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FINAL Environmental Impact Report Trails at Santiago Creek Specific Plan City of Orange, Orange County, California

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FINAL Environmental Impact Report Trails at Santiago Creek Specific Plan City of Orange, Orange County, California FINAL Environmental Impact Report Trails at Santiago Creek Specific Plan City of Orange, Orange County, California State Clearinghouse No: 2017031020 Prepared for: City of Orange Community Development Department, Planning Division 300 East Chapman Avenue, Orange, CA 92866 714.744.7231 Contact: Robert Garcia, Senior Planner Prepared by: FirstCarbon Solutions 250 Commerce, Suite 250 Irvine, CA 92602 714.508.4100 Contact: Jason Brandman, Project Director Cecilia So, Project Manager Date: July 5, 2019 NORTH AMERICA | EUROPE | AFRICA | AUSTRALIA | ASIA WWW.FIRSTCARBONSOLUTIONS.COM THIS PAGE INTENTIONALLY LEFT BLANK City of Orange—Trails at Santiago Creek Specific Plan Final EIR Table of Contents Table of Contents Section 1: Introduction ............................................................................................................... 1-1 Section 2: Master Responses ....................................................................................................... 2-1 2.1 - List of Master Responses ................................................................................................ 2-1 2.2 - Master Responses .......................................................................................................... 2-1 Section 3: Responses to Written Comments ................................................................................ 3-1 3.1 - List of Authors ................................................................................................................ 3-1 3.2 - Responses to Comments ................................................................................................ 3-6 Section 4: Errata.......................................................................................................................... 4-1 4.1 - Changes in Response to Specific Comments .................................................................. 4-1 Appendix F: Air Quality and Greenhouse Gas Supporting Information Appendix R: Ordinance No 3915 Appendix S: April 1, 2019 Open Space Greenway Memo FirstCarbon Solutions iii Y:\Publications\Client (PN-JN)\2765\27650002\EIR\14 - FEIR\27650002 Sec 00-01 TOC.docx THIS PAGE INTENTIONALLY LEFT BLANK City of Orange—Trails at Santiago Creek Specific Plan Final EIR Introduction SECTION 1: INTRODUCTION In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15088, the City of Orange has evaluated the comments received on the Trails at Santiago Creek Specific Plan Recirculated Draft Environmental Impact Report (RDEIR). The responses to the comments and errata, which are included in this document, together with the Mitigation Monitoring and Reporting Program, form the Final EIR for use by the City of Orange in its review. This document is organized into four sections: • Section 1—Introduction. • Section 2—Master Responses. Provides a single, comprehensive response to similar comments about a particular topic. • Section 3—Responses to Written Comments. Provides a list of the agencies, organizations, and individuals who commented on the RDEIR. Copies of all of the letters received regarding the RDEIR and responses thereto are included in this section. • Section 4—Errata. Includes an addendum listing refinements and clarifications on the RDEIR, which have been incorporated. The Final EIR includes the following contents: • RDEIR (provided under separate cover) • RDEIR Appendices (provided under separate cover) • Responses to Written Comments on the RDEIR, Volumes 1 and 2 (Section 3 of this document) • Errata (Section 4 of this document) • Mitigation Monitoring and Reporting Program (provided under separate cover) FirstCarbon Solutions 1-1 Y:\Publications\Client (PN-JN)\2765\27650002\EIR\13 - Screencheck FEIR\27650002 Sec 01-00 Introduction.docx THIS PAGE INTENTIONALLY LEFT BLANK City of Orange—Trails at Santiago Creek Specific Plan Final EIR Master Responses SECTION 2: MASTER RESPONSES Master responses address similar comments made by multiple commenters (public agencies, businesses, organizations, or individuals) through written comments submitted to the City of Orange. In some instances, an individual response may both refer to a master response and contain further information that is responsive to the particular comment. Master responses are provided in the order set forth below. 2.1 - List of Master Responses • Master Response 1—Plan Consistency • Master Response 2—Adequacy of Project Description • Master Response 3—Analysis of Alternatives • Master Response 4—Dam Safety and Risk of Failure • Master Response 5—Wildfire Risk • Master Response 6—Stewardship of Open Space • Master Response 7—Applicability of SMARA • Master Response 8—Site Environmental Conditions • Master Response 9—Soil Import/Export Numbers • Master Response 10—General Comments on Project, General Opposition 2.2 - Master Responses Master Response 1—Plan Consistency Summary of Relevant Comments Several commenters raised issues related to the consistency of the project with the City of Orange General Plan and the Orange Park Acres Plan. Specific issues raised include the following: • Ability of the City to reconsider land use designations and densities in the existing plans • Open space and resource area designations • Proposed density of the project relative to what is identified in the General Plan and the Orange Park Acres Plan Response a. The City General Plan and the Orange Park Acres Plan The approximately 109.2 acre project site includes both disturbed and undisturbed land, with approximately 40 acres containing remnants of a prior mining operation and a currently operating sand and gravel processing facility. There are other improvements on the rest of the site, including a flood control storm drain, a trunk water distribution line, and historic groundwater and methane monitoring wells. (Recirculated Draft Environmental Impact Report [RDEIR] Section 2, Project Description, page 2-1). The analysis of environmental and planning issues in the RDEIR takes account of these existing conditions in evaluating the impacts of the project. FirstCarbon Solutions 2-1 Y:\Publications\Client (PN-JN)\2765\27650002\EIR\13 - Screencheck FEIR\27650002 Sec 02-00 Master Responses.docx City of Orange—Trails at Santiago Creek Specific Plan Master Responses Final EIR The City of Orange General Plan designates the project site as Low Density Residential (LDR) (15.4 acres), Resource Area (RA) (77.3 acres), and Open Space (OS) (16.5 acres). The proposed project would change the RA designation to a combination of “Low Density Residential” and “Open Space,” and the LDR designation to “Open Space.” The part of the project site that is currently designated “Open Space” in the General Plan will remain designated as “Open Space.” The proposed project also includes a General Plan Amendment that would amend both the East Orange General Plan and Orange Park Acres plan to incorporate the Trails at Santiago Creek Specific Plan. The Trails at Santiago Creek Specific Plan would create vertical consistency with the General Plan. The project site is located within the boundaries of the East Orange General Plan and the Orange Park Acres (OPA) Plan. It is important to note the legal status of these documents. The East Orange General Plan is part of the land use element of the City’s General Plan. The OPA Plan is often referred to as “specific plan” but it is not a specific plan adopted pursuant to the specific plan statute. The Plan was adopted by City Resolution No. 3915 (included in Section 4, Errata, as Appendix R) in December 1973, prior to the 1974 enactment of the specific plan statute. That resolution adopted the Plan as a land use element of the General Plan. In addition, the OPA Plan does not meet the requirements for specific plans in Government Code Section 65450 et seq. The Plan identifies goals, policies and recommended land use concepts for Orange Park Acres, but does not contain a program of implementation measures, infrastructure plans or development criteria, as required by the statute. The Plan is described in the current General Plan 2010 as a “development plan” that is one of the plans that has influenced growth and change within the City of Orange (General Plan 2010, page I-23). Therefore, the OPA Plan is a relevant land use document, and the consistency of the project with this Plan is evaluated in the RDEIR, but the OPA Plan does not control land use policy in the City in the same manner as the policies in the City’s General Plan 2010. Notably, the Supreme Court in Orange Citizens for Parks & Recreation v. Superior Court (2016) 2 Cal.5th 141, 157-158, held that the designations and policies in the General Plan 2010 control over any inconsistent provisions of the OPA Plan. b. Standards for Determining Consistency with a General Plan A general plan is the “constitution” for development in a jurisdiction and lies at the top of a city’s land use regulation hierarchy (Neighborhood Action Group for the Fifth Dist. v. County of Calaveras (1984) 156 Cal.App.3d 1176, 1183; Lesher Communications, Inc. v. City of Walnut Creek (1990) 52 Cal.3d 531, 540). All zoning and land use approvals must be consistent with the general plan (DeVita v. County of Napa (1995) 9 Cal.4th 763, 772). The legal test for determining whether a land use enactment is consistent with a general plan has been set forth in numerous court decisions. Generally, it is recognized that a general plan or a community plan consists of policies reflecting a wide range of sometimes competing interests. Accordingly, a project
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