A Browning Station Browning Park IrvineIndustrialComplex TustinCorporateCenter Laurelwood W R NelsonElementarySchool JamboreeBusinessCenter Village at TustinLegacy CaperTreeDrive CherrywoodLaneDanboroughRoadAlderLaneFigTreeDrive RaintreeRoadAppleTreeDrive SilkTreeDrive CocoPalm Drive FranklinAvenuePetersCanyonMichelleDrive ChambersRoadMyfordRoadDow Avenue W alnutAvenue Waln ut A v e n u eTustinRanchRoad JamboreeRoadJamboreeRoad261 5 5 Metrolink OrangeSubdivision 100 1 RanchoMariposa Travilla Arcada HeritageWay MyfordRoadBryan Avenue SanD iego C re e k D akotaJamboreeRoadSources: Map data © OpenStreetMap contributors, Microsoft, Esri Community Maps contributors, Map layer by Esri 0 1,000 2,000US Feet ±Legend Project Boundary 2441 Michelle Drive Industrial Redevelopment Project Tustin Ranch RoadW a l n u t A v e n u e Jamboree RoadMi c h e l l e D r i v e Chambers RoadBri a n A v e n u e El C a m i n o R e a l 5 261 Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 10 This page intentionally left blank. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Figure 2-3: Aerial View 0 150 300US Feet ±Legend Project Boundary 2441 Michelle Drive Industrial Redevelopment Project Tustin Ranch RoadMi c h e l l e D r i v e Chambers Road5 Created with Vertical © 2026 Nearmap US, Inc. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 12 This page intentionally left blank. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 14 This page intentionally left blank. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 16 This page intentionally left blank. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 17 3. PROJECT DESCRIPTION 3.1. PROJECT OVERVIEW The Project applicant proposes to demolish the existing 117,805 SF commercial and warehousing building onsite and redevelop the 7.88-net acre site with two new industrial buildings that would be 93,678 SF and 84,018 SF, totaling 177,696 SF. The Project would include parking, landscaping, and utility and stormwater improvements. In addition, the Project would modify existing onsite easements and utility lines and construct new sidewalks along the Project site frontage. Approvals required for the Project include a Tentative Parcel Map (TPM), Design Review, and approval of the 15183 CEQA Exemption. Figure 3-1, Conceptual Site Plan, illustrates the proposed Project site. 3.2. PROJECT FEATURES Tentative Parcel Map The Project proposes a Tentative Parcel Map (TPM) for a three-lot subdivision consisting of two numbered lots and one lettered lot for easement purposes. The TPM would allow for individual ownership of each building and would dedicate proposed Parcel A, an existing easement recorded in December 1988 as Instrument No. 88-646012, to the City of Tustin, in fee, as ROW for street, highway, public utility, and incidental purposes. The two proposed numbered lots would total 7.88 acres, with Parcel 1 consisting of 4.17 acres and Parcel 2 consisting of 3.71 acres. Parcel 1 would be developed with Building 1 on the western portion of the site, and Parcel 2 would be developed with Building 2 on the eastern portion of the site. The proposed lettered lot, Parcel A, would total 0.39 acres and would be located east of Parcel 1 along a portion of Tustin Ranch Road. Figure 3-2, Tentative Parcel Map, shows the proposed TPM. Development Summary The Project would construct two new warehouse buildings on a 7.88-net acre portion of site. Building 1 would be located on proposed Parcel 1 (4.17 acres) on the western portion of the site, and would be 93,678 SF, inclusive of 82,795 SF of warehouse space, 5,000 SF of ground floor office space, and 6,000 SF of mezzanine office space. Building 1 would have a footprint of 87,795 SF, resulting in a Floor Area Ratio (FAR) of 0.516. Building 2 would be located on proposed Parcel 2 (3.71 acres) on the eastern portion of the site, and would be 84,018 SF, inclusive of 76,018 SF of warehouse space, 4,000 SF of ground floor office space, and 4,000 SF of mezzanine office space. Building 2 would have a footprint of 80,018 SF, resulting in a FAR of 0.520. The proposed Project would also include a total of 22 dock doors, with 11 at each building. As shown in Figures 3-3a and 3-3b, Elevations, both buildings would be single-story, with maximum heights of approximately 47 feet, 10 inches for Building 1 and 47 feet, 6 inches for Building 2. The buildings would be gray, white, and blue with gray wood-grain porcelain tile accents, blue glazing, black mullions, and metal canopies. The two proposed buildings have been designed as flexible industrial facilities capable of accommodating a range of uses, including general warehousing, light assembly, and product distribution operations typical of modern business park developments. The proposed buildings would be capable of 24- hour operations. The buildings would include modern electrical infrastructure to accommodate warehouse operations, and future tenants may utilize warehouse automation, conveyor systems, racking configurations, and warehouse management systems as needed for their operations. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 18 No development is proposed on Parcel A (lettered lot), which consists of an existing easement recorded in December 1988 as Instrument No. 88-646012 and would be dedicated to the City of Tustin, in fee, as ROW. Circulation and Parking The Project site would be accessible via two driveways along Michelle Drive. The primary driveway to the Project site would be approximately 40-feet and three-inches in width and would be located at corner of Chambers Road and Michelle Drive, near the center of the site’s frontage along Michelle Drive. In addition, the Project would include a 27-foot-wide driveway at the eastern corner of the site along Michelle Drive, which would provide passenger vehicle access only. Internal circulation would be via 26-foot-wide on-site drive aisles which would also serve as fire lanes. Building 1 would include 11 dock doors along the eastern side of the building, and Building 2 would include 11 dock doors along the western side of the building, for a combined total of 22 dock doors within the shared truck court located between Buildings 1 and 2. The shared truck court would be secured by a double- swing gate at the entrance and a manually operated metal gate at the exit. The Project would include a total of 158 passenger vehicle parking spaces, consisting of 120 standard stalls, 30 electric vehicle charging station (EVCS) stalls, and 8 accessible stalls. Of the 30 EVCS stalls, 14 would be equipped with electric vehicle supply equipment (EVSE), while the remaining 16 would be future EV-capable spaces with conduit only, including 2 accessible EVCS stalls and 2 van-accessible EVCS stalls. The remaining accessible parking would consist of 4 standard accessible stalls and 4 van-accessible stalls. The Project would also provide onsite bicycle parking consisting of two bicycle racks, one per proposed building, with each rack accommodating up to two bicycles. Pedestrian access to the site would be provided by a full-width sidewalk that the Project would install along the site frontage of Michelle Drive and Chambers Road. Landscaping, Fencing and Walls The Project would provide approximately 43,430 SF (or 0.997 acres) of drought tolerant/ornamental landscaping around the perimeter of the site and throughout the parking areas. Landscaping would consist of 36- and 24-inch box trees, 15-gallon trees, various shrubs, accents, and groundcovers to screen the proposed buildings and parking areas from off-site viewpoints. Trees within and around the parking areas would comply with the size and quantity requirements set forth in Section V(D)(5) of the Irvine Industrial Complex Planned Community District regulations. The proposed landscape plan has been submitted to the City for review and approval as part of the plan check process. The irrigation system would also be designed for water conservation and in compliance with Tustin City Code Section 9704, Landscape Water Use Standards. Figure 3-4, Conceptual Landscape Plan, illustrates the site’s proposed landscaping. The Project would include an eight-foot-tall concrete tilt-up screen wall with an eight-foot-tall double swing gate at the entrance to the shared truck court between Buildings 1 and 2 to provide controlled access. Additionally, the Project would include an eight-foot-tall wrought iron fence with an eight-foot-tall manually operated metal gate equipped with a Knox padlock at the exit of the shared truck court. Infrastructure Improvements Electric and Gas The Project would be serviced by Southern California Edison (SCE) for electricity. The Project would install underground electric lines throughout the site that would connect to existing underground SCE infrastructure Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 19 located along Michelle Drive. The Project would be serviced by Southern California Gas Company (SoCalGas) for natural gas service. The Project would install an under-slab lateral for a future natural gas connection to accommodate potential tenant needs. An existing 10-foot-wide gas easement owned by Kinder Morgan, containing 10-inch and 16-inch gas lines, bisects the northwest portion of the site from northeast to southwest. Although two gas lines currently exist within the easement, only the 16-inch line is active. The Project proposes to quitclaim and remove approximately 600 linear feet of the existing easement and both existing gas lines and relocate the active 16-inch line within a new easement alignment. The relocated alignment would include approximately 750 linear feet of new16-inch gas line, connect to the existing 16-inch gas line and easement at the northeast boundary of the site, extend around the western side of proposed Building 1, and rejoin the existing easement and gas line at the southwest boundary of the site, as shown in Figures 3-5a and 3-5b, Utility Plan. Water and Sewer The Project site is serviced by Irvine Ranch Water District (IRWD) for water and sewer services. The Project would install new onsite domestic water lines and fire lines that would connect to the existing 12-inch domestic water line in Michelle Drive. The Project would also install new sewer lines onsite which would connect to the existing 8-inch sewer line in Chambers Road. Additionally, an existing 15-foot-wide water easement owned by Irvine Ranch Water District (IRWD) that contains a 12-inch domestic water line, bisects the northwest portion of the site from northeast to southwest. The Project proposes to quitclaim the approximately 600 linear feet of this easement and relocate the existing line. The relocated 15-foot-wide IRWD easement and 750 linear feet of new 12-inch domestic water line would connect to the existing 12-inch domestic water line and easement at the northeast boundary of the site, extend around the western side of proposed Building 1 to rejoin the existing easement and domestic waterline at the southwest boundary of the site, as shown in Figures 3-5a and 3-5b, Utility Plan. Drainage The proposed Project would install two underground detention basins in the central portion of the site with capacities of 28,369 cubic feet and 20,892 cubic feet. Stormwater runoff would be captured by the proposed onsite stormwater system and be conveyed to the detention basins for retention and infiltration into underground infiltration chambers. Street Improvements The proposed Project would construct full-width sidewalks along the Project’s frontage on Michelle Drive and Chambers Road. 3.3. CONSTRUCTION Construction activities for the Project would occur over one phase lasting approximately 12 months. Construction would occur in the following stages: (1) demolition; (2) site preparation and grading; (3) building construction; (4) paving; and (5) architectural coatings. Construction activities would be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays, and would be prohibited on Sundays and City-observed federal holidays, pursuant to Tustin’s City Code Section 4616. The Project site soils consist of artificial and undocumented fill soils extending to depths of 3 to approximately 6.5 feet below the existing site grades, which are underlain by native alluvium. The Project would over excavate existing soils within the building pad areas to a depth of 6 feet below existing grade and to a depth of 4 feet below proposed pad grade, whichever is greater. All existing artificial fill materials would Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 20 also be removed from the new building pad areas. The foundation influence zones would be over excavated to a depth equal to at least the footing width (and a minimum of 3 feet) below the below foundation bearing grades. The resulting subgrade would then be scarified to a depth of 12 inches and replaced as compacted structural fill compacted to at least 90 percent, as required by the California Building Code (CBC). The Project construction earthwork includes approximately 24,724 cubic yards (CY) of cut and a 24,901 CY of fill, resulting in 177 CY of imported soils. 3.4. DISCRETIONARY ACTION CHECKLIST As part of the proposed Project, the following discretionary actions are being requested by the project proponent: • Design Review Approval • Approval of a Tentative Parcel Map • Approval of this 15183 CEQA Exemption In addition, Project development will require a number of ministerial approvals, including the following: • Issuance of demolition permit. • Issuance of grading permit. • Issuance of building permits. • Issuance of landscape permits. • Issuance of fire permits. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Figure 3-1: Conceptual Site Plan2441 Michelle Drive Industrial Redevelopment Project Figure Not to Scale Original Plan created by HPA Architecture ± Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 22 This page intentionally left blank. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Figure 3-2: Tentative Parcel Map2441 Michelle Drive Industrial Redevelopment Project Figure Not to Scale ± Original figures produced by Huitt Zollars Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 24 This page intentionally left blank. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Figure 3-3a: Elevations2441 Michelle Drive Industrial Redevelopment Project Figures not to Scale Original figures produced by HPA Architecture Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 26 This page intentionally left blank. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Figure 3-3b: Elevations2441 Michelle Drive Industrial Redevelopment Project Figures not to Scale Original figures produced by HPA Architecture Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 28 This page intentionally left blank. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Figure 3-4: Conceptual Landscape Plan2441 Michelle Drive Industrial Redevelopment Project Figures not to Scale Original figures produced by Hunter Landscape ± Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 30 This page intentionally left blank. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Figure 3-5a: Utility Plan2441 Michelle Drive Industrial Redevelopment Project Figure not to Scale Original figures produced by Huitt Zollars±Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 32 This page intentionally left blank. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC Figure 3-5b: Utility Plan2441 Michelle Drive Industrial Redevelopment Project Figure not to Scale Original figures produced by Huitt Zollars±Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 34 This page intentionally left blank. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 35 3.5. PRIOR ENVIRONMENTAL DOCUMENT(S) FOR ANALYZING STATE CEQA GUIDELINES SECTION 15183 • City of Tustin General Plan Final Program EIR (GP EIR) (SCH #92101104), certified December 1993. The General Plan EIR, from which this document is tiered, addresses the entire City of Tustin and provides background and inventory information and data which apply to the Project site. Incorporated information and/or data will be cited in the appropriate sections. 3.6. LOCATION OF PRIOR ENVIRONMENTAL DOCUMENT(S) The above-listed documents and technical studies are available for review at the City of Tustin Planning Division, 300 Centennial Way, Tustin, California 92780 3.7. DISCRETIONARY APPROVALS, PERMITS, AND STUDIES In accordance with State CEQA Guidelines Sections 15050 and 15367, the City is the designated Lead Agency for the Project and has principal authority and jurisdiction for CEQA actions and Project approval. Responsible Agencies are those agencies that have jurisdiction or authority over one or more aspects associated with the development of a proposed Project and/or mitigation. Trustee Agencies are state agencies that have jurisdiction by law over natural resources affected by a proposed Project. There are no Responsible Agencies or Trustee Agencies, or any other public agencies, whose approval is required for approving this Project. The following discretionary approval and permits are anticipated from the City of Tustin to be necessary for implementation of the proposed Project: • Design Review Approval • Approval of a Tentative Parcel Map • Approval of this 15183 CEQA Exemption Approvals and permits necessary to execute the proposed Project, including but not limited to: demolition permit, grading permit, building permit, etc. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 36 4. ENVIRONMENTAL CHECKLIST 4.1. CHECKLIST FORM Project Title: 2441 Michelle Drive Industrial Redevelopment Project Lead Agency Name and Address: City of Tustin, 300 Centennial Way, Tustin, CA 92780 Contact Person and Phone Number: Erica Demkowicz, Senior Planner, (714) 573-3127, EDemkowicz@tustinca.org Project Location: 2441 Michelle Drive, Tustin (APNs: 432-471-16 and 432-391-59) Project Sponsor’s Name and Address: HPA Inc., 18831 Bardeen Avenue, Suite 100, Irvine, California 92612 General Plan Designation: PCCB - Planned Community Commercial/Business Zoning: PC IND - Planned Community Industrial Project Description: The Project applicant proposes to demolish the existing 117,805 SF commercial and warehousing building onsite and redevelop the 7.88-net acre site with two new industrial buildings that would be 93,678 SF and 84,018 SF, totaling 177,696 SF. The Project would include parking, landscaping, and utility and stormwater improvements. In addition, the Project would modify existing onsite easements and utility lines and construct new sidewalks along the Project site frontage. Approvals required for the Project include a Tentative Parcel Map (TPM), Design Review. Surrounding Land Uses and Setting: The Project site is located within an urban area. The surrounding land uses include I-5 to the north followed by commercial auto dealership 500 feet to the north and residential apartments 1,300 feet to the northwest; Michelle Drive followed by commercial and office uses to the south, medical office and parking lot to the east, and Tustin Ranch Road followed by residential apartments to the west. Other Public Agencies Whose Approval is Required: Not Applicable. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? Assembly Bill (AB) 52 (Chapter 532, Statutes of 2014) establishes a formal consultation process for California tribes as part of the CEQA process and equates significant impacts on tribal cultural resources with significant environmental impacts (PRC Section 21084.2). AB 52 requires that lead agencies undertaking CEQA review evaluate, just as they do for other historical and archeological resources, a project’s potential impact to a tribal cultural resource. In addition, AB 52 requires that lead agencies, upon request of a California Native American tribe, begin consultation prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report for a project. AB 52 does not apply to an Exemption or Addendum, such as this CEQA Streamline Exemption (State CEQA Guidelines Section 15183). As such, AB 52 noticing is not required for this Project. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 37 4.2. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The subject areas checked below were determined to have new significant environmental effects or to be previously identified effects that have a substantial increase in severity either due to a change in project, change in circumstances, or new information of substantial importance, as indicated by the checklist and discussion on the following pages. As described throughout Section 5.0, Environmental Analysis, no subject areas were identified to have potential new significant effects. Aesthetics Agriculture/Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology/Soils Greenhouse Gas Emissions Hazards/Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities/Service Systems Wildfire Mandatory Findings of Significance 4.3. DETERMINATION: (TO BE COMPLETED BY THE LEAD AGENCY) On the basis of this initial evaluation: I find that the proposed Project WOULD NOT result in: 1) a peculiar impact that was not identified as a significant impact under the prior EIR; 2) a significant impact that was not analyzed as significant in the prior EIR; 3) a potentially significant off-site impact or cumulative impact not discussed in the prior EIR; or 4) a more severe impact due to substantial new information that was not known at the time the prior EIR. NO FURTHER ACTION is required and a Notice of Exemption (Section 15094) will be filed indicating that the Project IS ELIGIBLE for an EXEMPTION under State CEQA Guidelines Section 15183. I find that the proposed Project would result in: 1) a peculiar impact that was not identified as a significant impact under the prior EIR; 2) a significant impact that was not analyzed as significant in the prior EIR; 3) a potentially significant off-site impact or cumulative impact not discussed in the prior EIR; or 4) a more severe impact due to substantial new information that was not known at the time the prior EIR. I find that FURTHER ENVIRONMENTAL REVIEW is necessary to analyze those effects that are subject to CEQA, and therefore, this Project is NOT ELIGIBLE for an EXEMPTION under State CEQA Guidelines Section 15183. ___________________________________________________________________________________ Signature Date ___________________________________________________________________________________ Printed Name Title Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 38 Evaluation of Environmental Impacts This CEQA Streamline Exemption provides an analysis of potential environmental impacts resulting from the Project. Following the format of CEQA Guidelines Appendix G Checklist, environmental effects are evaluated to determine if the Project would result in a potentially significant impact triggering additional review under State CEQA Guidelines Section 15183. • Items checked “Peculiar Impact that is not Substantially Mitigated” indicates that the Project could result in a peculiar impact, including a physical change that belongs exclusively or especially to the Project or that is a distinctive characteristic of the Project or the Project site and that peculiar impact is not substantially mitigated by the imposition of uniformly applied development policies or standards. (State CEQA Guidelines Section 15183(b)(1), and (f)). • Items checked “Impact not Analyzed as Significant Effect in GP EIR” indicates that the Project could result in a significant effect that was not analyzed as significant in the GP EIR. Such a Project impact is not significant if it can be substantially mitigated by the imposition of uniformly applied development policies or standards. (State CEQA Guidelines Section 15183(b)(2), (c), and (f)). • Items checked “Potentially Significant Offsite or Cumulative Impact Not Discussed in GP EIR” indicates the Project could result in a significant offsite or cumulative impact that was not discussed in the GP EIR. Such an offsite or cumulative Project impact is not significant if it can be substantially mitigated by the imposition of uniformly applied development policies or standards. (State CEQA Guidelines Section 15183(b)(3), (c), and (f)). • Items checked “Adverse Impact More Severe Based on Substantial New Information” indicates that there is new information that leads to a determination that the Project impact is more severe than discussed in the GP EIR. Such an impact is not more severe if it can be substantially mitigated by the imposition of uniformly applied development policies or standards. (State CEQA Guidelines Section 15183(b)(4)(c) and(f)). • Items checked “No New Impact” indicates that potential impacts from the Project have been adequately analyzed in the GP EIR. A project does not qualify for a Community Plan Exemption if it is determined that it would result in one or more of the following: (1) a peculiar impact that was not identified as a significant impact under the GP EIR, (2) a significant impact was not analyzed as significant in the GP EIR, (3) a potentially significant off-site impact or cumulative impact not discussed in the GP EIR, or (4) a more severe impact due to substantial new information that was not known at the time the GP EIR was certified. However, if a project having any of the foregoing impacts can be substantially mitigated through the imposition of uniformly applied development policies or standards, then an additional EIR does not need to be prepared based solely on that impact. Uniformly applied development policies or standards that are applicable to the proposed Project are included within this analysis. A summary of the City’s analysis of each potential environmental impact related to the proposed Project is provided in the checklist below for each environmental topic area. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 39 5. ENVIRONMENTAL ANALYSIS This section provides evidence to substantiate the conclusions in the environmental checklist. The section briefly summarizes the conclusions of the GP EIR and then discusses whether or not the proposed Project is consistent with the findings contained in the GP EIR, or if further analysis is required pursuant to CEQA. Mitigation measures referenced herein are from the GP EIR or pursuant to the GP EIR mitigation measures for site specific analysis and impact reduction measures. 5.1. AESTHETICS Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact Except as provided in Public Resources Code Section 21099, would the Project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the Project is in an urbanized area, would the Project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Summary of Impacts Identified in the GP EIR The GP EIR discussed impacts related to aesthetics in the Notice of Preparation on page 20 where it determined that impacts related to aesthetics would not occur from implementation of the GP. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 40 Proposed Project Impacts a) Have a substantial adverse effect on a scenic vista? No New Impact. This topic was evaluated in the GP EIR Notice of Preparation on page 20 and was determined to have no impact. Scenic vistas consist of expansive, panoramic views of important, unique, or highly valued visual features that are seen from public viewing areas. This definition combines visual quality with information about view exposure to describe the level of interest or concern that viewers may have for the quality of a particular view or visual setting. A scenic vista can be impacted in two ways: a development project can have visual impacts by either directly diminishing the scenic quality of the vista or by blocking the view corridors or “vista” of the scenic resource. Important factors in determining whether a proposed project would block scenic vistas include the project’s proposed height, mass, and location relative to surrounding land uses and travel corridors. The City of Tustin General Plan designates landforms and visual interest points as scenic resources within the Conservation Element (City of Tustin, 2018). The City of Tustin protects public views along the ridge lines, views toward the inland mountains, and along scenic transportation corridors. The Project site is currently developed with a 117,805 square foot two-story commercial building with warehouse and parking lot that was constructed in 1979/1980 and is adjacent to similar two-story industrial warehousing and office buildings, parking lots, and ornamental landscaping. Tustin Ranch Road is located to the west/northwest of the site, but does not connect to the site, is higher in elevation, and is separated by a fence and landscaping that visually screens the site. Interstate (I) 5 and the Tustin Ranch Road interchange overpass are located to the north and northeast of the site with auto dealership uses located north beyond I-5. The existing building on the Project site and a chain linked fence that delineates the right-of-way are visible from both southbound and northbound I-5 lanes. The topography of the site and surrounding area is flat; however, Tustin Ranch Road is elevated along the Project site and I-5 overpass. There are no scenic vistas or unique topographic features that are visible within the boundary of the Project site; and the Project site is not set within a scenic vista. Limited views of similar industrial, warehousing, and office buildings and ornamental landscaping exist from the I-5, Tustin Ranch Road, and along the Michelle Drive roadway corridors and redevelopment would occur only within the site boundary; therefore, the Project would not obstruct public views. The Project would be setback a minimum of 78-feet 9-inches from I-5, a minimum of 49-feet from Tustin Ranch Road, and a minimum of 81 feet from Michelle Drive; and therefore, would not encroach into views along adjacent roadways. Further, the site contains an existing two-story industrial office building, and the Project would redevelop the site with two single-story buildings with a maximum height of 47 feet, 10 inches, which would be similar in height to the existing building. As such, redevelopment of the Project site with the two proposed industrial warehouse buildings would not obstruct, interrupt, or diminish a scenic vista, and impacts would not occur. b) Substantially damage scenic resources, including trees, rock outcroppings, and historic buildings within a state scenic highway? No New Impact. According to the California Department of Transportation (Caltrans) Scenic Highway Map, the City of Tustin does not contain any scenic highways within or surrounding the City. The nearest State scenic highway is Route 91 in the City of Anaheim, approximately 10 roadway miles to the north of the Project site. According to the County of Orange General Plan, there are no designated scenic roadways or scenic vistas in the Project vicinity (County of Orange, 2012). Therefore, the Project would have no impact on scenic resources within a State scenic highway. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 41 c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the Project is in an urbanized area, would the Project conflict with applicable zoning and other regulations governing scenic quality? No New Impact. General effects related to views were evaluated in the GP EIR, which were determined to be less than significant. The Project is located in an urbanized area that is built-out. As described previously in Section 2, Project Setting, the Project site has an existing General Plan land use designation of PCCB - Planned Community Commercial/Business and a zoning designation of PC IND - Planned Community Industrial. Table AES-1 below compares the Project’s consistency with the City’s development standards. Table AES-1: Consistency with Development Standards Development Feature Development Standards Proposed Project Consistency Minimum Parcel Size 30,000 SF Consistent. Building 1 would be located on a 4.17-acre parcel on the western portion of the site, and Building 2 would be located on proposed a 3.71-acre parcel on the eastern portion of the site. Both parcels would exceed 30,000 SF. Lot Coverage Structures may not cover more than 50 percent of the lot area. Consistent. Building 1 would be located on a 4.17-acre (181,443 SF) parcel and would have a ground-floor area of 87,678 SF, resulting in a lot coverage of 48.3 percent. Building 2 would be located on a 3.71-acre parcel (161, 581 SF) and would have a ground-floor area of 80,018 SF, resulting in a lot coverage of 49.5 percent. Setbacks: Front Street Side Street Side – Interior Rear Min: 30 ft Min: 30 ft. 10 ft. 10 ft. Consistent. The Project would be setback a minimum of 78-feet 9-inches from I-5, a minimum of 49-feet from Tustin Ranch Road, and a minimum of 81 feet from Michelle Drive; and therefore, would not encroach into views along adjacent roadways. Fence and Wall Height 8 ft. maximum Consistent. The Project would include an eight-foot-tall concrete tilt-up screen wall with an eight-foot-tall double swing gate at the entrance to the shared truck court between Buildings 1 and 2 to provide controlled access. Additionally, the Project would include an eight-foot- tall wrought iron fence with an eight- foot-tall manually operated metal gate equipped with a Knox padlock at the exit of the shared truck court. Parking Office: 1 space for each 250 sq. ft. of gross floor area Consistent. As Building 1 includes 11,000 SF of office and 82,795 SF of warehouse, a total of 85 parking spaces would be required, and 86 are Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 42 Development Feature Development Standards Proposed Project Consistency Warehouse: 1 space for each 1,000 sq. ft. of gross floor for the first 20,000 sq. ft. of gross floor area and 1 space for each 2,000 sq. ft. of gross floor area for the next 20,000 sq. ft.; and 1 space for each 4,000 sq. ft. thereafter provided. As Building 2 includes 8,000 SF of office and 76,018 SF of warehouse, a total of 72 parking spaces would be required, and 72 are provided. Therefore, the Project would include a total of 158 parking spaces. Landscaping 1 tree per 5 parking stalls, at least 15 gallon in size Consistent. As the Project would include 158 parking stalls and one tree is required for every five parking spaces, a minimum of 32 trees would be required. The Project would provide a total of 64 trees, 15-gallon or greater, on-site. Notes: ft. = feet; SF = square feet Source: Irvine Industrial Complex Planned Community District Regulations Overall, the Project would not conflict with an applicable zoning regulation related to scenic quality. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? No New Impact. This topic was evaluated in the GP EIR Notice of Preparation on pages 24 and was determined to have a less than significant impact. Light spill occurs when lighting fixtures, such as streetlights, parking lot lighting, exterior building lighting, and landscape lighting are not properly aimed or shielded to direct light to the desired location, and light escapes and partially illuminates a surrounding location. If light spill occurs, sensitive uses (e.g., residential uses) surrounding the Project site could be impacted by light as a result of development within the boundaries of the Project site. Glare is the result of improperly aimed or blocked lighting sources that are visible against a dark background, such as the night sky. Glare may also refer to the sensation experienced by looking into an excessively bright light source that causes a reduction in the ability to see or causes discomfort. Glare generally does not result in illumination of off-site locations but results in a visible source of light viewable from a distance. Glare could also occur from building materials of the new structures, including glass and other reflective materials. The City Code, Section 9271hh, Light and Glare, states that all exterior lighting shall be subject to the following standards, unless otherwise exempted by the City of Tustin: (a) Outdoor lighting shall be designed to minimize impacts from light pollution, including light trespass and glare to minimize conflict caused by unnecessary illumination. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 43 (b) Outdoor lighting fixtures that are used to illuminate premises, architectural features or landscape feature on private property shall be directed, shielded, or located in such a manner that the light source is not directed off-site. As mentioned previously, the Project site is currently developed with a 117,805 square foot two-story commercial building with warehouse and parking lot, ornamental landscaping, and contains on-site nighttime security lighting. In addition, the Project site is located within a developed urban area, adjacent to the I-5 freeway, Tustin Ranch Road, Michelle Drive, and other industrial, office, and commercial uses. Existing sources of light in the vicinity of the Project site include: streetlights, security lighting, landscape lighting, vehicular lighting and lighting from building interiors that pass-through windows. The Project would remove the existing onsite lighting and install new nighttime lighting for security purposes around the proposed buildings and parking area. Implementation of the Project would result in a similar intensity of lighting on the Project site as currently exists, and additional sources to the overall ambient nighttime lighting conditions would be limited. Further, all outdoor lighting would be hooded, appropriately angled away from adjacent land uses, and would be in compliance with Tustin City Code Section 9271hh that provides specifications for intensity of lighting and shielding lighting away from adjacent uses. With compliance with the City’s lighting regulations, which would be verified by the City’s Building Division during the development permitting process, the increase in light that would be generated by the Project would not adversely affect day or nighttime views in the area. Thus, lighting impacts would be less than significant and no new or increased impact would occur. The proposed Project would also not use highly reflective surfaces, or glass sided buildings. Although the new buildings would contain windows, the windows would be separated by stucco and architectural elements, which would limit the potential of glare. In addition, as described previously, on-site lighting would be angled down and shielded, which would avoid the generation of glare on-site. Therefore, the Project would not generate substantial sources of glare, and impacts would be less than significant. No new or increased impacts related to glare would occur. Conclusion With regards to the issue area of Aesthetics, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GP EIR. 4. No mitigation measures contained within the GP EIR would be required because there are no Project specific impacts (no impact). Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements City Code, Section 9271hh, Light and Glare: All exterior lighting shall be subject to the following standards, unless otherwise exempted by the City of Tustin: (a) Outdoor lighting shall be designed to minimize impacts from light pollution, including light trespass and glare to minimize conflict caused by unnecessary illumination. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 44 (b) Outdoor lighting fixtures that are used to illuminate premises, architectural features or landscape feature on private property shall be directed, shielded, or located in such a manner that the light source is not directed off-site. General Plan Goals and Policies General Plan aesthetic resource related goals and policies that are applicable to the proposed Project include the following: Land Use Element Policy 3.7: Encourage the preservation and enhancement of public vistas, particularly those seen from public places. Policy 4.1: Mitigate traffic congestion and unacceptable levels of noise, odors, dust and light and glare which affect residential areas and sensitive receptors. GP EIR Mitigation Measures None. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 45 5.2. AGRICULTURE AND FORESTRY RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the Project: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 46 Summary of Impacts Identified in the GP EIR The GP EIR described that only 33 acres of agriculture exist within the City’s Planning Area on page 5.6-1 and does not identify impacts to this area. Proposed Project Impacts a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No New Impact. The Project site is not identified as Prime Farmland, Unique Farmland or Farmland of Statewide Importance by the California Department of Conservation’s California Important Farmland Finder Map. The Project site is identified as Urban and Built-up Land. Therefore, given that the Project site is not identified for agricultural use, and that no Prime Farmland, Unique Farmland or Farmland of Statewide Importance has been identified within the Project site, implementation of the proposed Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use. Therefore, the Project would result in no new impacts on conversion of important farmland to non-agricultural use. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No New Impact. The Williamson Act (California Land Conservation Act of 1965) restricts the use of agricultural and open space lands to farming and ranching by enabling local governments to contract with private landowners for indefinite terms in exchange for reduced property tax assessments. The Project site is currently developed with a 117,805 SF building with associated parking and the vacant portion of the site is vegetated with a limited number of trees and wild oats and annual brome grassland that is dominated by one or more nonnative annual grass species (as detailed in Section 5.4, Biological Resources); and the site does not include agricultural land uses. Additionally, the Project site is zoned PC IND - Planned Community Industrial that provides for a mix of urban uses commercial and office uses such as hotel/motels, commercial centers, research and development, and professional offices. The Project site is also not currently under a Williamson Act contract. Therefore, the Project would not conflict with, nor impact existing zoning for agricultural use or a Williamson Act contract. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No New Impact. The Project site consists of developed land that is utilized for commercial industrial and office uses. No forest land exists on or adjacent to the Project site. The Project site is not zoned for forest land or timberland uses. Therefore, the Project would result in no new impacts related to conflicts with existing forest land or timberland zoning. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. d) Result in the loss of forest land or conversion of forest land to non-forest use? No New Impact. The Project site consists of developed land that is utilized for industrial and office uses. No forest land exists on or adjacent to the Project site. Therefore, the Project would result in no new impacts related to conversion of forest land to non-forest use. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 47 e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? No New Impact. This topic was evaluated in the GP EIR on page 7-10 and was found to have no significant impact. As identified above, the Project site is not identified as Prime Farmland, Unique Farmland or Farmland of Statewide Importance by the California Department of Conservation’s California Important Farmland Finder Map. The Project site is developed land that is utilized for industrial and office uses. The Project site has a GP land use designation of PCCB - Planned Community Commercial/Business and a zoning designation of PC IND - Planned Community Industrial. The site does not contain forest land and is not designated or zoned for forest land. The proposed Project would not convert farmland to non-agricultural use or convert forest land to a non-forest use. Therefore, no impacts would occur, and the Project would not involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to non-agricultural use or conversion of forest land to non-forest use. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. Conclusion With regard to the issue area of agricultural and forestry resources, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. No mitigation measures contained within the GP EIR would be required because there are no Project specific impacts (no impact). Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements None. General Plan Goals and Policies None. General Plan EIR Mitigation Measures None. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 48 5.3. AIR QUALITY Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the Project: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Conflict with or obstruct implementation of the applicable air quality plan? b) 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? c) Expose sensitive receptors to substantial pollutant concentrations? d) Result in other emissions (such as those leading to odors) affecting a substantial number of people? Summary of Impacts Identified in the GP EIR The GP EIR discussed air quality impacts in Table 2-1 and on pages 5.2-4 through 5.2-9. The GP EIR determined that implementation of the General Plan will result in increased levels of most air pollutants. Emissions will come from increased mobile sources (vehicle trips), combustion of natural gas for heating, cooking, and power generation for new development, and stationary sources (power plant emissions from the generation of additional electricity for new development). Short-term air quality impacts will result from construction activity. The General Plan is consistent with the South Coast Air Quality Management District's (SCAQMD) Air Quality Management Plan (AQMP) and other regional plans. The increase in air pollution from implementation of the General Plan is considered significant because Tustin will be increasing pollutant levels in a non-attainment air basin. In addition, the GP EIR determined that short-term impacts from construction activities are considered significant. The SCAQMD AQMP is an advisory document which identifies a number of air pollution reduction goals, measures and policies. Local jurisdictions have been mandated to reduce a fair share proportion of vehicle generated air pollution through the adoption of a menu of optional Transportation Control Measures (TCMs). Ther EIR included mitigation measures to reduce vehicular trips. Proposed Project Impacts a) Conflict with or obstruct implementation of the applicable air quality plan? No New Impact. This topic was evaluated in the GP EIR on pages 5.2-4 through 5.2-9 and was determined to have a significant impact after implementation of mitigation. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 49 The Project site is located in the South Coast Air Basin and is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD and the SCAG are responsible for preparing the Air Quality Management Plan (AQMP), which addresses federal and state Clean Air Act (CAA) requirements. The AQMP details goals, policies, and programs for improving air quality in the Basin. In preparation of the AQMP, the SCAQMD and SCAG use regional growth projections to forecast, inventory, and allocate regional emissions from land use and development-related sources. For purposes of analyzing consistency with the AQMP, if a proposed project would result in growth that is substantially greater than what was anticipated, then the proposed project would conflict with the AQMP. On the other hand, if a project’s resulting growth is within the anticipated growth of a jurisdiction, its emissions would be consistent with the assumptions in the AQMP, and the project would not conflict with SCAQMD’s attainment plans (Consistency Criterion No. 1). While SCAG has updated the RTP/SCS to the Connect SoCal 2024, which provides growth and forecasting estimates for 2019 through 2050, this update was adopted after the 2022 AQMP. Therefore, the analysis below uses assumptions from the 2020-2045 RTP/SCS for consistency with the most recent AQMP. In addition, the SCAQMD considers a project consistent with the AQMP if the project would not result in an increase in the frequency or severity of existing air quality violations or cause a new violation (Consistency Criterion No. 2) As described previously, the Project site has a land use designation of PCCB - Planned Community Commercial/Business, which allows for a variety of business uses at a development FAR of 1.5:1, and the site is zoned PC IND - Planned Community Industrial. The PC IND - Planned Community Industrial zoning designation is intended to provide for a wide variety of commercial and industrial uses, including light industrial, research and development, and manufacturing uses which do not maintain greater than 50 percent of their gross floor area for office purposes. The Project would result in two buildings that would total 177,696 SF on the 7.88-acre site, which would result in a FAR of 0.5, which is less than the allowable FAR of 1.5. Therefore, the Project would be consistent with the site’s General Plan designation and zoning. Further, the Project would also be consistent with the 2019-2050 SCAG RTP/SCS, which is based on the employment use of the Project site. Therefore, the Project would not induce substantial unplanned population growth and would not exceed the growth assumptions for the site. As such, the Project is consistent with Consistency Criterion 1 with the required approvals. As presented in Table T-1, in Section 5.17, Transportation, the proposed Project would result in a reduction in trips in comparison to the existing uses on the site that would also result in a reduction in emissions. Therefore, the proposed Project would be consistent with Criterion No. 2. Since the Project would be consistent with both Criterion No. 1 and 2, impacts related to consistency with the AQMP would be less than significant. As such, the proposed Project is consistent with the findings contained in the GP EIR, and the Project would result in no new impact. b) 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)? No New Impact. This topic was evaluated in the GP EIR on pages 5.2-4 through 5.2-9 and was determined to be significant after mitigation. The Basin is in non-attainment status for federal ozone standards, and State and federal particulate matter standards. The Basin is designated as a maintenance area for federal PM10 standards. Any development in the Basin, including the proposed Project could cumulatively contribute to these pollutant violations. Evaluation of the cumulative air quality impacts of the proposed Project has been completed pursuant to the SCAQMD’s cumulative air quality impact methodology. The SCAQMD states that if an individual project results in air emissions of criteria pollutants (reactive organic gases [ROG], carbon monoxide [CO], nitrogen oxides [NOx], sulfur dioxide [SOx], particulate matter with a diameter of 10 micrometers or less [PM10], and particulate matter with a diameter of 2.5 micrometers or less [PM2.5]) that exceed the SCAQMD’s recommended daily thresholds for project-specific impacts, then it would also result in a cumulatively considerable net increase Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 50 of the criteria pollutant(s) for which the Project region is in non-attainment under an applicable federal or state ambient air quality standard. Construction This topic was evaluated in the GP EIR on page 5.2-4 where it was determined that impacts would be significant. Construction activities associated with the proposed Project would occur over approximately 12 months and would generate pollutant emissions from the following: (1) site preparation, (2) grading, (3) building construction, (4) paving, and (5) architectural coating. The amount of emissions generated on a daily basis would vary, depending on the intensity and types of construction activities occurring. However, it is mandatory for all construction projects to comply with several SCAQMD Rules, including Rule 403 for controlling fugitive dust, PM10, and PM2.5 emissions from construction activities. Rule 403 requirements include, but are not limited to, applying water in sufficient quantities to prevent the generation of visible dust plumes, applying soil binders to uncovered areas, reestablishing ground cover as quickly as possible, utilizing a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the Project site, covering all trucks hauling soil with a fabric cover and maintaining a minimum freeboard height of 12 inches, and maintaining effective cover over exposed areas. Also, implementation of SCAQMD Rules 1108 and 1113 governs the volatile organic compound (VOC or ROG) content in asphalt, architectural coating, paint, thinners, and solvents. In addition, construction activities would be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays, and would be prohibited on Sundays and City-observed federal holidays, pursuant to the Tustin City Code Section 4616. Thus, emissions from construction would only occur within those time periods. Therefore, impacts related to construction air quality emissions would not exceed the significant impacts that were identified by the GP EIR. Thus, no new or increased impacts would occur from implementation of the proposed Project. Operation Implementation of the proposed Project would result in long-term emissions of criteria air pollutants from area sources generated by the proposed building operation, vehicular emissions, natural gas consumption, landscaping, applications of architectural coatings, and use of consumer products. The emissions from the proposed Project are primarily from vehicle trips. As presented in Table T-1, in Section 5.17, Transportation, the proposed Project would result in a reduction of 210 daily passenger car equivalent (PCE) trips in comparison to the existing uses on the site that would result in a reduction in air quality emissions. With a reduction in emissions, the Project would result in no new impacts related to operational air quality emissions. As such, no new or increased impacts would occur from implementation of the proposed Project. c) Expose sensitive receptors to substantial pollutant concentrations? No New Impact. Sensitive receptors can include residences, schools, playgrounds, childcare centers, athletic facilities. The closest existing sensitive receptors are the existing residences that are located approximately 200 feet to the west across Tustin Ranch Road from the site. Construction Construction of the proposed Project may expose nearby residential sensitive receptors to airborne particulates as well as a small quantity of construction equipment pollutants (i.e., usually diesel-fueled vehicles and equipment). However, construction contractors would be required to implement measures to reduce or eliminate emissions by following SCAQMD’s standard construction practices Rule 403 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Also, implementation of SCAQMD Rules 1108 and 1113 governs the volatile organic compound (VOC or ROG) content in asphalt, architectural coating, paint, thinners, and solvents. In addition, construction activities would Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 51 be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays, and would be prohibited on Sundays and City-observed federal holidays, pursuant to the Tustin City Code Section 4616. Thus, emissions from construction would only occur within those time periods. Therefore, impacts related to substantial pollutant emissions would not exceed the significant impacts that were identified by the GP EIR. Thus, no new or increased impacts would occur from implementation of the proposed Project. Operation As presented in Table T-1, in Section 5.17, Transportation, the proposed Project would result in a reduction of 210 daily PCE trips in comparison to the existing uses on the site that would result in a reduction in air quality emissions. With a reduction in emissions, the Project would result in no new impacts related to operational air quality emissions. Additionally, the Project would be required to implement CARB Rule 2485 regulations that limit idling to 5 minutes (13 CCR, Chapter 10 Section 2485), which would reduce emissions of truck exhaust. Therefore, no new impact would occur. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? No New Impact. This topic was not evaluated in the GP EIR. The proposed Project would develop the site with two light industrial warehousing buildings that are not anticipated to generate odors. ?? In addition, odors generated by non-residential land uses are required to be in compliance with SCAQMD Rule 402, which would prevent nuisance odors. During construction, emissions from construction equipment, architectural coatings, and paving activities may generate odors. However, these odors would be temporary, intermittent in nature, and would not affect a substantial number of people. The noxious odors would be confined to the immediate vicinity of the construction equipment. Also, the short-term construction-related odors would cease upon the drying or hardening of the odor-producing materials. Therefore, development pursuant to the proposed Project would not result in any substantial impacts related to odor. Therefore, the Project would result in no new impacts on other emissions affecting a substantial number of people. Conclusion With regard to the issue area of Air Quality, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. Feasible mitigation measures within the GP EIR that are listed below and SCAQMD rules and regulations would be applied to the Project. Though the Project-specific impacts would be less than significant these mitigation measures and regulations, detailed below, provide protection for air quality and would further reduce Project-specific air quality emissions. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements Rule 402 – Nuisance. 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 Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 52 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. Rule 403 – Fugitive Dust. SCAQMD Rule 403 governs emissions of fugitive dust during and after construction. Compliance with this rule is achieved through application of standard Best Management Practices, such as application of water or chemical stabilizers to disturbed soils, covering haul vehicles, restricting vehicle speeds on unpaved roads to 15 miles per hour, sweeping loose dirt from paved site access roadways, cessation of construction activity when winds exceed 25 mph, and establishing a permanent ground cover on finished sites. Rule 403 requires project applicants to control fugitive dust using the best available control measures such that dust does not remain visible in the atmosphere beyond the property line of the emission source. In addition, Rule 403 requires implementation of dust suppression techniques to prevent fugitive dust from creating an off-site nuisance. Applicable Rule 403 dust suppression (and PM10 generation) techniques to reduce impacts on nearby sensitive receptors may include, but are not limited to, the following: • Apply nontoxic chemical soil stabilizers according to manufacturers’ specifications to all inactive construction areas (previously graded areas inactive for 10 days or more). • Water active sites at least three times daily. Locations where grading is to occur shall be thoroughly watered prior to earthmoving. • Cover all trucks hauling dirt, sand, soil, or other loose materials, or maintain at least 0.6 meters (2 feet) of freeboard (vertical space between the top of the load and top of the trailer) in accordance with the requirements of California Vehicle Code Section 23114. • Reduce traffic speeds on all unpaved roads to 15 miles per hour (mph) or less. • Suspend all grading activities when wind speeds (including instantaneous wind gusts) exceed 25 mph. • Provide bumper strips or similar best management practices where vehicles enter and exit the construction site onto paved roads, or wash off trucks and any equipment leaving the site each trip. • Replant disturbed areas as soon as practical. • Sweep onsite streets (and off-site streets if silt is carried to adjacent public thoroughfares) to reduce the amount of particulate matter on public streets. All sweepers shall be compliant with SCAQMD Rule 1186.1, Less Polluting Sweepers. Rule 481 – Spray Coating. This rule applies to all spray painting and spray coating operations and equipment and states that a person shall not use or operate any spray painting or spray coating equipment unless one of the following conditions is met: • The spray coating equipment is operated inside a control enclosure, which is approved by the Executive Officer. Any control enclosure for which an application for permit for new construction, alteration, or change of ownership or location is submitted after the date of adoption of this rule shall be exhausted only through filters at a design face velocity not less than 100 feet per minute nor greater than 300 feet per minute, or through a water wash system designed to be equally effective for the purpose of air pollution control. • Coatings are applied with high-volume low-pressure, electrostatic and/or airless spray equipment. • An alternative method of coating application or control is used which has effectiveness equal to or greater than the equipment specified in the rule. Rule 1108 – Volatile Organic Compounds. This rule governs the sale, use, and manufacturing of asphalt and limits the volatile organic compound (VOC) content in asphalt used in the Basin. This rule also regulates Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 53 the VOC content of asphalt used during construction. Therefore, all asphalt used during construction of the Project must comply with SCAQMD Rule 1108. Rule 1113 – Architectural Coatings. No person shall apply or solicit the application of any architectural coating within the SCAQMD with VOC content in excess of the values specified in a table incorporated in the Rule. CALGreen Compliance. The Project is required to comply with the CALGreen Building Standards Code pursuant to Tustin City Code Section 8100 to ensure efficient use of energy. CALGreen specifications are required to be incorporated into building plans as a condition of building permit approval. General Plan Goals and Policies Land Use Element Policy 4.1: Mitigate traffic congestion and unacceptable levels of noise, odors, dust and light and glare which affect residential areas and sensitive receptors. GP EIR Mitigation Measures Trip Reduction 1. The City Community Development and Public Works Departments shall prepare a Transportation Demand Management (TDM) ordinance or TDM ordinance amendment requiring trip reduction programs for the City, as an employer, and other major employers within the city, to reduce employee personal motor vehicle trips by 12% by July 1, 1999, 20% by 2004, and 30% by 2010 (implements Tier 1 Measure 1.a of the 1991 AQMP). (Implementation Program No. 1 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City preparation of a TDM ordinance and is not an action for the proposed Project. However, the Project would be compliant with all City ordinances and other regulations, as verified through the City development review and permitting process. 2. The City Community Development and Public Works Departments shall amend the City's TDM ordinance incorporating non-work trip reduction provisions requiring: • Major retail centers offer customer mode -shift travel incentives and provide facilities for non - motorized transportation needs; and • Large capacity special event centers (over 10,000 seating capacity) to include park-n-ride and off- site facility lots, auto free zones, street closure during peak periods, and enhanced transit performance as appropriate (implements Tier I Measures 1.b, 2.d, and 2.e of the 1991 AQMP). (Implementation Program No. 2 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City amendment of the TDM ordinance and is not an action for the proposed Project. However, the Project would be compliant with all City ordinances and other regulations, as verified through the City development review and permitting process. 3. The City Community Development, Public Works, and Administrative Services Departments shall adopt or amend a TDM ordinance incorporating strategies for employers of over 100 people and those of over 25 people, encouraging the formation of Transportation Management Associations, and encouraging employer van pool programs and use of clean fuel vans (implements Tier I Measure 2.a of the 1991 AQMP). (Implementation Program No. 3 from the General Plan Conservation/ Open Space/ Recreation Element). Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 54 Not Applicable: This measure is related to City preparation of a TDM ordinance for employers with over 100 employees and is not an action for the proposed Project. However, the Project would be compliant with all City ordinances and other regulations, as verified through the City development review and permitting process. 4. The City Community Development and Public Works Department shall conduct a local assessment and amend the City's TDM ordinance which encourages reductions in parking needs. Such an ordinance will promote the following measures: increased daytime parking fees, parking surcharge for single -occupant vehicles, parking discounts for multiple-occupant vehicles, no peak hour on-street parking, no 100 percent employer subsidized parking, preferential parking for ridesharers, residential parking permit programs near commercial centers, increased parking enforcement, caps on number of parking spaces provided, monitoring of progress, and market incentive measures adopted by Growth Management and Traffic Task Force ( implements Tier I Measure 2.b of 1991 AQMP). Implementation Program No. 4 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City preparation of a TDM ordinance related to parking and is not an action for the proposed Project. However, the Project would be compliant with all City ordinances and other regulations, as verified through the City development review and permitting process. 5. The City Community Development and Public Works Department shall adopt an ordinance restricting truck deliveries to off peak hours and instituting a truck accident reduction program (implements Tier I Measure 3a of the 1991 AQMP). (Implementation Program No. 5 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City preparation of an ordinance related to trucking deliveries and is not an action for the proposed Project. However, the Project would be compliant with all City ordinances and other regulations, as verified through the City development review and permitting process. 6. The City Public Works Department shall implement traffic signal synchronization where feasible at Citywide intersections and pursue cooperation with adjacent jurisdictions to implement interjurisdictional traffic signal coordination (implements Tier I Measure 4 of the 1991 AQMP). (Implementation Program No. 6 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City synchronization of traffic signals and is not an action for the proposed Project. 7. The City Community Development and Public Works Departments shall develop intergovernmental agreements and may adopt a local ordinance to attain targeted reduction of Vehicle Miles Travelled and growth management goals of the Growth Management Plan (implements Tier I Measure 17 of the 1991 AQMP). (Implementation Program No. 7 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City preparation of intergovernmental agreements related to VMT and is not an action for the proposed Project. However, the Project would be compliant with all City ordinances and other regulations, as verified through the City development review and permitting process. 8. The City Community Development and Public Works Departments shall adopt an ordinance restricting outdoor storage of fine particulate matter, requiring liners for truck beds and covering of loads, and controlling construction activities and emissions from unpaved areas, and paving areas used for vehicle maneuvering or areas otherwise identified by the Air Resources Board. The City will study whether to adopt an ordinance to address restrictions on paved roads. Paved roads are currently addressed on an as needed basis in conjunction with specific projects (implements Tier I Measures 12a and 12.b of the 1991 AQMP). (Implementation Program No. 8 from the General Plan Conservation/ Open Space/ Recreation Element). Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 55 Not Applicable: This measure is related to City preparation of an ordinance related to outdoor storage and is not an action for the proposed Project. However, the Project would be compliant with all City ordinances and other regulations, as verified through the City development review and permitting process. Energy Conservation 9. The City Community Development and Public Works Departments shall participate with the Orange County Transportation Authority in defining and implementing the County's Congestion Management Plan. (Implementation Program No. 9 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City participation in the County Congestion Management Plan and is not an action for the proposed Project. 10. The City Community Development Department and other affected City Departments shall participate in available communication networks with key elected officials and staffs involved in air quality planning as the basis for identifying and implementing programs which effectively reduce airborne pollutants. (Implementation Program No. 10 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City air quality planning to reduce airborne pollutants and is not an action for the proposed Project. However, the Project would be compliant with all regulations related to air quality emissions, as verified through the City development review and permitting process. 11. The City Community Development and Public Works Departments shall continue to require participation in transportation demand management programs for development projects which have been determined to have a potential impact on air quality. Implementation Program No. 11 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is not applicable to the Project as it would not result in an impact on air quality. The Project would be compliant with all applicable regulations related to air quality emissions and transportation demand, as verified through the City development review and permitting process. 12. City Administrative Services shall explore the development of a Tustin Area Transportation Network as a forum for communication and cooperating among Tustin Area Employers and employees to comply with Regulation XV. (Implementation Program No. 12 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City development transportation network and is not an action for the proposed Project. 13. City Administrative Services shall evaluate and develop a program to use flex time, staggered and modified work hours, and telecommunication for City employees. (Implementation Program No. 13 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City employees and is not an action for the proposed Project. 14. City Administrative Services shall require City employee participation in the Orange County Transportation Authority's Commuter Match-Up program. (Implementation Program No. 14 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City employees and is not an action for the proposed Project. 15. City Administrative Services shall undertake a guaranteed ride home and lunch program for City employees using fleet cars made available to employees who participate in trip reduction programs. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 56 (Implementation Program No. 15 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City employees and is not an action for the proposed Project. 16. The City Public Works Department and Administrative Services shall investigate the conversion of City vehicles to use propane fuel. Implementation Program No. 16 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City vehicles and is not an action for the proposed Project. 17. The City Community Development Department shall monitor legislation to establish, update, and implement energy performance building code requirements established under State Title 24 Energy Regulations. Adopt an ordinance requiring increased thermal integrity, increased efficiency of building systems and major appliances, and reduced thermal loads and solar gain; and through development review, require project design to accommodate local climatology and solar orientations (implements Measures CM# 90 E -D -IA, 1B, E -C -1A, 2B, and E -C-2 of the 1991 AQMP). (Implementation Program No. 17 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City development of ordinances related to energy usage and is not an action for the proposed Project. 18. The City Community Development Department and Building Division shall encourage energy efficient building and site design during review of new development projects and support innovative building and site design for all new public buildings. (Implementation Program No. 18 from the General Plan Conservation/ Open Space/ Recreation Element). Applicable: The proposed Project would be compliant with all Title 24 and CalGreen energy regulations that would be verified by the City during the development review and permitting process. 19. All City Departments shall ensure that energy saving devices are installed on new public buildings and when retrofitting existing public buildings. (Implementation Program No. 19 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to public buildings and is not an action for the proposed Project. 20. The Community Development Department and Building Division shall provide information brochures at the Building Division counter regarding orientation techniques that minimize electric and fuel burning energy use, and maximize the use of passive solar energy. (Implementation Program No. 20 from the General, Plan Conservation/ Open Space Recreation Element). Not Applicable: This measure is related to City provision of informational brochures and is not an action for the proposed Project. 21. The Community Development Department and Building Division shall budget for and encourage City staff to attend education programs offered by the Energy Commission. Explore new technology and revenue generation from new sources of technology. Implementation Program No. 21 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City employees to attend educational programs offered by the Energy Commission and is not an action for the proposed Project. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 57 5.4. BIOLOGICAL RESOURCES Would the Project: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) 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 Game or U.S. Fish and Wildlife Service? b) 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 Game or US Fish and Wildlife Service? c) 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? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 58 Summary of Impacts Identified in the GP EIR The GP EIR discussed impacts to biological resources in Table 2-1 and on pages 5.4-5 through 5.4-8. The GP EIR describes that the City is highly urbanized and limited habitat with high biological value exists. Future development will primarily occur in previously developed or disturbed areas. The most important native habitat exists in the Peters Canyon area and the General Plan prevents development in the Peters Canyon area to minimize biological impacts. Other isolated islands of natural habitat may be impacted and the eucalyptus and redwood groves could be degraded by future development. The California Gnatcatcher is present in the Coastal Sage Scrub of East Tustin. To maximize protection of the California Gnatcatcher, the City participates in the State of California Resources Agency Natural Community Conservation Plan for Coastal Sage Scrub. The EIR determined that impacts to biological resources would be less than significant with mitigation. Proposed Project Impacts This section is based on the following document: • Biological Resource Assessment prepared in April 2026, and included as Appendix A. a) 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? No New Impact. This topic was evaluated in the GP EIR on pages 5.4-5 and 5.4-8 and was determined to have a less than significant impact with implementation of mitigation measures. Page 5.4-7 of the GP EIR noted individual development projects would require individual assessments of potential Project-specific impacts to biological resources. Consistent with GP EIR MM BIO-3 and MM BIO-7, a Biological Resources Assessment was prepared for the proposed Project (included as Appendix A), which included a field survey, literature review, and records search. The Biological Resources Assessment identified that the undeveloped portion of the site contains wild oats and annual brome grassland that is dominated by one or more nonnative annual grass species with an open to continuous herb layer less than 4 feet in height. This vegetation community occurs in all topographic settings including foothills, disturbed areas, rangelands, and openings in woodlands. Wild oats and annual brome grassland was observed in the northern portion of the Project Site and south of I-5, within the 500- foot biological survey buffer. The plant species observed included slender oat (Avena barbata), bromes (Bromus spp.), devil’s thorn (Emex spinosa), redstem filaree (Erodium cicutarium), foxtail barley (Hordeum murinum), cheeseweed (Malva parviflora), and castor bean (Ricinus communis). Special Status Plant Species The Biological Resources Assessment (Appendix A) determined that of the 56 special-status plants identified through databases with the potential to occur in the Project region, two species have a moderate potential to occur on the Project site and 11 species have a low potential to occur on the Project site; which include the following: Moderate Potential to Occur • Southern tarplant (Centromadia parryi ssp. australis); CRPR 1B.1 • Many-stemmed dudleya (Dudleya multicaulis); CRPR 1B.2 Low Potential to Occur • Coulter’s saltbush (Atriplex coulteri); CRPR 1B.2 • Lewis’ evening primrose (Camissoniopsis lewisii); CRPR 3 Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 59 • Long-spined spineflower (Chorizanthe polygonoides var. longispina); CRPR 1B.2 • Small-flowered morning glory (Convolvulus simulans); CRPR 4.2 • Paniculate tarplant (Deinandra paniculata); CRPR 4.2 • Western dichondra (Dichondra occidentalis); CRPR 4.2 • Palmer’s grapplinghook (Harpagonella palmeri); CRPR 4.2 • Vernal barley (Hordeum intercedens); CRPR 3.2 • Small-flowered microseris (Microseris douglasii ssp. platycarpha); CRPR 4.2 • Prostrate vernal pool navarretia (Navarretia prostrata); CRPR 1B.2 • California adder’s tongue (Ophioglossum californicum); CRPR 4.2 Southern tarplant is an annual herb in the Asteraceae family that blooms from May through November. This species occurs in marshes and swamps, valley and foothill grassland, and vernal pools in elevations ranging from 0 to 1,575 feet amsl. Southern tarplant has a California Native Plan Society (CNPS) California Rare Plant Rank (CRPR) of 1B.1, 1B meaning that the species’ distribution is “rare, threatened, or endangered in California and elsewhere” and the 0.1 threat level defined as: “seriously threatened in California”. Southern tarplant is not listed under the federal or California Endangered Species Acts (ESAs). This species was determined to have a moderate potential to occur due to the presence of limited suitable grassland habitat in the Project site among the wild oats and annual brome grassland, as well as the presence of two recent CNDDB records within 5 miles of the Project site. Many-stemmed dudleya is a perennial herb in the Crassulaceae family that blooms from April through July. This species occurs in chaparral, coastal scrub, and valley and foothill grassland, often in clay soils, in elevations ranging from 50 to 2,590 feet amsl. Many-stemmed dudleya has a CRPR of 1B.2, with the threat level of 0.2 defined as “moderately threatened in California” (CNPS 2026c). Many-stemmed dudleya is not listed under the federal or California Endangered Species Acts (ESAs). This species was determined to have a moderate potential to occur due to the presence of limited suitable grassland habitat in the Project site among the wild oats and annual brome grassland, as well as the presence of two recent CNDDB records within 5 miles of the Project site. Due to the moderate potential that southern tarplant and many-stemmed dudley may occur on the Project site, mitigation has been included to require focused preconstruction rare plant survey be conducted during the appropriate blooming period the season immediately prior to Project implementation and consultation with wildlife agencies should special status plants be detected. With implementation of mitigation, potential impacts related to special status plants species would be less than significant. Special Status Wildlife Species Of the 69 wildlife species identified through database searches as having potential to occur, five species have a low potential to occur on or adjacent to the Project site due to the presence of limited suitable habitat but a lack of recent occurrences within 5 miles of the Project site. The remaining 64 species are presumed absent from the Project site due to a lack of suitable habitat, the site location outside the known range of the species, and/or a lack of documented occurrences. American badger (Taxidea taxus) is a California SSC that is found throughout California in herbaceous, shrub, and open habitats with dry, friable soils. This species digs burrows for cover in dry, friable soils and frequently reuses old burrows. American badgers are carnivores that primarily eat rodents including rats, mice, chipmunks, ground squirrels, and pocket gophers. Their diet shifts seasonally and yearly depending on the availability of prey. American badgers also consume some reptiles, insects, earthworms, eggs, birds, and carrion. No burrows belonging to American badger were observed within the Project site during the biological survey. However, the Project Site contains suitable habitat for this species in the form of open grassland habitat with relatively friable soil. No California Natural Diversity Database (CNDDB) records of Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 60 this species have been documented within 5 miles of the Project site. Due to the lack of documented species within five miles of the site and the mobile nature of the species, potential impacts to this species would be less than significant. Burrowing owl (Athene cunicularia) is a CDFW SSC and is a candidate for listing as an endangered species as defined by Section 2068 of the Fish and Game Code. This small, migratory owl is found in various habitats throughout North America, including disturbed areas. These owls either excavate their own burrows or rely on California ground squirrel (Otospermophilus beecheyi) and other burrowing mammals for burrow construction. They are also known to nest within natural rock cavities, debris piles, culverts, and pipes. Burrowing owl was determined to have a low potential to occur due to the presence of marginally suitable habitat (i.e., friable soils, sparse vegetation, and mammal burrowing activity) among the wild oats and annual brome grassland on the Project site as well as one historical occurrence in the CNDDB within 5 miles of the Project site. No burrowing owl individuals, burrows, or sign were observed during the survey. However, due to the mobile nature of the burrowing owl, there is potential for this species to move into the Project site prior to ground-disturbing activities commencing. Therefore, mitigation has been included to implement a pre-construction burrowing owl survey, and coordination with CDFW should burrowing owl be identified prior to site construction. With implementation of mitigation, potential impacts to burrowing owl would be less than significant. Hoary Bat, Yuma Myotis, and Pallid Bat. The foliage and features of the palm and pine trees within the Project site provide potentially suitable day roosting habitat for hoary bat (Lasiurus cinereus). Additionally, the Tustin Ranch Road bridge over the I-5, northwest of the Project site and within the 500-foot buffer, provides potentially suitable day roosting habitat for Yuma myotis (Myotis yumanensis) and pallid bat (Antrozous pallidus). Tree removal and trimming may disrupt maternity roosts between April 1 and September 15. Therefore, if tree removal or trimming cannot be conducted between September 15 and October 30, Mitigation Measure BIO-3 would require qualified biologists to examine trees to be removed or trimmed for suitable roosting habitat prior to removal or trimming to ensure that bats would not be impacted during vegetation removal. Therefore, Project impacts to candidate, sensitive, or special status species would be less than significant with implementation of mitigation measures, and no new impacts would occur. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impacts. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? No New Impact. This topic was evaluated in the GP EIR on pages 5.4-5 through 5.4-8 and was determined to have a less than significant impact with implementation of mitigation measures. The Biological Resources Assessment describes that the undeveloped portion of the site contains wild oats and annual brome grassland that is dominated by nonnative annual grass species, which is not a sensitive natural community. In addition, the Biological Resources Assessment (Appendix A) determined that no blue line streams or drainages are located within the Project site or within a 500-foot buffer. The nearest aquatic feature is the El Modena- Irvine Channel, 0.25 mile west of the Project site. Note that there are three culverts under Tustin Ranch Road that appear to be solely for the purpose of stormwater collection. Also, a single willow (Salix sp.) was observed in the north part of the Project site but was not associated with any stream feature. No other potential jurisdictional aquatic resources were identified. Thus, the Project site does not include any riparian habitat or other sensitive natural community. Therefore, the Project would result in no new impacts on riparian habitat or other sensitive natural community. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 61 c) 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? No New Impact. This topic was evaluated in the GP EIR on pages 5.4-5 through 5.4-8 and was determined to have a less than significant impact with mitigation. As discussed above, the Project site consists of developed areas and wild oats and annual brome grassland that is dominated by nonnative annual grass species. The Biological Resources Assessment describes that no drainage, riparian, riverine, or wetlands are located on-site (Appendix A). Therefore, the Project would result in no new impacts to state or federally protected wetlands. As such, the proposed Project is consistent with the findings contained in the GP EIR, and no new impact would occur. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No New Impact. The Project site is within a developed urban area and exhibits anthropogenic disturbances due to the various buildings and vehicle traffic on the busy streets. The Project site is bordered by paved roads and developed areas. Approximately 3.5 miles east are the Santa Ana Mountains, which is the closest block of native habitat. The Biological Resources Assessment determined that the Project site itself provides minimal wildlife movement opportunities. Additionally, the Project site is not situated along any major drainages or washes that would be considered movement corridors for wildlife. Therefore, the Project site is not considered a linkage or corridor between natural habitat areas. Thus, implementation of the Project would not result in new impacts related to wildlife movement or wildlife corridors. However, as discussed above, the Project site contains trees, shrubs, and grassland on the site that have the potential to provide habitat for nesting migratory birds. The proposed Project would be required to comply with the Migratory Bird Treaty Act (MBTA) which prohibits the take of nesting birds. Thus, the Project would implement Mitigation Measure BIO-4 which would require pre-construction nesting bird surveys to be conducted prior to ground disturbing activities if construction occurs during the nesting bird season. Therefore, with implementation of mitigation, potential impacts related to nesting birds would be less than significant. As such, no new impact to native resident or migratory fish or wildlife species, migratory wildlife corridors, or wildlife nursery sites would occur and the proposed Project is consistent with the findings contained in the GP EIR. e) Conflict with any local policies or ordinances protecting biological resources? No New Impact. The Project site is fully developed. Article 7, Chapter 3 of the Tustin City Code addresses the protection of “trees, plants or shrubs in or growing upon or over any public parkway street, highway, alley, right-of-way, or City-owned property in the City.” Tree trimming and removal within any public parkway street, highway, alley, right-of-way, or City-owned property would be prohibited without a tree removal permit pursuant to Article 7, Chapter 3 of the Tustin City Code. The City has not adopted any additional local policies or ordinances related to the protection of biological resources that pertain to the Project. The Biological Resources Assessment for the Project identified that the Project site does not contain any protected tree species. Existing trees on the site include: Aleppo pine (Pinus halepensis), American sycamore (Platanus occidentalis), and Mexican fan palm (Washingtonia robusta). The Project would remove the existing ornamental tree species on the site and install a mixture of trees and shrubs. Tustin City Code Section 7308 requires that large development and redevelopment projects provide for planting of trees in accordance with the Master Tree Plan of the City. Therefore, the Project would be required to comply with the City’s specified tree requirements through plan check as part of the City Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 62 permitting process. As a result, impacts would be less than significant. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. f) 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 New Impact. The Project site is developed and in an urban area. The Project site does not contain any natural lands that are subject to an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. Therefore, the Project would not result in impacts to biological habitat or conservation plans. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. Conclusion With regards to the issue area of biological resources, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. Mitigation Measure 5 from the GP EIR would be applied to the Project resulting in Mitigation Measures BIO-1 through BIO-4. These mitigation measures and regulations, detailed below, provide protection for biological resources and would reduce potential impacts to a less than significant level. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements MBTA Compliance: Migratory non-game native bird species are protected under the federal Migratory Bird Treaty Act (MBTA). Additionally, Sections 3503, 3503.5, and 3513 of the California Fish and Game Code prohibit the take of all birds and their active nests. Street Trees: Installation of street trees shall occur in compliance with the City of Tustin City Code Article 7, Chapter 3, Section 7308. General Plan Goals and Policies The General Plan biological resource related goals and policies that are applicable to the proposed Project include the following: Conservation, Open Space, and Recreation Element Goal 7: Conserve and protect natural plant and animal communities. GP EIR Mitigation Measures 1. The Community Development Department and Engineering Division shall support efforts for environmentally sensitive improvements to floodplain by: a) coordinating with Orange County Flood Control District, b) incorporating applicable standards and requiring revisions to development plans to satisfy City provision for floodplain management.; and c) responding to environmental studies related Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 63 to drainage courses, channels, and creeks that will have impacts on the City. (Implementation Program No. 26 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City support efforts for environmentally sensitive improvements to floodplains and is not an action for the proposed Project. The Project site is not located within or adjacent to a floodplain. 2. The Community Development Department and Engineering Division shall support the maintenance of Peter's Canyon Wash as an open natural channel through the East Tustin Golf Course, and support the County's maintenance of the Wash north of the reservoir in a natural state including the development of a design concept for the Peter's Canyon Regional Park incorporating a natural wildlife habitat. (Implementation Program No. 27 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City support efforts for maintenance of Peter's Canyon Wash and is not an action for the proposed Project. The Project site is not located within or adjacent to Peter's Canyon Wash. 3. The Community Development Department shall promote tree preservation by: • Requiring development and implementation of reforestation plans to recreate the character of the existing eucalyptus groves within the hillside areas of the East Tustin Specific Plan; • Preserving unique stands of trees on publicly owned facilities and properties; • Requiring CC&Rs or private party agreements with the City where unique stands of trees are included on commonly owned property or privately owned property to insure the preservation, health and vitality of such trees where feasible; • Requiring all plans for grading and construction activity within proximity to identified preserved stands of trees be reviewed by a qualified arborist to ensure that proposed activities and improvements will not impact the trees, and that recommendation of the arborist be incorporated into development plans; and • Establish an inventory of significant stands of trees in the City which would be marked for preservation consideration when reviewing development proposals. (Implementation Program No. 30 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City preservation of unique stands of trees and is not an action for the proposed Project. The Project site does not include and is not adjacent to unique stands of trees. 4. To maximize protection of the California Gnatcatcher and its habitat of coastal sage scrub, the City shall continue to participate and support the State of California Resources Agency Natural Community Conservation Plan for Coastal Sage Scrub. (Implementation Program No. 31 of the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to California Gnatcatcher and its habitat of coastal sage scrub. The Project site does not include and is not adjacent coastal sage scrub. 5. The City Community Development Department shall protect biological resources within the City by requiring developers to perform biological surveys prior to project approval in areas known or suspected to contain significant biological resources. The biological survey shall be prepared by a professional biologist and the following issues shall be addressed therein: a) identification, mapping, and acreage of the various plant communities and habitat types; b) delineation of wetlands; identification of sensitive plants and animal species; c) indication of whether property is enrolled in Natural Community Conservation Plan for Coastal Sage Scrub; d) potential wildlife movement corridors; and e) ecological function of on-site habitat. Biological resource surveys should be conducted at the Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 64 appropriate times of the year to ensure observation of all potentially occurring plant and animal species. (Implementation Program No. 32 of the General Plan Conservation/ Open Space/ Recreation Element). Applicable: This measure is applicable to the Project and has been completed. The Biological Resources Assessment for the Project has been completed and included as Appendix A. Project Mitigation Measures Pursuant to GP EIR Mitigation Measure 5, listed above, a Biological Resources Assessment for the Project site was prepared, and the following additional surveys would be required prior to construction: Mitigation Measure BIO-1: Preconstruction Survey for Special-Status Plants. A focused preconstruction rare plant survey shall be conducted during the appropriate blooming period the season immediately prior to Project implementation to ensure no rare plants are present on the Project site prior to the start of construction. The survey shall be conducted in accordance with the USFWS, CNPS, and CDFW protocols for surveying special-status plant populations during the overlapping blooming period of the two species (May to July), occurring in the season prior to the start of ground-disturbing activities. If special-status plant species are detected during the preconstruction survey and the location(s) is/are outside the Project impact area, then an environmentally sensitive area fence will be established around the plant at an appropriately sized buffer determined by a botanist, and no Project activities may occur inside the buffer for any reason. If special-status plant species are detected during the preconstruction survey and Project related impacts are unavoidable, then consultation with the appropriate regulatory agency (USFWS and/or CDFW) may be needed to develop a mitigation plan or additional avoidance and minimization measures. Mitigation Measure BIO-2: Burrowing Owl Preconstruction Survey. Due to the presence of limited, marginally suitable habitat on the Project Site, a preconstruction burrowing owl survey shall be conducted following the methods described in the CDFW’s Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012) no more than 14 days prior to the start of construction activities. The protocol requires that the survey be conducted between morning civil twilight and 10:00 AM and/or in the early evening two hours before sunset to one hour after sunset during favorable weather conditions (e.g., wind less than 20 miles per hour (mph), temperature less than 90°F). The burrowing owl preconstruction survey can be conducted concurrently with the nesting bird preconstruction survey discussed below. If burrowing owls or suitable burrowing owl burrows with sign (e.g., whitewash, pellets, feathers, prey remains) are identified on the Project Site during the survey and impacts are unavoidable, the Project shall develop a Burrowing Owl Management Plan that outlines additional protection measures developed in accordance with CDFW’s Staff Report on Burrowing Owl Mitigation. Coordination with CDFW may also need to occur. Protection measures included in the Burrowing Owl Management Plan may include establishment of no-disturbance buffers, additional biological monitoring during construction activities, seasonal work restrictions, or passive relocation conducted outside of the owl breeding season. Mitigation Measure BIO-3: Bat Preconstruction Survey and Tree Removal Monitoring. If tree removal or trimming cannot be conducted between September 15 and October 30, qualified biologists shall examine trees to be removed or trimmed for suitable roosting habitat prior to removal or trimming. High-quality habitat features (e.g., large tree cavities, basal hollows, loose or peeling bark, larger snags, palm trees with intact thatch) shall be identified and the area around these features searched for bats and bat sign (e.g., guano, culled insect parts, staining). Riparian woodland, orchards, and stands of broadleaf trees shall be considered potential habitat for solitary, foliage-roosting bat species. If habitat cannot be adequately surveyed or if the CDFW requires identification of bat species within the Project area, passive monitoring using full spectrum bat detectors may be needed. Survey methods should be discussed with CDFW prior to the start of surveys. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 65 • Tree removal will be avoided between April 1 and September 15 (the maternity period) to avoid impacts to pregnant females and active maternity roosts (whether colonial or solitary) • All tree removal will be conducted between September 15 and October 30, which corresponds to a time period when bats have not yet entered torpor nor would be caring for nonvolant young. • Trees will be removed in pieces rather than felling an entire tree. • If a maternity roost is located, whether solitary or colonial, that roost will remain undisturbed until September 15 or until a qualified biologist has determined that the roost is no longer active. If avoidance of nonmaternity roost trees is not possible, and tree removal or trimming must occur between October 30 and August 31, qualified biologists shall monitor tree trimming or removal. If possible, tree trimming or removal should occur in the late afternoon or evening when it is closer to the time that bats would normally arouse. Mitigation Measure BIO-4: Nesting Bird Preconstruction Survey. When feasible, it is recommended that any construction, ground-disturbing activities, vegetation management, and tree removal be conducted outside the breeding season for birds (the breeding season is approximately January 15 to August 31 for raptors and February 1 to September 30 for passerines) to avoid violations of the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code §§ 3503, 3503.5 and 3513. If activities with the potential to disrupt nesting birds, including special-status bird species, are scheduled to occur during the bird breeding season, it is recommended that a preconstruction nesting bird survey be conducted by a qualified biologist who is experienced in the identification of avian species no more than three days prior to the start of construction activities. The nesting bird survey will include the Project impact area and adjacent areas where Project activities have the potential to cause indirect impacts to nesting birds. If nesting birds, including nesting raptors, are observed during the survey, measures shall be implemented to avoid or minimize potential Project-related impacts to active nests. Measures may include but not be limited to biological monitoring during the activities, seasonal work restrictions, or establishment of a no-work buffer around active nests until nesting has been completed as determined through periodic nest monitoring conducted by the biologist. The size of the no-work buffer will be determined by the biologist, depending on the species and nest status. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 66 5.5. CULTURAL RESOURCES Would the Project: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Cause a substantial adverse change in the significance of a historical resource pursuant to in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Disturb any human remains, including those interred outside of formal cemeteries? Summary of Impacts Identified in the GP EIR The GP EIR discussed impacts to cultural resources on pages 5.13-1 through 5.13-6 and determined impacts would be less than significant with mitigation and adherence to and/or compliance with the existing regulatory framework. The City maintains a listing of structures that are considered locally significant historical resources and the Cultural Resources District was established to preserve and protect culturally significant structures. The GP EIR states that new development in the City should be closely monitored during excavation as archaeological resources may be recovered undisturbed. Individual vacant sites within Tustin may contain such resources and the sensitivity of potential resources needs to be carefully assessed prior to development. Site specific surveys should be performed prior to site alteration. Thus, the GP EIR included mitigation measures to be implemented for each development project to reduce the potential of impacts to historic and archaeological resources. Proposed Project Impacts This section is based on the following: • Archaeological Resources Inventory Report, included as Appendix B. a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No New Impact. This topic was evaluated in the GP EIR on pages 5.13-2 through 5.13-6 and was determined to have a less than significant impact with implementation of mitigation. On page 5.13-5 of the GP EIR, the EIR noted that individual development projects would require individual assessments of potential Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 67 Project-specific impacts to cultural resources and if necessary, Project-specific mitigation would be recommended to reduce potential impacts to a less than significant level. CEQA defines a historical resource as something that meets one or more of the following criteria: (1) listed in, or determined eligible for listing in, the California Register of Historical Resources; (2) listed in a local register of historical resources as defined in Public Resources Code (PRC) Section 5020.1(k); (3) identified as significant in a historical resource survey meeting the requirements of PRC Section 5024.1(g); or (4) determined to be a historical resource by a Project’s Lead Agency (PRC Section 21084.1 and CEQA Guidelines Section 15064.5[a]). The California Register defines a “historical resource” as a resource that meets one or more of the following criteria: (1) associated with events that have made a significant contribution to the broad patterns or local or regional history of the cultural heritage of California or the United States; (2) associated with the lives of persons important to local, California, or national history; (3) embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of a master or possesses high artistic values; or (4) has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation. Approximately 5.9 acres of the site are currently developed one 117,805 square foot two-story commercial building with warehouse and parking lot that was constructed in 1979/1980 and received a Certificate of Occupancy in 1981. The building is used for medical devices assembly, service, and shipping remaining. The remaining 2.4 acres of the site is undeveloped. In addition to the existing structure, utility easements and underground lines run through the Project sites. None of the onsite features are of historical age, and no existing onsite historic resources exist. In addition, the closest historical landmark to the Project site is located approximately 0.4-mile to the southeast and would not be affected by Project activities. Thus, impacts related to historic resources would not occur from implementation of the proposed Project. As such, the proposed Project would result in no new impact. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? No New Impact. This topic was evaluated in the GP EIR on pages 5.13-1 through 5.13-6 and was determined to have a less than significant impact with implementation of mitigation. As described previously, an Archaeological Resources Inventory Report (Appendix B) was prepared for the Project, which describes that the Project site was historically used for agriculture prior to development of the existing building on the site. It is also described that artificial and undocumented fill soils are located on the site extending to depths of 3 to approximately 6.5 feet below the existing site grades, which are underlain by native alluvium. The Archaeological Resources Inventory Report determined that the Project site has a moderate potential for buried pre-contact archaeological sites due to younger alluvium that lies under the artificial fill. A search of the California Historic Resources Inventory System (CHRIS) identified 5 previously recorded pre- contact and historic-era cultural resources within a one-mile radius of the Project site, none of which are located within or adjacent to the Project boundaries. Two of the resources are believed to be associated with Native American occupation of the vicinity, two are historic-era sides associated with agriculture, and one is associated with both pre-contact and historic-era activities. The Archaeological Resources Inventory Report details that the Handbook of North American Indians (Bean and Smith 1978) discusses the Gabrielino primary subsistence villages near the Project area to the south and gathering camps towards the coast. Thus, although generalized, it confirms the presence of Native American villages near the Project area. In addition to the records search, a Sacred Lands File (SLF) search was requested from the Native American Heritage Commission (NAHC). The NAHC responded stating the SLF search was negative for previously Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 68 known tribal cultural resources or sacred lands within one mile of the Project site. Because AB 52 does not apply to CEQA Streamlining, no letters were sent to the identified tribes and tribal contacts. The Archaeological Resources Inventory Report (Appendix B) determined that given the previous agricultural use of the property and depths of fill soils on the site, there is low potential for archaeological resources to be encountered. However, due to the moderate sensitivity of the alluvial soils that underly the fill soils, Mitigation Measures CUL-1 through CUL-3 are included, in the event that sensitive alluvial soils or potential archaeological or Native American cultural resources are uncovered during ground-disturbing activities. Therefore, pursuant to GP EIR Mitigation Measure 1 for archeological resources, with implementation of the site specific studies and mitigation, impacts would be less than significant. c) Disturb any human remains, including those interred outside of formal cemeteries? No New Impact. The Project site does not contain a cemetery, and no known formal cemeteries are located within the immediate vicinity of the Project site. Nevertheless, should human remains be unearthed during grading and excavation activities associated with Project development, the construction contractor would be required by California law to comply with California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. According to Section 7050.5(b) and (c), if human remains are discovered, the County Coroner must be contacted and if the Coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, the Coroner is required to contact the NAHC by telephone within 24 hours. Pursuant to California Public Resources Code Section 5097.98, whenever the NAHC receives notification of a discovery of Native American human remains from a county coroner, the NAHC is required to immediately notify those persons it believes to be most likely descended from the deceased Native American. The descendants may, with the permission of the owner of the land, or his or her authorized representative, inspect the site of discovery of the Native American human remains and may recommend to the owner or the person responsible for the excavation work means for treatment or disposition, with appropriate dignity, of the human remains and any associated grave goods. The descendants shall complete their inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site. According to Public Resources Code Section 5097.98(k), the NAHC is authorized to mediate disputes arising between landowners and known descendants relating to the treatment and disposition of Native American human burials, skeletal remains, and items associated with Native American burials. Through mandatory compliance with California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98, the Project would not result in significant impacts to human remains, and impacts would be less than significant. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. Conclusion With regard to the issue area of cultural/paleontological resources, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. The feasible and applicable mitigation measure contained within the GP EIR (1) would be applied to the Project. This mitigation measure, detailed below, provide protection for cultural and archaeological resources and reduce potential impacts to a less-than-significant level. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 69 Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements California Public Resources Code (PRC). PRC Sections 5097.9 to 5097.991 provide protection to Native American historical and cultural resources and sacred sites and identify the powers and duties of the Native American Heritage Commission (NAHC). These sections also require notification to descendants of discoveries of Native American human remains and provide for treatment and disposition of human remains and associated grave goods. California Health and Safety Code Section 7050.5. 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 California Code of Regulations (CCR) Section 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 Section 5097.98. Prior to the issuance of grading permits, the City Community Development Director, or designee, shall verify that all grading plans specify the requirements of CCR Section 15064.5(e), State Health and Safety Code Section 7050.5, and PRC Section 5097.98. General Plan Goals and Policies The General Plan cultural resource-related goals and policies that are applicable to the proposed Project include the following: Conservation, Open Space, and Recreation Element Policy 12.2: Retain and protect significant areas of archaeological, paleontological, or historical value for education and scientific purposes. Goal 13: Preserve Tustin's archaeological and paleontologic resources. Policy 13.1: Require a site inspection by certified archaeologists or paleontologists for new development in designated sensitive areas. Policy 13.2: Require mitigation measures where development will affect archaeological or paleontological resources. GP EIR Mitigation Measures 1. The City Community Development Department shall preserve archaeologic and paleontological resources within the City by: • Requiring developers to perform archaeological and paleontological surveys prior to grading in areas known or suspected to contain such resources; and • Enforcing provisions of the California Environmental Quality Act regarding preservation or salvage of significant historic, archaeological and paleontological sites discovered during construction activities. (Implementation Program No. 34 from the General Plan Conservation/ Open Space/ Recreation Element). Applicable: This measure is applicable to the Project and has been completed. The Archaeological Resources Inventory Report for the Project has been completed and included as Appendix B. 2. The City Community Development Department shall seek to preserve historic resources by. Pursuing historic survey and research opportunities as a Certified Local Government with assistance of the State Office of Historic Preservation. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 70 • Pursuing historic designation opportunities for new or existing historic and cultural resources utilizing the guidelines established by the National Register, Office of Historic Preservation and the Tustin City Code; and • Continuing to enforce zoning ordinance provisions for the Cultural Resources District and ensuring that design and development standards are enforced. (Implementation Program No. 37 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is not applicable to the Project as no historic resources exist on the Project site, and the site is not located within the Cultural Resources District. Project Mitigation Measures Pursuant to GP EIR Mitigation Measure 1, listed above, an Archaeological Resources Inventory Report for the Project site was prepared, and the following measure would be required for Project construction: Mitigation Measure CUL-1: Pre-Construction Review of Final Grading and Construction Plans. Project plans, specifications, and grading and construction permits shall state that prior to the commencement of any Project-related activities and prior to any pre-construction meeting, a qualified archaeologist shall review the final grading/construction plans to determine if any ground-disturbing activities will extend beyond the documented fill soil. If the qualified archaeologist determines that there will be an impact to the alluvial soils underlying the fill soils, that the qualified archaeologist shall develop an archaeological resources monitoring plan which would be implemented by an archaeological monitor under the supervision of a qualified archaeologist so long as the qualified archaeologist determines that ground disturbing activities are continuing to impact the underlying alluvium. Mitigation Measure CUL-2: Contractor Awareness Training. Project plans, specifications, and grading and construction permits shall state that a Contractor Awareness Training Program shall be conducted to train equipment operators about cultural resources. The program shall be designed to inform construction personnel about: federal and state regulations pertaining to cultural resources and tribal cultural resources; the subsurface indicators of resources that shall require a work stoppage; procedures for notifying the lead agency of any occurrences; project-specific requirements and best practices; and enforcement of penalties and repercussions for non-compliance with the program. The training shall be conducted by a qualified professional archaeologist and may be provided either through a brochure, video, or in-person tailgate meeting, as determined appropriate by the archaeologist. The training shall be provided to all construction supervisors, forepersons, and operators of ground- disturbing equipment. All personnel shall be required to sign a training roster. The Construction Manager is responsible for ensuring that all required personnel receive the training. The Construction Manager shall provide a copy of the signed training roster to the lead agency as proof of compliance. Mitigation Measure CUL-3: Unanticipated Discoveries. Project plans, specifications, and grading and construction permits shall state that if subsurface deposits believed to be cultural or human in origin are discovered during construction, all work must halt within a 100-foot radius of the discovery. A qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric and historic archaeology, shall be retained to evaluate the significance of the find, and shall have the authority to modify the no-work radius as appropriate, using professional judgment. The following notifications shall apply, depending on the nature of the find: • If the professional archaeologist determines that the find does not represent a cultural resource, work may resume immediately and no agency notifications are required. • If the professional archaeologist determines that the find does represent a cultural resource from any time period or cultural affiliation, the archaeologist shall immediately notify the lead agencies. The agencies shall consult on a finding of eligibility and implement appropriate treatment measures, if the find is determined to be a Historical Resource under CEQA, as defined by CEQA or a historic property under Section 106 NHPA, if applicable. Work may not resume within the no-work radius until the lead Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 71 agencies, through consultation as appropriate, determine that the site either: 1) is not a Historical Resource under CEQA or a Historic Property under Section 106; or 2) that the treatment measures have been completed. • If the find includes human remains, or remains that are potentially human, they shall ensure reasonable protection measures are taken to protect the discovery from disturbance (Assembly Bill [AB] 2641). The archaeologist shall notify the Orange County Coroner (per § 7050.5 of the Health and Safety Code). The provisions of § 7050.5 of the California Health and Safety Code, § 5097.98 of the California PRC, and AB 2641 will be implemented. If the coroner determines the remains are Native American and not the result of a crime scene, the coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MLD) for the Project (§ 5097.98 of the PRC). The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (§ 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (§ 5097.98 of the PRC). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641). Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 72 5.6. ENERGY Would the Project: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation? b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Summary of Impacts Identified in the GP EIR The GP EIR discussed impacts related to energy in Table 2-1 and on pages 5.2-11 through 5.2-13. The GP EIR found that Implementation of the General Plan will cause increases in the demand for electricity and natural gas. Electrical use will increase approximately nine percent in the incorporated City of Tustin and 30 percent in the unincorporated County area. Natural gas use will increase 35 percent in the incorporated area and six percent in the unincorporated County area. The EIR determined that impacts would be less than significant with mitigation. Proposed Project Impacts a) Result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation? No New Impact. Construction During construction of the proposed Project energy would be consumed in three general forms: 1. Petroleum-based fuels used to power off-road construction vehicles and equipment on the construction sites, construction worker travel to and from the construction sites, as well as delivery truck trips; 2. Electricity associated with providing temporary power for lighting and electric equipment; and 3. Energy used in the production of construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass. Construction activities would be permitted to require compliance with existing fuel standards, machinery efficiency standards, and CARB requirements that limit idling of trucks, such as CARB Rule 2485 regulations that limit idling to 5 minutes (13 CCR, Chapter 10 Section 2485). Through compliance with existing standards the Project would not result in demand for fuel greater on a per-development basis than other development projects in Southern California. The existing regulations are more stringent, and thus, reduce the potential Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 73 for wasteful, inefficient, or unnecessary consumption of energy resources over the regulations that were in effect when the GP EIR was certified. Thus, construction activities of the proposed Project would not result in an increase of wasteful, inefficient, or unnecessary consumption of energy resources. There are no unusual use characteristics of the proposed Project that would cause the use of construction equipment to be less energy efficient compared with other similar construction sites in other parts of the state. The Project would implement energy efficient measures during construction pursuant to CARB and SCAQMD Rules (previously listed in Section 5.3, Air Quality) that would be verified through the City’s permitting process, which ensures that construction-related energy usage is not inefficient, wasteful, or unnecessary. Impacts would be less than significant. No new or increased impacts related to construction energy would occur from implementation of the proposed Project. Operation Once operational, the proposed Project would generate demand for electricity and gasoline for motor vehicle trips. Operational use of energy includes the heating, cooling, and lighting of the building, water heating, operation of electrical systems and plug-in appliances, outdoor lighting, and the transport of electricity and water to the areas where they would be consumed. This use of energy is typical for urban development, and no operational activities related to the proposed Project would occur that would result in extraordinary energy consumption. Implementation of CalGreen requirements include measures that include energy efficient lighting, appliances, drought tolerant landscaping, low-flow plumbing fixtures, and solar energy. Also, CCR Title 13, Motor Vehicles, section 2449(d)(3) for idling, limits idling times of vehicles to no more than 5 minutes, which would preclude unnecessary and wasteful consumption of fuel due to unproductive idling of trucks. City review and permitting process would ensure the applicable measures are implemented for the proposed Project. Because the uses of energy for the proposed Project are typical for urban development, no operational activities would occur that would result in extraordinary energy consumption. Through City permitting, assurance would be provided that existing regulations related to energy efficiency and consumption, such as Title 24 regulations and CCR Title 13, Motor Vehicles, section 2449(d)(3) for idling, would be implemented. Therefore, impacts related to wasteful and inefficient operational energy consumption would be less than significant. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? No New Impact. The proposed Project would not result in any conflicts with plans for energy efficiency. The Project would be required to meet the CalGreen energy efficiency standards in effect during permitting, pursuant to the Tustin City Code Section 8100. The City’s administration of the CalGreen and Title 24 requirements includes review of design components and energy conservation measures that occurs during the permitting process, which ensures that all requirements are met. In addition, the proposed Project would not conflict with or obstruct opportunities to use renewable energy, such as solar energy. The Project would have solar infrastructure as required by Title 24 requirements. As detailed in Section 5.8, Greenhouse Gase Emissions, the proposed Project is consistent with Low Carbon Fuel Standards (AB 1493) and other similar regulations that apply to all new passenger vehicles and is consistent with CARB’s 2022 Scoping Plan (as detailed in Table GHG-1) that provides for renewable energy and efficient energy usage. Thus, the proposed Project would not obstruct the use of renewable energy or energy efficiency. The proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. No new or substantially greater impacts would occur with implementation of the proposed Project. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 74 Conclusion With regards to the issue area of energy, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. According to the GP EIR, compliance with all applicable building codes and standard conservation features, would ensure that energy resources are efficiently used to the maximum extent possible. Therefore, impacts would be less than significant. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements CALGreen Compliance: The Project is required to comply with the CALGreen Building Standards Code pursuant to Tustin City Code Section 8100 to ensure efficient use of energy. CALGreen specifications are required to be incorporated into building plans as a condition of building permit approval. General Plan Goals and Policies Conservation, Open Space, and Recreation Element Policy 4.1: Promote energy conservation in all sectors of the City including residential, commercial, and industrial. Goal 11: Conserve energy resources through use of available energy technology and conservation practices. Policy 11.1: Encourage the use of new technologies and innovative building design, site design and orientation techniques which minimize energy use by taking advantage of sun/shade patterns, prevailing winds, landscaping, and building materials. GP EIR Mitigation Measures 1. The City Community Development Department shall monitor legislation to establish, update, and implement energy performance building code requirements established under State Title 24 Energy Regulations. Consider adopting an ordinance requiring increased thermal integrity, increased efficiency of building systems and major appliances, and reduced thermal loads and solar gain; and through development review, require project design to accommodate local climatology and solar orientations ( implements Measures CM# 90 E -D -1A, 1B, E -C -1A, 2B, and E -C-2 of the AQMP). (Implementation Program No. 17 from the General Plan Conservation/Open Space/Recreation Element). Not Applicable: This measure is related to City development of ordinances related to energy usage and is not an action for the proposed Project. 2. The City Community Development Department and Building Division shall encourage energy efficient building and site design during review of new development projects and support innovative building and site design for all new public buildings. (Implementation Program No. 16 from the General Plan Conservation/ Open Space/ Recreation Element). Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 75 Applicable: As previously listed in 5.3, Air Quality, the proposed Project would be compliant with all Title 24 and CalGreen energy regulations that would be verified by the City during the development review and permitting process. 3. All City departments shall ensure that energy saving devices are installed on new public buildings and when retrofitting existing public buildings. (Implementation Program No. 19 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to public buildings and is not an action for the proposed Project. 4. The City Community Development Department and Building Division shall provide information brochures at the Building Division counter regarding orientation techniques that minimize electric and fuel burning energy use, and maximize the use of passive solar energy. (Implementation Program No. 20 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City provision of informational brochures and is not an action for the proposed Project. 5. Budget for and encourage City staff to attend education programs offered by the Energy Commission. Explore new technology and revenue generation from new sources of technology. (Implementation Program No. 21 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City employees to attend educational programs offered by the Energy Commission and is not an action for the proposed Project. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 76 5.7. GEOLOGY AND SOILS Would the Project: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42? ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 77 Summary of Impacts Identified in the GP EIR Geology and Soils The GP EIR discussed impacts related to geology and soils in Table 2-1 and on page 5.1-3 and determined that Hazardous geologic conditions exist in relation to the inherent weakness in several underlying geologic formations and the Newport Inglewood Fault and other regional faults. Buildout according to the General Plan will expose more people to the effects of ground shaking from regionally or locally generated earthquakes and to landslide hazards, and mitigation was included to reduce impacts to a less than significant level. Paleontological Resources The distribution of paleontological resources within the City of Tustin is directly dependent upon the distribution of geologic formations in which the fossils have been preserved. Geologic formations in a given area typically possess a known potential for fossils based on past fossil productivity and their depositional environments. The City contains geologic strata ranging in age from Eocene to Quaternary. Included within these rock types are a number of formations known to be fossiliferous. Thus, the GP EIR included mitigation measures to be implemented for each development project to reduce the potential of impacts to paleontological resources to be less than significant. Proposed Project Impacts This section was prepared using the following reports: • Geotechnical Investigation, prepared 2024, and included as Appendix C. a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? No New Impact. This topic was evaluated in the GP EIR on pages 5.7-3 through 5.7-13 and was determined to have a less than significant impact with compliance of regulatory requirements and mitigation. As stated in the GP EIR, there are a number of potentially active and active fault systems located within the region that may impact the City. The Geotechnical Investigation identified that the Project site is not located within a designated Alquist-Priolo Earthquake Fault Zone and there is no evidence of faulting on or adjacent to the site (Appendix C). Since no known faults exist within the Project site, the probability of ground surface rupture occurring at the site is considered low (Appendix C). Therefore, the Project would result in no new impacts related to rupture of a known fault. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. ii. Strong seismic ground shaking? No New Impact. This topic was evaluated in the GP EIR on pages 5.7-3 through 5.7-13 and was determined to have a less than significant impact with compliance of regulatory requirements and mitigation. The Project site is located in a seismically active region, as is all of southern California. The Project site could be subject to seismically related strong ground shaking. The amount of motion expected at a building site can vary from none to forceful depending upon the distance to the fault, the magnitude of the earthquake, and the local geology. Greater movement can be expected at Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 78 sites located closer to an earthquake epicenter, that consist of poorly consolidated material such as alluvium located near the source, and in response to an earthquake of great magnitude. Due to the site’s close proximity to faults, the Project site is expected to be subject to strong seismic ground shaking during the life of the Project. However, the proposed Project would be designed in accordance with Chapter 16 of the California Building Code (CBC)(RR GEO-1). The CBC includes provisions for earthquake resistant design that include considerations for geologic hazard and on- site soil conditions. The City of Tustin has adopted the CBC in Article 8, Building Regulations, in the Tustin City Code and the Project would be required to adhere to the provisions of the CBC, as part of the plan check and development review process. Compliance with the requirements of the CBC and goals and policies in the GP would reduce hazards from strong seismic ground shaking to a less than significant level. Therefore, the Project would result in no new impacts on people or structures due to strong seismic ground shaking. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. iii. Seismic-related ground failure, including liquefaction? No New Impact. This topic was evaluated in the GP EIR on pages 5.7-3 through 5.7-13 and was determined to have a less than significant impact with mitigation. The Geotechnical Investigation (Appendix C) identified that groundwater was measured at 18 to 23± feet below existing site grades and the historic high groundwater depth of 17± feet below the ground surface. A liquefaction analysis was conducted, which determined that differential settlements of up to 0.5 inch are expected to occur during a liquefaction-inducing seismic event. The estimated differential settlement could be assumed to occur across a distance of 50± feet, indicating a maximum angular distortion of about 0.001 inch per inch. The Geotechnical Investigation (Appendix C) determined that it is the proposed structures that can be supported on shallow foundations systems that are designed to resist the effects of the anticipated differential settlements. Additionally, as described previously, the proposed Project would be required to be constructed in compliance with the CBC, which would be verified through the City’s plan check and permitting process. Likewise, remedial grading would remove the undocumented fill soils and a portion of the near-surface native alluvium from within the building foundation influence zones and replace these materials as compacted structural fill pursuant to CBC requirements, which would reduce effects related to settlement to a less than significant level. Thus, potential impacts related to seismic related failure including liquefaction and settlement would be less than significant. Therefore, the Project would result in no new impacts on people or structures due to ground failure or liquefaction. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. iv. Landslides? No New Impact. This topic was evaluated in the GP EIR on pages 5.7-3 through 5.7-13 and was determined to have a less than significant impact with compliance of regulatory requirements and mitigation. The Geotechnical Investigation (Appendix C) describes that the Project site is flat and is not located near substantial slopes or hillsides. The topography of the site gently slopes downward to the southeast at a gradient of less than 1± percent, with approximately 3± feet of elevation differential throughout both parcels. The Project site is not within an area identified as being a high susceptibility to landslides. Therefore, the Project would not expose people or structures to slope instability or seismically induced landslides, and the Project would result in no new impacts related to landslides. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 79 As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. b) Result in soil erosion or the loss of topsoil? No New Impact. This topic was evaluated in the GP EIR on pages 5.3-2 through 5.5-4 and was determined to have a less than significant impact with compliance of regulatory requirements and mitigation measures. As stated in the GP EIR, during construction activities, soil would be exposed and there would be an increase in potential for soil erosion compared to existing conditions. To reduce the potential for soil erosion and the loss of topsoil, a Stormwater Pollution Prevention Plan (SWPPP) is required by the City and RWQCB regulations to be developed by a QSD (Qualified SWPPP Developer). The SWPPP is required to address site-specific conditions related to specific grading and construction activities that could cause erosion and the loss of topsoil and to provide erosion control BMPs to reduce or eliminate the erosion and loss of topsoil. Erosion control BMPs include use of silt fencing, fiber rolls, or gravel bags, stabilized construction entrance/exit, hydroseeding, etc. Therefore, with the implementation of a SWPPP, the Project would not result in less than significant impacts to soil erosion or the loss of topsoil. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? No New Impact. This topic was evaluated in the GP EIR on pages 5.7-3 through 5.7-13 and was determined to have a less than significant impact with compliance of regulatory requirements and mitigation. As described above, the Project site is flat and does not contain, nor is adjacent to any significant slope of hillside area. The Project would not create slopes. Thus, on or off-site landslides would not occur from implementation of the Project. Lateral spreading is a type of liquefaction induced ground failure associated with the lateral displacement of surficial blocks of sediment resulting from liquefaction in a subsurface layer. Once liquefaction transforms the subsurface layer into a fluid mass, gravity plus the earthquake inertial forces may cause the mass to move downslope towards a free face (such as a river channel or an embankment). Lateral spreading may cause large horizontal displacements and such movement typically damages pipelines, utilities, bridges, and structures. The Project site is underlain with artificial fill and alluvium which consists of stiff to hard silty clays, medium dense to dense fine to coarse sands, stiff to very stiff fine sandy clays, dense gravelly fine to coarse sands, very dense fine to medium sands, and medium dense silty fine sands which do not possess characteristics conducive to lateral spreading. The Geotechnical Investigation conducted a liquefaction analysis and determined that differential settlements of up to 0.5 inch are expected to occur during a liquefaction-inducing seismic event. The estimated differential settlement could be assumed to occur across a distance of 50± feet, indicating a maximum angular distortion of about 0.001 inch per inch. The Geotechnical Investigation (Appendix C) determined that the proposed structures that can be supported on shallow foundation systems designed to accommodate the anticipated differential settlement. Additionally, as described previously, the proposed Project would be required to be constructed in compliance with the CBC, which would be verified through the City’s plan check and permitting process. Likewise, remedial grading would remove the undocumented fill soils and a portion of the near-surface native alluvium from within the building foundation influence zones and replace these materials as compacted structural fill pursuant to CBC requirements, which would reduce effects related to settlement to a less than significant level. Subsidence is a general lowering of the ground surface over a large area that is generally attributed to lowering of the ground water levels within a groundwater basin. Localized or focal subsidence or settlement Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 80 of the ground can occur as a result of earthquake motion in an area where groundwater in a basin is lowered. As described previously, groundwater was measured at 18 to 23± feet below existing site grades (Appendix C). In addition, the Project would not involve groundwater pumping from the Project area. Thus, impacts related to subsidence would not occur from implementation of the Project. Therefore, potential impacts related to lateral spreading, subsidence, liquefaction, and collapse would be less than significant. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. d) Be located on expansive soil, as defined in in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? No New Impact. This topic was evaluated in the GP EIR on pages 5.7-3 through 5.7-13 and was determined to have a less than significant impact with compliance of regulatory requirements, and goals and policies of the GP. Expansive soils contain clay particles that swell when wet and shrink when dry. Foundations constructed on expansive soils are subjected to forces caused by the swelling and shrinkage of the soils and could result in heaving and cracking of buildings and foundations. The Geotechnical Investigation found that near-surface site soils consist of medium to high expansive silty clays, clayey silts, and sandy clays (Appendix C). However, remedial grading would remove the undocumented fill soils and a portion of the near-surface native alluvium from within the building foundation influence zones and replace these materials as compacted structural fill pursuant to CBC requirements, which would reduce effects related to expansive soil. Additionally, the Project would require compliance with the CBC requirements, as implemented by the Tustin City Code and through the plan check and permitting process. Thus, impacts related to expansive soils would be less than significant and no new impacts would occur from the Project. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No New Impact. Because no septic tanks or alternative wastewater disposal systems are proposed as part of the Project, impacts related to these facilities would not occur. Further, the Project would install new on- site sewer lines that would connect to the existing infrastructure that is adjacent to the site. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No New Impact. This topic was evaluated in the GP EIR on page 5.13-5 and was determined to have a less than significant impact with compliance of regulatory requirements and mitigation. The GP EIR describes that significant paleontological resources have the potential to exist in the northern part of the as shown in GP Figure 5-21, which are north of the Project site. Thus, the Project site is not identified as being within a paleontologically sensitive area. It is also described by the Geotechnical Investigation (Appendix C) that artificial and undocumented fill soils are located on the site extending to depths of 3 to approximately 6.5 feet below the existing site grades, which are underlain by native alluvium. In addition, the Archaeological Resources Inventory Report (Appendix B) determined that the Project site has younger alluvium that lies under the artificial fill. Thus, due to the existence of younger alluvium, artificial fill, and site history of disturbance, potential impacts related to paleontological resources would be less than significant. Further, as required by the GP EIR mitigation measures, paleontological sites discovered during construction activities would be protected as required by existing regulations. Therefore, the Project is consistent with the findings contained in the GP EIR impacts and Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 81 would result in no new impacts that would directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Conclusion With regards to the issue area of geology and soils, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. Mitigation measures contained within the GP EIR would be required for geology and soils, seismic hazards and paleontological resources to reduce potential impacts to a less than significant level. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements California Building Code. The Project will be designed and constructed in accordance with Tustin City Code Article 8, Building Regulations, which adopts the California Building Code (CBC). New construction, alteration, or rehabilitation shall comply with applicable ordinances set forth by the City and/or by the most recent City building and seismic codes in effect at the time of Project design. Pollutant Discharge Elimination System (NPDES). The Project will be constructed in accordance with the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with the Construction and Land Disturbance Activities, Order WQ 2002-0057-DWQ(as amended by 2010-0014-DWQ and 2012-0006-DWQ), NPDES No. CAS000002 (or the latest approved Construction General Permit). Compliance requires filing a Notice of Intent (NOI); a Risk Assessment; a Site Map; a Storm Water Pollution Prevention Plan (SWPPP) and associated Best Management Practices (BMPs); an annual fee; and a signed certification statement. General Plan Goals and Policies The General Plan geology and soils related goals and policies that are applicable to the proposed Project include the following: Conservation, Open Space, and Recreation Element Policy 8.5: Review applications for building and grading permits, and applications for subdivision for adjacency to, threats from, and impacts on geological hazards arising from seismic events, landslides, or other geologic hazards such as expansive soils and subsidence areas. Policy 12.2: Retain and protect significant areas of archaeological, paleontological, or historical value for education and scientific purposes. Goal 13: Preserve Tustin's archaeological and paleontologic resources. Policy 13.1: Require a site inspection by certified archaeologists or paleontologists for new development in designated sensitive areas. Policy 13.2: Require mitigation measures where development will affect archaeological or paleontological resources. Public Safety Element Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 82 Goal 3: Reduce the risk to the community from geologic and seismic hazards. Policy 3.1: Require review of soil and geologic conditions by a State- Licensed Engineering Geologist to determine stability prior to the approval of development where appropriate. Policy 3.5: Ensure that structures for human occupancy, critical structures, and vital emergency facilities are designed to minimize damage from potential geologic/seismic hazards and avoid functional impairment. GP EIR Mitigation Measures Geotechnical and Soils 1. Through the City's development review and subdivision review processes, the City Community Development and Public Works Department shall identify soil related safety problems associated with proposed development, determine the potential for hazard, determine the amount of development supportable on the site, and require appropriate mitigation of new development impacts. Implementation Program No. 22 from the General Plan Conservation/ Open Space/ Recreation Element). Applicable: This measure is applicable to the Project, and a Geotechnical Investigation for the Project has been completed and included as Appendix C. 2. The City Community Development Department and Engineering Division shall ensure that the City Grading and Excavation Code and Grading Manual requires: • Landscaping plans to be prepared and revegetation to occur as early as feasible as part of grading activity; • Review of development plans for sensitive siting and grading treatments, particularly within designated hillside areas; and • Preparation of erosion control plans with grading which identify location of interim drainage facilities, diverters and siltation areas. (Implementation Program No. 23 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City preparation of the Grading and Excavation Code and Grading Manual and is not an action for the proposed Project. However, the Project would be compliant with the City Grading and Excavation Code and Grading Manual, as verified through the City development review and permitting process. 3. The City Community Development Department shall protect soils and topography within the City by: a) reviewing and incorporating provisions of detailed soils reports for development into approved plans as provided for in the City Grading and Excavation Code; b) incorporating standards and guidelines of the East Tustin Specific Plan and Grading Manual through the Design Review process into development proposals, particularly designated hillside districts; and c) encouraging cluster development standards and siting guidelines contained in the East Tustin Specific Plan for citywide development concentrating higher intensity development on less sensitive portions of the site and retain greater open space and minimize grading impacts. (Implementation Program No. 33 from the General Plan Conservation/ Open Space/ Recreation Element). Applicable: This measure is applicable to the Project, and detailed soils reports for the Project pursuant to the City’s Grading and Excavation Code has been completed as part of the Geotechnical Investigation and included as Appendix C. 4. The City Public Works Department shall disseminate information to the public detailing emergency preparedness for and emergency procedures in the event of different emergency situations, including flood, seismic, hazardous materials, etc. (Implementation Program No. 11 from the General Plan Public Safety Element). Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 83 Not Applicable: This measure is related to City dissemination of information to the public detailing emergency preparedness and is not an action for the proposed Project. 5. The City Community Development Department shall require the retrofitting and abatement of unreinforced masonry structures, inventory tilt-up concrete buildings, and require geologic investigations and structural design to make structures as shock resistant and structurally sound as possible or feasible. (Implementation Program No. 4 from the General Plan Public Safety Element). Not Applicable: The Project does not involve any unreinforced masonry structures. 6. The City Community Development Department shall adopt current Uniform Building, Administrative, Housing, Mechanical, Plumbing and National Electrical Codes, and recommend amendments to standards and uniform codes for special application in Tustin reflecting special topographic, geologic and climatic conditions. (Implementation Program No. 5 from the General Plan Public Safety Element). Not Applicable: This measure is related to City adoption of building codes and is not an action for the proposed Project. However, the Project would be compliant with all City building codes and other regulations, as verified through the City development review and permitting process. 7. All City Departments shall promote public agency responsiveness to emergency situations through: • Periodic review and update of emergency plans and coordination with other jurisdictions in implementing those plans; • Coordination with other jurisdictions in the collection, processing, and dissemination of technical information; • Regular practice of the City's Emergency Operations Plan by city personnel in a simulated setting; • City employee training sessions in emergency response and management skills; • Preparation of a recovery plan for reconstruction of essential services and facilities in the event of an emergency, • Development of needed resources and identification of available sources of funding for emergency response; • Maintenance of an emergency operation center in the Civic Center, and • Establishment and implementation of procedures for prioritizing services and assistance provided and requested by mutual aid organizations. (Implementation Program No. 10 from the General Plan Public Safety Element). Not Applicable: This measure is related to City promotion of public agency responsiveness to emergency situations and is not an action for the proposed Project. Paleontology 1. The City Community Development Department shall preserve archaeologic and paleontological resources within the City by: • Requiring developers to perform archaeological and paleontological surveys prior to grading in areas known or suspected to contain such resources; and • Enforcing provisions of the California Environmental Quality Act regarding preservation or salvage of significant historic, archaeological and paleontological sites discovered during construction activities. (Implementation Program No. 34 from the General Plan Conservation/ Open Space/ Recreation Element). Applicable: This measure is applicable to the Project and has been completed. The Archaeological Resources Inventory Report for the Project has been completed and included as Appendix B. Also, regulations regarding Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 84 preservation or salvage of significant historic, archaeological, and paleontological sites discovered during construction are applicable to the Project. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 85 5.8.GREENHOUSE GAS EMISSIONS Summary of Impacts Identified in the GP EIR The GP EIR concluded on pages 5.2-4 through 5.2-9 that the GP buildout would produce significant emissions from mobile sources (vehicle trips), combustion of natural gas for heating, cooking, and power generation for new development, and stationary sources (power plant emissions from the generation of additional electricity for new development). Short-term air quality impacts will result from construction activity. Although greenhouse gas (GHG) emissions was not specifically addressed in the GP EIR, GHG emissions and the issue of global climate change do not represent new information of substantial importance that was not known and could not have been known at the time that the GP EIR was certified. Information on the effect of GHG emissions on climate was known long before City certified the GP EIR. Global climate change and GHG emissions were identified as environmental issues as early as 1978 when the U.S. Congress enacted the National Climate Program Act (Pub L 95-367, 92 Stat 601). In 1979, the National Research Council published “Carbon Dioxide and Climate: A Scientific Assessment,” which concluded that climate change was an accelerating phenomenon partly due to human activity. Global climate change also was addressed in a widely-published series of reports by the Intergovernmental Panel on Climate Change (IPPC) dating back to the 1990s, including IPPC’s “2001 Third Assessment Report.” California adopted legislation in 2002 requiring the California Air Resources Board (CARB) to develop regulations limiting GHG emissions from automobiles. As such, information about global climate change and its relationship to GHG emissions was available with the exercise of reasonable diligence. As detailed above, the GP EIR analyzed air quality impacts associated with buildout of the GP land uses, inclusive of criteria air pollutants that also are GHGs. The GP EIR also addressed vehicle emissions (both construction and operational) and operational emissions from energy consumption, which are the most common sources of GHG emissions. Thus, pursuant to CEQA case law and CEQA Guidelines Section 15162(a)(3), the issue of project-related GHG emissions does not provide new information of substantial importance or substantial evidence of a new impact to the environment that was not or could not have been known at the time the GP EIR was certified. Would the Project: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 86 Proposed Project Impacts a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? No New Impact. Construction and operational emissions from the GP land uses were evaluated in the GP EIR on pages 5.2-4 through 5.2-9 and determined impacts would be significant after compliance with Federal and State regulations and mitigation measures. Consistent with buildout of the site under the General Plan, construction activities associated with the proposed Project would occur over approximately 12 months and would generate GHG emissions. However, the majority of emissions would be generated by Project operations. The primary source of operational GHG emissions is from vehicle trips. As presented in Table T-1, in Section 5.17, Transportation, the proposed Project would result in a reduction of 210 daily PCE trips in comparison to the existing uses on the site. The reduction in trips would reduce operational GHG emissions. With a reduction in emissions, no new or increased impacts would occur from implementation of the proposed Project. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No New Impact. The proposed Project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. As detailed in Section 5.17, Transportation, the proposed Project would result in a reduction of 210 PCE daily trips compared to the existing development on the site, which would result in fewer GHG emissions. The Project would also meet the following regulations related to reduction of GHG emissions: • Pavley emissions standard and Low Carbon Fuel Standard: Pavley emissions standards (AB 1493) apply to all new passenger vehicles starting with model year 2009, and the Low Carbon Fuel Standard became effective in 2010 and regulates the transportation fuel used. The second phase of implementation of the Pavley regulations per AB 1493 is referred to as the Advanced Clean Car program, which combines the control of smog-causing pollutants and GHG emissions into a single coordinated package of requirements for model years 2017 through 2025. The regulation reduced GHGs from new cars by 34 percent from 2016 levels by 2025. The proposed Project is consistent with these requirements as they apply to all new passenger vehicles and vehicle fuel purchased in California. • Medium/Heavy-Duty Vehicle Regulations: Medium/heavy-duty vehicle regulations are implemented by the State to reduce emissions from trucks. These regulations would aid in reducing GHG emissions from the Project. The proposed Project is consistent with this measure and its implementation as medium and heavy-duty vehicles associated with construction and operation of the Project would be required to comply with the requirements of this regulation. • Tractor-Trailer Greenhouse Gas Regulation: Tractor-trailers subject to this State regulation are primarily 53‐foot or longer box‐type trailers, are required to be either use EPA SmartWay certified tractors and trailers or retrofit their existing fleet with SmartWay verified technologies. The Project would be consistent with this regulation, as it applies to specific trucks that are used throughout the State. • Renewable Portfolio Standard: As the Project is within the area serviced by Southern California Edison (SCE), the Project would purchase from an increasing supply of renewable energy sources and more efficient baseload generations, reduce GHG emissions, and be consistent with this requirement. • Million Solar Roofs Program: The Project would be consistent with this scoping plan measure as the proposed structure would provide solar roof systems, as applicable to each structure per the CalGreen building standards. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 87 • Water Efficiency and Waste Diversion: Development and operation of the proposed Project would be implemented consistent with water conservation requirements (as included in Title 24) and solid waste recycling and landfill diversion requirements of the State. • The Project would be implemented pursuant to the CALGreen Building/Title 24 requirements, as adopted by reference in the Tustin City Code 8, Article 1. Title 24 measures include insulation; use of energy-efficient heating, ventilation, and air conditioning equipment; solar-reflective roofing materials; energy-efficient indoor and outdoor lighting systems; reclamation of heat rejection from refrigeration equipment to generate hot water; and incorporation of skylights, and solar infrastructure. In complying with the Title 24 standards, the Project would implement regulations that reduce GHG emissions. In addition, the Project area is served by bus transit services and the Project would include sidewalks and bicycle parking, which would encourage non-motorized travel that reduces GHG emissions. CARB 2022 Scoping Plan Table GHG-1 shows the Project's consistency with applicable actions aimed at reducing GHG emissions in the 2022 Scoping Plan. As shown, the Project would not impede the State’s progress towards carbon neutrality by 2045 under the 2022 Scoping Plan. The Project would be required to comply with applicable regulatory requirements promulgated through the 2022 Scoping Plan. As such, the Project would be consistent with the 2022 Scoping Plan. Table GHG-1: 2022 CARB Scoping Plan Consistency Summary Action Consistency GHG Emissions Reductions Relative to the SB 32 Target 40% below 1990 levels by 2030. Consistent. The Project would not result in a reduction in trips and the Project would comply with the Title 24 Part 6 (Energy Code) and Part 11 (CALGreen) requirements, along with other local and State initiatives that aim to achieve the 40% below 1990 levels by 2030 goal. Smart Growth/Vehicle Miles Traveled VMT VMT per capita is reduced 25% below 2019 levels by 2030, and 30% below 2019 levels by 2045. Consistent. The proposed Project would result in a reduction of 210 PCE trips per day as detailed in Table T-1. The Project also includes the installation of sidewalks along the Project’s frontage to improve walkability and encourage walking and the use of the bus as alternative modes of transportation. The Project is consistent with the growth and land use assumptions in the Southern California Association of Governments’ 2022 Connect SoCal Regional Transportation Plan/Sustainable Communities Strategy, so the Project would not interfere with the analysis completed for the Connect SoCal report outlining VMT reduction targets and measures. Light-Duty Vehicle (LDV) Zero-Emission Vehicles (ZEVs) 100% of LDV sales are ZEV by 2035. Consistent. The proposed Project does not involve sales of LDV. The Project would comply with Title 24, Part 6 by providing electrical wiring in garages to allow for the future installation of solar and would install electric vehicle chargers. Truck ZEVs 100% of medium-duty (MDV)/HDC sales are ZEV by 2040 (AB 74 University of California Institute of Transportation Studies [ITS] report). Not Applicable. The proposed Project does not propose the sale of trucks. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 88 Action Consistency Aviation 20% of aviation fuel demand is met by electricity (batteries) or hydrogen (fuel cells) in 2045. Sustainable aviation fuel meets most or the rest of the aviation fuel demand that has not already transitioned to hydrogen or batteries. Not Applicable. The proposed Project would not utilize aviation fuel. Ocean-Going Vessels (OGV) 2020 OGV At-Berth regulation fully implemented, with most OGVs utilizing shore power by 2027. 25% of OGVs utilize hydrogen fuel cell electric technology by 2045. Not Applicable. The proposed Project would not utilize any OGVs. Port Operations 100% of cargo handling equipment is zero-emission by 2037. 100% of drayage trucks are zero emission by 2035. Not Applicable. The proposed Project would not be associated with operations at any ports. Freight and Passenger Rail 100% of passenger and other locomotive sales are ZEV by 2030. 100% of line haul locomotive sales are ZEV by 2035. Line haul and passenger rail rely primarily on hydrogen fuel cell technology, and others primarily utilize electricity. Not Applicable. The proposed Project would not involve any freight or passenger rail operations. Oil and Gas Extraction Reduce oil and gas extraction operations in line with petroleum demand by 2045. Not Applicable. The proposed Project would not involve oil and gas extraction operations. Petroleum Refining Carbon Capture and Sequestration (CCS) on majority of operations by 2030, beginning in 2028. Production reduced in line with petroleum demand. Not Applicable. The proposed Project would not involve any petroleum refining. Electricity Generation Sector GHG target of 38 million metric tons of carbon dioxide equivalent (MMTCO2e) in 2030 and 30 MMTCO2e in 2035. Retail sales load coverage of 13420 gigawatts (GW) of offshore wind by 2045. Meet increased demand for electrification without new fossil gas- fired resources. Consistent. The proposed Project would install solar energy systems in compliance with Title 24 requirements to meet the demand for electrification without relying on new fossil gas-fired resources. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 89 Action Consistency New Residential and Commercial Buildings All electric appliances beginning 2026 (residential) and 2029 (commercial), contributing to 6 million heat pumps installed statewide by 2030. Not Applicable. The proposed Project would operate industrial warehouses and does not involve new residential or commercial buildings. Existing Residential Buildings 80% of appliance sales are electric by 2030 and 100% of appliance sales are electric by 2035. Appliances are replaced at end of life such that by 2030 there are 3 million all- electric and electric-ready homes—and by 2035, 7 million homes—as well as contributing to 6 million heat pumps installed statewide by 2030. Not Applicable. The Project site is currently developed with a 17,805- square-foot, two-story commercial and warehousing building and proposes the construction of two new warehouse buildings. Therefore, the development of the proposed Project would not involve any existing residential buildings. Existing Commercial Buildings 80% of appliance sales are electric by 2030, and 100% of appliance sales are electric by 2045. Appliances are replaced at end of life, contributing to 6 million heat pumps installed statewide by 2030. Consistent. The Project site is currently developed with a 17,805-square- foot, two-story commercial and warehousing building and proposes the demolition of the existing commercial building onsite to allow for the construction of two new warehouse buildings. The Project would comply with the 2022 Title 24, Part 6 building energy requirements, including the use of electric energy efficient appliances. Food Products 7.5% of energy demand electrified directly and/or indirectly by 2030; 75% by 2045. Consistent. The proposed Project is a light industrial warehouse project and does not involve large scale storage of food products. However, the Project would comply with the 2022 Title 24, Part 6 building energy requirements. Construction Equipment 25% of energy demand electrified by 2030 and 75% electrified by 2045. Consistent. The proposed Project would be required to use construction equipment that is registered by CARB and meet CARB’s standards. CARB sets its standards to be in line with the goal of reducing energy demand by 25% in 2030 and 75% in 2045. Chemicals and Allied Products; Pulp and Paper Electrify 0% of boilers by 2030 and 100% of boilers by 2045. Hydrogen for 25% of process heat by 2035 and 100% by 2045. Electrify 100% of other energy demand by 2045. Not Applicable. The proposed Project is an industrial warehouse project and is not related to electrification of boilers, hydrogen for heat and generation of energy. Stone, Clay, Glass, and Cement CCS on 40% of operations by 2035 and on all facilities by 2045. Process emissions are reduced through alternative materials and CCS. Not Applicable. The proposed Project is warehousing Project and is not anticipated to be utilized for stone, clay, glass, and cement. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 90 Action Consistency Other Industrial Manufacturing 0% energy demand electrified by 2030 and 50% by 2045. Not Applicable. The proposed Project would develop light industrial warehousing and would not involve the construction of new industrial manufacturing buildings. Combined Heat and Power Facilities retire by 2040. Not Applicable. The proposed Project would develop light industrial warehousing and would not involve any existing combined heat and power facilities. Agriculture Energy Use 25% energy demand electrified by 2030 and 75% by 2045. Not Applicable. The proposed Project would develop light industrial warehousing and would not involve any agricultural uses. Low-Carbon Fuels for Transportation Biomass supply is used to produce conventional and advanced biofuels, as well as hydrogen. Not Applicable. The proposed Project would develop light industrial warehousing and would not involve any production of biofuels. Low-Carbon Fuels for Buildings and Industry In 2030s, biomethane135 blended in pipeline Renewable hydrogen blended in fossil gas pipeline at 7% energy (~20% by volume), ramping up between 2030 and 2040. In 2030s, dedicated hydrogen pipelines to be constructed to serve certain industrial clusters. Not Applicable. The proposed Project would develop light industrial warehousing and would not involve any production of energy fuels for buildings and industry, nor would it impede the development and adoption of utilizing low-carbon fuels for buildings and industry. Non-Combustion Methane Emissions Increase landfill and dairy digester methane capture. Some alternative manure management is being deployed for smaller dairies. Moderate adoption of enteric strategies by 2030. Divert 75% of organic waste from landfills by 2025. Oil and gas fugitive methane emissions reduced 50% by 2030 and further reductions as infrastructure components retire in line with reduced fossil gas demand Not Applicable. The proposed light industrial warehousing Project would not involve any production of non-combustion methane emissions or organic waste. High GWP Potential Emissions Low Global Warming Potential (GWP) refrigerants introduced as building electrification increases, mitigating HFC emissions. Not Applicable. The proposed Project is non-refrigerated and does not include large-scale refrigeration uses. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 91 2024-2050 SCAG RTP/SCS The proposed Project would not interfere with the SCAG’s ability to achieve the region’s GHG reduction target of 19 percent below 2005 per capita emissions levels by 2035. Furthermore, the proposed Project is not regionally significant per State CEQA Guidelines Section 15206 and as such, it would not conflict with the SCAG RTP/SCS targets since those targets were established and are applicable on a regional level. SCAG’s Connect SoCal 2024 policies focus largely on regional transportation and the efficiency of transportation, which are implemented by counties and cities within the SCAG region, as part of the overall planning and maintenance of the regional transportation system. Overall, the proposed Project would comply with existing State regulations adopted to achieve the overall GHG emissions reduction goals identified in the 2022 Scoping Plan and would be consistent with applicable State plans and programs designed to reduce GHG emissions, such as SCAG's RTP/SCS. The regulations, plans, and policies adopted for the purpose of reducing GHG emissions that are directly applicable to the Project include the latest Title 24 Energy Efficiency Standards for Nonresidential Buildings and the Title 24 California Green Building Standards Code (CALGreen). The Project would be required to comply with the latest Title 24 Standards at the time of building permit issuance. In addition, as described above, GHG emissions associated with construction and operation of the proposed Project would be less than the existing emissions due to a reduction in trips. Therefore, implementation of the proposed Project would not conflict with any applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs and impacts would be less than significant. Conclusion With regard to the issue area of Greenhouse Gas Emissions, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. No mitigation measures contained within the GP EIR would be required because Project specific impacts would be less than significant. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements CALGreen Compliance: The Project is required to comply with the CALGreen Building Standards Code pursuant to Tustin City Code Section 8100 to ensure efficient use of energy. CALGreen specifications are required to be incorporated into building plans as a condition of building permit approval. General Plan Goals and Policies None. GP EIR Mitigation Measures None. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 92 5.9. HAZARDS AND HAZARDOUS MATERIALS Would the Project: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a Project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project result in a safety hazard or excessive noise for people residing or working in the Project area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 93 Summary of Impacts Identified in the GP EIR The GP EIR discussed hazards and hazardous materials impacts in Table 2-1 and on pages 5.7-1, 5.7-6 through 5.7-13; and 5.10-1 through 5.10-3 and states that implementation of the General Plan will increase the number of people residing in Tustin and subsequently increase the number of people at risk to seismic hazards, flooding, wildland/ urban fires, and aircraft overflight. The land uses established by the General Plan are compatible with the surrounding natural and urban environment and minimize risk of upset hazards. The EIR determined that impacts would be less than significant with mitigation measures. Proposed Project Impacts This section is based on the following reports: • Phase I Environmental Site Assessment for 2441 Michelle Drive, included as Appendix D. • Phase I Environmental Site Assessment for 2.1 acres of Vacant Land APN 432-391-59, included as Appendix E. a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No New Impact. This topic was evaluated in the GP EIR on pages 5.7-9 through 5.7-12 and was determined to have a less-than-significant impact with compliance to Federal and State regulations. A hazardous material is defined as any material that, due to its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or environment. Hazardous materials include, but are not limited to, hazardous substances, hazardous wastes, and any material that a business or the local implementing agency has a reasonable basis for believing would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. Hazardous wastes require special handling and disposal because of their potential to damage public health and the environment. Construction Construction activities for the proposed Project would involve routine transport, use, and disposal of hazardous materials such as paints, solvents, oils, grease, and calking. In addition, routine hazardous materials would be used for fueling and serving construction equipment on-site. These types of hazardous materials routinely used during construction are not acutely hazardous, and all storage, handling, use, and disposal of these materials are regulated by existing state and federal laws that the Project is required to strictly adhere to. As a result, the routine transport, use or disposal of hazardous materials during construction activities for the proposed Project would be less than significant. Operation The operation of the proposed two industrial warehousing buildings would generally involve use and storage of a limited volume of non-acute hazardous materials, such as: cleaning agents, paints, pesticides, batteries, and aerosol cans. Normal routine use of these products would not result in a potentially significant hazard. However, should operation of a future business at the proposed buildings handle acutely hazardous materials (as defined in Section 25500 of California Health and Safety Code, Division 20, Chapter 6.95) the business would require a hazardous materials permit from the Fire Department, as part of City operational permitting procedures. Such businesses are also required to comply with California’s Hazardous Materials Release Response Plans and Inventory Law, which requires immediate reporting to the Fire Department regarding any release or threatened release of a hazardous material, regardless of the amount handled by the business. In addition, any business handling at any one time, greater than 500 pounds of Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 94 solid, 55 gallons of liquid, or 200 cubic feet of gaseous hazardous material, is required, under Assembly Bill 2185 (AB 2185), to file a Hazardous Materials Business Plan. A Hazardous Materials Business Plan is a written set of procedures and information created to help minimize the effects and extent of a release or threatened release of a hazardous material. The intent of the Hazardous Materials Business Plan is to satisfy federal and state right-to-know laws, provide procedures for use, disposal, and storage of hazardous materials, and to provide detailed information for use by emergency responders. Overall, the proposed Project and future business on the Project site would be required to comply with all applicable federal, state, and local hazardous materials regulations, as verified by City operational permitting to reduce potential impacts to a less than significant level. Therefore, operational impacts from the proposed Project associated with the routine transport, use, or disposal of hazardous materials would be less than significant. No new or substantially greater impacts would occur with implementation of the proposed Project when compared to those identified in the GP EIR. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No New Impact. This topic was evaluated in the GP EIR on pages 5.7-9 through 5.7-12 and was determined to have a less than significant impact with compliance to Federal and State regulations. Construction As described previously, construction of the proposed Project would involve the limited use and disposal of hazardous materials. Equipment that would be used in construction of the Project has the potential to release gas, oils, greases, solvents; and spills of paint and other finishing substances. However, the amount of hazardous materials on-site would be limited, and construction activities would be required to adhere to all applicable regulations regarding hazardous materials storage and handling, as well as to implement construction BMPs (through implementation of a required SWPPP) to prevent a hazardous materials release and to promptly contain and clean up any spills, which would minimize the potential for harmful exposures to a less than significant level. Asbestos Containing Materials. The building on the Project site was constructed in 1979/1980 when many structures were constructed with what are now recognized as hazardous building materials, such as lead and asbestos. Demolition of these structures could result in the release of hazardous materials. However, asbestos abatement contractors must follow State regulations contained in California Code of Regulations Sections 1529, and 341.6 through 341.14 as implemented by SCAQMD Rule 1403 to ensure that asbestos removed during demolition or redevelopment of the existing buildings is transported and disposed of at an appropriate facility. The contractor and hauler of the material are required to file a Hazardous Waste Manifest which details the hauling of the material from the site and the disposal of it. Section 19827.5 of the California Health and Safety Code requires that local agencies not issue demolition permits until an applicant has demonstrated compliance with notification requirements under applicable federal regulations regarding hazardous air pollutants, including asbestos. These requirements ensure that the Project applicant submits verification to the City that the appropriate activities related to asbestos have occurred, which would reduce the potential of impacts related to asbestos to a less than significant level. Lead Based Materials. Lead-based materials may also be located within existing structures on the Project site. The lead exposure guidelines provided by the United States Department of Housing and Urban Development provide regulations related to the handling and disposal of lead-based products. Federal regulations to manage and control exposure to lead-based paint are described in Code of Federal Regulations Title 29, Section 1926.62, and State regulations related to lead are provided in the California Code of Regulations Title 8 Section 1532.1, as implemented by CalOSHA. These regulations cover the demolition, removal, cleanup, transportation, storage and disposal of lead-containing material. The regulations outline the Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 95 permissible exposure limit, protective measures, monitoring, and compliance to ensure the safety of construction workers exposed to lead-based materials. CalOSHA’s Lead in Construction Standard requires project applicants to develop and implement a lead compliance plan when lead-based paint would be disturbed during construction or demolition activities. The plan must describe activities that could emit lead, methods for complying with the standard, safe work practices, and a plan to protect workers from exposure to lead during construction activities. In addition, CalOSHA requires 24-hour notification if more than 100 SF of lead-based paint would be disturbed. These requirements ensure that the Project applicant submits verification to the City that the appropriate activities related to lead have occurred, which would reduce the potential of impacts related to lead-based materials to a less than significant level. Undocumented Hazardous Materials. Should undocumented hazardous material be found, the existing federal and State regulations related to hazardous materials and construction include procedures to follow in the case hazardous materials are uncovered during construction activities. Excavated soil containing hazardous substances and hazardous building materials would be classified as a hazardous waste if they exhibit the characteristics of ignitability, corrosivity, reactivity, or toxicity (CCR, Title 22, Division 4.5, Chapter 11, Article 3). State and federal laws require detailed planning to ensure that hazardous materials are properly handled, used, stored, and disposed of, and in the event that such materials are accidentally released, to prevent or to mitigate injury to health or the environment. These regulations are detailed previously and include, but are not limited to, the Federal Resource Conservation and Recovery Act, the Occupational Safety and Health Act that is implemented by OSHA, and the Hazardous Materials Transportation Act. Additionally, the California Integrated Waste Management Board and the RWQCB specifically address management of hazardous materials and waste handling in their adopted regulations (CCR, Title 14 and CCR, Title 27). Thus, with implementation of existing regulations, impacts related to upset or accident conditions involving the release of hazardous materials into the environment would be less than significant. Therefore, with compliance to existing laws and regulations, as mandated by the City through construction permitting, the Project’s construction-related impacts would be less than significant. Operation As described previously, operation of the proposed industrial warehouse buildings includes use of limited hazardous materials, such as solvents, cleaning agents, paints, pesticides, batteries, fertilizers, and aerosol cans. Normal routine use of typical products pursuant to existing regulations would not result in a significant hazard to the environment, residents, or workers in the vicinity. Should the businesses at the buildings handle acutely hazardous or a substantial volume of hazardous materials, the business would require approval of a hazardous materials permit as part of County operational permitting procedures. As a result, implementation of the proposed Project would not create a reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment, and impacts would be less than significant. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. c) Emit hazardous emissions or handle hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No New Impact. This topic was evaluated in the GP EIR on pages 5.7-9 through 5.7-12 and was determined to have a less than significant impact with compliance to Federal and State regulations. The closest school to the Project site is the Cambridge Learners Academy, located approximately 0.19-mile south of the Project site. However, the use, storage, and disposal of hazardous materials during construction and operations would be in limited quantities due to the nature of the Project and would be disposed of in compliance with federal, state, and local regulations, which would reduce the potential for accidental release Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 96 into the environment near a school. Further, emissions that would be generated from construction and operation of the Project were evaluated in the air quality analysis discussed above, and the emissions generated from the Project would not cause or contribute to an exceedance of the federal or state air quality standards. Thus, the Project would not emit hazardous or handle acutely hazardous materials, substances, or waste near a school, and impacts would be less than significant. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No New Impact. The Phase I ESAs prepared for the proposed Project conducted database searches to determine if the Project site or any nearby properties are identified as having hazardous materials (Appendix D and Appendix E). The Phase I ESAs record searches determined that the Project site is not on a list of hazardous materials sites. Thus, impacts related to hazards from being located on or adjacent to a hazardous materials site would not occur from implementation of the proposed Project. Therefore, the Project would result in no new impact related to hazardous materials sites compiled pursuant to Government Code Section 65962.5. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. e) For a Project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project result in a safety hazard for people residing or working in the Project area? No New Impact. This topic was evaluated in the GP EIR on pages 5.7-6 through 5.7-10 and was determined to have a less than significant impact with mitigation. The proposed Project is not located within an airport land use plan or within two miles of an airport. The closest airport to the Project site is John Wayne Airport, which is located approximately 4.5 miles to the southwest. In addition, the Project site is not within the identified Airport Land Use compatibility Plan contours for John Wayne Airport. Therefore, the proposed Project would not result in an airport-related safety hazard for people residing or working in the Project area. The Project would have no impact on safety hazards related to airports. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. f) Impair implementation of an adopted emergency response plan or emergency evacuation plan? No New Impact. This topic was evaluated in the GP EIR on pages 5.7-1, 5.7-6 through 5.7-13; and 5.10- 1 through 5.10-3 and was determined to have a less than significant impact with compliance with existing regulations, including the building and fire codes. Construction The proposed construction activities, including equipment and supply staging and storage, would occur within the Project site and would not restrict access of emergency vehicles to the Project site or adjacent areas. The installation of driveways and connections to existing infrastructure systems that would be implemented during construction of the proposed Project could require the temporary closure of one side or portions of Michelle Drive (i.e., hours or a few days). However, the construction activities would be required to ensure emergency access in accordance with Section 503 of the CFC (Title 24, California Code of Regulations, Part 9), which would be ensured through the City’s permitting process. Thus, implementation of the Project through the City’s permitting process would ensure existing regulations are adhered to and would reduce potential construction related emergency access impacts to a less than significant level. Thus, impacts related to inadequate Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 97 emergency access during construction activities would be less than significant, and no new or increased impacts would occur. Operation Operation of the proposed Project would not result in a physical interference with an emergency response evacuation. Direct access to the Project site would be provided from two driveways along Michelle Drive. The primary driveway to the Project site would be approximately 40-feet and three-inches in width and would be located at the corner of Chambers Road and Michelle Drive, near the center of the site’s frontage along Michelle Drive. In addition, the Project would include a 26-foot-wide driveway at the eastern corner of the site along Michelle Drive, which would provide passenger vehicle access only. Internal circulation would be via 26-foot-wide on-site drive aisles which would also serve as fire lanes. The Project is also required to design and construct internal access and provide fire suppression facilities (e.g., hydrants and sprinklers) in conformance with the requirements in Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9). As a result, the proposed Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, and impacts would be less than significant. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? No New Impact. This topic was evaluated in the GP EIR on pages 5.7-1, 5.7-6 through 5.7-13; and 5.10- 1 through 5.10-3 and was determined to have a less than significant impact with mitigation. According to the CAL FIRE Hazard Severity Zone map, the Project site is not located within a Very High Fire Hazard Severity Zone (VHFHSZ). Additionally, the Project site is located in a developed area and is not adjacent to wildlands. Implementation of the proposed Project would be required to adhere to the California Fire Code and would be reviewed by the City’s Building and Safety Division during the permitting process to ensure that the Project plans meet the general applicable adopted fire protection requirements. Therefore, the proposed Project would result in a less than significant impact related to exposing people or structures to a risk of loss, injury or death involving wildland fire. Therefore, the proposed Project is consistent with the findings contained in the GP EIR, and the Project would result in no new impact. Conclusion With regard to the issue area of hazards and hazardous materials, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. No mitigation measures contained within the GP EIR would be required because Project specific impacts would be less than significant. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements California Building Code. The Project will be designed and constructed in accordance with Tustin City Code Article 8, which adopts the CBC, which is based on the International Building Code (IBC). New construction, alteration, or rehabilitation shall comply with applicable ordinances set forth by the City and/or by the most recent City building and seismic codes in effect at the time of Project design. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 98 Pollutant Discharge Elimination System (NPDES). The Project will be constructed in accordance with the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with the Construction and Land Disturbance Activities, Order No 2009-0009-DWQ (as amended by 2010-0014-DWQ and 2012-0006-DWQ), NPDES No. CAS000002 (or the latest approved Construction General Permit). Compliance requires filing a Notice of Intent (NOI); a Risk Assessment; a Site Map; a Storm Water Pollution Prevention Plan (SWPPP) and associated Best Management Practices (BMPs); an annual fee; and a signed certification statement. General Plan Goals and Policies The General Plan hazards and hazardous materials related goals and policies that are applicable to the proposed Project include the following: Public Safety Element Goal 4: Reduce the risk to the community's inhabitants from exposure to hazardous materials and wastes. Policy 4.3: Transportation of hazardous waste will be minimized and regulated where possible to avoid environmentally sensitive areas and populated, congested, and dangerous routes. Policy 4.4: Cooperate fully with other local, State, and federal agencies to efficiently regulate the management of hazardous material and hazardous waste. GP EIR Mitigation Measures 1. The City Community Development Department shall implement the following land use regulations to control development in areas that are subject to hazardous conditions: • Continue to regulate roofing materials in high potential fire hazard areas to reduce fire impacts; • Recommend fuel modification plant materials in high potential fire hazard areas; • Enforce provisions of the City's Grading Manual requiring geological and/or engineering reports in areas where geological hazard conditions may exist; • Enforce provisions of the City's Hazardous Waste Facilities Ordinance to regulate and control the location and operation of facilities and guarantee public participation through a public hearing process; • Coordinate with the Airport Land Use Commission to protect and prevent the construction of sensitive and residential land uses under air traffic corridors in order to reduce the potential accidents affecting highly populated areas; and • Regulate new construction within floodplain areas through the City's Floodplain Management Ordinance, making modifications as necessary to the Ordinance to reflect FEMA information. • Oppose future commercial or general aviation use of MCAS EI Toro and MCAS Tustin. (Implementation Program No. 1 from the General Plan Public Safety Element). Not Applicable: This measure is not applicable as the Project site is not in an area that is subject to hazardous conditions. 2. Flood control improvements and maintenance will be made or provided by the City Public Works Department where necessary, and such improvements and maintenance will be coordinated with the Circulation Element, Orange County Flood Control District, State Water Resources Board, Regional Water Quality Control Board, Department of Fish and Game, and Army Corps of Engineer. The City has applied to the Federal Emergency Management Agency for the revision of Flood Insurance Rate Maps to reflect flood control facility improvements. (Implementation Program No. 2 from the General Plan Public Safety Element). Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 99 Not Applicable: This measure is related to City flood control improvements and is not an action for the proposed Project. The Project site is not located within or adjacent to a floodplain. 3. The City Public Works Department and the Water Division shall perform regular inspections of all City of Tustin water facilities and implement procedures to ensure safety of these facilities, and encourage IRWD to implement similar procedures. (Implementation Program No. 3 from the General Plan Public Safety Element). Not Applicable: This measure is related to City inspections of water facilities and is not an action for the proposed Project. 4. The City Public Works Department shall disseminate information to the public detailing emergency preparedness for and emergency procedures in the event of different emergency situations, including flood, seismic, hazardous materials, etc. (Implementation Program No. 11 from the General Plan Public Safety Element). Not Applicable: This measure is related to City dissemination of information to the public detailing emergency preparedness and is not an action for the proposed Project. 5. The City Community Development Department shall require the retrofitting and abatement of unreinforced masonry structures, inventory tilt-up concrete buildings, and require geologic investigations and structural design to make structures as shock resistant and structurally sound as possible or feasible. (Implementation Program No. 4 from the General Plan Public Safety Element). Not Applicable: The Project does not involve any unreinforced masonry structures. 6. The Community Development Department shall adopt current Uniform Building, Administrative, Housing, Mechanical, Plumbing and National Electrical Codes, and recommend amendments to standards and uniform codes for special application in Tustin reflecting special topographic, geologic and climatic conditions. (Implementation Program No. 5 from the General Plan Public Safety Element). Not Applicable: This measure is related to City adoption of building codes and is not an action for the proposed Project. However, the Project would be compliant with all City building codes and other regulations, as verified through the City development review and permitting process. 7. All City Departments shall promote public agency responsiveness to emergency situations through: • Periodic review and update of emergency, plans and coordination with other jurisdictions in implementing those plans; • Coordination with other jurisdictions in the collection, processing, and dissemination of technical information; • Regular practice of the City's Emergency Operations Plan by city personnel in a simulated setting; • City employee training sessions in emergency response and management skills; • Preparation of a recovery plan for reconstruction of essential services and facilities in the event of an emergency; • Development of needed resources and identification of available sources of funding for emergency response; • Maintenance of an emergency operation center in the Civic Center, and • Establishment and implementation of procedures for prioritizing services and assistance provided and requested by mutual aid organizations. (Implementation Program No. 10 from the General Plan Public Safety Element). Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 100 Not Applicable: This measure is related to City promotion of public agency responsiveness to emergency situations and is not an action for the proposed Project. 8. The City Community Development Department along with the Orange County Fire Department shall enforce provisions of the City's Hazardous Waste Facilities Ordinance and the Household Hazardous Waste component. Adopt amendments as necessary to update the plans to generate protection of City residents from danger resulting from transportation, storage, disposal or use of hazardous waste within the City. Collaborate with appropriate agencies and industries to define responsibilities and cost allocation procedures for repair and clean-up of hazardous, dangerous, toxic, and other materials. (Implementation Program No. 8 from the General Plan Public Safety Element). Not Applicable: This measure is related to City adoption of hazardous waste ordinances and is not an action for the proposed Project. However, the Project would be compliant with all hazardous waste regulations, as verified through the City development review and permitting process. 9. The City Community Development and Public Works Departments shall promote fire prevention through: • Coordination with Public Works and the Orange County Fire Department in their review of minimum fire flow and distribution requirements for water in review of new development; • Adopt the Uniform Fire Code provisions and recommend amendments for special applications in Tustin reflecting special topographic, geologic and climatic conditions; and • Encourage the Orange County Fire Department to provide public information identifying potential fire hazards in Tustin and preventative measures the public can take to minimize risks. (Implementation Program No. 9 from the General Plan Public Safety Element). Not Applicable: This measure is related to City adoption of fire codes, coordination of fire flow review, and public information and is not an action for the proposed Project. However, the Project would be compliant with all fire codes and other safety regulations, as verified through the City development review and permitting process. 10. The City shall refer all proposed General Plan, Zoning Ordinance, Building Code amendments, Specific Plans, and proposed structures which would penetrate the imaginary surface established by the ALUC to the ALUC for review. (Implementation Program No. 11 from the General Plan Public Safety Element). Not Applicable: The Project structures would be one story buildings with a maximum height of 47’-10” at the highest point and would not penetrate the imaginary surface established by the ALUC. 11. The City Community Development Department and Orange County Fire Department will enforce provisions of the City's Hazardous Waste Facilities Ordinance and the Household Hazardous Waste component. Adopt amendments as necessary to update the plans to generate protection of City residents from danger resulting from transportation, storage, disposal or use of hazardous waste within, the City. Collaborate with appropriate agencies and industries to define responsibilities and cost allocation procedures for repair and clean-up of hazardous, dangerous, toxic, and other materials. (Implementation Program No. 6 from the General Plan Public Safety Element). Not Applicable: This measure is related to City adoption of hazardous waste ordinances and is not an action for the proposed Project. However, the Project would be compliant with all hazardous waste regulations, as verified through the City development review and permitting process. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 101 5.10. HYDROLOGY AND WATER QUALITY Would the Project: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site; iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) impede or redirect flood flows? d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to Project inundation? e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 102 Summary of Impacts Identified in the GP EIR The GP EIR discussed impacts related to hydrology and water quality in Table 2-1 and on pages 5.3-1 through 5.3-7. The GP EIR determined that Implementation of the General Plan will result in increased amounts of impervious surfaces. As a result, runoff rates will increase and groundwater recharge rates will decrease. Non-point source pollutant levels will increase in surface water and groundwater. Erosion and sedimentation could occur during grading and construction. The General Plan identifies some land uses within the 100 -year flood plain. Therefore, the GP EIR determined that mitigation measures would be required to reduce potential impacts to a less than significant level. Proposed Project Impacts This section is based on the following report: • Hydrologic and Hydraulic Drainage Report, 2026, included as Appendix F • Preliminary Water Quality Management Plan, 2026, included as Appendix G a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? No New Impact. This topic was evaluated in the GP EIR on pages 5.3-1 through 5.3-7 and was determined to have a less than significant impact with compliance to existing regulations as well as mitigation. The Preliminary Water Quality Management Plan (WQMP) describes that runoff from the Project site ultimately drains to Tustin/Irvine Modena Channel, Peters Canyon Wash, which outlets to San Diego Creek: Reach 1. San Diego Creek ultimately discharges into the Upper Newport Bay and Lower Newport Bay. Applicable TMDLs for these waterbodies include: indicator bacteria, metals, nutrients, pesticides, siltation, pathogens, selenium. Construction Construction of the Project would require grading and excavation of soils, which would loosen sediment, and then have the potential to mix with surface water runoff and degrade water quality. Pollutants of concern during Project construction include sediments, trash, petroleum products, concrete waste (dry and wet), sanitary waste, and chemicals. During construction activities, excavated soil would be exposed, and there would be an increased potential for soil erosion and transport of sediment downstream compared to existing conditions. During a storm event, soil erosion could occur at an accelerated rate. In addition, construction- related pollutants, such as chemicals, liquid, and petroleum products (e.g., paints, solvents, and fuels), and concrete-related waste, could be spilled, leaked, or transported via stormwater runoff into adjacent drainages and into downstream receiving waters. However, the proposed Project would be required to comply with the NPDES construction regulations and the SWRCB General Permit No. CAS000002, SWRCB Order WQ 2002-0057-DWQ, that requires development and implementation of a SWPPP. As part of the SWPPP, erosion and sediment control measures would be included to minimize potential pollutants from entering stormwater during Project construction. In addition, the SWPPP is required during the City’s plan check and permitting process. The SWPPP would include construction BMPs such as: • Prompt revegetation of proposed landscaped/grassed swale areas; • Perimeter gravel bags or silt fences to prevent off-site transport of sediment; • Storm drain inlet protection (filter fabric gravel bags and straw wattles), with gravel bag check dams within paved roadways; Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 103 • Regular sprinkling of exposed soils to control dust during construction and soil binders for forecasted windstorms; • Specifications for construction waste handling and disposal; • Contained equipment wash-out and vehicle maintenance areas; • Erosion control measures including soil binders, hydro mulch, geotextiles, and hydro seeding of disturbed areas ahead of forecasted storms; • Construction of stabilized construction entry/exits to prevent trucks from tracking sediment on City roadways; • Construction timing to minimize soil exposure to storm events; and • Training of subcontractors on general site housekeeping With adherence to the existing requirements and implementation of the appropriate BMPs as ensured through the City’s construction permitting process would ensure that the Project would not violate any water quality standards or waste discharge requirements, potential water quality degradation associated with construction activities would be minimized, and impacts would be less than significant. Operation The proposed Project involves the operation of industrial warehouse uses, which could introduce pollutants such as chemicals from household cleaners, pesticides, sediment from landscaping, trash and debris, and oil and grease from vehicles. These pollutants have the potential to discharge into surface waters and degrade water quality. However, the Project would be required to prepare and implement a Water Quality Management Plan (WQMP) incorporating post-construction (permanent) Low Impact Development (LID) site design, source control, and treatment control Best Management Practices (BMPs) pursuant to the Orange County Drainage Area Management Plan (DAMP) and the non-point source NPDES Permit for Waste Discharge Requirements for the County of Orange, Orange County Flood Control District, and the incorporated cities of Orange County within the Santa Ana Region. The LID design would minimize impervious surfaces and promote infiltration of runoff into landscaped areas. The DAMP regulations are included in the Tustin City Code in Section 4902 and are the implementation method for NPDES Stormwater Permit compliance. The DAMP: • Provides the framework for the program management activities and plan development; • Provides the legal authority for prohibiting unpermitted discharges into the storm drain system and for requiring BMPs in new development and significant redevelopment; • Ensures that all new development and significant redevelopment incorporates appropriate Site Design, Source Control, and Treatment Control BMPs to address specific water quality issues; and • Ensures that construction sites implement control practices that address construction-related pollutants including erosion and sediment control and on-site hazardous materials and waste management. Source control BMPs would minimize pollutant generation at the source, while treatment control BMPs would remove pollutants from stormwater runoff prior to discharge. The proposed landscaped areas would include planting media designed to retain and filter runoff on-site, further enhancing infiltration. In addition, as described in Section 3.0, Project Description, two detention basins would be constructed in the central portion of the site with capacities of 28,369 cubic feet and 20,892 cubic feet. Stormwater runoff would be captured by the proposed onsite stormwater system and be conveyed to the detention basins. Stormwater runoff would be directed to this basin for treatment to remove sediments, nutrients, heavy metals, oxygen- demanding substances, oil and grease, bacteria, and pesticides before discharge to underground infiltration chambers. Implementation of the source and treatment control BMPs identified in the Preliminary WQMP (Appendix G), which will be reviewed and approved by the City as part of the permitting process, would reduce Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 104 potential pollutants to the maximum extent feasible. Therefore, the Project would not substantially degrade water quality and would remain consistent with the findings of the GP EIR. No new impacts related to water quality standards or waste discharge requirements would occur. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the basin? No New Impact. This topic was evaluated in the GP EIR on page 5.3-5 and was determined to have a less than significant impact with implementation of mitigation. The GP EIR describes that the City is within the Orange County groundwater basin that is actively managed by the Orange County Water District. Groundwater recharge is facilitated by percolation of stormwater through pervious surface areas to groundwater resources. Increasing the imperviousness of an area could interfere with groundwater recharge capabilities of an area. As described in the WQMP, the Project site in the existing condition is 63.58 percent impervious while the proposed Project condition would be 88.84 percent impervious (Appendix G). Therefore, the proposed Project would result in an increase of impervious surface compared to the existing conditions. As described previously, the Project would include two underground detention basins in the central portion of the site with capacities of 28,369 cubic feet and 20,892 cubic feet that are sized to meet the capacity of 100-year stormflows, as detailed in the Hydrology Study (Appendix F). Stormwater runoff would be captured by the proposed onsite stormwater system and be conveyed to the detention basins for retention and infiltration into underground infiltration chambers. In addition, the proposed Project includes approximately 43,430 SF (or 0.997 acres) of landscaped area, which would maximize natural infiltration capacity on-site. Orange County Water District (OCWD) serves as the groundwater manager for the OC Basin and sub- basins. Additionally, groundwater supply and demand are evaluated through the City’s 2020 Urban Water Management Plan (UWMP) based on General Plan land use designations, which determined groundwater supplies are sufficient to serve the City’s service area through 2045. As the proposed Project would be consistent with the General Plan land use designation allowable development of the parcel, it would be consistent with the demands identified in the 2020 UWMP. Overall, the proposed Project would not decrease groundwater supplies or interfere substantially with groundwater recharge such that the proposed Project may impede sustainable groundwater management of the basin. Therefore, the Project is consistent with the findings contained in the GP EIR and would result in no new impact on groundwater supplies or recharge. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would: i. Result in substantial erosion or siltation on- or off-site? No New Impact. The Project site does not contain a stream, river, creek, or other flowing water body. Thus, impacts related to alteration of the course of a stream or river would not occur. The Hydrologic and Hydraulic Drainage Report (Appendix F) details that the site is approximately 64% impervious, and has no existing storm drain system; therefore, the onsite runoff flows through the onsite v-gutters that convey the runoff to spill onto Michelle Drive through the existing driveways. The vacant portion of the site conveys stormwater through a natural swale along the northwest boundary line that flows towards the I-5 freeway, and also conveys flows east along the boundary line and follows the I-5 freeway southerly. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 105 Construction Construction of the proposed Project would require grading and excavation of soils, which would loosen sediment and could result in erosion or siltation. However, as described previously, construction of the proposed Project requires City approval of a SWPPP prepared by a Qualified SWPPP Developer. The SWPPP is required for plan check and approval by the City, prior to provision of permits for the Project, and would include construction BMPs to reduce erosion or siltation. Typical BMPs for erosion or siltation, include use of silt fencing, fiber rolls, gravel bags, stabilized construction driveway, and stockpile management. Adherence to existing requirements and implementation of the required BMPs per the permitting process would ensure that erosion and siltation associated with construction activities would be minimized, and impacts would be less than significant. Operation During Project operation pervious areas would be landscaped. Thus, implementation of the Project would not generate soils that could erode. Also, the proposed drainage infrastructure would slow, and the proposed basin would retain stormwater, which would also limit the potential for erosion or siltation. The Project is required to implement a WQMP (which has been prepared and is included as Appendix G) that describes how the Project would infiltrate, evapotranspire, or biotreat/biofilter stormwater. As a result, stormwater runoff and the potential for erosion and siltation would not increase with implementation of the proposed Project. Therefore, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. ii. Substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? No New Impact. As described in the previous response, the Project site does not contain a stream, river, creek, or other flowing water body. In addition, the proposed Project would be required to implement a SWPPP during construction that would implement BMPs, such as the use of silt fencing, fiber rolls, and gravel bags, that would ensure that runoff would not substantially increase during construction, and flooding on or off-site would not occur. Impacts would be less than significant. The proposed Project would increase the paved, impervious area on-site and increase surface runoff from those areas of the site. However, as described above, the Project would implement an operational WQMP that would install an on-site storm drain system and two underground detention basins with capacities of 28,369 cubic feet and 20,892 cubic feet in the central portion of the site that would manage and treat stormwater as sized and required by the NPDES and Santa Ana Regional Water Quality Control Board (RWQCB) regulations. Thus, the Project would not substantially increase stormwater runoff, and flooding on or off-site would not occur. Therefore, the Project is consistent with the findings contained in the GP EIR and would result in no new impact related to flooding on- or off-site. Therefore, the Project is consistent with the findings contained in the GP EIR and would result in no new impact related to flooding on- or off-site. iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? No New Impact. This topic was evaluated in the GP EIR on page 5.3-4 and was determined to have a less than significant impact. As described in the previous responses, the proposed Project would be required to implement a SWPPP during construction that would implement BMPs, such as the use of silt fencing, fiber rolls, and gravel bags, that would ensure that runoff would not substantially increase during construction, and that pollutants would not discharge from the Project site, which Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 106 would reduce potential impacts to drainage systems and water quality to a less than significant level. Also, the Project would implement an operational WQMP that would detail the installation of an on- site storm drain system and an infiltration basin, in compliance with the Santa Ana RWQCB regulations. Also, the proposed stormwater infrastructure was designed to adequately accommodate 100-year storm flows from the Project site (Appendix G). Thus, operation of the proposed Project would not substantially increase stormwater runoff, and pollutants would be filtered on-site. Impacts related to drainage systems and polluted runoff would be less than significant with implementation of the existing requirements, which would be verified during the permitting process. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. iv. Impede or redirect flood flows? No New Impact. According to the Federal Emergency Management Agency (FEMA) the Project site is located within Zone X, an area of minimal flood hazard, per FEMA FIRM Map 06059C0281J. Thus, the proposed Project would not impede or redirect flood flows. As such, the proposed Project is consistent with the findings contained in the GP EIR impacts, and the Project would result in no new impact. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to Project inundation? No New Impact. As discussed above, the Project site is located within a FEMA area of minimal flood hazard. A SWPPP that includes BMPs would be prepared and implemented as part of the Project to ensure pollutants are contained and would not be released from the Project site during construction. Post construction stormwater infrastructure would be required to capture and treatment of storm flows up to the 85th percentile 24-hour storm event, as required by Santa Ana RWQCB regulations. Therefore, implementation of the Project would not risk the release of pollutants due to Project inundation in a flood hazard zone. Tsunamis are tidal waves generally caused by earthquakes, sea floor landslides, rock falls, and exploding volcanic islands. The Project site is approximately 10 linear miles from the Pacific Ocean shoreline. Based on the inland location of the site, the Project site is not within a tsunami zone and related impacts would not occur. A seiche is the sloshing of a closed body of water from earthquake shaking. Seiches are of concern relative to water storage facilities because inundation from a seiche can occur if the wave overflows a containment wall, such as the wall of a reservoir, water storage tank, dam, or other artificial body of water. The Project site is not within vicinity of any impounded bodies of water; thus, the Project is not at risk of a seiche. The nearest body of water is Santa Ana River, which is not a contained body of water with seiche potential. Therefore, impacts would be less than significant, and the Project would result in no new impact related to release of pollutants due to flood hazard, tsunami, or seiche zones. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? No New Impact. As described previously, use of BMPs during construction implemented as part of a SWPPP as required by the NPDES Construction General Permit would serve to ensure that Project impacts related to construction activities resulting in a degradation of water quality would be less than significant. Thus, construction of the Project would not conflict or obstruct implementation of a water quality control plan. Also, as described previously, the Projects is required to implement a WQMP (Appendix G) that would include applicable BMPs, which are verified as part of the City’s permitting approval process, and Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 107 construction plans would be required to demonstrate compliance with these regulations. Therefore, operation of the Project would not conflict with or obstruct implementation of a water quality control plan. In addition, as detailed previously, the OCWD manages basin water supply through the BPP, such that, the anticipated production of groundwater would remain steady from 2025 through 2045. As described previously and further detailed in Section 5.19, Utilities and Service Systems, the City’s supply of water would be sufficient during both normal years and multiple dry year conditions between 2025 and 2045 to meet all of the City’s estimated needs, including the proposed Project. Therefore, the Project would be consistent with the groundwater management plan and would not conflict with or obstruct its implementation. Thus, impacts related to water quality control plan or sustainable groundwater management plan would be less than significant. Conclusion With regard to the issue area of hydrology and water quality, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. No mitigation measures contained within the GP EIR would be required because Project specific impacts would be less than significant. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements National Pollutant Discharge Elimination System (NPDES). Prior to issuance of any grading or demolition permits, the applicant shall provide the City Building Division evidence of compliance with the NPDES (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control 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 (SWPPP) and a monitoring program and reporting plan for the construction site. City of Tustin Grading Manual. The Project is required to comply with the City of Tustin Grading Manual (1990). Implementation of grading manual standards would be verified by the City during the plan check and permitting process. WQMP. Prior to the approval of the Grading Plan and issuance of Grading Permits a completed Water Quality Management Plan (WQMP) shall be prepared by the Project applicant and submitted to and approved by the City Public Works Department. The WQMP shall identify all Post-Construction, Site Design. Source Control, and Treatment Control Best Management Practices (BMPs) that will be incorporated into the development Project in order to minimize the adverse effects on receiving waters. General Plan Goals and Policies/Standards The General Plan hydrology and water quality related goals and policies that are applicable to the proposed Project include the following: Conservation, Open Space, and Recreation Element Goal 5: Protect water quality and conserve water supply. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 108 Policy 5.2: Protect groundwater resources from depletion and sources of pollution. Policy 5.7: Reduce and eliminate contamination of water supply from industrial operations. GP EIR Mitigation Measures 1. The City Community Development Department shall amend the City Grading and Excavation Code and Grading Manual to require: a) landscaping plans to be prepared and revegetation to occur as early as feasible as part of grading activity; b) review of development plans for sensitive siting and grading treatments, particularly within designated hillside areas; and c) preparation of erosion control plans with grading which identify location of interim drainage facilities, diverters and siltation areas. (Implementation Program No. 23 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City preparation of the Grading and Excavation Code and Grading Manual and is not an action for the proposed Project. However, the Project would be compliant with the City Grading and Excavation Code and Grading Manual, as verified through the City development review and permitting process. 2. The City Department of Public Works shall continue to operate the Nitrate Removal Demonstration Project. The Public Works Department shall implement programs designed to improve water quality including the Seventeenth Street Desalter. (Implementation Program No. 24 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City operation of the Nitrate Removal Demonstration Project and is not an action for the proposed Project. 3. The City Community Development and Public Works Departments and the Finance and Water Services Divisions shall practice efficient use of water supplies and water conservation in the following ways: a) participate in regional programs such as the Seasonal Storage and Conjunctive Use Well program; b) support increased use of reclaimed water for the Tustin Ranch Golf Course, landscaped medians, and other uses by the Irvine Ranch Water District in East Tustin; c) continue to provide informational brochures/ handouts on water conserving plumbing devices and other forms of water conservation as technology becomes available; utilize an inverted block rate structure to encourage water conservation by charging low water users less money; e) adopt a water efficient landscaping ordinance; f) utilize drought resistant landscaping in development of public projects; g) support the development of an expanded water line system for the use of reclaimed water, and h) incorporate the use of water saving devices and drought tolerant plant materials on City-owned park sites to keep water costs to a minimum. (Implementation Program No. 25 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City practice efficient use of water supplies and water conservation and is not an action for the proposed Project. However, the Project would be compliant with all Title 24 and other water conservation regulations. 4. The City Community Development Department and Engineering and Planning Divisions shall support efforts for environmentally sensitive improvements to floodplain by: a) coordinating with Orange County Flood Control District; b) incorporating applicable standards and requiring revisions to development plans to satisfy City provision for floodplain management; and c) responding to environmental studies Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 109 related to drainage courses, channels, and creeks that will have impacts on the City. (Implementation Program No. 26 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City support efforts for environmentally sensitive improvements to floodplains and is not an action for the proposed Project. The Project site is not located within or adjacent to a floodplain. 5. The City Community Development Department and Engineering and Planning Divisions shall support the maintenance of Peter's Canyon Wash as an open natural channel through the East Tustin Golf Course, and support the County's maintenance of the Wash north of the retarding basin in a natural state including the development of a design concept for the Peter's Canyon Regional Park incorporating a natural wildlife habitat. An engineering report should be prepared to determine the feasibility of the open natural channel section. (Implementation Program No. 27 from the General Plan Conservation/ Open Space/ Recreation Element.) Not Applicable: This measure is related to City support efforts for maintenance of Peter's Canyon Wash and is not an action for the proposed Project. The Project site is not located within or adjacent to Peter's Canyon Wash. 6. The City Public Works and Water Services Division shall promote improved water quality by the following methods: a) support the Santa Ana Watershed Protection Authority Programs; b) support the Regional Water Quality Control Board Programs and the National Pollutant Discharge Elimination System Stormwater Permit regulations; c) support the efforts of the Orange County Water District to monitor the Santa Ana River Water Quality, d) enforce the State Department of Health Services well construction standards; e) provide assistance and information to the Federal Environmental Protection Agency, the State Department of Health Services, and Orange County Health Department enforcement program during investigation, regulation and enforcement of water pollution restrictions; f) provide information to industrial operations within the City on methods to reduce or eliminate water contamination; g) work with the Orange County Water District, if financially feasible, to construct facilities adjacent to existing water wells to purify well water and increase production and use of local water, and h) develop local ordinances to regulate the dumping of pollutants into ground water. (Implementation Program No. 28 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City promotion of improved water quality and is not an action for the proposed Project. However, the Project would be compliant with all water quality related regulations, such as implementation of a SWPPP during construction and a WQMP during operation. 7. The City Public Works Department and Water Division shall perform regular inspections of all City of Tustin water facilities and implement procedures to ensure safety of these facilities and encourage IRWD to implement similar procedures. (Implementation Program No. 3 from the General Plan Public Safety Element). Not Applicable: This measure is related to City inspection of water facilities and is not an action for the proposed Project. 8. The City Public Works Department shall monitor the provision of flood control improvements and maintenance where necessary, and such improvements and maintenance will be coordinated with the Orange County Flood Control District, State Water Resources Board, Regional Water Quality Control Board, Department of Fish and Game, and Arany Corps of Engineers. The City has applied to the Federal Emergency Management Agency for the revision of Flood Insurance Rate Maps to reflect flood Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 110 control facility improvements (Implementation Program No. 2 from the General Plan Public Safety Element). Not Applicable: This measure is related to City monitoring of flood control improvements and is not an action for the proposed Project. 9. The City Public Works Department shall disseminate information to the public detailing emergency preparedness for and emergency procedures in the event of flooding. (Implementation Program No. 4 from the General Plan Public Safety Element). Not Applicable: This measure is related to City dissemination of information to the public detailing emergency preparedness and is not an action for the proposed Project. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 111 5.11. LAND USE PLANNING Would the Project: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Physically divide an established community? b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Summary of Impacts Identified in the GP EIR The GP EIR discussed land use and planning‐related impacts in Table 2-1 and on pages 5.6-3 through 5.6- 10 and determined that the overall level of non-residential land use development in the City is expected to increase approximately 37 percent, from 24,001,000 million square feet to 32,857,000 square feet. Non- residential uses will increase by 34 percent in the incorporated City of Tustin, (from 22,459,000 to 30,099,000 square feet), and by 79 percent in the incorporated County portion of the Planning Area, (from 1, 543,000 to 2,759,000 square feet). The EIR determined that impacts would be less than significant with mitigation. Proposed Project Impacts a) Physically divide an established community? No New Impact. This topic was evaluated in the GP EIR on pages 5.6-3 through 5.6-5 and was determined to have a less than significant impact. The physical division of an established community could occur if a major road (expressway or freeway, for example) were built through an existing community or neighborhood, or if a major development was built which was inconsistent with the land uses in the community such that it divided the community. The environmental effects caused by such a facility or land use could include lack of, or disruption of, access to services, schools, or shopping areas. It might also include the creation of blighted buildings or areas due to the division of the community. The Project site is currently developed with one 117,805 square foot two-story commercial building with warehouse and parking lot. The Project would redevelop the 7.88-net acre site with two new industrial buildings that would be 93,678 SF and 84,018 SF, totaling 177,696 SF. The Project would include parking, landscaping, and utility and stormwater improvements. The Project would be consistent with the land use and zoning designations for the site. In addition, the Project does not involve development of off-site roadways or other infrastructure that could divide a community. Conversely, the Project includes installation of a full- width sidewalk along the site frontage of Michelle Drive and Chambers Road. Therefore, consistent with the findings of the GP EIR, implementation of the proposed Project would not physically divide an established community, and the Project would result in no new impact related to dividing an established community. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 112 b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No New Impact. This topic was evaluated in the GP EIR on page 5.6-3 through 5.6-5 and was determined to be mitigated to a less than significant level. The Project site has a General Plan Land Use designation of PCCB - Planned Community Commercial/Business and a zoning designation of PC IND - Planned Community Industrial and is currently developed with a 117,805 SF commercial and warehousing building. The PCCB General Plan land use designation provides for a mix of commercial and office uses such as hotel/motels, commercial centers, research and development, and professional offices. Densities are allowed to a maximum Floor Area Ratio (FAR) of 1.5:1. The PC IND zoning designation is intended to provide for a wide variety of commercial and industrial uses, including light industrial, research and development, and manufacturing uses which do not maintain greater than 50 percent of their gross floor area for office purposes. The Project would redevelop the 7.88-net acre site with two new industrial buildings that would be 93,795 SF and 84,018 SF, totaling 177,696 SF. Building 1 would be located on proposed Parcel 1 (4.17 acres) on the western portion of the site and would be 93,678 SF resulting in a FAR of 0.516. Building 2 would be located on proposed Parcel 2 (3.71 acres) on the eastern portion of the site, and would be 84,018 SF, resulting in a FAR of 0.520. The Project would include parking, landscaping, and utility and stormwater improvements. In addition, the Project would modify existing onsite easements and construct new sidewalks along the Project site frontage. The Project is consistent with the existing GP land use designation and the PC IND zoning designation that provides for a wide variety of commercial and industrial uses. The Project does not involve conflict with any other land use related policy, as detailed throughout this CEQA Streamline Exemption, and impacts related to conflict with a policy adopted for the purpose of avoiding or mitigating an environmental effect would not occur. Therefore, the Project would not result in any no new or increased impact. Conclusion With regards to the issue area of land use and planning, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. No mitigation measures contained within the GP EIR would be required for land use and planning because Project specific impacts would not occur. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements None. General Plan Goals and Policies The General Plan Land Use and Planning related goals and policies that are applicable to the proposed Project include the following: Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 113 Land Use Element Policy 1.9: Provide development of light industrial and business park uses under strict performance development standards. Encourage industrial and business parks as the preferred method of accommodating industrial growth. Goal 5: Revitalize older commercial, industrial and residential uses and properties. GP EIR Mitigation Measures Capital Improvement Program 1. The City Community Development and Public Works Departments shall review the Capital Improvement Program (CIP) in relation to the General Plan to ensure that plans for major expenditures are consistent with goals, policies, and recommended programs, and the improvements identified in the General Plan are included in the CIP. A finding of consistency with the General Plan must be made for each capital project or expenditure approved. This finding should be included in any actions to approve a budget for a specific improvement, as well as approval of the CIP. (Implementation Program No. 7 from the General Plan Land Use Element). Not Applicable: This measure is related to City review of the CIP in relation to the General Plan and is not an action for the proposed Project. 2. The City Community Development and Public Works Departments shall continue to require dedication and/or reservation of parkland and other public facilities (such as school sites), a fee in lieu thereof, or a combination of both, as a condition of new residential development consistent with the Quimby Act. (Implementation Program No. 8 from the General Plan Land Use Element). Not Applicable: This measure is related to residential development and not related to the proposed light industrial warehouses. 3. Tustin's identity as a city can be strengthened by creating strong visual linkages with unifying urban design elements on major street corridors. The Urban Design Technical Memorandum provides specific guidance for this program to be implemented by the City Community Development Department which includes: a. Establishment of landscaped corridors along major roadways including: 1) primary and secondary street and median tree plantings; 2) enhanced landscaping, entrance markers, identity graphics, and accent lighting at City gateways or entrances (along major roadways and at intersections); and 3) City identity graphics signing to mark locations of civic buildings, parks, recreational facilities, schools, walking/ biking paths, special areas such as Old Town, and public parking areas. b. Establishment or improvement of circulation linkages among public places including: 1) improvement and completion of walking and biking linkages between public parks and community facilities; 2) use of City identity graphics, street furniture, lighting and other improvements to enhance the walking and biking network; and 3) strengthening existing public places and creating new public places connected by the linkage network. c. Preservation and enhancement of historic resources including: 1) use of historic light standards where feasible in Old Town area; and 2) application of the Cultural Resources Overlay District to promote preservation and compatible development and use within the Old Town area. d. Establishment of common design features for commercial areas including: 1) consolidation of properties and activities; 2) widening of sidewalks and consistent street plantings; 3) using site planning to minimize driveway openings on major streets, and encourage shared access and Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 114 circulation between adjacent developments; 4) locating buildings near the public sidewalk with parking to the side or rear of the building; 5) parking areas setback from public sidewalk with buildings or landscaped buffers in between; 6) integrating buildings and outdoor spaces to encourage pedestrian activity, 7) providing architecture, landscaping, and site planning that is complementary to surrounding development; 8) designing larger buildings in a manner that reduces their perceived height and bulk; 9) designing building forms and elevations that create interesting silhouettes, strong shade and shadow patterns and architectural detail; and 10) integrating signage with site design, buildings, and landscaping. (Implementation Program No. 10 from the General Plan Land Use Element). Not Applicable: The Project is not located on a major street corridor, does not include linkages to public places or historic structures and is not a commercial development. 4. The City Administration and Community Development Departments shall encourage organization and implementation of a city beautification program to assist residents and businesses to improve the physical appearance of their property and build greater pride in the community. (Implementation Program No. 11 from the General Plan Land Use Element). Not Applicable: This measure is related to City beautification program to assist residents and businesses and is not an action for the proposed Project. However, the Project would provide new landscaping on the site to enhance the appearance of the site. Fiscal Stability 5. The City Manager and Community Development Department shall target land use activities and development proposals generating long-term fiscal benefits to serve local and visitor needs as desirable land uses to attract to the City. (Implementation Program No. 12 from the General Plan hand Use Element). Not Applicable: This measure is related to the City efforts in targeting fiscal benefits and is not an action for the proposed Project. 6. The City Administration, Finance, and Community Development Departments shall develop and undertake an aggressive marketing effort to attract and retain business in Tustin. (Implementation Program No. 13 from the General Plan Land Use Element). Not Applicable: This measure is related to the City’s efforts in marketing to attract businesses and is not an action for the proposed Project. 7. The City Manager and Community Development Department shall review proposals for annexation of lands within the City's sphere of influence to identify the fiscal implications of such annexations, opportunities for greater efficiency in service delivery, and maintenance of quality of life for Tustin residents. (Implementation Program No. 15 from the General Plan Land Use Element). Not Applicable: The Project is not located within the City Sphere of Influence. 8. To properly maintain City revenues, all City Departments shall: a. Monitor expenditures for facilities and services to identify those land uses and developments which impose significant costs on the City; b. Modify development patterns and standards, if required, to reduce municipal costs; c. Periodically review user charges and fees for services and utilities to be sure that they are consistent with costs incurred by the City. (Implementation Program No. 16 from the General Plan Land Use Element). Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 115 Not Applicable: This measure is related to the City’s revenues and is not an action for the proposed Project. Coordination with Other Governmental Agencies 9. The City Community Development Department shall provide information on public and private development proposals within Tustin to other government agencies and will monitor major issues under consideration by federal and state and other adjacent local agencies which impact Tustin. (Implementation Program No. 17 from the General Plan Land Use Element. Not Applicable: This measure is related to the City’s efforts in monitoring development proposals and is not an action for the proposed Project. Environmental Compatibility 10. The City Community Development Department shall utilize the site plan and design review process and the California Environmental Quality Act, as applicable, in review of development projects to minimize environmental impacts and promote high quality design and physical appearance, compatible and sensitive to the City's natural resources and availability of municipal services and facilities. (Implementation Program No. 20 from the General Plan Land Use Element). Applicable: This measure is applicable to the proposed Project. The Project will go through the site plan and design review process and comply with CEQA. Growth Management 11. The City of Tustin will become involved in interjurisdictional coordination for various purposes, including: • Cooperating with the County of Orange, the Orange County Transportation Authority (OCTA), and other local jurisdictions through the Regional Advisory and Planning Council (RAPC), or other appointed bodies, on the implementation of Measure M and the development of future revisions. • Working with interjurisdictional forums (such as the City -County Coordinating Committee) to make sure that the City's fees are consistent with minimally acceptable impact fees for application within the larger Growth Management Area; • Participating in the Inter jurisdictional Planning Forums at the Growth Management Area (GMA) level to discuss implementation of traffic improvements, cooperative land use planning, and appropriate mitigation measures for developments with multijurisdictional impacts; • Working with the interjurisdictional forums to develop strategies for bringing about greater jobs/ housing balance at the subregional level; • Cooperating with the County of Orange in implementing the Facility Implementation Plans and collaborating in the Development Monitoring Program; • Cooperating with State, County, and local governments in planning and implementing the City's Circulation Element, and coordinating efforts to ensure orderly development; and • Coordinating population, housing, employment and land use projections with the State Department of Finance, SCAG, the County of Orange Development Monitoring Program, school and water districts. (Interjurisdictional Cooperation Plan from the General Plan Growth Management Element). Not Applicable: This measure is related to City interjurisdictional coordination and is not an action for the proposed Project. 12. Tustin will require that any new large developments prepare a comprehensive development plan and environmental impact analysis. A Specific Plan is an example of a Comprehensive Development Plan for large projects. This will allow the City to anticipate the impacts of large projects prior to development of any portion of the projects and permit more time to plan for public services and facilities needed to Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 116 support the projects. (Comprehensive Development Plan for Large Projects from the General Plan Growth Management Element). Not Applicable: The proposed Project consists of -two parcels and is not a large development project that requires a comprehensive plan. However, complete plan sets of the proposed Project have been prepared and reviewed by the City. 13. Apart from coordination with subregional inter jurisdictional forums (such as the City-County Coordinating Committee), the City will separately work with other cities and agencies in the immediate area to develop mutual agreements for review and possible conditioning of development projects. (Coordination with Adjacent Jurisdiction Plan from the General Plan Growth Management Element). Not Applicable: This measure is related to City interjurisdictional coordination and is not an action for the proposed Project. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 117 5.12. MINERAL RESOURCES Would the Project Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Summary of Impacts Identified in the GP EIR The GP EIR did not analyze impacts related to mineral resources. Proposed Project Impacts a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Not Previously Analyzed in the Prior EIR. This topic was not evaluated in the GP EIR. In order to protect the availability of mineral resources of value, the California Department of Conservation identifies sites to which continuing access is important to satisfying mineral production needs of the region and the state. The relative importance of potential mineral resource sites is indicated by inclusion in one of four Mineral Resource Zones (MRZ): • MRZ 1: No mineral resources • MRZ 2: Significant resource area (quality and quantity known) • MRZ 3: Significant resource area (quality and quantity unknown) • MRZ 4: No information (applies primarily to high-value ores) The General Plan Conservation/Open Space/Recreation Element identifies one mineral resource within the Tustin Planning Area known as Mercury-Barite in Red Hill, which is not within or adjacent to the Project site. Further, the Project site is not identified as an MRZ containing mineral resources or an area for mineral resource extraction. The Project site has a land use designation of PCCB - Planned Community Commercial/Business and is zoned PC IND - Planned Community Industrial. The Project site is not currently used or planned to be used for future extraction of mineral resources. Additionally, the Project site is fully surrounded by urban land uses (commercial and residential), and the existing land use is incompatible with mining operations. Therefore, the proposed Project would not result in the loss of availability of a known mineral resource. No impact would occur. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 118 b) Result in the loss of availability of a locally important mineral resource recovery site delineated on the general plan, specific plan, or other land use plan? Not Previously Analyzed in the Prior EIR. This topic was not evaluated in the GP EIR. As stated above, the Project site does not include any locally known significant mineral resources and is not delineated in the General Plan, any City specific plan, or other land use plan for mineral resource locations or extraction sites. Therefore, implementation of the Project would not affect the availability of locally important mineral resources and impacts related to known mineral resources would not occur. Conclusion With regards to the issue area of mineral resources, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. No mitigation measures contained within the GP EIR would be required because Project specific impacts would be less than significant. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements (DP/S/RR) None. General Plan Goals and Policies None. GP EIR Mitigation Measures None Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 119 5.13. NOISE Would the Project result in: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive ground borne vibration or ground borne noise levels? c) For a Project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the Project area to excessive noise levels? Summary of Impacts Identified in the GP EIR The GP EIR discussed noise and vibration impacts in Table 2-1 and on pages 5.5-5 through 5.5-10 and describes that development according to the General Plan will result in noise impacts adjacent to heavily traveled roadways, in presently undeveloped areas (such as East Tustin), along the Southern California Regional Rail Authority right-of-way, and adjacent to the flight path of John Wayne Airport. Short-term noise impacts will result from construction activity. The EIR determined that impacts related to noise would be less than significant with implementation of mitigation measures. Proposed Project Impacts Tustin City Code Pursuant to Tustin City Code Sections 4614 and 4615, noise levels at residential properties are restricted from exceeding certain noise levels for extended periods of time. Table N-1 provides the Tustin City Code interior and exterior noise standards that are applied to residential properties. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 120 Table N-1: Tustin City Code Residential Exterior Noise Standards Land Use Time Permissible Noise Levels (dBA) Residential 7:00 a.m. to 10:00 p.m. 55 dBA 10:00 p.m. to 7:00 a.m. 50 dBA Commercial anytime 60 dBA Industrial anytime 70 dBA Source: Tustin City Code, Article 4, Chapter 6, Section 4614 and 4615. Section 4616 of the Tustin City Code also specifies that noise sources associated with construction activities are prohibited before 7:00 a.m. and after 6:00 p.m., Monday through Friday; before 9:00 a.m. and after 5:00 p.m. on Saturdays; anytime on Sundays; or anytime during City-observed federal holidays. Federal Transit Administration (FTA) Manual Because the City does not have construction noise level limits, construction noise for the Project was assessed using criteria from the Federal Transit Administration’s (FTA) Transit Noise and Vibration Impact Assessment Manual (FTA, 2018). Table N-2 presents the FTA’s general assessment daytime construction noise criteria. Table N-2: Federal Transit Administration Daytime Construction Noise Criteria Land Use Daytime 1-hour Leq (dBA) Residential 80 Commercial 85 Industrial 90 Source: FTA, 2018. Caltrans Vibration Guidance Manual There are no vibration standards that are specifically applicable to the proposed Project; hence, California Department of Transportation’s (Caltrans) Transportation and Construction Vibration Guidance Manual guidelines are used as a screening tool for assessing the potential for adverse vibration effects related to human perception, which are listed in Table N-3. Table N-3: Vibration Screening Standards Caltrans Guidelines for Human Annoyance Levels Peak Particle Velocity for Continuous Sources (PPV) (in/sec) Barely Perceptible 0.01 Distinctly Perceptible 0.04 Strongly Perceptible 0.10 Severe 0.40 Source: Caltrans Transportation and Construction Vibration Guidance Manual, September 2013, Tables 19 & 20. Table N-4 lists the potential vibration building damage criteria associated with construction activities, as suggested in the Caltrans Manual. Caltrans’ guidelines show that a vibration level of up to 0.3 in/sec in PPV is considered safe for older residential structures and a vibration level of up to 0.5 in/sec in PPV is considered Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 121 safe for newer residential structures and modern industrial or commercial buildings and would not result in any construction vibration damage. Table N-4: Construction Vibration Damage Criteria Structure / Condition PPV (in/sec) Extremely fragile historic buildings, ruins, ancient monuments 0.08 Fragile buildings 0.10 Historic and some old buildings 0.25 Older residential structures 0.30 New residential structures 0.50 Modern industrial / commercial buildings 0.50 Source: Table 19, Transportation and Construction Vibration Guidance Manual (Caltrans 2020). Caltrans = California Department of Transportation in/sec = inches per second PPV = peak particle velocity a) Generation of substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local General Plan or noise ordinance, or applicable standards of other agencies? No New Impact. This topic was evaluated in the GP EIR on page 5.5-8 through 5.10-10 and was determined to have a less than significant impact with implementation of mitigation. Construction The Project would demolish the existing 117,805 square foot two-story commercial building with warehouse and parking lot. The Project would redevelop the site with two light industrial buildings that would total 177,696 SF. The Project would also include the reconstruction of the parking areas, driveways, easement infrastructure, and utility improvements. Noise generated by construction equipment would include a combination of trucks, power tools, concrete mixers, and portable generators that can reach high levels when combined. Construction is expected to occur in the following stages: demolition, site preparation and grading, building construction, architectural coating, and paving. As shown in Table N-5, it is estimated that construction noise levels at a distance of 50 feet would range from 73 dBA Leq to 85 dBA Leq. Table N-5: Construction Reference Noise Levels Equipment Description Acoustical Usage Factor (%) Maximum Noise Level (Lmax) at 50 Feet Auger Drill Rig 20 85 Backhoes 40 80 Compactor (ground) 20 80 Compressor 40 80 Cranes 16 85 Dozers 40 85 Dump Trucks 40 84 Excavators 40 85 Flat Bed Trucks 40 84 Forklift 20 85 Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 122 Equipment Description Acoustical Usage Factor (%) Maximum Noise Level (Lmax) at 50 Feet Front-end Loaders 40 80 Graders 40 85 Jackhammers 20 85 Paver 50 85 Pickup Truck 40 55 Pneumatic Tools 50 85 Pumps 50 77 Rock Drills 20 85 Rollers 20 85 Scrapers 40 85 Tractors 40 84 Trencher 50 82 Welder 40 73 Source: FHWA Roadway Construction Noise Model User’s Guide, Table 1 (FHWA 2017). Note: Noise levels reported in this table are rounded to the nearest whole number. FHWA = Federal Highway Administration Lmax = maximum instantaneous sound level The FTA Transit Noise and Vibration Impact Assessment Manual (FTA, 2018) details that sound levels natural attenuate with distance and that localized noise sources attenuate with distance at a rate of approximately 6 dB per doubling of distance. The closest noise sensitive receptors to the Project site are multi-family residences that are 200 feet west of the site across from Tustin Ranch Road. At a distance of 200 feet, the anticipated noise from construction would attenuate to approximately 61 dBA Leq to 73 dBA Leq, which would not exceed the construction noise threshold of 80 dBA. Also, per the Tustin City Code Section 4616, construction activities are allowed only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays, with no activity allowed on Sundays and City-observed federal holidays. Construction activities for the Project would occur within the City’s designated hours and the Project would therefore be in compliance with the City’s construction-related noise standards, and impacts would be less than significant. Operation Operational noise generated from the Project would be consistent with the existing operational noise from the existing building, and the same types of onsite activities would occur. The 22 dock doors would be located within the shared truck court located between Buildings 1 and 2, which would shield noise from the truck court. In addition, as presented in Table T-1, in Section 5.17, Transportation, the proposed Project would result in a reduction of 210 daily PCE trips in comparison to the existing uses on the site that would result in a reduction in traffic noise. Further, site plan review during the permitting process would ensure that noise associated with the on-site HVAC equipment would not exceed the City’s noise standard and impacts related to stationary noise would be less than significant. In addition, the closest residences are located approximately 200 feet to the west across Tustin Ranch Road. Due to the distance and intervening roadway that is elevated as part of the I-15 overpass, the residences would not be impacted from operational noise at the Project site. Therefore, noise impacts from Project would be less than significant. As such, no new or increase impacts related to noise would occur from the proposed Project. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 123 b) Generation of excessive ground borne vibration or ground borne noise levels? No New Impact. Construction The Project would demolish the existing 117,805 square foot two-story commercial building with warehouse and parking lot. The Project would redevelop thew site with two light industrial buildings that would total 177,696 SF. The Project would also include the reconstruction of the parking areas, driveways, easement infrastructure, and utility improvements. Construction activity can cause varying degrees of ground vibration, depending on the equipment and methods used, the distance to receptors, and soil type. Construction vibrations are intermittent, localized intrusions. The use of heavy construction equipment, particularly large bulldozers, and large loaded trucks hauling materials to or from the site generate construction-period vibration impacts. The Transportation and Construction Vibration Guidance Manual prepared by California Department of Transportation (Caltrans), has identified vibration at the level of 0.01 in/sec RMS as barely perceptible and vibration at 0.04 in/sec RMS as distinctly perceptible and is considered the annoyance threshold. Based on the reference vibration levels provided by Caltrans, as shown in Table N-6, a large bulldozer represents the peak source of vibration with a reference velocity of 0.089 in/sec PPV or 0.062 in/sec RMS at 25 feet. Groundborne vibration generated by construction equipment spreads through the ground and diminishes in magnitude with increases in distance. Table N-6: Vibration Source Levels for Construction Equipment Equipment Reference PPV/Lv at 25 feet Peak Particle Velocity (inches/second) RMS (inches/second) Hoe Ram 0.089 0.062 Large Bulldozer 0.089 0.062 Caisson Drilling 0.089 0.062 Loaded Trucks 0.076 0.053 Jackhammer 0.035 0.025 Small Bulldozer 0.003 0.002 Source: Caltrans, 2020. 1 RMS vibration velocity in decibels (VdB) is 1 µin/sec. 2µin/sec = microinches per second; ft = foot/feet; FTA = Federal Transit Administration; in/sec = inch/inches per second; LV = velocity in decibels; PPV = peak particle velocity; RMS = root-mean-square; VdB = vibration velocity decibels A significant vibration impact due to structural damage could occur if construction activities of the Project generate vibration levels which exceed 0.3 in/sec at older residential structures or 0.5 in/sec PPV at newer residential structures and modern industrial or commercial buildings per Caltrans standards. The closest residential structures are approximately 200 feet from construction and the closest commercial/industrial structures are approximately 100 feet from construction. Thus, the vibration level would attenuate to be lower than 0.089 in/sec PPV and would not exceed the Caltrans 0.3 in/sec PPV threshold considered safe for older residential structures and the 0.5 in/sec PPV threshold for newer residential structures and modern industrial or commercial buildings. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 124 Also, a significant vibration impact due to annoyance could occur if construction activities of the Project generate vibration levels which exceed 0.04 in/sec RMS. The vibration level of 0.062 in/sec RMS at 25 feet would attenuate to 0.008 in/sec RMS at 100 feet and 0.003 in/sec RMS at 200 feet, and Project construction vibration levels would not exceed the threshold at the closest receptors. Therefore, Project construction would result in a less than significant impact related to vibration annoyance. Additionally, Section 4616 of the Tustin City Code specifies that noise sources associated with construction activities are prohibited before 7:00 a.m. and after 6:00 p.m., Monday through Friday; before 9:00 a.m. and after 5:00 p.m. on Saturdays; anytime on Sundays; or anytime during City-observed federal holidays. As such, construction related vibration would not occur during sensitive nighttime hours. Therefore, impacts related to construction vibration would be less than significant. No new impact would occur. Operation Once operational, the Project would not be a significant source of groundborne vibration. Groundborne vibration levels generated from Project-related traffic on the adjacent roadways are unusual for on- road vehicles because the rubber tires and suspension systems of on-road vehicles provide vibration isolation. As described previously, the Project would result in a reduction in vehicle trips compared to the existing building on the site. Additionally, based on a reference vibration level of 0.076 in/sec PPV, structures greater than 20 feet from the roadways that contain Project trips would experience vibration levels below the most conservative standard of 0.12 in/sec PPV. Therefore, vibration levels generated from project-related traffic on the adjacent roadways would be less than significant. No new impact would occur. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No New Impact. This topic was evaluated in the GP EIR on page 5.5-4 through 5.5-9 and was determined to have a less than significant impact with implementation of mitigation. The proposed Project is not located within an airport land use plan or within two miles of an airport. The closest airport to the Project site is John Wayne Airport, which is located approximately 4.5 miles to the southwest. In addition, the Project site is not within the 60-65 dBA CNEL noise contour of the airport. Therefore, the proposed Project would not result in airport-related noise impacts to people residing or working within the Project site. No new impact would occur. Conclusion With regards to the issue area of noise, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. No mitigation measures contained within the GP EIR would be required because Project specific impacts would be less than significant. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements The proposed Project would be subject to comply with the City’s Code requirements as listed below: Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 125 Construction Hours. Per the Tustin City Code Section 4616, construction activities are allowed only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday and between 9:00 a.m. to 5:00 p.m. on Saturdays with no activity allowed on Sundays and City-observed federal holiday. General Plan Goals and Policies The General Plan noise related goals and policies that are applicable to the proposed Project include the following: Noise Element Policy 2.4: Review proposed projects in terms of compatibility with nearby noise-sensitive land uses with the intent of reducing noise impacts. GP EIR Mitigation Measures Transportation Noise Control 1. The principal method of protecting sensitive land uses from traffic noise is the construction of noise barriers in concert with road improvement projects. The City Community Development and Public Works Departments/ Engineering Division shall request, where necessary to mitigate identified adverse significant noise impacts, the inclusion of soundwalls, earthen berms, or other acoustical barriers as part of any Caltrans or OCTA roadway project. (Implementation Program No. 1 from the General Plan Noise Element). Not Applicable: The proposed Project is not a roadway improvement Project. 2. The principal methods of protecting sensitive land uses from rail vehicle noise are the construction of noise barriers, reduction of vehicle speed, the use of well-maintained welded track, rubberized crossings and whistle blowing procedures. The City Community Development Department and Public Works Departments/ Engineering Division shall seek assistance from Southern California Regional Rail Authority, OCTA, and Amtrak in achieving these methods of noise protection for residential and other sensitive uses. (Implementation Program No. 2 from the General Plan Noise Element). Not Applicable: The proposed Project does not involve rail vehicle noise. 3. To minimize or reduce noise impacts on residential and other sensitive land uses, the City Community Development, Public Works/Engineering Division, and Police Departments shall: • Enforce and periodically evaluate truck and bus movements and routes to reduce impacts on sensitive areas; and • Promote coordination between City Police and the California Highway Patrol to enforce the State Motor Vehicle noise standards. (Implementation Program No. 3 from the General Plan Noise Element). Not Applicable: This measure is related to City evaluation of bus and truck routes and coordination with the California Highway Patrol and is not an action for the proposed Project. 4. The Community Development Department shall: • Continue to participate in the planning processes for John Wayne Airport, MCAS Tustin, and MCAS EI Toro to avoid increased noise exposure from the aviation activities associated with these facilities; and • Prohibit residential construction where aircraft noise exposure exceeds 65 dB. (Implementation Program No. 4 from the General Plan Noise Element). Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 126 Not Applicable: This measure is related to airport noise, which is not related to the warehousing project and is not an action for the proposed Project. 5. The City Community Development Department shall continue to review and report on the noise reports received concerning John Wayne Airport to identify any of the areas of the City where negative impacts exist in order to implement mitigation efforts, which could include lobbying of the FAA and related agencies for tighter restrictions on aircraft types. (Implementation Program No. 5 from the General Plan Noise Element). Not Applicable: This measure is related to City review of airport noise and is not an action for the proposed Project. Noise and Land Use Planning Integration 6. Through the Design Review process Noise Element Standards of compatibility described in Tables N-2 and N-3 of the Element, the City Community Development Department shall apply the noise standards to new development proposals and methods to mitigate anticipated impacts, such as building orientation and acoustical barriers, shall be applied to meet the standards. (Implementation Program No. 6 from the General Plan Noise Element). Applicable: The Project would be compliant with City noise regulations. 7. Interior and exterior noise levels for proposed new development shall be required by the Community Development Department to meet the California Noise Insulation Standards (Title 25 of the California Administrative Code). These standards shall also be applied to all single-family developments and condominium conversion projects where feasible. (Implementation Program No. 7 from the General Plan Noise Element). Applicable: The Project would be compliant with California Noise Insulation Standards as verified by the City during the development review and permitting process. 8. Acoustical analysis reports prepared by a qualified acoustical engineer will be required by the Community Development Department for new sensitive land uses within Noise Impact Areas identified in the Noise Plan. (Implementation Program No. 8 from the General Plan Noise Element). Not Applicable: The proposed Project does not consist of a new sensitive land use, and the Project is not within Noise Impact Area. Non-Transportation Noise Control 9. The City Community Development and Police Departments shall enforce its Noise Ordinance to reduce excessive noise from site specific sources, such as construction activity, mechanical equipment, truck traffic, loading and unloading activities, and other sources. (Implementation Program No. 9 from the General Plan Noise Element). Not Applicable: This measure is related to City enforcement of the Noise Ordinance and is not an action for the proposed Project. However, the Project would comply with the City’s noise ordinance as verified by the City through the development review and permitting process. 10. The City Community Development Department shall periodically review its Noise Ordinance, policies and regulations affecting noise sources in order to conform with changes in legislation and/ or technologies. (Implementation Program No. 10 from the General Plan Noise Element). Not Applicable: This measure is related to City review of its noise ordinance and is not an action for the proposed Project. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 127 11. All City departments shall comply with all state and federal OSHA noise standards and all new equipment purchases shall comply with state and federal noise standards. (Implementation Program No. 11 from the General Plan Noise Element). Not Applicable: This measure is related to City compliance with all state and federal OSHA noise standards for equipment purchases and is not an action for the proposed Project. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 128 5.14. POPULATION AND HOUSING Would the Project: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Summary of Impacts Identified in the GP EIR The GP EIR discussed impacts to population and housing in Table 2-1 and on pages 5.8-3 through 5.8-12 and determined that buildout of the General Plan will result in the addition of a maximum of 7,479 dwelling units and 8.9 million square feet of non-residential uses. The population of the Planning Area is projected to increase approximately 38 percent from 79,365 to 109,284 persons. The population of the City of Tustin incorporated area will increase 31 percent from approximately 52,145 to 68,272 persons. The projected population for the incorporated part of the Planning Area, (i.e., the City of Tustin), is consistent with County population growth projections. The projected population growth from General Plan implementation is substantial and will correspond to an increased demand for affordable housing. The EIR determined that implementation of the General Plan would result in less than significant impacts with implementation of mitigation. Proposed Project Impacts a) Induce substantial unplanned population growth in an area, either directly or indirectly? No New Impact. This topic was evaluated in the GP EIR on pages 5.8-3 through 5.8-6 and was determined to have a less than significant impact with the implementation of mitigation. GP EIR page 5.8-4 describes that buildout projections in the EIR are based on full buildout of the land use densities allowed by the General Plan. As described previously, the Project site has a General Plan land use designation of PCCB - Planned Community Commercial/Business that allows a FAR of 1.5:1. The proposed Project would be consistent with the General Plan allowable business uses and would result in a FAR of 0.49, which would be within the allowable FAR; and therefore, within the General Plan buildout that was evaluated in the GP EIR. Thus, the Project would not result in direct unplanned population growth in the area. Additionally, the proposed Project is in an urbanized residential area of the City that is already served by existing roadways and infrastructure systems. No infrastructure would be extended to serve areas beyond Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 129 the Project site, and indirect impacts related to growth would not occur from implementation of the proposed Project. Therefore, no new impacts related to inducement of unplanned population growth, either directly or indirectly. b) Displace substantial numbers of existing people housing, necessitating the construction of replacement housing elsewhere? No New Impact. This topic was evaluated in the GP EIR on page 5.11-6 and was determined to have no significant impact. The Project would remove the existing commercial and industrial building and redevelop the Project site with two new industrial warehousing buildings. No people or housing would be displaced by implementation of the proposed Project. Thus, the Project would not necessitate the construction of replacement housing elsewhere, and no new impacts would occur. As such, the proposed Project is consistent with the findings of the GP EIR. Conclusion With regards to the issue area of population and housing, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. No mitigation measures contained within the GP EIR would be required because Project specific impacts would be less than significant. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements (DP/S/RR). None. General Plan Goals and Policies None GP EIR Mitigation Measures 1. The City Community Development Department and City Council shall continue to utilize Planned Community Districts and Specific Plans to authorize and encourage mixed-use developments. (Implementation Program No. 1 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential or mixed-use developments and the Project site is not zoned for either residential or mixed-uses. 2. The City Community Development Department and City Council shall continue to maintain the City's mobile home park zone and process conditional use permit applications as received for manufactured homes. (Implementation Program No. 2 from the General Plan Housing Element). Not Applicable: The Project does not involve any mobile homes and the Project site is not zoned for mobile home uses. 3. The City Community Development Department and City Council shall continue to provide opportunities for affordable granny flats and secondary residential dwelling units in the Single- family Residential Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 130 District through existing Zoning Ordinance provisions. (Implementation Program No. 3 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 4. The City Community Development Department and City Council shall continue to require developers converting apartments to condominiums to process a use permit, provide relocation assistance, and/ or to provide incentives and assistance for purchase of the units by low- and moderate-income households. (Implementation Program No. 4 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 5. The Redevelopment Agency shall replace housing units demolished when the Agency undertakes a project pursuant to the requirements of the California Community Redevelopment Law. In terms of replacement housing for units lost as a result of freeway widening, the City shall explore requests for CalTrans funds for replacement housing. (Implementation Program No. 5 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. No residential units would be lost, and no freeway widening is involved. 6. The protection of tenant rights is incorporated within State law and rent control is believed to be best controlled by the supply and demand of the market place. The City Community Development Department will encourage the County to continue its contract under the "Urban County" program for the provision of counseling and dispute resolution services by the Fair Housing Agency. (Implementation Program No. 6 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 7. The City Community Development Department, Redevelopment Agency, and City Council shall require appropriate deed restrictions to ensure continued affordability for low- or moderate-income housing constructed or rehabilitated with the assistance of any public or Redevelopment Agency funds as may be legally required by the use of such funds. (Implementation Program No. 7 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 8. The City Community Development Department shall continue to enforce building and housing codes including notification of taxing agencies upon failure to gain code compliance from the property owner. (Implementation Program No. 8 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 9. The City Community Development Department shall continue to utilize procedures for pre-application conferences and processing procedures to expedite permit processing. Approximately 100 projects per year may use this system. (Implementation Program No. 9 from the General Plan Housing Element). Not Applicable: This measure is related to City application processing and procedures and is not an action for the proposed Project. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 131 10. The City Community Development Department, with the County of Orange and Federal Department of Housing and Urban Development shall allocate available CDBG and Redevelopment Agency funds to finance both public improvements and rehabilitation of residential units in target areas within the City. (Implementation Program No. 10 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 11. The City Community Development Department shall ensure that processing of permits for low- and moderate-income housing are fast-tracked with low- and moderate-income housing permits being given priority over other permit applications. Continue the services of the City's Community Development Department as a central clearinghouse with individuals assigned the responsibility of expediting development permits required from various departments and agencies. (Implementation Program No. 14 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 12. The City Community Development Department shall provide 20 percent housing set- aside tax increment funds from the South Central and Town Center Redevelopment Projects, where available, to assist in providing housing accommodations for low- and moderate-income households. (Implementation Program No. 17 from the General Plan Housing Element). Not Applicable: This measure is related to housing set aside funds for housing redevelopment and is not an action for the proposed Project. 13. The City Community Development Department shall require all new construction to be subject to State energy conservation requirements (Title 24) as a condition for the issuance of a building permit. (Implementation Program No. 18 from the General Plan Housing Element). Applicable: The proposed Project would be compliant with all Title 24 and CalGreen energy regulations that would be verified by the City during the development review and permitting process. 14. The City Community Development Department shall require new multi-family housing units and apartment conversions to condominiums to comply with State specifications for accommodation of the handicapped. (Implementation Program No. 19 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 15. The City Community Development Department shall encourage the maintenance of twenty units of affordable housing for Seniors located at 17142 Mitchell Avenue and a senior citizen board and care facility in operation at 1282 Bryan Avenue, funded with Industrial Development Bonds. (Implementation Program No. 20 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 16. The City Building Division shall continue to require all common facilities in the East Tustin Area to be pre- wired for passive solar installations. (Implementation Program No. 22 from the General Plan Housing Element). Not Applicable: The proposed Project is not located in the East Tustin area. However, the Project would be compliant with all Title 24 and CalGreen energy regulations related to solar that would be verified by the City during the development review and permitting process. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 132 17. The City Community Development Department shall monitor the implementation of the affordable housing program adopted as a part of the East Tustin Specific Plan. (Implementation Program No. 23 from the General Plan Housing Element). Not Applicable: The proposed Project is not located in the East Tustin Specific Plan area. The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 18. The City shall study recent bonding authority legislation and encourage utilization of State or County issue of these bonds. In keeping with the community goal of encouraging owner-occupied housing units, place special emphasis on those bonding programs that promote homeownership, such as SB 1862, AB 3507 and Section 235 of the Housing and Urban Recovery Act of 1983. Consider those programs, where needed, to provide for rental-occupied construction. (Implementation Program No. 24 from the General Plan Housing Element). Not Applicable: The measure is related to City bonds for housing and not related to the warehousing Project, The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 19. The City Redevelopment Agency shall utilize 20% housing set- aside funds as subsidies (i.e., land write downs, acquisition and rehabilitation assistance grants and loans, etc.) from the South Central Redevelopment Project to reduce the affordability gap for developing new and rehabilitating existing owner and rental units for low- and moderate-income households. (Implementation Program No. 25 from the General Plan Housing Element). Not Applicable: This measure is related to housing set aside funds for housing redevelopment and is not an action for the proposed Project. The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 20. The City Community Development Department with the County of Orange shall continue to make applications for CDBG Funds through the Urban County Program to be administered by the Orange County Environmental Management Agency for the rehabilitation of single- family, mobile homes and multi-family units. In Federal Fiscal Year 1993-94, the City is expected to become an entitlement city and will be able to apply directly to HUD. (Implementation Program No. 26 from the General Plan Housing Element). Not Applicable: This measure is related to funding for housing and is not an action for the proposed Project. The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 21. The City Community Development Department and Redevelopment Agency shall continue to identify sites that are suitable for senior citizen housing projects. These sites will be promoted for private development and applications will be made for any available subsidy funds. (Implementation Program No. 28 from the General Plan Housing Element). Not Applicable: This measure is related to housing for seniors and is not an action for the proposed Project. The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 22. The City Community Development Department and Redevelopment Agency shall continue to identify substandard housing units and those that are otherwise identified as being a threat to the health and safety of the occupants. Take actions pursuant to the law to demolish, rebuild or correct the code violations. (Implementation Program No. 29 from the General Plan Housing Element). Not Applicable: This measure is related to identification of substandard housing and is not an action for the proposed Project. The Project does not involve any residential developments, and the Project site is not zoned for residential uses. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 133 23. The City Community Development Department shall require that Environmental Impact Reports and subdivision plans address energy conservation measures and solar access. Include, as necessary, mitigating measures to ensure that developers implement the requirements of Title 24. (Implementation Program No. 30 from the General Plan Housing Element). Applicable: The proposed Project would be compliant with all Title 24 and CalGreen energy regulations that would be verified by the City during the development review and permitting process. 24. The City Community Development Department shall continue to encourage developers to consolidate individual lots into larger cohesive developments. Density bonuses may be considered as an incentive to consolidate lots. (Implementation Program No. 31 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 25. To reduce initial housing costs, the City Community Development Department shall continue to encourage the construction of housing units that incorporate design features providing the opportunity to expand habitable area as family needs change. (Implementation Program No. 32 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 26. From the date of adoption of the Housing Element, the City Community Development Department shall prepare an annual report to the Planning Commission assessing previous years accomplishments toward meeting Housing Element objectives. Submit the Annual Report to the State HCD. (Implementation Program No. 33 from the General Plan Housing Element). Not Applicable: This measure is related to the Housing Element and City reports related to housing and is not an action for the proposed Project. The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 27. The County of Orange has developed a CHAS for all non-entitlement jurisdictions in the County, which includes the City of Tustin. Upon obtaining entitlement status under the CDBG program, the City of Tustin Community Development Department shall prepare a CHAS of its own which provides a comprehensive assessment of housing needs, a housing development plan incorporating Federal, State and local public and private resources, and a one year implementation plan. (Implementation Program No. 34 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses 28. There are a large number of structures in the City that were constructed before and after the turn of the century following the Columbus Tustin Subdivision in 1887. The City Community Development Department shall continue to utilize the City's Cultural Resources Overlay District to safeguard the heritage of the City by preserving neighborhoods and structures which reflect the City's heritage and past. Through the District, promote the public and private enjoyment, use and preservation of culturally significant neighborhoods and structures. Continue to require that any alteration of a designated resource or construction improvements in the District conform to the requirements of the Cultural Resources Overlay District. (Implementation Program No. 36 from the General Plan Housing Element). Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 134 Not Applicable: This measure is not applicable to the Project as no historic resources exist on the Project site and the Project is not located within the Cultural Resources Overlay District. 29. The City shall continue to provide housing referral services to families in need of housing assistance and information. This program consists of three City departments disseminating information to the public at all times. The Police Department refers homeless people to different agencies which provide shelters and food for various segments of the population. The Community Services Department provides housing information and social service information to the senior citizen population. The Community Development Department provides housing and social service information to all segments of the population during regular city hall business hours. This Department also serves as a clearinghouse for the Community Development Block Grant Program and represents the City at Housing Authority and OCHA Advisory Committee Meetings. The three city departments utilize the following documents and also make these documents available to the public: • Directory of Senior Citizen's Services - prepared by the Area Agency on Aging - Senior Citizen's Office. • Senior Housing Resources - prepared by Orange County Shared Housing Steering Committee. • Social Service Assistance Booklet - prepared by Connection Plus. • Orange County Housing Directory - prepared by OCHA and the OCHA Advisory Committee. (Implementation Program No. 37 from the General Plan Housing Element). Not Applicable: This measure is related to housing referral services and is not an action for the proposed Project. The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 30. In order to facilitate the new construction goals of the 1989- 1994 Regional Housing Needs Assessment, the City Redevelopment Agency shall initiate studies to consider new programs to encourage and promote affordable housing. These studies include: • Potential for creating mixed- use zones in the City; • Incorporate mandatory inclusionary policies in the zoning provisions (either on or off-site) for housing units developed or rehabilitated by the Redevelopment Agency or by other public or private entities (since 30% of units developed by an Agency must be affordable and 15% of units developed or rehabilitated by other public or private entities); and • Consider relaxation of certain development standards and incentives that could be provided for projects which include affordable housing units. (Implementation Program No. 38 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 31. The City of Tustin has adopted standards for private streets in new residential developments. To reduce construction costs, the City Community Development Department may permit developers to install private rather than public streets, wherever feasible. (Implementation Program No. 39 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 135 32. Tustin has two low-income housing projects (Tustin Gardens and Orange Gardens) with a total of 260 units at risk of conversion to market rate prior to 1999. If project owners choose to convert the projects to market rate housing, the City Community Development Department and Redevelopment Agency shall coordinate the provision of financial and administrative resources to preserve these units as affordable housing. The following four specific actions will be taken to protect (or replace) at risk units: • Monitor units at risk; • Provide tenant education; • Work with nonprofits; and • Earmark Funds. The following is a more thorough discussion of each action: a) Monitor Units at Risk: Maintain contact with owners of at risk units as potential conversion dates approach to determine whether Section 8 contracts have been renewed or are planned to be renewed. Discuss with the owner of the "at risk" projects the City's desire to preserve the units as affordable. b) Tenant Education: Work with tenants of at risk units in danger of converting. Provide tenants with information regarding potential tenant purchase of buildings including written information and any related workshops. Act as a liaison between tenants and nonprofits potentially involved in constructing or acquiring replacement housing. If existing staff is not able to provide adequate staffing for this program, provide outside consultants to support the program. c) Work With Nonprofits: Work with nonprofit housing providers to explore and if appropriate, facilitate acquisition or replacement of at risk units. d) Reserve Fund: Earmark development housing set-aside funds to assist priority purchasers with the downpayment and closing costs associated with purchasing projects at risk. Continue to monitor other potential funding sources, such as State grants and HUD. (Implementation Program No. 40 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 33. The State of California has determined that the over-riding value is the protection of the health and safety of residential occupants. The City Community Development Department shall continue to adopt the Uniform Building Code pursuant to the state directives and where local amendments are proposed to reflect local climatic, geologic or topographic conditions, and minimize, wherever possible, impacts on provision of housing. (Implementation Program No. 41 from the General Plan Housing Element). Not Applicable: The measure is related to City actions and the Project does not involve any residential developments. 34. The requirement for the developer to construct site improvements often result in passing these costs on to the housing consumer. These costs are reflected in the cost of housing which eliminates an even greater proportion of the population from financially qualifying for the purchase of housing. The financing of public improvements by a special assessment district on a per parcel benefit basis may enable a greater proportion of the market to qualify for housing. Assessment district financing has been implemented in the East Tustin area and is being used to pay for public improvements. In creating any new assessment districts, the City shall complete an evaluation of the developer's activity to advance pay off bonds at the close of escrow. (Implementation Program No. 42 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments or assessment districts. 35. The City Community Development Department shall consider waiving or modifying various fees or exactions normally required where such waiver will reduce the affordability gap associated with providing housing of the elderly and for low income households. (Implementation Program No. 43 from the General Plan Housing Element). Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 136 Not Applicable: The Project does not involve any residential developments, and the Project site is not zoned for residential uses. 36. The City Community Development Department shall continue to alleviate the necessity of delays in processing, and mitigating requirements incorporated into the development plans by requiring program environmental impact reports (EIR) on all major development projects. A program EIR was developed for the East Tustin Specific Plan. (Implementation Program No. 44 from the General Plan Housing Element). Not Applicable: The Project does not involve a major projects for which an EIR should be prepared. 37. The City of Tustin has a draft Density Bonus Policy. Applicants under State law may file for density bonuses when projects incorporate 25% of units for low income persons; 10% of units for very low-income units; or 50% of units for senior citizens. Upon receipt of the City's first application, pursuant to this provision of law, the City shall adopt a density bonus policy within 90 days of receipt of a density bonus application as required by law. (Implementation Program No. 45 from the General Plan Housing Element). Not Applicable: The Project does not involve any residential developments or density bonus. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 137 5.15. PUBLIC SERVICES Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Fire protection? b) Police protection? c) Schools? d) Parks? e) Other public facilities? Summary of Impacts Identified in the GP EIR The GP EIR discussed impacts to public services in Table 2-1 and on pages 5.10-1 through 5.10-10 and determined impacts would be less than significant with implementation of mitigation measures. The GP EIR determined that increased development in Tustin will result in increased risk of structural fires and increased demand for fire protection services. Future development projects will only be approved if fire protection service is sufficient to meet the increased demand, and mitigation measures were included to reduce potential impacts to a less than significant level. Regarding law enforcement services, the Tustin Police Department has the projected resources to increase the supply of law enforcement services to Tustin, and no problems are expected in meeting the additional demands for protection and maintaining acceptable service levels. The GP EIR also determined that implementation of the General Plan will result in larger student enrollment and increased demand on schools. Additional students will further aggravate overcrowded conditions in Tustin schools. Proposed Project Impacts a) Fire Protection and Emergency Services No New Impact. This topic was evaluated in the GP EIR on pages 5.10-1 through 5.10-4 and was determined to have a less than significant impact. Fire protection and emergency services in the City of Tustin are provided by the Orange County Fire Authority (OCFA). Five existing fire stations within Tustin, Santa Ana and the unincorporated County would serve the Project site. The nearest responding stations are Station 37, which is 2.6 miles from the Project site and Station 21 that is 3.4 miles from the Project site. Implementation of the Project would be required to adhere to the California Fire Code, as included in the Tustin City Code Article 8, and ensured through the City’s development review and permitting process. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 138 As described previously, the Project is currently developed with one 117,805 square foot two-story commercial building with warehouse and parking lot. The Project would redevelop the site with two light industrial buildings that would total 177,696 SF. No new residents would occur onsite that would directly increase demand for fire protection services. In addition, the number of employees on the site would not substantially change such that new fire protection facilities or services would be required. As detailed in Section 5.17, Transportation, the Project would result in a reduction of 374 passenger car trips per day, which indicate a reduction of persons on the site. Thus, it is not anticipated that an increased need for fire protection services compared to the existing development on the site. Therefore, the proposed Project would not result in the construction of new or expanded fire stations to maintain acceptable service levels. Impacts related to fire protection services from the proposed Project would be less than significant and no new impacts related to fire protection services would occur. b) Police Protection No New Impact. This topic was evaluated in the GP EIR on pages 5.10-4 through 5.10-5 and was determined to have a less than significant impact. The Tustin Police Department (TPD) provides policing services throughout the City of Tustin. Tustin Police Department has one station located at 300 Centennial Way, which is approximately 3.3 roadway miles southeast of the Project site. The TPD is staffed by nearly 100 full-time sworn officers and 55 civilian support personnel (City of Tustin, n.d.). According to the CDOF, the City of Tustin had a residential population of 79,175 as of January 2026 (California Department of Finance, 2026). Thus, there is an estimated less than one officer per 1,000 residents. As described previously, the Project is currently developed with one 117,805 square foot two-story commercial building with warehouse and parking lot. The Project would redevelop the site with two light industrial buildings that would total 177,696 SF. No new residents would occur onsite that would directly increase demand for police protection services. In addition, the number of employees on the site would not substantially change such that new police protection facilities or services would be required. As detailed in Section 5.17, Transportation, the Project would result in a reduction of 374 passenger car trips per day, which indicate a reduction of persons on the site. Thus, it is not anticipated that an increased need for police protection services compared to the existing development on the site. Therefore, the proposed Project would not result in the construction of new or expanded police stations to maintain acceptable service levels. Impacts related to police protection services from the proposed Project would be less than significant and no new impacts related to police protection services would occur. c) School Services No New Impact. This topic was evaluated in the GP EIR on pages 5.10-6 through 5.10-10 and was determined that impacts to school services would be reduced to less than significant with incorporation of mitigation. The Project site is located within the Tustin Unified School District (TUSD). The TUSD currently operates 30 schools, including 3 TK–8 schools, 16 elementary schools, 4 middle schools, 1 school serving grades 6–12, 5 high schools, and 1 adult school (Tustin Unified School District, n.d.). As described previously, the Project is currently developed with one 117,805 square foot two-story commercial building with warehouse and parking lot. The Project would redevelop the site with two light industrial buildings that would total 177,696 SF. No new residents would occur onsite that would directly increase demand for school services and the Project would not directly generate students. In addition, the number of employees on the site would not substantially change such that new or expanded school facilities would be required. As detailed in Section 5.17, Transportation, the Project would result in a reduction of 374 passenger car trips per day, which indicate a reduction of persons on the site. Thus, it is not anticipated that an increased need for school services compared to the existing development on the site and the proposed Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 139 Project would not generate the need for new or physically altered school facilities. Impacts would be less than significant. Additionally, pursuant to Government Code Section 65995 et seq., the need for additional school facilities is addressed through compliance with school impact fee assessment. Senate Bill 50 (Chapter 407 of Statutes of 1998) sets forth a state school facilities construction program that includes restrictions on a local jurisdiction’s ability to condition a project on mitigation of a project’s impacts on school facilities in excess of fees set forth in the Government Code. These fees are collected by school districts at the time of issuance of building permits for development projects. The Project would be required to contribute fees to the TUSD in accordance with the Leroy F. Greene School Facilities Act of 1998 (i.e., SB 50). Pursuant to SB 50, payment of school impact fees constitutes complete mitigation under CEQA for Project‐related impacts to school services. Therefore, the Project would result in no new impacts related to school services. d) Parks No New Impact. This topic was evaluated in the GP EIR on pages 5.12-4 through 5.12-9 and was determined to have a less than significant impact with mitigation. As detailed previously, the Project would redevelop the site with two light industrial buildings that would total 177,696 SF. No new residents would occur onsite that would directly require recreational facilities. In addition, the number of employees on the site would not substantially change such that new recreational facilities would be required or that physical deterioration of the facilities would be accelerated. As detailed in Section 5.17, Transportation, the Project would result in a reduction of 374 passenger car trips per day, which indicates a reduction of persons on the site and a reduction in need for park facilities. Therefore, the Project is not anticipated to increase the use of existing parks such that substantial physical deterioration of such parks and facilities would occur. Impacts would be less than significant and no new impact would occur. e) Other Public Facilities Not Previously Analyzed in the Prior EIR. This topic was not evaluated in the GP EIR. As detailed previously, the Project would redevelop the site with two light industrial buildings that would total 177,696 SF. No new residents would occur onsite that would directly increase demand for public services, including public health services and library services. In addition, the number of employees on the site would not substantially change such that new or expanded public facilities would be required. As detailed in Section 5.17, Transportation, the Project would result in a reduction of 374 passenger car trips per day, which indicate a reduction of persons on the site. Thus, it is not anticipated that an increased need for public services compared to the existing development on the site. Therefore, impacts related to other public services would be less than significant. No new impact would occur. Conclusion With regards to the issue area of public services, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. No mitigation measures contained within the GP EIR would be required because Project specific impacts would be less than significant. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 140 Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements California Fire Code. The Project will be designed and constructed in accordance with Tustin City Code Article 8, which adopts the CFC based on the International Fire Code (IFC). New construction, alteration, or rehabilitation shall comply with applicable ordinances set forth by the City and/or by the OCFA at the time of Project design. General Plan Goals and Policies None. GP EIR Mitigation Measures Fire Protection 1. The City Community Development and Public Works Departments shall promote fire prevention through: (a) coordination with Public Works and the Orange County Fire Department in their review of minimum fire flow and distribution requirements for water in review of new development; (b) adopt the Uniform Fire Code provisions and recommend amendments for special applications in Tustin reflecting special topographic, geologic and climatic conditions; and (c) encourage the Orange County Fire Department to provide public information identifying potential fire hazards in Tustin and preventative measures the public can take to minimize risks. (Implementation Program No. 9 from the General Plan Public Safety Element). Applicable: The measure is regarding City assurance of applicable fire flow and reduction of fire hazards for redevelopment of the Project site. 2. The City Public Works Department shall continue to require dedication of right- of-way and improvement of streets and infrastructure consistent with the provisions of the Tustin City Code and in concert with other public facility and service providers (Implementation Program No. 9 from the General Plan Land Use Element). Applicable: The TPM would grant the City an easement for street, highway, public utility, and incidental purposes. Schools 1. The City Community Development, Community Services, and Public Works Departments will continue to require dedication and/or reservation of parkland and other public facilities (such as school sites), a fee in lieu thereof, or a combination of both, as a condition of new residential development consistent with the Subdivision Map Act and the Quimby Act. (Implementation Program No. 8 from the General Plan Land Use Element). Not Applicable: The Project does not involve any residential developments, and the Project is not subject to the Quimby Act. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 141 5.16. RECREATION Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the Project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Summary of Impacts Identified in the GP EIR The GP EIR discussed impacts to parks and recreational facilities in Table 2-1 and on pages 5.12-4 through 5.12-9 and determined impacts would be less than significant with mitigation. The EIR determined that based upon the City's current parkland standard, the City presently lacks sufficient existing and planned parkland to adequately serve the present population. Planned development according to the General Plan will increase the City population and the parkland deficit will subsequently further increase. While the proposed County regional park will add 243 acres of parkland to the Planning Area, regional parks are not included in calculations for City parkland. The additional 243 acres of regional parkland will partially mitigate the recreation impacts. Proposed Project Impacts a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that physical deterioration of the facility would be accelerated? No New Impact. This topic was evaluated in the GP EIR on pages 5.12-4 through 5.12-9 and determined impacts would be less than significant. As described previously, the Project is currently developed with one 117,805 square foot two-story commercial building with warehouse and parking lot. The Project would redevelop the site with two light industrial buildings that would total 177,696 SF. No new residents would occur onsite that would directly require recreational facilities. In addition, the number of employees on the site would not substantially change such that new recreational facilities would be required or that physical deterioration of the facilities would be accelerated. As detailed in Section 5.17, Transportation, the Project would result in a reduction of 374 passenger car trips per day, which indicates a reduction of persons on the site and a reduction in need for recreation facilities. Therefore, impacts would be less than significant, and no new impact would occur. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 142 b) Include or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No New Impact. This topic was evaluated in the GP EIR on pages 5.12-4 through 5.12-9 and determined impacts would be less than significant. As described above, the Project is an industrial/commercial redevelopment project that does not include recreational facilities; and an increase in residents that could require construction or expansion of recreational facilities would not occur from the Project. In addition, as described in the previous response, the number of employees on the site would not substantially change such that new recreational facilities would be required. As detailed in Section 5.17, Transportation, the Project would result in a reduction of 374 passenger car trips per day, which indicates a reduction of persons on the site and a reduction in need for recreation facilities. Thus, no impacts related to recreation would occur from the Project. Conclusion With regards to the issue area of recreation, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. No mitigation measures are contained within the GP EIR because impacts would be less than significant. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements None. General Plan Goals and Policies None. GP EIR Mitigation Measures 1. The City Community Development, Community Services and Public Works Departments shall continue to require dedication and/ or reservation of parkland and other public facilities (such as school sites), a fee in lieu thereof, or a combination of both, as a condition of new residential development consistent with the Subdivision Map Act and the Quimby Act. (Implementation Program No. 8 from General Plan Land Use Element). Not Applicable: The Project does not involve any residential developments, and the Project is not subject to the Quimby Act. 2. The City Community Services Department shall identify and obtain adequate local parklands by: • Encouraging innovative development site designs that include recreation or open space amenities and identifying undevelopable areas for open space during the design review process; • Continuing to enforce Quimby Act Ordinance provisions for residential development; • In coordination with the Community Development Department, regularly monitoring the condition of designated private open space areas in the City to ensure that zoning and land use permit conditions are met, and that such areas are maintained and not converted to other uses; Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 143 • Identifying potential sites in the southwest area of the City that may be suitable for parkland or recreation facilities; • Evaluating and updating the City's Master Plan of Parks and Recreation Facilities and the Parkland Dedication Ordinance to ensure the preservation and expansion of open space; and • Revising the parkland in lieu fee schedule as necessary to reflect the current market prices of land. (Implementation Program No. 41 from General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: The Project does not involve any residential development, is not required to dedicate parkland, and the Project is not subject to the Quimby Act. 3. Through joint-use agreements, the City Community Services Department shall enhance the use of school facilities by: • Exploring with the Tustin Unified School District, the provision of programs in areas lacking recreation facilities by using schools or private facilities; • Maintaining contact with and input from the School District during the design of any new public facilities; and • Develop a program for joint use of School District properties and surplus school sites. (Implementation Program No. 42 from General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City implementation of joint use agreements and is not related to the proposed Project. 4. The City Community Services Department shall coordinate with other community service providers on a regular basis to ensure that programs and services are not being duplicated or competing against each other in the City. (Implementation Program No. 44 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City coordination of service providers and is not related to the proposed Project. 5. The City Community Services Department shall coordinate after-school and other non-school hour programs with the Tustin Unified School District by: • Evaluating the need for after-school and other non -school hour day care programs for elementary age children and supporting programs as needed; and • Coordinating and supporting development low cost after-school programs such as sports leagues and clinics for middle school age children. (Implementation Program No. 45 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City implementation of programs by the school district and is not related to the proposed non-residential Project. 6. The City Community Development, Community Services, and Public Works Departments shall prepare an integrated open space plan for the City that includes: • The City's parklands, landscaped medians and parkways in City streets, bicycle and pedestrian trail systems, and active and passive open space; • Phasing schedules for commitment of resources including the design and construction of facilities; and • Using the Design Review process to ensure installation of trail systems and other complementary facilities, and the connection of private open space with the comprehensive system of public open space. (Implementation Program No. 46 from the General Plan Conservation/ Open Space/ Recreation Element). Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 144 Not Applicable: This measure is related to City implementation of parkland facilities and services and is not related to the proposed non-residential Project. 7. The City Community Services Department shall design new and renovate existing parks for convenient and accessible use and provide that all recreation programs, services and facilities are accessible to the disabled in accordance with the Americans with Disabilities Act. (Implementation Program No. 47 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City implementation of parkland facilities and services and is not related to the proposed non-residential Project. 8. The City Community Services Department shall provide special recreation programs and facilities as needs are identified. These programs may include, but are not limited to: • Adding a public gardening project to ongoing senior citizen programs; and • Using private sector or non-profit service providers, such as the Tustin Ranch Golf Club and the Boys and Girls Club, for specialized programs (for example, bowling, golf, and wrestling). (Implementation Program No. 50 from the General Plan Conservation/Open Space/Recreation Element). Not Applicable: This measure is related to City implementation of recreation programs and services and is not related to the proposed non-residential Project. 9. The City Community Services and Public Works Departments shall evaluate and modify City parkland and facilities design standards, where necessary, and develop a listing of durable, economical, and standardized fixtures and plant materials. (Implementation Program No. 51 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City implementation of parkland facilities and design standards and is not related to the proposed non-residential Project. 10. The City Community Services and Public Works Departments shall improve recreation facilities maintenance by. • Developing operational maintenance standards to provide quality maintenance of parks and recreation facilities; • Conducting maintenance impact reports on park designs during the park design process, and ensuring that steps to reduce maintenance costs have been incorporated in the design during the plan check process; and • Explore the utilization of private maintenance where appropriate to reduce public cost. (Implementation Program No. 52 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City implementation of recreation facility maintenance and is not related to the proposed non-residential Project. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 145 5.17. TRANSPORTATION Would the Project: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Would the Project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access? Summary of Impacts Identified in the GP EIR The GP EIR discussed impacts related to transportation and circulation in Table 2-1 and on pages 5.9-10 through 5.9-26. The GP EIR determined that buildout of the General Plan will increase traffic trips generated by the City by approximately 40 percent, (from 630,302 to 880,239 trips). Actual traffic volumes will be greater due to substantial regional traffic. The Level of Service for many existing roadways will exceed acceptable levels. To accommodate future traffic volumes, the General Plan Circulation Element contains an Arterial Highway Plan. The Circulation Element is consistent with the County Master Plan of Arterial Highways. The Circulation Element also contains a City Bikeway Plan to facilitate bicycle transportation. The GP EIR determined that with implementation of mitigation impacts would be less than significant. Proposed Project Impacts This section is based on the following report: • Project Trip Generation Analysis, included as Appendix H. a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? No New Impact. This topic was evaluated in the GP EIR (pages 5.9-10 through 5.9-26) and was determined to be less than significant with implementation of mitigation. The proposed Project involves removal of the existing 117,805 SF commercial and warehousing building on the site and redeveloping the site with two new industrial buildings totaling 177,696 SF. The Project site would be accessible via two driveways along Michelle Drive, and access to the site from the adjacent Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 146 roadway would not change. To identify the change in vehicular trips that would be generated from the site with implementation of the proposed Project, a Trip Generation Analysis was prepared and is included in Appendix H. As detailed in Table T-1, the proposed Project is forecast to generate a total of approximately 527 daily PCE trips, including 57 PCE trips during the AM peak hour and 65 PCE trips during the PM peak hour, and the existing building is estimated to generate a total of approximately 737 daily PCE trips, including 113 PCE trips during the AM peak hour and 107 PCE trips during the PM peak hour. Therefore, the proposed Project is forecast to result in a net decrease of 210 fewer daily PCE trips compared to existing building on the site, including 56 fewer PCE trips during the AM peak hour and 42 fewer PCE trips during the PM peak hour. The reduction in vehicular trips would occur due to the reduction in office space, which typically generates more trips per square foot than warehousing uses. The reduction in trips from the Project site would not conflict with any program, plan, ordinance or policy addressing the circulation system. Thus, no new or increased impact would occur. Table T-1: Project Trip Generation Rate No. Land Use Quantity PCE Daily Traffic AM Peak PM Peak In Out Total In Out Total Existing Building Trips Warehousing 31.372 TSF 1.1 Warehousing (Cars) 1.0 30 2 1 3 1 2 3 1.2 Warehousing (Trucks) 3.0 40 3 1 4 1 3 4 Subtotal Existing Warehousing Trips - 70 5 2 7 2 5 7 2.1 General Office (Cars) 85.185 TSF 1.0 667 93 13 106 16 84 100 Total Existing Building Trips Passenger Cars 697 95 14 109 17 86 103 Trucks (PCE) 40 3 1 4 1 3 4 Total Existing Trips 116.557 TSF - 737 98 15 13 18 89 107 Proposed Project Warehousing 158.813 TSF 1.1 Warehousing (Cars) 1.0 151 10 3 13 5 12 17 1.2 Warehousing (Trucks) 3.0 204 13 4 17 6 16 22 Subtotal Project Warehousing Trips - 355 23 7 30 11 28 39 2.1 General Office (Cars) 22.000 TSF 1.0 172 24 3 27 4 22 26 Total Proposed Project Passenger Cars 323 34 6 40 9 34 43 Trucks (PCE) 204 13 4 17 6 16 22 Total Proposed Project Trips (PCE) 180.813 TSF - 527 47 10 57 15 50 65 Net Project Change Passenger Cars -374 -61 -8 -69 -8 -52 -60 Trucks (PCE) 164 10 3 13 5 13 18 Net Change (Existing – Proposed) 64.256 - -210 -51 -5 -56 -3 -39 -42 Source: Project Trip Generation Analysis, Appendix H ITE = Institute of Transportation Engineers Trip Generation Manual (12th Edition, 2025); Land Use Code 150 - Warehousing; Land Use Code 710 - General Office Building TSF = Thousand Square Feet; PCE = Passenger Car Equivalent Transit Services. The Project vicinity is served by the Orange County Transportation Authority (OCTA). The nearest OCTA bus stop is for Route 66 located along Walnut Avenue at Franklin Avenue, approximately 0.6-mile from the Project site. OCTA Route 66 runs from the Goldenwest Transportation Center to Irvine Center Drive and Jeffrey Road and would continue to serve its ridership in the area. The redevelopment of the Project site for new industrial warehouse uses would not alter or conflict with existing transit stops and schedules, and impacts related to transit services would not occur. Thus, no new or increased impact would occur. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 147 Bicycle Circulation. Existing bike lanes are located along Tustin Ranch Road and Walnut Avenue near the Project site. The City of Tustin General Plan Circulation Element, Figure C-5 Master Bikeway Plan, identifies these as Class II bicycle lanes. The redevelopment of the Project site for new industrial warehouse uses would not alter the existing bike lanes. The Project would provide bicycle parking onsite. Thus, implementation of the Project would not conflict with existing or planned bike lanes or bicycle transportation, and impacts related to existing bicycle program, plan, ordinance, or policies would not occur from the Project. No new or increased impact would occur. Pedestrian Facilities. The Project site is located in a developed urban area with sidewalks available along most of the nearby roadways. The Project would install a full-width sidewalk along the site frontage of Michelle Drive and Chambers Road that would facilitate pedestrian use and walking to nearby locations. Therefore, the proposed Project would improve, and not conflict with, pedestrian facilities. Thus, impacts related to pedestrian facilities would not occur. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? No New Impact. The current threshold of significance addressing vehicle miles traveled (VMT) was not in place at the time the GP Final EIR was certified. However, the General Plan policies address VMT in Circulation Element Policy 1.11, Conservation/Open Space/Recreation Element Policy 2.2, air quality control implementation measures, and growth management implementation measures. Additionally, the GP Final EIR details the planning area increase in VMT on page 5.9-13, where it specifically states that the total VMT for the planning area will increase to 7,485,129 million miles per day. The total VMT was assessed as part of the air quality impact analysis included in the GP EIR. Thus, the VMT associated with buildout of the GP land uses is not “new information” that was not known or could not have been known at the time the GP EIR was certified (Concerned Dublin Citizens v. City of Dublin (2013) 214 Cal.App.4th 1301, 1320. Senate Bill (SB) 743 was signed by Governor Brown in 2013 and required the Governor’s Office of Planning and Research (OPR) to amend the CEQA Guidelines to provide an alternative to LOS for evaluating transportation impacts. SB 743 specified that the new criteria should promote the reduction of GHGs, the development of multimodal transportation networks, and a diversity of land uses. In response, Section 15064.3 was added to the CEQA Guidelines beginning January 1, 2019, and states that the provisions of the section shall apply statewide beginning on July 1, 2020. CEQA Guidelines Section 15064.3 – Determining the Significance of Transportation Impacts states that vehicle miles traveled (VMT) is the most appropriate measure of transportation impacts and provides lead agencies with the discretion to choose the most appropriate methodology and thresholds for evaluating VMT. Based on OPR’s Technical Advisory and its specific procedures for complying with the new CEQA requirements for VMT analysis, the City of Tustin has developed and adopted VMT Guidelines with screening thresholds to assess whether a project has the potential to result in an impact related to VMT. The screening thresholds identify that projects resulting in a net daily increase in trips of less than 500 ADT would be less than significant. As detailed in Table T-1, the Project would result in a reduction of 210 daily trips, which is less than a net increase of 500 ADT. Therefore, no impacts related to VMT would occur. The Project would not conflict with CEQA Guidelines section 15064.3, and no new impacts would occur. c) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No New Impact. This topic was evaluated in the GP EIR on pages 5.9-10 through 5.9-26 and was determined to have a less than significant impact. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 148 Construction During construction, worker vehicles, haul trucks, and vendor trucks would be staged on site. As part of the grading plan and building plan review processes, City permits including, but not limited to public improvement plan permits, including necessary ROW encroachment permits and building permits with necessary phasing and staging plans would be required to facilitate the passage of persons and vehicles through/around any required road closures and to properly route heavy-duty construction vehicles entering and leaving the site (as applicable). As a result, impacts related to vehicular circulation design features and incompatible uses during construction of the proposed Project would be less than significant. Operation The Project site would be accessible via two driveways along Michelle Drive. The primary driveway to the Project site would be approximately 40-feet and three-inches in width and would be located at the corner of Chambers Road and Michelle Drive, near the center of the site’s frontage along Michelle Drive. In addition, the Project would include a 26-foot-wide driveway at the eastern corner of the site along Michelle Drive, which would provide passenger vehicle access only. Internal circulation would be via 26-foot-wide on-site drive aisles which would also serve as fire lanes. Vehicular traffic to and from the Project site would utilize the existing network of regional and local roadways that currently serve the Project area. The proposed Project would not introduce any new roadways or introduce a land use that would conflict with existing urban land uses in the surrounding area. Design of the proposed Project, including the internal access are subject to the City’s development standards. The proposed Project has also been designed to ensure fire engine accessibility and that turn around area is provided to the California Fire Code standards. On-site traffic signing and striping would also be implemented in conjunction with detailed construction plans. Additionally, sight distance at the Project’s access points would be reviewed with respect to City standards at the time of final grading, landscape, and street improvement plan reviews. Compliance with existing regulations would be ensured through the City’s construction permitting process. As such, impacts related to vehicular circulation design features would be less than significant, and no new impacts would occur. Therefore, the proposed Project is consistent with the findings of the GP EIR. d) Result in inadequate emergency access? No New Impact. Construction As described above, the proposed construction activities, including equipment and supply staging and storage, would occur within the Project site and would not restrict access of emergency vehicles to the Project site or adjacent areas. The installation of driveways and connections to existing infrastructure systems that would be implemented during construction of the proposed Project could require the temporary closure of one side or portions of Michelle Drive for a short period of time (i.e., hours or a few days). However, the construction activities would be required to ensure emergency access in accordance with Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9), which would be ensured through the City’s permitting process. Thus, implementation of the proposed Project through the City’s permitting process would ensure existing regulations are adhered to and would reduce potential construction-related emergency access impacts to a less than significant level. As such, there would be no new impacts related to emergency access during construction. Operation As described previously, vehicle access to the proposed Project would be provided via ingress and egress driveways from Michelle Drive. The construction permitting process would provide adequate and safe circulation to, from, and through the Project area, and would provide routes for emergency responders to Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 149 access the Project site. The Fire Department and the Public Works Department would review the development plans as part of the permitting procedures to ensure adequate emergency access pursuant to the requirements in Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9), included as City Code Article 8. Because the proposed Project is required to comply with all applicable City codes, as verified by the City’s permitting process, potential impacts related to inadequate emergency access would be less than significant and would result in no new impacts to emergency access during operation. Therefore, the proposed Project is consistent with the findings of the GP EIR. Conclusion With regard to the issue area of transportation, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. No new mitigation measures would be required. Project specific impacts would be less than significant. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements (DP/S/RR) California Fire Code: As listed previously in Section 5.9, Hazards and Hazardous Materials. General Plan Goals and Policies The General Plan transportation and traffic related goals and policies that are applicable to the proposed Project include the following: Conservation, Open Space, and Recreation Element Policy 2.6: Encourage non-motorized transportation through the provision of bicycle and pedestrian pathways. Policy 2.7: Encourage employer rideshare and transit incentives programs by local businesses. GP EIR Mitigation Measures Arterial Highway System Improvements 1. Implementing the General Plan Circulation Element will require adding to or improving the existing arterial highway system. An implementation program to achieve this will monitor improvement priorities, establish funding sources, and incorporate the needed improvements into the City's Capital Improvement Program (CIP) on a regular (e.g. annual) basis. This program is related to the Growth Management Element which contains a mandate to identify short-range deficiencies and make necessary improvements. Specific actions to be implemented by the City Public Works Department and Engineering Services are as follows: • Evaluate and if necessary refine the current CIP mechanism to ensure a formalized method of identifying the roadway improvements that need to be made in a five to seven year time frame. • Establish guidelines for traffic impact fees so that an equitable means can be established for requiring new development to pay a fair share of the needed transportation improvements. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 150 • Make an annual determination of potential sources of highway funding, such as Proposition 111 (Congestion Management), Measure M, and the recently established Santa Ana/Tustin TSIA. • Coordinate improvement plans with regional activities so that improvements within the City will obtain maximum benefit from other improvement activities in surrounding jurisdictions. An example would be future improvements to Irvine Boulevard and Edinger Avenue, two designated CMP countywide roadways. (Implementation Program No. 1 from the General Plan Circulation Element). Not Applicable: This measure is related to City implementation of measures to improve the arterial highway system and is not related to the proposed Project site redevelopment. 2. The City Council and Public Works Department shall: • Continue to encourage AT&SF to set time schedules and limit train transfer activities to off-peak traffic hours. • Through the Moulton Parkway Smart Street Project attempt to eliminate spur line crossings along Edinger Avenue and study the feasibility, costs and environmental impacts of a depressed or elevated crossing on Red Hill Avenue rail tracks, north of Edinger Avenue. • Explore State, Federal and local funding sources to finance construction of alternative types of crossings. (Implementation Program No. 2 from the General Plan Circulation Element). Not Applicable: This measure is related to City implementation of measures related to rail lines and trains and is not related to the proposed Project. 3. The City Public Works Department shall: • Establish setback lines for future right-of-way to protect ultimate roadway integrity. • As part of development review, continue to require dedication of necessary right-of-way and improvement of streets at developer's expense pursuant to Article 7, Chapter 2 and any other sections that may apply to the Tustin City Code. (Implementation Program No. 3 from the General Plan Circulation Element). Applicable: The TPM would grant the City of Tustin an easement for street, highway, public utility, and incidental purposes. 4. The City Community Development and Public Works Departments shall design and implement a land use and trip generation monitoring system to be used in determining a project’s long range impact on the City street system. (Implementation Program No. 4 from the General Plan Circulation Element). Not Applicable: This measure is related to City implementation of a monitoring system and is not related to the proposed Project site redevelopment. 5. The City Community Development and Public Works Departments shall monitor congestion on major streets. As traffic volumes approach or exceed LOS D, increase capacity through restricting on street parking, improved signal timing, intersection widening and other traffic transportation system management measures. (Implementation Program No. 5 from the General Plan Circulation Element). Not Applicable: This measure is related to City monitoring congestion on the street system and is not related to the proposed Project site redevelopment. 6. The City Community Development and Public Works Departments shall review all projects as indicated below: • As part of development review, consider impacts of new driveway locations and midblock access points on traffic. • Review all information on projects for consistency with Circulation Element. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 151 • Review Traffic Demand Management (TDM) submittals and impose requirements consistent with the City's TDM Ordinance. (Implementation Program No. 6 from the General Plan Circulation Plan). Applicable: The City shall review the proposed Project site redevelopment as listed above. Intercity and Regional Transportation 7. The City Council and Community Development and Public Works Departments reduce traffic impacts generated by outside sources by implementing the following measures: • Continue to review and respond to Environmental documents for projects from other jurisdictions, specifically analyzing traffic related impacts to the City of Tustin. • Continue to require measures of other jurisdictions to mitigate traffic impacts to the City of Tustin. • Work within the powers of the Inter jurisdictional Planning Forums and Joint Powers Agreements to discuss and evaluate new development proposals which may have traffic related impacts to the City of Tustin. (Implementation Program No. 7 from the General Plan Circulation Element). Not Applicable: This measure is related to City implementation of measures to reduce traffic impacts generated by outside sources and is not related to the proposed Project site redevelopment. 8. The City Council and Community Development and Public Works Departments shall continue to coordinate with the City of Santa Ana on Transportation System Improvement Authority (TSIA) projects. (Implementation Program No. 8 from the General Plan Circulation Element). Not Applicable: This measure is related to City implementation of measures related to coordination with the City of Santa Ana and is not related to the proposed Project site redevelopment. 9. Regional Orange County rail travel does include an Urban Rail System and the Commuter Rail ( Metrolink) System as an alternative travel mode. The City Community Development and Public Works Departments shall: • Continue efforts to work with the OCTA and adjacent cities in identifying a station site for the Commuter Rail system to serve the City of Tustin. • Continue to monitor studies and participate in Urban Rail meetings. • Seek funding sources to finance a commuter rail station. (Implementation Program No. 9 from the General Plan Circulation Element). Not Applicable: This measure is related to City implementation of measures related to rail lines and trains and is not related to the proposed Project. Transportation System/ Demand Management 10. The Circulation Element requires maximizing the efficiency of the Circulation System through use of Transportation System/ Demand Management strategies. The following actions shall be implemented by the City Engineering Division: • Implement traffic signal coordination on arterial streets to the maximum extent practical. • Encourage the implementation of Employer Transportation Demand Management (TDM) measures as required by the Southern California Air Quality Management District' s Regulation 15 and by Proposition 111 as part of the Congestion Management Program. • Require that major new non-residential developments include the submission of a TDM plan to the City, including monitoring and enforcement provisions. • Require applicable developments to provide on-site, in a central location accessible to all employees and tenants, informational services that will enhance ridesharing and the use of other non-vehicular commute modes. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 152 For public transportation, the desire to maximize transit use is contained in the Circulation Element. Implementing actions to be undertaken for this are as follows: • Support the efforts of the appropriate transportation agencies, such as the Orange County Transportation Authority, to continually upgrade local and express bus service to the Tustin community and to provide Park and Ride lots near the freeways. • Require new development to participate in transit amenities, such as bus shelters and tum -outs. • Coordinate roadway improvements with transit service so that where applicable, special features, such as bus turn-outs, can be provided in the improvement program. (Implementation Program No. 10 from the General Plan Circulation Element). Not Applicable: This measure is related to City implementation of measures related to the Circulation Element and is not related to the proposed Project site redevelopment. Bicycle, Pedestrian, and Equestrian Facilities 11. These components of the General Plan Circulation Element provide alternative modes of transportation (in the case of bicycle), and recreation-related facilities (in the case of bicycle, pedestrian, and equestrian). The City Community Development and Public Works Department shall implement the following actions: • Provide uniform standards and practices for the safety of pedestrians and bicyclists by providing adequate sidewalks, bicycle lanes, and off-road bicycle trails. • Include pedestrian walkway standards as requirements on new development. • Coordinate the development and maintenance of bikeways with the work carried out by the County of Orange for the Master Plan of Countywide Bikeways. (Implementation Program No. 11 from the General Plan Circulation Element). Not Applicable: This measure is related to City implementation of measures to improve facilities and is not related to the proposed Project site redevelopment. However, the Project would implement bicycle racks and pedestrian sidewalks, consistent with the measure. 12. The City Public Works Department shall continue to study and implement, if feasible, the creation of an assessment district for sidewalk construction within each industrial area which would spread the cost of said sidewalk construction and administrative district costs over a multi-year payoff period or 10 or 20 years. (Implementation Program No. 12 from the General Plan Circulation Element). Not Applicable: This measure is related to City implementation of measures for an assessment district and is not related to the proposed Project site redevelopment. Parking 13. The City Community Development Department shall complete a Parking Ordinance study which will include issues such as guest parking standards, shared use of parking facilities, parking for smaller vehicles and necessary changes to City codes and regulations. (Implementation Program No. 13 from the General Plan Circulation Element). Not Applicable: This measure is related to City implementation of a parking ordinance study and is not related to the proposed Project site redevelopment. Financing 14. The City Community Development and Public Works/Engineering Departments shall: Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 153 • Review the City's Capital Improvement Program (CIP) in relation to the General Plan to ensure that circulation related projects are consistent with the goals, policies and programs identified in the General Plan. • Annually review City's funding sources for street and lighting needs. (Implementation Program No. 14 from the General Plan Circulation Element). Not Applicable: This measure is related to City implementation of capital improvements and is not related to the proposed Project site redevelopment. 15. The City Public Works Department shall schedule improvements as part of capital budgeting process and improve the streets and intersections delineated in the Circulation Element. (Implementation Program No. 15 from the General Plan Circulation Element). Not Applicable: This measure is related to City implementation of capital improvements and the Circulation Element and is not related to the proposed Project site redevelopment. Growth Management 16. The Growth Management Element requires that development sponsors make necessary improvements to the circulation system, where affected by their development, so as to maintain acceptable LOS levels at intersections and on roadway links under City control. Roadway expansions will be planned as part of the Capital Improvement Program and phased according to the Comprehensive Phasing Program. The LOS goals will be enforced through conditions of approval and monitored annually through the Performance Monitoring Program. Achievement of the adopted Levels of Service standard and implementation of exacted transportation improvements shall take into consideration extraordinary transportation circumstances which may impact identified intersections and/ or timing of the required improvements. An example of an extraordinary circumstance would be when arterial roadways serve as substitute freeway access thus impacting LOS performance) while planning and construction of additional freeway improvements are underway. (Traffic Level of Service Goals Plan from the General Plan Growth Management Element). Not Applicable: As detailed in Table T-1, the proposed Project would reduce the vehicle trips from the Project site. Thus, affects to LOS would not occur and capital improvements would not be required. 17. The City shall establish a Development Mitigation Program based on Orange County Transportation Authority (OCTA) timetables to ensure that all new development pays its share of needed transportation improvements to the City's roadway network associated with that development. Participation shall be on a pro -rata basis and be required of all development projects except where an increased level of participation exceeding these requirements is established through negotiated legal mechanisms. The City will work to facilitate coordination of this program through interjurisdictional forums in order to determine minimally acceptable impact fees for application within the growth management areas (GMAs). The City will receive credit for existing traffic mitigation fee programs with regard to the GMA base level fee. (Development Mitigation Program from the General Plan Growth Management Element). Not Applicable: This measure is related to City implementation of a Development Mitigation Program and is not related to the proposed Project site redevelopment. 18. The City shall prepare a Comprehensive Phasing Program (CPP) based on OCTA timetables. The purpose of this program is to ensure to the extent feasible that adequate infrastructure (roadways, utilities) is constructed as development occurs by linking the ability of the development to proceed to either construction of the improvements(s) by others, construction of the improvement(s) by the developer, or by the developer's timely provision of the appropriate funding to the City so that the provision of these Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 154 facilities is in balance with demand. While the CPP will provide plans for new facilities, the Performance Monitoring Program will provide annual evaluation of compliance with phasing plans in order for development to continue. The CPP shall provide reasonable lead time (three years from first building permit or five years from first grading permit) to design and construct specific transportation improvements. (Comprehensive Phasing Program from the General Plan Growth Management Element). Not Applicable: This measure is related to City implementation of a Comprehensive Phasing Program and is not related to the proposed Project site redevelopment. 19. The City shall prepare a Performance Monitoring Program based on OCTA timetables. The Performance Monitoring Program will establish a system for annual evaluation of compliance with development phasing allocations. Under this program, roadway and other transportation facility improvements or findings must actually be provided in order for new development to continue. If the improvements/ funding are not provided, development shall be deferred until compliance with the provisions of this program are achieved. The Performance Monitoring Program will provide an annual evaluation of the maintenance of transportation service levels. Annual traffic reports prepared under this Program shall utilize data collected within three (3) months of preparation of the report. In the event that the Performance Monitoring Program identifies one or more service level deficiencies, measures shall be implemented to correct identified deficiencies. (Performance Monitoring Program from the General Plan Growth Management Element). Not Applicable: This measure is related to City implementation of a Performance Monitoring Program and is not related to the proposed Project site redevelopment. 20. The City shall establish a Capital Improvement Program for transportation systems improvements to effectively manage the system based on OCTA timetables. The purpose of the Capital Improvement Plans is to estimate future development over a seven-year period and determine the necessary infrastructure and associated costs required for this new development. The Capital Improvement Plans will be closely linked with the Comprehensive Phasing Plans. Not Applicable: This measure is related to City implementation of a Capital Improvement Program and is not related to the proposed Project site redevelopment. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 155 5.18. TRIBAL CULTURAL RESOURCES Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? Summary of Impacts Identified in the GP EIR The GP EIR discussed impacts to tribal cultural resources on page 5.13-1 through 5.13-6 and determined impacts would be less than significant with mitigation and adherence to and/or compliance with the existing regulatory framework. Proposed Project Impacts This section is based on the following report: • Archaeological Resources Inventory Report, included as Appendix B. a) Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? No New Impact. This topic was evaluated in the GP EIR on pages 5.13-2 through 5.13-6 and was determined to have a less than significant impact with implementation of mitigation. On page 5.13-5 of the GP EIR, the EIR noted that individual development projects would require individual assessments of potential Project-specific impacts to cultural resources and if necessary, Project-specific mitigation would be recommended to reduce potential impacts to a less than significant level. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 156 Tribal Cultural Resources (TCR) are sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either eligible or listed in the California Register of Historical Resources or local register of historical resources (PRC Section 21074). As mentioned previously, a SLF search was requested from the NAHC. The NAHC responded that the SLF search yielded negative results for known TCRs or sacred lands within a 1-mile radius of the Project site. As detailed previously in Section 5.5, Cultural Resources, the Archaeological Resources Inventory Report included a field survey of the entire property and did not identify any tribal cultural resources on the Project site that are listed or eligible for listing in the CRHR, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). However, the search of the California Historic Resources Inventory System (CHRIS) identified 5 previously recorded pre-contact and historic-era cultural resources within a one-mile radius of the Project site, none of which are located within or adjacent to the Project boundaries. Two of the resources are believed to be associated with Native American occupation of the vicinity and one is associated with both pre-contact and historic-era activities. Due to the moderate sensitivity of the alluvial soils that underly the fill soils and previous resources identified within 1-mile of the Project site, Mitigation Measures CUL-1 through CUL-3 are included, in the event that Native American cultural resources are uncovered during ground-disturbing activities. Therefore, pursuant to GP EIR Mitigation Measure 1 for archeological resources, with implementation of the site specific studies and mitigation, impacts would be less than significant. As such, the Project would result in no new impacts to tribal cultural resources listed or eligible for listing in the CRHR or local register as defined in Public Resources Code section 5020.1(k). Therefore, the proposed Project is consistent with the findings of the GP EIR. b) Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. No New Impact. This topic was evaluated in the GP EIR on page 5.13-2 through 5.13-6 and was determined to be less than significant with implementation of mitigation along with General Plan goals and policies. Assembly Bill (AB) 52 (Chapter 532, Statutes of 2014) establishes a formal consultation process for California tribes as part of the CEQA process and equates significant impacts on “tribal cultural resources” with significant environmental impacts (Public Resources Code [PRC] § 21084.2). AB 52 requires that lead agencies undertaking CEQA review evaluate, just as they do for other historical and archeological resources, a project’s potential impact to a tribal cultural resource. In addition, AB 52 requires that lead agencies, upon request of a California Native American tribe, begin consultation prior to the release of a negative declaration, mitigated negative declaration, or EIR for a project. AB 52 does not apply to a Notice of Exemption or Addendum; and therefore, is not required for the Project. As described previously, the SLF search yielded negative results for known TCRs or sacred lands within a 1- mile radius of the Project site. Because AB 52 does not apply to CEQA Streamline Exemptions, no letters were sent to the identified tribes and tribal contacts. However, the Project would implement Mitigation Measures CUL-1 through CUL-3 that would protect any Native American cultural resources that are uncovered during ground-disturbing activities. Therefore, the Project would not result in new impacts related to landscape, sacred place, or object with cultural value to a California Native American tribe. As such, the proposed Project is consistent with the findings of the GP EIR. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 157 Conclusion With regards to the issue area of tribal cultural resources, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. Feasible mitigation measures contained within and pursuant to the GP EIR would be applied to the Project. These mitigation measures, detailed below, provide protection for tribal cultural resources and reduce potential impacts to a less than significant level. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements (DP/S/RR) California Public Resources Code (PRC). PRC Sections 5097.9 to 5097.991 provide protection to Native American historical and cultural resources and sacred sites and identify the powers and duties of the Native American Heritage Commission (NAHC). These sections also require notification to descendants of discoveries of Native American human remains and provide for treatment and disposition of human remains and associated grave goods. California Health and Safety Code Section 7050.5. 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 California Code of Regulations (CCR) Section 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 Section 5097.98. Prior to the issuance of grading permits, the City Community Development Director, or designee, shall verify that all grading plans specify the requirements of CCR Section 15064.5(e), State Health and Safety Code Section 7050.5, and PRC Section 5097.98. General Plan Goals and Policies The General Plan tribal cultural resource-related goals and policies that are applicable to the proposed Project include the following: Conservation, Open Space, and Recreation Element Policy 12.2: Retain and protect significant areas of archaeological, paleontological, or historical value for education and scientific purposes. Goal 13: Preserve Tustin's archaeological and paleontologic resources. Policy 13.1: Require a site inspection by certified archaeologists or paleontologists for new development in designated sensitive areas. Policy 13.2: Require mitigation measures where development will affect archaeological or paleontological resources. GP EIR Mitigation Measures 1. The City Community Development Department shall preserve archaeologic and paleontological resources within the City by: Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 158 • Requiring developers to perform archaeological and paleontological surveys prior to grading in areas known or suspected to contain such resources; and • Enforcing provisions of the California Environmental Quality Act regarding preservation or salvage of significant historic, archaeological and paleontological sites discovered during construction activities. (Implementation Program No. 34 from the General Plan Conservation/ Open Space/ Recreation Element). Applicable: This measure is included in Section 5.5, Cultural Resources, previously, is applicable to the Project, and has been completed. The Archaeological Resources Inventory Report for the Project has been completed and included as Appendix B. Project Mitigation Measures Mitigation Measure CUL-1: Pre-Construction Review of Final Grading and Construction Plans. As listed previously in Section 5.5, Cultural Resources. Mitigation Measure CUL-2: Contractor Awareness Training. As listed previously in Section 5.5, Cultural Resources. Mitigation Measure CUL-3: Unanticipated Discoveries. As listed previously in Section 5.5, Cultural Resources. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 159 5.19. UTILITIES AND SERVICE SYSTEMS Would the Project: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Require or result in the relocation or construction of new or expanded water, wastewater treatment, or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry and multiple dry years? c) Result in a determination by the wastewater treatment provider which serves or may serve the Project that it has adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments? d) Generate solid waste in excess of State or local standards or in excess of the capacity of local infrastructure or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Summary of Impacts Identified in the GP EIR The GP EIR discussed impacts related to utilities and service systems in Table 2-1 and on pages 5.11-1 through 5.11-17 and determined impacts would be less than significant with implementation of mitigation. Water The General Plan allows new development in presently vacant areas and water infrastructure must be extended into these areas as development proceeds. Buildout of the General Plan will increase daily water consumption by 35 percent in the incorporated City of Tustin and two percent in the unincorporated area. The EIR determined that impacts would be less than significant with implementation mitigation. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 160 Sewer Planned development will impact the local wastewater collection system, the trunk line delivery system, and the wastewater treatment plant (i.e., Huntington Beach Plant). Daily sewer generation flows will increase by approximately 35 percent in the incorporated City of Tustin and three percent in the unincorporated County area. The EIR determined that impacts would be less than significant with implementation mitigation. Solid Waste Buildout of the development allowed by the General Plan will increase the City's daily solid generation rate by 31 percent in the incorporated City of Tustin and eight percent in the unincorporated County area. The City's collection services can accommodate the increased solid waste generation. However, landfill capacity is limited in the region. Implementation of State Assembly Bill (AB) 939 in Tustin could decrease the solid waste generation rate by 50 percent by the year 2000 and the impact to regional landfills could be reduced. The EIR determined that impacts would be less than significant with implementation mitigation. Proposed Project Impacts a) Require or result in the construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? No New Impact. This topic was evaluated in the GP EIR on pages 5.11-1 through 5.11-17 and determined impacts would be less than significant with implementation of mitigation. Water The Project site is located within the Irvine Ranch Water District (IRWD) service area. The Project applicant would develop the Project site, which is currently served by the IRWD’s water infrastructure, and would install new onsite domestic water lines and fire lines at the Project site, which would connect to the existing 12-inch domestic water line in Michelle Drive. Additionally, an existing 15-foot-wide IRWD water easement containing a 12-inch domestic water line currently bisects the northwest portion of the site from northeast to southwest. The Project proposes to quitclaim approximately 600 linear feet of the existing easement and relocate the water line. The relocated 15-foot-wide IRWD easement would contain approximately 750 linear feet of new 12-inch domestic water line, connecting to the existing water line and easement at the northeast boundary of the site, extend around the western side of proposed Building 1, and rejoining the existing easement and waterline at the southwest boundary of the site, as shown in Figures 3-5a and 3-5b, Utility Plan. The new onsite water system and relocated water line would convey existing water supplies to the proposed buildings and landscaping through plumbing/landscaping fixtures that are compliant with the CAL Green Code for efficient use of water. Installation of the new water distribution lines and the proposed water infrastructure improvements would only serve the proposed Project and would not provide new water supplies to any off-site areas. The construction activities related to the on-site water infrastructure that would be needed to serve the proposed Project is included as part of the Project and would not result in any physical environmental effects beyond those identified throughout this document. For example, analysis of construction emissions from excavation and installation of the water infrastructure is included in Sections 5.3, Air Quality and 5.8, Greenhouse Gas Emissions. Therefore, the proposed Project would not result in the construction of new water facilities or expansion of existing facilities, the construction of which could cause significant environmental effects, and impacts would be less than significant, and no new impact would occur. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 161 Wastewater The Project site is serviced by Irvine Ranch Water District (IRWD) for sewer services. Development of the proposed Project would install new onsite sewer infrastructure which would connect to the existing 8-inch sewer line in Chambers Road. The Project would not result in the need for construction of new or expansion of existing wastewater facilities and as such, no new impact would occur. The construction activities related to installation of the on-site sewer infrastructure that would serve the proposed Project are included as part of the proposed Project and would not result in any physical environmental effects beyond those identified throughout this document. For example, analysis of construction emissions for excavation and installation of the sewer infrastructure is included in Section 5.3, Air Quality and 5.8, Greenhouse Gas Emissions, and noise volumes from these activities are evaluated in Section 5.13, Noise. As the Project includes facilities to serve the proposed development, it would not result in the need for construction of other new wastewater facilities or expansions, the construction of which could cause significant environmental effects. Therefore, impacts would be less than significant, and no new impact would occur. Stormwater As discussed above in Section 5.10, Hydrology and Water Quality, due to the appropriate sizing of the on- site drainage features and detention basins, as demonstrated in the Project’s Hydrology Study (Appendix F) and verified through the Project permitting process, operation of the proposed Project would not substantially increase stormwater runoff, and the Project would not require or result in the construction of new off-site storm water drainage facilities or expansion of existing off-site facilities. Electric Power The Project would connect to the existing Southern California Edison electrical distribution facilities that are adjacent to the Project site and would not require the construction of new electrical facilities. Adequate industrial electricity supplies are presently available to meet the incremental increase in demand attributed to the Project. Provision of electricity to the Project site is not anticipated to require or result in the construction of new facilities or the expansion of existing facilities, the construction or relocation of which would cause significant environmental impacts to electricity. No new impacts would occur. Natural Gas Natural gas is provided through a network of gas transmission pipelines and distributed through existing mains, which can be extended to serve new projects. The Project would install an under-slab lateral to accommodate a potential future connection to existing Southern California Gas natural gas distribution facilities adjacent to the Project site. No specific natural gas connection is proposed at this time; however, the under-slab lateral would provide flexibility for future tenants should natural gas service be desired. Adequate industrial natural gas supplies and existing distribution infrastructure are available to accommodate the incremental increase in demand associated with the Project should a future connection to Southern California Gas facilities be made. In addition, an existing 10-foot-wide gas easement owned by Kinder Morgan, containing 10-inch and 16- inch gas lines, bisects the northwest portion of the site from northeast to southwest. Although two gas lines currently exist within the easement, only the 16-inch line is active. The Project proposes to quitclaim and remove approximately 600 linear feet of the existing easement and both existing gas lines and relocate the active 16-inch line within a new easement alignment. The relocated alignment would include approximately 750 linear feet of new16-inch gas line, connect to the existing 16-inch gas line and easement at the northeast boundary of the site, extend around the western side of proposed Building 1, and rejoin the Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 162 existing easement and gas line at the southwest boundary of the site, as shown in Figures 3-5a and 3-5b, Utility Plan. The proposed relocation of the Kinder Morgan gas line would maintain existing natural gas transmission service within the area and would not increase system capacity or extend service to new off-site areas. Similarly, the potential future onsite natural gas connection would utilize existing Southern California Gas infrastructure and would not require the construction of new off-site natural gas facilities or expansion of existing facilities. As such, the Project would not require or result in the construction of new or expanded natural gas facilities, the construction or relocation of which could cause significant environmental effects, and impacts would be less than significant. Therefore, the proposed Project would result in no new impacts related to construction of new or expanded utilities that could result in significant environmental effects. b) Have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry, and multiple dry years? No New Impact. This topic was evaluated in the GP EIR on pages 5.11-6 through 5.11-10 and was determined to be less than significant with implementation of mitigation. As discussed above, IRWD would supply water to Project site. IRWD gets its water supplies from local groundwater extracted from the Orange County Groundwater Basin, Irvine sub-basin, and Lake Forest sub-basin; imported water purchased through the Metropolitan Water District of Southern California (MWD) from the State Water Project and Colorado River systems; recycled water; and local surface water supplies (IRWD, n.d.). IRWD’s Draft 2025 Urban Water Management Plan (2025 UWMP), which is scheduled for consideration of adoption by the IRWD Board of Directors at a public hearing on June 22, 2026, details the actual water supply and use for 2025 as well as projected water supply and demand for 2030 through 2045. According to the 2025 UWMP, total available water supply is projected to be 168,003 acre-feet (AF) in 2030 and is anticipated to remain the same through 2045 (Table 6-9 – IRWD, 2026). The Draft 2025 UWMP also evaluates water supply reliability under normal, single dry-year, and multiple dry-year conditions for both potable and non-potable water supplies. As shown in the supply and demand projections, sufficient water supplies would be available to meet projected demands throughout the planning horizon, with surpluses projected under all scenarios evaluated (Tables 7-2A, 7-2B, 7-3A, 7-3B, 7-4A, and 7-4B – IRWD, 2026). Accordingly, the Draft 2025 UWMP concludes that IRWD has adequate water supplies to meet existing and projected future demands within its service area under normal, single dry-year, and multiple dry-year conditions. These projections are based on General Plan land use designations and growth projections. The 2025 UWMP describes that water use factors are assigned to different land use types to determine demand. The water use factors are based on build out of the land uses and the average water use for each type of land use, such as single-family residential, commercial, and industrial. The proposed Project would demolish the existing 117,805-square-foot commercial and warehouse building and redevelop the 7.88-net-acre site with two new industrial buildings totaling 177,696 square feet, which would result in a FAR of 0.5. Water demand for the site included in the UWMP is based on the site’s General Plan Land Use designation of PCCB - Planned Community Commercial/Business that provides for development at a FAR of 1.5. Although the Project would result in an increase of approximately 60,008 square feet of developed areas on the site compared to existing conditions, the Project would result in a water demand that is within the assumptions of the UWMP that verifies water supply. Therefore, IRWD’s water supplies are sufficient to meet demand within its service area, including the proposed Project’s demand. In addition, the Project would minimize water use by inclusion of low-flow plumbing and irrigation fixtures, pursuant to the California Title 24 requirements. As a result, the water supply would meet the water demand of the proposed Project during normal, dry, and multiple dry years and no new impacts related to water supply would occur. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 163 c) Result in a determination by the wastewater treatment provider which serves or may serve the Project that it has adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments? No New Impact. This topic was evaluated in the GP EIR on pages 5.11-10 through 5.11-13 and was determined to be less than significant with implementation of mitigation. IRWD provides wastewater services to the eastern portion of the City of Tustin, including the Project site and is responsible for collecting, treating, and safely disposing of, or recycling wastewater and its residuals. IRWD operates two water recycling plants, the Michelson Water Recycling Plant that has a capacity of 28 million gallons per day and the Los Alisos Water Recycling Plant that has a capacity of 7 million gallons per day, which combined convert an average of 35 million gallons of sewage every day into recycled water for landscape irrigation, industrial uses and toilet flushing, and other nondrinking water uses (IRWD, n.d.). The proposed Project would demolish the existing 117,805-square-foot commercial and warehouse building and redevelop the 7.88-net-acre site with two new industrial buildings totaling 177,696 square feet. Although the Project would result in an increase of approximately 60,008 square feet of developed areas on the site compared to existing conditions, the resulting increase in wastewater is within the volumes assumed by IRWD based on buildout of the site’s General Plan land use designation. The increase in water demand, as detailed in Response b), would result in an incremental increase in wastewater. However, the Project would minimize water use by inclusion of low-flow plumbing and irrigation fixtures, pursuant to the California Title 24 requirements. As such, the IRWD wastewater system would have available capacity to accommodate the wastewater demand generated by the proposed Project. Therefore, the proposed Project would not require new or expanded wastewater treatment facilities, and no new impacts would occur. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? No New Impact. This topic was evaluated in the GP EIR on pages 5.12-20 through 5.12-23 and was determined to be less than significant. The proposed Project would generate solid waste from construction activities as well as during operation. All solid waste-generating activities within the City are subject to the requirements set forth in the 2025 California Green Building Standards Code that requires demolition and construction activities to recycle or reuse a minimum of 65 percent of the nonhazardous construction and demolition waste, and AB 341 that requires diversion of a minimum of 75 percent of operational solid waste. Solid waste generated in Tustin is generally taken and disposed of at the Frank R. Bowerman Sanitary Landfill, located at 11002 Bee Canyon Access Road in Irvine. The Frank R. Bowerman Sanitary Landfill is permitted for a daily throughput of 11,500 tons of solid waste and is permitted to operate until 2054. The Frank R. Bowerman Sanitary Landfill had an average disposal of 9,339 tons per day and an average remaining capacity of 2,161 tons per day in March – April 2024. The Project would demolish the existing 117,805 SF commercial and warehousing building onsite and redevelop the site with two new industrial buildings that would total 177,696 SF. Thus, the new buildings would be approximately 60,000 SF larger than the existing building and may generate a proportional amount more of solid waste. However, at least 75 percent of the solid waste is required by AB 341 to be recycled, which would reduce the volume of landfilled solid waste to approximately 25 percent of the additional waste generated. The Bowerman Sanitary Landfill’s average daily remaining capacity would be able to accommodate the additional waste produced by operation of the proposed Project and would not impair the attainment of solid waste reduction goals. Therefore, the Project would result in no new impacts. e) Comply with federal, state, and local statutes and regulations related to solid waste? No New Impact. This topic was evaluated in the GP EIR on page 5.12-23 and was determined to be less than significant. As discussed above, the Project would be anticipated to result in 45.5 tons of solid waste Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 164 per year. All solid waste-generating activities within the City are subject to the requirements set forth in Section 5.408.1 of the 2025 California Green Building Standards Code that requires demolition and construction activities to recycle or reuse a minimum of 65 percent of the nonhazardous construction and demolition waste, and AB 341 that requires diversion of a minimum of 75 percent of operational solid waste. Therefore, the proposed Project would result in less than significant impacts related to conflicts with federal, state, and local management and reduction statutes and regulations pertaining to solid waste. The Project would result in no new impacts. Conclusion With regard to the issue area of utilities and service systems, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. No mitigation measures contained within the GP EIR would be required because Project specific impacts would be less than significant. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements (DP/S/RR) Assembly Bill 939 and 341. The County and cities within the County shall abide by AB 939 and AB 341 and divert 75 percent of their waste from landfills by the year 2020. The County shall show 15 years disposal capacity for all jurisdictions within the county or show a plan to transform or divert its waste. California Green Building Standards Code. Projects will be constructed in accordance with the California Green Building Standards Code, which requires a minimum of 65 percent of the “non-hazardous construction and demolition debris” (by weight or volume) to be recycled or reused. Assembly Bill 341 and 1826. Projects will store and collect recyclable materials in compliance with AB 341. Green waste will be handled in accordance with AB 1826. General Plan Goals and Policies Conservation, Open Space, and Recreation Element Policy 4.2: Promote local recycling of wastes and the use of recycled materials. Goal 5: Protect water quality and conserve water supply. Policy 5.2: Protect groundwater resources from depletion and sources of pollution. Policy 5.3: Conserve imported water by requiring water conservation techniques, water conserving appliances, and drought-resistant landscaping. GP EIR Mitigation Measures Water 1. The City Community Development and Public Works Departments and the Finance and Water Services Divisions shall practice efficient use of water supplies and water conservation in the following ways: Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 165 • Participate in regional programs such as the Seasonal Storage and Conjunctive Use Well program; • Support increased use of reclaimed water for the Tustin Ranch Golf Course, landscaped medians, and other uses by the Irvine Ranch Water District in East Tustin; • Continue to provide informational brochures/ handouts on water conserving plumbing devices and other forms of water conservation as technology becomes available; • Utilize an inverted block rate structure to encourage water conservation by charging low water users less money, • Adopt a water efficient landscaping ordinance; • Utilize drought resistant landscaping in development of public projects; • Support the development of an expanded water line system for the use of reclaimed water, and incorporate the use of water saving devices and drought tolerant plant materials on City-owned park sites to keep water costs to a minimum. (Implementation Program No. 25 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City implementation of a water efficiency measures and is not related to the proposed Project site redevelopment. 1. The City's Capital Improvement Program (CIP) should be reviewed by the Community Development and Public Works Department in relation to the General Plan to ensure that plans for major expenditures are consistent with goals, policies and recommended programs, and the improvements identified in the General Plan are included in the CIP. A finding of consistency with the General Plan must be made for each capital project or expenditure approved. This finding should be included in any actions to approve a budget for a specific improvement, as well as approval of the CIP. (Implementation Program No. 7 from the General Plan Land Use Element). Not Applicable: This measure is related to the City Capital Improvement Program and is not related to the proposed Project site redevelopment. Sewer 1. The Public Works Department shall continue to require dedication of right-of-way and improvements of streets and infrastructure consistent with the provisions of the Tustin City Code and in concert with other public facility and service providers. (Implementation Program No. 9 of the General Plan Land Use Element). Applicable: This measure is applicable to the Project and included in Section 5.15, Public Services. Solid Waste 1. The City Public Works Department shall implement the City's adopted Source Reduction and Recycling element of the IWMP by. • Supporting State action to create state-wide source reduction incentives such as the adoption of advance disposal fees; • Establish a government waste reduction and procurement program; • Investigate the cost effectiveness and feasibility of implementing backyard composting to promote home management of yard waste; • Develop an awards program to recognize significant local integrated waste management achievements; • Develop an educational and technical assistance program; Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 166 • Develop and annual media campaign and ongoing promotion including the provision of "how to" materials to at least 75 percent of the City's households, businesses, and government employees by 1995, and 90 percent by 2000; • Developing educational materials for a technical assistance program targeting commercial and industrial generators to at least 25 percent of Tustin businesses by 1995, and 50 percent by 2000; • Implementing a recycling program that includes 40 percent of all supermarkets and grocery stores in the City by 1995, and 80 percent by 2000; • Encouraging the development of local and regional markets for all materials recovered through the private sector and all implemented recycling programs on an ongoing basis; and • Supporting the public sector purchasing and procurement practices for recyclable content products on an ongoing basis. (Implementation Program No. 40 from the General Plan Conservation/ Open Space/ Recreation Element). Not Applicable: This measure is related to City implementation ofsolid waste reduction measures and is not related to the proposed Project site redevelopment. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 167 5.20. WILDFIRE If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the Project: Project Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies Significant Impact not Analyzed as Significant in the Prior EIR Potentially Significant Off-Site or Cumulative Impact not Discussed in the prior EIR Adverse Impact More Severe based on Substantial New Information No New Impact a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose Project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Summary of Impacts Identified in the GP EIR The GP EIR discussed wildfire impacts on pages 5.7-1, 5.7-6 through 5.7-13; and 5.10-1 through 5.10-3 and determined impacts would be less than significant after implementation of mitigation. Proposed Project Impacts a) Substantially impair an adopted emergency response plan or emergency evacuation plan? No New Impact. This topic was evaluated in the GP EIR on pages 5.7-1, 5.7-6 through 5.7-13; and 5.10- 1 through 5.10-3 and was determined to have a less than significant impact with applicable building codes (i.e., City Building Code, California Building Standards Code). According to the CAL FIRE Hazard Severity Zone map, the Project site is not located within a State Responsibility Area (SRA) or a Very High Fire Hazard Severity Zone (VHFHSZ). The Project site does not contain any emergency facilities, nor does it serve as an emergency evacuation route. Direct access to the Project site would be provided via Michelle Drive. The main driveway to the Project site would be from a 40-foot-wide access driveway on Michelle Drive at Chambers Road; and a 26-foot-wide driveway at the eastern corner of the site along Michelle Drive, which would provide passenger vehicle Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 168 access only. Internal circulation would be via 26-foot-wide on-site drive aisles which would also serve as fire lanes. The proposed Project is required to design and construct internal access and provide fire suppression facilities (e.g., hydrants and sprinklers) in conformance with the Tustin City Code, and the Fire Department would review the development plans prior to approval to ensure adequate emergency access pursuant to the requirements in Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9. As a result, the proposed Project would not impair an adopted emergency response plan or emergency evacuation plan and would not result in new impacts. As such, the proposed Project is consistent with the findings of the GP EIR. b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose Project occupants to, pollution concentrations from a wildfire or the uncontrolled spread of a wildfire? No New Impact. As described in the previous response, the Project site is not located within a SRA or a VHFHSZ. The Project site is relatively flat. The areas within the Project’s vicinity are developed and also do not contain hillsides or other factors that could exacerbate wildfire risks. Therefore, the proposed Project would not result in new impacts related to exposure of people or structures to significant risk involving wildland fires. As such, the proposed Project is consistent with the findings of the GP EIR. c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No New Impact. As described in the previous responses, the Project site is not within a SRA or a VHFHSZ. The Project site is located within an urbanized area. The proposed Project does not involve any new infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risks or result in other impacts to the environment. The proposed Project does not require the installation or maintenance of associated infrastructure (including roads, fuel breaks, emergency water sources, power lines, or other utilities) that would exacerbate fire risk or that would result in impacts to the environment. The proposed Project does not include any changes to roadways that would exacerbate fire risk or that would result in impacts to the environment. Although utility installations for water, sanitary sewer, and storm drain lines proposed as part of the proposed Project would be installed in the Project site, these utility improvements would be underground and would not exacerbate fire risk. Project design and implementation of utility improvements would be reviewed and approved by the City as part of the Project approval process to ensure the proposed Project is compliant with all applicable design standards and regulations. Therefore, the proposed Project would not include infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities), that would exacerbate fire risk or that would result in impacts to the environment. Therefore, the proposed Project would result in no new impacts and is consistent with the findings of the GP EIR. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No New Impact. As described in the previous responses, the Project site is not within a SRA or VHFHSZ. As discussed in Section 5.10, Hydrology and Water Quality, the proposed Project would not result in changes to drainage. Also as discussed in Section 5. 7, Geology and Soils, the Project site is relatively flat and is not susceptible to landslides. Likewise, areas adjacent to the Project site are developed relatively flat urban sites that do not contain hillsides or other factors that would expose people or structures to flooding or landslides as a result of runoff, post-fire slope instability, or drainage changes. The proposed Project would also not generate slopes and would connect to existing drainage facilities. Therefore, the proposed Project would result in no new impacts related to significant risks, including downslope or downstream flooding or Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 169 landslides, as a result of runoff, post-fire slope instability, or drainage changes. As such, the proposed Project is consistent with the findings of the GP EIR. Conclusion With regard to the issue area of wildfire, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off-site and/or cumulative impacts which were not discussed in the GP EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated in the GP EIR. 4. No mitigation measures are contained within the GP EIR and no mitigation measures are required because the Project would result in no new impacts. Applicable Goals, Policies, Standards, and Mitigation Measures Uniformly Applied Development Policies, Standards, and Regulatory Requirements California Building Code. As listed previously in Section 5.7, Geology and Soils. California Fire Code. As listed previously in Section 5.9, Hazards and Hazardous Materials. General Plan Goals and Policies None. GP EIR Mitigation Measures Fire Protection 1, listed previously in Section 5.15, Public Services. Project Mitigation Measures None. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 170 6. MITIGATION MONITORING AND REPORTING The MMRP for the Project will be active through all phases of the Project, including design, construction, and operation. The attached table identifies the mitigation program required to be implemented by the City of Tustin for the Project. The table identifies the General Plan (GP) Environmental Impact report (EIR) mitigation measures that are applicable to the Project that would mitigate potential impacts. The table also provides the timing of implementation and the responsible party or parties for monitoring compliance. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 171 Table 6-1: Mitigation Monitoring and Reporting Program Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials AIR QUALITY GP EIR MM Air Quality-18: The City Community Development Department and Building Division shall encourage energy efficient building and site design during review of new development projects and support innovative building and site design for all new public buildings. (Implementation Program No. 18 from the General Plan Conservation/ Open Space/ Recreation Element). Prior to issuance of building permits Project Applicant/City of Tustin Building Division BIOLOGICAL RESOURCES GP EIR MM BIO-5: The City Community Development Department shall protect biological resources within the City by requiring developers to perform biological surveys prior to project approval in areas known or suspected to contain significant biological resources. The biological survey shall be prepared by a professional biologist and the following issues shall be addressed therein: a) identification, mapping, and acreage of the various plant communities and habitat types; b) delineation of wetlands; identification of sensitive plants and animal species; c) indication of whether property is enrolled in Natural Community Conservation Plan for Coastal Sage Scrub; d) potential wildlife movement corridors; and e) ecological function of on-site habitat. Biological resource surveys should be conducted at the appropriate times of the year to ensure observation of all potentially occurring plant and animal species. (Implementation Program No. 32 of the General Plan Conservation/ Open Space/ Recreation Element). Prior to Project Approval Project Applicant/City of Tustin Planning Division Mitigation Measure BIO-1: Preconstruction Survey for Special-Status Plants. A focused preconstruction rare plant survey shall be conducted during the appropriate blooming period the season immediately prior to Project implementation to ensure no rare plants are present on the Project site prior to the start of construction. The survey shall be conducted in accordance with the USFWS, CNPS, and CDFW protocols for surveying special-status plant populations during the overlapping blooming period of the two species (May to July), occurring in the season prior to the start of ground-disturbing activities. If special-status plant species are detected during the preconstruction survey and the location(s) is/are outside the Project Prior to issuance of demolition or grading permits Project Applicant/City of Tustin Building Division Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 172 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials impact area, then an environmentally sensitive area fence will be established around the plant at an appropriately sized buffer determined by a botanist, and no Project activities may occur inside the buffer for any reason. If special-status plant species are detected during the preconstruction survey and Project related impacts are unavoidable, then consultation with the appropriate regulatory agency (USFWS and/or CDFW) may be needed to develop a mitigation plan or additional avoidance and minimization measures. Mitigation Measure BIO-2: Burrowing Owl Preconstruction Survey. Due to the presence of limited, marginally suitable habitat on the Project Site, a preconstruction burrowing owl survey shall be conducted following the methods described in the CDFW’s Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012) no more than 14 days prior to the start of construction activities. The protocol requires that the survey be conducted between morning civil twilight and 10:00 AM and/or in the early evening two hours before sunset to one hour after sunset during favorable weather conditions (e.g., wind less than 20 miles per hour (mph), temperature less than 90°F). The burrowing owl preconstruction survey can be conducted concurrently with the nesting bird preconstruction survey discussed below. If burrowing owls or suitable burrowing owl burrows with sign (e.g., whitewash, pellets, feathers, prey remains) are identified on the Project Site during the survey and impacts are unavoidable, the Project shall develop a Burrowing Owl Management Plan that outlines additional protection measures developed in accordance with CDFW’s Staff Report on Burrowing Owl Mitigation. Coordination with CDFW may also need to occur. Protection measures included in the Burrowing Owl Management Plan may include establishment of no-disturbance buffers, additional biological monitoring during construction activities, seasonal work restrictions, or passive relocation conducted outside of the owl breeding season. Prior to issuance of demolition or grading permits Project Applicant/City of Tustin Building Division Mitigation Measure BIO-3: Bat Preconstruction Survey and Tree Removal Monitoring. If tree removal or trimming cannot be conducted between September 15 and October 30, qualified biologists shall examine trees to be removed or Prior to issuance of grading permit Project Applicant/City of Tustin Building Division Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 173 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials trimmed for suitable roosting habitat prior to removal or trimming. High-quality habitat features (e.g., large tree cavities, basal hollows, loose or peeling bark, larger snags, palm trees with intact thatch) shall be identified and the area around these features searched for bats and bat sign (e.g., guano, culled insect parts, staining). Riparian woodland, orchards, and stands of broadleaf trees shall be considered potential habitat for solitary, foliage-roosting bat species. If habitat cannot be adequately surveyed or if the CDFW requires identification of bat species within the Project area, passive monitoring using full spectrum bat detectors may be needed. Survey methods should be discussed with CDFW prior to the start of surveys. • Tree removal will be avoided between April 1 and September 15 (the maternity period) to avoid impacts to pregnant females and active maternity roosts (whether colonial or solitary) • All tree removal will be conducted between September 15 and October 30, which corresponds to a time period when bats have not yet entered torpor nor would be caring for nonvolant young. • Trees will be removed in pieces rather than felling an entire tree. • If a maternity roost is located, whether solitary or colonial, that roost will remain undisturbed until September 15 or until a qualified biologist has determined that the roost is no longer active. If avoidance of nonmaternity roost trees is not possible, and tree removal or trimming must occur between October 30 and August 31, qualified biologists shall monitor tree trimming or removal. If possible, tree trimming or removal should occur in the late afternoon or evening when it is closer to the time that bats would normally arouse. Mitigation Measure BIO-4: Nesting Bird Preconstruction Survey. When feasible, it is recommended that any construction, ground-disturbing activities, vegetation management, and tree removal be conducted outside the breeding season for birds (the breeding season is approximately January 15 to August 31 for raptors and February 1 to September 30 for passerines) to avoid violations of the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code §§ 3503, 3503.5 and Prior to issuance of grading permit Project Applicant/City of Tustin Building Division Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 174 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials 3513. If activities with the potential to disrupt nesting birds, including special-status bird species, are scheduled to occur during the bird breeding season, it is recommended that a preconstruction nesting bird survey be conducted by a qualified biologist who is experienced in the identification of avian species no more than three days prior to the start of construction activities. The nesting bird survey will include the Project impact area and adjacent areas where Project activities have the potential to cause indirect impacts to nesting birds. If nesting birds, including nesting raptors, are observed during the survey, measures shall be implemented to avoid or minimize potential Project-related impacts to active nests. Measures may include but not be limited to biological monitoring during the activities, seasonal work restrictions, or establishment of a no-work buffer around active nests until nesting has been completed as determined through periodic nest monitoring conducted by the biologist. The size of the no-work buffer will be determined by the biologist, depending on the species and nest status. CULTURAL RESOURCES GP EIR MM CULT-1: The City Community Development Department shall preserve archaeologic and paleontological resources within the City by: • Requiring developers to perform archaeological and paleontological surveys prior to grading in areas known or suspected to contain such resources; and • Enforcing provisions of the California Environmental Quality Act regarding preservation or salvage of significant historic, archaeological and paleontological sites discovered during construction activities. (Implementation Program No. 34 from the General Plan Conservation/ Open Space/ Recreation Element). Prior to issuance of grading permits Project Applicant/City of Tustin Building Division Mitigation Measure CUL-1: Pre-Construction Review of Final Grading and Construction Plans. Project plans, specifications, and grading and construction permits shall state that prior to the commencement of any Project-related activities and prior to any pre-construction meeting, a qualified archaeologist shall review the final grading/construction plans to determine if any ground-disturbing activities will extend beyond the documented fill soil. If the qualified archaeologist determines that there will be an impact to the alluvial soils underlying the fill soils, that the qualified archaeologist shall develop an archaeological resources monitoring plan Prior to issuance of grading permits City of Tustin Building Division Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 175 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials which would be implemented by an archaeological monitor under the supervision of a qualified archaeologist so long as the qualified archaeologist determines that ground disturbing activities are continuing to impact the underlying alluvium. Mitigation Measure CUL-2: Contractor Awareness Training. Project plans, specifications, and grading and construction permits shall state that a Contractor Awareness Training Program shall be conducted to train equipment operators about cultural resources. The program shall be designed to inform construction personnel about: federal and state regulations pertaining to cultural resources and tribal cultural resources; the subsurface indicators of resources that shall require a work stoppage; procedures for notifying the lead agency of any occurrences; project- specific requirements and best practices; and enforcement of penalties and repercussions for non-compliance with the program. The training shall be conducted by a qualified professional archaeologist and may be provided either through a brochure, video, or in-person tailgate meeting, as determined appropriate by the archaeologist. The training shall be provided to all construction supervisors, forepersons, and operators of ground- disturbing equipment. All personnel shall be required to sign a training roster. The Construction Manager is responsible for ensuring that all required personnel receive the training. The Construction Manager shall provide a copy of the signed training roster to the lead agency as proof of compliance. Prior to issuance of grading permits Project Applicant/City of Tustin Building Division Mitigation Measure CUL-3: Unanticipated Discoveries. Project plans, specifications, and grading and construction permits shall state that if subsurface deposits believed to be cultural or human in origin are discovered during construction, all work must halt within a 100-foot radius of the discovery. A qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric and historic archaeology, shall be retained to evaluate the significance of the find, and shall have the authority to modify the no-work radius as appropriate, using professional judgment. The following notifications shall apply, depending on the nature of the find: • If the professional archaeologist determines that the find does not represent a cultural resource, work may resume immediately and no agency notifications are required. Prior to issuance of grading permits and during construction Project Applicant/Constructi on Contractor/City of Tustin Building Division Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 176 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials • If the professional archaeologist determines that the find does represent a cultural resource from any time period or cultural affiliation, the archaeologist shall immediately notify the lead agencies. The agencies shall consult on a finding of eligibility and implement appropriate treatment measures, if the find is determined to be a Historical Resource under CEQA, as defined by CEQA or a historic property under Section 106 NHPA, if applicable. Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the site either: 1) is not a Historical Resource under CEQA or a Historic Property under Section 106; or 2) that the treatment measures have been completed. • If the find includes human remains, or remains that are potentially human, they shall ensure reasonable protection measures are taken to protect the discovery from disturbance (Assembly Bill [AB] 2641). The archaeologist shall notify the Orange County Coroner (per § 7050.5 of the Health and Safety Code). The provisions of § 7050.5 of the California Health and Safety Code, § 5097.98 of the California PRC, and AB 2641 will be implemented. If the coroner determines the remains are Native American and not the result of a crime scene, the coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MLD) for the Project (§ 5097.98 of the PRC). The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (§ 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (§ 5097.98 of the PRC). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641). Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction. GEOLOGY AND SOILS Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 177 1 GP EIR MM GEO-3(a) is applicable to the proposed Project; however, GP EIR MM GEO-3 subsections (b) and (c) are specific to the East Tustin Specific Plan and are therefore not applicable because the Project site is not located within the East Tustin Specific Plan area. Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials GP EIR MM GEO-1: Through the City's development review and subdivision review processes, the City Community Development and Public Works Department shall identify soil related safety problems associated with proposed development, determine the potential for hazard, determine the amount of development supportable on the site, and require appropriate mitigation of new development impacts. (Implementation Program No. 22 from the General Plan Conservation/ Open Space/ Recreation Element). Prior to issuance of grading permits Project Applicant/City of Tustin Building and Planning Divisions GP EIR MM GEO-3: The City Community Development Department shall protect soils and topography within the City by: a) reviewing and incorporating provisions of detailed soils reports for development into approved plans as provided for in the City Grading and Excavation Code; b) incorporating standards and guidelines of the East Tustin Specific Plan and Grading Manual through the Design Review process into development proposals, particularly designated hillside districts; and c) encouraging cluster development standards and siting guidelines contained in the East Tustin Specific Plan for citywide development concentrating higher intensity development on less sensitive portions of the site and retain greater open space and minimize grading impacts. (Implementation Program No. 33 from the General Plan Conservation/ Open Space/ Recreation Element).1 Prior to issuance of grading permits Project Applicant/City of Tustin Community Development Department GP EIR MM CULT-1: The City Community Development Department shall preserve archaeologic and paleontological resources within the City by: • Requiring developers to perform archaeological and paleontological surveys prior to grading in areas known or suspected to contain such resources; and • Enforcing provisions of the California Environmental Quality Act regarding preservation or salvage of significant historic, archaeological and paleontological sites discovered during construction activities. (Implementation Prior to issuance of grading permits Project Applicant/City of Tustin Building Division Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 178 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials Program No. 34 from the General Plan Conservation/ Open Space/ Recreation Element). LAND USE AND PLANNING GP EIR MM LU-10: The City Community Development Department shall utilize the site plan and design review process and the California Environmental Quality Act, as applicable, in review of development projects to minimize environmental impacts and promote high quality design and physical appearance, compatible and sensitive to the City's natural resources and availability of municipal services and facilities. (Implementation Program No. 20 from the General Plan Land Use Element). Prior to Project approval City of Tustin Community Development Department NOISE GP EIR MM NOI-6: Through the Design Review process Noise Element Standards of compatibility described in Tables N-2 and N-3 of the Element, the City Community Development Department shall apply the noise standards to new development proposals and methods to mitigate anticipated impacts, such as building orientation and acoustical barriers, shall be applied to meet the standards. (Implementation Program No. 6 from the General Plan Noise Element). Prior to Project approval Project Applicant/City of Tustin Community Development Department GP EIR MM NOI-6: Interior and exterior noise levels for proposed new development shall be required by the Community Development Department to meet the California Noise Insulation Standards (Title 25 of the California Administrative Code). These standards shall also be applied to all single-family developments and condominium conversion projects where feasible. (Implementation Program No. 7 from the General Plan Noise Element). Prior to Project approval Project Applicant/City of Tustin Community Development Department POPULATION AND HOUSING GP EIR MM POP-13: The City Community Development Department shall require all new construction to be subject to State energy conservation requirements (Title 24) as a condition for the issuance of a building permit. (Implementation Program No. 18 from the General Plan Housing Element). Prior to issuance of a building permit Project Applicant/City of Tustin Community Development Department Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 179 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials GP EIR MM POP-23: The City Community Development Department shall require that Environmental Impact Reports and subdivision plans address energy conservation measures and solar access. Include, as necessary, mitigating measures to ensure that developers implement the requirements of Title 24. (Implementation Program No. 30 from the General Plan Housing Element). Prior to issuance of a building permit Project Applicant/City of Tustin Community Development Department PUBLIC SERVICES GP EIR MM SVC-1: The City Community Development and Public Works Departments shall promote fire prevention through: (a) coordination with Public Works and the Orange County Fire Department in their review of minimum fire flow and distribution requirements for water in review of new development; (b) adopt the Uniform Fire Code provisions and recommend amendments for special applications in Tustin reflecting special topographic, geologic and climatic conditions; and (c) encourage the Orange County Fire Department to provide public information identifying potential fire hazards in Tustin and preventative measures the public can take to minimize risks. (Implementation Program No. 9 from the General Plan Public Safety Element). Prior to issuance of a building permit Project Applicant/City of Tustin Community Development Department GP EIR MM SVC-2: The City Public Works Department shall continue to require dedication of right- of-way and improvement of streets and infrastructure consistent with the provisions of the Tustin City Code and in concert with other public facility and service providers (Implementation Program No. 9 from the General Plan Land Use Element). Prior to Project approval Project Applicant/ City of Tustin Public Works Department/ Community Development Department TRANSPORTATION GP EIR MM TRA-3: The City Public Works Department shall: • Establish setback lines for future right-of-way to protect ultimate roadway integrity. • As part of development review, continue to require dedication of necessary right-of-way and improvement of streets at developer's expense pursuant to Article 7, Chapter 2 and any other sections that may apply to the Tustin City Prior to Project approval Project Applicant/ City of Tustin Public Works Department/ Community Development Department Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 180 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials Code. (Implementation Program No. 3 from the General Plan Circulation Element). GP EIR MM TRA-6: The City Community Development and Public Works Departments shall review all projects as indicated below: • As part of development review, consider impacts of new driveway locations and midblock access points on traffic. • Review all information on projects for consistency with Circulation Element. • Review Traffic Demand Management (TDM) submittals and impose requirements consistent with the City's TDM Ordinance. (Implementation Program No. 6 from the General Plan Circulation Plan). Prior to the issuance of building permits Project Applicant/ City of Tustin Public Works Department/ Community Development Department Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 181 7. DOCUMENT PREPARERS AND CONTRIBUTORS Lead Agency City of Tustin Planning Division 300 Centennial Way Tustin, CA 92780 CEQA Document Preparers EPD Solutions, Inc. Konnie Dobreva, JD, Vice President of Environmental Planning Renee Escario, Document Author Clara Eddy, Document Author Cameron Lukos, Document Graphics Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 182 8. REFERENCES California Air Resources Board. (2022). 2022 Scoping Plan for Achieving Carbon Neutrality. Retrieved from https://ww2.arb.ca.gov/sites/default/files/2023-04/2022-sp.pdf CAL FIRE. (2026). Fire Hazard Severity Zones. Retrieved from https://osfm.fire.ca.gov/what-we- do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-zones California Department of Conservation. (2026). California Williamson Act Enrollment Finder. Retrieved from California Department of Conservation: https://maps.conservation.ca.gov/dlrp/WilliamsonAct/ California Department of Conservation. (2026). California Important Farmland Finder. Retrieved from California Department of Conservation: https://maps.conservation.ca.gov/dlrp/ciff/ California Department of Conservation. (2026). Earthquake Zones of Required Investigation. Retrieved from Department of Conservation California Geological Survey: https://www.conservation.ca.gov/cgs/geohazards/eq-zapp California Department of Finance. (2026). E-5 Population and Housing Estimates for Cities, Counties, and the State, 2021-2026 . Retrieved from California Department of Finance: https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housing-estimates- for-cities-counties-and-the-state-2020-2026/ California Department of Transportation. (2018). California State Scenic Highway System Map. Retrieved from https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e805 7116f1aacaa California Department of Transportation (2020). Transportation and Construction Vibration Guidance Manual. Retrieved from https://dot.ca.gov/-/media/dot-media/programs/environmental- analysis/documents/env/tcvgm-apr2020-a11y.pdf CalRecycle. (2026). SWIS database. Retrieved from CalRecycle: https://calrecycle.ca.gov/SWFacilities/ CalRecycle. (2025b). Landfill Tonnage Reports. Retrieved from CalRecycle: https://www2.calrecycle.ca.gov/LandfillTipFees/ Caltrans. (2026). California State Scenic Highways. Retrieved from California Department of Transportation: https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community- livability/lap-liv-i-scenic-highways City of Tustin. (2018). City of Tustin General Plan. Retrieved from: https://www.tustinca.org/DocumentCenter/View/713/City-of-Tustin-General-Plan-PDF City of Tustin. (2025). City of Tustin VMT Screening Form for Land Use Projects- Cypress Grove. City of Tustin. (2021). Tustin 2020 Urban Water Management Plan. City of Tustin. (n.d.). About Us. Retrieved from: https://www.tustinca.org/177/About-Us City of Tustin. (2025, February). City of Tustin Code of Ordinances. Retrieved from https://library.municode.com/ca/tustin/codes/code_of_ordinances?nodeId=ART9LAUS_CH2ZO_P T7GERE_9271SPPR Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 183 City of Tustin Department of Public Works. (2022). Standard Plans and Design Standards. Retrieved from https://www.tustinca.org/DocumentCenter/View/339/Public-Works-Standards-2022-Edition-PDF Centec Engineering. (2023). Phase I Environmental Site Assessment Report. Appendix D. Centec Engineering. (2024). Phase I Environmental Site Assessment Report. Appendix E. Department of Conservation. (2025). Earthquake Zones of Required Investigation. Retrieved from California Geological Survey: https://maps.conservation.ca.gov/cgs/informationwarehouse/eqzapp/#data_s=id%3AdataSourc e_4-191d8e93088-layer-27%3A8432 ECORP Consulting, Inc. (2026). Archaeological Resources Inventory Report. Appendix B. ECORP Consulting, Inc. (2026). Biological Resources Assessment. Appendix A. Executive Department State of California. (2005). Executive Order S-3-05. Retrieved from https://www.library.ca.gov/wp-content/uploads/GovernmentPublications/executive-order- proclamation/5129-5130.pdf FEMA. Flood Insurance Rate Map (Map number 06059C0281J) . Retrieved from https://hazards- fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529 aa9cd FEMA. (2025). FEMA's National Flood Hazard Layer (NFHL) Viewer. Retrieved from https://www.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b552 9aa9cd FHWA. (2017). FHWA Roadway Construction Noise Model User’s Guide. Retrieved from https://www.fhwa.dot.gov/Environment/noise/construction_noise/rcnm/rcnm00.cfm FTA (2018). Federal Transit Administration’s (FTA) Transit Noise and Vibration Impact Assessment Manual Retrieved from https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research- innovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report-no- 0123_0.pdf Ganddini. (2025). 2441 Michelle Drive Industrial Project Trip Generation Analysis. Appendix H. Irvine Ranch Water District (IRWD). (2026). Draft 2025 Urban Water Management Plan. Retrieved from https://www.irwd.com/doing-business/urban-water-management-plan Irvine Ranch Water District (IRWD). (n.d.). IRWD Facilities. Retrieved from https://www.irwd.com/construction/facilities-construction Irvine Ranch Water District (IRWD). (n.d.). Water. Retrieved from https://www.irwd.com/services/water Orange County Transportation Authority (OCTA) Routes and Schedule for Route 66. Accessed: https://octa.net/ebusbook/RoutePDF/route066.pdf?n=202308 SCAQMD. (2010). Minutes for the GHG CEQA Significance Threshold Stakeholder Working Group #15. Retrieved from https://www.aqmd.gov/docs/default-source/ceqa/handbook/greenhouse-gases- (ghg)-ceqa-significance-thresholds/year-2008-2009/ghg-meeting-15/ghg-meeting-15- minutes.pdf Southern California Association of Governments. (2024). Demographics and Growth Forecast Technical Report. Retrieved from Southern California Association of Governments: Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 184 https://scag.ca.gov/sites/main/files/file-attachments/23-2987-tr-demographics-growth-forecast- final-040424.pdf?1712261839 Tustin Unified School District. (2024). Developer Fees. Retrieved from Tustin Unified School District: https://www.tustin.k12.ca.us/departments/business-services/fiscal-services/developer- fees#:~:text=Please%20be%20advised%20the%20following%20rates%20will,June%2021%2C %202024:%20Residential:%20$5.17/SqFt.%20Commercial:%20$0.84/SqFt Tustin Unified School District. (n.d.). Schools. Retrieved from Tustin Unified School District: https://www.tustin.k12.ca.us/schools U.S. Geological Survey. (2024). Areas of Land Subsidence in California. Retrieved from U.S, Geological Survey: https://ca.water.usgs.gov/land_subsidence/california-subsidence-areas.html Huitt-Zollars, Inc., Irvine. (2026). Hydrologic and Hydraulic Drainage Report Appendix F. Huitt-Zollars, Inc., Irvine. (2026). Preliminary Water Quality Management Plan. Appendix G. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 185 End of document. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption - MMRP City of Tustin 1 MITIGATION MONITORING AND REPORTING The MMRP for the Project will be active through all phases of the Project, including design, construction, and operation. The attached table identifies the mitigation program required to be implemented by the City of Tustin for the Project. The table identifies the General Plan (GP) Environmental Impact report (EIR) mitigation measures that are applicable to the Project that would mitigate potential impacts. The table also provides the timing of implementation and the responsible party or parties for monitoring compliance. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption - MMRP City of Tustin 2 This page intentionally left blank. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption - MMRP City of Tustin 3 Table 1: Mitigation Monitoring and Reporting Program Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials AIR QUALITY GP EIR MM Air Quality-18: The City Community Development Department and Building Division shall encourage energy efficient building and site design during review of new development projects and support innovative building and site design for all new public buildings. (Implementation Program No. 18 from the General Plan Conservation/ Open Space/ Recreation Element). Prior to issuance of building permits Project Applicant/City of Tustin Building Division BIOLOGICAL RESOURCES GP EIR MM BIO-5: The City Community Development Department shall protect biological resources within the City by requiring developers to perform biological surveys prior to project approval in areas known or suspected to contain significant biological resources. The biological survey shall be prepared by a professional biologist and the following issues shall be addressed therein: a) identification, mapping, and acreage of the various plant communities and habitat types; b) delineation of wetlands; identification of sensitive plants and animal species; c) indication of whether property is enrolled in Natural Community Conservation Plan for Coastal Sage Scrub; d) potential wildlife movement corridors; and e) ecological function of on-site habitat. Biological resource surveys should be conducted at the appropriate times of the year to ensure observation of all potentially occurring plant and animal species. (Implementation Program No. 32 of the General Plan Conservation/ Open Space/ Recreation Element). Prior to Project Approval Project Applicant/City of Tustin Planning Division Mitigation Measure BIO-1: Preconstruction Survey for Special-Status Plants. A focused preconstruction rare plant survey shall be conducted during the appropriate blooming period the season immediately prior to Project implementation to ensure no rare plants are present on the Project site prior to the start of construction. The survey shall be conducted in accordance with the USFWS, CNPS, and CDFW protocols for surveying special-status plant populations during the overlapping blooming period of the two species (May to July), occurring in the season prior to the start of ground-disturbing activities. If special-status plant species are detected during the preconstruction survey and the location(s) is/are outside the Project Prior to issuance of demolition or grading permits Project Applicant/City of Tustin Building Division Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption - MMRP City of Tustin 4 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials impact area, then an environmentally sensitive area fence will be established around the plant at an appropriately sized buffer determined by a botanist, and no Project activities may occur inside the buffer for any reason. If special-status plant species are detected during the preconstruction survey and Project related impacts are unavoidable, then consultation with the appropriate regulatory agency (USFWS and/or CDFW) may be needed to develop a mitigation plan or additional avoidance and minimization measures. Mitigation Measure BIO-2: Burrowing Owl Preconstruction Survey. Due to the presence of limited, marginally suitable habitat on the Project Site, a preconstruction burrowing owl survey shall be conducted following the methods described in the CDFW’s Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012) no more than 14 days prior to the start of construction activities. The protocol requires that the survey be conducted between morning civil twilight and 10:00 AM and/or in the early evening two hours before sunset to one hour after sunset during favorable weather conditions (e.g., wind less than 20 miles per hour (mph), temperature less than 90°F). The burrowing owl preconstruction survey can be conducted concurrently with the nesting bird preconstruction survey discussed below. If burrowing owls or suitable burrowing owl burrows with sign (e.g., whitewash, pellets, feathers, prey remains) are identified on the Project Site during the survey and impacts are unavoidable, the Project shall develop a Burrowing Owl Management Plan that outlines additional protection measures developed in accordance with CDFW’s Staff Report on Burrowing Owl Mitigation. Coordination with CDFW may also need to occur. Protection measures included in the Burrowing Owl Management Plan may include establishment of no-disturbance buffers, additional biological monitoring during construction activities, seasonal work restrictions, or passive relocation conducted outside of the owl breeding season. Prior to issuance of demolition or grading permits Project Applicant/City of Tustin Building Division Mitigation Measure BIO-3: Bat Preconstruction Survey and Tree Removal Monitoring. If tree removal or trimming cannot be conducted between September 15 and October 30, qualified biologists shall examine trees to be removed or Prior to issuance of grading permit Project Applicant/City of Tustin Building Division Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption - MMRP City of Tustin 5 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials trimmed for suitable roosting habitat prior to removal or trimming. High-quality habitat features (e.g., large tree cavities, basal hollows, loose or peeling bark, larger snags, palm trees with intact thatch) shall be identified and the area around these features searched for bats and bat sign (e.g., guano, culled insect parts, staining). Riparian woodland, orchards, and stands of broadleaf trees shall be considered potential habitat for solitary, foliage-roosting bat species. If habitat cannot be adequately surveyed or if the CDFW requires identification of bat species within the Project area, passive monitoring using full spectrum bat detectors may be needed. Survey methods should be discussed with CDFW prior to the start of surveys. • Tree removal will be avoided between April 1 and September 15 (the maternity period) to avoid impacts to pregnant females and active maternity roosts (whether colonial or solitary) • All tree removal will be conducted between September 15 and October 30, which corresponds to a time period when bats have not yet entered torpor nor would be caring for nonvolant young. • Trees will be removed in pieces rather than felling an entire tree. • If a maternity roost is located, whether solitary or colonial, that roost will remain undisturbed until September 15 or until a qualified biologist has determined that the roost is no longer active. If avoidance of nonmaternity roost trees is not possible, and tree removal or trimming must occur between October 30 and August 31, qualified biologists shall monitor tree trimming or removal. If possible, tree trimming or removal should occur in the late afternoon or evening when it is closer to the time that bats would normally arouse. Mitigation Measure BIO-4: Nesting Bird Preconstruction Survey. When feasible, it is recommended that any construction, ground-disturbing activities, vegetation management, and tree removal be conducted outside the breeding season for birds (the breeding season is approximately January 15 to August 31 for raptors and February 1 to September 30 for passerines) to avoid violations of the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code §§ 3503, 3503.5 and Prior to issuance of grading permit Project Applicant/City of Tustin Building Division Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption - MMRP City of Tustin 6 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials 3513. If activities with the potential to disrupt nesting birds, including special-status bird species, are scheduled to occur during the bird breeding season, it is recommended that a preconstruction nesting bird survey be conducted by a qualified biologist who is experienced in the identification of avian species no more than three days prior to the start of construction activities. The nesting bird survey will include the Project impact area and adjacent areas where Project activities have the potential to cause indirect impacts to nesting birds. If nesting birds, including nesting raptors, are observed during the survey, measures shall be implemented to avoid or minimize potential Project-related impacts to active nests. Measures may include but not be limited to biological monitoring during the activities, seasonal work restrictions, or establishment of a no-work buffer around active nests until nesting has been completed as determined through periodic nest monitoring conducted by the biologist. The size of the no-work buffer will be determined by the biologist, depending on the species and nest status. CULTURAL RESOURCES GP EIR MM CULT-1: The City Community Development Department shall preserve archaeologic and paleontological resources within the City by: • Requiring developers to perform archaeological and paleontological surveys prior to grading in areas known or suspected to contain such resources; and • Enforcing provisions of the California Environmental Quality Act regarding preservation or salvage of significant historic, archaeological and paleontological sites discovered during construction activities. (Implementation Program No. 34 from the General Plan Conservation/ Open Space/ Recreation Element). Prior to issuance of grading permits Project Applicant/City of Tustin Building Division Mitigation Measure CUL-1: Pre-Construction Review of Final Grading and Construction Plans. Project plans, specifications, and grading and construction permits shall state that prior to the commencement of any Project-related activities and prior to any pre-construction meeting, a qualified archaeologist shall review the final grading/construction plans to determine if any ground-disturbing activities will extend beyond the documented fill soil. If the qualified archaeologist determines that there will be an impact to the alluvial soils underlying the fill soils, that the qualified archaeologist shall develop an archaeological resources monitoring plan Prior to issuance of grading permits City of Tustin Building Division Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption - MMRP City of Tustin 7 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials which would be implemented by an archaeological monitor under the supervision of a qualified archaeologist so long as the qualified archaeologist determines that ground disturbing activities are continuing to impact the underlying alluvium. Mitigation Measure CUL-2: Contractor Awareness Training. Project plans, specifications, and grading and construction permits shall state that a Contractor Awareness Training Program shall be conducted to train equipment operators about cultural resources. The program shall be designed to inform construction personnel about: federal and state regulations pertaining to cultural resources and tribal cultural resources; the subsurface indicators of resources that shall require a work stoppage; procedures for notifying the lead agency of any occurrences; project- specific requirements and best practices; and enforcement of penalties and repercussions for non-compliance with the program. The training shall be conducted by a qualified professional archaeologist and may be provided either through a brochure, video, or in-person tailgate meeting, as determined appropriate by the archaeologist. The training shall be provided to all construction supervisors, forepersons, and operators of ground- disturbing equipment. All personnel shall be required to sign a training roster. The Construction Manager is responsible for ensuring that all required personnel receive the training. The Construction Manager shall provide a copy of the signed training roster to the lead agency as proof of compliance. Prior to issuance of grading permits Project Applicant/City of Tustin Building Division Mitigation Measure CUL-3: Unanticipated Discoveries. Project plans, specifications, and grading and construction permits shall state that if subsurface deposits believed to be cultural or human in origin are discovered during construction, all work must halt within a 100-foot radius of the discovery. A qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric and historic archaeology, shall be retained to evaluate the significance of the find, and shall have the authority to modify the no-work radius as appropriate, using professional judgment. The following notifications shall apply, depending on the nature of the find: • If the professional archaeologist determines that the find does not represent a cultural resource, work may resume immediately and no agency notifications are required. Prior to issuance of grading permits and during construction Project Applicant/Constructi on Contractor/City of Tustin Building Division Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption - MMRP City of Tustin 8 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials • If the professional archaeologist determines that the find does represent a cultural resource from any time period or cultural affiliation, the archaeologist shall immediately notify the lead agencies. The agencies shall consult on a finding of eligibility and implement appropriate treatment measures, if the find is determined to be a Historical Resource under CEQA, as defined by CEQA or a historic property under Section 106 NHPA, if applicable. Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the site either: 1) is not a Historical Resource under CEQA or a Historic Property under Section 106; or 2) that the treatment measures have been completed. • If the find includes human remains, or remains that are potentially human, they shall ensure reasonable protection measures are taken to protect the discovery from disturbance (Assembly Bill [AB] 2641). The archaeologist shall notify the Orange County Coroner (per § 7050.5 of the Health and Safety Code). The provisions of § 7050.5 of the California Health and Safety Code, § 5097.98 of the California PRC, and AB 2641 will be implemented. If the coroner determines the remains are Native American and not the result of a crime scene, the coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MLD) for the Project (§ 5097.98 of the PRC). The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (§ 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (§ 5097.98 of the PRC). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641). Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction. GEOLOGY AND SOILS Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption - MMRP City of Tustin 9 1 GP EIR MM GEO-3(a) is applicable to the proposed Project; however, GP EIR MM GEO-3 subsections (b) and (c) are specific to the East Tustin Specific Plan and are therefore not applicable because the Project site is not located within the East Tustin Specific Plan area. Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials GP EIR MM GEO-1: Through the City's development review and subdivision review processes, the City Community Development and Public Works Department shall identify soil related safety problems associated with proposed development, determine the potential for hazard, determine the amount of development supportable on the site, and require appropriate mitigation of new development impacts. (Implementation Program No. 22 from the General Plan Conservation/ Open Space/ Recreation Element). Prior to issuance of grading permits Project Applicant/City of Tustin Building and Planning Divisions GP EIR MM GEO-3: The City Community Development Department shall protect soils and topography within the City by: a) reviewing and incorporating provisions of detailed soils reports for development into approved plans as provided for in the City Grading and Excavation Code; b) incorporating standards and guidelines of the East Tustin Specific Plan and Grading Manual through the Design Review process into development proposals, particularly designated hillside districts; and c) encouraging cluster development standards and siting guidelines contained in the East Tustin Specific Plan for citywide development concentrating higher intensity development on less sensitive portions of the site and retain greater open space and minimize grading impacts. (Implementation Program No. 33 from the General Plan Conservation/ Open Space/ Recreation Element).1 Prior to issuance of grading permits Project Applicant/City of Tustin Community Development Department GP EIR MM CULT-1: The City Community Development Department shall preserve archaeologic and paleontological resources within the City by: • Requiring developers to perform archaeological and paleontological surveys prior to grading in areas known or suspected to contain such resources; and • Enforcing provisions of the California Environmental Quality Act regarding preservation or salvage of significant historic, archaeological and paleontological sites discovered during construction activities. (Implementation Prior to issuance of grading permits Project Applicant/City of Tustin Building Division Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption - MMRP City of Tustin 10 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials Program No. 34 from the General Plan Conservation/ Open Space/ Recreation Element). LAND USE AND PLANNING GP EIR MM LU-10: The City Community Development Department shall utilize the site plan and design review process and the California Environmental Quality Act, as applicable, in review of development projects to minimize environmental impacts and promote high quality design and physical appearance, compatible and sensitive to the City's natural resources and availability of municipal services and facilities. (Implementation Program No. 20 from the General Plan Land Use Element). Prior to Project approval City of Tustin Community Development Department NOISE GP EIR MM NOI-6: Through the Design Review process Noise Element Standards of compatibility described in Tables N-2 and N-3 of the Element, the City Community Development Department shall apply the noise standards to new development proposals and methods to mitigate anticipated impacts, such as building orientation and acoustical barriers, shall be applied to meet the standards. (Implementation Program No. 6 from the General Plan Noise Element). Prior to Project approval Project Applicant/City of Tustin Community Development Department GP EIR MM NOI-6: Interior and exterior noise levels for proposed new development shall be required by the Community Development Department to meet the California Noise Insulation Standards (Title 25 of the California Administrative Code). These standards shall also be applied to all single-family developments and condominium conversion projects where feasible. (Implementation Program No. 7 from the General Plan Noise Element). Prior to Project approval Project Applicant/City of Tustin Community Development Department POPULATION AND HOUSING GP EIR MM POP-13: The City Community Development Department shall require all new construction to be subject to State energy conservation requirements (Title 24) as a condition for the issuance of a building permit. (Implementation Program No. 18 from the General Plan Housing Element). Prior to issuance of a building permit Project Applicant/City of Tustin Community Development Department Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption - MMRP City of Tustin 11 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials GP EIR MM POP-23: The City Community Development Department shall require that Environmental Impact Reports and subdivision plans address energy conservation measures and solar access. Include, as necessary, mitigating measures to ensure that developers implement the requirements of Title 24. (Implementation Program No. 30 from the General Plan Housing Element). Prior to issuance of a building permit Project Applicant/City of Tustin Community Development Department PUBLIC SERVICES GP EIR MM SVC-1: The City Community Development and Public Works Departments shall promote fire prevention through: (a) coordination with Public Works and the Orange County Fire Department in their review of minimum fire flow and distribution requirements for water in review of new development; (b) adopt the Uniform Fire Code provisions and recommend amendments for special applications in Tustin reflecting special topographic, geologic and climatic conditions; and (c) encourage the Orange County Fire Department to provide public information identifying potential fire hazards in Tustin and preventative measures the public can take to minimize risks. (Implementation Program No. 9 from the General Plan Public Safety Element). Prior to issuance of a building permit Project Applicant/City of Tustin Community Development Department GP EIR MM SVC-2: The City Public Works Department shall continue to require dedication of right- of-way and improvement of streets and infrastructure consistent with the provisions of the Tustin City Code and in concert with other public facility and service providers (Implementation Program No. 9 from the General Plan Land Use Element). Prior to Project approval Project Applicant/ City of Tustin Public Works Department/ Community Development Department TRANSPORTATION GP EIR MM TRA-3: The City Public Works Department shall: • Establish setback lines for future right-of-way to protect ultimate roadway integrity. • As part of development review, continue to require dedication of necessary right-of-way and improvement of streets at developer's expense pursuant to Article 7, Chapter 2 and any other sections that may apply to the Tustin City Prior to Project approval Project Applicant/ City of Tustin Public Works Department/ Community Development Department Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption - MMRP City of Tustin 12 Mitigation Measure Implementation Timing Responsible Party/Verification Date Completed and Initials Code. (Implementation Program No. 3 from the General Plan Circulation Element). GP EIR MM TRA-6: The City Community Development and Public Works Departments shall review all projects as indicated below: • As part of development review, consider impacts of new driveway locations and midblock access points on traffic. • Review all information on projects for consistency with Circulation Element. • Review Traffic Demand Management (TDM) submittals and impose requirements consistent with the City's TDM Ordinance. (Implementation Program No. 6 from the General Plan Circulation Plan). Prior to the issuance of building permits Project Applicant/ City of Tustin Public Works Department/ Community Development Department Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC 2441 Michelle Drive Industrial Redevelopment Project CEQA 15183 Exemption City of Tustin 13 End of document. Docusign Envelope ID: 975EB4B6-1B79-83A1-808F-CEBA7AE23BDC