HomeMy WebLinkAboutSR - APP-0533-14 - PART 2 EXHIBIT A DRAFT ENVIRONMENTAL IMPACT REPORT NO 1818-09 SE�TI�N 5��1. E�tlfl��?�I�ENTA►L IMPA��'�t��►�.�''���
Introduction to Environmental Analysis
Sections 5.1 through 5.17 of the Draft EIR contain a discussion of the potential environmental impacts
related to the implementation of the proposed Rio Santiago project. This discussion includes information
related to existing site conditions.
Environmental Topics
The potential environmental effects of the project are analyzed in the following topical environmental
issue areas:
• Aesthetics � • Land Use and Planning '�
• Agricultural and Forestry Resources • Mineral Resources
• Air Quality • Noise
• Biological Resources • Population and Housing
• Cultural Resources '� • Public Services
• Geology and Soils • Recreation
• Greenhouse Gas Emissions • Transportation and Traffic
• Hazards and Hazardous Materials • Utilities and Service Systems
• Hydrology and Water Quality
Format Used for Impact Analysis
Each of the environmental impact analysis sections contains the following components:
• Introduction identifies the purpose and authority of the EIR, the scope of the EIR, document
terminology, technical documents prepared far the EIR, lists contact information for key
individuals, and provides locarions where the Draft EIR will be available far public review.
• Existing Environmental Setting identifies and describes the existing on-site physical
environmental conditions existing at the time of publication of the NOP, and which constitute the
baseline physical conditions that assist in detertnining whether an impact is significant.
• Regulatory Setting identifies those regulations that are applicable to a particular subject matter.
City of Orange-Draft EIR—May 2013 Page 5-1
Rio Santiago Project SCH No. 2009051072
5.0 Environmental Impact Analysis
• Significance Thresholds identifies thresholds from Appendix G of the State CEQA Guidelines,
or other published documentation that assists in a determination of whether an impact is
significant. The City's local CEQA Guidelines added thresholds of significance related to the
Hydrology and Water Quality topical environmental issue area. The City has not adopted
vibration impact criteria for construction-related vibration levels. The Federal Transit
Administration groundborne noise and vibration impact thresholds were used in the analysis of
vibration impacts. The remainder of the thresholds of significance used is contained in Appendix
G of the State CEQA Guidelines.
• Evaluation of Potential Project Impacts describes environmental changes to the existing
physical conditions that may occur if the proposed project is implemented, and evaluate these
changes with respect to the thresholds of significance. Potentially significant impacts are
discussect in this section.
• Project Design Features are specific design features that have been incorporated into the
proposed project to avoid potential impacts or to reduce potential impacts to a level of
insignificance. In many cases, PDFs represent the project applicant's response to CEQA's
encouragement to incorporate changes or alterations into the project as part of the project
description to avoid or reduce significant effects on the environment. Therefore, where the PDF
avoids a potential impact or reduces a potential impact to a level of insignificance, the DEIR will
conclude that there is no significant impact and no mitigation will be required. PDFs are not
mitigation measures. However, the project is monitored for PDF implementation so that
significant impacts do not occur.
• Mitigation Measures identifies those specific measures that may be required of the project by
the Lead Agency in order to: (1) avoid an impact, (2) minimize an impact to a level of
insignificance, (3)rectify an impact by restoration, (4)reduce or eliminate an impact over time by
preservation and maintenance operations, or (5) compensate for the impact by replacing or
providing substitute resources.
• Level of Significance describes the level of impact significance remaining after mitigation
measures have been implemented.
Page 5-2 City of Orange-Draft EIR—May 2013
SCH No.2009051072 Rio Santiago Project
5.1 Aesthetics
5.1.1 Introduction
Purpose
The purpose of this section is to describe the visual resources on the project site and determine the
potential impacts that may result from implementation of the proposed project. This section also
identifies mitigation measures to reduce any potentially significant aesthetic impacts and describes the
residual impact, if any, after imposition of the mitigations.
Sources
The following sources were used in consideration and discussion of the potential environmental impacts:
• Biological Resources Assessment Rio Santiago, Ciry of Orange, prepared by PCR
Services Corporation, January 2013, as provided in Technical Appendix C, Biological
Resource Assessment to this Draft EIR.
• City of Orange General Plan Program EIR, prepared by EDAW, March 2009.
• Draft Rio Santiago Specific Plan, City of Orange, prepared by KTGY, May 2013.
• General Plan, City of Orange, March 2010.
• Master Plan of Recreational Trails, City of Orange, Apri127, 1993.
• Orange Park Acres Plan, City of Orange, December 23, 1973.
• Tree Survey Report Rio Santiago, City of Orange, prepared by PCR Services
Corporation, January 2013, as provided in Technical Appendix E, Tree Inventory Report
to this Draft EIR.
• 1975 East Orange (EO) General Plan, City of Orange, August 1975.
• Comments received during the public review period and at the scoping meetings. These
comments are contained in Appendix A,Public Participation Process.
5.1.2 Existing Environmental Setting
The majority of the southern portion of the proposed project consists of disturbed habitat. Santiago Creek
runs through the proposed project site from the eastern boundary and exits at the western boundary.
Materials Recycling
Approximately five acres in the southeastern portion of the project site are used as a materials recycling
area. This area includes apparatus for the crushing of boulders, bricks, rocks, etc. for recycling. The
materials recycling area additionally includes operations that provide for the cement treatment of base
materials. Figure 3-5, Materials Recycling, provides the present location of the materials recycling
area. Material for this operation originates primarily from off-site sources. Access to the materials
City of Orange-Draft EIR—May 2013 Page 5.1-1
Rio Santiago Project SCH No. 2009051072
5.1 Aesthetics
recycling area is from a controlled entrance along East Santiago Canyon Road. Materials generated by
this operation have historically been used on and transported off the project site. The materials generated
by this operation at issuance of the NOP were being taken off-site. Materials recycling will continue on
the project site through the construction of the proposed project until Planning Area D is developed.
Figure 5-1.1, Planning Areas and Materials Recycling and Backfilling, show the Planning Area
Boundaries in relation to the materials recycling operation.
Backfilling Operation
To restore previously mined portions of the site (south of Santiago Creek), a portion of the project site is
presently being backfilled as a permitted land use. The existing backfill operation is not a permanent use.
The project site is presently being backfilled in sequentially defined phases. Figure 3-6, Backfill
Operation, provides the location of the backfill operation. The project site is being over excavated (i.e.,
removal of unsuitable materials) and filled in the present backfill operation. The applicant has indicated
that additional grading permit(s) will be requested from the City to complete backfilling of all previously
mined portions of the project site. As previously noted, the project site was used from 1919 to 1995 for
surface mining of sand, gravel, and other aggregates. Previously mined portions of the project site were
used for residue silt deposition, otherwise known as silt ponds. The backfilling operation addresses both
mined and silt pond areas.
In March 201 l, the City issued Grading Permit#2047 related to the backfill operation. Table 17.32.020,
Sand and Gravel District Use Regulations, of the Orange Municipal Code states that backfilling is a _
permitted use (P) in the S-G (Sand and Gravel) District. Figure 5-1.1, Planning Areas and Materials
Recycling and Bac�lling, show the Planning Area Boundaries in relation to the backfilling operation.
Approximately 57 acres of the project site are included in the backfilling operation. Per Public Resources
Code Section 21080(b)(1), CEQA does not apply to ministerial actions, therefare, no CEQA
environmental review was conducted for the permitted and existing ministerial approved grading.
This approved, on-going backfill operation currently is separate and distinct from the proposed project.
However, most of this grading would have to occur to construct the proposed project. Therefore, as a
practical result, from the date of project approval the backfilling and grading will become project site
preparation activities and, as such, are analyzed as part of the construction phase of the project. In
addition, grading permit(s) will be requested from the City to complete the backfilling of the previously
mined portions of the project site.
Perimeter Fencing
The project site has existing chain link fencing around the perimeter. The chain link fencing is
approximately six feet tall. The fencing along East Santiago Canyon Road includes signage for the
materials recycling and backfilling operators. The fencing includes an entrance gate along East Santiago
Canyon Road.
_...�
Page 5.1-2 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
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5.1 Aesthetics
Equipment
The project site presently stores equipment used for the materials recycling and backfilling operations. At
issuance of the NOP, the backfilling operation equipment was stored at the main entrance to the project
site setback from East Santiago Canyon Road. However, the equipment is being used throughout the day
in different areas of the approved backfilling permit. Additionally, the backfilling operation includes a
project management trailer of the main entrance to the project site. Equipment for the materials
recycling operation is located at the southeast corner of the project site adjacent to East Santiago Canyon
Road. The equipment includes dozers, backhoe, scrapers, water trucks, loader, compactar, water pulls,
and excavator. Please refer to Figure 5-1.1, PlanningAreas and Materials Recycling and Bac�lling, for
the project areas where backfilling was occurring at issuance of the NOP.
Nighttime Lighting
Nighttime lighting does not presently exist on the project site.
Daytime Glare
Daytime glare does not presently exist on the project site, other than intermittently from trucks and other
equipment used on-site as described above.
Shade and Shadow
The issue of shade and shadow pertains to the blockage of direct sunlight by project buildings,which may
affect adjacent properties. Shading is an environmental issue because the users of lands uses, such as
residential, recreational/parks, churches, schools, outdoor restaurants, and pedestrian areas have
reasonable expectations for direct sunlight and warmth from the sun. These land uses are general termed
"shadow-sensitive".
Shadow lengths are dependent on the height and size of buildings from which they are cast and the angle
of the sun. The angle of the sun varies with respect to the rotation of the earth (i.e., time of day) and
elliptical orbit (i.e., change of season). The longest shadows are cast during the winter months and the
shortest shadows are cast during the summer months. For the purposes of this EIR, the worst case
condition of winter solstice was analyzed.
Topography
Overa//Project Site
The project site is relatively flat with an overall change in elevation from 380 to 410 feet above mean sea
level (AMSL). Elevation on the project site averages 400 feet above AMSL. The current topography has
been relatively undisturbed since the 1980's(www.historicaerials.com).
Santiago Creek
A single topographic drainage feature, Santiago Creek is associated with the project site. Santiago Creek
corresponds with a"blue-line" stream as depicted on the Orange, California U.S Geologic Survey(USGS)
7.5-minute topographic quadrangle map, and exhibits an Ordinary High Water Mark(OHWM) as well as
a defined bed and bank. Santiago Creek enters the site at the eastern boundary, flows west, and exits the
Page 5.1-4 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.1 Aesthetics
western boundary at Cannon Street and is tributary to the Santa Ana River. The drainage feature splits
near the central portion of the project site, with an upland area separating Santiago Creek into two braids.
The average width of the drainage feature is approximately 55 feet, which includes the area between the
ordinary high water mark and the adjacent defined wetland areas. Wetland areas are generally located on
either side of the active channel.
Santiago Creek was significantly altered during past sand and gravel mining operations; however, it now
appears to be relatively undisturbed. The current alignment of Santiago Creek was established around
1980. Santiago Creek has revegetated over the last few decades establishing Santiago Creek much as it
lies today. Please refer to Section 5.4,Biology related to species in the Santiago Creek area.
Vegetation and Trees
Vegetation
A total of 10 vegetation communities/habitat types occur within the project site as illustrated in Section
5.4, Biolo�. These include: Urban/Developed, Disturbed HabitatlRuderal, Non-Native Grassland,
Ornamental, Coastal Sage Scrub, Southern Willow Scrub, Eucalyptus Woodland, Undifferentiated Open
Woodland, Coast Live Oak Forest, and Southern-Cottonwood Willow Riparian Forest. Section 5.4,
Biology, Table 5.4-1, Summary of Habitat Type / Vegetation Community, provides a summary of the
existing acres mapped for each habitat type/vegetation community within the project site.
Trees
The project site contains a number of different tree species that occur in isolation and in stands. Tree
resources within the project site and immediate vicinity are associated with riparian, woodland, and
ornamental vegetation communities that commonly contain tree species. At issuance of NOP, there are
257 trees within the project site. A total of 323 trees were surveyed within the project site, of which 302
trees are located within the development footprint and off-site areas of the project site (and 21 will be
avoided). Of the 228 trees on-site that will be impacted within the 71.9-acre development footprint, 1 tree
is within the 0.05-acre storm drain outlet footprint and 28 trees are within the 0.71-acre associated
temporary 100-foot construction buffer. Of the 74 trees within the 2.01-acre off-site area that will be
impacted, 26 trees will be removed and 48 trees are within Fuel Modification Zones C and D and will be
left in place but will be subject to thinning. Please refer to Figure 5.4-3, Regulated Trees and Figure 5.4-
12, Impacts to Regulated Trees for details related to tree locations and the development footprint. Please
refer to Section 4.0,Biology for specific details related to trees on the project site and Technical Appendix
E, Tree Inventory Report this Draft EIR
Scenic Vistas
The City's General Plan EIR defines a scenic vista as a viewpoint that provides expansive views of a
highly valued landscape for the benefit of the general public (page 5.1-1). Portions of Orange are
characterized by scenic vistas including undeveloped hillsides, ridgelines, and open space area that
provide a unifying visual backdrop to the urban environment. Officially-designated scenic vistas do not
occur on or adjacent to the project site.
City of Orange-Draft EIR—May 2013 Page 5.1-5
Rio Santiago Project SCH No. 2009051072
5.1 Aesthetics
The nature of the existing site development has resulted in a land use characterized by vacant disturbed
grounds. There are views of and across the site from adjacent public streets and private residences.
Figures 5.1-2,Photograph Location Map, and Figures 5.1-3,Project Site Photographs, provide a location
map and existing conditions site photograph.
Views of the existing conditions of the project site as depicted on Figures 5.1-3, Project Site
Photographs, are characterized as follows:
View A: View from East Santiago Canyon Road. Chain link fence with disturbed
land beyond. No pedestrian access, developed East Santiago Canyon
Road, and overhead utilities.
Views B,C, & D: Views from the adjoining Mabury neighborhood. Chain link and/or rail
fence with predominately disturbed land beyond. No access or utilities
visible.
View E: View from adjacent The Reserve neighborhood. Disturbed land with
limited vegetation. Distant view of the Mabury neighborhood across
project site.
View F: View from East Santiago Canyon Road. Chain link fence with disturbed
land beyond. No pedestrian access, developed East Santiago Canyon
Road and overhead utilities.
View H: View from East Santiago Canyon Road west of approximate project site
proposed entrance. Chain link fence with disturbed land beyond. No
pedestrian access,developed East Santiago Canyon Road, and overhead
utilities.
View M: View from rear yard of the home at 6705 E. Oak Lane. Block wall with
dense vegetation. Visible through trees and shrubs.
The following descriptions of viewsheds, scenic view, viewscape corridor, scenic resource, and visual
corridor are provided to provide a frame of reference for the analysis of potential project impacts.
Viewsheds
The City General Plan describes a viewshed as the space that is readily visible from the public areas of
the City. It is desirable that the views provided be inviting,meaningful, or even scenic.
Scenic View
The City has not established specific criteria to evaluate impacts to a scenic view in the community.
Therefare, for the purposes of the Draft EIR, impacts to a scenic view will be evaluated based on the
following. "... sensitive public views that would be most affected by the subject action (e.g., the greatest
intensity of impact due to viewer proximity to the project and project visibility, duration of the affected
view, etc.).
Page 5.1-6 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
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5.1 Aesthetics
Viewscape Corridor
The City's General Plan EIR defines viewscape corridars as routes that traverse a corridor within which
unique or unusual scenic resources and aesthetic values are found. City roadways have scenic qualities
and are designated as viewscape corridars by the County of Orange. County designated viewscape
corridors include portions of Jamboree Road, Santiago Canyon Road, and Newport Boulevard. The City
does not contain any County-designated landscape corridors.
The State has designated highways as scenic highways. The State Route-91 (SR-91) is an officially
designated State scenic highway. SR-91 is located just to the north and outside the City.
According to the Visual and Aesthetic Resources of the City's General Plan (page NR-8), Policy 7.2, (as
shown on Figure NR-4, Viewscape Corridors ) the section of Santiago Canyon Road designated a
viewscape corridor is located to the east of Jamboree Road and is not within the vicinity of the project
site.
Scenic Resource
The City's General Plan EIR defines scenic resources as those landscape patterns and features that are
visually ar aesthetically pleasing and that,therefore, contribute affirmatively to the definition of a distinct
community or region including but, are not limited to trees, rock outcroppings, and historic buildings.
Scenic areas, open spaces, rural landscapes, vistas, country roads, and other factors interact to produce a
net visual benefit upon individuals ar communities. Santiago Geek is considered a scenic resource by the
City's General Plan EIR.
Visual Character
The City's General Plan EIR defines visual character as descriptive and non-evaluative, which means it is
based on defined attributes that are neither good nor bad in and of themselves. The City is characterized
as an urbanized area surrounded by undeveloped hillsides, creek corridors, and regional parks. The
westernmost part of the City is characterized by an abundance of commercial districts and industrial uses.
To the east of this area, the character of development transitions to suburban development patterns with
primarily residential neighborhoods, and into semirural residential neighborhoods. The project site is
located in the eastern portion of the City. This area is characterized by low hills and open spaces, which
enclose the developed portion of the City and act as visual backdrop.
5.1.3 Regulatory Setting
Federal
There are no Federal regulations associated with this topical environmental issue area.
State
The State Department of Transportation's (Caltrans) Landscape Architecture Program administers the
Scenic Highway Program contained in the Streets and Highways Code, Sections 260-263. State highways
are classified as either Officially Listed or Eligible. The intent of this program is to protect and enhance
the natural scenic beauty of California highways and adjacent corridors through special conservation
City of Orange-Draft EIR—May 2013 Page 5.1-9
Rio Santiago Project SCH No. 2009051072
5.1 Aesthetics
treatment. A highway may be designated scenic depending upon how much of the natural landscape can
be seen by travelers, the scenic quality of the landscape, and the extent to which development intrudes .
upon the traveler's enjoyment of the view.
There are no Officially Listed or Eligible highways near or overlooking the project site. The nearest
officially listed highway is State Route 91 (SR-91); and, is so designated between State Route 55 (SR-55)
and the eastern Anaheim city limits. SR-91 is located approximately 4.5 miles north from the project site.
County of Orange
The Orange County General Plan designates specific roadways as Designated Scenic Highways according
to two types:
• Type I Viewscape Corridors: a viewscape corridor is a route which traverses a corridor within
which unique or unusual scenic resources and aesthetic values are found. This designation is
intended to minimize the impact of the highway and land development upon the significant scenic
resources along the route. Safety roadside rests and vista points should be developed, when
feasible and where appropriate,to enhance any exceptional scenic values.
• Type II Landscape Carridors: a landscape corridor traverses developed or developing areas and
has been designated for special treatment to provide a pleasant driving environment as well as
community enhancement. Development within the corridor should serve to complement the
scenic highway. .�.
The County's General Plan Scenic Highway Component identifies the scenic highway routes. The
primary purpose of the Scenic Highways Component is to define the policy guidelines pertaining to the
implementation of the Scenic Highways Plan. The Scenic Highway Plan attempts to incorporate safety,
utility, economy, and aesthetics into the planning, design and construction of scenic highways. East
Santiago Canyon Road adjacent to the project site is not a County-designated scenic roadway, as defined
on Figure IV-11, Scenic Highway Plan(page IV-34)of the Orange County General Plan
City of Orange
Gene�a/P/an
The City's General Plan addresses aesthetics related to the preservation of community character, while
encouraging and accommodating new development. A detailed consistency analysis of the City's General
Plan Goals and Policies and the Rio Santiago Specific Plan (Rio Santiago) is provided in Section 5.9,
Land Use and Landing. East Santiago Canyon Road adjacent to the project site is not a City-designated
scenic highway.
Zoning Code
The City's Municipal Code Title 17 Zoning, Chapter 17.12 General Regulations Applicable to All
Districts, Section17.12.030 Lighting regulates lighting. Section 17.12.030 states the following regulation:
The following provisions shall apply:
Page 5.1-10 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.1 Aesthetics
A. Lighting on any premises shall be directed, controlled, screened or shaded in such a
manner as not to shine directly on surrounding premises. Furthermore, lighting on any
residential property shall be controlled so as to prevent glare ar direct illumination of any
public sidewalk or thoroughfares.
The City's Tree Preservation Ordinance (Municipal Code Chapter 12.32) protects all trees, regardless of
species, that measure a minimum 0.5 inches in circumference, measured at a point 24 inches above the
ground. The purpose of the Ordinance is provided below:
The primary concern of the City Council of the City is the regulation of large scale tree
removal from undeveloped property in that large parcels of undeveloped acreage are
more likely to have a vast number of trees,the removal of which is more likely to have an
adverse effect upon the surrounding environment. Past destruction of trees on such
property has not only interfered with the natural scenic beauty and tourism of the City,
but also greatly diminished the ecological value of such natural vegetation.
It is noted that other areas of the Code related to aesthetics, do not apply because of the Planning
Community(PC)zoning allows for the Specific Plan(SP)to create its own design standards.
5.1.4 Significance Thresholds
The following thresholds of significance have been established for the evaluation of the proposed
project's potential aesthetics impacts consistent with Appendix G of the State CEQA Guidelines:
Threshold AES-A Would the proposed project have a substantial adverse effect on a scenic vista?
Threshold AES-B Would the proposed project substantially damage scenic resources, including, but
not limited to, trees, rock outcroppings, and histaric buildings within a state
scenic highway?
Threshold AES-C Would the proposed project substantially degrade the existing visual character ar
quality of the site and its surroundings?
Threshold AES-D Would the proposed project create a new source of substantial light or glare
which would adversely affect day or nighttime views in the area?
5.1.5 Evaluation of Potential Project Impacts
This section will evaluate whether the proposed project would potentially have a substantial adverse
effect on aesthetics. This evaluation assumes that the project will be implemented consistent with the
Project Description, including all Project Design Features(PDF's).
Project Design Features
All Project Design Features (PDF's) associated with aesthetics are noted below in Table 5.1-1, Project
Design Features &Aesthetics Impact Comparison. The table identifies the PDF's related to each CEQA
threshold. The checkmark indicates that the PDF reduces, eliminates, and/or avoids impacts associated
, with the related threshold. Refer to the threshold analysis for specific details.
City of Orange-Draft EIR—May 2013 Page 5.1-11
Rio Santiago Project SCH No. 2009051072
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5.1 Aesthetics
Scenic Vistas
Threshold AES-A Would the proposed project have a substantial adverse effect on a scenic vista?
[CEQA Aesthetics Threshold 1(a)]
Short-Term Construction
There are no scenic vistas identified in the City's or any Agency's general plan, specific plan, or zoning
ordinance on or adjacent to the project site. Additionally, although categorized as a scenic resource,
Santiago Creek is not designated as a scenic vista in an adopted plan. Therefore, the proposed project
would not impact an adopted scenic vista during construction activity and no mitigation measures would
be required.
The development of the proposed project would result in changes to views on and across the project site
during construction, as viewed from off-site locations. There are views of and across the project site from
adjacent public streets and private residences. Views of the project site are characterized above in
Existing Conditions, Scenic Vistas. The amount, size, and location of vegetation and distance between
the receptor and the project site would influence the perception of view impact.
In March 2011, the City issued Grading Permit #2047 related to the backfill operation. The Notice of
Preparation (NOP) for the proposed project was issued by the City on April 7, 2011, subsequent to the
issuance of Grading Permit #2047. This approved, on-going backfill operation currently is separate and
distinct from the proposed project. However, some of this grading would have to occur to construct the
proposed project. Activities related to mass grading and establishment of super pads would be anticipated
to disturb a total of 65 acres and occur over 4.4 years (personal communication with project applicant).
Construction vehicles located on the project site, materials stored on the project site, site preparation
activities, and the construction of on- and off-site infrastructure may be perceived as having a substantial
adverse effect on scenic views during construction activities. For additional information related to
demolition, grading, and soil please refer to Section 3.0, Project Description, subsection 3.8, Demolition,
Grading Concept, and Soil Balance.
P/anning A�ea A
A majority of Planning Area A would remain in its existing condition during the short-term construction
phase of the proposed project. However, grading and construction for infrastructure improvements would
occur in Planning Area A adjacent to Planning Areas B, C, and D along the southern edge. These
infrastructure improvements include: drainage, flood control, and multi-purpose trails. These
infrastructure improvements will occur along the south side of the Santiago Geek for flood control and at
two locations depicted on Figure 3-4, Tentative Tract Map for drainage. No infrastructure improvements
are proposed to occur to the north of Santiago Creek. At the time the NOP was published,the backfilling
operation was occurring in Planning Area A, to the south of Santiago Creek adjacent to Planning Areas B
and C. However, the backfilling operation was not occurring in Planning Area A, adjacent to Planning
Area D. The portion of Planning Area A, where grading and construction for infrastructure
improvements would occur, while disturbed, is vacant and may be perceived as having a substantial
degradation of short-term visual character due to construction impacts (i.e., earth mounds, pits,
City of Orange-Draft EIR—May 2013 Page 5.1-17
Rio Santiago Project SCH No. 2009051072
5.1 Aesthetics
equipment, and loss of vegetation). Therefore, the following impact would have the potential to occur
and mitigation is proposed:
Impact AES-1: The proposed project may be perceived as substantially degrading the short-term
visual impact on a portion of Planning Area A.
MM AES-1: Prior to issuance of grading permits for the proposed project, the project
applicant shall require that the grading contractor submit written documentation
to the Director of Public Works or designee that the perimeter of the project site,
where grading activities occur within 50 feet of any off-site residence, shall be
temporally fenced. The fence shall consist of a screening material (opaque) that
is low porous material and shall be maintained throughout the duration of
construction for the proposed project.
The short-term construction impacts of the proposed project would be anticipated to be consistent with
the permitted, on-going backfilling operation. However, grading and construction of infrastructure
improvements for drainage and flood control are project specific actions. PDF AES-14 and Mitigation
Measure AES-1 would reduce construction impacts (Impact AES-1); however, these would not eliminate
this potential perceived short-term visual impact. While this impact would be temporary and visually
similar to the backfilling operation, it may be perceived as substantially degrading the visual character of
the Planning Area A. Temporary construction impacts typically do not result in significant and
unavoidable impacts to visual resources because they are temporary in nature and mitigation such as '
temporaty screen can be incorporated. However, based upon the backfilling operation occurring
presently on-site, which includes significant stockpiling of materials, excavation pits, and other land form
alternations, such mitigation measures as temporary screening are deemed not able to reduce these
impacts to be less than significant when viewed related to the entire project site. Therefore, the proposed
project would have an unavoidable short-term significant impact on scenic views during construction
activity.
P/anning A�eas B and C
At the time the NOP was published, the backfilling operation was and remains a permitted use in a
portion of Planning Area A, and all of Planning Areas B, C, and D. A grading permit far the backfilling
operation has been issued by the City of activities for a portion of Planning Areas B and C. Refer to
Figure 3-6, Backfill Operation. The proposed project construction activities in Planning Areas B and C
would not be anticipated to significantly impact scenic vistas as views would remain similar to the
existing conditions at the time of the NOP (backfill operation). Therefore, a less than significant impact
would occur and no mitigation measures are proposed.
P/anning Area D
Planning Area D presently includes a materials recycling operation on five acres. The remainder of
Planning Area D at the time the NOP was published was vacant However, it may be anticipated that the "'
backfilling operation will be requesting permits to restore this portion of Planning Area D. The portion of
Page 5.1-18 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.1 Aesthetics
Planning Area D that was vacant at the time the NOP was published may be perceived as having a
substantial degradation of short-term visual character due construction impacts (i.e., earth mounds, pits,
equipment, and loss of vegetation). Therefore, the following impact would have the potential to occur
and mitigation is proposed:
Impact AES-2: The proposed project may be perceived as substantially degrading the short-term
visual impact on a portion of Planning Area D.
MM AES-2: Prior to issuance of grading permit, the project applicant shall require that the
grading contractar submit written documentation to the Director of Public Works
or designee that the perimeter of the project site along East Santiago Canyon
Road shall be temporally fenced. The fence shall consist of a screening material
that is low porous material and shall be maintained throughout the duration of
construction for the proposed project.
The short-term construction impacts of the proposed project would be consistent with the backfilling
operation; however, as mentioned above the backfilling operation was not occurring on Planning Area D
at the time the NOP was published. The materials recycling operation was happening on five acres
adjacent to East Santiago Canyon. Mitigation Measure AES-2 and PDF AES-14 would reduce
construction impacts (Impact AES-2); however, these would not eliminate this potential perceived short-
term visual impact. While this impact would be temparary, it may be perceived as substantially
degrading the visual character of the vacant portion of Planning Area D. While this impact would be
temporary and visually similar to the backfilling operation, they may be perceived as substantially
degrading the visual character of the Planning Area D. Temporary construction impacts typically do not
result in significant and unavoidable impacts to visual resources because they are temporary in nature and
mitigation such as temporary screening can be incorporated. However, based upon the backfilling
operation occurring presently on-site, which includes significant stockpiling of materials, excavation pits,
and other land form alternations, such mitigation measures as temporary screening are deemed not able
to reduce these impacts to be less than significant when viewed related to the entire project site.
Therefore, the proposed project would have an unavoidable short-term significant impact on scenic views
during construction activity.
Long-Term Operation
There are no adopted scenic vistas identified in the City's or any Agency's general plan, specific plan, or
zoning ordinance on ar immediately adjacent to the project site. As noted above, Santiago Creek is not
designated as a scenic vista in an adopted plan.
There are no Federal adopted scenic vistas. The nearest officially listed State highway is State Route 91
(SR-91). SR-91 is located approximately 4.5 miles north from the project site. The project site is not
visible from SR-91. No adopted County policies have been identified related to scenic vistas that would
be affected by the proposed project. No policies in the City's General Plan or Zoning Code have been
identified related to scenic vistas that would be affected by the proposed project. There is no adopted
City of Orange-Draft EIR—May 2013 Page 5.1-19
Rio Santiago Project SCH No. 2009051072
5.1 Aesthetics
policy related to scenic vistas and mountain ranges in the vicinity of the project or at a distance.
Therefore, the proposed project would not impact an adopted scenic vista during long-term operation and
no mitigation measures would be required.
Adjacent properties and roadways have visual access to the project site. Figure 5.1-4, View Analysis
through Figure 5.1-12, View Analysis, provide existing and photo simulations of the proposed project.
Photo simulations are provided for the same views as existing conditions as indicated on Figures 5.1-2,
Photograph Location Map,and Figures 5.1-3,Project Site Photographs.
The proposed project would alter existing views in the project vicinity as described in Table 5.1-2, Scenic
View Analysis.
Table 5.1-2: Scenic View Analysis
View Location Analysis of Impact
A Northerly side of East Santiago The proposed project would alter the view. No change to
Canyon Road looking to the the near view would occur. The mid-range view would be
northeast. altered to include the proposed structures in Planning
Areas B and C. Landscape and improvements along East
Santiago Canyon Road would be visible. Distant view of
the hills would be reduced. The water tank and telephone
poles would be eliminated; however the fence (off-site,
County)would remain.
B Mabury Ranch looking to the The proposed project would alter the view. No change to �'°�
southeast. the near view of Planning Area A and the Santiago Creek
area would occur. Landscaping and the multi-use trail
would be visible in the near view. The mid-range view of
the materials recycling and backfill operations would be
replaced by residential development in Planning Areas C
and D to the east. Distant views of the hills would
remain.
C Mabury Ranch looking to the south. The proposed project would alter the view. No change to
the near view of Planning Area A and the Santiago Creek
area would occur. The mid-range view of the materials
recycling and backfill operations would be replaced by
residential development in Planning Area D to the east.
Distant views of the hills would remain.
D Mabury Ranch looking to the south. The proposed project would alter the view. No change to
the near view of Planning Area A and the Santiago Creek
area would occur. The mid-range view of vacant land
would be replaced by residential development in Planning
Area D. Distant views of the hills would remain.
E The Reserve looking to the west. The proposed project would alter the view. The near view
of Planning Area D would change from materials
recycling to single-family residential development. The
mid-range view of the materials recycling and backfill
operations would be eliminated and replaced with single-
family residences (Planning Area D) and age-qualified
residences (Planning Area C). No changes to the distant
Page 5.1-20 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.1 Aesthetics
Table 5.1-2: Scenic View Analysis
View Location Analysis of Impact
views would occur.
F The southerly side of East Santiago The proposed project would alter the view. The near
Canyon Road looking to the view of materials recycling and backfilling operations
northwest. would be replaced with single-family residences,
landscape parkway, and multi-use trail in Planning Area
D. The mid-range view of the rock materials recycling
and backfill operations would be replaced by single-
family residences, landscape parkway, street
improvements including landscape median and street
lights, and multi-use trail.No changes to the distant views
would occur.
G The southerly side of East Santiago The proposed project would alter the near view. The
Canyon Road looking to the near view of materials recycling and backfill operations
southeast. would be replaced with age-qualified residences,
landscape parkway, street improvements including
landscape median and street lights, and multi-use trail in
Planning Area C. There would be no impact to existing
visible mid-range view or distant views, as these views
are not presently visible from location G.
H The southerly side of East Santiago The proposed project would alter the near view. The
Canyon Road looking to the near view of material recycling and backfill operations
northeast. would be replaced with age-qualified residences,
landscape parkway, and multi-use trail in Planning Area
'" C. The mid-range view of the materials recycling and
backfill operations would be replaced by single-family
residences, landscape parkway, street improvements
including landscape median and street lights, and multi-
use trail in Planning Area C. Most of the distant views
would obscured by the age-qualified and single-family
residences, landscape parkway, street improvements
including landscape median and street lights, and multi-
use trail in Planning Areas C and D.
M Rear yard of 6705 E. Oak Lane The proposed project would not alter the near view. The
existing vegetation at location is dense. The mid-range
view, while predominately blocked by existing vegetation
would allow a glimpse of single-family residences in
Planning Area D. The proposed project would not alter
the distance view.
Source: Vista Community Planners(Vista)
City of Orange-Draft EIR—May 2013 Page 5.1-21
Rio Santiago Project SCH No. 2009051072
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SOURCE: VisionSca e.
VISTA
VIEW ANALYSIS A No s��
RIO SANTIAGO PROJECT - CITY OF ORANGE FIGURE 5.1-4
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SOURCE: VisionSca e.
VISTA
VIEW ANALYSIS B No-S��
RIO SANTIAGO PROJECT - CITY OF ORANGE FIGURE 5.1-5
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SOURCE: VisionSca e.
VISTA
VIEW ANALYSIS C No�
RIO SANTIAGO PROJECT - CITY OF ORANGE FIGURE 5.1-6
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SOURCE: VisionSca e.
VISTA
VIEW ANALYSIS D No��,E
RIO SANTIAGO PROJECT - CITY OF ORANGE FIGURE 5.1-7
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SOURCE: VisionSca e.
VISTA
VIEW ANALYSIS E No s��
RIO SANTIAGO PROJECT - CITY OF ORANGE FIGURE 5.1-8
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Proposed Yfew
SOURCE: VisionSca e.
VISTA
VIEW ANALYSIS F No-s��
RIO SANTIAGO PROJECT - CITY OF ORANGE FIGURE 5.1-9
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SOURCE: VisionScaP eposed View
VISTA
VIEW ANALYSIS G No�E
RIO SANTIAGO PROJECT - CITY OF ORANGE FIGURE 5.1-10
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5.1 Aesthetics
P/anning Area A
With the exception of the aforementioned infrastructure improvements, no other change to the visual
character of Planning Area A is anticipated. Long-term the proposed project provides for the re-
vegetation the areas subject to flood-control improvements. The multi-purpose trail is not anticipated to
be considered a substantial degradation of the visual character of the Planning Area. Therefore, a less than
significant impact would occur and no mitigation measures are proposed for this area.
P/anning Areas B, C, and D
The near term views of the project site are substantially graded by the backfilling and materials recycling
operations. However, based on the information provided in Table 5.1-2, Scenic View Analysis the
proposed project would modify the views of Planning Areas B, C, and D. This modification may be
perceived as a substantial degradation of visual character. Therefore, the following impact would have
the potential to occur and mitigation is proposed:
Impact AES-3: The proposed project may be perceived as substantially degrading the long-term
visual character of a portion of the project site, including Planning Areas B, C,
and D.
MM AES-3: Prior to the issuance of building permits for Planning Areas B, C, and D, the
proposed project would be required to submit detailed graphics and illustrations
for approval by the Design Review Committee with enhanced details for the
proposed solid wall(sound wall NOI PDF-1) locations.
PDF AES-1 through PDF AES-6, PDF AES-8 through PDF AES-14, PDF AES-21, would reduce
potential long-term impacts related to the proposed project improvements in Planning Area C and D.
These PDF's would require compliance with the City's Municipal Code related to landscaping and the
establishment of specific design features to lessen the impact on the visual character of this area.
Mitigation Measures AES-3,which requires additional review of the solid walls adjacent to East Santiago
Canyon Road would reduce Impact AES-3, however the development in these areas may be perceived as
substantially degrading scenic views to and of the project site. Therefore, an unavoidable long-term
visual impact would occur.
Level of Significance
With the inclusion of Mitigation Measures AES-1 through AES-3, the project impacts would be reduced;
however, a significant unavoidable impact related to scenic views in short-term Planning Area A (Impact
AES-1) and Planning Area D (AES-2) and long-term to Planning Areas B,C, and D (Impact AES-3)
would occur.
City of Orange-Draft EIR—May 2013 Page 5.1-31
Rio Santiago Project SCH No. 2009051072
5.1 Aesthetics
Scenic Resource
Threshold AES-B Would the proposed project substantially damage scenic resources, including, but -
not limited to, trees, rock outcroppings, and historic buildings within a state scenic
highway?
[CEQA Aesthetics Threshold 1(b)]
Trees
Trees would potentially be impacted during the short-term construction. The significance of potential
short-term tree impacts is discussed in Section 5.5, Biological Resources and Section 5.9, Land Use and
Planning, which includes Mitigation Measure BIO-5, which requires the project applicant to schedule for
replacing on-site trees at a minimum of 1:1 ratio. The trees will be a mix of 5 gallon, 15 gallon, and 24
inch box.
No long-term operational impacts of the proposed project related to trees as a scenic resource are
anticipated. Please refer to Appendix E, Tree Inventory Report for additional information. Therefore, no
impact would occur and no mitigation measures would be required.
Rock Outcroppings
The proposed project would not have a substantial adverse impact on rock outcropping as a scenic
resource because there are no significant rock outcroppings on the project site as verified in Appendix G,
Geotechnical Investigation. Therefore, no impact would occur and no mitigation measures would be
required.
Historic Buildings
The proposed project would not have a substantial adverse impact on historic buildings as a scenic
resource because there are no historic buildings on the project site. An analysis of site cultural recourses
including the absence of on-site historic buildings is further provided in Section 5.5, Cultural Resources
and in Appendix F, Cultural Resources Assessment and Paleontological Records Review. Therefore, no
impact would occur and no mitigation measures would be required.
State Scenic Highways
The proposed project would not have a substantial adverse impact on State Scenic Highways because
there are no State Scenic Highways on, adjacent, or close to the project site. There are no officially listed
or eligible highways near the project site. The nearest officially listed highway is State Route 91 (SR-91)
and is so designated between State Route 55 (SR-55) and the eastern Anaheim city limits. Therefore, no
impact would occur and no mitigation measures would be required.
Orange County Highways
The Orange County General Plan designates specific roadways as Designated Scenic Highways accarding
to two types:
• Type I Viewscape Corridors
• Type II Landscape Corridors
Page 5.1-32 City of Orange-Draft E/R—May 2013
SCH No. 2009051072 Rio Santiago Project
5.1 Aesthetics
The intent is to establish regulations and guidelines located within the Orange County General Plan
Section IV, Transportation related to land use restrictions, identification of vista points, and measures to
preserve outstanding scenic features. East Santiago Canyon Road adjacent to the project site is not a
County-designated scenic roadway (Type I or Type II), as define Figure N-11, Scenic Highway Plan
(page IV-34) of the Orange County General Plan. Therefore, the proposed project would not alter site
views from an adjacent County-designated scenic roadway, existing on-site land uses adjacent to East
Santiago Canyon Road are already highly disturbed and a less than significant impact would occur and no
mitigation measures would be required.
Santiago Creek
The City's General Plan states the following vision: "(C)ontinue to protect our critical watersheds, such as
Santiago Creek, and other significant natural and open space resources" (page NR-1). Santiago Creek is
located within Planning Area A,which the proposed project has designated as Open Space. The proposed
project does include infrastructure improvements to protect the Santiago Creek watershed, however no
other change to the visual character of Planning Area A are anticipated. Long-term the proposed project
provides for the re-vegetation the areas subject to flood-control improvements (as provided as PDF BIO-7
and MM BIO-3). This impact would be less than significant and no mitigation measures would be
required.
City of Orange Highways
The southern boundary of project site abuts East Santiago Canyon Road. The City does designate
Santiago Canyon Road as a scenic highway. This road is designated as a Major Highway in Chapter 3
(Circulation and Mobility) of the City General Plan, and as a Primary Arterial Highway in the County of
Orange Master Plan of Arterial Highways (MPAH). East Santiago Canyon Road would provide access to
and from the proposed project. The City General Plan describes a Major Highway as having six through
travel lanes, and may or may not have a median. Adjacent to the project site, East Santiago Canyon Road
has been constructed to Primary Highway standards, with 2 travel lanes in each direction and a median
separating opposing traffic. Development of the proposed project will be consistent with adopted street
standards. Therefore, no impact would be anticipated and no mitigation measures would be required.
Level of Significance
The proposed project would have a less than significant impact to scenic resources and no mitigation
measures would be required.
Visual Character or Quality of Site
Threshold AES-C Would the proposed project substantially degrade the existing visual character or
quality of the site and its surroundings?
[CEQA Aesthetics Threshold 1(c)]
Natural and manmade physical features of a community form an overall impression of an area. This
impression is referred to as"visual character." Visual character is studied as a point of reference to assess
City of Orange-Draft EIR—May 2013 Page 5.1-33
Rio Santiago Project SCH No. 2009051072
5.1 Aesthetics
whether a project would appear compatible with the established features of the setting/project area or
would contrast noticeably and be deemed unfavorably with them. ,
The proposed project does not propose changes to the existing visual character or yuality of the
surrounding community. The proposed project would change two areas off-site. The proposed project
would provide off-site improvements to East Santiago Canyon Road. Additionally, the proposed project
would provide flood-control protection on 2.01 acres off-site in Santiago Oaks Regional Park and remove
an existing fence. The 2.01 areas is disturbed vegetation. Neither of these actions would substantially
degrade the existing visual character of the surrounding off-site community. Therefore, no impact would
occur to the visual character of the surrounding community and no mitigation would be required.
The proposed project would alter the existing visual character of the project site with the elimination of
existing on-site current uses. At issuance of the NOP, the project was being used for the following
operations. The project site is presently being utilized for materials recycling on approximately 5 acres
located currently in the southeastern portion. The majority of the project site to the south of Santiago
Creek is presently being backfilled and contains the backfill operations and associated uses. The
remainder of the project site is vacant. The following provides an analysis of the changes to the visual
character of the site by Planning Area.
P/anning Area A
Planning Area A is in the northern portion of the site and fully encompasses Santiago Creek. Most of
Planning Area A lies north of Santiago Creek; however, a small portion of the area is located along the
south side of the Santiago Creek. Planning Area A is approximately 50 acres in size and would be
retained in its current condition except for infrastructure improvements. The infrastructure improvements
would include flood-control and a multi-use trail along the southern edge of the Planning Area.
Permitted Uses for Planning Area A, as defined by the Specific Plan include flood control improvements,
recreational trail, and natural open space.
Short-Term Site Preparation Construction Phase
The portion of Planning Area A that is presently not part of the backfilling operation, south of Santiago
Creek adjacent to Planning Area D may be perceived as having a substantially degraded short-term visual
character(AES-1). The short-term construction impacts of the proposed project would be consistent with
the backfilling operation; however, the operation was not occurring in this section of Planning Area A at
the time the NOP was published. PDF AES-14 and Mitigation Measure AES-1 would reduce
construction impacts; however, would not eliminate this potential perceived short-term visual impact.
While this impact would be temporary, it may be perceived as substantially degrading the visual character
of the Planning Area A. Therefore, the proposed project would have an unavoidable short-term
significant impact on scenic views during construction activity.
Page 5.1-34 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.1 Aesthetics
Long-Term Operational Phase
With the exception of the infrastructure improvements, no other change to the visual character of
Planning Area A is anticipated. Long-term the proposed project provides for the re-vegetation the areas
subject to flood-control improvements (as provided in MM BIO-3). The multi-purpose trail is not
anticipated to be considered a substantial degadation of the visual character of the Planning Area.
Permitted Uses allowed for in Planning Area A, as described by the Specific Plan include:
Permitted
• Flood control improvements • Natural open space
• Multi-use trail • Passive Park Uses
There are no conditional permitted uses in Planning Area A. PDF AES-1 l, PDF AES-12, and PDF AES-
14 through PDF AES-19 would reduce potential impact related to infrastructure improvements in
Planning Area A. These PDF's would require compliance with the City's Municipal Code related to
landscaping; establish landscape zones on the project site with plant palettes specific to location; and,
provide a transition between the undisturbed vegetation within Santiago Creek and proposed plantings.
Therefore, a less than significant long-term impact is anticipated and no mitigation measures would be
required.
P/anning Area B
Planning Area B is located in the southwestern corner of the site. This area is generally bordered by
Santiago Creek on the north, East Santiago Canyon Road to the south and the closed Villa Park Landfill
to the west. Planning Area B is presently being backfilled and contains the backfill operation and
associated uses. Please refer to Threshold AES-D related to light and glare for Planning Area B.
Short-Term Site Pre�aration Construction Phase
The grading and construction of improvements in Planning Area B would have short-term impacts on the
existing visual character. The improvements would be visible from off-site locations in the surrounding
community. These impacts would be temporary and are not anticipated to be perceived as substantially
degrading the existing visual character of Planning Area B. Planning Area B is presently being backfilled
and contains the backfill operation and associated uses. The proposed project construction activities in
Planning Areas B would not be anticipated to significantly impact visual character as views would remain
similar to the existing conditions at the time of the NOP (backfill operation). Therefore, a less than
significant short-term visual impact would occur and no mitigation would be required.
Long-Term Operational Phase
The proposed project would alter the existing visual character of Planning Area B with the elimination of
existing on-site current uses (i.e., the backfilling operation). Planning Area B would allow a variety of
recreational and community uses including "pay-for-play" sports activity uses. Planning Area B would
also include a maximum of 81,000 square feet of multi-purpose facilities that would include a
City of Orange-Draft EIR—May 2013 Page 5.1-35
Rio Santiago Project SCH No. 2009051072
5.1 Aesthetics
combination of uses. Facilities within Planning Area B will not exceed two stories in height. Ancillary
uses including: parking lots, bicycle parking, restrooms, and support services such as sandwich shop, ,
juice bar, coffee, pro shop, etc. could occur within this Area. Permitted and Conditional Uses allowed for
in Planning Area B, as described by the Specific Plan include:
Permitted
• Indoor/outdoor athletic facilities (gyms, • Multi-purpose community facility
health club, etc.)
• Indoor/outdoor athletic training center • Summer Camp
• Autism center with accessory supportive � Un-programmed open play area
medical services
• Bocce ball (and similar scale games such as • Orchard grove/Bosque
lawn bowling, croquets, etc.)
• Lighted court sports (such as tennis, • Parks and athletics fields, public and/or
basketball, etc.) private
• Pool(s) • Play equipment (such as jungle gym, slide,
etc.)
• Satellite educationaUresources facilities • Picnic and shade structures *
• Daycare with 8 or less children • Antennas, wireless communication facilities
• Fences* • Public utility buildings and structures
• Fish pond or stream • Riding, hiking, equestrian, and biking "
(Multi-Use)trails
• Golf putting course • Monument signage for Multi-Purpose
Facilities*
• Horseshoes* • Bicycling parking*
• Interpretive nature center • Additional temporary uses are permitted
consistent with the City of Orange Zoning
Code)
� Lawn bowling .
Conditional Permitted Uses
• Archery range � Skate park
• Country club(s) • Free-standing museums and libraries
• Stadiums and grandstand • Veterinary clinics and livestock animal
hospitals
• Daycare with 9 or more children
All permitted and conditional uses not referenced in the above list, shall adhere to the standards of the
City Municipal Code
* Refers to Accessory Use
Page 5.1-36 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.1 Aesthetics
The proposed project, including all the uses described above, would not be perceived as a substantial
degradation to the long-term visual character of portions of the project site, as the Planning Area is
substantially degraded by the current backfilling operation. At issuance of the NOP, Planning Area B was
being used for the following operations. The majority of Planning Area B was being backfilled and
contained the backfill operations and associated uses. There is no time limit for the completion of the
backfill operation. Additionally, PDF AES-11 through AES-19, and PDF AES-22 would reduce potential
long-term impacts related to the proposed project improvements in Planning Area B. These PDF's would
require compliance with the City's Municipal Code related to landscaping and the establishment of
specific design features to lessen the impact on the visual character of this area. Therefore, a less than
significant long-term visual character impact would occur and no mitigation would be required.
P/anning A�ea C
Planning Area C is located south of the Santiago Creek, adjacent to East Santiago Canyon Road and to
the west of the project entrance road. This planning area would be comprised of a total of 265 residential
units with a combination of Age-Qualified Villas Living, Independent Senior Living, and Assisted/Skilled
Nursing Senior Living. This community may include lifestyle and recreational amenities such as tennis
courts, a swimming pool, golf course, fitness center, clubhouse and/or restaurant, as well as other
supportive services. Planning Area C is presently being backfilled and contains the backfill operation and
associated uses. Please refer to Threshold AES-D related to light and glare for Planning Area C.
Short-Term Site Pre�aration Construction Phase
The grading and construction of improvements in Planning Area C would have short-term impacts on the
existing visual character. The improvements would be visible from off-site locations in the surrounding
community. These impacts would be temporary and similar in nature to the on-going backfilling
operation. They are not anticipated to be perceived as substantially degrading the existing visual
character of the Planning Area C. Planning Area C is presently being backfilled and contains the backfill
operation and associated uses. The proposed project construction activities in Planning Areas would not
be anticipated to significantly impact visual character as views would remain similar to the existing
conditions at the time of the NOP (backfill operation). Therefore, a less than significant short-term visual
impact would occur and no mitigation would be required.
Long-Term Operational Phase
The proposed project would alter the existing visual character of the Planning Area C with the elimination
of existing on-site current uses(i.e.,backfilling operation). Planning Area C would allow residential units
with a combination of Age-Qualified Villas Living, Independent Senior Living, and Assisted/Skilled
Nursing Senior Living and associated uses. Permitted and Conditional Uses allowed for in Planning Area
A, as described by the Specific Plan include:
Permitted
� Single-family attached and detached • Game tables*
residences(Villas)max of 45
City of Orange-Draft EIR—May 2013 Page 5.1-37
Rio Santiago Project SCH No. 2009051072
5.1 Aesthetics
• Multi-family age-qualified living residences • Event lawn*
(including independent living and assisted
living/skilled nursing)max of 160
• Age-qualified community commons (may • Water features*
include but is not limited to: site serving
dinning facility, library, pharmacy, general
store, administrative offices, spa and other
support services related to the senior
community)max of 60
� Garage or yard sale on temporary basis in • Fire pit(s) *
accordance with the City Municipal Code*
• Service/maintenance building • Support services such as a sandwich shop,
coffee shop, beauty salon/barber, etc. as
accessory uses to multi-family age-qualified
residences or to the congregate care home
health care facility/assisted living facilities.
Freestanding commercial uses are not
permitted.
• Guard gate* • Agriculture/horticulture
• Bocce ball (and similar scale games such as • Orchard Grove/Bosque
lawn bowling, croquet, etc.)
• Walking paths and trails • Antennas, private radio/TV*
• Social garden(s) • Antennas, private satellite dish*
• Outdoor kitchen* • Moving existing structure or building site
from another location(if applicable)
• Outdoor seating* • Public and private recreation facility, park,
or open space
• Shade dining area*
Permitted accessory uses including:
• Garages, including multi-level subterranean • Mailboxes and trash enclosures
parking structures(if any)
• Patios and patio covers; decks and balconies • Monument signage
• Accessory to primary residence (storage, • Model home and sales offices or trailers;
garden structure, cabanas, and greenhouses) temporary construction parking, offices and
facilities; real estate signs, signage
indicating future development and
directional signage in accordance with the
City's Municipal Code
• Fences • Permanent leasing offices
• Swimming pools, day spas, tennis courts,
sports courts, and other similar outdoor
recreational amenities
Page 5.1-38 City of Orange-Draft EIR-May 2013
SCH No. 2009051072 Rio Santiago Project
5.1 Aesthetics
Conditional Permitted Uses
• Commercial Plant Nursery Sales • Public utility structure
• Wireless Communication Facilities
All permitted and conditional uses not referenced in the above list, shall adhere to the standards of the
City Municipal Code
* Refers to Accessory Use
The proposed project, including all the uses described above, would not be perceived as a substantial
degrading the long-term visual character of portions of the project site, as the Planning Area is
substantially degraded by the backfilling operation. At issuance of the NOP, Planning Area C was being
used for the following operations. The majority of Planning Area C was being backfilled and contained
the backfill operations and associated uses. There is no time limit for the completion of the backfill
operation. Additionally, PDF AES-11 through AES-19, and PDF AES-22 would reduce potential long-
term impacts related to the proposed project improvements in Planning Area C. These PDF's would
require compliance with the City's Municipal Code related to landscaping and the establishment of
specific design features to lessen the impact on the visual character of this area. Therefore, a less than
significant long-term visual character impact would occur and no mitigation would be required.
P/anning Area D
Planning Area D is located on the eastern portion of the project site, north of East Santiago Canyon Road,
south of Planning Area A and east of Planning Area C. The area will contain a single-family residential
neighborhood of maximum 130 lots. The lots will range in size from 6,000 square feet to 20,000+ square
feet. Community walkways and paseo trails are proposed. Planning Area D is presently being utilized
for materials recycling on approximately 5 acres currently located in the southeastern portion. The
remainder of Planning Area D is vacant. It should be noted that grading permit(s)will be requested from
the City to complete the backfilling of the previously mined portions of the project site. Please refer to
Threshold AES-D related to light and glare for Planning Area D.
Short-Term Site Preparation Construction Phase
The portion of Planning Area D that is vacant may be perceived as having a substantially degradation of
short-term visual character (AES-2). The short-term construction impacts of the proposed project would
be consistent with the backfilling operation; however, as mentioned above the operation was not
occurring on Planning Area D at the time the NOP was published. PDF AES-14 and Mitigation Measure
AES-2 would reduce construction impacts, however would not eliminate this potential perceived short-
term visual impact. While this impact would be temporary, it may be perceived as substantially
degrading the visual character of Planning Area D. Therefore, the proposed project would have an
unavoidable short-term significant impact on scenic views during construction activity.
Lon�-Term Operational Phase
The proposed project would alter the existing visual character of the Planning Area D with the elimination
of existing on-site current uses (i.e., material recycling operation). Planning Area D would contain a
City of Orange-Draft EIR—May 2013 Page 5.1-39
Rio Santiago Project SCH No. 2009051072
5.1 Aesthetics
single-family residential neighborhood of a maximum of 130 lots and associated uses. Permitted and
Conditional Uses allowed for in Planning Area A, as described by the Specific Plan include:
Permitted
• Single-family detached residences max of • Agriculture/horticulture
130
• Temporary garage or yard sale per the City • Small animal keeping(per OMC)
Municipal Code(OMC)*
� Guard gate* • Antennas, private radio/TV*
• Walking paths, greenbelt paseo, and trails* • Antennas, private satellite dish*
• Shade structures* � Moving existing structure or building site
from another location(if applicable)
• Outdoor seating* • Public or private recreation facility, park or
openspace
Permitted accessory uses including:
• Garages • Swimming pools, day spas, tennis courts,
sports courts, and other similar outdoor
recreational amenities
• Patios and patio covers; decks and balconies • Mailboxes
• Accessory to primary residence (storage, • Monument signage for residential
garden structure, cabanas, and greenhouses) development
• Fences • Model home and sales offices or trailers;
temporary construction parking, offices and
facilities; real estate signs, signage
indicating future development and
directional signage in accardance with the
City's Municipal Code
Conditional Permitted Uses
• Commercial Plant Nursery Sales • Public utility structure
� Wireless Communication Facilities
All permitted and conditional uses not referenced in the above list, shall adhere to the standards of the
City Municipal Code
* Refers to Accessory Use
As mentioned above, the proposed project may be perceived as substantially degrading the long-term
visual character of portions of the project site, including Planning Area D (Impact AES-3). PDF AES-1
through PDF AES-6, PDF AES-8 through PDF AES-16, PDF AES-21, and PDF AES-22, would reduce
potential long-term impacts related to the proposed project improvements in Planning Area D. These
PDF's would require compliance with the City's Municipal Code related to landscaping and the
establishment of specific design features to lessen the impact on the visual character of this area.
However,the development in this area may be perceived as substantially degrading the visual character of
this portion of Planning Area D. Mitigation Measure AES-3 would reduce Impact AES-3, however not to
Page 5.1-40 City of Orange-Draft E/R—May 2013
SCH No. 2009051072 Rio Santiago Project
5.1 Aesthetics
a less than significant level. Therefare, an unavoidable long-term visual impact would occur. Refer
below to Threshold AES-D for an analysis of light or glare/nighttime impacts.
Shade and Shadow
The proposed project would not block direct sunlight, which may affect adjacent properties. Additionally
the proposed project would not shade the users of lands uses, such as residential, recreationaUparks,
churches, schools, outdoor restaurants, and pedestrian areas have reasonable expectations for direct
sunlight and warmth from the sun. Shadow lengths are dependent on the height an size of buildings from
which they are cast and the angle of the sun. The angle of the sun varies with respect to the rotation of the
earth (i.e. time of day) and elliptical orbit (i.e., change of season). The longest shadows are cast during
the winter months and the shortest shadows are cast during the summer months.
The shade and shadow created by the proposed project would be project site contained based on the
maximum height of proposed structures, setbacks from adjacent uses, and adjacent uses. No shade/
shadow sensitive uses are located adjacent to the project site, except for single-family residences located
to the southeast of Planning Area D. Project setbacks and grade differential would preclude potential
shade and shadow impacts at this location. A less than significant impact would occur and no mitigation
would be required.
Level of Significance
With the inclusion of Mitigation Measures AES-1 through AES-3, the project impacts would be reduced;
however, the impacts would remain significant and unavoidable related to the visual character in the
short-term for Planning Area A (Impact AES-1) and Planning Area D (AES-2), and long-term for
Planning Area D(Impact AES-3).
Light or Glare/Nighttime Views
Threshold AES-D Would the proposed project create a new source of substantial light or glare which
would adversely affect day or nighttime views in the area?
[CEQA Aesthetics Threshold 1(d)]
Short-Term Site Preparation Construction Phase
The visual character of the project site would be temporarily impacted during the short-term site
preparation phase of the project Impacts would be related to construction vehicles located on the project
site, along East Santiago Canyon Road related to installing or modifying public utilities and water lines,
construction materials stored on the project site, and project site preparation activities that would create
daytime glare from vehicles and materials. These activities are short-term in nature, similar to the
existing material recycling and backfilling operations, and will cease at the completion of the project site
preparation. Due to the short-term nature of this activity, impacts are less than significant and no
mitigation measures would be required.
City of Orange-Draft EIR—May 2013 Page 5.1-41
Rio Santiago Project SCH No. 2009051072
5.1 Aesthetics
Long-Term Operational Phase
P/anning Area A
The proposed project would introduce low level lighting along the Santiago Creek trail in Planning Area
A. PDF BIO-6 provides that the proposed project will establish development standards in the Specific
Plan to reduce sensory stimuli (e.g., noise, light), unnatural predators (e.g., domestic cats and other non-
native animals), and competitors (e.g., exotic plants, non-native animals) in the adjacent open space area
supporting sensitive biological resources (i.e., least Bell's vireo and sensitive plant communities). The
project design avoids impacts to the maximum extent practicable. Section 53, Biological Resources,
identifies sensitive wildlife species that would be considered potentially significant. Therefore, the
following impact would have the potential to occur and mitigation is proposed:
Impact AES-4: The proposed project may impact sensitive wildlife species in Planning Area A
during the long-term operational phase of the proposed project from light and
glare.
MM AES-4: The project shall be designed to minimize exterior night lighting while remaining
compliant with City of Orange ardinances related to street lighting. Any
necessary lighting, both during construction and after the development has been
completed, will be shielded or directed away from Santiago Creek and are not to
exceed 0.5 foot-candles (Also part of MM BIO-1) from the edge of the PCR
delineated — potential least Bell's vireo occupied habitat on Figure 5.4-6,
Sensitive Wildlife Species.
With PDF BIO-6 and Mitigation Measure AES-5, lighting and glare impacts to the sensitive wildlife
species within Planning Area A would be reduced to a less than significant level.
P/anning Area B
Planning Area B provides for the development of active recreational uses such as ball fields/parks and
other similar uses that would potentially introduce new sources of light and glare. This new source of
light and glare will create a night hue in the area where no lights currently exist. The Rio Santiago
Specific Plan establishes outdoor lighting criteria to reduce this potential impact providing that:
The intent of the lighting criteria is to provide a sense of safety while keeping light levels at a
minimum, and enhancing the nighttime character. Lighting will be used in key areas to
discourage criminal behavior, help with crime prevention, and better encourage people to "keep
an eye out"for each other. While a consistent and adequate illumination is required for sports
fields, and other public recreation areas, minimizing the amount of sky glow, glare and spill light
to preserve the night sky is just as important, and shall be properly addressed in the design
phase.
• A minimum amount of lighting shall be provided at all building entrances, vehicular and
pedestrian gates, walkways, steps, ramps directional changes for safery,pedestrian gathering
and seating areas, outdoor living spaces, courtyards, and paseos.
Page 5.1-42 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.7 Aesthetics
• Glare and spill light shall be minimized.
• Musco or similar lighting shall be used.
• Lighting shall consider pedestrian and vehicle use while maintaining a minimum amount of
lighting for a rural character.
• Pedestrian linkages from parking a�eas shall be lit to provide orientation and safety.
• All light fixtures shall be automatically controlled where appropriate.
• Service area lighting shall be only visible within the service area.
• Architectural detail and landscape accent lighting are encouraged to create an identity for
areas within Rio Santiago and shall be used where appropriate.
• Exposed fixtures shall be selected to relate to the associated building architectural character.
• Site and landscape lighting shall reinforce the site's rural character.
• Uplights shall be minimized and small down lights, bollards, and beacon lights shall be used
in areas described above.
• Lighting design shall consider privacy for residential units and interior living spaces; but at
the same time adequately service and address safety concerns.
• Ball field lighting shall be minimized to best preserve the night sky.
• Neon lights are not permitted.
Solar and LED lighting is highly encouraged.
Sports field lighting shall be limited to the hours of 7am to IOpm daily. Additional information
on the hours of operation for the sports fields shall be addressed in the project's CC&R's. Sports
fields lighting poles will be utilized for all proposed recreation activity fields and sports. Green
generation lighting, which improves the lights efficiency and reduces energy consumption, is
highly recommended. Final sports fields lighting pole layout is subject to Design review
Committee (DRC) review. Light poles and parking lot light fzxtures will be utilized for all
parking lot areas. Final pole heights,pole locations and fi.xture locations subject to DRC review.
(Page 4-87)
Additionally, PDF NOI-2 as defined in the Rio Santiago Specific Plan, requires that the proposed
project will limit the outdoor activities in Planning Area B to between 7 a.m. and 10 p.m. Furthermore,
PDF AES-8 requires compliance with City's Municipal Code Title 17 Zoning, Chapter 17.12, General
Regulations Applicable to All Districts, Section1712.030, Lighting, regulates lighting of the proposed
project. The City's Municipal Code states:
Lighting on any premises shall be directed, controlled, screened or shaded in such a manner as
not to shine directly on surrounding premises. Furthermore, lighting on any residential property
City of Orange-Draft EIR—May 2013 Page 5.1-43
Rio Santiago Project SCH No.2009051072
5.1 Aesthetics
shall be controlled so as to prevent glare or direct illumination of any public sidewalk or
thoroughfares. (OMC Section 17.12.030)
Potential light and glare impacts would be reduced with PDF NOI-2, PDF AES-7, PDF AES-23, and PDF
AES-24, and the requirements of the Specific Plan; however, the impacts would not be eliminated.
Therefore,the following impact would have the potential to occur and mitigation is proposed:
Impact AES-5: The proposed project would have the potential to result in impacts related to light
and glare in Planning Area B.
MM AES-5: The project developer shall use Musco lights or similar products that are
specifically designed to reduce spillage, including shields and louvers. This
lighting shall be detailed on building permits for Planning Area B.
The Rio Santiago Specific Plan outdoor lighting criteria, PDF NOI-2, PDF AES-7, and Mitigation
Measure AES-Sreduce sources of light and glare potential impacts (Impact AES-5) in Planning Area B,
however not to a less than significant level. Therefare, related to Planning Area B, new sources of
substantial light or glare, which could adversely affect nighttime views in the area, would be anticipated
to occur. This is an unavoidable impact of the proposed project.
Planning Areas C and D
Residential development in Planning Areas C and D would introduce new sources of light and glare that
would potentially impact project residents and neighbors. This new source of light and glare will create a
night hue in the area where no lights currently exist. PDF AES-7 requires that exterior lighting be
designed to minimize glare and "light trespass" to adjacent on-site buildings, off-site properties, and
adjacent roadways. This would require lighting fixtures that are programmable, shielded, and hooded.
Walkway lighting would be placed low to the ground. Grouped mailbox enclosures would integrate
lighting. The Rio Santiago Specific Plan further requires that:
Exterior lighting shall be used for entries,patios, outdoor living spaces, courtyards,porches etc.,
and shall be shielded to minimize glare and "light spill" to adjacent properties and streets. The
level of on-site lighting and lighting fixtures shall comply with any and all applicable
requirements and policies of the Ciry of Orange. Energy conservation, safety and security shall
be emphasized when designing any lighting system. Exterior lighting fixtures shall be compatible
with the architectural style of the building. Accent lights may be used to highlight significant
architectural elements and for special features such as providing direction for pedestrian and
vehicular circulation. The project has been designed to minimize night lighting. Any necessary
lighting will be shielded or directed away from preservation areas to protect species from direct
night lighting(Page 4-35).
Potential light and glare impacts would be reduced with PDF AES-7, PDF AES-23, and PDF AES-24,
and the requirements of the Specific Plan; however, the impacts would not be eliminated. Therefore, the
following impact would have the potential to occur and mitigation is proposed:
Page 5.1-44 City of Orange-Draft E/R—May 2013
SCH No. 2009051072 Rio Santiago Project
5.1 Aesthetics
Impact AES-6: The proposed project would have the potential to result in impacts related to light
and glare in Planning Areas C and D.
MM AES-6: Prior to the issuance of any building permit and as specified in the Specific Plan,
the project applicant shall submit a photometric analysis of Planning Area C and
D for review and approval by the City of Orange Community Development
Department and the City of Orange Police Department. The photometric analysis
shall provide evidence that the lighting design is consistent with the City of
Orange Municipal Code Ordinance 17.12.030 and has been designed to provide
for lighting that is directed, controlled, screened, and/or shaded such that light
and glare would not result in direct illumination on the surrounding properties or
roadways.
Potential light and glare impacts (Impact AES-6)would be reduced with PDF AES-7, the requirements of
the Specific Plan, and Mitigation Measure AES-6, however not to a less than significant level. Therefore,
related to Planning Area C and D new sources of substantial light or glare, which would adversely affect
day or nighttime views in the area, would be anticipated to occur. This is an unavoidable impact of the
proposed project.
Level of Significance
With the inclusion of Mitigation Measures AES-4, the project light and glare impacts in Planning Area A
(Impact AES-4), would be reduced to less than significant levels and no mitigation measures would be
required. With the inclusion of Mitigation Measures AES-5 and AES-6, the project impacts would be
reduced; however, would remain significant unavoidable impact related to light and glare within Planning
Area B (Impact AES-5)and Planning Areas C and D(AES-5).
5.1.6 Evaluation Summary
Table 5.1-3, Evaluation Summary Table -Aesthetics, summarizes potentially significant project impacts
from this Draft EIR.
Table 5.1-3: Evaluation Summary Table—Aesthetics
Threshold Potential Impact Mitigation Measure Level of Signifcance
Impact AES-1 MM AES-1
Scenic Vistas Impact AES-2 MM AES-2 Significant unavoidable
Impact AES-3 MM AES-3
Scenic Resources Less than significant None required Less than significant
Visual Character or Quality of Impact AES-1 MM AES-1
Site Impact AES-2 MM AES-2 Significant unavoidable
Impact AES-3 MM AES-3
Impact AES-4 MM AES-4
Light or Glare/Nighttime Views Impact AES-5 MM AES-5 Significant unavoidable
Impact AES-6 MM AES-6
City of Orange-Draft EIR—May 2013 Page 5.1-45
Rio Santiago Project SCH No. 2009051072
5.2 Agricultural and Forestry Resources
5.2.1 Introduction
Purpose
The purpose of this section is to identify any existing agricultural and forest resources and potential
effects from project implementation on the project site and the surrounding area.
Sources
The following source was used in consideration and discussion of the potential environmental impacts:
• State of California, Department of Conservation, Farmland Mapping and Monitoring Program,
Orange County Important Farmland Map.
5.2.2 Existing Environmental Setting
Current activities on the project site are material recycling (i.e., asphalt and concrete crushing) and
backfilling. The remaining portions of the project site are presently vacant.
Agricultural production intermittently occurred historically on the project site with the most recent
production occurring from approximately 1993 through 2004. Agricultural production included fruit
orchards and strawberry production. On the project site all agricultural uses ceased in 2004.
5.2.3 Regulatory Setting
California Land Conservation Act(Williamson Act)
The California Land Conservation Act of 1965 (Williamson Act) enables local governments to enter into
contracts with private landowners for the purpose of restricting specific parcels of land to maintain
agricultural or related open space use. As an incentive, landowners receive lower property tax
assessments based on agricultural or open space land uses, as opposed to the real estate value of the land.
California Department of Conservation Classification
The California Department of Conservation (CDC), Division of Land Resource Protection developed the
Farmland Mapping and Monitoring Program (FMMP) in 1984 to analyze impacts to California's
agricultural resources. In the FMMP land is rated based on a land capability classification system, and
land use.
Land designations include the following categories: Prime Farmland, Farmland of Statewide Importance,
Unique Farmland, Farmland of Local Importance, Grazing Land, Urban and Built-up Land, and Other
Land. The CDC considers Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and
Farmland of Local Importance to be Important Farmland. These categories are defined by the FMMP as
follows:
P�ime Fa�m/and (PJ; Farmland with the best combination of physical and chemical features able to
sustain long term agricultural production. This land has the soil quality, growing season, and moisture
City of Orange-Draft EIR—May 2013 Page 5.2-1
Rio Santiago Project SCH No.2009051072
5.2 Agricultural and Forestry Resources
supply needed to produce sustained high yields. Land must have been used for irrigated agricultural
production at some time during the four years prior to the mapping date. `
Farm/and of Statewide /mportance (SJ: Farmland similar to Prime Farmland but with minor
shortcomings, such as greater slopes or less ability to store soil moisture. Land must have been used for
irrigated agricultural production at some time during the four years prior to the mapping date.
Unique Farm/and (UJ; Farmland of lesser quality soils used for the production of the State's leading
agricultural crops. This land is usually irrigated, but may include non-irrigated orchards or vineyards as
found in some climatic zones in California. Land must have been cropped at some time during the four
years prior to the mapping date.
Farm/and ofLoca//mportance(LJ: Land of importance to the local agricultural economy as determined
by each County's Board of Supervisors and a local advisory committee.
Fa�m/and ofLoca/Potentia/(LPJ: This rarely used classification includes soils which qualify for Prime
Farmland or Farmland of Statewide Importance, but generally are not cultivated or irrigated.
Grazing Land (GJ: Land on which the existing vegetation is suited to the grazing of livestock. This
category was developed in cooperation with the California Cattlemen's Association, University of
California Cooperative Extension, and other groups interested in the extent of grazing activities. The
minimum mapping unit for Grazing Land is 40 acres.
U�ban and Bui/d-up Land(DJ: Land occupied by structures with a building density of at least one unit
to 1.5 acres, or approximately six structures on a 10-acre parcel. This land is used for: residential,
industrial, commercial, institutional, public administrative purposes, railroad and other transportation
yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, water control structures, and
other developed purposes.
Othe�Land(XJ: Land not included in any other mapping category. Common examples include: low
density rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing;
confined livestock, poultry or aquaculture facilities; strip mines, borrow pits; and, water bodies smaller
than 40 acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater
than 40 acres is also mapped as Other Land.
Public Resources Code
The California Public Resource Codes (CPRC) defines Forest Land, Timber Land and Timber Land
Production Zones as follows:
Forest/and(12220 GJ; Land that can support 10-percent native tree cover of any species, including:
hardwoods, under natural conditions, and that allows for management of one or more forest resources,
including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public
benefits.
Page 5.2-2 City of Orange-Draft E/R—May 2013
SCH No. 2009051072 Rio Santiago Project
5.2 Agricultural and Forestry Resources
Timbe�Land(4526J: Land, other than land owned by the Federal government and land designated by the
Board as experimental forest land, which is available for, and capable of, growing a crop of trees of any
'' " commercial species used to produce lumber and other forest products, including Christmas trees.
Commercial species shall be determined by the Board on a District basis after consultation with the
District committees and others.
Timber Land Production Zone (51104 GJ; Timber Land Production Zone (TPZ) are areas which have
been zoned and is devoted to and uses for growing and harvesting timber, or for growing and harvesting
timber and compatible uses.
Local Regulations
There are no City General Plan Goals or Polices that pertain to farmland and forest land.
5.2.4 Significance Thresholds
The following thresholds of significance have been established for the evaluation of the proposed
project's potential cultural and paleontological impacts consistent with Appendix G of the State CEQA
Guidelines:
Threshold AGR-A Would the proposed project convert Prime Farmland, Unique Farmland, ar
Farmland of Statewide Importance (Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and Monitoring Program of California
Resources Agency,to non-agricultural use?
Threshold AGR-B Would the proposed project conflict with existing zoning for agricultural use, or
a Williamson Act contract?
Threshold AGR-C Would the proposed project 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)]?
Threshold AGR-D Would the proposed project result in the loss of forest land or conversion of
forest land to non-forest use?
Threshold AGR-E Would the proposed project involve other changes in the existing environment,
which, due to their location or nature, could result in the conversion of Farmland,
to non-agricultural use or conversion of forest land to non-forest use?
5.2.5 Evaluation of Potential Project Impacts
This section will evaluate whether the proposed project would potentially have a substantial adverse
effect on agricultural and forest resources. This evaluation assumes that the project will be implemented
consistent with the Project Description, including all Project Design Features (PDF's).
City of Orange-Draft EIR—May 2013 Page 5.2-3
Rio Santiago Project SCH No.2009051072
5.2 Agricultural and Forestry Resources
Project Design Features
There are no PDF's associated with this environmental issue area. ��
Farmland
Threshold AGR-A Would the proposed project 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 California Resources
Agency,to non-agricultural use?
[CEQA Public Services Threshold 2(a)]
The State Department of Conservation's, Orange County Important Farmland Map designates the project
site as"Other Land." The Farmland Mapping and Monitoring Program defines this category as:
Land not included in any other mapping category. Common examples include low density rural
developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing;
confined livestock, poultry or aquaculture facilities; strip mines, borrow pits; and water bodies
smaller than forty acres. Vacant and nonagricultural land surrounded on all sides by urban
development and greater than 40 acres is mapped as Other Land.
The project site was historically used for agricultural uses including fruit orchards and strawberry
production. The project site was previously used for agricultural fields, agricultural equipment and
supply storage, and maintenance areas from 1991 to 2004. On the project site all agricultural uses ceased .-
in 2004. From 2004 to present the project site has been used for non-agricultural proposes. The
proposed project would preclude the use of the project site for future agricultural proposes. This would
not be considered a significant impact as the project site is not designated as Farmland, as shown in
Figure 5.2-1, Orange Counry Important Farmland 2008, and the City General Plan has no goals or
policies related to Farmland. Therefore, implementation of the proposed project does not have the
potential to result in impacts to Farmland because the project site does not contain designated anticipated
Farmland. Accordingly, no impacts to Farmland would result and no mitigation measures would be
required.
Level of Significance
The proposed project would have a less than significant impact related to the conversion of Prime
Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use
and no mitigation measures would be required.
Page 5.2-4 City of Orange-Draft E/R—May 2013
SCH No. 2009051072 Rio Santiago Project
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5.2 Agricultural and Forestry Resources
Williamson Act
Threshold AGR-B Would the proposed project conflict with existing zoning for agricultural use, or a
Williamson Act contract?
[CEQA Public Services Threshold 2(b)]
The project site is not under an existing Williamson Act contract. The City's A-1 (Agricultural District)
Zoning District does not occur on the project site. Tl�e existing zoning district classifications on the
project site are R-1-8 (Single-Family Residential) and S-G (Sand and Gravel Extraction). Therefore,
implementation of the proposed project would not conflict with existing zoning for agricultural uses or
conflict with the provisions of a Williamson Act contract. Therefore the proposed project does not result
in an impact. No impact would occur and no mitigation measures would be required.
Level of Significance
The proposed project would have no impact related to conflicting with existing zoning for agricultural
uses or the Williamson Act contract and no mitigation measures would be required.
Forest Land, Timberland, or Timberland Production
Threshold AGR-C Would the proposed project 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 Timerberland
Production [as defined by Government Code section 51104(g)]?
[CEQA Public Services Threshold 2(c)]
The project site is not zoned as forest land as defined by Public Resources Code section 1220(g),
timberland as defined by Public Resources Code section 4526, or timberland zoned timberland production
as defined by Public Resources Code section 51104 (g). The existing zoning district classifications on the
project site are R-1-8 (Single-Family Residential) and S-G (Sand and Gravel Extraction). Therefore, the
proposed project would not conflict with existing zoning for, or cause the rezoning of forest land,
timberland, or timberland zoned timberland production. Therefore the proposed project does not result in
an impact. No impact would occur and no mitigation measures would be required.
Level of Significance
The proposed project would have no impact related to existing zoning for, or cause the rezoning of forest
land, timberland, or timberland zoned timberland production and no mitigation measures would be
required.
Forest Land
Threshold AGR-D Would the proposed project result in the loss of forest land or conversion of forest
land to non-forest use?
[CEQA Public Services Threshold 2(d)]
The project site is not forest land as defined by Public Resources Code section 1220(g). Therefore, the
proposed project would not result in a lost of forest land or conversion of forest land to non-forest use.
Page 5.2-6 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.2 Agricultural and Forestry Resources
Therefore the proposed project does not result in an impact. No impact would occur and no mitigation
measures would be required.
Level of Significance
The proposed project is not forest land as defined by Public Resources Code section 1220(g) and would
have no impact related to a lost of forest land or conversion of forest land to non-forest use and no
mitigation measures would be required.
Other Changes to Farmland and Forest Land
Threshold AGR-E Would the proposed project involve other changes in the existing environmental,
which,due to their location or nature, could result in the conversion of Farmland,to
non-agricultural use or conversion of forest land to non-forest use?
[CEQA Public Services Threshold 2(e)]
Areas surrounding the project site are developed with urban uses and are not in agricultural production
nor do they exist as forest land as defined by Public Resources Code section 1220(g). In addition, the
closest A-1 Zoning District to the project site, as shown on the City Zoning Map, is located approximately
0.57 mile northeast of the eastern boundary of the project site. Please refer to Threshold AGR-A related to
an analysis of impacts to farmland resources. The City does not have "forest" zoning, but does list forest
in their updated General Plan under Natural Resources. The Cleveland National Forest is the closest
forest to the project site. Development of the proposed project does not include this agricultural land or
forest land, nor require it for any purpose related to development or operation. Therefore, no impacts from
the proposed project related to the conversion of Farmland,to non-agricultural use or conversion of farest
land to non-forest use would result and no mitigation measures would be required.
Level of Significance
The proposed project would not convert Farmland to non-agricultural use or convert forest land to non-
forest use and no impact would occur and no mitigation measures would be required.
5.2.6 Evaluation Summary
Table 5.2-1, Evaluation Summary Table —Agricultural and Forestry Resources, summarizes potentially
significant project impacts from this Draft EIR.
Table 5.2-1: Evaluation Summary Table—Agricultural and Forestry Resources
Threshold Potential Impact Mitigation Measure' Level of Significance
Farmland Less than significant None reGuired Less than significant
Williamson Act No impact None required No impact
Forest Land,Timberland,or No impact None required No impact
Timberland Production
Forest Land No impact None required No impact
Other Changes to Farmland or Forest No impact None required No impact
Land
City of Orange-Draft E/R—May 2013 Page 5.2-7
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
5.3.1 Introduction
Purpose
The purpose of this section is to describe the existing regional and local air quality setting and analyze the
proposed project's potential contribution to changes in regional and local air quality. It addresses whether
the proposed project would have the potential to create a significant adverse impact on air yuality. Where
applicable, this section identifies mitigation measures to reduce impacts and describes the residual impact
after imposition of the mitigation.
Sources
The following sources were used in consideration and discussion of the potential environmental impacts:
• Air Qualiry ImpactAnalysis Report Rio Santiago Specific Plan, City of Orange,prepared by Vista
Environmental, December 28, 2012, as provided in Technical Appendix B,Air Quality Analysis,
to this Draft EIR.
• Comments received during the public review period and at the scoping meetings. These
comments are contained in Appendix A,Public Participation Process.
5.3.2 Existing Environmental Setting
Existing Use
Materials Recycling
Approximately five acres in the southeastern portion of the project site are used as a materials recycling
area. This area includes apparatus for the crushing of boulders, bricks, rocks, etc. for recycling. The
materials recycling area additionally includes operations that provide for the cement treatment of base
materials. Material for this operation originates primarily from off-site sources. Access to the materials
recycling area is from a controlled entrance along East Santiago Canyon Road. Materials generated by
this operation have historically been used on and transported off the project site. The materials generated
by this operation at issuance of the NOP were being taken off-site. Materials recycling will continue on
the project site through the construction of the proposed project until Planning Area D is developed.
Backfilling Operation
To restore previously mined portions of the site (south of Santiago Creek), a portion of the project site is
presently being backfilled as a permitted land use. The existing backfill operation is not a permanent use.
The project site is presently being backfilled in sequentially defined phases. The project site is being over
excavated(i.e., removal of unsuitable materials) and filled in the present backfill operation. The applicant
has indicated that additional grading permit(s) will be requested from the City to complete backfilling of
all previously mined portions of the project site. As previously noted,the project site was used from 1919
to 1995 for surface mining of sand, gravel, and other aggregates. Previously mined portions of the project
site were used for residue silt deposition, otherwise known as silt ponds.
City of Orange-Draft EIR—May 2013 Page 5.3-1
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
Approximately 2,248,200 cubic yards of material will be over excavated per Tentative Tract Map No.
17344. Once removed,the material will be spread and dried on the project site. The material will then be
mixed with imported materials. A total of 1,100,000 cubic yards of material will be imported to the site.
The imported materials will be based on recommendations of the soils engineer and include concrete,
asphalt, rock, and soil. The imported materials will be crushed on-site by either the existing materials
recycling facility or additional operations. A total of 3,348,200 cubic yards of material will be blended
during the project site grading (including backfilling operation and mass grading). This includes
materials both over excavated and imported to the project site.
In March 2011, the City issued Grading Permit#2047 related to the backfill operation. Table 17.32.020,
Sand and Gravel District Use Regulations, of the Orange Municipal Code indicates that backfilling is a
permitted use (P) in the S-G (Sand and Gravel) District. Additionally, in accordance with Section 3.1,
Grading Permit Exceptions, of the City Grading Manuel backfilling is a permitted use. Grading is a
ministerial (not discretionary) action as defined by the CEQA Guidelines and the City of Orange Local
CEQA Guidelines(page 5—6). Per Public Resources Code Section 21080(b)(1), CEQA does not apply to
ministerial actions, therefore, no CEQA environmental review was conducted for the permitted and
existing ministerial approved grading.
This approved, ongoing backfill operation currently is separate and distinct from the proposed project.
However, most of this grading would have to occur to construct the proposed project. As a practical
result, therefore, from the date of project approval, the backfilling and grading will become project site
preparation activities and, as such,are analyzed as part of the construction phase of the project.
Atmospheric Setting
The proposed project is located within the central portion of Orange County, which is part of the South
Coast Air Basin (SCAB). SCAB includes all of Orange County as well as the non-desert portions of Los
Angeles, Riverside, and San Bernardino Counties. Orange County is located on a coastal plain with
connecting broad valleys and low hills to the east. Regionally, SCAB is bounded by the Pacific Ocean to
the southwest and high mountains to the east forming the inland perimeter. The general region lies in the
semi-permanent high-pressure zone of the eastern Pacific Ocean. As a result, the climate is mild,
tempered by cool sea breezes. Occasional periods of strong Santa Ana winds and winter storms interrupt
the otherwise mild weather pattern.
Although SCAB has a semi-arid climate, the air near the surface is typically moist because of the
presence of a shallow marine layer. Except for infrequent periods when dry air is brought into SCAB by
off-shore (Santa Ana) winds, the ocean affect is dominant. Periods of heavy fog are freyuent and low
stratus clouds, often referred to as"high fog" or"overcast"are a characteristic climate feature.
Winds are an important parameter in characterizing the air quality environment of a project site because
they determine the regional pattern of air pollution transport and control the rate of dispersion near a
source. Daytime winds in Orange County are usually light westerly breezes from off the coast as air
moves regionally on-shore from the cool Pacific Ocean. These winds are usually the strongest in the dry
Page 5.3-2 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.3 Air Quality
summer months. Nighttime winds in Orange County result mainly ftom the drainage of cool air off of the
mountains to the east. They occur more often during the winter months and are usually lighter than the
prevalent daytime winds. Between the periods of dominant airflow, periods of air stagnation may occur,
both in the morning and evening hours. Whether such a period of stagnation occurs is one of the critical
determinants of air quality conditions on any given day.
During the winter and fall months, surface high-pressure systems north of the SCAB combined with other
meteorological conditions, can result in very strong winds from the northeast (desert) that are called
"Santa Ana Winds". These winds narmally have durations of a few days before predominant
meteorological conditions are reestablished. The highest wind speed typically occurs during the afternoon
due to daytime thermal convection caused by surface heating. This convection brings about a downward
transfer of momentum from stronger winds aloft. It is not uncommon to have sustained winds of 60 miles
per hour(mph)with higher gusts during a Santa Ana Wind.
Rainfall in the project area varies considerably in both time and space. Almost all annual rainfall comes
from the fringes of mid-latitude storms from late November to early April, with late spring and summers
being(usually)almost completely dry.
Pollutants
Pollutants are generally classified as either criteria pollutants or non-criteria pollutants. These pollutants
can harm your health and the environment, and may cause property damage. The Federal Environmental
Protection Agency (EPA) regulates them by developing human health-based and/or environmentally-
based criteria for setting permissible levels. Federal ambient air quality standards have been established
for criteria, whereas no ambient standards have been established for non-criteria pollutants. A summary
of Federal and State ambient air quality standards and terms are provided in Technical Appendix B, Air
Quality Analysis, to this Draft EIR. The criteria pollutants consist o£ ozone (03), nitrogen oxides (NOx),
carbon monoxide(CO), sulfur oxides(SOx), lead and particulate matter.
Toxic Air Contaminants (TACs)
Toxic air contaminants (TACs) are another group of pollutants of concern. Sources of TACs include
industrial processes such as petroleum refining and chrome plating operations, commercial operations
such as gasoline stations and dry cleaners, and motor vehicle exhaust. Cars and trucks release at least 40
different toxic air contaminants. The most important of these TACs, in terms of human health risk, are
diesel particulates, benzene, formaldehyde, 1,3-butadiene, and acetaldehyde. Public exposure to TACs
can result from emissions from normal operations as well as accidental releases. Health effects of TACs
include cancer, birth defects, neurological damage, and possibly death. Detailed information regarding
TAC is provided in Technical Appendix B,Air QualityAnalysis,to this Draft EIR.
Monitored Air Quality
The air quality at any site is dependent on the regional air quality and local pollutant sources. Regional
air quality is determined by the release of pollutants throughout the air basin. Estimates of the existing
emissions in SCAB provided in the 2007 Air Quality Management Plan, June 1, 2007, indicate that
City of Orange-Draft EIR—May 2013 Page 5.3-3
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
collectively, mobile sources and consumer products which are primarily under State and Federal
jurisdiction account for 72% of VOC (380 tons per day), 88% of NOx (577 tons per day), and 63% of
SOx(27 tons per day).
SCAQMD has divided SCAB into 38 air-monitoring areas with a designated ambient air monitoring
station representative of each area. The project site is located in air monitoring area 17, which covers the
western central portion of Orange County. The nearest air monitoring station to the project site is the
Anaheim-Pampas Lane Monitoring Station (Anaheim Station), which is located approximately 8 miles
west of the project site at 1630 Pampas Lane, Anaheim. However, it should be noted that due to the air
monitoring station's distance from the project site, recorded air pollution levels at the Anaheim Station
reflect with varying degrees of accuracy, local air quality conditions at the project site. Table 5.3-1,Local
Area Quality Monitoring Summary (Anaheim Air Monitoring Station) presents the monitored pollutant
levels from the Anaheim Station.
The monitoring data presented in Table 53-1, Local Area Quality Monitoring Summary (Anaheim Air
Monitoring Station) shows that ozone and PM10 and PM2.5 are the air pollutants of primary concern in
the project area. Ozone is a secondary pollutant as it is not directly emitted. Ozone is the result of
chemical reactions between other pollutants, most importantly hydrocarbons and NOZ, which occur only
in the presence of bright sunlight. Pollutants emitted from upwind cities react during transport downwind
to produce the oxidant concentrations experienced in the area. Many areas of SCAQMD contribute to the
ozone levels experienced at the Anaheim Station, with the more significant areas being those directly
upwind. The State 1-hour concentration standard for ozone has been exceeded between 0 and 6 days each
year over the past five years at the Anaheim Station. The Federal 8-hour ozone standard was exceeded
between 1 and 5 days each year over the past five years at the Anaheim Station. There does not appear to
be a noticeable trend in either maximum ozone concentrations or days of exceedances in the area.
The State 24-hour concentration standards for PM 10 have been exceeded between 0 and 7 days each year
over the past five years at the Anaheim Station, while the Federal 24-hour standards for PM10 have only
been exceeded one day over the last five years at the Anaheim Station. The annual PM10 concentration
at the Anaheim Station has exceeded the State standard for the past five years, while the Federal standard
has not been exceeded for the last five years. The Federal 24-hour standard for PM2.5 was exceeded
between 0 and 14 days each year over the past five years at the Anaheim Station. The annual average
PM2.5 concentration has exceeded the State and Federal standards for three of the last five years at the
Anaheim Station. There does not appear to be a noticeable trend for PM10 or PM2.5 in either maximum
particulate concentrations or days of exceedances in the area. Particulate levels in the area are due to
natural sources, grading operations, and motor vehicles. There does not appear to be a noticeable trend for
PM10 or PM2.5 in either maximum particulate concentrations or days of exceedances in the area.
Particulate levels in the area are due to natural sources, grading operations, and motor vehicles.
According to the EPA, some people are much more sensitive than others to breathing fine particles
(PM10 and PM2.5). People with influenza, chronic respiratory and cardiovascular diseases, and the
elderly may suffer worsening illness and premature death due to breathing these fine particles. People
Page 5.3-4 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.3 Air Quality
with bronchitis can expect aggravated symptoms from breathing in fine particles. Children may
experience a decline in lung function due to breathing in PM 10 and PM2.5. Other groups considered
sensitive are smokers and people who cannot breathe well through their noses. Exercising athletes are
also considered sensitive, because many breathe more through their mouths during exercise.
Table 5.3-1: Local Area Air Quality Monitoring Summary (Anaheim Air Monitoring Station)
Year
Pollutant (Standard 2006 2007 2008 2009 2010
Ozone:
Maximum 1-Hour Concentration( m) 0.113 0.127 0.105 0.093 0.104
Maximum 8-Hour Concentration( m) 0.088 0.099 0.086 0.077 0.088
Amount Thresholds is Exceeded:
1-Hour>0.09 m(da s)—California 6 2 2 0 1
8-Hour>0.075 m(days) 3 1 5 1 1
Carbon Monoxide:
Maximum 1-Hour Concentration( m) 4.5 3.6 3.6 3.2 2.6
Maximum 8-Hour Concentration( m) 2.90 2.91 3.44 2.73 1.98
Amount Thresholds is Exceeded:
1-Hour>20. m(da s) 0 0 0 0 0
8-Hour>9. m(da s) 0 0 0 0 0
Nitro en Dioxide:
Maximum 1-Hour Concentration( m) 0.114 0.086 0.093 0.068 0.073
Amount Thresholds is Exceeded:
1-Hour>0.25 m(days) 0 0 0 0 0
Inhalable Particulates PM-10 :
Maximum24-Hour Concentration(ug/m3) 104 489 61 63 43
Annual Arithmetic Mean(AAM)(ug/m3) 333 38.6 28.6 30.9 22.5
Amount Thresholds is Exceeded:
24-Hour>50 u m3(da s)—California 7 6 3 1 0
24-Hour> 150 ug/m3(days)-Federal 0 1 0 0 0
Annual>20 u /m3(AAM)—California es es es es es
Annual>50 u /m3(AAM)-Federal no no no no no
Ultra-Fine Particulates PM-2.5 :
Maximum 24-Hour Concentration u m3 56.2 79.4 67.8 64.5 31 J
Annual Arithmetic Mean(AAM)(ug/m3) 14.0 14.4 -- 12.0 10.5
Amount Thresholds is Exceeded:
24-Hour>35 u m3(da s) 7 14 5 5 0
Annual> 12 u m3(AAM) es es es no No
Exceedances are listed in bold and underlined.
Source:http:l/www.arb.ca.govladaml
City of Orange-Draft EIR—May 2013 Page 5.3-5
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
CO is another important pollutant that is due mainly to motor vehicles. Currently, CO levels in the region
are in compliance with the State and Federal 1-hour and 8-hour standards. High levels of CO commonly
occur near major roadways and freeways. CO may potentially be a continual problem in the future for
areas next to freeways and other major roadways.
The monitored data shown in Table 5.3-1, Local Area Quality Monitoring Summary (Anaheim Air
Monitoring Station) shows that other than the exceedances in ozone, PM 10 and PM2.5 as mentioned
above, no State or Federal standards were exceeded for the remaining criteria pollutants.
5.3.3 Regulatory Setting
The proposed project is located in SCAB and air quality with SCAB is addressed through the efforts of
various international, Federal, State, regional, and local government agencies. These agencies work
jointly, as well as individually, to improve air quality through legislation, regulations, planning, policy-
making, education, and a variety of programs. The agencies responsible for improving air quality are
discussed below.
Federal
The United States Environmental Protection Agency (EPA) is responsible for setting and enforcing the
National Ambient Air Quality Standards (NAAQS) for atmospheric pollutants. It regulates emission
sources that are under the exclusive authority of the Federal government, such as aircraft, ships, and
certain locomotives. NAAQS pollutants were identified using medical evidence and are shown in Table
5.3-2,State and Federal Standards.
As part of its enforcement responsibilities, EPA requires each State with Federal non-attainment areas to
prepare and submit a State Implementation Plan (SIP) that demonstrates the means to attain the Federal
standards. The SIP must integrate Federal, State, and local components and regulations to identify
specific measures to reduce pollution, using a combination of performance standards and market-based
programs within the timeframe identified in the SIP.
As indicated in Table 53-3, South Coast Air Basin Attainment Status, the Basin has been designated by
EPA as a non-attainment area for Ozone (03) and suspended particulates (PM10 and PM2.5). Currently,
the Basin is in attainment with the ambient air quality standards for carbon monoxide (CO), lead, sulfur
dioxide(SOZ), and nitrogen dioxide(NOz).
In 2011, the Basin exceeded federal standards for either ozone or PM2.5 at one or more locations on a
total of 124 days, based on the current federal standards for 8-hour ozone and 24-hour PM2.5. Despite
substantial improvements in air quality over the past few decades, some air monitoring stations in the
Basin still exceed the NAAQS for ozone more frequently than any other stations in the U.S. In 2011,
three of the top five stations that exceeded the 8-hour ozone NAAQS were located in the Basin (Central
San Bernardino Mountains,East San Bernardino Valley, and Metropolitan Riverside County).
Page 5.3-6 City of Orange-Draft E1R—May 2013
SCH No. 2009051072 Rio Santiago Project
5.3 Air Quality
Table 5.3-2: State and Federal Standards
Concentration/Avera in Time
Air California Federal Primary
Pollutant Standards Standards Most Relevant Effects
(a)Pulmonary function decrements and localized lung
edema in humans and animals; (b) Risk to public
health implied by alterations in pulmonary
morphology and host defense in animals;(c)Increased
Ozone(03) 0.09 ppm/ 1-hour OA�S ppm,/8-hour mortality risk; (d) Risk to public health implied by
0.07 ppm/8-hour altered connective tissue metabolism and altered
pulmonary morphology in animals after long-term
exposures and pulmonary function decrements in
chronically exposed humans, (e) Vegetation damage;
and,(fl Pro e dama e.
(a)Aggravation of angina pectoris and other aspects of
Carbon coronary heart disease; (b) Decreased exercise
Monoxide 20.0 ppm/ 1-hour 35.0 ppm/ 1-hour tolerance in persons with peripheral vascular disease
(CO) 9.0 ppm/8-hour 9.0 ppm/8-hour and lung disease; (c) Impairment of central nervous
system functions; and, (d) Possible increased risk to
fetuses.
(a) Potential to aggravate chronic respiratory disease
Nitrogen and respiratory symptoms in sensitive groups;(b)Risk
Dioxide 0.18 ppm/ 1-hour 0.053 ppm/annual to public health implied by pulmonary and extra-
(NO2) 0.030 ppm/annual pulmonary biochemical and cellular changes and
pulmonary structural changes; and,(c)Contribution to
atmospheric discoloration.
Sulfur 35.0 ppm/1-hour Bronchoconstriction accompanied by symptoms which
Dioxide 0.25 ppm/1-hour 9.0 ppm/8-hour may include wheezing, shortness of breath and chest
(SOZ) 0.04 ppm/24-hour 0.5 ppm/3-hour tightness, during exercise or physical activity in
Second Stnd. ersons with asthma.
Suspended
Particulate 50 µg/m3/24-hour
Matter 20 µg/m3/annual 150 µg/m3/24-hour (a) Exacerbation of symptoms in sensitive patients
with respiratory or cardiovascular disease; (b)
�PM10� Declines in pulmonary function growth in children;
Suspended and, (c) Increased risk of premature death from heart
Particulate 12 µg/m3/annual 35 µg/m3/24-hour or lung diseases in elderly.
Matter 15 µg/m /annual
�PMzs)
(a) Decrease in ventilatory function; (b) Aggravation
Sulfates 25 µg/m3/24-hour No Federal Standards of asthmatic symptoms, (c ) Aggravation of cardio-
pulmonary disease; (d) Vegetation damage; (e)
De radation of visibilit ;and, Pro ert dama e.
Lead 1.5 µg/m3/30-day 1.5 µg/m3/calendar (a)Learning disabilities;and, (b)Impairment of blood
uarter formation and nerve conduction.
Extinction coefficient
of 0.23 per kilometer
Visibility -visibility of ten Visibility impairment on days when relative humidity
Reducing miles or more due to No Federal Standards is less than 70 percent.
Particles particles when
relative humidity is
less than 70 ercent.
Source:2007 Final AQMP.
City of Orange-Draft E/R—May 2013 Page 5.3-7
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
Table 5.3-3: South Coast Air Basin Attainment Status
Pollutant Averaging Time National Standards California Standards2
Attainment Date'
1979 1-Hour Nonattainment(Extreme)
1-Hour Ozone(03)3 (0.12 ppm) 11/15/2010(not attained)
1997 8-Hour Nonattainment(Extreme) Nonattainment
8-Hour Ozone(03)3 (0.08 ppm) 6/15/2024
2008 8-Hour Nonattainment(Extreme)
8-Hour Ozone(03)3 (0.075 ppm) 12/31/2032
Carbon Monoxide(CO) 1-Hour(35 ppm) Attainment(Maintenance)
8-Hour(9 ppm) 6/11/2007(attained) Maintenance
1-Hour Unclassifiable/Attainment
Nitrogen Dioxide (100 ppb) Attained
s Nonattainment
(NOZ) Annual Attainment(Maintenance)
(0.053 ppm) 9/22/1998
1-Hour(75 ppb) Designation Pending/Pending
Sulfur Dioxide(SOZ)6 24-Hour(0.14 ppm) Unclassifiable/Attainment Attainment
Annual(0.03 ppm) 3-19-1979(attained)
PM10 24-Hour Nonattainment(Serious)
(150 µg/m') 12/31/2006(redesignation submitted)� Nonattainment
24-Hour Nonattainment
(35 µg/m') 12/14/2014
PM2.5 Nonattainment
Annual Nonattainment
(15.0 µg/m3) 4/5/2015 -���-
Lead(Pb) 3-Months Rolling Nonattainment(Partial)8
(0.15 µg/m3) 12/31/2015 Nonattainment
�Obtained from Draft 2012 AQMP,SCAQMD,2012.A design value below the NAAQS for data through the full yeaz or smog season prior to
the attainment date is typically required for attainment demonstration.
Z Obtained from http://www.arb.ca.gov/desigJadm/adm.htm.
' 1-hour 03 standard(0.12 ppm)was revoked,effective June 15,2005;however,the Basin has not attained this standard based on 2008-2010
data has some continuing obligations under the former standard.
'1997 8-hour O,standard(0.08 ppm)was reduced(0.075 ppm),effective May 27,2008;the 1997 03 standard and most related implementation
rules remain in place until the 1997 standard is revoked by U.S.EPA.
5 New NOz 1-hour standard,effective August 2,2010;attainment designations January 20,2012;annual NOZ standard retained.
6 The 1971 annual and 24-hour SOz standards were revoked, effective August 23,2010;however,these 1971 standards will remain in effect
until one year after U.S.EPA promulgates area designations for the 2010 SOZ I-hour standard. Area designations are expected in 2012,with
Basin designated Unclassifiable/Attainment
' Annual PM10 standard was revoked, effective December 18, 2006; redesignation request to Attainment of the 24-hour PM10 standard is
pending with U.S.EPA
8 Partial Nonattainment desi nation—Los An eles Coun ortion of Basin onl .
Source: Appendix B,Air Qualiry Analysrs
PM2.5 in the Basin has improved significantly in recent years, with 2010 and 2011 being the cleanest
years on record. In 2011, only one station in the Basin (Metropolitan Riverside County at Mira Loma)
exceeded the annual PM2.5 NAAQS and the 98`" percentile form of the 24-hour PM2.5 NAAQS, as well
as the 3-year design values for these standards. Basin-wide, the federal PM2.5 24-hour standard level
was exceeded in 20ll on 17 sampling days.
The Basin is currently in attainment far the federal standards for SOZ, CO, and NOZ. While the
concentration level of the new 1-hour NOZ federal standard (100 ppb) was exceeded in the Basin at two
stations (Central Los Angeles and Long Beach) on the same day in 2011, the NAAQS NOZ design value
has not been exceeded. Therefore,the Basin remains in attainment of the NOz NAAQS.
Page 5.3-8 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.3 Air Quality
The EPA designated the Los Angeles County portion of the Basin as nonattainment for the recently
revised (2008) federal lead standard (0.15 µg/m3, rolling 3-month average), due to the addition of source-
specific monitoring under the new federal regulation. This designation was based on two source-specific
monitors in Vernon and the City of Industry exceeding the new standard in the 2007-2009 period of data
used. For the most recent 2009-2011 data period, only one of these stations (Vernon) still exceeded the
lead standard.
State and Regional
California Air Resource Board
The California Air Resources Board (CARB), which is a part of the California Environmental Protection
Agency (CaIEPA), is responsible for the coordination and administration of both Federal and State air
pollution control programs within California. In this capacity, CARB conducts research, sets the
California Ambient Air Quality Standards (CAAQS), compiles emission inventories, develops suggested
control measures, provides oversight of local programs, and prepares the State Implementation Plan(SIP).
The CAAQS for criteria pollutants are shown above in Table 53-1, Local Area Qualiry Monitoring
Summary (Anaheim Air Monitoring Station). In addition, CARB establishes emission standards for motor
vehicles sold in California, consumer products (e.g. hairspray, aerosol paints, and barbeque lighter fluid),
and various types of commercial equipment. It also sets fuel specifications to further reduce vehicular
emissions.
SCAB has been designated by CARB as a non-attainment area for ozone, PM10 and PM2.5. Currently,
SCAB is in attainment with the ambient air quality standards for CO, lead, SO2,NOZ, and sulfates and is
unclassified for visibility reducing particles and Hydrogen Sulfide.
On June 20, 2002, CARB revised the PM10 annual average standard to 20 µg/m3 and established an
annual average standard for PM2.5 of 12 µg/m3. These standards were approved by the Office of
Administrative Law in June 2003 and are now effective. Per the request of the EPA, on February 11,
2004, CARB submitted a recommendation that SCAB be designated as non-attainment based on PM2.5
monitoring from 2000 through 2002. On June 29, 2004, the EPA indicated its concurrence with this
recommendation and on April 5, 2005, the SCAB was designated a non-attainment area for PM2.5. On
September 27, 2007, CARB approved the SCAB and the Coachella Valley 2007 Air Quality Management
Plans for Attaining the Federal 8-hour Ozone and PM2.5 Standards. The plan projects attainment for the
8-hour Ozone standard by 2024 and the PM2.5 standard by 2015.
CARB is also responsible for regulations pertaining to Toxic Air Contaminants (TACs). The Air Toxics
"Hot Spots" Information and Assessment Act(AB 2588, 1987, Connelly)was enacted in 1987 as a means
to establish a formal air toxics emission inventory risk quantification program. AB 2588, as amended,
establishes a process that requires stationary sources to report the type and quantities of certain substances
their facilities routinely release into SCAB. The data is ranked by high, intermediate, and low categories,
which are determined by: the potency, toxicity, quantity, volume, and proximity of the facility to nearby
receptors.
City of Orange-Draft EIR—May 2013 Page 5.3-9
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
South Coast Air Quality Management District
South Coast Air Quality Management District (SCAQMD) develops rules and regulations, establishes -
permitting requirements for stationary sources, inspects emission sources, and enforces such measures
through educational programs or fines, when necessary. SCAQMD is directly responsible for reducing
emissions from stationary, mobile, and indirect sources. It has responded to this requirement by preparing
a sequence of AQMPs. On June 1, 2007, SCAQMD approved the 2007 AQMP, which is designed to
satisfy the California Clean Air Act (CCAA) tri-annual update requirements and fulfill SCAQMD's
commitment to update transportation emission budgets based on the latest approved motor vehicle
emissions model and planning assumptions. The 2007 AQMP updated and revised the previous 2003
AQMP. The 2007 AQMP was prepared to comply with the Federal and State CCAA and amendments,to
accommodate growth, to reduce the high pollutant levels in the Basin, to meet Federal and State ambient
air quality standards, and to minimize the fiscal impact that pollution control measures have on the local
economy. The purpose of the 2007 AQMP for SCAB is to set forth a comprehensive program that will
lead this area into compliance with all Federal and State air-quality planning requirements. Compared
with the 2003 AQMP, the 2007 AQMP utilizes revised emissions inventory projections that use 2002 as
the base year. On-road emissions are calculated using the CARB EMFAC2007 V23 emission factors and
the transportation activity data provided by The Southern California Association of Governments(SCAG)
from their 2008 Regional Transportation Plan (2008 RTP). Off-road emissions were updated using
CARB's November 1, 2006 OFFROAD model. The focus of the AQMP is to demonstrate attainment of
the federal PM2.5 ambient air quality standard by 2015 and the Federal 8-hour ozone standard by 2024.
The 2007 AQMP incorparates several measures carried over from the 1997 AQMP and 1999 Amendment
to the 1997 Ozone SIP.
The 2007 AQMP control measures consist of four components: 1) the District's Stationary and Mobile
Source Control Measures; 2) CARB's Proposed Revised Draft State Strategy; 3)District Staff's Proposed
Policy Options to Supplement CARB's Control Strategy; and, 4) Regional Transportation Strategy and
Control Measures provided by SCAG. Overall, the Plan includes 31 stationary and 30 mobile source
measures. These measures primarily rely on the traditional command-and-control approach, facilitated by
market incentive programs, as well as advanced technologies expected to be implemented by 2015 (for
PM2.5) and 2024 (for 8-hour ozone). The stationary source control measures presented in the 2007
AQMP are proposed to further reduce emissions from both point sources (permitted facilities) and area
sources (generally small and non-permitted). The basic principles followed in developing SCAQMD's
stationary source control measures included: 1) identify SOx and NOx reduction opportunities and
maximize reductions by 2014; and, 2) initiate programs or rule making activities for VOC control
strategies aiming at maximum reductions by 2023 timeframe. The basic principles used in designing
SCAQMD's control strategy were to: 1) meet at least the same overall remaining emissions target
committed to in the 1997/1999 SIP; 2) replace long-term measures with more specific near-term
measures, where feasible; and, 3) develop new short-term control measures and long-term strategies to
achieve the needed reductions for attainment demonstration. The control measures in the 2007 AQMP
are based on implementation of all feasible control measures through the application of available
technologies and management practices as well as development and implementation of advanced
Page 5.3-10 City of Orange-Draft EIR-May 2013
SCH No. 2009051072 Rio Santiago Project
5.3 Air Quality
technologies and control methods (i.e., zero emission, hybrid-electric, and alternative fueled vehicles and
infrastructure, and capital and non-capital transportation improvements). Capital improvements consist
of: high-occupancy vehicle (HOV) lanes; transit improvements; traffic flow improvements; park-and-ride
and intermodal facilities; and, urban freeway, bicycle, and pedestrian facilities. Noncapital improvements
consist of rideshare matching and transportation demand management activities derived from the
congestion management program.
Although SCAQMD is responsible for regional air quality planning efforts, it does not have the authority
to directly regulate air quality issues associated with plans and new development projects throughout
SCAB. Instead, this is controlled through local jurisdictions in accordance to the California
Environmental Quality Act (CEQA). In order to assist local jurisdictions with air quality compliance
issues the CEQA Air Quality Handbook (SCAQMD CEQA Handbook), prepared by SCAQMD, 1993,
with the most current updates found at http://www.aqmd.gov/ceqa/hdbk.html, was developed in
accordance with the projections and programs of the AQMP. The purpose of the SCAQMD CEQA
Handbook is to assist Lead Agencies, as well as consultants, project proponents, and other interested
parties in evaluating a proposed project's potential air quality impacts. Specifically, SCAQMD CEQA
Handbook explains the procedures that SCAQMD recommends be followed for the environmental review
process required by CEQA. The SCAQMD CEQA Handbook provides direction on how to evaluate
potential air quality impacts, how to determine whether these impacts are significant, and how to mitigate
these impacts. SCAQMD intends that, by providing this guidance, the air quality impacts of plans and
development proposals will be analyzed accurately and consistently throughout SCAB, and adverse
impacts will be minimized.
Southern California Association of Governments
Southern California Association of Governments (SCAG) is the regional planning agency for Los
Angeles, Orange, Ventura, Riverside, San Bernardino and Imperial Counties, and addresses regional
issues relating to transportation, the economy, community development and the environment. SCAG is
the Federally designated Metropolitan Planning Organization (MPO) for the majority of the southern
California region and is the largest MPO in the nation. With respect to air quality planning, SCAG has
prepared the RTP and Regional Transportation Improvement Plan (RTIP), which addresses regional
development and growth forecasts. These plans form the basis for the land use and transportation
components of the AQMP, which are utilized in the preparation of air quality forecasts and in the
consistency analysis included in the AQMP. The RTP, RTIP, and AQMP are based on projections
originating within the City and County General Plans.
Local
Local jurisdictions, such as the City, have the authority and responsibility to reduce air pollution through
its police power and decision-making authority. Specifically, the City is responsible for the assessment
and mitigation of air emissions resulting from its land use decisions. The City is also responsible for the
implementation of transportation control measures as outlined in the 2007 AQMP. Examples of such
measures include bus turnouts, energy-efficient streetlights, and synchronized traffic signals. In
accordance with CEQA requirements and the CEQA review process, the City assesses the air quality
City of Orange-Draft EIR—May 2013 Page 5.3-11
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
impacts of new development projects, requires mitigation of potentially significant air quality impacts by
conditioning discretionary permits, and monitars and enforces implementation of such mitigation.
In accordance with CEQA requirements, the CiTy does not, however, have the expertise to develop plans,
programs, procedures, and methodologies to ensure that air quality within the City and region will meet
Federal and State standards. Instead, the City has developed the City of Orange Local CEQA Guidelines,
April 11, 2006, and relies on the expertise of the SCAQMD and utilizes the CEQA Handbook as the
guidance document for the environmental review of plans and development proposals within its
jurisdiction.
5.3.4 Significance Thresholds
The following thresholds of significance have been established for the evaluation of the proposed
project's potential air quality impacts consistent with Appendix G of the State Guidelines and the 1993
SCAQMD CEQA Air Quality Handbook(SCAQMD Handbook):
The proposed project would be considered to have a direct significant effect on the environment if, as a
result of its implementation, any of the following would result.
Threshold AQ-A Would the project conflict with or obstruct implementation of the applicable air
quality plan?
Threshold AQ-B Would the project violate any air quality standard or contribute substantially to
an existing or projected air quality violation?
Threshold AQ-C Would the project result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-attainment under an
applicable federal or state ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for ozone precursors)?
Threshold AQ-D Would the project expose sensitive receptors to substantial pollutant
concentrations?
Threshold AQ-E Would the project create objectionable odors affecting a substantial number of
people?
In addition to the Guidelines, the 1993 SCAQMD CEQA Air Quality Handbook (SCAQMD Handbook)
states that any project in SCAB with daily emissions that exceed any of the identified significance
thresholds should be considered as having an individually and cumulatively significant air quality impact.
For the purposes of this air quality analysis, a regional air quality impact would be considered significant
if emissions exceed SCAQMD significance thresholds identified in Table 53-4, SCAQMD Regional
Pollutant Emission Thresholds of Significance.
Page 5.3-12 City of Orange-Draft E/R—May 2013
SCH No. 2009051072 Rio Santiago Project
5.3 Air Quality
Table 5.3-4: SCAQMD Regional Pollutant Emission Thresholds of Significance
Pollutant Emissions(pounds/day)
��„�
Activity
VOC NOx CO SOx PM�o PMz.s Lead
Construction 75 100 550 150 150 55 3
Operation 55 55 550 150 150 55 3
Source:http://www.aqmd.gov/ceqa/handbook/signthres.pdf
For the purposes of this air yuality analysis, a local air quality impact would be considered significant if
emissions exceed SCAQMD significance thresholds identified in Table 5.3-5,SCAQMD Local Air
Quality Thresholds of Significance for Construction.
Table 5.3-5: SCAQMD Local Air Quality Thresholds of Significance for Construction
Significance
Pollutant SCAQMD LSTs' Back round Leve12 Thresholds3
NOz- 1-Hour Average(State) 0.18 ppm(338 µg/m3) 0.093 ppm(175 µg/m3) 163 µg/m3
CO- 1-Hour Average(State) 20 ppm(23,000 µg/m3) 3.6 ppm(4,140 µg/m3) 18,860 µg/m3
CO-8-Hour Average(State/Federal) 9.0 ppm(10,000 µg/m3) 3.44 ppm(3,822 µg/m3) 6,178 µg/m3
PM10-24 Hour Average 10.4 µg/m3 -- ]0.4 µg/m3
PM2.5-24-Hour Average 10.4 µg/m3 -- 10.4 µg/m3
�Obtained from:http://www.aqmd.gov/ceqa/handbook/signthres.pdf.
z Obtained from Table 5.3-1 above and based on the highest measured concentrations from the last 3 years at the Anaheim Station.
'Represents the maacimum off-site concentrations allowed during operations.
'Based on SCAQMD Rule 403(d)(3).
Source:Appendix B,Air Quality Analysrs
5.3.5 Evaluation of Potential Project Impacts
This section will evaluate whether the proposed project would potentially have a substantial adverse
effect on air quality. This evaluation assumes that the project will be implemented consistent with the
Project Description, including all Project Design Features(PDF's).
Project Design Features
All Project Design Features (PDF's) associated with air quality are noted below in Table 53-6, Project
Design Features &Air Quality Impact Comparison. The table identifies the PDF's related to each CEQA
threshold. The checkmark indicates that the PDF reduces, eliminates, and/or avoids impacts associated
with the related threshold. Refer to the threshold analysis for specific details.
City of Orange-Draft EIR—May 2013 Page 5.3-13
Rio Santiago Project SCH No. 2009051072
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5.3 Air Quality
Air Quality Plan
Threshold AQ-A Would the project conflict with or obstruct implementation of the applicable air
quality plan?
[CEQA Air Quality Threshold 3(a)]
The California Environmental Quality Act (CEQA) requires a discussion of any inconsistencies between
a proposed project and applicable General Plans (GP) and regional plans (CEQA Guidelines Section
15125). The regional plan that applies to the proposed project includes the South Coast Air Quality
Management District(SCAQMD)Air Quality Master Plan(AQMP). Therefore,this section discusses any
potential inconsistencies of the proposed project with the AQMP.
The SCAQMD CEQA Handbook states that "new or amended GP Elements (including land use zoning
and density amendments), Specific Plans, and significant projects must be analyzed for consistency with
the AQMP." Strict consistency with all aspects of the plan is usually not required. A proposed project
should be considered to be consistent with the AQMP if it furthers one or more policies and does not
obstruct other policies. The SCAQMD CEQA Handbook identifies two key indicators of consistency:
1. Whether the project will result in an increase in the frequency or severity of existing air quality
violations or cause or contribute to new violations, or delay timely attainment of air quality
standards or the interim emission reductions specified in the AQMP (except as provided for CO
in Section 9.4 for relocating CO hot spots).
2. Whether the project will exceed the assumptions in the AQMP in 2010 or increments based on
the year of project buildout and phase.
Criterion 1 - Increase in the Frequency or Severity of Violations?
As shown below in Table 53-7, Construction-Related Criteria Pollutant Emissions prior to Mitigation,
based on the air quality modeling analysis, short-term regional construction emissions would create a
significant impact related to NOx emissions from on-site construction equipment emissions and off-site
haul truck emissions during the grading phase for the proposed project, and VOC emissions from the
application of architectural coatings. As noted previously, current, approved grading activities would
have to occur to construct the proposed project. Therefore, from the date of project approval, the grading
activities will become project site preparation activities. In order to provide a "worst-case" analysis in
this Draft EIR, all grading activities related to the backfill operation, mass grading operation, and
establishment of final individual pad grades will be considered as project earthwork. Therefore,
earthwork on the project site would include approximately 2,248,200 cubic yards of material that will be
over excavated. A total of 1,100,000 cubic yards of material will be imported to the site. The imported
materials include concrete, asphalt, rock, and soil. The imported materials will be crushed on-site. A
total of 3,348,200 cubic yards of material, both over excavated and imported to the project site, will be
blended during the backfilling operation. The grading phase would be anticipated to disturb a total of 65
acres and occur over 4.4 years. Therefore, the following impact would have the potential to occur and
mitigation is proposed:
City of Orange-Draft EIR—May 2013 Page 5.3-15
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
Impact AQ-1: The proposed project would have the potential to result in impacts related to
regional NOx emissions during the grading phase and regional VOC emissions .
from the application of architectural coatings.
MM AQ-L• The project applicant shall require that the grading contractar limit the operation
of each Tier 1 or Tier 0 grading equipment to an hour or less per day. The
grading contractor shall keep a log book on-site at all times that records daily
hours of operation of each Tier 0 and Tier 1 grading equipment. At any time that
other construction phases occur concurrently with grading operations,the grading
contractor shall not allow any Tier 0 and Tier 1 grading equipment onto the
project site.
MM AQ-2: The project applicant shall require the grading contractor to be below the off-road
fleet minimum NOx emissions requirements as stated in Sections 2449, 2449.1,
and 2449.2 of the California Code of Regulations for the grading equipment
utilized on-site.
MM AQ-3: The project applicant shall require that all on-road trucks utilized far the import
of material to the project site shall not exceed year 2007 or latter emissions
standards.
MM AQ-4: The project applicant shall require that the construction contractor limit the
architectural coatings used on the project site to 45 grams of VOC per liter or
less. On days that architectural coatings are being applied, the project applicant
shall restrict the concurrent operation of diesel powered equipment on the project
site that is not directly associated with the application of architectural coating.
Mitigation Measures AQ-1 and AQ-2 have been provided to reduce the emissions from the on-site
construction equipment. Mitigation Measure AQ-3 has been provided to limit the on-road vehicle
emissions from vehicles controlled by the applicant, however no mitigation is available to control the
emissions from the on-road haul which are regulated by the State and not by local jurisdictions.
Mitigation Measure AQ-lthrough AQ-3 would reduce the short-term construction-related regional air
quality impacts (NOx emissions) (Impact AQ-1), however not to a less than significant level. Mitigation
Measure AQ-4 has been provided to reduce the VOC emissions from architectural coating to less than
significant levels. Therefore, the short-term construction-related regional emissions would remain a
significant unavoidable impact.
The short-term construction-related local air quality emissions would create a significant local particulate
matter (PM10 and PM2.5) impact at the nearest homes on the east side of the project site from grading
activities. The particulate matter would primarily be created from the moving of dirt on the project site
associated with grading and import of dirt onto the project site. The increased levels of particulate matter
generated during construction activities may increase the frequency or severity of violations in the local
Page 5.3-16 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.3 Air Quality
vicinity of the project site. Therefore, the following impact would have the potential to occur and
mitigation is proposed:
Impact AQ-2: The proposed project would have the potential to result in impacts related to local
PM10 and PM2.5 concentrations during the grading phase.
MM AQ-1—AQ4: See above.
MM AQ-5: The project applicant shall require that the grading contractor adhere to all
Control Measures listed in Tables l, 2, and 3 of SCAQMD's Rule 403.
MM AQ-6: The project applicant shall require that the grading contractar submit written
documentation to the Director of Public Works or designee prior to issuance of
grading permit that water or a dust palliative will be applied to backfill material
prior to moving and following backfilling, require that the loader drop height is
minimized during the grading phases of the proposed project and require that
bottom dumping haul trucks use bedliners. The project applicant shall ensure that
the written documentation is conducted within site grading activities.
MM AQ-7: The project applicant shall require that the grading contractor submit written
documentation to the Director of Public Works or designee prior to issuance of
grading permit that surface soils shall be pre-wetted and allowed to penetrate
prior to the commencement of clearing, grubbing, and cut and fill activities and
areas without continuing construction shall be covered with vegetation or a dust
palliative during the grading phases of the proposed project. The project
applicant shall ensure that the written documentation is conducted within site
grading activities.
MM AQ-8: Prior to issuance of any building permit, the building contractor shall submit
written documentation to the Director of Public Works or designee that concrete
forms shall be cleaned through the use of water and/or sweeping, and the use of
high-pressurized air for cleaning farms shall be restricted during the building
construction phase of the proposed project. The project applicant shall ensure that
the written documentation is conducted within site grading activities.
MM AQ-9: The project applicant shall reyuire that the grading contractor submit written
documentation to the Director of Public Works or designee prior to issuance of
grading permit that the perimeter of the project site where grading activities
occurs within 250 feet of any off-site residence shall be fenced. The fence shall
consist of a low porous material in order to prevent access and to provide a wind
barrier and shall be maintained throughout the duration of construction for the
proposed project. The project applicant shall ensure that the written
documentation is conducted within site grading activities.
City of Orange-Draft EIR—May 2013 Page 5.3-17
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
MM AQ-10: The project applicant shall require that the grading contractor submit written
documentation to the Director of Public Works or designee prior to issuance of _
grading permit that the staging area will be limited in size to the smallest
practical area for staging, that the area where equipment operate will be watered
a three times per day, all vehicles speeds will be limited to 15 mph or less and
that the number of ingress points be limited to the minimum practical. The
stockpiles shall be watered three times per day and at any time after material has
been removed or added to the stockpiles, any material buildup of silt on the
downward side shall be removed daily, the stockpiles shall be constructed
without any steep sides ar faces, and upon removal of the stockpile the area shall
be stabilized through the use of vegetation or a dust palliative. The project
applicant shall ensure that the written documentation is conducted within site
grading activities.
MM AQ-11: The project applicant shall require that the grading contractor submit written
documentation to the Director of Public Works or designee prior to issuance of
grading permit that all driveways onto the project site shall be paved for a
minimum of 100 feet from East Santiago Canyon Road and at the conclusion of
the pavement either gravel pads, wheel shakers or wheel washers shall be
installed. The project applicant shall ensure that the written documentation is
conducted within site grading activities.
MM AQ-12: The project applicant shall require that the grading contractor submit written
documentation to the Director of Public Works or designee on the grading plan
that upon completion of grading, non-toxic chemical stabilizers, such as lime, or
ground cover shall be placed on areas where the construction phase will begin
more than 60 days after grading phase ends. The project applicant shall ensure
that the written documentation is conducted within site grading activities.
MM AQ-13: The project applicant shall require that the grading contractor submit written
documentation to the Director of Public Works or designee prior to issuance of
grading permit that a publicly visible sign with the telephone number and person
to contact regarding dust complaints shall be posted at the entrance to the project
site. This person shall respond and take corrective action within 24 hours. The
project applicant shall ensure that the written documentation is conducted within
site grading activities.
MM AQ-14: Prior to issuance of a certificate of occupancy, the applicant shall submit written
and photographic documentation that demonstrates that all ground surfaces are
covered or treated sufficiently to minimize fugitive dust emissions.
MM AQ-15: The project applicant shall submit written documentation to the Director of
Public Warks ar designee prior to issuance of grading permit that all roadways,
Page 5.3-18 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.3 Air Quality
driveways, sidewalks, etc., will be rough paved prior to the issuance of any
building permits for the associated planning area. The project applicant shall
ensure that the written documentation is conducted within site grading activities.
MM AQ-16: The project applicant shall require that the grading contractor submit written
documentation to the Directar of Public Warks or designee prior to issuance of
grading permit that all grading activities will cease during periods of high wind
(over 15 mph). The project applicant shall ensure that the written documentation
is conducted within site grading activities.
MM AQ-17: The project applicant shall require that the grading contractor submit written
documentation to the Director of Public Works or designee prior to issuance of
grading permit that the permanent dust control measures in revegetation and
landscape areas will be implemented upon completion of any soil disturbing
activities. The project applicant shall ensure that the written documentation is
conducted within site grading activities.
MM AQ-18: The project applicant shall require that the grading contractor submit written
documentation to the Director of Public Works or designee that all air yuality
mitigation measures shall be included, as a dust control plan on a separate
informational sheet to be recorded with map. In addition, all air quality
mitigation measures shall be shown on grading and building plans. The project
applicant shall ensure that the written documentation is conducted within site
grading activities.
MM AQ-19: For all existing residential structures that are located within 82 feet(25 meters)of
the area disturbed during the proposed project's grading activities, the applicant
shall make available a bi-monthly cleaning of their air filter on their existing
forced air unit(s)by a certified technician.If an existing residential structure does
not have an existing forced air unit then the applicant shall provide an industrial
strength portable air cleaner for their use.
Mitigation Measures AQ-1 through AQ-19 have been provided to reduce the short-term construction-
related local air quality impacts to a less than significant level. Implementation of these mitigation
measures have been estimated to provide an 68 percent reduction in fugitive dust emissions, which is
based on maximum control efficiency of fugitive dust emissions, provided in the CaIEEMod model. This
would result in on-site emission rates of 5.79 pounds per day of PM10 emissions and 3.76 pounds per day
of PM2.5 emissions. The AERMOD Model was re-run based on the mitigated PM10 and PM2.5 emission
rates, which found that the local PM10 and PM2.5 emissions from grading activities would be reduced to
below the 10.4 µg per m3 threshold of significance. Therefore, with the implementation of the proposed
mitigation measures the short-term construction-related local emissions would result in a less than
significant impact.
City of Orange-Draft EIR—May 2013 Page 5.3-19
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
The long-term operation of the proposed project that includes the 4,257 project generated vehicle trips
(shown in Technical Appendix B,Air Quality Analysis, on page 37 of 44 of Appendix A)would not result ,
in significant impacts based on SCAQMD thresholds of significance as detailed in Threshold AQ-B. The
on-going operation of the proposed project would generate air pollutant emissions that are
inconsequential on a regional basis. The analysis for long-term local air quality impacts showed that local
pollutant concentrations would not be projected to exceed the air quality standards (refer to Threshold
AQ-C). Therefore, no long-term impact would occur and no mitigation would be required.
Criterion 2 - Exceed Assumptions in the AQMP?
Consistency with the AQMP assumptions is determined by performing an analysis of the proposed
project with the assumptions in the AQMP. The emphasis of this criterion is to ensure that the analyses
conducted for the proposed project are based on the same forecasts as the AQMP. The Regional
Comprehensive Plan and Guide (RCP&G) consists of three sections: Care Chapters, Ancillary Chapters,
and Bridge Chapters. The Growth Management, Regional Mobility, Air Quality, Water Quality, and
Hazardous Waste Management chapters constitute the Core Chapters of the document. These chapters
currently respond directly to Federal and State requirements placed on Southern California Association of
Governments (SCAG). Local governments are required to use these as the basis of their plans for
purposes of consistency with applicable regional plans under CEQA. For this project, the City's General
Plan defines the assumptions that are represented in the AQMP.
Projects that are consistent with local general plans are consistent with the AQMP assumptions. The
approximately 110 acre project site is currently designated in the City General Plan as Resource Area
(RA) that covers approximately 78 acres, Low Density Residential (LDR) that covers approximately 15
acres, and Open Space (OS) that covers approximately 17 acres. The project site is currently zoned Sand
and Gravel (S-G) and Single-Family Residential (R-1-8). The proposed project would require a General
Plan Amendment to Low Density Residential (LDR), Medium Density Residential (MDR), Open Space
Park (OS-P) and Open Space (Open Space). The proposed project would also rezone the property to
Planned Community.
Although the proposed project is inconsistent with the existing City General Plan land use designation for
the proposed site, it would be in substantial compliance with the Land Use Element Goals and Polices
after an amendment. The proposed General Plan Amendment would amend the Land Use Element Map
to designate the proposed project site as Open Space (OS), Open Space — Park (OS—P), and Medium
Density Residential (MDR). The proposed project would amend the CiTy's General Plan and change
project site zoning designations to eliminate potential conflicts with any applicable land use plan, policy,
or regulation adopted for the purpose of avoiding or mitigating an environmental effect. The proposed
project would have a less than significant impact with regard to conflicting with applicable land use plans,
policies, and regulations.
In addition, the proposed project would provide a recreational center in a residential neighborhood (PDF
AQ-1), which has the potential to reduce the vehicle miles traveled by the nearby existing and proposed
new residences. The proposed project would provide on-site amenities to the age-qualified residences
Page 5.3-20 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.3 Air Quality
(PDF AQ-2) and provide a shuttle service (PDF AQ-3) to limit vehicle miles traveled. The proposed
project would also incorporate an internal trail system that would connect to nearby existing trails (PDF
AQ-4) in order to reduce vehicle miles traveled.
As noted above in Criteria 1, a short-term impact for the proposed project occurs. However,the proposed
project is not anticipated to exceed the AQMP assumptions with the incorporation of PDF AQ-1 through
AQ-4 and the approval of the change to the General Plan. Refer to Subsection 3.0, Project Description
for a discussion of these General Plan amendment and variations to the requested discretionary actions.
Section 5.10, Land Use and Planning provides consistency analyses of the proposed project with the
City's General Plan goals and policies and SCAG. The proposed project with the PDFs and change to the
General Plan would establish a new baseline for the AQMP. Once the new baseline is established, the
proposed project would be consistent with the local general plan. Projects that are consistent with their
local general plan are consistent with AQMP assumptions. Therefore, a less than significant impact
would occur for the second criterion and no mitigation would be required.
Level of Significance
With the inclusion of Mitigation Measures AQ-1 through AQ-19, the project impacts would be reduced;
however, there would remain a significant unavoidable impact related to conflicting with the SCAQMD
AQMP from regional NOx emissions during the grading phase.
Air Quality StandardsNiolations
Threshold AQ-B Would the project violate any air quality standard or contribute substantially to an
existing or projected air quality violation?
[CEQA Air Quality Threshold 3(b)]
Construction Phase
Grading Phase
The project site is presently being backfilled in order to restore the previously mined portions of the
project site. This is a permitted and approved land use that started on February 1, 2010 and will occur on
the project site until City approved grades are achieved as defined on Grading Permit#2047. During the
backfilling operation approximately 2,248,200 cubic yards of material will be over excavated and a total
of 1,100,000 cubic yards will be imported to the site over a minimum 4.4 year period. Although this
present, approved backfilling operation is separate and distinct from the proposed project, some of this
grading would have to occur to construct the proposed project. As a practical result, from the date of
project approval, the backfilling and gading will become project site preparation activities and, as such,
are analyzed as part of the construction phase of the project. As noted above in Threshold AQ-A, a
"worst-case" analysis of all grading activities has been analyzed as part of the earth wark on the proposed
project. Since grading activities may continue to occur in some Planning Areas while trenching, rough
paving or building construction activities are occurring in other Planning Areas, the grading was analyzed
as two phases. The initial grading phase was analyzed as occurring over a 4.4 year period and included
the import 990,000 cubic yards of material. The second phase of grading was modeled based on
City of Orange-Draft EIR—May 2013 Page 5.3-21
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
occurring over a 6 month period and would include the import of 110,000 cubic yards of material and
would occur concurrently with the trenching, rough paving, and building construction activities.
Trenching
The trenching for utilities would occur after the completion of the grading phase. The trenching activities
would occur over one month and would consist of 2 excavators and 2 of either a tractor, loader, or
backhoe.
Rough Paving
The rough paving phase would occur after the completion of the trenching phase and was included due to
Mitigation Measure AQ-15, which requires the rough paving of all roads, driveways and sidewalks prior
to the start of building construction. The paving activities would occur over one month and would require
up to 15 worker trips per day. The onsite equipment was based on the default CaIEEMod equipment list
for paving of 2 pavers, 2 paving equipment, and 2 rollers.
Building Construction Phase
The building construction would occur after the completion of the rough paving phase. In order to provide
a worst-case analysis the single-family homes, the age targeted residential uses, and the recreational uses
were analyzed as being built concurrently over a 2.5 year period.
Archifectural Coating Phase
The application of architectural coatings would occur after the completion of the building construction
phase. The architectural coating phase was based on covering 370,575 square feet of residential exterior
area, 1,111,725 square feet of residential interior area, 1,090,350 square feet of non-residential interior
area, and 363,450 square feet of non-residential exterior area. The architectural coating phase would
occur over three months and would require up to 38 worker trips per day.
Finish Paving Phase
The paving would occur after the completion of the architectural coating phase. The paving phase was
based on the paving of the on-site roads and parking lots. The paving activities would occur over one
month and would require up to 15 worker trips per day. (Please refer to Section 3.82, Grading Concept
and 3.8.3, Construction Data for additional information.)
Regional Air Quality Impacts from Construction
Table 53-7, Construction-Related Criteria Pollutant Emissions prior to Mitigation provides a
comparison of each of the construction activities to SCAQMD thresholds. Since the proposed project
would segment the project site up into Planning Areas that may be developed at different times, it is
possible that the grading and backfilling activities may occur on some Planning Areas while trenching,
building construction, or paving activities are occurring on other Planning Areas. Mitigation Measure
AQ-4, shown above in Threshold AQ-A restricts any concurrent activities from occurring during the
application of architectural coatings. � �
Page 5.3-22 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.3 Air Quality
Table 5.3-7: Construction-Related Criteria Pollutant Emissions prior to Mitigation
Pollutant Emissions ( ounds/da )
Activit VOC NOx CO SOZ PM10 PM2.5
Grading
On-Site' 18.10 146.20 79.68 0.15 1635 10.90
Off-SiteZ 7.23 77.26 47.33 0.08 5.97 332
Total 25.33 223.46 127.01 0.23 22.32 14Z2
Trenching and Grading
Grading On-Site 8.95 68.60 42.51 0.08 12.17 6.72
Gradin Off-Site 4.82 49.02 31.55 0.08 2.16 2.16
Trenchin On-Site 2.78 19.74 16.20 0.03 1.25 1.25
Trenchin Off-Site 0.06 0.06 0.62 0.00 0.16 0.01
Total 16.61 137.42 90.88 0.19 15.74 10.14
Rou h Pavin and Grading
Gradin On-Site 8.95 68.60 42.51 0.08 12.17 6J2
Gradin Off-Site 4.82 49.02 31.55 0.08 2.15 2.16
Rou h Pavin On-Site 6.69 32.09 20.70 0.03 2.74 2.74
Rou h Pavin Off-Site 0.09 0.09 0.87 0.00 0.24 0.02
Total 20.55 149.80 95.63 0.19 17.31 11.64
Building Construction and Grading
Gradin On-Site 8.95 68.60 42.51 0.08 12.17 6J2
Gradin Off-Site 4.82 49.02 31.55 0.08 2.16 2.16
Buildin Construction On-Site 4.74 32.06 23.20 0.04 2.02 2.02
Buildin Construction Off-Site 530 26.93 47.56 0.11 10.60 1.43
Total 23.81 176.61 144.82 0.31 26.95 12.33
Architectural Coatin s
On-Site 240.35 2.18 1.87 0.00 0.17 0.17
Off-Site 0.52 0.49 5.11 0.01 1.66 0.11
Total 240.87 2.67 6.98 0.01 1.83 0.28
Finish Paving
On-Site 4.52 26.42 20.24 0.03 2.17 2.17
Off-Site 0.07 0.06 0.73 0.00 0.24 0.01
Total 4.59 26.49 20.97 0.03 2.41 2.18
SCQAMD Thresholds 75 100 550 150 150 55
Exceeds Threshold? Yes Yes No No No No
'On-site emissions from equipment not operated on public roads.
2 Off-site emissions from vehicles o eratin on ublic roads.
Source:Appendix 8,Air Quality Analysis
Table 53-7, Construction-Related Criteria PollutantEmissions prior to Mitigation, shows that only NOx
would exceed the SCAQMD thresholds of significance for all phases where grading activities occur and
VOC would exceed the SCAQMD thresholds of significance for the architectural coatings phase which is
shown above as Impact AQ-1 under Threshold AQ-A. Mitigation Measures AQ-1, AQ-2, AQ-3, and AQ-
4 have been provided to reduce NOx emissions and are discussed below, however no feasible mitigation
is available to reduce NOx emissions to less than significant for the construction phases where grading
occurs.
Mitigation Measure AQ-1 is provided to limit the operation of each Tier 1 or Tier 0 grading equipment to
an hour or less per day during grading activities that occur prior to any other construction phases and not
City of Orange-Draft EIR-May 2013 Page 5.3-23
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
allow any Tier 0 or Tier 1 grading equipment onto the project site for grading activities that occur
concurrently with any other construction phases. (Tier emissions standards were developed by the
Federal government for new diesel equipment. Tier 0 represents all equipment prior to the Tier standards,
Tier 1 was phased in between 1996 to 2000, Tier 2 and 3 standards were phased in between 2000 and
2008, and Tier 4 standards are being phased in between 2008 and 2015). The grading contractor is
currently utilizing several pieces of specialized Tier 0 and Tier 1 equipment, that are in support of the
main pieces of grading equipment; and,this mitigation was developed for these Tier 0 and 1 equipment to
perform their specialized functions, while limiting the amount of emissions from the Tier 0 and 1
equipment. Mitigation Measure AQ-2 is provided to ensure that the grading contractor maintains the off-
road equipment to meet the State standards.
Mitigation Measure AQ-3 is provided to limit the emissions from the on-road vehicles used for
the import of material through requiring that all haul trucks meet year 2007 or newer emissions standards.
The NOx emissions reductions associated with Mitigation Measure 3 were calculated by comparing the
heavy duty truck emission for year 2014 without any model year restrictions to the year 2014 emissions
with only model year 2007 or newer truck emissions in the EMFAC2007 model. The model year 2007 or
newer truck emissions produced 35 percent of the emissions created when no model year restriction was
placed on the EMFAC2007 model, and therefore the off-site grading activity emissions were reduced by
35 percent.
Mitigation Measure AQ-4 is provided to limit the architectural coatings used on the project site to 45
grams of VOC per liter or less.
Table 53-8,Mitigation Construction-Related Criteria Pollutant Emissions shows the construction-related
criteria pollutant emissions with application of Mitigation Measures AQl through AQ-19. Mitigation
Measures AQ-1 through AQ-3 would reduce the short-term construction-related regional NOx emissions
impacts; however, not to a less than significant level. There is no additional feasible mitigation available
to reduce NOx emissions to less than significant levels. Mitigation Measure AQ-4 would reduce the
short-term construction-related regional VOC emissions impact to less than significant levels. Therefore,
the short-term construction-related regional NOx emissions would remain a significant unavoidable
impact.
Local Air Quality Impacts from Construction
The local air quality emissions from construction were analyzed through utilizing the methodology
described in Localized Significance Threshold Methodology(LST Methodology), prepared by SCAQMD,
revised July 2008. The LST Methodology found the primary emissions of concern are NOx, CO, PM10,
and PM2.5. Table 5.3-9, Screening of the Local Construction Emissions at the Nearest Off-Site Home,
shows the on-site emissions for the different construction phases and the calculated emissions thresholds.
Page 5.3-24 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.3 Air Quality
Table 5.3-8: Mitigated Construction-Related Criteria Pollutant Emissions
Pollutant Emissions ( ounds/da )
Activit VOC NOx CO SOZ PM10 PM2.5
Gradin
On-SiteZ 10.84 87.76 49.05 0.09 5.79 4.97
Off-Site3 7.23 27.07 4733 0.08 5.97 3.32
Total 18.07 114.83 96.38 017 11.76 8.29
Trenching and Grading
Grading On-Site 8.95 68.60 42.51 0.08 4J2 3.90
Gradin Off-Site 4.82 17.17 31.55 0.08 4.56 2.16
Trenchin On-Site 2.78 19.74 16.20 0.03 1.25 1.25
Trenchin Off-Site 0.06 0.06 0.62 0.00 0.16 0.01
Total 16.61 105.57 90.88 0.19 10.69 7.32
Rough Paving and Grading
Gradin On-Site 8.95 68.60 42.51 0.08 4.72 3.90
Gradin Off-Site 4.82 17.17 31.55 0.08 4.56 2.16
Rou h Pavin On-Site 6.69 32.09 20.70 0.03 2.74 2.74
Rou h Pavin Off-Site 0.09 0.09 0.92 0.00 0.24 0.02
Total 20.55 117.95 95.68 0.19 12.26 8.82
Building Construction and Grading
Gradin On-Site 8.95 68.60 42.51 0.08 4J2 3.90
Gradin Off-Site 4.82 17.17 31.55 0.08 4.56 2.16
Buildin Construction On-Site 4.69 31.62 23.16 0.04 2.01 2.01
Building Construction Off-Site 5.30 26.93 47.56 0.11 10.60 1.43
Total 23.76 144.32 144.'78 0.31 21.89 9.50
Architectural Coatings
On-Site 69.86 2.18 1.87 0.00 0.17 0.17
Off-Site 0.52 0.49 5.11 0.01 1.66 0.11
Total 70.38 2.67 6.98 0.01 1.83 0.28
Finish Paving
On-Site 5.31 26.42 20.24 0.03 2.17 2.17
Off-Site 0.07 0.06 0.73 0.00 0.24 0.01
Total 5.38 26.48 20.97 0.03 2.41 2.19
SCQAMD Thresholds 75 100 550 150 150 55
Exceeds Threshold? No Yes No No No No
� Calculated from CaIEEMod with application of Mitigation Measure AQ-5 through AQ-19 that aze anticipated to provide a 85 percent
reduction of fugitive dust emissions.
Z On-site emissions from equipment not operated on public roads.
'Off-site emissions from vehicles o eratin on ublic roads.
Source:Appendix 8,Air Quality Analysis
City of Orange-Draft EIR-May 2013 Page 5.3-25
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
Table 5.3-9: Screening of the Local Construction Emissions at the Nearest Off-Site Home
Pollutant Emissions (pounds/da )
Phase NOx CO PM10 PM2.5
Grading 146.20 79.68 16.35 10.90
Trenching and Grading 8834 58.71 13.42 7.97
Rough Paving and Grading 100.69 63.21 14.91 9.46
Building Construction and Grading 100.66 65.71 1419 8.74
Architectural Coatings 2.18 1.87 0.17 0.17
Finish Paving 26.42 20.24 2.17 2.17
SCAQMD Threshold for 25 meters(82 feet)or less' 183 1,253 13 7
Exceeds Threshold? No No Yes Yes
'The estimated distance from the proposed grading activities to the existing homes on the east side of the project site is 15 meters or 50
feet.
Source:Appendix 8,Air Quality Analysis
The screening data provided in Table 5.3-9,Screening of the Local Construction Emissions at the Nearest
Off-Site Home, shows that the NOx and CO emissions would not exceed the allowable limits for any
phase of construction. However, it also shows that the fugitive dust emissions (PM10 and PM2.5) may
exceed the local emissions thresholds for all phases where grading may occur. Therefore, the proposed
project's construction-related air emissions from fugitive dust and on-site diesel emissions may have the
potential to exceed the State and Federal air quality standards in the local project vicinity which is shown
above as Impact AQ-2 under Threshold AQ-A.
The PM10 and PM2.5 24-hour averages were calculated with the AERMOD View Version 8.1.0. Both _
PM10 and PM2.5 have the same significance threshold of 10.4 µg per m3 and other than the type and
amount of emissions, both use the same model inputs in the AERMOD model. Table 5.3-10,Local PM10
Grading Emission Levels at Nearby Receptors Prior to Mitigation, provides a summary of the calculated
worst-case PM10 construction emissions at seven analyzed discrete sensitive receptors, which were
chosen as the most likely off-site residences to be impacted from grading emissions and at the point of
maximum impact. Figure 5.3-1, Short-term Local Air Quality Impacts fi•om PM10 Prior to Mitigation,
shows the PM10 local air contours prior to mitigation from grading operations on the east side of the
project site.
Page 5.3-26 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
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5.3 Air Quality
Table 5.3-10: Local PM10& PM2.5 Grading Emission Levels at Nearby Receptors Prior to Mitigation
Sensitive Rece tor Location 24-Hour Concentration ([�/m )
Receptor
No. General Location X Y PM10 PM2.5
1 North of Project Site 427304.0 3742308.0 1.9 1.3
2 North of Project Site 427487.0 3742306.0 1.8 1.2
3 East of Project Site 427599.0 3742034.0 2.7 1.8
4 East of Project Site 427461.0 3741981.0 8.2 5.5
5 East of Project Site 427408.0 3741896.0 16.3 10.9
6 Southeast of Project Site 427413.0 3741804.0 8.4 5.6
7 Southeast of Project Site 427328.0 3741661.0 4.6 3.0
PMI East of Project Site 427363.08 3741989.8 37.9 253
SCAQMD Threshold of Significance at Sensitive Receptors 10.4 10.4
Source:Appendix 8,Air Quality Analysis
The data provided in Table 5.3-10, Local PM10 Grading Emission Levels at Nearby Receptors Prior to
Mitigation, shows that PM10 and PM2.5 from the grading phase emissions would exceed the local
emissions thresholds at Receptor 5, which is located at the location of a residential home on the east side
of the project site. Therefore, significant local PM10 and PM2.5 emissions impacts would occur during
grading of the proposed project. Mitigation Measures AQ-1 through AQ-19 reduces local construction
PM10 and PM2.5 emissions. Implementation of these mitigation measures have been quantified above in
Table 5.3-8 and would result in on-site emission rates of 5.79 pounds per day of PM10 emissions and
4.97 pounds per day of PM2.5 emissions.
Figure 5.3-2, Mitigated Short-Term Local Air Quality Impacts from PMIO Emissions, shows the
Mitigated PM10 local air contours from grading operations on the east side of the project site. Table 5.3-
11, Mitigated Local PMIO Grading Emission Levels at Nearby Receptors, shows that Implementation of
Mitigation Measures AQ-1 through AQ-19 would reduce the local PM10 and PM2.5 emissions from
grading actives to below the 10.4 µg per m3 threshold of significance. Therefore,the mitigated short-term
construction-related local emissions would result in a less than significant impact.
Table 5.3-11: Mitigated Local PM10 and PM2.5 Grading Emission Levels at Nearby Receptors
Sensitive Rece tor Location 24-Hour Concentration ([�/m )
Receptor
No. General Location X Y PM10 PM2.5
1 North of Project Site 427304.0 3742308.0 0.7 0.6
2 North of Project Site 427487.0 3742306.0 0.7 0.6
3 East of Project Site 427599.0 3742034A 1.0 0.8
4 East of Project Site 427461.0 3741981.0 2.9 2.5
5 East of Project Site 427408.0 3741896.0 5.8 5.0
6 Southeast of Project Site 427413.0 3741804.0 3.0 2.6
7 Southeast of Project Site 427328.0 3741661.0 1.6 1.4
PMI East of Project Site 427363.08 3741989.8 13.4 11.5
SCAQMD Threshold of Significance at Sensitive Receptors 10.4 10.4
� Based on im lementation of Miti ation Measures AQ-1 throu h AQ-19.
Source:Appendix 8,Air Quality Analysis
Page 5.3-28 City of Orange-Draft EIR-May 2013
SCH No. 2009051072 Rio Santiago Project
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5.3 Air Quality
Construction-Related Toxic Air Contaminant
The greatest potential for toxic air contaminant (TAC) emissions would be related to diesel particulate
emissions associated with heavy equipment operations during construction of the proposed project.
According to SCAQMD methodology, health effects from carcinogenic air toxics are usually described in
terms of individual cancer risk. "Individual Cancer Risk" is the likelihood that a person exposed to
concentrations of TAC's over a 70-year lifetime will contract cancer, based on the use of standard risk-
assessment methodology. The entire time for backfilling and construction of the project is anticipated to
take approximately seven years, which is one-tenth of the cancer risk calculation period; and, is not much
longer than a typical large construction project of five years. Given the relatively limited number of
heavy-duty construction equipment, which was found to be a maximum of 13 pieces simultaneously
operating at any time, and the short-term construction schedule,the proposed project would not result in a
long-term (i.e., 70 years) substantial source of TAC emissions and corresponding individual cancer risk.
Therefore, no significant short-term toxic air contaminant impacts would occur during construction of the
proposed project and no mitigation would be required.
Operations-Related Regional Air Quality
The proposed project includes PDF GHG-1, PDF GHG-2, PDF USS-1, PDF USS-2, and PDF USS-3 to
reduce the projects overall operations-related emissions. PDF GHG-1 requires that the proposed project
will only allow natural gas fireplaces in the single-family residential and no fireplaces in individual in
individual age-qualified housing. PDF GHG-2 requires a minimum of 5 percent increase in efficiently
over Title 24 requirements. In addition, in order to account for the California Green Building Code water
conservation requirements,the use of low flow fixtures and toilets were included. PDF USS-2 requires a
plant palette including drought-tolerant species that reduce the demand for domestic water supply. PDF
USS-3 requires high-efficiency low flow-drip irrigation system to reduce demand for domestic water. A
Water usage rate for a project of this size of 63,569,182 gallons per year was used in the analysis. No
wastewater from the proposed project is anticipated to be treated in septic tanks so the aerobic treatment
of wastewater was increased to offset the default septic tank rate. The solid waste generation rates were
adjusted in the model to match the solid waste generation rates provided in Table 5.17-8, Project Solid
Waste Production of the DEIR, which found the project would generate approximately 1,036.7 tons per
year. Please note that the Appendix B, Air Quality Analysis and Appendix H, Global Climate Change
Analysis used the exact acreage off the Figure 3-4, Tentative Tract Map.
Table 5.3-12, Operational Air Pollution Emissions, provides a comparison of the operational emissions to
the SCAQMD thresholds. The data provided shows that for the on-going operations activities for the
proposed project,the VOC,NOx, CO, SO2, PM10, and PM2.5 emissions would not exceed the SCAQMD
thresholds of significance. Therefore, less than significant long-term regional air quality impacts would
occur during the on-going operations of the proposed project and no mitigation would be required.
Page 5.3-30 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.3 Air Quality
Table 5.3-12: Operational Air Pollution Emissions
Pollutant Emissions( oundslda )
Activit VOC NOx CO SOz PM10 PM2.5
Area Sources' 28.55 0.39 33.34 0.00 0.58 0.57
Energy Usage2 0.36 3.14 1.53 0.02 0.25 0.25
Mobile Sources3 14.85 20.23 138.71 0.34 42.41 2.80
Total Emissions 43.76 23.76 173.58 0.36 43.24 3.62
SCQAMD Thresholds 55 55 550 150 150 55
Exceeds Threshold? No No No No No No
'Area sources consist of emissions from hearths,consumer products,architectural coatings,and landscaping equipment.
2 Energy usage consist of emissions from electricity and natural gas usage (non-hearth) that includes transport of water and processing of
wastewater.
'Mobile sources consist of emissions from vehicles and road dust.
Source:Appendix 8,Air Quality Analysis
Operations-Related Local Air Quality Impacts
Loca/CO Emission Impacts from Project-Generated Vehicular Trips
CO is the pollutant of majar concern along roadways because the most notable source of CO is motor
vehicles. For this reason, CO concentrations are usually indicative of the local air quality generated by a
roadway network and are used as an indicator of potential local air quality impacts. Local air quality
impacts can be assessed by comparing future without and with project CO levels to the State and Federal
CO standards.
To determine if the proposed project could cause emission levels in excess of the CO standards, a
sensitivity analysis is typically conducted to determine the potential for CO "hot spots" at a number of
intersections in the general project vicinity. Because of reduced speeds and vehicle queuing, "hot spots"
typically occur at intersections with a level of service (LOS) E or worse. The LOS is a measure used by
traffic engineers to quantify the delay that occurs at intersections from additional vehicular traffic. The
scale ranges from "A" best to "F" worst. When an intersection operates at LOS E or F SCAQMD
recommends performing a CO hotspot analysis if the volume to capacity ratio increases by two percent or
more.
The proposed project, as shown in Section 5.16, Traffic and Appendix N, Traffic Impact Analysis, shows
that the project would increase the volume to capacity ratio by mare than 2 percent at the intersections of
Newport Boulevard and Santiago Canyon Road for both AM and PM peak hours and Newport Boulevard
and Chapman Avenue for the AM peak hour for the General Plan year 2030 scenario. The future
projected level of service for each intersection is provided on Table 5.16-21, General Plan 2030 plus
Projectlntersection Levels of Service.
Table 5.3-13, Local CO Concentration Projections provides a comparison of the future CO
concentrations to the emissions thresholds. The data provided shows that for the worst-case
meteorological and traffic distribution conditions, none of the receptor locations "intersections analyzed"
would exceed either the 1-hour or 8-hour standards for CO emissions. Therefore, a less than significant
impact to local CO levels would occur from the on-going use of the proposed project and no mitigation
would be required.
City of Orange-Draft E/R—May 2013 Page 5.3-31
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
Table 5.3-13: Local CO Concentration Projections
Future CO Concentrations(ppm)
Year 2030 Baseline Year 2030 With Project
Intersection 1-hour 8-hour 1-hour 8-hour
Newport Boulevard and Santiago Canyon Road(AM Peak Hour)
-Northeast Corner 6.6 4.7 6.6 4.7
-Southeast Corner 6.6 4.7 6.6 4.7
-Southwest Corner 6.7 4.8 6.7 4.8
-Northwest Corner 6.6 4.7 6.6 4.7
Newport Boulevard and Santiago Canyon Road(PM Peak Hour)
-Northeast Corner 6.5 4.6 6.6 4.7
-Southeast Corner 6.6 4.7 6.6 4.7
-Southwest Corner 6.6 4.7 6.6 4.7
-Northwest Corner 6.5 4.6 6.5 4.6
Newport Boulevard and Chapman Avenue(AM Peak Hour)
-Northeast Corner 6.4 4.5 6.4 4.5
-Southeast Corner 6.4 4.5 6.4 4.5
-Southwest Corner 6.4 4.5 6.4 4.5
-Northwest Corner 6.5 4.6 6.5 4.6
SCAQMD Thresholds 20 9 20 9
Exceeds Threshold? No No No No
Source:Appendix 8,Air Quality Analysis
Local Air Quality Impacts from On-Site Operations
Project-related air emissions from on-site sources such as hearths, consumer products, architectural
coatings, landscaping equipment, and the on-site usage of natural gas appliances may have the potential to
create emissions areas that exceed the State and Federal air quality standards in the project vicinity, even
though these pollutant emissions may not be significant enough to create a regional impact to the SCAB.
The nearest sensitive receptors that may be impacted by the proposed project are single-family homes
located approximately 100 feet east of any potential operational emissions on the project site. Table 53-
14, Local Operations Emissions Levels at the Nearest Receptor, provides a comparison of the on-site
emissions, including natural gas usage and landscape maintenance equipment to the emissions thresholds.
Table 5.3-14: Local Operations Emission Levels at the Nearest Receptor
Pollutant Emissions( ounds/da )
On-Site Emission Source NOx CO PM10 PM2.5
Area Sources and Energy Usage 3.5 34.8 0.83 0.82
SCAQMD Threshold for 30 meters(100 feet) 179 1,434 4.5 2.2
Exceeds Threshold? No No No No
Z The estimated distance from the ro osed on-site o erations to the existin homes east of the ro'ect site is 30 meters or 100 feet.
Source:Appendix 8,Air Quality Analysis
The data provided shows that the on-going operations of the proposed project would not exceed the local
NOx, CO, PM10 and PM2.5 thresholds of significance. Therefore, the on-going operations of the
proposed project would create a less than significant operations-related impact to local air quality due to
on-site emissions and no mitigation would be required.
Page 5.3-32 City of Orange-Draft EIR-May 2013
SCH No. 2009051072 Rio Santiago Project
5.3 Air Quality
Operations-Related Toxic Air Contaminant
Particulate matter from diesel exhaust is the predominate toxic air contaminants (TAC) in urban areas and
based on a Statewide average in 2000 was estimated to represent about two-thirds of cancer risk from
TACs. Some chemicals in diesel exhaust, such as benzene and formaldehyde, have been listed as
carcinogens by State Proposition 65 and the Federal Hazardous Air Pollutants program. The proposed
project would generate minimal diesel truck trips and the proposed project does not include any other
significant TAC einission sources. Therefore, a less than significant toxic air contaminant impact would
occur during the on-going operations of the proposed project and no mitigation would be required.
Level of Significance
With the inclusion of Mitigation Measures AQ-1 through AQ-19, the project impacts would be reduced
related to violating any air quality standard or contributing substantially to an existing or projected air
quality violation. However, there would remain a significant unavoidable impact related to violating air
quality standards from regional NOx emissions during the grading phase.
Criteria Pollutant
Threshold AQ-C Would the project result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is non-attainment under an applicable federal
or state ambient air quality standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors)?
[CEQA Air Quality Threshold 3(c)]
Cumulative projects include local development as well as general growth within the project area.
However, as with most development, the greatest source of emissions is from mobile sources, which
travel throughout the local area. Therefare, from an air quality standpoint,the cumulative analysis would
extend beyond any local projects and when wind patterns are considered, would cover an even larger area.
Accordingly, the cumulative analysis far the projecYs air quality must be generic by nature. The project
area is out of attainment for both ozone and PM10 particulate matter. Construction and operation of
cumulative projects will further degrade the local air quality, as well as the air quality of the SCAB.
Construction-Related Cumulative Impacts
The project site is located in the SCAB, which is currently designated by the EPA as a non-attainment
area for ozone, PM10, and PM2.5. The ozone, PM10, and PM2.5 emissions associated with the proposed
project have been calculated above in Threshold AQ-B. The above analysis found that implementation of
the proposed project would result in regionally significant emissions of NOx and VOC, which are an
ozone precursors, during construction of the proposed project(Impact AQ-1). Mitigation Measures AQ-1
through AQ-3 have been provided to reduce the construction-related NOx emissions, however not to less
than significant levels. Mitigation Measure 4 has been provided to reduce the construction-related VOC
emissions to less than significant levels. Therefore, the short-term construction-related cumulative
impacts would remain a significant unavoidable impact.
City of Orange-Draft EIR—May 2013 Page 5.3-33
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
Operational-Related Cumulative Impacts
The greatest cumulative operational impact on the quality of regional basin will be the incremental
addition of pollutants mainly from increased traffic from residential, commercial, and industrial
development. In accordance with SCAQMD methodology, projects that do not exceed SCAQMD criteria
or can be mitigated to less than criteria levels are not significant and do not add to the overall cumulative
impact. The data provided in Table 5.3-12, Operational Air Pollution Emissions indications that
SCAQMD thresholds, project emissions, and determination of exceedances of any threshold. Based this
this data for the on-going operations activities for the proposed project, the VOC,NOx, CO, SOz, PM10,
and PM2.5 emissions would not exceed SCAQMD thresholds of significance. With respect to long-term
emissions, this project would create a less than significant cumulative impact and no mitigation would be
required.
Level of Significance
With the inclusion of Mitigation Measures AQ-1 through AQ-4, the project impact would be reduced
related to Threshold AQ-C , with the exception that there would remain a significant unavoidable impact
related to short-term regional construction-related cumulative impacts.
Sensitive Receptors
Threshold AQ-D Would the project expose sensitive receptors to substantial pollutant
concentrations?
[CEQA Air Quality Threshold 3(d)]
The proposed project may expose sensitive receptors to substantial pollutant concentrations. The local
concentrations of emissions produced on the project site, which may expose sensitive receptors to
substantial concentrations have been calculated above in Threshold AQ-B for both construction and
operations. The analysis found that during grading activities the local PM10 and PM2.5 concentrations
would exceed SCAQMD local thresholds of significance (Impact AQ-2). Mitigation Measures AQ-1
through AQ-19 are provided to reduce the local PM10 and PM2.5 concentrations during grading activities
to less than significant levels. Therefore, with implementation of the proposed mitigation, the exposure of
sensitive receptors to substantial pollutant concentrations would be reduced to a less than significant
impact.
Level of Significance
With the inclusion of Mitigation Measure AQ-1 through AQ-19, the exposure of sensitive receptors to
substantial pollutant concentrations would be reduced to a less than significant impact.
Odors
Threshold AQ-E Would the project create objectionable odors affecting a substantial number of
people?
[CEQA Air Quality Threshold 3(e)]
The proposed project would not create objectionable odors affecting a substantial number of people.
Potential odor impacts have been analyzed separately for construction and operations.
Page 5.3-34 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.3 Air Quality
Individual responses to odors are highly variable and can result in a variety of effects. Generally, the
impact of an odor results from a variety of factors such as frequency, duration, offensiveness, location,
and sensory perception. The frequency is a measure of how often an individual is exposed to an odor in
the ambient environment. The intensity refers to an individual's or group's perception of the odor
strength or concentration. The duration of an odor refers to the elapsed time over which an odor is
experienced. The offensiveness of the odor is the subjective rating of the pleasantness or unpleasantness
of an odor. The location accounts for the type of area in which a potentially affected person lives, works,
or visits;the type of activity in which he or she is engaged; and,the sensitivity of the impacted receptor.
Sensory perception has four major components: detectability, intensity, character, and hedonic tone. The
detection (or threshold) of an odor is based on a panel of responses to the odor. There are two types of
thresholds: the odor detection threshold and the recognition threshold. The detection threshold is the
lowest concentration of an odor that will elicit a response in a percentage of the population, typically
presented as the mean (or 50 percent of the population) but sometimes indicated as 10 percent or 100
percent of the population. The recognition threshold is the minimum concentration that is recognized as
having a characteristic odor quality; this is typically represented by recognition by 50 percent of the
population. The intensity refers to the perceived strength of the odor. The odor character is what the
substance smells like. The hedonic tone is a judgment of the pleasantness or unpleasantness of the odor.
The hedonic tone varies in subjective experience, frequency, odor character, odor intensity, and duration.
Construction
Potential sources that may emit odors during construction activities include the application of materials
such as asphalt pavement paints and solvents, and from emissions from diesel equipment. The
objectionable odors that may be produced during the construction process would be temporary and would
not likely be noticeable for extended periods of time beyond the project site's boundaries. Odor
emissions during construction would be limited to the amounts of odor producing materials being utilized
and the operational time of diesel equipment. Both of these activities may result in transitory odor
impacts at the residences immediately adjacent to the project site.
Any construction-related odors from the proposed project would be controlled from SCAQMD's Rule
402, which restricts the proposed project from discharging odors that are an annoyance to a considerable
number of persons. Rule 402 does not provide a definition for a considerable number or persons.
However, Rule 410 details odor rules for transfer stations and Rule 1133 detail odor rules for composting
operations. Both of these rules rely on complaints from the community to determine, if a significant odor
impact has occurred. Construction equipment has operated on the project site at similar levels to what
would be anticipated to occur during construction of the proposed project since February 1, 2010. It is
SCAQMD's policy of passing odor complaints onto the owner of the property. During that time, no odor
complaints have been passed to the property owner by the SCAQMD (Personal communication, Milan
Properties, LLC.) Therefore, it is not anticipated that similar activities that would be associated with
construction of the proposed project would create odor complaints. Furthermore, construction odor
sources are not anticipated to cause an annoyance to a considerable number of persons as detailed in Rule
402. Therefore, a less than significant odar impact would occur and no mitigation would be required.
City of Orange-Draft EIR—May 2013 Page 5.3-35
Rio Santiago Project SCH No. 2009051072
5.3 Air Quality
Operations
Potential sources that may emit odors during the on-going operations of the proposed project would
include odor emissions from the permanent trash enclosures at the age-qualified attached residential uses,
at the active recreational areas, and from horse manure on the equestrian trails.
The project site is located within an equestrian community and several of the adjacent residences
currently maintain livestock on their properties. SCAQMD's Rule 402 provides an exemption for the
raising of animals from the odor emission rules. The proposed equestrian trails would be similar to other
equestrian trails in the vicinity of the proposed project. Large animal maintenance in this area of the City
is regulated by Chapter 6.04 of the City Municipal Code. Therefore, no impact would be anticipated and
no mitigation measures would be required.
Permanent trash enclosures would be located in Planning Areas B to serve the recreational areas and
Planning Area C to service age-qualified medium density residential housing. The nearest off-site
residence to Planning Areas B and C would be located approximately 180 feet south of the project site,
and south of East Santiago Canyon Road. Due to the distance of the nearest receptors from the project
site and through compliance with SCAQMD's Rule 402, no significant impact related to odors would
occur during the on-going operations of the proposed project. Therefore, no impact would be anticipated
and no mitigation measures would be required.
Level of Significance
The proposed project would have a less than significant impact related to odors and no mitigation
measures would be required.
5.3.6 Evaluation Summary
Table 53-15, Evaluation Summary Table — Air Quality Resources, summarizes potentially significant
project impacts from this Draft EIR.
Table 5.3-15: Evaluation Summary Table—Air Quality Resources
Threshold Potential Impact Mitigation Measure Level of Significance
Air Quality Plan Impact AQ-1 MM AQ-1 through MM AQ-19 Significant unavoidable
Impact AQ-2
Air Quality Impact AQ-1 MM AQ-1 through MM AQ-19 Significant unavoidable
Standards/Violations Impact AQ-2
Criteria Pollutant Impact AQ-1 MM AQ-1 through MM AQ-4 Significant unavoidable
Sensitive Receptars Impact AQ-2 MM AQ-1 through MM AQ-19 Less than significant
with migration
Odors Less than significant None required Less than significant
Page 5.3-36 City of Orange-Draft E/R—May 2013
SCH No. 2009051072 Rio Santiago Project
5.4 Biological Resources
5.4.1 Introduction
Purpose
The purpose of this section is to describe the existing biological resources at the project site and potential
effects from the proposed project implementation. This section also identifies mitigation measures to
reduce potentially significant impacts and describes the residual impact, if any, after imposition of the
mitigation.
Sources
The following sources were used in consideration and discussion of the potential environmental impacts:
• Biological Resources Assessment Rio Santiago, Ciry of Orange, prepared by PCR Services
Corporation, January 2013, as provided in Technical Appendix C, Biological Resource
Assessment to this Draft EIR.
� Investigation of Jurisdiction Delineation Rio Santiago, City of Orange,prepared by PCR Services
Corporation, January 2013, as provided in Technical Appendix D, Verification of Jurisdictional
Delineation to this Draft EIR.
• Tree Survey Report Rio Santiago, City of Orange, prepared by PCR Services Corporation,
January 2013, as provided in Technical Appendix E, Tree Inventory Report to this Draft EIR.
5.4.2 Existing Environmental Setting
For purposes of the Section 5.4, Biological Resources the proposed project has been described as on- and
off-site for a total of approximately 112 acres. On-site includes the approximately 110 acres within the
Planning Areas. Off-site refers to the approximately 2 acres of grading and fuel medication activities that
will occur on the County of Orange owned property.
Santiago Creek runs through the proposed project. The northern portion of the project site consists of a
mix of natural and disturbed communities associated with Santiago Creek and the surrounding upland
areas. The majority of the southern portion of the proposed project consists of severely and repeatedly
disturbed habitat. Approximately five acres in the southeastern portion of the project site remain in use
for materials recycling (i.e., asphalt and concrete crushing). Material for this operation originates from
off-site sources. Figure 3-5, Materials Recycling, provides the present location of the materials recycling
operation. To restore previously mined portions of the site (south of Santiago Creek), a portion of the
project site is presently being backfilled. Figure 3-6, Backfill Operation provides the location of the
backfill operation. The project site was used from 1919 to 1995 for surface and sub-surface mining of
sand, aggregates, and ancillary uses. Ancillary uses included: administration and maintenance buildings,
caretaker residence, material testing laboratory, drivers' shack, rock-crushing plant, and several above-
City of Orange-Draft EIR—May 2013 Page 5.4-1
Rio Santiago Project SCH No. 2009051072
5.4 Biological Resources
and underground fuel storage tanks. Previously mined portions of the project site were used for silt and
other mining debris deposition, otherwise known as silt ponds.
The Handy Creek storm drain operated by the Orange County Flood Control District (Facility No.
E08S06) is located in the central portion of the Rio Santiago proposed project. An unnamed storm drain
is located in the northwestern portion of the proposed project. The Allen McCulloch Pipeline trunk water
distribution line operated by the Metropolitan Water District (MWD)traverses the easterly portion of the
proposed project and is located entirely below grade. Non-operating monitoring wells previously
associated with the closed adjoining Villa Park Landfill are located on the western portion of the proposed
project. The entire project site is presently fenced. Vehicular access to the project site occurs from East
Santiago Canyon Road and related daily to the aforementioned materials remaining and backfill
operations. All other access is prohibited.
Natural Communities and Habitats
The vegetation communities/habitat types occur within the project site as illustrated in Figure 5.4-1,
Natural Communities Map. These include: coast live woodland, coastal sage scrub, disturbed, disturbed
habitat/ruderal, eucalyptus woodland, mined area, non-native grassland, ornamental, southern
cottonwood-willow riparian forest, and undifferentiated open woodland. Table 5.4-1, Summary of
Habitat Type/Vegetation Communities, provides a summary of the existing acres mapped for each habitat
type/vegetation community within the project site.
The remainder of this page left intentionally blank.
Page 5.4-2 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.4 Biological Resources
Table 5.4-1: Summary of Habitat TypeNegetation Communities
On-Site Off-Site Total
HabitaWegetation Community (acres) (acres) (acres)
Black Willow Scrub/Ruderal 0.5 0.00 0.5
Coast Live Oak Woodland 0.4 0.11 0.5
Coastal Sage Scrub a 2.4 0.00 2.4
Disturbed 44.4 0.00 44.4
Disturbed/Coastal Sage Scrub 0.8 0.00 0.8
Disturbed Ruderal 28.8 03 29.1
Eucalyptus Woodland 13 0.00 1.3
Mined Area 8.4 0.00 8.4
Non-Native Grassland 2.9 0.00 2.9
Ornamental 3.6 0. 37 4.0
Rock Outcrop/Cattail Stand 10.3/6.4 0.0 0.10
Ruderal 0.2 0.00 0.2
RuderaUCoastal Sage Scrub 16.1/23 0.0 <0.1
RuderaUSouthern Cottonwood-Willow Riparian Forest 0.3 0.00 03
Southern Cottonwood-Willow Riparian Forest 14.3 1.13 15.4
Undifferentiated Open Woodland 1.4 0.0 1.4
Total 109.7 2.01 111.7
° The natural corramuniry is covered under the NCCP/HCP.
Source: Appendix C, Biological Resource Assessment.
City of Orange-Draft EIR-May 2013 Page 5.4-3
Rio Santiago Project SCH No. 2009051072
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5.4 Biological Resources
Black Wil/ow Scrub/Rudera/
Within the eastern portion of the project site, there is an open field exhibiting evidence of discing.
Although most of this area is dominated by ruderal, weedy species, an isolated patch of a few black
willow trees were planted along the southern edge of the field and now comprise a small community of
black willow scrub/ruderal. This community is comprised of less than ten individual black willow trees
with an understory dominated by non-native ruderal species. Approximately 0.5 acre of black willow
scrub/ruderal occurs within the project site(all on-site).
Coast Live Oak Wood/and
Coast live oak woodland is dominated by coast live oak with an understory of poison oak. Associated
species found within this community include gum tree (Eucalyptus spp.), blue elderberry, toyon
(Heteromeles arbutifolia), vinca (Vinca major), and ivy (Hedera sp.). Coastal live oak woodland occurs
in patches throughout the southeastern portion of the proposed project and encompasses approximately
0.5 acre (0.4 acre on-site and 0.11 acre off-site).
Coasta/Sage Scrub
Coastal sage scrub, which is covered under the Natural Community Conservation Act and Habitat
Conservation Plan (NCCP/HCP), is dominated by California sagebrush and California bush sunflower
(Encelia californica). Other species within this community include: coastal prickly pear (Opuntia
littoralis), Califarnia buckwheat (Eriogonum fasciculatum), felt-leaved yerba santa (Eriodicryon
crassafolium), deerweed (Acmispon glaber Wright's cudweed (Pseudognaphalium canescens ssp.
microcephalum), poison oak, and black mustard. Coastal sage scrub is found along the northwestern
portion of the project site and consists of approximately 2.4 acres(all on-site).
Disturbed
Disturbed or barren areas either completely lack vegetation or are dominated by ruderal species.
Disturbed areas within the proposed project consist of paved roads, dirt roads which were compacted by
vehicular use, or areas which were disced and/or disturbed. Disturbed areas occur in the south-central
portions of the proposed project and occupy approximately 44.4 acres(all on-site).
Disturbed/Coastal Sage Scrub
Disturbed/coastal sage scrub is dominated by ruderal, weedy species but e�ibit components of a coastal
sage scrub community, including California sagebrush and deerweed. Disturbed/coastal sage scrub is
found within the northern central portion of the project site and consists of approximately 0.80 acre (all
on-site).
Disturbed Rudera/
Disturbed ruderal areas within the proposed project have various levels of previous disturbance and range
from sparsely vegetated or bare areas to disturbed areas vegetated with ruderal species. Species observed
within this community include horehound (Marrubium vulgare), short-podded mustard, black mustard
(Brassica nigra), tree tobacco (Nicotiana glauca), tocalote, red-stemmed filaree (Erodium cicutarium),
City of Orange-Draft EIR—May 2013 Page 5.4-5
Rio Santiago Project SCH No. 2009051072
5.4 Biological Resources
mule fat, broom baccharis (Baccharis sarothroides), slenderleaf iceplant (Mesembryanthemum
nod�orum), scarlet pimpernel (Anagallis arvensis), Russian thistle (Salsola tragus), fennel (Foeniculum
vulgare), giant reed, laurel sumac (Malosma laurina), peregrine saltbush, and Mexican fan palm.
Disturbed ruderal areas were found within the central and southwestern portion of the proposed project
and encompass approximately 29.1 acres(28.8 acres on-site and 0.3 acre off-site).
Euca/yptus Wood/and
Areas mapped as eucalyptus woodland consist of windrows of planted gum trees of various species.
Eucalyptus woodland are found within the southeastern portion of the proposed project and encompasses
approximately 1.3 acres.
Mined Area
A significant portion of the proposed project was historically mined. The proposed project is presently
subject to backfill operations. For the purposes of this report, the southeastern corner of the proposed
project used for materials recycling operations has been designated as mined area. This mined area
presently occupies approximately 8.4 acres of the proposed project(all on-site).
Non-Native Grassland
Non-native grassland is dominated by non-native annual grasses such as barley (Hordeum sp.), ripgut
brome (Bromus diandrus), red brome (Bromus madritensis), peregrine saltbush (Atriplex suberecta), and
black mustard. Non-native grassland is found within the western portion of the proposed project and
encompasses approximately 2.9 acres(all on-site). '
Ornamenta/
Ornamental landscaping consists of introduced trees and shrubs associated with development.
Ornamental areas within the proposed project are dominated by non-native trees including: gum tree, pine
(Pinus sp.), Mexican fan palm, Peruvian peppertree, among other ornamental tree species. Ornamental
landscaping occurs in patches throughout the southeastern portion of the proposed project and
encompasses approximately 4.0 acres(3.6 acres on-site and 037 acre off-site).
Rock Outcrop/Cattai/Stand
Rock outcrop/cattail stand is comprised of an open area with large flat rocks interspersed with clusters of
cattail. Associated species found within this community include pa�npas grass (Cortaderia selloana),
Spanish sunflower (Pulicaria paludosa), western sycamore, white sweetclover (Melilotus alba), red
willow, arroyo willow, Bermuda grass(Cynodon dactylon), wild grape, cocklebur, and annual beard grass
(Polypogon monspeliensis). Rock outcrop/cattail stand occurs within the off-site portion of the project
site and encompasses approximately 0.1 acre(all off-site).
Ruderal
A ruderal area observed within the eastern portion of the project site is dominated by non-native, weedy
species such as short-podded mustard (Hirschfeldia incana) and tocalote (Centaurea melitensis). The �� ��
ruderal area encompasses approximately 0.2 acre(all on-site).
Page 5.4-6 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.4 Biological Resources
Rudera//Coastal Sage Scrub
RuderaUcoastal sage scrub is dominated by ruderal, weedy species but exhibit sparse, remnant species of
coastal sage scrub, including California sagebrush. Ruderal/coastal sage scrub is found within the off-site
portion of the project site and consists of less than 0.1 acre(all off-site).
Rudera//Southern Cottonwood-Wi/IowRiparian Forest
Ruderal/southern cottonwood-willow riparian forest consists of those species which comprise southern
cottonwood-willow riparian forest, however this community is dominated by a greater density of ruderal,
weedy species. Ruderal/southern cottonwood-willow riparian forest is found within the western portion
of the project site within Santiago Creek and consists of approXimately 0.3 acre(all on-site).
Southern Cottonwood-Wil/owRiparian Forest
Southern cottonwood-willow riparian forest is dominated by Fremont's cottonwood (Populus fremontii),
black cottonwood (Populus trichocarpa), black willow (Salix gooddingii), red willow (Salix laevigata),
arroyo willow (Salix lasiolepis), and mule fat (Baccharis salicifolia). Other species found within this
community include coast live oak (Quercus agrifolia), poison oak (Toxicodendron diversilobum), cattail
(Typha sp.), wild grape (Vitis sp.), cocklebur (Xanthium strumarium), California sagebrush (Artemisia
californica), western sycamore (Platanus racemosa), blue elderberry (Sambucus nigra ssp. caerulea),
phacelia (Phacelia sp.), watercress (Nasturtium officinale), rush (Juncus sp.), spike rush (Eleocharis sp.),
mugwort(Artemisia douglasiana), California blackberry(Rubus ursinus), giant reed (Arundo donax), and
giant wild rye (Leymus condensatus). In addition, several non-native invasive species were observed,
including Mexican fan palm (Washingtonia robusta), date palm (Phoenix canariensis), Peruvian
peppertree (Schinus molle), castor bean (Ricinus communis), tree tobacco (Nicotiana glauca), white
cudweed (Pseudognaphalium luteoalbum), and black mustard (Brassica nigra). Southern cottonwood-
willow riparian forest is found throughout the northern portion of the proposed project within Santiago
Creek and consists of approximately 15.4 acres (14.6 acres on-site, 1.13 acres off-site).
Undit'ferentiated Open Wood/and
Undifferentiated open woodland includes areas supporting a variety of widely spaced, native and non-
native mature tree species with an herbaceous layer dominated by annual non-native grasses and forbs.
Species found within this community include: Peruvian peppertree, Brazilian pepper (Schinus
terebinthifolius), southern California black walnut(Juglans califonica var. califonica), Mexican fan palm,
date palm, and large stands of giant reed. This community is less dense than most woodland habitats and
occurs within the south-facing slopes of the northern portion of the proposed project. Undifferentiated
open woodland encompasses approximately 1.4 acres(all on-site).
General Wildlife Inventory
The natural communities discussed above provide habitat for wildlife species. While a few wildlife
species are entirely dependent on a single community, the entire mosaic of all the communities within the
project site and adjoining areas constitutes a functional ecosystem for a variety of wildlife species, both
City of Orange-Draft EIR—May 2013 Page 5.4-7
Rio Santiago Project SCH No. 2009051072
5.4 Biological Resources
within the project site and as part of the regional ecosystem. Wildlife species observed, as well as those
expected to occur, within the project site are indicated in Appendix C,Biology Resource Assessment.
Wildlife Movement
Wildlife movement activities usually fall into one of three movement categories: (1) dispersal (e.g.,
juvenile animals from natal areas, or individuals extending range distributions); (2) seasonal migration;
and, (3) movements related to home range activities (foraging for food or water, defending territories,
searching for mates, breeding areas, or cover). Although the nature of each of these types of movement is
species specific, large open spaces will generally support a diverse wildlife community representing all
types of movement. Each type of movement may also be represented at a variety of scales from non-
migratory movement of amphibians, reptiles, and some birds on a "local" level to home ranges
encompassing many square-miles for large mammals moving on a "regional" level. The location of the
proposed project supports restricted wildlife movement due to existing suburban development
surrounding the entire project site.
Movement on a smaller or "local" scale occurs throughout the surrounding vicinity as well as within the
project site itself. Data gathered from biological surveys indicates that the proposed project contains
habitat that supports a number of species of invertebrates, amphibians, reptiles, birds, and mammals. The
home range and average dispersal distance of many of these species may be entirely contained within the
project site and immediate vicinity. Populations of animals such as insects, amphibians, reptiles, small
mammals, and a few bird species may find all their resource requirements without moving far from or
outside of the project site at all. Occasionally, individuals expanding their home range or dispersing from
their parental range will attempt to move outside of the project site.
From a regional perspective, the proposed project abuts Santiago Oaks Regional Park along the
northeastern most portion of the proposed project, and is approximately 0.5 mile northwest of Santiago
Creek Recharge Basin. The proposed project is situated approximately 0.6 mile northeast of El Modena
Open Space, 2.4 miles north-northwest of Peters Canyon Reservoir, 3.8 miles northwest of Irvine Lake,
and 2.0 miles west of the Santa Ana Mountains (Cleveland National Forest). The project site is not
within NCCP/HCP established reserve assembly or wildlife corridors. Santiago Creek runs through the
northern portion of tl�e project site, and merges with the Santa Ana River approximately 7.0 miles
southwest of the project site. Due to the past urbanization of the region, large open space areas in the
immediate vicinity of the project site are limited to Santiago Oaks Regional Park, Santiago Creek
Recharge Basin, and El Modena Open Space.
The proposed project is immediately surrounded by residential development to the north and south which
may deter the movement of larger mammals that require larger home range areas and dispersal distances
or dense vegetative cover. However, species that are less restricted in movement pathway requirements
or are adapted to urban areas (e.g., raccoon, skunk, coyote and birds) likely move through the proposed
project. From east to west, the project site is bordered by Santiago Oaks Regional Park (to the east) and
vacant land which connects to the Santiago Creek Recharge Basin(to the west). Santiago Creek provides
Page 5.4-8 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.4 Biological Resources
habitat which connects Santiago Oaks Regional Park to the Santiago Creek Recharge Basin. Although
there is somewhat limited riparian habitat downstream of the project site associated with the Santiago
Creek Recharge Basin, the portion of Santiago Creek that is found within the project site provides dense
riparian and wetland habitat and thus functions as a wildlife movement corridor which supports wildlife
movement within and through the site. In addition, by providing resources, such as a perennial water
source (for a variety of species, including several fishes), foraging habitat, nesting and den sites, and
cover (for both predator and prey species), the project site provides live-in and movement habitat for
many invertebrate, fish, herptile, avian, and mammal species, including NCCP/HCP identified species
(such as least Bell's vireo and coyote,both of which were observed on-site). Although Santiago Creek is
channelized and surrounded by development along portions of its extent, Santiago Creek serves as a
corridor for wildlife movement by providing patches of habitat, as well as a water source, which connect
the Santa Ana Mountains to the Santa Ana River, and eventually flows out to the Pacific Ocean. Thus,
the habitat associated with Santiago Creek within the northern portion of the proposed project supports
live-in and movement habitat for species on a local scale (i.e., some limited live-in habitat for fish, and
live-in and at least marginal movement habitat for amphibian, reptile, bird, and mammal species), and
likely functions to facilitate wildlife movement for a number of species on a regional scale.
Jurisdictional Waters and Wetlands
The proposed project contains one perennial USGS blueline stream, Santiago Creek, and four associated
tributaries, Tributaries A, B, C, D, and E. Total jurisdiction within the proposed project consists of 6.065
linear feet of perennial streambed that supports approximately 3.34 acres of U.S. Army Corps of
Engineers Regional Water Quality Control Board (USACE/RWQCB) jurisdictional "waters of the
U.S."/"waters of the State," of which 133 acres are wetlands, and 14.10 acres of California Department
of Fish and Wildlife (CDFW)jurisdictional streambed and associated riparian vegetation, as summarized
Table 5.4-2,Existing Jurisdictional Acres, and Figure 5.4-2,Jurisdictional Area.
Table 5.4-2: Existing Jurisdictional Acres'
Length Area acres
Feature (feet) USACEIRWQCB CDFW Nature
On-site
Santia o Creek 5,335 2.99(1.19) 13.46 Perennial
Tributary A 68 <0.01 n/a Ephemeral
Tributary B 48 0.01 n/a E hemeral
Tributary C 51 0.02 n/a Perennial
Tributary D 184 0.03 0.16 Intermittent
On-sit sub-total S,686 3.OS(1.19) 13.62
Off-Site
Santiago Creek 147 0.16(0.07) 0.22 Perennial
Tributary E 232 0.13(0.07) 0.26 Perennial
O f-Site Subtotal 379 0.29(0.14) 0.48
Total 6,065 334(133) 14.10
' Jurisdictional acreages overlap and are not additive (e.g., CISACE acreages are included in the total RWQCB and CDFW
jurisdictional acreages).
' Acreages in parentheses represents the portion of USACE jurrsdiction that meets the three parameter definition of a tivetland.
3 Tributaries outlet wrthin Santdago Creek and are therefore encompassed by the extent of CDFW jurisdiction a[ready quantified for
Santiago Creek
Source: Appendix C,Biological Resource Assessment.
City of Orange-Draft EIR—May 2013 Page 5.4-9
Rio Santiago Project SCH No. 2009051072
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5.4 Biological Resources
Santiago Creek
The Santiago Creek Watershed is approximately 99 square miles in area measured from the point where
the stream enters the Santa Ana River in the City of Santa Ana (below the project) up to the southwest-
facing slopes of the Santa Ana Mountains in the Cleveland National Forest(far above). Santiago Creek is
a USGS blueline drainage that supports regional flow from a significant upstream watershed that drains
several major canyons associated with the Santa Ana Mountains. The majority of canyon run-off from
the Santa Ana Mountains drains to the Santiago Reservoir which then conveys flow to the Villa Park Dam
facility located approximately 1.25 miles upstream of the proposed project. One major canyon feature
known as Walnut Canyon, and several minor canyon features associated with the adjacent Santa Ana
Mountain foothills to the north/northeast also convey flow to Santiago Creek between the Villa Park Dam
facility and the proposed project. Currently, five drainage outlets flow into Santiago Creek, including a
large concrete box culvert which transports flows from Handy Creek, and an underground storm drain
which conveys flows from the residential development to the north. Flows conveyed through the
proposed project ultimately discharge to the Pacific Ocean via the Santa Ana River located approximately
7 miles southwest of the project site.
The on-site portion of Santiago Creek is an incised perennial U.S. Geological Survey (USGS) blueline
drainage that primarily supports southern cottonwood-willow riparian forest, as well as the development
of fringe wetlands adjacent to the active channel and wetland habitats. Santiago Creek bifurcates into two
streambeds near the center of the site, which ultimately rejoin in the western portion of the site as a single
drainage feature. Soils associated with Santiago Creek were dominated by sandy loam soils underlain by
less permeable silty clay soils and/or granitic bedrock.
Tributary A
Tributary A is an ephemeral drainage feature located on-site immediately downstream of a minor pipe
outlet associated with residential development to the north. No active flows were observed in conjunction
with this tributary, which was determined to be ephemeral in nature, as flow characteristics were observed
that indicate the conveyance of water is typically only during, and immediately following, storm events.
Tributary A supports southern cottonwood-willow riparian forest and sandy loam soils. The
USACE/RWQCB jurisdictional channel width was estimated to be 1 foot based on the Ordinary High
Water Mark (OHWM). Tributary A outlets within the slopes of Santiago Creek, therefore CDFW
jurisdictional widths were encompassed within the Santiago Creek CDFW jurisdictional limits.
Tributary A supports approximately 68 linear feet and less than 0.01 acre of on-site USACE/RWQCB
jurisdictional "waters of the U.S."/"waters of the State." Tributary A outlets within the northern slope of
Santiago Creek on-site and is therefore encompassed by the extent of CDFW jurisdiction already
quantified for Santiago Creek. No wetlands occur within Tributary A.
Tributary B
Tributary B is a concrete-lined outlet located on-site that appears to drain run-off from residential
development to the southeast. No flow was observed in the tributary which discharges near the perennial
City of Orange-Draft EIR—May 2013 Page 5.4-11
Rio Santiago Project SCH No. 2009051072
5.4 Biological Resources
low-flow channel associated with Santiago Creek. In addition, this tributary supports flow characteristics
that indicate the conveyance of water is typically only during, and immediately following, storm events
and is therefore considered ephemeral in nature. Due to the concrete-lining of the tributary, no vegetation
or soils occur in association with the outlet. Tributary B supports an USACE/RWQCB channel width of
approximately 7 feet. Tributary B outlets within the slopes of Santiago Creek, therefore CDFW
jurisdictional widths were encompassed within the Santiago Creek CDFW jurisdictional limits.
Tributary B supports approximately 48 linear feet and 0.01 acre of on-site USACE/RWQCB
jurisdictional "waters of the U.S."/"waters of the State." Tributary B outlets within the northern slope of
Santiago Creek on-site and is therefore encompassed by the extent of CDFW jurisdiction already
quantified for Santiago Creek. No wetlands occur within Tributary B.
Tributary C
Tributary C is a large double-box culvert located on-site that conveys flow directly into Santiago Creek
from the perennial Handy Creek streambed located south of the property. Due to the concrete lining of
the box culvert, no vegetation or soils were observed within Tributary C. The USACE/RWQCB
jurisdictional channel width totals 25 feet. Tributary C outlets within the slopes of Santiago Creek,
therefore CDFW jurisdictional widths were encompassed within the Santiago Creek CDFW jurisdictional
limits.
Tributary C supports approximately 51 linear feet and 0.02 acre of USACE/RWQCB jurisdictional
"waters of the U.S."/"waters of the State." Tributary C outlets within the northern slope of Santiago
Creek on-site and is therefore encompassed by the extent of CDFW jurisdiction already quantified for
Santiago Creek. No wetlands occur within Tributary C.
Tributary D
Tributary D is a storm drain outlet located on-site that appears to convey flow through developed areas
north of the site. Tributary D extends toward the south from an outlet beneath Mabury Avenue prior to
joining the northerly braid of Santiago Creek near the central portion of the site. Although Tributary D
was dry at the time of the delineation, evidence of dense, mature riparian suggest that this tributary
supports intermittent flow. However, due to the lack of dominance of hydrophytic plant species and the
absence of hydric soils associated with this tributary, it did not meet the criteria for jurisdictional
wetlands. Vegetation associated with Tributary D is dominated by southern cottonwood-willow riparian
forest. Soils within Tributary D are sandy loam. USACE/RWQCB jurisdictional channel widths within
Drainage D range from 3 to 8 feet,while CDFW jurisdictional widths average approximately 40 feet.
Tributary D supports approximately 184 linear feet and 0.03 acre of on-site USACE/RWQCB
jurisdictional "waters of the U.S."/"waters of the State," and 0.16 acre of on-site CDFW jurisdictional
streambed and associated riparian vegetation. No wetlands occur within Tributary D.
Page 5.4-12 City of Orange-Draft E/R—May 2013
SCH No. 2009051072 Rio Santiago Project
5.4 Biological Resources
Tributary E
Tributary E enters the off-site area near the center of the eastern boundary and extends for approximately
232 linear feet toward the north/northwest prior to joining the Santiago Creek mainstem and is generally
less incised than the Santiago Creek mainstem within the off-site area. Tributary E supports areas of open
water and fringe wetlands within ACOE/RWQCB jurisdiction averaging approximately 20 feet in channel
width. CDFW jurisdictional widths in Tributary E range from approximately 40 to 80 feet. Soils within
tributary E are dominated by bedrock, boulders, and gravelly loam underlain by clay loam.
Tributary E within the off-site study area totals approximately 0.13 acre of USACE/RWQCB
jurisdictional waters, of which 0.07 acre are wetland, and approximately 0.26 acre of CDFW
jurisdictional streambed and riparian vegetation.
Trees
Figure 5.4-3,Regulated Trees, a total of 323 trees were counted, recorded, and assessed within the project
development footprint and off-site areas of the project site. Of these, a total of 228 trees on-site were
inventoried within the 65.2 acre development footprint (of which one tree is within the 0.05-acre storm
drain outlet footprint and 28 trees are within the 0.71-acre associated temparary 100-foot construction
buffer) with 74 trees within the 2.01 acre off-site area. [Please see Figure 5.4-7, Impacts to Sensitive
Plants Species,for the limits of grading(i.e., development footprint).]
Sensitive Natural Communities/Habitat
Due to its ability to support"Identified Species", coastal sage scrub is a community that is covered under
the NCCP/HCP. The project site includes 2.4 acres of coastal sage scrub. In addition, the project site
supports two sensitive riparian communities pursuant to the California Natural Diversity Database
(CNDDB), including 15.4 acres (14.6 acres on-site and 1.13 acres off-site) of southern cottonwood-
willow riparian forest and 0.5 acre (all on-site) of an isolated patch of black willow scrub/ruderal. Figure
5.4-4,Sensitive Natural Communities shows the location of the sensitive natural communities.
Sensitive Plant Species
Figure 5.4-5, Sensitive Plant Species, illustrates the Sensitive Plant Species on the proposed project site.
Sensitive plants include those listed, or candidates for listing, by the United States Fish and Wildlife
Service (USFWS) and California Department of Fish and Wildlife (CDFW); and, species considered
sensitive by the California Native Plant Society(CNPS) Many of the sensitive species addressed are also
"Identified Species" under the NCCP/HCP and are considered covered species. Several sensitive plant
species were reported in the CNDDB from the vicinity. Due to its ability to support"Identified Species",
coastal sage scrub is a community that is covered under the NCCP/HCP. The project site includes 2.4
acres of coastal sage scrub. In addition, the project site supports 14.6 acres of southern cottonwood-
willow riparian forest, which is a sensitive plant community considered sensitive by the CNDDB. Two
sensitive plant species have been reported within the project site: southern California black walnut and
southern tarplant. A discussion of sensitive plant species is presented in Table 5.4-3, Sensitive Plant
Species.
City of Orange-Draft EIR—May 2013 Page 5.4-13
Rio Santiago Project SCH No. 2009051072
5.4 Biological Resources
On-Site
The following plant species have been documented within the CNDDD to occur within the region. >--
However, these species were not observed on-site and they are not expected to occur on the project site
due to lack of suitable habitat on the project site for these species. or because the project site is outside of
the known range or elevation for these species: Tecate cypress (Cupressus forbesii), Malibu baccharis
(Baccharis maibuensis), aphanisma (Aphanisma blitoides), big-leaved crownbeard (Verbesina dissita),
Parish's brittlescale (Atriplex parishii), Davidson's saltscale (Atriplex sernana var. davidsonii), estuary
seablite (Suaeda esteroa), Santa Monica Mountains dudleya (Dudleya cymosa ssp. ovatifola), Laguna
Beach dudleya (Dudleya stolonifera), Nuttall's scrub oak (Quercus dumosa), heart-leaved pitcher sage
(Lepechinia cardiophylla), salt spring checkerbloom (Abronia villosa var. aurita), Santa Ana River
woollystar (Eriastrum densifolium ssp. sanctorum), prostrate vernal pool navarretia (Navarretia
prostrata), San Fernando Valley spineflower (Chorizanthe parryi var.fernandina), coast woolly-heads
(Nemacaulis denudata var. denudata), small-flowered mountain mahogany (Cercocarpus minut�orus),
salt marsh bird's-beak (Cordylanthus maritimus ssp. maritimus), and Catalina mariposa lily (Calochortus
catalinae).
Focused sensitive plant surveys for Coulter's matilija poppy, foothill mariposa lily, chaparral sand
verbena, Braunton's milk-vetch, Coulter's saltbush, South Coast saltscale, thread-leaved brodiaea,
Plummer's mariposa lily, southern tarplant, long-spined spineflower, many-stemmed dudleya, Los
Angeles sunflower, Coulter's goldfields, mud nama, Southern California black walnut, Gambel's water
cress, Peninsular nolina, Allen's pentachaeta, white rabbit-tobacco, chaparral ragwort, and San
Bernardino aster were conducted in May and August in 2010 and 2012. Sensitive plant species observed
within the proposed project include southern California black walnut and southern tarplant, as shown in
Figure 5.4-5,Sensitive Plant Species and discussed in further detail below.
Southern California Black Walnut
Southern California black walnut is a CNPS List 4.2 species ["Watch List" plants of limited distribution;
fairly endangered in California(20-80% occurrences threatened)]. A total of 70 southern California black
walnuts occur within the southern cottonwood-willow riparian forest and undifferentiated open woodland
communities within the northwestern portion of the proposed project.
Southern Tarplant
Southern tarplant is a CNPS List 1B.1 species [Plants Rare, Threatened, or Endangered in California and
elsewhere; seriously endangered in California (over 80% of occurrences threatened/high degree and
immediacy of threat)]. Approximately 48,417 southern tarplant individuals� were observed within
� Southem tarplant individuals were counted on-site. For areas with large clusters of soutUem tarplant which were too dense to count,the southern tarplant areas
were mapped with a GPS hand-held unit and approximate numbers of southern tarplants within tliose azeas were extrapolated based on counts taken from several
representative 1 meter-by-1 meter sample plots of varying densities(sparse,medium,and dense).
Page 5.4-14 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.4 Biological Resources
disturbed habitat in the central portion of the project site and disturbed habitat within the southern portion
of the proposed project during the focused sensitive plant surveys conducted in 2010.z
Off-Site
Those species mentioned as not expected to occur on-site are also not expected to occur off-site due to
lack of suitable habitat or because the project site is outside of the known range or elevation for those
species.
Of those species listed with potential to occur on-site, the following do not have potential to occur within
the off-site area due to the lack of suitable habitat: foothill mariposa lily, chaparral sand verbena,
Braunton's milk-vetch, Coulter's saltbush, South Coast saltscale, thread-leaved brodiaea, Plummer's
mariposa lily, long-spined spineflower, many-stemmed dudleya, Peninsular nolina, Allen's pentachaeta,
chaparral ragwort, and San Bernardino aster. The following species have potential to occur within the
off-site area; their federal, state, and/or California Native Plant Society (CNPS) listing status is also
provided: southern tarplant (CNPS List 1B.1), Los Angeles sunflower (CNPS List lA), Southern
California black walnut (CNPS List 4.2), Coulter's goldfields (CNPS List 1B.1), mud nama (CNPS List
2.2), Gambel's water cress(federally endangered, state threatened, CNPS List 1 B.1),white rabbit-tobacco
(CNPS List 2.2), and Coulter's matilija poppy (CNPS List 4.2). No southern California black walnuts
were observed during the tree inventory of the off-site area.
Sensitive Wildlife Species
Sensitive wildlife include those species listed as Endangered or Threatened under the Federal Endangered
Species Act (FESA) or California Endangered Species Act (CESA), candidates for listing by the U.S.
Fish and Wildlife Service (USFWS) or CDFW, and species of special concern to the CDFW. A number
of sensitive wildlife species known to occur in the region were reported in the CNDDB. Many of the
sensitive species addressed are also included as "Identified Species" and are covered under the
NCCP/HCP. In addition, a few species were included in the table of sensitive wildlife presented below
that have no Federal or State status, but that were included in the NCCP/HCP. These "Target Species"
are included and analyzed in this document to provide a comprehensive list of species regardless of their
Federal or State status. Six sensitive wildlife species or NCCP/HCP species which were observed on-site
include white-tailed kite (Elanus leucurus), yellow-breasted chat (Icteria virens), coastal California
gnatcatcher, least Bell's vireo, willow flycatcher (Empidonax traillii), and coyote (Canis latrans). A
discussion of each sensitive wildlife species potentially present within the project site is presented in
Table 5.4-4,Sensitive Wildlife Species.
Z It should be noted,as referenced in Section 222 PDF BIO-]0,the southern ta lant o ulations on-site have been reserved b the ro ect a licant. As a
( ) �P P P P Y P J PP
conservation measure to preserve the southem tarplant on-site,the project applicant salvaged the southern tarplant seed. The southern tarplant seed wili be
relocated and transpian[ed on-and/or off-site within[he open space areas to be avoided and preserved. Because this conservation measure to salvage southern
tarplant seed was already implemented in order to prevent loss of the on-site population of this sensitive species due to current on-site activities,no impacts to
southern tarplant associated with the implementation of the proposed project are anticipated,and therefore are not analyzed fiuther in this document.
City of Orange-Draft EIR—May 2013 Page 5.4-15
Rio Santiago Project SCH No. 2009051072
5.4 Biological Resources
O�-Site
The following wildlife species have been documented to occur within the region, but are not expected to --
occur due to lack of suitable habitat, the determination that they are not present on site, or because the
project site is outside of the known range for these species: San Diego fairy shrimp (Branchinecta
sandiegonensis), Riverside fairy shrimp (Str^eptocephalus woottoni), Quino checkerspot butterfly
(Euphydryas editha quino), Santa Ana sucker (Catostomus santaanae), Santa Ana speckled dace
(Rhinichthys osculus ssp. 3), western spadefoot (Spea hammondii), black-bellied slender salamander
(Batrachoseps nigriventris), northern leopard frog (Rana pipiens), coastal rosy boa (Charina trivirgata
roseofusca), ring-necked snake (Diadophis punctatus), two-striped garter snake (Thamnophis
hammondii), western pond turtle (Actinemys marmorata), golden eagle (Aquila chrysaetos), western
yellow-billed cuckoo (Coccyzus americanus occidentalis), western snowy plover (Charadrius
alexandrinus nivosus), grasshopper sparrow (Ammodramus savannarum), Belding's savannah sparrow
(Passerculus sandwichensis beldingi), California least tern (Sternula antillarum browni), tri-colored
blackbird (Agelaius tricolor), cactus wren (Campylorhynchus brunneicapillus), California black rail
(Laterallus jamaicensis), light-footed clapper rail (Rallus longirostris levipes), pocketed free-tailed bat
(Nyctinomops femorosaccus), big free-tailed bat (Nyctinomops macrotis), Mexican long-tongued bat
(Choeronycteris mexicana), southern California saltmarsh shrew (Sorex ornatus salicornicus), Pacific
pocket mouse (Perognathus longimembris pacificus), southern grasshopper mouse (Onychomys torridus
ramona), and American badger(Taxidea taxus).
Sensitive wildlife species or NCCP/HCP species with potential to occur on-site include: arboreal
salamander (Aneides lugubris), coast range newt (Taricha torosa torosa), coast patch-nosed snake
(Salvadora hexalepis virgultea), red-diamond rattlesnake (Crotalus ruber), coast horned lizard
(Phrynosoma coronatum), Coronado skink (Eumeces skiltonainus interparietalis), orange-throated
whiptail (Cnemidophorus hyperythrus), western mastiff bat (Eumops perotis californicus), San Diego
black-tailed jackrabbit (Lepus californicus bennettii), coastal (western) whiptail (Cnemidophorus tigris
stejnegeri), sharp-shinned hawk (Accipiter striatus), rough-legged hawk (Buteo lagopus), red-shouldered
hawk (Buteo lineatus), northern harrier (Circus cyaneus), burrowing owl (Athene cunicularia), Southern
California rufous-crowned sparrow (Aimophila rufzceps canescens), prairie falcon (Falco mexicanus),
American peregrine falcon (Falco peregrinus anatum), loggerhead shrike (Lanius ludovicianus), long-
eared owl (Asio otus), pallid bat (Antrozous pallidus), northwestern San Diego pocket mouse
(Chaetodipus fallax falla�c), San Diego desert woodrat (Neotoma lepida intermedia), and gray fox
(Urocyon cinereoargenteus).
Due to the presence of suitable habitat, focused surveys were conducted far arroyo toad, burrowing owl,
coastal California gnatcatcher, least Bell's vireo, and southwestern willow flycatcher, and are discussed in
further detail below.
Arrovo Toad
The arroyo toad is a Federal Endangered (FE) species and a Species of Special Concern (SSC). Focused
surveys for this species were conducted by MBA in 2008 (MBA 2008b) and PCR in 2010 (PCR 2010a).
Page 5.4-16 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.4 Biological Resources
No arroyo toads were found on-site. Due to the negative results of these focused surveys, this species is
not expected to occur on-site.
Burrowinp Owl
The burrowing owl is a SSC species. Focused surveys were conducted for this species by PCR in 2012
(PCR 2012a). No burrowing owl were observed during focused surveys and, due to the negative results
of focused surveys, are not expected to occur within the project site.
Coastal California Gnatcatcher
The coastal California gnatcatcher is a Federal Threatened (FT) and SSC species. This species is also a
"Target Species" of the NCCP/HCP. Focused surveys were conducted for this species by MBA in 2008
(MBA 2008b) and PCR in 2010 and 2012 (PCR 2010b and 2012b). No coastal California gnatcatchers
were observed on-site during any of the focused surveys. However, an incidental sighting of one
dispersing coastal California gnatcatcher was observed on August 3, 2010 during a focused sensitive plant
survey conducted by PCR biologists. The location of the sighting is depicted on Figure 5-4.6, Sensitive
Wildlife Species. Because habitat where the coastal California gnatcatcher was seen was disturbed/ruderal
(and not coastal sage scrub), and since results of the focused breeding season surveys were negative (for
both 2008 and 2010), it is believed this individual observed was likely a juvenile dispersing through the
project site. Furthermore, coastal California gnatcatcher is a covered species with implementation of the
NCCP/HCP.
Least Bell's Vireo
The least Bell's vireo is a Federal Endangered (FE) and State Endangered (SE) species. The least Bell's
vireo is conditionally covered under the NCCP/HCP. Focused surveys were conducted for this species by
MBA in 2008 (MBA 2008b) and PCR in 2010 and 2012 (PCR 2010c and 2012c). Least Bell's vireo was
observed within the project site during focused surveys in 2008 and 2010; none were observed during the
2012 survey. During the 2010 surveys conducted by PCR, a pair of least Bell's vireo was observed
within the canopy of the southern cottonwood-willow riparian forest during the May 16, 2010 survey.
Only the male least Bell's vireo was seen or heard during subsequent surveys (on May 26; June 5, 16;
July 17, and 27, 2010). The location of least Bell's vireo territory on-site which was delineated by MBA
(MBA 2008b) is shown in Figure 5-4.6, Sensitive Wildlife Species. However, due to the presence of least
Bell's vireo within the southern cottonwood-willow-riparian forest located within the project site, the
entire extent of the southern cottonwood-willow riparian forest has been evaluated as potential habitat for
this species, as depicted in Figure 5-4.6,Sensitive Wildlife Species.
Southwestern Willow Flycatcher
The southwestern willow flycatcher is a FE and SE species. The southwestern willow flycatcher is
conditionally covered under the NCCP/HCP. Focused surveys were conducted for this species by MBA
in 2008 (MBA 2008b) and PCR in 2010 and 2012 (PCR 2010d and 2012d). No southwestern willow
flycatchers were observed on-site during focused surveys. However, willow flycatchers were observed
during the 2012 survey, as shown in Figure 5.4-6, Sensitive Wildlife Species. Two willow flycatchers
City of Orange-Draft EIR—May 2013 Page 5.4-17
Rio Santiago Project SCH No. 2009051072
5.4 Biological Resources
were observed foraging and calling in the trees that border the fallow field in the eastern portion of the
project site. The habitat that these willow flycatchers were observed within is considered unsuitable as
potential nesting habitat; therefore, it is assumed that both birds were migrants passing through the area,
and are not the southwestern willow flycatcher subspecies. In addition, one willow flycatcher was also
observed calling in two locations within the north central portion of the project site. The habitat that this
willow flycatcher was observed in is considered suitable for nesting; however, no breeding willow
flycatchers were observed during the focused surveys.
Off Site
Those species mentioned as not expected to occur on-site are also not expected to occur off-site due to
lack of suitable habitat or because the project site is outside of the known range for those species.
Of those species listed with potential to occur on-site, the following do not have potential to occur within
the off-site area due to the lack of suitable habitat: arboreal salamander, Coronado skink, coast patch-
nosed snake, red-diamond rattlesnake, coast horned lizard, orange-throated whiptail, coastal (western)
whiptail, Southern California rufous-crowned sparrow, long-eared owl, burrowing owl, northern harrier,
prairie falcon, loggerhead shrike, western mastiff bat, pallid bat, northwestern San Diego pocket mouse,
San Diego black-tailed jackrabbit, and San Diego desert woodrat. The following have potential to occur
within the off-site area; their federal and/or state listing status is also provided: coast range newt(Species
of Special Concern), sharp-shinned hawk (Watch List), rough-legged hawk (NCCP/HCP Identified
Species, no listing status), red-shouldered hawk(NCCP/HCP Identified Species, no listing status), white-
tailed kite (Fully Protected), American peregrine falcon (Fully Protected), willow flycatcher (State �
Endangered), southwestern willow flycatcher (Federally and State Endangered), yellow-breasted chat
(Species of Special Concern), coastal California gnatcatcher (Federally Threatened), least Bell's vireo
(Federally and State Endangered), arroyo toad (Federally Endangered, Species of Special Concern),
coyote (NCCP/HCP Identified Species, no listing status), and gray fox (NCCP/HCP Identified Species,
no listing status).
Page 5.4-18 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
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5.4 Biological Resources
5.4.3 Regulatory Setting
Protected sensitive species are classified by either Federal or State resource management agencies, or
both, as threatened or endangered under provisions of the Federal and State Endangered Species Acts.
The following provides a discussion of Federal Protection Classifications, State of California Protection
Classifications, California Native Plant Society, Natural Community Conservation Plan (NCCP), City
Tree Ordinance and General Plan Goals and Polices.
Federal Protection Classifications
The Federal Endangered Species Act of 1973 (FESA) defines an endangered species as "any species
which is in danger of extinction throughout all or a significant portion of its range." A threatened species
is defined as "any species which is likely to become an endangered species within the foreseeable future
throughout all ar a significant portion of its range." Under provisions of Section 9(a)(1)(B) of the FESA,
unless properly permitted, it is unlawful to "take" any listed species. "Take" is defined in Section 3(18)
of FESA: "... harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to
engage in any such conduct." Further, the USFWS, through regulation, has interpreted the terms "harm"
and "harass"to include certain types of habitat modification as forms of"take." These interpretations are
generally considered and applied on a case-by-case basis and often vary from species to species.
In a case where a property owner seeks permission from a Federal agency for an action which could affect
a Federally-listed plant and animal species, the property owner and agency are required to consult with
USFWS to obtain appropriate permits. Section 9(a)(2)(b) of the FESA addresses the protections afforded
to listed plants.
All references to Federally protected species in this report include the most current published status to
which each species has been assigned by USFWS.
State
California's Endangered Species Act (CESA) defines an endangered species as "... a native species or
subspecies of a bird, mammal, fish, amphibian, reptile, or plant which is in serious danger of becoming
extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of
habitat, change in habitat, overexploitation, predation, competition, or disease." The State defines a
threatened species as "a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant
that, although not presently threatened with extinction, is likely to become an endangered species in the
foreseeable future in the absence of the special protection and management efforts required by this
chapter. Any animal determined by the commission as rare on or before January 1, 1985 is a threatened
species." Candidate species are defined as "... a native species or subspecies of a bird, mammal, fish,
amphibian, reptile, or plant that the commission has formally noticed as being under review by the
department for addition to either the list of endangered species or the list of threatened species, or a
species for which the commission has published a notice of proposed regulation to add the species to
either list."
City of Orange-Draft EIR—May 2013 Page 5.4-41
Rio Santiago Project SCH No. 2009051072
5.4 Biological Resources
Candidate species may be afforded temporary protection as though they were already listed as threatened
or endangered at the discretion of the Fish and Game Commission. Unlike the FESA, CESA does not
include listing provisions for invertebrate species.
Article 3, Sections 2080 through 2085, of the CESA addresses the taking of threatened or endangered
species by stating "no person shall import into this State, export out of this State, or take, possess,
purchase, or sell within this State, any species, or any part or product thereof, that the Commission
determines to be an endangered species or a threatened species, or attempt any of those acts, except as
otherwise provided."
Under the CESA, "take" is defined as "hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue,
catch, capture, or kill." Exceptions authorized by the State to allow"take" require permits or memoranda
of understanding and can be authorized for"endangered species, threatened species, or candidate species
far scientific, educational, or management purposes." Sections 1901 and 1913 of the California Fish and
Game Code provide that notification is required by an initiator prior to disturbance.
Additionally, some sensitive mammals and birds are protected by the State as Fully Protected Mammals
or Fully Protected Birds, as described in the California Fish and Game Code, Sections 4700 and 3511,
respectively.
California Species of Special Concern are species designated as vulnerable to extinction due to declining
population levels, limited ranges, and/or continuing threats. This list is primarily a working document for
the CDFW's CNDDB project. Informally listed taxa are not protected per se, but warrant consideration in
the preparation of biotic assessments. For some species, the CNDDB is only concerned with specific
portions of the life history, such as roosts, rookeries, or nest sites.
California Native Plant Society
The California Native Plant Society (CNPS) is a private plant conservation organization dedicated to the
monitoring and protection of sensitive species in California. CNPS has compiled an inventory of the
CNPS Lists and Threat Codes comprised of the information focusing on geographic distribution and
qualitative characterization of rare, threatened, ar endangered vascular plant species of California (CNPS
2001). The list, which includes five categories of rarity, serves as the candidate list for listing as
threatened and endangered by CDFW.
Sensitive species that occur or potentially could occur within the project site are based on one or more of
the following: (1)the direct observation of the species within the project site during one of the biological
surveys; (2) a record reported in the CNDDB; and, (3) the location of the project site is within known
distribution of a species and contains appropriate habitat.
Page 5.4-42 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.4 Biological Resources
Local
Centra//Coastal Natural Community Conservation Plan and Habitat Conservation P/an
The project site is within the central subregion of the County of Orange CentraUCoastal Subregion
NCCP/HCP. The NCCP/HCP was reviewed and approved by the USFWS and CDFW in 1996 to address
protection and management of coastal sage scrub habitat and coastal sage scrub-obligate species, as well
as other covered habitats and species, and mitigate anticipated impacts on those habitats and species on a
programmatic, subregional level rather than on a project-by-project, single-species basis. A habitat
reserve in excess of 37,000 acres was established for the protection of coastal sage scrub, other upland
habitats, the coastal California gnatcatcher, and the other primarily coastal sage scrub-dependent species
identified in the NCCP/HCP. Specifically, the NCCP/HCP, the USFWS, and the CDFW authorized take
of 39 identified species of plants and wildlife (including covered and conditionally covered species).
Further, the NCCP/HCP contains requirements for adaptive management, interim management, and
funding management for the reserve as well as procedures and minimization measures related to the take
of identified species and habitat. Thus, the NCCP/HCP provides for the protection and management of a
broad range of plant and wildlife populations while providing certainty to the public and affected
landowners with respect to the location of future development and open space in the subregion.
The NCCP/HCP provides for the protection of a number of plant and animal species, referred to as Target
Species and Identified Species. There are also identified NCCP/HCP species that have conditional
regulatory coverage under the NCCP/HCP referred to as conditionally covered Identified Species. The
conservation and management of these species is provided for under the NCCP. A development activity
authorized under the NCCP/HCP necessarily includes protection of these species and also means that no
further action under CESA or FESA is required for the approved activity should any of the Target or
Identified Species be subsequently listed as endangered or threatened under either of these Acts. As a
consequence,Target and Identified Species are considered sensitive.
City of Orange Tree Policy
The City Tree Preservation Ordinance under Section 1232.110 Subdivisions or Grading Plan states the
following tree policy:
In the case of a subdivision, or grading plan,the grading plan shall show the location of each tree
proposed to be removed. If the City approves the subdivision map, or grading permit, the
Director of Community Services may, in his/her discretion, relieve the applicant of any necessity
to apply far a separate permit for tree removaL In cases which the Director constitutes a permit to
remove the trees designated on the subdivision map ar grading plan subject to any conditions
which the Director may attach to the issuance of the permit.
Genera/Plan Goa/s and Po/icies
The City of Orange General Plan has Goals and Polices related to biological resources. Please refer to
Section 5.10,Land Use for all goals and polices and the proposed project's consistency analysis.
City of Orange-Draft EIR—May 2013 Page 5.4-43
Rio Santiago Project SCH No. 2009051072
5.4 Biological Resources
5.4.4 Significance Thresholds
The following thresholds of significance have been established for the evaluation of the proposed
project's potential biology impacts consistent with Appendix G of the State CEQA Guidelines,
regulations of CDFW and the USFWS, and thresholds set forth by the City:
Threshold BIO-A Would the project have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a candidate, sensitive, or
special status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Wildlife or U.S.Fish and Wildlife Service?
Threshold BIO-B Would the project have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in local or regional plans, policies,
or regulations or by the California Department of Fish and Wildlife or U.S. Fish
and Wildlife Service?
Threshold BIO-C Would the project have a substantial adverse effect on Federally protected
wetlands as identified by Section 404 of the Clean Water Act (including, but not
limited to marsh, vernal pool, coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
Threshold BIO-D Would the project interfere substantially with the movement of any native
resident ar migratory fish or wildlife species or with established native resident "`M"
or migratory corridors,or impede the use of native wildlife nursery sites?
Threshold BIO-E Would the project conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or ordinance?
Threshold BIO-F Would the project conflict with the provision of an adopted Habit Conservation
Plan, Natural Community Conservation Plan, or other approved local, regional,
or State habitat conservation plan?
5.4.5 Evaluation of Potential Project Impacts
This section will evaluate whether the proposed project would potentially have a substantial adverse
effect on biological resources. This evaluation assumes that the project will be implemented consistent
with the Project Description, including all Project Design Features(PDF's)
Project Design Features
All Project Design Features(PDF's)associated with biological resources are noted below in Table 5.15-5,
Project Design Features & Biological Resources Impact Comparison. The table identifies the PDF's
related to each CEQA threshold. The checkmark indicates that the PDF reduces, eliminates, and/or
avoids impacts associated with the related threshold. Refer to the threshold analysis for specific details. _
Page 5.4-44 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
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5.4 Biological Resources
Effects on Species
Threshold BIO-A Would the project have a substantial adverse effect, either directly or through �
habitat modifications, on any species identified as a candidate,sensitive, or special
status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
[CEQA Biological Resources Threshold 4(a)]
Sensitive Plant Species
Implementation of the proposed project would result in the direct removal of numerous common plant
species within the proposed project. A list of plant species observed within the project site is included in
Appendix C, Biological Resource Assessment. Common plant species present within the project site
occur in large numbers throughout the region and their removal does not meet the significance thresholds.
Therefare, impacts to common plant species would be considered a less than significant impact and no
mitigation measures would be required.
Many of the sensitive plant species discussed in above in Table 5.4-4, Sensitive Wildlife Species have
occurrences documented within the region, but these species were not observed on-site and are not
expected to occur within the project site due to the lack of suitable habitat or because the project site is
outside of the known range or elevation for these species. These species include Tecate cypress, Malibu
baccharis, aphanisma, Parish's brittlescale, Davidson's saltscale, estuary seablite, Santa Monica
Mountains dudleya, Laguna Beach dudleya, Nuttall's scrub oak, heart-leaved pitcher sage, salt spring
checkerbloom, Santa Ana River woollystar, prostrate vernal pool navarretia, San Fernando Valley
spineflower, coast woolly-heads, small-flowered mountain mahogany, salt marsh bird's-beak, and
Catalina mariposa lily. Therefore, no impacts would occur to these sensitive plant species and no
mitigation measures would be required.
On-Site
Focused sensitive plant surveys were conducted in May and August in 2010 and 2012 by PCR to
determine the presence/absence of sensitive plant species with potential to occur on-site. These species
include foothill mariposa lily, chaparral sand verbena, Braunton's milk-vetch, Coulter's saltbush,
Coulter's matilija poppy, South Coast saltscale, thread-leaved brodiaea, Plummer's mariposa lily,
southern tarplant, long-spined spineflower, many-stemmed dudleya, Los Angeles sunflower, Coulter's
goldfields, mud nama, Gambel's water cress, prostrate vernal pool navarretia, Peninsular nolina, Allen's
pentachaeta, white rabbit-tobacco, chaparral ragwort, Salt Spring checkerbloom, and San Bernardino
aster.
Two sensitive plant species were observed within the project site during focused sensitive plant surveys.
These species are the southern California black walnut and southern tarplant. Potential impacts to the
southern California black walnut is discussed below. The Conservation Measure applied to preserve
southern tarplant is detailed in PDF BIO-10 and below. No other sensitive plant species were observed
on-site during focused surveys. Therefore, no impacts would occur to these sensitive plant species and no
mitigation measures would be required.
Page 5.4-50 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.4 Biological Resources
Southern Ca/ifornia Black Walnut
A total of 70 southern California black walnuts occur within the southern cottonwood-willow riparian
farest and undifferentiated open woodland communities within the northwestern portion of the project
site. This area will be avoided by the proposed project, as shown in Figure 5.4-7, Impacts to Sensitive
Plant Species. Therefore, no impacts to the southern California black walnuts would occur and no
mitigation measures would be required.
Southern Tarplant
A sensitive plant survey for southern tarplant was conducted by PCR in May 2010 to confirm the
presence and verify the abundance of the previously recorded southern tarplant on-site. As shown in PDF
BIO-10, approximately 48,417 southern tarplant (Centromadia parryi ssp. australis) individuals were
observed within disturbed habitat within the central portion of the project site and disturbed habitat within
the southern portion of the project site during the focused sensitive plant surveys conducted in 2010.
Prior to the implementation of the proposed project,the southern tarplant populations on-that would have
been impacted by current on-site activities were preserved by the project applicant. As a conservation
measure to preserve the southern tarplant, the project applicant voluntarily salvaged the southern tarplant
seed (PDF BIO-10). PCR consulted with CDFG representative Meredith Osborne (October 12, 2010) for
guidance and was advised to collect seed and topsoil. Approximately 48,417 southern tarplant seed and
topsoil were collected on October 13, 2010 and on October 27, 2010 by PCR biologists. The southern
tarplant seed was sent to Ranch Santa Ana Botanic Garden (RSABG) for processing and storage for
eventual on-site repopulation. The southern tarplant seed will be relocated and transplanted on-site and/or
_ off-site within the open space areas to be avoided and preserved. According to PDF BIO-10, half of the
seed collected will be broadcast at the appropriate time of year and monitored by a qualified biologist at
the end of the growing season. If comparable numbers of southern tarplant occur, the conservation
measure will be considered to be a success. If comparable numbers of southern tarplant do not occur,the
remainder of the southern tarplant seed collected will be broadcast the following year at the appropriate
time of year. The voluntary salvage of southern tarplant seed was conducted as a conservation measure to
preserve the southern tarplant population , and the salvage of the southern tarplant is not considered an
impact associated with the proposed project The activities is not a part of the proposed project.
Therefore, a less than significant impact would occur and no mitigation measures are required.
Off-Site
Of those species listed with potential to occur on-site, the following do not have potential to occur within
the off-site area due to the lack of suitable habitat: foothill mariposa lily, chaparral sand verbena,
Braunton's milk-vetch, Coulter's saltbush, South Coast saltscale, thread-leaved brodiaea, Plummer's
mariposa lily, long-spined spineflower, many-stemmed dudleya, Peninsular nolina, Allen's pentachaeta,
chaparral ragwort,and San Bernardino aster.
The following species have potential to occur within the off-site area; their federal, state, and/or
California Native Plant Society (CNPS) listing status is also provided: southern tarplant (CNPS List
1B.1), Los Angeles sunflower (CNPS List lA), Southern California black walnut (CNPS List 4.2),
City of Orange-Draft EIR—May 2013 Page 5.4-51
Rio Santiago Project SCH No. 2009051072
5.4 Biological Resources
Coulter's goldfields (CNPS List 1 B.1), mud nama (CNPS List 2.2), Gambel's water cress (federally
endangered, state threatened, CNPS List 1B.1), white rabbit-tobacco (CNPS List 2.2), and Coulter's
matilija poppy (CNPS List 4.2). No Southern California black walnuts were observed during the tree
inventory of the off-site area.
Plant surveys conducted within the 0.66-acre portion of the total 2.01-acre off-site area were negative (the
0.66-acre portion was part of the 0.8-acre off-site area originally assessed with the on-site portion of the
project site). The remaining off-site area includes 0.37 acre of ornamental that is not considered suitable
habitat for sensitive species. Therefore, 0.98 acre of potentially suitable habitat for sensitive plant species
occurs within the off-site area. Of the plant species with potential to occur within the remaining 0.98 acre
of off-site area, seven were identified as sensitive including one species that is federally and state listed as
endangered and threatened,respectively. Specifically,this species is Gambel's water cress, and also has a
CNPS listing of 1B.1. The remaining six sensitive species have no federal or state listing status, but are
listed by CNPS, including one List lA species (Los Angeles sunflower), two List 1B.1 species (southern
tarplant and Coulter's goldfields),two List 2.2 species(mud nama and white rabbit-tobacco), and one List
4.2 species(Coulter's matilija poppy). Typically,plant species on Lists 1 and 2 are considered sensitive.
Based on the limited potential habitat present within the off-site area, and the absence of these species
within the on-site portion of the project site assessed under the Biological Resources Assessment, the
seven sensitive plant species identified above are considered to have a low potential to occur. It should be
noted that only two sensitive plant species were observed within the on-site portion of the project site,
namely southern tarplant and southern California black walnut. California black walnut was not observed
within the off-site area. Further analysis on impacts to each of the sensitive plant species with potential to
occur within the off-site area is provided below.
Southern Tarplant
None were observed in the disturbed/ruderal habitat within the off-site area, and none are expected within
the southern cottonwood-willow riparian forest due to the absence of this species within contiguous
habitat in the on-site portion. Therefore,this species is considered absent from the off-site area.
Los Anqeles Sunflower
This species prefers freshwater marsh, salt marsh, and coastal habitats, and usually occurs in wetlands but
occasionally in non-wetlands. Therefore, potentially suitable habitat for this species within the off-site
area is considered limited to a maximum 1.23-acre area, including 1.13 acres of southern cottonwood-
willow riparian forest habitat (encompassing the 0.14 acre of wetlands), and the 0.10 acre of rock
outcrop/cattail stand. However, the potential for this species to occur within the off-site area is
considered low. This is based on the absence of Los Angeles sunflower within the on-site portion of the
project site, including within suitable habitat contiguous to the off-site area. Even if present, a large
population of this species would not be expected in the off-site area based on the relatively small acreage
of potentially suitable habitat in comparison with adjacent contiguous areas of habitat. Furthermore, a
majority of the potential habitat(0.94 acre of the total 1.23 acres)would be associated within the thinning
Page 5.4-52 City of Orange-Draft E/R—May 2013
SCH No. 2009051072 Rio Santiago Project
5.4 Biological Resources
area of Fuel Modification Zones C and D(including 0.84 acre of the southern cottonwood-willow riparian
forest and the entire 0.10 acre of rock outcrop/cattail stand). As such, this would allow for continued
existence of this species. Thus, if present, any impacts to this species are not expected to threaten
regional populations and would be considered less than significant.
Coulter's Goldfields
This species prefers salt-marsh, playas, vernal pools, and coastal habitats, and usually occurs in wetlands
but occasionally in non-wetlands. Therefore, potentially suitable habitat for this species within the off-
site area is considered limited to a maximum 1.23-acre area, including 1.13 acres of southern cottonwood-
willow riparian forest habitat (encompassing the 0.14 acre of wetlands), and the 0.10 acre of rock
outcrop/cattail stand. However, the potential for this species to occur within the off-site area is
considered low. This is based on the absence of Coulter's goldfields within the on-site portion of the
project site, including within suitable habitat contiguous to the off-site area. Even if present, a large
population of this species would not be expected in the off-site area based on the relatively small acreage
of potentially suitable habitat in comparison with adjacent contiguous areas of habitat. Furthermore, a
large proportion of the potential habitat (0.94 acre of the total 1.23 acres) would be associated within the
thinning area of Fuel Modification Zones C and D (including 0.84 acre of the southern cottonwood-
willow riparian forest and the entire 0.10 acre of rock outcrop/cattail stand). As such, this would allow
for continued existence of this species. Thus, if present, any impacts to this species are not expected to
threaten regional populations and would be considered less than significant.
Mud Nama
This species prefers the muddy embankments of ponds, lakes and rivers. Therefore, potentially suitable
habitat for this species within the off-site area is considered limited to the 014 acre of wetlands within the
1.13 acres of southern cottonwood-willow riparian forest. However,the potential for this species to occur
within the off-site area is considered low. This is based on the absence of mud nama within the on-site
portion of the project site, including within suitable habitat contiguous to the off-site area. Even if
present, a large population of this species would not be expected in the off-site area based on the small
acreage of potentially suitable habitat. Thus, if present, any impacts to this species are not expected to
threaten regional populations and would be considered less than significant.
Gambel's Water Cress (Federally Endanqered, State Threatened
This species prefers marshes, swamps, and the borders of lakes. Therefore, potentially suitable habitat for
this species within the off-site area is considered limited to the 0.14 acre of wetlands within the 1.]3 acres
of southern cottonwood-willow riparian forest. However,the potential for this species to occur within the
off-site area is considered low. This is based on the absence of Gambel's water cress within the on-site
portion of the project site, including within suitable habitat contiguous to the off-site area. Even if
present, a large population of this species would not be expected in the off-site area based on the small
acreage of potentially suitable habitat. Thus, if present, any impacts to this species are not expected to
threaten regional populations and would be considered less than significant.
City of Orange-Draft EIR—May 2013 Page 5.4-53
Rio Santiago Project SCH No. 2009051072
5.4 Biological Resources
White Rabbit-Tobacco
This species prefers chaparral, cismontane woodland, coastal scrub, and riparian woodland habitat with
sandy/gravelly soil. Therefore, potentially suitable habitat for this species within the off-site area is �
considered limited to approximately 1.24 acres, including 0.11 acre of coast live oak woodland, <0.01
acre of ruderaUcoastal sage scrub, and 1.13 acre of southern cottonwood-willow riparian forest.
However, the potential for this species to occur within the off-site area is considered low. This is based
on the absence of white rabbit-tobacco within the on-site portion of the project site, including within
suitable habitat contiguous to the off-site area. Even if present, a large population of this species would
not be expected in the off-site area based on the relatively small acreage of potentially suitable habitat in
comparison with adjacent contiguous areas of habitat. Furthermare, a large proportion of the potential
habitat (0.86 acre of the total 1.24 acres) would be associated within the thinning area of Fuel
Modification Zones C and D (including 0.84 acre of the southern cottonwood-willow riparian forest, OA2
coast live oak woodland, and <0.01 acre of ruderal/coastal sage scrub). As such, this would allow for
continued existence of this species. Thus, if present, any impacts to this species are not expected to
threaten regional populations and would be considered less than significant.
Cou/ter's Matiliia Poppv
This species prefers dry washes and canyons. Therefore, potentially suitable habitat for this species
within the off-site area is considered limited to approximately 0.11 acre, including 0.11 acre of coast live
oak woodland and <0.01 acre of ruderal/coastal sage scrub. However, the potential for this species to
occur within the off-site area is considered low. This is based on the absence of Coulter's matilija poppy -
within the on-site portion of the project site, including within suitable habitat contiguous to the off-site �
area. Even if present, and based on the small acreage of potentially suitable habitat, a large population of
this species is not expected to occur within the off-site area. In addition, this species is a CNPS List 4.2
species, which is classified as a plant with limited distribution in California that is not susceptible to
threat, and is an "Identified Species" pursuant to the County of Orange Central/Coastal Subregion NCCP
(Natural Communities Conservation Plan)/HCP (Habitat Conservation Plan). Provisions within the
NCCP/HCP were implemented to allow for direct, indirect, and cumulative impacts to "Identified
Species,"regardless of the number or distribution of the species within the NCCP/HCP area. Surveys are
not required for"Identified Species" and mitigation is fully provided for by the NCCP/HCP. As such, if
present, any impacts to this species would be authorized pursuant to the NCCP/HCP and would be
considered less than significant.
Page 5.4-54 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
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5.4 Biological Resources
Sensitive Wildlife Species
The proposed project would result in the disruption and removal of habitat and the loss and displacement
of non-sensitive common wildlife species, resulting in a less diverse and less abundant local faunal
population. A list of wildlife species observed within the project site is included in Appendix C,
Biological Resource Assessment. Due to the limited amount of native habitat to be removed on-site and
the implementation of project design features (PDF BIO-1 through PDF BIO 9, PDF-11, and PDF 12)
that include the avoidance of the native plant communities within Santiago Creek on-site, these impacts
would not be expected to reduce the general wildlife populations below self-sustaining levels within the
region and impacts to non-sensitive wildlife species do not meet the significance thresholds. In addition,
the loss of approximately 69.7 acres of marginal foraging habitat (the majority of which is disturbed) for
non-sensitive raptor species that are not covered under the NCCP/HCP (e.g., Cooper's hawk and merlin)
is not expected to substantially affect these species to a point where their survival in the region is
threatened. These species are relatively mobile and are expected to locate additional foraging habitat
remaining in the region. Therefore, impacts to common wildlife species would be considered less than
significant impact and no mitigation measures would be required.
O�-Site
Several of the sensitive wildlife species discussed in the pages that preceded were not observed on-site
and would not occur within the project site due to the lack of suitable habitat or because the project site is
outside of the known range for these species. These species include: San Diego fairy shrimp, Riverside
fairy shrimp, Quino checkerspot butterfly, Santa Ana sucker, Santa Ana speckled dace, arroyo toad,
western spadefoot, black-bellied slender salamander, northern leopard frog, coastal rosy boa, ring-necked
snake, two-striped garter snake, western pond turtle, golden eagle, western yellow-billed cuckoo, willow
flycatcher, southwestern willow flycatcher, western snowy plover, grasshopper sparrow, Belding's
savannah sparrow, California least tern, tri-colored blackbird, cactus wren, Califarnia black rail, light-
footed clapper rail, pocketed free-tailed bat, big free-tailed bat, Mexican long-tongued bat, southern
California saltmarsh shrew, Pacific pocket mouse, southern grasshopper mouse, and American badger.
Due to the lack of suitable habitat on the project site, these species are not anticipated to occur now or in
the future. Therefore, no impacts to these sensitive wildlife species would occur and no mitigation
measures would be required.
Several additional sensitive wildlife species were observed or have at least a moderate potential to occur
within the project site. Sensitive wildlife species which were observed on-site include white-tailed kite,
yellow-breasted chat, coastal California gnatcatcher, least Bell's vireo, willow flycatcher, and coyote.
Additional sensitive wildlife species with potential to occur on-site include: arboreal salamander, coast
range newt, coast patch-nosed snake, red-diamond rattlesnake, coast horned lizard, Coronado skink,
orange-throated whiptail, western mastiff bat, San Diego black-tailed jackrabbit, coastal whiptail, sharp-
shinned hawk, rough-legged hawk, red-shouldered hawk, northern harrier, burrowing owl, Southern
California rufous-crowned sparrow, prairie falcon, American peregrine falcon, loggerhead shrike, long-
eared owl, pallid bat, northwestern San Diego pocket mouse, San Diego desert woodrat, and gray fox.
Page 5.4-56 City of Orange-Draft EIR—May 2013
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5.4 Biological Resources
Focused surveys were conducted by PCR for arroyo toad, burrowing owl, coastal California gnatcatcher,
least Bell's vireo, and southwestern willow flycatcher.
With the exception of coast patch-nosed snake, coast range newt, white-tailed kite, prairie falcon,
burrowing owl, least Bell's vireo, willow flycatcher, loggerhead shrike, yellow-breasted chat, long-eared
owl, western mastiff bat, pallid bat, San Diego black-tailed jackrabbit, and northwestern San Diego
pocket mouse, all the potentially present or observed species are covered species under the NCCP/HCP;
therefore, impacts to these species, if present, are considered less than significant and adequately
addressed through the implementation of the NCCP/HCP, and no focused surveys or mitigation measures
would be required. Prairie falcon and least Bell's vireo are conditionally covered and are discussed in
further detail below. Willow flycatcher is also discussed in further detail below.
Coast patch-nosed snake, coast range newt, loggerhead shrike, yellow-breasted chat, long-eared owl,
western mastiff bat, pallid bat, San Diego black-tailed jackrabbit, and northwestern San Diego pocket
mouse are considered SSC by the CDFW and do not carry a Federal or State listing as threatened or
endangered. The proposed project was designed to minimize impacts to Santiago Creek and the northern
portion of the project (a total of 0.05 acre of permanent impacts and 0.71 acre of temporary impacts,
which will be restared to pre-project conditions, will occur to southern cottonwood-willow riparian forest
for the installation of two storm drain outlets). The majority of the suitable habitat (e.g., southern
cottonwood-willow riparian forest, coastal sage scrub)which has potential to support these species will be
avoided and the availability of contiguous habitat within the project site will continue to provide
.-,:,��,
resources and foraging habitat for these species, if present; thus, the loss of individuals as a result of the
proposed project would not be expected to reduce regional population numbers. Therefore, impacts to
these sensitive wildlife species are considered adverse but less then significant and no mitigation
measures would be required.
Sensitive wildlife species with potential to occur or which were observed on-site that are covered ar
conditionally covered by the NCCP/HCP include the arroyo toad, burrowing owl, coastal California
gnatcatcher, prairie falcon, least Bell's vireo, and southwestern willow flycatcher. A discussion of
NCCP/HCP covered and conditionally covered species is provided below.
Arrovo Toad
The arroyo toad is a conditionally covered species and requires additional mitigation measures be
satisfied under the NCCP/HCP. The on-site habitat for this species is marginal, and no arroyo toad were
observed on-site during focused surveys conducted by MBA in 2008 (MBA 2008b) and PCR in 2010.
Therefore, no impacts to the arroyo toad would occur and no mitigation measures would be required.
Burrowinq Owl
The burrowing owl is a SSC species. Focused surveys were conducted for this species by PCR in 2012
(PCR 2012a). No burrowing owl were observed during focused survey and are not expected to occur
within the project site. Therefore, no impacts to the burrowing owl would occur and no mitigation
measures would be required.
City of Orange-Draft EIR—May 2013 Page 5.4-57
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5.4 Biotogical Resources
Coastal California Gnatcatcher
The coastal California gnatcatcher is a covered species under the NCCP/HCP. No coastal California
gnatcatcher were observed on-site during focused surveys conducted by MBA in 2008 (MBA 2008b)and
PCR in 2010 and 2012. The results of focused surveys for the coastal California gnatcatcher were
negative. However, an incidental sighting of one dispersing coastal California gnatcatcher was observed
on August 3, 2010. The habitat where the coastal California gnatcatcher was seen was disturbed/ruderal
and not coastal sage scrub. It is believe this individual observed was likely a juvenile dispersing through
the project site. Additionally, the coastal California gnatcatcher is a covered species with implementation
of the NCCP/HCP, and no impacts to coastal California gnatcatcher habitat (i.e., coastal sage scrub) will
occur with implementation of the proposed project. Therefore, no impacts will occur to the coastal
California gnatcatcher and no mitigation measures would be required.
Prairie Falcon
The prairie falcon is a conditionally covered species under the NCCP/HCP. However, this species is only
expected to utilize the project site for foraging. It is not anticipated that direct impacts to nesting sites
would occur due to the lack of suitable nesting habitat within the project site. No active nests or nesting
habitat for prairie falcon were identified within the project site or within one-half mile of the project site.
The project site is surrounded by residential development and no known suitable nesting habitat (i.e.,
sheltered ledge of a cliff, bluff, or rock outcrop) exists within a one half-mile radius of the project site.
Additionally, the prairie falcon is covered under the NCCP/HCP. Therefore, impacts to the prairie falcon
would be considered less than significant and no mitigation measures would be required.
Least Bell's Vireo
The least Bell's vireo is a conditionally covered species under the NCCP/HCP. The least Bell's vireo was
previously observed on-site by MBA in 2008 (MBA 2008b) and PCR in 2010. The proposed project
would impact habitat supporting the least Bell's vireo. A total of 0.05 acre of permanent impacts, and
0.71 acre of temporary impacts, will occur to southern cottonwood-willow riparian forest for the
installation of two storm drain outlets (refer to Figure 5.4-8, Impacts to Sensitive Wildlife Species). PDF
BIO-1 through PDF BIO-9 have been incorporated into the project to reduce or lessen this potential
impact. The project design avoids impacts to the maximum extent practicable. Any potential impacts to
the least Bell's vireo would be considered potentially significant.
Therefore, the following impact would have the potential to occur to least Bell's vireo and mitigation
measure is proposed:
Impact BIO-L• The proposed project would have the potential to result in impacts to least Bell's
vireo.
MM BIO-lA: Prior to the issuance of any grading permit for areas supporting least Bell's vireo
habitat (e.g., southern cottonwood-willow riparian forest, the project applicant
shall obtain Federal and State take autharizations via regulatory permits (i.e., a
CWA Section 404 permit issued by the USACE, discussed in further detail in
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5.4 Biological Resources
MM BIO-3 below) which will require that the USFWS be consulted as provided
for by Section 7 of the FESA(i.e. for the Federally-listed least Bell's vireo). The
Federal regulatory permits (i.e., CWA Section 404 permit issued by the USACE)
provides a "federal nexus" by which Section 7 consultation can occur. This
statute imposes the obligation on Federal agencies to ensure that their actions
(such as issuing federal CWA permits for this project) are not likely to jeopardize
the continued existence of a listed species or destroy or adversely modify its
designated critical habitat. This obligation is enforced through the procedural
requirement that agencies, such as the USACE, initiate consultation with USFWS
on any actions that may affect a threatened or endangered species. During the
FESA Section 7 consultation anticipated for this project, USFWS will gather all
relevant information concerning the proposed project and the potential project-
related impacts on the least Bell's vireo (i.e., the project applicant will submit a
species-specific Biological Assessment), prepare its opinion with respect to
whether the project is likely to jeopardize the continued existence of the species
(i.e., the USFWS will issue a Biological Opinion), and recommend
mitigation/conservation measures where appropriate. Additionally, the need for
State regulatory permits (i.e., Fish and Game Code Section 1602 Streambed
Alteration Agreement issued by the CDFW) will require a Consistency
Determination from the CDFW for the State-listed least Bell's vireo under
CESA.
In addition, the following best management practices (BMPs) will ensure that
indirect impacts will not occur to the least Bell's vireo within 300 feet of
occupied habitat as monitored by a certified biologist:
1. Construction limits in and around least Bell's vireo potential habitat shall
be delineated with flags and fencing prior to the initiation of any grading
or construction activities.
2. Prior to grading and construction a training program shall be developed
and implemented to inform all workers on the project about listed
species, sensitive habitats, and the importance of complying with
avoidance and minimization measures.
3. All construction work shall occur during the daylight hours. The
construction contractor shall limit all construction-related activities that
would result in high noise levels according to the construction hours
determined by the City.
4. During all excavation and grading on-site, the construction contractors
shall equip all construction equipment, fixed or mobile, with properly
operating and maintained mufflers, consistent with manufacturers'
standards to reduce construction equipment noise to the maximum extent
possible. The construction contractor shall place all stationary
construction equipment so that emitted noise is directed away from -
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5.4 Biological Resources
sensitive receptors (i.e., least Bell's vireo territory within Santiago
Creek)nearest the project site.
5. The construction contractor shall stage equipment in areas that will
create the greatest distance between construction-related noise sources
and noise sensitive receptors nearest the project site during all project
construction.
6. Noise from construction activities shall be limited to the extent possible
through the maximum use of technology available to reduce construction
equipment noise. Project-generated noise, both during construction and
after the development has been completed, shall be in compliance with
the requirements outlined in the City of Orange General Plan Noise
Element to ensure that noise levels that the riparian area is exposed to do
not exceed noise standards for residential areas.
7. The project shall be designed to minimize exterior night lighting while
remaining compliant with City of Orange ordinances related to street
lighting. Any necessary lighting (e.g., to light up equipment for security
measures), both during construction and after the development has been
completed, will be shielded or directed away from Santiago Creek and
are not to exceed 0.5 foot-candles. Monitoring by a qualified lighting
engineer (attained by the project applicant and subject to spot checking
by City Staf� shall be conducted as needed to verify light levels are
below 0.5 foot-candles required within identified, occupied least Bell's
vireo territories, both during construction and at the onset of operations.
If the 0.5 foot-candles requirement is exceeded, the lighting engineer
shall make operational changes and/or install a barrier to alleviate light
levels during the breeding season.
8. Two brown-headed cowbird traps shall be installed and maintained
within the general vicinity of the habitat for five years.
MM BIO-1B: The following shall be incorporated into the Biological Assessment as proposed
mitigation for potential impacts to least Bell's vireo, subject to USFWS and
CDFW approval:
1. On- and/or off-site restoration and/or enhancement of least Bell's vireo
habitat at a ratio no less than 3:1 for permanent grading impacts, and at a
ratio no less than 2:1 for thinning impacts for Fuel Modification Zones C and
D. 6 Requirements of the Fuel Modification Program will be written into the
Fuel Management Plan and CC&Rs to ensure the proper long-term
6 A mitigation ratio of 2:1 is proposed for the thinning impacts for Fuel Modification Zones C and D, since this area will
continue to provide habitat value for these species.
Page 5.4-60 City of Orange-Draft EIR—May 2013
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5.4 Biological Resources
management of Fuel Modification Zones C and D so that thinning areas are
not reduced greater than 50% and can still maintain habitat values and --..
functions. Off-site restoration and/ar enhancement may include the purchase
of mitigation credits at an agency-approved off-site mitigation bank
supporting least Bell's vireo.
MM BIO-1C: All construction, grading, and fuel modification activities(i.e.,thinning)will take
place outside of the least Bell's vireo breeding season (March 15 to September
15) to the greatest extent feasible. If any construction, grading, and fuel
modification activities are required during the breeding season, and pre-
construction surveys determine least Bell's vireo are present, activities may
continue in the presence of a biological monitor who will confirm the continued
absence of these species and stop work if the species return.
Additional measures to be taken for all construction activities within 300 feet of
potential least Bell's vireo habitat during the breeding season (March 15 to
September 15):
1. Pre-construction surveys shall be conducted within one week prior to
initiation of construction activities and all results forwarded to the
USFWS and CDFW. Focused surveys shall be conducted for least Bell's
vireo during construction activities.
2. If at any time least Bell's vireo are found to occur within 300 feet of
construction areas, the monitoring biologist shall inform the appropriate
construction supervisor to cease such work and should consult with the
USFWS and CDFW to determine if work shall commence or proceed
during the breeding season; and, if work may proceed, what specific
measures shall be taken to ensure least Bell's vireos are not affected.
3. Monitoring by a qualified acoustician shall be conducted as needed to
verify noise levels are below 60 dBA within identified, occupied least
Bell's vireo territories. If the 60 dBA level is exceeded, the acoustician
shall make operational changes and/or install a barrier to alleviate noise
levels during the breeding season.
4. Installation of any noise barriers and any other corrective actions taken to
mitigate noise during the construction period shall be communicated to
the USFWS and CDFW.
Mitigation Measure BIO-1, which involves breeding season avoidance, construction avoidance, and
operation measures related to least Bell's Vireo and willow flycatcher habitat, would reduce Impact BIO-
1 to a less than significant level.
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5.4 Biological Resources
Southern Willow Flvcatcher
The southwestern willow flycatcher is a conditionally covered species and requires additional mitigation
measures be satisfied under the NCCP/HCP. No southwestern willow flycatcher were observed on-site
during focused surveys conducted by MBA in 2008 (MBA 2008b) and PCR in 2010 and 2012 (PCR
2010d and 2012d). Therefore, no impacts to the southwestern willow flycatcher would occur and no
mitigation measures would be required.
Willow Flvcatcher
Willow flycatchers were observed during the 2012 survey. Two willow flycatchers were observed within
the black willow scrub/ruderal community that borders the fallow field in the eastern portion of the
project site. The habitat that these willow flycatchers were observed within is considered unsuitable as
potential nesting habitat; therefore, it is assumed that both birds were migrants passing through the area,
and are not the southwestern willow flycatcher subspecies. In addition, one willow flycatcher was
observed within southern cottonwood-willow riparian forest within the north central portion of the project
site. The habitat that this willow flycatcher was observed in is considered suitable for nesting; however,
no breeding willow flycatchers were observed during the focused surveys. The proposed project would
impact habitat suitable to support the willow flycatcher. A total of 0.5 acre of permanent impacts will
occur to black willow scrub/ruderal, and a total of 0.05 acre of permanent impacts and 0.71 acre of
temporary impacts will occur to southern cottonwood-willow riparian forest for the installation of two
storm drain outlets. However, because willow flycatchers are not expected to breed within the off-site
area, no direct impacts would occur to this species and no mitigation measures would be required.
Significant impacts to foraging habitat for this species are not anticipated for the following reasons:
• Although the black willow scrub/ruderal will be permanently removed, this isolated stand of
willows provides only a small, limited amount of foraging habitat far this species. The riparian
habitat within Santiago Creek which will be avoided by the proposed project will still be
available to provide a greater area of contiguous habitat for foraging opportunities.
� For the southern cottonwood-willow riparian forest which will be impacted with the installation
of two storm drain outlets,temporary impacts will be restored to pre-project conditions. The 0.05
acre of permanent impacts where the storm drain outlets will be mitigated for at an on-and/or off-
site location. Additionally,the storm drain outlet structures are not expected to exclude continued
use of the surrounding habitat for foraging should willow flycatcher occur within these areas.
Thus, impacts to potential willow flycatcher foraging habitat are not expected to threaten regional
populations of this species and would be considered less than significant, and no mitigation measures
would be required.
White-Tailed Kite
White-tailed kite was observed within the on-site portion of the project site during 2008 surveys. In
addition,this species has the potential to breed within the project site. Any potential impacts to the white-
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5.4 Biological Resources
tailed kite would be considered potentially significant. Therefore, mitigation to avoid any nesting birds
during the breeding season would be required in compliance with the California Fish and Game Code ,.�.�,
(Sections 3503.5 and 3511) and Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) (Please see Mitigation
Measure BIO-4).
O}'f=Site
Of those species listed with potential to occur on-site, the following do not have potential to occur within
the off-site area due to the lack of suitable habitat: arboreal salamander, Coronado skink, coast patch-
nosed snake, red-diamond rattlesnake, coast horned lizard, orange-throated whiptail, coastal (western)
whiptail, Southern California rufous-crowned sparrow, long-eared owl, burrowing owl, northern harrier,
prairie falcon, loggerhead shrike, western mastiff bat, pallid bat, northwestern San Diego pocket mouse,
San Diego black-tailed jackrabbit, and San Diego desert woodrat.
The following have potential to occur within the off-site area; their federal and/or state listing status is
also provided: coast range newt (Species of Special Concern), sharp-shinned hawk (Watch List), rough-
legged hawk (NCCP/HCP Identified Species, no listing status), red-shouldered hawk (NCCP/HCP
Identified Species, no listing status), white-tailed kite(Fully Protected), American peregrine falcon (Fully
Protected), willow flycatcher (State Endangered), southwestern willow flycatcher (Federally and State
Endangered), yellow-breasted chat (Species of Special Concern), coastal California gnatcatcher
(Federally Threatened), least Bell's vireo (Federally and State Endangered), arroyo toad (Federally
Endangered, Species of Special Concern), coyote (NCCP/HCP Identified Species, no listing status), and
gray fox(NCCP/HCP Identified Species, no listing status).
Of the wildlife species with potential to occur within the off-site area, ten were identified as sensitive
including five species that are federally and/or state listed as endangered or threatened. Specifically,
these species include the state endangered willow flycatcher, the federally and state endangered
southwestern willow flycatcher, the federally threatened coastal California gnatcatcher, the federally and
state endangered least Bell's vireo, and the federally endangered arroyo toad. The remaining five species
are not listed as endangered or threatened, but are considered Species of Special Concern, Watch List, or
Fully Protected species.
Due to the availability of surrounding habitat which can provide resources for these species, the small
area of grading impacts which will be revegetated with predominantly native plant species that can also
provide habitat, and fuel modification thinning which will leave canopy and understory intact for foraging
and cover, these species are expected to persist if present. Thus, impacts are not expected to threaten
regional populations of these species and would be considered less than significant. Further analysis on
impacts to each of the sensitive wildlife species with potential to occur within the off-site area is provided
below:
Willow Flvcatcher
This species was not observed during focused surveys conducted for southwestern willow flycatcher in
2008 and 2010 within the on-site portion of the project site. However, two willow flycatchers were
observed foraging on-site during focused surveys conducted in 2012,within an area considered unsuitable '
as potential nesting habitat. Therefore, it is assumed that both birds were migrants passing through the
City of Orange-Draft EIR—May 2013 Page 5.4-63
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5.4 Biological Resources
area, and are not the southwestern willow flycatcher subspecies. In addition, one willow flycatcher was
also observed calling in two locations within the north central on-site portion of the project site. The
habitat that this willow flycatcher was observed in is considered suitable for nesting; however, no
breeding willow flycatchers were observed during the focused surveys. Based on observations for the on-
site portion of the project site, there is a potential for migrant willow flycatchers to occur; however,
willow flycatchers are not expected to breed within the off-site area. Therefore direct impacts to this
species are not anticipated. In addition, the proposed impacts to the off-site area are not expected to
exclude continued use of the area for foraging. Foraging habitat will remain in the off-site area, including
native species that will be planted within the slope stabilization area, and thinning of native species in
Fuel Modification Zones C and D would continue to provide foraging habitat. Thus, impacts to potential
willow flycatcher foraging habitat are not expected to threaten regional populations of this species and
would be considered less than significant, and no mitigation measures would be required.
Southwestern Willow Flvcatcher
The southwestern willow flycatcher is a conditionally covered species and requires additional mitigation
measures under the NCCP/HCP. However, no southwestern willow flycatchers were observed on-site
during focused surveys conducted in 2008, 2010, and 2012. Based on this, southwestern willow
flycatchers are also not expected within the contiguous off-site area. Therefore, no impacts to the
southwestern willow flycatcher would occur and no mitigation measures would be required.
Coastal California Gnatcatcher
Focused surveys were conducted for this species within the on-site portion of the project site in 2008,
2010, and 2012, and none were observed. However, as previously mentioned above, an incidental
sighting of one dispersing coastal California gnatcatcher was observed on August 3, 2010 during a
focused sensitive plant survey conducted by PCR. Because habitat where the coastal California
gnatcatcher was seen was disturbed/ruderal (and not coastal sage scrub), and since results of the focused
breeding season surveys were negative (for 2008, 2010, and 2012), it is believed this individual observed
was likely a juvenile dispersing through the project site. Based on this, coastal California gnatcatcher is
not expected to occupy the off-site area. Additionally, the coastal California gnatcatcher is a covered
Identified Species under the NCCP/HCP. Therefore, impacts to this species, if present, are considered
less than significant and adequately addressed through the implementation of the NCCP/HCP and no
focused surveys or mitigation measures would be required.
Least Bell's Vireo
Least Bell's vireo was observed within the on-site portion of the project site during focused surveys
conducted in 2008 and 2010, including observations within southern cottonwood-willow riparian forest
habitat, and none were observed during the 2012 survey. Based on this, the 1.13 acres of southern
cottonwood-willow riparian forest habitat within the off-site area is considered potentially suitable least
Bell's vireo habitat. The least Be1Ps vireo is a conditionally covered species and requires additional
mitigation measures under the NCCP/HCP. The proposed project would impact 1.13 acres of potential
least Bell's vireo habitat in the off-site area, including 0.29 acre associated with grading for the slope
stabilization, and 0.84 acre for Fuel Modification Zones C and D. Any potential impacts to the least
Page 5.4-64 City of Orange-Draft EIR—May 2013
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5.4 Biological Resources
Bell's vireo would be considered potentially significant. As such, specific PDF's, previously mentioned
above, have been incorporated into the project to reduce or lessen potential impacts to this species. These
PDF's will also be adopted in the off-site area. Additional mitigation would also be required to reduce
impacts to less than significant(see MM BIO-1).
Arrovo Toad
Arroyo toad is a conditionally covered species and requires additional mitigation measures under the
NCCP/HCP. However, based on surveys conducted for the on-site portion of the project site, the on-site
habitat for this species is marginal, thus the likelihood of the species to be present is low. Based on this,
the contiguous habitat in the off-site area is also considered marginal,with a low potential for this species
to occur. Furthermore, this species was not observed during focused surveys conducted on-site in 2008
and 2010. Therefore, no impacts to arroyo toad would occur and no mitigation measures would be
required.
Coast Ranqe Newt
Due to the presence of potentially suitable habitat within Santiago Creek, this species has potential to
occur within the off-site area. However, the creek is disturbed and supports areas of swift moving water;
therefore,the likelihood of this species occurring is low. The proposed project was designed to minimize
impacts to the on-site portion of Santiago Creek and the northern portion of the project site, and the off-
site portion of the habitat will predominately be subject to thinning only within Fuel Modification Zones
C and D. Thus, the majority of the suitable habitat which has potential to support this species will be
avoided, and any loss of individuals as a result of the impacts to the off-site area would not expect to
reduce regional population numbers. Therefore, impacts to this species are considered adverse but less
then significant and no mitigation measures would be required.
Sharp-Shinned Hawk
Due to the presence of suitable foraging habitat,this species has potential to occur within the off-site area.
However, the potential to occur is considered low since none were observed during general surveys
conducted for the on-site portion of the project site. Also, due to the lack of suitable breeding habitat, this
species is not expected to utilize the off-site area for nesting. Even if present,the sharp-shinned hawk is a
covered Identified Species under the NCCP/HCP. Therefore, impacts to this species are considered less
than significant and adequately addressed through the implementation of the NCCP/HCP, and no focused
surveys or mitigation measures would be required.
White-Tailed Kite
White-tailed kite was observed within the on-site portion of the project site during 2008 surveys. In
addition, this species has the potential to breed within the project site, and thus the off-site area. Any
potential impacts to the white-tailed kite would be considered potentially significant. Therefore,
mitigation to avoid any nesting birds during the breeding season would be required in compliance with
the California Fish and Game Code (Sections 3503.5 and 3511) and Migratory Bird Treaty Act (16
U.S.C. 703 et seq.) (see MM BIO-4).
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5.4 Biological Resources
American Pereqrine Falcon
Due to the presence of suitable foraging habitat,this species has potential to occur within the off-site area.
However, the likelihood for the species to forage over the off-site area is considered low. Additionally,
due to the lack of suitable breeding habitat, this species is not expected to utilize the off-site area for
nesting. However, any potential impacts to American peregrine falcons would be considered potentially
significant. Therefore, mitigation to avoid any nesting birds during the breeding season would be
required in compliance with the California Fish and Game Code (Sections 3503.5 and 3511) and
Migratory Bird Treaty Act(16 U.S.C. 703 et seq.)(see MM BIO-4).
Yellow-Breasted Chat
Yellow-breasted chat was observed within the on-site portion of the project site during 2008, 2010, and
2012 surveys. The proposed project would impact 1.13 acres of potential habitat (southern cottonwood-
willow riparian forest) in the off-site area, including 0.29 acre associated with grading for the slope
stabilization, and 0.84 acre for Fuel Modification Zones C and D. Since this species requires a dense
understory, the off-site area is not anticipated to continue to support yellow-breasted chat for breeding,
but this species could potentially use the area for foraging. The proposed project was designed to
minimize impacts to the on-site portion of Santiago Creek and the northern portion of the project site.
Thus, since the majority of the suitable habitat which has potential to support this species will be avoided,
and contiguous habitat exists to the east of the off-site area within the Santiago Oaks Regional Park, any
loss of individuals as a result of the impacts to the off-site area would not expect to reduce regional
population numbers. Therefore, impacts to this species are considered less then significant and no
mitigation measures would be required.
Level of Significance
The proposed project, inclusive of Project Design Features and Mitigation Measure BIO-1, would have
less than significant impacts to sensitive wildlife species including impacts to least Bell's vireo.
Riparian Habitat or Sensitive Communities
Threshold BIO-B Would the project have a substantial adverse effect on any riparian habitat or other
sensitive natural community identified in local or regional plans, policies, or
regulations or by the California Department of Fish and Wildlife or U.S. Fish and
Wildlife Service?
[CEQA Biological Resources Threshold 4(b)]
Implementation of the proposed project would result in the removal of 0.1 acre (on-site temporarily) of
undifferentiated open woodland, 0.5 acre (0.4 acre on-site,0.9 acre off-site, and 0.02 off-site within Fuel
Modification Zones C and D) of coast live oak woodland0.10 acre (off-site within Fuel Modification
Zones C and D)of rock outcrop/cattail stand, 2.1 (1.8 acres on-site, 037 acre off-site, and 0.1 acre on-site
temporarily) of ornamental, 0.5 acre (all on-site) of eucalyptus woodland, 0.2 acre (less than 0.1 acre on-
site, 0.2 acre on-site temporarily)of ruderal/southern cottonwood-willow riparian forest, less than 0.1 acre
(off-site within Fuel Modification Zones C and D) of ruderal/coastal sage scrub, 0.2 acre (all on-site) of
ruderal, 15.7 acres (14.8 acres on-site, 0.30 acre off-site, less than 0.1 acre within Fuel Modification
Zones C and D, and 0.6 acre on-site temporarily) of disturbed/ruderal, 43.9 acres (43.2 acres on-site and
Page 5.4-66 City of Orange-Draft EIR—May 2013
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5.4 Biological Resources
0.7 acre on-site temporarily) of disturbed, and 8.4 acres (all on-site) of mined area (refer to Table 5.4-6,
Impacts to Natural Communities and Figure 5.4-9, Impacts to Natural Communities). None of these
natural communities represent sensitive natural communities (CDFW 2003) and their removal does not
meet the significance thresholds. Therefore impacts to these natural communities would be considered a
less than significant impact and no mitigation measures would be required.
The project site supports 2.4 acres of coastal sage scrub. The project will avoid impacts to coastal sage
scrub which is a natural community covered under the NCCP; therefore, no impacts would occur to the
coastal sage scrub communiTy, as shown in Figure 5.4-10,Impacts to Sensitive Natural Communities.
Table 5.4-6: Impacts to Natural Communities'
Fuel
Permanent Modification Temporary
Existin� Impacts Zones C 8� D Impacts Avoided
Plant Community (acres) (Acres)Z (acres) (acres) Acres)
Black Willow Scrub/Ruderal 0.5 0.5 0.0 0.0 0.0
Coast Live Oak Woodland 0.4(0.11) 0.4(0.09) (0.02) 0.0 0.0
Coastal Sage Scrub 2.4 0.0 0.0 0.0 2.4
Disturbed 44.4 43.2 0.0 0.7 0.5
Disturbed/Coastal Sage Scrub 0.8 0.0 0.0 0.0 0.8
Disturbed/Ruderal 28.8(0.3) 14.8(0.3) (<0.01) 0.6 13.4
Eucalyptus Woodland 13 0.5 0.0 0.0 0.8
Mined Area 8.4 8.4 0.0 0.0 0.0
Non-Native Grassland 2.9 0.0 0.0 0.0 2.9
Ornamental 3.6(0.37) 1.7(037) 0.0 0.1 1.8
Rock Outcrop/Cattail Stand OA(0.10) OA (0.10) 0.0 0.0
Ruderal 0.2 0.2 0.0 0.0 0.0
RuderaUCoastal Sage Scrub 0.0(<0.01) 0.0 (<0.01) 0.0 0.0
Ruderal/Southern Cottonwood- 0.3 <0.1 0.0 0.2 0.1
Wi11ow Riparian Forest
Southern Cottonwood-Willow 14.3 (1.13) <0.1 (0.29) (0.84) 0.5 13.8
Riparian Forest
Undifferentiated Open Woodland 1.4 0.0 0.0 0.1 13
Total 109.7(2.01) 69.7(1.05) (0.96) 2.2 37.8
The plant community is covered under the NCCP/HCP.
z Acreage in parentheses indicates off-site acreage.
Source: Appendix C,Biological Resource Assessment.
The CNDDB recognizes riparian communities as sensitive. The proposed project will impact two
sensitive riparian communities, including 1.63 acre (less than 0.1 acre on-site, 0.29 acre off-site, 0.84 acre
within Fuel Modification Zones C and D, and 0.5 acre on-site temporarily) of southern cottonwood -
willow riparian forest and 0.5 acre (all on-site) of an isolated patch of black willow scrub/ruderal. Any
impacts to sensitive riparian communities would be considered potentially significant. Therefore, the
following impact would have the potential to occur and mitigation measure is proposed:
City of Orange-Draft EIR-May 2013 Page 5.4-67
Rio Santiago Project SCH No. 2009051072
5.4 Biological Resources
Impact BIO-2: The proposed project would have the potential to result in impacts sensitive
riparian communities.
MM BIO-2: Pursuant to CDFW Section 1602, prior to the issuance of any grading permit in
the areas designated as sensitive riparian communities(e.g., southern cottonwood
- willow riparian forest or black willow scrub/ruderal on Figure 5.4-10, Impacts
to Sensitive Natural Communities), the project applicant shall demonstration to
the satisfaction of the City that either of the following have been or will be
accomplished:
1. On- and/or off-site restoration and/or enhancement of sensitive riparian
communities (e.g., southern cottonwood-willow riparian forest) at a ratio no
less than l:l for permanent impacts, and at a ratio no less than 0.5:1 for
thinning impacts for Fuel Modification Zones C and D.' Temporary impacts
will be restored to pre-project conditions (i.e., pre-project contours and
revegetate with native species, where appropriate). Off-site restoration
and/or enhancement at a ratio no less than 1:1 may include the purchase of
mitigation credits at an agency-approved off-site mitigation bank or in-lieu
fee program [e.g., Santa Ana Watershed Association(SAWA)].
2. On- and/or off-site restoration and/or enhancement of sensitive riparian
communities (e.g., black willow scrub/ruderal) at a ratio no less than 0.5:1
for permanent impacts.g Off-site restoration and/or enhancement at a ratio no
less than 0.5:1 may include the purchase of mitigation credits at an agency-
approved off-site mitigation bank or in-lieu fee program(e.g., SAWA).
If mitigation is to occur on-site and/or off-site (i.e., not an in-lieu fee program) a
mitigation and monitoring plan shall be prepared by a qualified biologist and the
Community Development Director or designated representative shall review and
approve the content. The plan shall focus on the creation of equivalent habitats
within disturbed habitat areas of the project site and/or off-site. In addition, the
plan shall provide details as to the implementation of the plan, maintenance, and
� Due to the amount of contiguous southern cottonwood-willow riparian forest habitat within this area, a minimum 1:1
mitigation ratio is proposed for permanent impacts since impacts associated with the installation of two storm drains will be
minimal (less than 0.1 acre) and it is anticipated that this sensitive natural communiry will persist immediately around the
storm drain structures without the structure disrupting the habitat functions of this community. Rather,the added storm drains
may provide additional hydrology to the system, which may benefit this sensitive natural community. Further, a minimum
0.5:1 mitigation ratio is proposed for fuel modification impacts since only thinning will occur and the majority of the native
canopy will persist,as well as some understory species.
$ A minimum 0.5:1 mitigation ratio is proposed for permanent impacts due to the ruderal, isolated nature of this disturbed
sensitive riparian community.
Page 5.4-68 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.4 Biological Resources
future monitoring. Mitigation for impacts to sensitive riparian communities shall
be accomplished by on- or off-site restoration and/or enhancement (e.g.,
transplantation, seeding, and/or planting/staking of sensitive riparian species;
salvage/dispersal of duff and seed bank; removal of large stands of giant reed
within riparian areas).
Mitigation Measure BIO-2, which involves a mitigation and monitoring plan for southern cottonwood —
willow riparian forest, would reduce Impact BIO-2 related to impacts southern cottonwood — willow
riparian forest to a less than significant level. Additionally, PDF BIO-11 requires that the backfilling
operation comply with all standard conditions related to biology resources.
Level of Significance
The proposed project, inclusive of Project Design Features and Mitigation Measure BIO-2, would have
less than significant impacts to sensitive plant species.
Federally Protected Wetlands
Threshold BIO-C Would the project have a substantial adverse effect on federally protected wetlands
as identified by Section 404 of the Clean Water Act (including, but not limited to
marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological
interruption,or other means?
[CEQA Biological Resources Threshold 4(c)]
The proposed project would result in impacts to approximately 790 linear feet and 0.31 acre (0.01 acre
permanent on- and off-site and 0.30 acre temporary on-site) of USACE/RWQCB "waters of the
U.S."/"waters of the State," of which less than 0.01 acre is wetland (all permanent off-site), and 1.24
acres (0.10 acre permanent on- and off-site, 0.43 acre fuel modification off-site, and 0.71 acre temporary
on-site) of CDFW jurisdictional streambed and associated riparian habitat (refer to Table 5.4-7, Impacts
to Jurisdictional Features and Figure 5.4-ll, Impacts to Jurisdictional Features). It should be noted that
permanent and temporary impacts associated with the installation of the storm drain outlets will avoid
wetland areas by exclusion fencing during construction. It should be noted that permanent and temporary
impacts associated with the installation of the storm drain outlets will avoid wetland areas by exclusion
fencing during construction; therefore, no wetlands will be impacted (permanently or tempararily) within
the on-site portion of the project site by the proposed project as shown on Figure 5.4-11, Impacts to
Jurisdictional Features and placed in exclusion fencing as defined in PDF BIO-2. Less than 0.01 acre of
wetland will be impacted within the off-site portion of the project site by the proposed project for
geotechnical slope stabilization. The majority of impacts to USACE/RWQCB jurisdiction(0.30 acre) and
CDFW jurisdiction on-site (0.71 acre) will occur as a result of the installation of two storm drain outlets
and will be temporary. The majority of impacts to CDFW jurisdiction off-site (0.43 acre) will occur as a
result of the thinning associated with Fuel Modification Zones C and D. The potential impacts to
jurisdictional waters would be considered potentially significant. Therefore, the following impact would
have the potential to occur and mitigation measure is proposed:
City of Orange-Draft EIR—May 2013 Page 5.4-69
Rio Santiago Project SCH No. 2009051072
5.4 Biological Resources
Impact BIO-3: The proposed project would have the potential to result in impacts to
jurisdictional features.
:��
MM BIO-3: Prior to the issuance of any grading permit for permanent impacts in the areas
designated as jurisdictional features on Figure 5.4-11, Impacts to Jurisdictional
Features, the project applicant shall obtain a CWA Section 404 permit from the
USACE, a CWA Section 401 permit from the RWQCB, and Streambed
Alteration Agreement permit under Section 1602 of the California Fish and
Game Code from the CDFW. The following would be incorporated into the
permitting, subject to approval by the regulatory agencies:
1. On- and/or off-site restoration and/or replacement of USACE/RWQCB
jurisdictional "waters of the U.S."/"waters of the State" at a ratio no less than
2:1 for permanent impacts, and for temporary impacts, restore impact area to
pre-project conditions (i.e., pre-project contours and revegetate with native
species, where appropriate). Off-site restoration and/or enhancement at a
ratio no less than 2:1 may include the purchase of mitigation credits at an
agency-approved off-site mitigation bank or in-lieu fee program (e.g.
SAWA).
2. On- and/or off-site restoration and/or enhancement of CDFW jurisdictional
streambed and associated riparian habitat at a ratio no less than 2:1 for
permanent impacts, and for temporary impacts, restore impact area to pre-
project conditions (i.e., pre-project contours and revegetate with native
species, where appropriate). Off-site restoration and/or enhancement at a
ratio no less than 2:1 may include the purchase of mitigation credits at an
agency-approved off-site mitigation bank or in-lieu fee program (e.g.
SAWA).
Mitigation Measure BIO-3, related to jurisdiction features, would reduce Impact BIO-3 related to
jurisdiction features to a less than significant level. Additionally, PDF BIO-13 and PDF BIO-14, require
the applicant comply with Sections 401 and 404 of the Federal Clean Water Act.
Level of Significance
The proposed project, inclusive of Project Design Features and Mitigation Measure BIO-3, would have
less than significant impacts to jurisdictional features and wetlands.
Page 5.4-70 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.4 Biological Resources
Table 5.4-7: Impacts to Jurisdictional Features
Im actArea acres
Existin Area Acres Permanent/m acts Permanent/m acts
USACE/ USACE/ USACE/ CDFW CDFW CDFW
RWQCBb RWQCBb RWQCBb (Permanent) (Fue! (TemporaryJ
Length USACE/ Length (Permanent) (Fuel (Temporary) Mod)
Feature (Feet) RWQCBb CDFW (feet Mod)
On-Site
Santiago 5,335 2.99(1.19) 13.46 360 <0.01 0.00 0.28 0.05 0.00 0.71
Creek
Tributary 68 <0.01 N/A` 0.00 0.00 0.00 N/A` N/A` N/A`
A
Tributary 48 0.01 N/A` 0.00 0.00 0.00 N/A` N/A° N/A`
B
Tributary 51 0.02 N/A` 51 0.00 0.00 0.02 N/A° N/A` N/A°
C
Tributary 184 0.03 0.16 0.00 0.00 0.00 0.00 0.00 0.00
D
On-Site 5,686 3.OS(1.19) 13.62 411 <0.01 0.00 0.30 O.OS 0.00 0.71
Subtotal
Off-Site
Santiago 147 0.16(0.07) 0.22 147 0.00 0.00 d 0.00 0.00 0.22 0.00
Creek
Tributary 232 0.13(0.07) 0.26 232 0.01 0.00 d 0.00 0.05 0.21 0.00
E (<0.01)
Off-Site 379 0.29(0.14) 0.48 379 O.OI(<0.01) 0.00`� 0.00 0.05 0.43 0.00
Subtotal
Total 6,065 3.34(1.33) 1410 790 �0 Ol) 0.00 d 0.30 0.10 0.43 0.71
° lurisdictional acreages over/ap and are not additive(e.g.,USACE acreages are included in the total R WQCB and CDFW jurisdictiona/acreagesJ. �
b Acreoges in parentheses represents the portion of USACE jurisdiction that meets the three-parameter definition of o wetland.
` Tributaries outlet within Santiago Geek and are[herefore encompassed by the extent of CDFW jurisdiction a/ready quantified for Santiago Creek.
° There will be no dischar e o ill to USACE RWQCB'urisdiction within Fuel Modi ication Zones C and D which re uire ve etation thinnin
9 ff� � / f 9 g g.
Source:Appendix C,Biological Resource Assessment.
City of Orange-Draft E/R-May 2013 Page 5.4-71
Rio Santiago Project SCH No. 2009051072
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5.4 Biological Resources
Wildlife Corridors and Nursery Sites
Threshold BIO-D Would the project interfere substantially with the movement of any native resident
or migratory fish or wildlife species or with established native resident or migratory
corridors, or impede the use of native wildlife nursery sites?
[CEQA Biological Resources Threshold 4(d)]
The habitat associated with Santiago Creek within the northern portion of the project site supports live-in
and movement habitat for species on a local scale as discussed in Existing Setting, Wildlife Movement in
preceding pages. This habitat likely functions to facilitate regional wildlife movement for a number of
species on a regional scale.
The proposed project was designed to avoid Santiago Geek and associated native habitat that is best
suited to support local and regional wildlife movement along the creek as demonstrated in PDF BIO-1
through PDF BIO-9. The natural communities within the project site provide habitat for wildlife which
can function to facilitate wildlife movement. Impacts to southern cottonwood - willow riparian forest
habitat within the wildlife corridor include 0.05 acre of permanent impact and 0.71 acre of temporary
impact from the installation of two storm drain outlets on-site. The 0.71 acre of temporary impact will be
revegetated to pre-project conditions, and due to the expansive habitat that Santiago Creek provides,these
temporary impacts are not expected to inhibit wildlife movement through the corridor. Within the off-site
area, impacts will occur to 1.13 acres of southern cottonwood-willow riparian forest and 0.10 acre of rock
outcrop/cattail stand that is associated with and adjacent to Santiago Creek and Tributary E. A total of
0.29 acre of southern cottonwood-willow riparian forest will be permanently impacted for geotechnical
slope stabilization; however, this area will be within Fuel Modification Zone B and will be replanted with
predominantly native plant species, which would function as habitat that wildlife could utilize. A total of
0.84 acre of southern cottonwood-willow riparian forest and the entire 0.10 acre of rock outcrop/cattail
stand will be within Fuel Modification Zones C and D; therefore impacts within these areas will be
limited to periodic vegetation thinning. Although periodic thinning would occur, Fuel Modification
Zones C and D would still support habitat that wildlife could utilize for foraging and cover, and an
impediment to wildlife movement through this area is not expected, including to the adjacent Santiago
Oaks Regional Park to the east. Additionally, to minimize the indirect impacts of edge effects by the
proposed project, a 100-foot limited use setback area (PDF BIO-4) will provide a buffer between the
development and the wildlife movement corridor.
Project includes a mitigation measure to address sensitive wildlife species (i.e., MM BIO-1 for least
Bell's vireo) and establishes development standards in the Specific Plan to reduce sensory stimuli (e.g.,
noise, light), which may deter wildlife from moving through an area, and to reduce the introduction of
unnatural predators(e.g., domestic cats and other non-native animals) and competitors(e.g., exotic plants,
non-native animals), which may inhibit the survival or movement of wildlife through the corridor (see
PDF BIO-6 requires the project applicant to develop the project with the standards on Table 5.4-8,
Biological Development Standards). Therefore, for species which utilize the habitat associated with
Page 5.4-76 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.4 Biological Resources
Santiago Creek, impacts to wildlife movement would be considered less than significant and no
mitigation measures would be required.
Table 5.4-8: Biological Development Standards
Topic Standard
The project has been designed to minimize night lighting while remaining
Lighting compliant with City ordinances related to street lighting. Any necessary
lighting adjacent to the open space areas of the project will be shielded or
directed away from conserved areas.
The project has been designed to comply with City ordinances related to noise.
Short-term construction-related noise impacts will be reduced by the
implementation of a number of ineasures including the following:
• All construction work shall occur during the daylight hours. The
construction contractor shall limit all construction-related activities that
would result in high noise levels accarding to the construction hours to be
determined by the City.
• During all excavation and grading on-site, the construction contractors
shall equip all construction equipment, fixed or mobile, with properly
operating and maintained mufflers, consistent with manufacturers'
standards to reduce construction equipment noise to the maximum extent
Noise possible. The construction contractor shall place all stationary
construction eyuipment so that emitted noise is directed away from
sensitive receptors.
• The construction contractar shall stage equipment in areas that will create
the greatest distance between construction-related noise sources and noise
sensitive receptors.
• Noise from construction activities shall be limited to the extent possibTe
through the maximum use of technology available to reduce construction
equipment noise. Project-generated noise, both during construction and
after the development has been completed, shall be in compliance with
the requirements outlined in the City of Orange General Plan Noise
Element.
To the maximum extent possible, native plants will be used in the landscape
Exotic Plant and plans for the common areas of the project adjacent to conserved areas. The
AnimalInfestations: plant palette will avoid the species listed in the California lnvasive Plant
Council's California lnvasive Plant Inventory(2006 and 2007).
As a part of the Covenants, Conditions, and Restrictions (CC&Rs), the
Educational Homeowners Association(HOA)will be responsible far providing educational
Materials: materials to the homeowners describing the sensitivity of the habitat areas.
Signage will be posted adjacent to riparian and conservation areas to alert the
public as to the sensitivity of the habitat.
Trail Locations: Public trails are designed outside of the sensitive habitat including riparian
areas to minimize trespassing. -
Source:PCR
City of Orange-Draft EIR—May 2013 Page 5.4-77
Rio Santiago Project SCH No. 2009051072
5.4 Biological Resources
The remainder of the project site may provide live-in and movement habitat for those species which are
adapted to urban environments. Although implementation of the proposed project would result in
disturbances to local wildlife movement within the project development footprint(Figure 5.4-10,Impacts
to Sensitive Natural Communities) of the project site, those species adapted to urban areas would be
expected to persist in the project site following construction.
Additionally, the NCCP/HCP Reserve System design incorporates habitat linkages to ensure connectivity
for wildlife movement. Under the NCCP/HCP Implementation Agreement (IA), it was determined that
the reserve design incorporated sufficient connectivity for purposes of wildlife movement. Accordingly,
impacts to regional movement are covered by the NCCP/HCP, and therefore do not require further
mitigation. Therefore, interruption of local movement as a result of the proposed project impacts to
wildlife movement or established wildlife corridors would be considered less than significant and no
mitigation measures would be required. In addition, although there are no known nursery sites present
within the project site, due to the habitat and resources that Santiago Creek provides, there is potential for
wildlife nurseries to occur within the creek. However, the proposed project is avoiding the majority of
Santiago Creek and there are no nursery sites within the project's impact footprint; therefore, the
proposed project would not impede the use of native wildlife nursery sites.
Migratory Species
The project site has the potential to support both raptor and songbird nests due to the presence of trees,
shrubs, and ground cover. Nesting activity typically occurs from February 15 to August 31 (January 15 to
August 31 for raptors. Disturbing or destroying active nests is a violation of the Migratory Bird Treaty
Act(16 U.S.C. 703 et seq.). In addition, nests and eggs are protected under Fish and Game Code Section
3503. The removal of vegetation during the breeding season is considered a potentially significant impact
of the proposed project. Any potential impacts to raptor and songbird nests would be considered
potentially significant. Therefore, the following impact would have the potential to occur and mitigation
measure is proposed:
Impact BIO-4: The proposed project would have the potential to impact raptor and songbird
nests.
MM BIO-4: Prior to the issuance of any grading permit that remove habitat containing raptor
and songbird nests, the project applicant shall demonstrate to the satisfaction of
the City that either of the following have been or will be accomplished.
1. Vegetation removal activities shall be scheduled outside the nesting season
(September 1 to February 14 for songbirds; September 1 to January 14 for
raptors)to avoid potential impacts to nesting birds.
2. Any construction activities that occur during the nesting season (February 15
to August 31 for songbirds; January 15 to August 31 for raptors) will require
that all suitable habitat be thoroughly surveyed for the presence of nesting
birds by a qualified biologist before commencement of clearing. If any
Page 5.4-78 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.4 Biological Resources
active nests are detected, a buffer of at least 300 feet (500 feet for raptors)
will be delineated, flagged, and avoided until the nesting cycle is complete,
or as determined appropriate by the biological monitor to minimize impacts. �
Mitigation Measure BIO-4 related to migratory and nesting birds, would reduce Impact BIO-4 related to
raptor and songbird nests to a less than significant level.
Level of Significance
The proposed project, inclusive of Project Design Features and Mitigation Measure BIO-4, would have
less than significant impacts related to interfering substantially with the movement of any native resident
or migratory fish or wildlife species or with established native resident or migratory corridors, or impede
the use of native wildlife nursery sites as the proposed project avoids impacts to Santiago Creek(with the
exception of 0.05 acre of permanent impact and 0.71 acre of temporary impact resulting from the
installation of storm drain outlets).
Policies and Ordinances
Threshold BIO-E Would the project conflict with any local policies or ordinances protecting
biological resources,such as a tree preservation policy or ordinance?
[CEQA Biological Resources Threshold 4(e)]
A total of 323 trees were surveyed within the project site, of which 302 trees are located within the
development footprint and off-site areas of the project site (and 21 will be avoided), as shown in Figure �
i
5.4-12, Impacts to Regulated Trees. Of the 228 trees on-site that will be impacted within the 71.9-acre
development footprint, 1 tree is within the 0.05-acre starm drain outlet footprint and 28 trees are within
the 0.71-acre associated temporary 100-foot construction buffer. Of the 74 trees within the 2.01-acre off-
site area that will be impacted, 26 trees will be removed and 48 trees are within Fuel Modification Zones
C and D and will be left in place but will be subject to thinning. Regulated trees are defined in the City's
Municipal Code, Title 12 Streets and Sidewalks and Public Places, Chapter 12.32, Tree Preservation
(Tree Preservation Ordinance). Any potential impacts to regulated trees are considered potentially
significant as defined by City Code. Therefare, the following impact would have the potential to occur
and mitigation measure is proposed:
Impact BIO-5: The proposed project would have the potential to impact regulated trees.
MM BIO-5: Prior to the issuance of any permits, the project applicant shall provide written
documentation to the satisfaction of the Community Development Director or
designee on the schedule for replacing 254 trees (Figure 5.4-12, Impacts to
Regulated Trees) on-site at a minimum 1:1 ratio.. Replacement of regulated trees
to be removed will be accomplished on-site and/or on public off-site lands at the
discretion of the City.
City of Orange-Draft EIR—May 2013 Page 5.4-79
Rio Santiago Project SCH No. 2009051072
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_ ..X: �
5.4 Biological Resources
Mitigation Measure BIO-5 related to regulated trees, would reduce Impact BIO-5 related to regulated
trees to a less than significant level.
Level of Significance
The proposed project, inclusive of Project Design Features and Mitigation Measures BIO-5, would have
less than significant impacts related to conflicting with any local policies or ardinances protecting
biological resources, including the Tree Preservation Ordinance.
Conservation Plan
Threshold BIO-F Would the project conflict with the provision of an adopted Habit Conservation
Plan, Natural Community Conservation Plan, or other approved local, regional, or
state habitat conservation plan?
[CEQA Biological Resources Threshold 4(fl]
The proposed project would not impact any natural communities that are considered to be coastal sage
scrub habitat regulated under the NCCP/HCP. Thus, no impacts on coastal sage scrub or coastal sage
scrub-obligate species would occur and no mitigation measures would be required. As discussed in
above, the least Bell's vireo is a conditionally covered species under the NCCP/HCP and implementation
of the PDF's(PDF BIO-15) and Mitigation Measure BIO-1 to address least Bell's vireo will contribute to
the long term conservation of the species and it's habitat. In addition, the proposed project does not
conflict with NCCP/HCP established reserve assembly ar wildlife corridors. Thus, the proposed project
is considered consistent with the goals and objectives of the NCCP/HCP. Mitigation Measure BIO-1,
which involve breeding season avoidance, construction avoidance, and operation measures related to least
Bell's Vireo, would reduce the proposed project impact to conservation plans to a less than significant
level.
Level of Significance
The proposed project, inclusive of Project Design Features and Mitigation Measure BIO-1, would have
less than significant impacts to conservation plans.
City of Orange-Draft EIR—May 2013 Page 5.4-81
Rio Santiago Project SCH No. 2009051072
5.4 Biological Resources
5.4.6 Evaluation Summary
Table 5.4-9, Evaluation Summary Table — Biological Resources, summarizes potentially significant
project impacts from this Draft EIR.
Table 5.4-9: Evaluation Summary Table—Biological Resources
Threshold Potential Impact Mitigation Measure Level of Significance
Effects on Species Impact BIO-1 MM BIO-1 Less than significant with mitigation
Riparian Habitat or Impact BIO-2 MM BIO-2 Less than significant with mitigation
Sensitive Communities
Federally Protected Impact BIO-3 MM BIO-3 Less than significant with mitigation
Wetlands
Wildlife Corridors and Impact BIO-4 MM BIO-4 Less than significant with mitigation
Nursery Sites
Polices and Ordinances Impact BIO-5 MM BIO-5 Less than significant with mitigation
Conservation Plan Impact BIO-1 MM BIO-1 Less than significant with mitigation
Page 5.4-82 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.5 Cultural Resources
5.5.1 Introduction
Purpose
The purpose of this section is to identify any existing cultural resources and potential impacts to these
resources from project implementation. This section also identifies mitigation measures, when necessary,
to reduce any potentially significant cultural resources impacts and describes the residual impact, if any,
after imposition of the mitigation.
Sources
The following sources were used in consideration and discussion of the potential environmental impacts:
• Addendum to a Phase I Cultural Resources Assessment and Paleontological Records Review Rio
Santiago Specific Plan Project, prepared by BCR Consulting, March 25, 2011, as provided in
Technical Appendix F, Cultural Resources and Paleontological Records Review, to this Draft
EIR.
• Native American Heritage Commission (NAHC) response, October 2008 and MBA information-
request letters to each tribal entity named by the NAHC on November 3, 2008, as provided in
Technical Appendix F, Cultural Resources and Paleontological Records Review to this Draft
EIR.
• Phase 1 Cultural Resources Assessment and Paleontological Records Review Rio Santiago
Specific Plan Project, prepared by Michael Brandman Associates (MBA), December 3, 2008, as
provided in Technical Appendix F, Cultural Resources and Paleontological Records Review, to
this Draft EIR.
• Updated Native American Consultation for the Rio Santiago Specific Plan Project, prepared by
BCR Consulting, May 12, 2011, as provided in Technical Appendix F, Cultural Resources and
Paleontological Records Review,to this Draft EIR.
5.5.2 Existing Environmental Setting
The project site is relatively flat. The elevation ranges from about 380 to 410 feet above mean sea level
(AMSL). The topography has been altered historically and significantly by human-related disturbances,
and the majority of the southern portion of the project site has been re-contoured due to previous sand and
gravel mining operations. The topography is presently being altered with the materials recycling
operation(i.e., asphalt and concrete crushing) and backfilling operation.
In March 2011,the City issued Grading Permit#2047 related to the backfill operation on the project site.
Table 17.32.020, Sand and Gravel District Use Regulations, of the Orange Municipal Code states that
backf'illing is a permitted use(P)in the S-G (Sand and Gravel)District. Figure 5-l.l,Planning Areas and
Materials Recycling and Bac�lling, show the Planning Area Boundaries in relation to the backfilling and
City of Orange-Draft EIR—May 2013 Page 5.5-1
Rio Santiago Project SCH No. 2009051072
5.5 Cultural Resources
material recycling operations. This approved, on-going backfill operation currently is separate and
distinct from the proposed project.
The project site is situated within an area that has been ethnographically mapped as a traditional use area
of the Gabrielino Tribe. The Gabrielino tribal territory is mapped as extending north from Aliso Creek to
just beyond Topanga Canyon along the Pacific Coast, and inland to the City of San Bernardino (Bean and
Smith 1978). Their territory included portions of the Santa Ana River, and several islands, such as Santa
Catalina. It is likely that these tribal boundaries were fluid, and allowed for contact, trade, and diffusion
of ideas between neighboring groups, such as the Juaneno Tribe to the south.
Cultural Resource Setting
Prehistory
Of the many chronological sequences theorized for Southern California, two primary regional syntheses
are commonly used for the Southern California region in the archaeological literature. The first primary
regional synthesis defines four cultural horizons, each with characteristic local variations: Early Man,
Milling Stone, Intermediate, and Late Prehistoric. The second primary regional synthesis uses an
ecological approach to chronology and defines five periods in Southern California prehistory: Lake
Mojave, Pinto, Gypsum, Saratoga Springs, and Protohistoric. With this approach, cultural continuity and
change are viewed in terms of the various significant environmental shifts. Many changes in settlement
patterns and subsistence focus are viewed as cultural adaptations to a changing environment, beginning
with: the gradual environmental warming in the late Pleistocene, the desiccation of the desert lakes during
the early Holocene, the short return to pluvial conditions during the middle Holocene, and the general
warming and drying trend,with periodic reversals,that continues to present day.
Ethnography
The project site is within the traditional cultural territory of the Gabrielino Native Americans. Gabrielino
territory once included: the watersheds of the San Gabriel and Santa Ana Rivers, the Los Angeles Basin,
and the coast from Aliso Creek at the south to Topanga Creek at the north, as well as the southern
Channel Islands.
History
The City incorporated in 1888. Over the first half of the twentieth century, the City grew steadily, from
1,216 residents in 1900 to approximately 10,000 in 1950.
Due to the Great Depression, in combination with a catastrophic freeze and flood in 1937-38, Orange
County experienced an economic decline that lasted until the beginning of World War II. With many
servicemen returning to California with their families after the war, Orange County experienced its largest
ever growth boom. The City grew from 3.8 square miles in 1952 to 8.3 square miles in 1960 and the
population more than doubled during this time. Most of the City's expansion has been to the north and
east of the original town site. The project site became part of the City through an annexation requested by
the then owner in 1985.
Page 5.5-2 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.5 Cultural Resources
Reco�ds Search and Lite�atu�e Review
Data from tbe South Central Coastal Information Center (SCCIC) indicated that a majority of the project
site has been previously surveyed, and portions exhibit numerous archaeological studies. Table 5.5-1,
Previously Recorded Cultural Resources indicates the results of the previous studies within one-mile of
the site and how they relate to the project site. The majority of the unexamined areas is urbanized and
was presumably developed prior to the more stringent cultural resource assessment requirements that
currently exist.
A�chaeo%gica/Fie/d Survey
A reconnaissance-level pedestrian field survey of the project site was conducted in October 2008 by
MBA. The project site was examined using a block-transect technique,with 10 to 15 meter spacing, were
appropriate. The survey of the project site indicated that a majority of the ground consists of previously
disturbed soils that have been subject to historic and significant sand and gravel mining operations, as
well as continuing processing and materials recycling activities (i.e., asphalt and concrete crushing). The
project site exhibited varied surface visibility, ranging from poor to good. Relatively minimal modern
refuse was noted throughout the project site, and was more prevalent in the northern portion, along the
northern boundary and in a vegetation-laden field in the southern-central portion. No prehistoric age
resources and only one potentially historic age foundation, and an adjacent asphalt and concrete lot were
detected.
Ae�ia/Photo Review
A historic era aerial photograph review indicated that the project site was part of an extensive sand and
gravel mining operation, which began in approximately 1919. This process removed sand and gravel
from alluvial deposits, and then processed the sediments in an open area located to the south of Santiago
Creek. In the southwestern corner of the project site, to the north of East Santiago Canyon Road, and at
the southern terminus of a windrow of eucalyptus trees, is a clearing with apparent structures. These
structures were situated between citrus groves, and appear to coincide with the location of a concrete
foundation and an asphalt and concrete lot recorded during the pedestrian survey as Site 001. Additional
citrus groves were located within the project site boundaries, to the north of Santiago Creek. These citrus
groves appear to have covered the recorded location of prehistoric age site CA-Ora-369, which was
detected during the cultural resources literature search at the SCCIC. Aerial photographs are included in
Appendix F, Cultural Resources and Paleontological Records Review of this document.
Paleontological Resource Setting
Geo%gic Setting
The project site is situated to the south of the Peralta Hills, north of the Tustin Foothills with Santiago
Creek trending east-west through the northern portion. Five soil mapping units are found within the
project site, including the Botella, Modjeska, and Soboba soils series, and two soil mapping units
associated with Pits and Riverwash land features. Previous geologic mapping indicates that the lowest
lying portions of the Santiago Creek drainage consist of younger Quaternary alluvium, while the majority
of the surrounding acreage has surficial deposits of older Quaternary terrace sediments. The exception is
City of Orange-Draft EIR—May 2013 Page 5.5-3
Rio Santiago Project SCH No. 2009051072
5.5 Cultural Resources
an area found on the north side of Santiago Creek that has exposures of undifferentiated deposits of the
Oligo-Miocene Sespe/Vaqueros Formations. These exposures have marine and non-marine components.
Pa/eonto%gy Setting
The project site is situated to the south of the Peralta Hills, north of the Tustin Foothills with Santiago
Creek trending east-west through the northern portion. Five soil mapping units are found on the project
site.
Reco�ds Search and Lite�atu�e Review
Available geological and paleontological literature was reviewed to determine the potential for
paleontological resources to occur in sedimentary deposits within the project site. The paleontological
review indicated that the lowest lying portions of the Santiago Creek drainage consist of younger
Quaternary alluvium, while the majority of the surrounding acreage has surficial deposits of older
Quaternary terrace sediments. The exception is an area found on the north side of Santiago Creek that has
exposures of undifferentiated deposits of the Oligo-Miocene Sespe/Vaqueros Formations. These
exposures have marine and non-marine components.
Younger Quaternary alluvial deposits do not typically contain fossil resources, and no localities are
known from such deposits or similar deposits nearby. In contrast, localities are known within the City
from older Quaternary deposits at depth, and numerous localities are known within the general vicinity, as
well as within the project area from the Sespe/Vaqueros Formations. The nearest locality from older
Quaternary deposits is LACM 4943. This locality is recorded between State Route 55 and the Santa Ana
River, near the intersection of Glassell Street and Fletcher Avenue. This locality yielded the fossilized
remains of a horse (Equus) at depths of about 8 to 10 feet from the modern ground surface. LACM 5449
is recorded in the northeastern portion of the project area from exposures of the Sespe/Vaqueros
Formations. This locality yielded the fossilized remains of an undetermined carnivore (Carnivora) and
camel (Camelidae). LACM 5450, 5451, and 6927 to 6930 are all known from the Sespe/Vaqueros
Formations, and are found near the project site boundaries. These localities have produced the fossil
remains of an undetermined camel, skunk,rabbit,horse,peccary, and oreodont.
Fie/d Survey
A reconnaissance-level pedestrian field survey of the project site was conducted in October 2008 by
MBA. The project site was examined using a block-transect technique, with 10 to 15 meter spacing,
where appropriate. The survey of the project site indicated that a majority of the ground consists of
previously disturbed soils that have been subject to historic era sand and gravel mining operations, as well
as materials recycling (i.e., asphalt and concrete crushing) and backfilling operations that continue today.
The project site exhibited varied surface visibility, ranging from poor to good. The soils observed in the
project site along the dirt access roads consisted of small gravels not more than 3 centimeters in diameter,
found within a light brown alluvium. Numerous rock inclusions were noted throughout, ranging in size
from pebbles to cobbles. Relatively minimal modern refuse was noted throughout the project area, and
was more prevalent in the northern portion, along the northern boundary and in a vegetation-laden field in
the southern-central portion.
Page 5.5-4 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.5 Cultural Resources
Table 5.5-1: Previously Recorded Cultural Resources
Within Within Within
Site Name Type 1 mile 0.5 mile 0.25 mile OnSite
radius radius radius
30-179872 Historic age-A single-family
Craftsman-style residence built in CA.
1940. This structure was found not • No
significant under CEQA through
evaluation by the recorder.
CA-Ora-1017 Prehistoric age-Artifact scatter
consisting of flakes,hammerstones,a • No
cho er,a metate and a core.
CA-Ora-1018 Prehistaric age-Artifact scatter
consisting of manos,metates,a • _ _ No
hammerstone and a ossible stone ball.
CA-Ora-1019 Prehistoric age-Artifact scatter
consisting of manos,metates, • No
hammerstones, flakes and a core.
CA-Ora-1020 Prehistoric age-Lithic scatter
containing approximately 10 to 15 • _ _ No
flakes.
CA-Ora-1273 Prehistoric age-Artifact scatter and a
rock ring. Noted artifacts include mano � No
fragments,metate fragments, cores and
flakes. Site was excavated in 1991.
CA-Ora-1172 Prehistoric age-Artifact scatter The site is mapped
consisting of flakes,hammerstones, at the South
manos,metates and a"donut stone". Central Coastal
Information Center
(SCCIC)as
potentially
� extending into the
— — eastern project area
boundary. The site
record does not
map the site
adjacent to the
present project area
boundar .
CA-Ora-369 Prehistoric age-Artifact scatter Yes. This resource
consisting of cores,shells and flakes. is mapped near the
— — — northern project
area bounda .
CA-Ora-702 Prehistoric age-A scraper,a mano and
a chopper found at the surface with _ • _ No
indications of subsurface com onent.
30-176770/ Historic age-NRHP listed properiy � No
NR-02001725 (Historic Pro erty)-Villa Park School. — —
30-160083/ Historic age-NRHP listed property
NR-83001212 (Historic Property)- Smith and Clark _ • _ No
Brothers Ranch.
Source: Appendix F, Cultural Resources and Paleontological Records Review.
City of Orange-Draft EIR—May 2013 Page 5.5-5
Rio Santiago Project SCH No. 2009051072
5.5 Cultural Resources
5.5.3 Regulatory Setting
Federal
Section 106 of the National Historic Preservation ACT (NHPA), as amended,requires Federal agencies to
consider the effects of proposed Federal undertakings on historic properties. NHPA's implementation
regulations require Federal agencies (and their designees, permitees, licenses, or grantees) to initiate
consultation with the State Historic Preservation Officer (SHPO) as part of the Section 106 review
process.
State
State Histo�ic P�eservation Programs
The State Office of Historic Preservation oversees four historic preservation programs:
• National Register of Historic Places,
• California Register of Historical Resources,
• California Historical Landmarks, and
• California Points of Historic Interest.
Each program has its own specific eligibility criteria, though historic resources often overlap on multiple
lists.
Native American Consultation
A Native American Consultation is required in conformance with the provisions of SB-18 due to the
proposed General Plan Amendment. This process was initiated by MBA on behalf of the City. The
NAHC response (October 2008) indicated that no sacred lands or traditional cultural properties are known
for the project area. MBA subsequently sent information-request letters to each tribal entity named by the
NAHC on November 3, 2008.
Local
Title 17.17 of the City's Municipal Code defines the criteria for establishing a historic district to preserve
landmarks and areas exemplary of architectural, archaeological, cultural, economic, social, and/or
historical value. In addition, under Title 17 of the Municipal Code, the City has defined "public interest
property" as "any property, privately owned or otherwise, whether developed or undeveloped, which has,
because of the presence of certain trees of historical value in such property, become property endowed
with a public interest." The applicable General Plan goals and polices related to cultural resources are
addressed in Section 5.10 Land Use and Planning.
5.5.4 Significance Thresholds
The following thresholds of significance have been established far the evaluation of the proposed
project's potential cultural and paleontological impacts consistent with Appendix G of the State CEQA
Guidelines:
Page 5.5-6 City of Orange-Draft E/R—May 2013
SCH No. 2009051072 Rio Santiago Project
5.5 Cultural Resources
Threshold CR-A Would the proposed project cause a substantial adverse change in the
significance of a historical resource as defined in Section 15064.5?
Threshold CR-B Would the proposed project cause a substantial adverse change in the
significance of an archaeological resource pursuant to Section 15064.5?
Threshold CR-C Would the proposed project directly or indirectly destroy a unique
paleontological resource or site or unique geologic feature?
Threshold CR-D Would the proposed project disturb any human remains, including those interred
outside of formal cemeteries?
5.5.5 Evaluation of Potential Project Impacts
This section will evaluate whether the proposed project would potentially have a substantial adverse
effect on cultural resources. This evaluation assumes that the project will be implemented consistent with
the Project Description, including all Project Design Features(PDF's).
Project Design Features
There are no PDF's associated with this environmental issue area.
Historical Resources
Threshold CR-A Would the proposed project cause a substantial adverse change in the significance
of a historical resource as defined in Section 15064.5?
[CEQA Public Services Threshold 5(a)]
Field Survey and Data Review
A pedestrian survey was conducted by Michael Brandman Associates (MBA) on October 9, 2008. The
survey indicated one potentially historic age foundation and an adjacent asphalt and concrete lot. Portions
of the concrete and asphalt lot may be of historic age, and were recorded in conjunction with the
foundation as Site 001. A DPR 523 Form was submitted for previously recorded resource CA-Ora-369 to
the State Department of Parks and Recreation (DPR). This resource could not be relocated during the
MBA surveys or during previous surveys. MBA noted that this was presumably due to the negligible
surface visibility at the mapped location and the collection of surface artifacts during a previous
subsurface testing program.
CA-Ora-369
The mapped location of CA-Ora-369 is in the northeastern quarter of the project site, to the north of
Santiago Creek. CA-Ora-369 was originally recorded on October 13, 1972 by A. Marquette and J.
Houser (Marquette and Houser 1972). CA-Ora-369 was relocated in 1976 by Drover (Drover 1976).
CA-Ora-369 was then surface collected and tested for the presence of subsurface artifact deposits in 1979
(APC 1979). Based upon the results of this subsurface testing program the site did not appear to be
significant. The mapped location of CA-Ora-369 is within the portion of the project site proposed as open
City of Orange-Draft EIR—May 2013 Page 5.5-7
Rio Santiago Project SCH No. 2009051072
5.5 Cultural Resources
space. Therefore, no impacts would occur, as its location would be avoided by the proposed project and
no mitigation measures would be required.
Level of Significance
The proposed project would have a less than significant impact to historical resources and no mitigation
measures would be required.
Archaeological Resources
Threshold CR-B Would the proposed project cause a substantial adverse change in the significance
of an archaeological resource pursuant to Section 15064.5?
[CEQA Public Services Threshold 5(b)]
The development of the proposed project could cause a substantial adverse change in the significance of
archaeological resources pursuant to Section 15064.5 of the CEQA Guidelines.
Field Survey and Data Review
The majority of the project site has been previously surveyed and portions exhibit numerous
archaeological studies according to SCCIC files. A study was conducted along East Santiago Canyon
Road and extended across the majority of the southern project site boundary (ARMC 1999). This study
returned negative results for cultural resources near the project site. Two studies have been conducted
that assessed Santiago Creek(Drover 1976 and ECOS 1985). The ECOS (1985) testing program did not
address resources within the project site. The Drover (1976) study detected one resource on the project
site (CA-Ora-369). McKenna et al. assessed a similar project site in 1999 (McKenna et al. 2000). The
McKenna et al. project site appears to have excluded a negligible amount of project site acreage in the
western-most and eastern-most extensions based upon mapped location at the SCCIC within their report.
A total of 36 studies have been conducted within a 1-mile radius of the project site. Despite the high
number of studies conducted, less than 50 percent of the acreage within the 1-mile radius of the project
site has been assessed for cultural resources. The majority of the unexamined areas are urbanized. It is
presumed that they were developed prior to current cultural resource assessment requirements. There are
11 known cultural resources within the 1-mile search radius. This includes eight prehistoric age and three
historic age resources. Two of the historic age resources are National Register Historic Places (NRHP)
listed properties located more than 0.25 mile from the project site.
CA-Ora-1172
The SCCIC records search indicated that CA-Ora-1172 a previously recorded prehistoric age resource is
located within the project site. CA-Ora-1172 is a prehistoric age artifact scatter mapped by the SCCIC as
potentially extending into the eastern portion of the project site. CA-Ora-1172 is located on a knoll to the
southeast of the project site boundaries (Hatheway and McKenna 1988). It does not appear that CA-Ora-
1172 would extend into the project site and no artifacts were observed near the eastern-most portion
during the MBA pedestrian survey. Therefore, no impacts would occur, as its location would be avoided
by the proposed project and no mitigation measures would be required.
Page 5.5-8 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.5 Culturel Resources
CA-Ora-369
As previously noted,the mapped location of CA-Ora-369 is within the portion of the project site proposed
as open space. Therefore, no impacts would occur, as its location would be avoided by the proposed
project and no mitigation measures would be required.
Native American Resources
Letters were sent to each of the 12 listed tribal contacts provided by NAHC to evaluate impacts to Native
American resources, twice for the proposed project site. BCR Consulting updated Native American
Consultation was done in May 2011. No letters were received from this consultation. MBA had
previously prepared a Native American Consultation. MBA received an emailed response from John
Tommy Rosas, Tribal Administrator for the Tongva Ancestral Territorial Tribal Nation, on November 3,
2008. Mr. Rosas asserted that development of the proposed project violated indigenous rights. He
stipulated the project location along Santiago Creek as located in an especially sensitive area. Further, he
noted the need for additional consultation efforts as required by law. He referenced Section 106 of the
NHPA and Senate Bill (SB) 18 (SB 18). He requested additional information on the proposed project.
MBA replied to this email and provided additional information. Additionally, MBA requested
information that could be included in the cultural resources assessment. No further correspondence has
been received from the Tongva Ancestral Territorial Tribal Nation or from Mr. Rosas. Additionally,
during the second NOP process the Tongva Ancestral Territorial Tribal Nation and Mr. Rosas were
contacted related to the revisions to the proposed project. No further correspondence has been received
from the Tongva Ancestral Territorial Tribal Nation or from Mr. Rosas. Therefore, no impacts were
identified as a result of the Native American Consultation process and no mitigation measures would be
required.
Local Regulations
Title 17.17 of the City's Municipal Code defines the criteria for establishing a historic district to preserve
landmarks and areas exemplary of architectural, archaeological, cultural, economic, social, and/or
historical value. In addition, under Title 17 of the Municipal Code, the City has defined "public interest
property" as "any property, privately owned or otherwise, whether developed or undeveloped, which has,
because of the presence of certain trees of historical value in such property, become property endowed
with a public interest." The project site does not meet the criteria for establishing a historic district.
Additionally, the project site is not a "public interest property" and does not contain "trees of historic
value." Therefore,no impacts would occur and no mitigation measures would be required.
The applicable General Plan goals and polices related to cultural resources are addressed in Section 5.11
Land Use and Planning.
Based on the above data, the potential for archaeological resources impacts would be considered high
within the project site. The potential for archaeological resources impacts would be hi�h within
undisturbed or minimally disturbed portions of the project site. The potential for archaeological resources
impacts would be significantly lower in areas that have been subject to histaric-era surface mining and
processing activities. The development of the proposed project would potentially have an impact on
City of Orange-Draft EIR—May 2013 Page 5.5-9
Rio Santiago Project SCH No. 2009051072
5.5 Cultural Resources
archaeological resources pursuant to Section 15064.5 of the CEQA Guidelines. Therefore, the following
impact would have the potential to occur and mitigation is proposed:
Impact CR-1: The development of the proposed project would potentially have an impact on
archaeological resources.
MM CR-1: Prior to the issuance of a grading or grubbing permit the project developer shall
have an archaeological resources mitigation-monitoring program, commencing
with a site visit. This site visit would allow the retained, qualified archaeologist
to examine the project area sediments in relation to the parameters of the
grading/excavation program as detailed in Mitigation Measures CR-2, CR-3, and
CR-4. All documentation shall be reviewed by the Community Development
Director (CDD) and grading permit issuance may not occur unless the CDD
approves the documentation.
MM CR-2: During all grading activities, full-time archaeological monitoring shall be
conducted throughout the entire project area, with the exception of the portions
that have been subject to historic-era surface mining operations. Full-time
monitoring shall continue until the project archaeologist determines that the
overall sensitivity of the project area has been reduced from high to low, as a
result of mitigation monitoring. Should the monitor determine that there are no
cultural resources within the impacted areas, or should the sensitivity be reduced
to low during monitoring, all monitoring may cease at the discretion of the
Community Development Director.
MM CR-3: Specifically, priar to issuance of the first preliminary or precise grading permit,
and for any subsequent permit involving excavation to increased depth, the
landowner ar subsequent Project Developer shall provide the City with evidence
that a qualified archaeologist has been retained by the landowner or subsequent
Project Developer, and that the consultant(s) will be present during all grading
and other significant ground disturbing activities.
MM CR-4: If any archeological artifacts are collected during construction monitoring, they
shall be identified, photographed, measured, and temporarily housed as
appropriate under the supervision of the project archaeologist at a laboratory or
facility maintained by the firm or group represented by the project archaeologist,
and as approved by the City. Any artifacts recovered shall be described far the
technical report to fully exhaust the artifact's data potential as it relates to
significance of the greater resource or site with which the artifact is associated,
per CEQA Guideline Section 15064.5. All collected artifacts shall be inventoried
and catalogued per curation requirements consistent with those of an established,
Page 5.5-10 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.5 Cultural Resources
accredited museum repository. The project archaeologist must have a written
repository agreement in hand prior to the initiation of mitigation activities.
Mitigation Measure CR-1 through CR-4 requires archaeological monitoring during all ground disturbing
activities, commencing with a site visit by a qualified archaeologist and the development crew.
Consistent with existing City procedures, monitoring may be reduced or eliminated based upon the
parameters of the development program based upon the review by City Staff, and at the discretion of the
qualified archaeologist. Monitoring is not required in the central portion of the project site which has
been adversely disturbed by historic era surface mining and on-going materials recycling(i.e., asphalt and
concrete crushing) and backfilling operations due to a decreased potential for yielding intact cultural
deposits.
City standard policies require developers to perform archaeological and paleontological surveys prior to
grading in areas known or suspected to contain archaeological and paleontological resources (Open Space
and Conservation Element, Policy 6.1). A qualified archaeologist shall have the authority to stop or
divert construction excavation as necessary pending an evaluation and disposition of any significant finds.
Implementation of Mitigation Measures CR-1 through CR-4 reduces Impact CR- 1 to a less than
significant level.
Level of Significance
The proposed project would have a less than significant impact related to archaeological resource with the
inclusion of Mitigation Measures CR-1 through CR-4.
Paleontological and Unique Geological Resources
Threshold CR-C Would the proposed project directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
[CEQA Public Services Threshold 5(c)]
The proposed project has the potential to cause impacts to significant paleontological resources. This
potential is considered low in the younger Quaternary deposits, and high for older Quaternary terrace
deposits at depth and for any exposures of the Sespe/Vaqueros Formations. The recent alluvial deposits
correspond to the younger Quaternary alluvium and the Pleistocene alluvium to the older Quaternary
terrace deposits. The exposures of the SespeNaqueros Formations are known to occur in the northeastern
corner of the project area, to the north of Santiago Creek. Their location has been documented by
previous paleontological assessments as outlined by McLeod(2008).
The potential for impacts to significant paleontological resources within the project area is considered
varied, ranging from low to high. This is based upon a low sensitivity designation within younger
Quaternary alluvium, and a high sensitivity designation in older Quaternary terrace deposits at depth and
any exposures of the Sespe/Vaqueros Formations. The high paleontological sensitivity of the
Sespe/Vaqueros Formations is demonstrated by the presence of a locality within the northeastern corner
City of Orange-Draft EIR—May 2013 Page 5.5-11
Rio Santiago Project SCH No. 2009051072
5.5 Cultural Resources
of the project area, and numerous localities nearby from these deposits. Therefore, the following impact
would have the potential to occur and mitigation is proposed:
Impact CR-2: The development of the proposed project could potentially cause a substantial
adverse change in a significant paleontological resource.
MM CR-5: Prior to issuance of a grading permit the project applicant shall demonstrate to
the satisfaction of the City that monitoring of excavation in areas identified as
likely to contain paleontological resources by a qualified paleontological
monitor, and based upon the results of a preliminary site assessment shall be
conducted by qualified paleontologist. As monitoring is occurring, areas of
concern include undisturbed older Quaternary terrace deposits and any and all
exposures of the Sespe/ Vaqueros Formations. Paleontological monitors shall be
equipped to salvage fossils, as they are unearthed, to avoid construction delays,
and to remove samples of sediments likely to contain the remains of small fossil
invertebrates and vertebrates. Monitors shall be empowered to temporarily halt
or divert equipment to allow removal of abundant or large specimens.
Monitoring may be reduced or eliminated, at the discretion of the Community
Development Director, if the potentially fossiliferous units described herein are
determined upon exposure and examination by qualified paleontologist to have
low potential to contain fossil resources, or if the parameters of the proposed
project will not impact potentially fossiliferous units. This decision is at the
discretion of the qualified paleontological monitor. If the monitaring program
results in positive findings,then refer to Mitigation Measure CR-6 to CR-8.
MM CR-6: If the monitoring program results in positive findings, the preparation of
recovered specimens to a point of identification and permanent preservation,
including washing of sediments to recover small invertebrates and vertebrates
shall occur by qualified paleontologist. Preparation and stabilization of all
recovered fossils are essential in order to fully mitigate adverse impacts to the
resources.
MM CR-7: If the monitoring program results in positive findings, identification and curation
of specimens into an established, accredited museum repository with permanent
retrievable paleontologic storage shall occur by qualified paleontologist. These
procedures are also essential steps in effective paleontological mitigation and
CEQA compliance. The paleontologist must have a written repository agreement
in hand prior to the initiation of mitigation activities. Mitigation of adverse
impacts to significant paleontological resources is not complete until such
curation into an established museum repository has been fully completed and
documented.
Page 5.5-12 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.5 Cultural Resources
MM CR-8: If the monitoring program results in positive findings, preparation of a report of
findings with an appended itemized inventory of specimens shall occur by
qualified paleontologist. The report and inventory, when submitted to the
appropriate Lead Agency along with confirmation of the curation of recovered
specimens into an established, accredited museum repository, will signify
completion of the program to mitigate impacts to paleontological resources.
Mitigation Measures CR-5 through CR-8 provides a mitigation-monitoring program during development.
This program would include a preliminary site assessment by a qualified paleontologist prior to ground
disturbing activities. The results of this preliminary assessment would assist in determining the intensity
and duration of monitoring, and may include full-time paleontologic monitoring during development.
Monitoring would be reduced or eliminated based upon the parameters of the development program, at
the discretion of the qualified paleontologist. Therefore, while the development of the proposed project
has the potential far Impact CR-2, the implementation of Mitigation Measures CR-5 through CR-8 would
reduce the impact to a less than significant level.
Level of Significance
The proposed proj ect would have a less than significant impact related to impacting a potential significant
(Impact CR-2)paleontological resource with the inclusion of Mitigation Measures CR-5 through CR-8.
Human Remains
Threshold CR-D Would the proposed project disturb any human remains, including those interred
outside of formal cemeteries?
[CEQA Public Services Threshold 5(d)]
The development of the proposed project would potentially disturb unknown human remains. There is
the potential for human remains to be encountered during site clearing and grading for the proposed
project. Therefore,the following impact would have the potential to occur and mitigation is proposed:
Impact CR-3: The development of the proposed project could potentially cause a substantial
adverse change in the significance of human remains.
MM CR-9: If human remains are encountered, 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. The County Coroner must be notified of the find immediately.
If the remains are determined to be prehistoric, the Coroner shall notify the
Native American Heritage Commission, which will determine and notify a Most
Likely Descendent (MLD) and at the same time provide notification to the
Community Development Director or designee. If the remains are deemed non-
historic, the Caroner shall notify the Sheriff's Department for investigation. As
required by Section 5097.98 of the Public Resources Code, with the granting of
City of Orange-Draft EIR—May 2013 Page 5.5-13
Rio Santiago Project SCH No. 2009051072
5.5 Cultural Resources
permission by the landowner or his/her authorized representative, the descendent
may inspect the site of the discovery; however, the MLD is not prohibited from
discussing and conferring with other descendants of the human remains as
allowed by Public Resources Code Section 5097.98. The descendent shall
complete the inspection within 48 hours of notification by the NAHC consistent
with Public Resources Code Section 5097.98. The MLD may recommend
scientific removal and nondestructive analysis of human remains and items
associated with Native American burials. The MLD will determine the ultimate
disposition of the remains and provide written documentation to the Community
Development Director or designee of the ultimate disposition of the remains.
Mitigation Measure CR-9 would halt the disturbance to human remains and determine if the remains are
of Native American origin. Therefore, the implementation of Mitigation Measure CR-7 would reduce
Impact CR-9 to a less than significant level.
Level of Significance
The proposed project would have a less than significant impact related to human remains with the
inclusion of Mitigation Measure CR-7.
5.5.6 Evaluation Summary
Table 5.5-2, Evaluation Summary Table— Cultural Resources, summarizes potentially significant project
impacts from this Draft EIR.
Table 5.5-2: Evaluation Summary Table—Cultural Resources
Mitigation
Threshold #�ote�tiai tmp�ct ��kel�f Signi�i�ance
Me�sur�
Historical Resources Less than significant None required Less than significant
MM CR-1 Less than significant with mitigation
Archaeological Resources Impact CR-1 MM CR-2
MM CR-3
MM CR-4
Less than significant with mitigation
Paleontological and Unique MM CR-5
Geologic Resources Impact CR-2 MM CR-6
MM CR-7
MM CR-8
Human Remains Impact CR-3 MM CR-9 Less than significant with mitigation
Page 5.5-14 City of Orange-Draft E/R—May 2013
SCH No. 2009051072 Rio Santiago Project
5.6 Geology and Soils
5.6.1 Introduction
Purpose
The purpose of this section is to identify the existing geology and soils conditions, the related geologic
hazards on the project site, and analyze the potential effects with implementation of the proposed project.
This section also identifies mitigation measures, when applicable, to reduce any potentially significant
impacts and describes the residual impact,if any, after implementation of mitigation measures.
Sou rces
The following source was used in consideration and discussion of the potential environmental impacts:
• Geotechnical Investigation and Recommendations for Rio Santiago, prepared by Ginter &
Associates, October 2011, as provided in Technical Appendix G, Geotechnical Investigation, to
this Draft EIR.
• Infiltration Opportunities, Constraints and Recommendations for Water Quality Treatment
Purposes, prepared by Ginter & Associates, March 2012, as provided in Technical Appendix K,
Preliminary Water Quality Management Plan, within Appendix G, Geotechnical Report and
Infiltration Feasibility to this Draft EIR.
5.6.2 Existing Environmental Setting
Regional Setting
Geomo�phic Setting
Regionally, the project site is situated in the northeastern portion of the Peninsular Ranges Geomorphic
Province at an average elevation of 400+ feet AMSL (Above Mean Sea Level) and adjacent to the Santa
Ana Mountains, which rise to the east to more than 3,000 feet AMSL. Santiago Creek, which
transgresses and bisects the project site; and, the Santa Ana River, situated several miles north, are all
currently active in transporting sediments and forming coalescing alluvial fans that result in a broad
surface which slopes away from the hills toward the Pacific Ocean further to the southwest.
The majority of the project site lies within the historic Santiago Creek floodplain designated as younger
alluvium (Qya). A few feet above this historic floodplain, at the approximate elevation of the existing
Santiago Canyon Road, is a surface exposed geomorphically as the first fluvial terrace above Santiago
Creek. This terrace is traceable as a paired surface upstream and downstream from the project site.
Regional mapping shows that remnants of at least four fluvial terraces that border Santiago Creek in this
area. Fluvial gravels laid down by ancestral channels of Santiago Creek underlie all these terraces. The
terraces bear lithologies and clast sizes comparable to the gravels that underlay the project site and which
are exposed in present floodplain quarries downstream.
City of Orange-Draft EIR—May 2013 Page 5.6-1
Rio Santiago Project SCH No. 2009051072
5.6 Geology and Soils
A sinuous escarpment, the surface of which is a still-order fluvial terrace designated"Qoa-2,"borders the
southeastern perimeter of the project site. From a geomorphic standpoint, the project site terrace gravels
(Qoa-1) were likely laid down during the last regional "Pluvial" epoch, approximately 12,000 to 18,000
years ago and designated as marine oxygen-isotope, Stage 2.
Regiona/Geo%gic Setting
The project site is located in the northern portion of the Peninsular Ranges physiographic province and
near the northern terminus of the Santa Ana Mountains, which reflect the northwest-trending signature of
this province in Southern California. The Peninsular Ranges extend from Southern California and down
the length of the Baja California Peninsula for approximately 900 miles (1,500 km.). The ranges are
characterized by basement complexes of mid-Jurassic to mid-Cretaceous age mildly metamorphosed
sedimentary and volcanic rocks, which are intruded by quartz plutonites and gabbros of the Southern
California batholithic. Locally, Upper Cretaceous and Tertiary sedimentary rocks overlie these basement
complexes. These rocks have been offset during the past three-million years or more by predominantly
northwest-trending right-slip faults, and some of these faults are active today, including the Whittier-
Elsinore, San Jacinto and Newport-Inglewood faults.
The structure of the northern Santa Ana Mountains is dominated by two plunging anticlinoriums, a broad
north-plunging anticlinal structure that underlines the main mountain mass and which is truncated at the
northeast by the Whittier fault, and a northwest-trending anticlinorium that underlies the southwest flank
and plunges northwest beneath the Los Angeles basin at the Anaheim nose. Northwest-striking beds, fold
axes and faults with bisecting northeast-trending faults dominate the generalized structure south of
Santiago Creek near the proposed project site. In contrast, north of Santiago Creek, east/west-trending
beds, fold axes and faults with some northwest and northeast-trending antithetic fault systems dominate
the generalized structure.
The bedrock units exposed in the project site's environs are dominated by Eocene to Miocene Age rocks,
which include: undifferentiated Sespe and Vaqueros Formations, consisting of a sequence of inter-bedded
marine and non-marine sandstone and conglomerate; overlain uncomfortably by a predominantly
sandstone sequence (Middle Miocene Age) known as the Topanga Formation, which in turn is overlain
uncomfortably by sequences of shale, siltstone, sandstone and conglomerate designated as the Puente
Formation (Upper Miocene Age). Also, outcrops of a sequence of extrusive igneous rocks and minor
interbedded sedimentary rocks known as the El Modeno Volcanics occur within the project site and
surrounding area. The El Modeno Volcanics have been delineated into various categories, which include:
basalt flows, tuff and tuff-breccia, and flows and flow breccia. Also, scattered basalt and porphyritic and
project site dikes intrude the Topanga Formation and other portions of the El Modeno Volcanics.
The surficial deposits blanketing the bedrock units consist of alluvium along Santiago Creek. These
deposits generally consist of pebbles, cobbles and boulders in a clayey red sand and silt matrix.
Page 5.6-2 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
5.6 Geology and Soils
Tectonic Setting
The project site's location in the northern Peninsular Ranges near the southeastern margin of the Los
Angeles Basin is associated with a complex tectonic regime of this portion of Southern California.
Historical analyses of the structural geology of Southern California have been strongly influenced by the
pronounced regional patterns provided by the San Andreas Fault and other major regional faults,
including the San Jacinto,Whittier/Elsinore and Newport-Inglewood faults.
The northwestward flow of the Pacific Plate mantle is now driving the collision between the Peninsular
Ranges block and the Sierra-Great Valley provinces of the North American plate. The "Pasadena"
deformation produced the major uplift and shortening of the Transverse Ranges province, which began in
mid-Pleistocene time (3.5 Ma) and is still continuing. This deformation involves northwestward under-
thrusting of the Peninsular Ranges blocks beneath the blocks of the Transverse Ranges. Within the
mantle, Pacific Plate (northwestward motion) extends into the Mojave Desert area, and viscous drag
against the edge of the North America plate produces right slip on northwest-striking faults of the
Peninsular Ranges.
Such tectonic activity has produced the present day geologic structure within and in the environs of the
project site consisting of several faulted blocks and folds. The significant faults within and near the
project site include the Peralta Hills thrust fault (Fife et al., 1973) and the El Modeno fault. The El
Modeno Fault has been inferred to transgress the project site. However, limited to bedrock of pre-
Quaternary age and is not shown to offset Quaternary alluvium.
A fault investigation studied for the land parcel immediately south of Santiago Canyon Road concluded
that the El Modeno fault is not present in the area; and, that if it were present at this location, it would be
Pre-Holocene in age-based on age dating by Dr. Shlemon, Soil Stratigrapher, and therefore "inactive." In
the absence of identifiable fault features in the vicinity of the El Modeno's inferred trace location, it does
not appear that the`BI Modeno Fault" crosses the property north of Santiago Canyon Road.
Additional evidence for the El Modeno fault not transgressing the project site is related to the detailed
geologic field mapping of bedrock outcrops exposed along the floor of Santiago Creek. No faults are
present along the Creek bottom bedrock exposures for 3,000 ft. of the total 4,200 ft. of the Creek within
the project site. The 1,200 ft. portion of the Creek, which is concealed by alluvial gravels, is in �he
vicinity of the northwest-trending inferred trace location.
It is noteworthy that an excavation for the widening of Cannon Street near its intersection with Serrano
Avenue, north of the project site has exposed a fault zone, possibly the El Modeno or another unnamed
frontal fault. The trend of this fault would indicate that it is located north of the project site and possibly
relates to the fault, approximately 2,500 ft. east of the project site. This also provides evidence to suggest
that the EI Modeno fault "dies out" near the project site, and the east-west trending frontal faults and
Peralta Hills thrust fault north of the project site are the dominant faults of the tectonic local framewark.
City of Orange-Draft EIR—May 2013 Page 5.6-3
Rio Santiago Project SCH No. 2009051072
5.6 Geology and Soiis
The geologic field mapping and subsurface investigations for the project site have not revealed any
evidence for the El Modeno fault or other faults within the project site's boundary. However, in an
abundance of caution and conservatism, it is recommended that the project engineering geologist be
present on-site during remedial grading operations and make specific efforts to evaluate far the presence
of any fault features, as conditions are better exposed during the overexcavation work. Although
unanticipated, should any evidence of faulting be encountered, it should be appropriately evaluated with
respect to nature and risk, and suitable recommendations be formulated for remediation.
Site Geology Conditions
Stratigraphic Framework
The geologic units present within the project site, at issuance of the NOP, can be characterized as
generally well indurated and consolidated Tertiary Age bedrock overlain by surficial deposits consisting
of Pleistocene/Holocene Age alluvial terrace gravels, sands and silts. Mining activities on certain portions
of the project site have resulted in open-pit excavations, which have subsequently been utilized as silt
ponds as part of the beneficiating process. These stratigraphic units and their descriptions, from youngest
to oldest are as follows:
Artificial Fill(Afl
At issuance of NOP various portions of the project site have been disturbed and infilled with
undocumented and non-engineered fills, generally derived locally, which consist of silty to gravelly sand
with cobbles, boulders and local concrete and asphalt fragments. These areas are delineated in Figure
5.6-1, Geotechnical Map' and are generally a few feet thick with deeper (up to 20f feet) areas within the
berm containing the northeast pond. Fill consisting predominantly of concrete rubble occurs along the
horse trail situated north of Santiago Creek near the northwest and northern perimeter.
� The borings by Ginter&Associates,Inc.were excavated in 2010 and 2011 as indicated on the boriog logs(Appendix G,Geotechnical Investigation, within
Appendix 2. The borings by others were excavated on the dates shown in the Legend of Figure 5.6-1,Geotechnical Map. The date of the original topographic
survey by the designated civit engineer is unknown. However,the topography of the project site west of Handy Creek Box Channel has been shown on Figure 5.6-
1,Geotechnical Map and was provided by the Culver Group from their field survey in September 201 I.
Page 5.6-4 City of Orange-Draft EIR—May 2013
SCH No. 2009051072 Rio Santiago Project
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