The Initial Study identified the following potential impacts: Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology/Water Quality, Noise, Tribal Cultural Resources, and Mandatory Findings of Significance.  Each of the aforementioned items identified in the Initial Study that would result from the proposed development plan are further described, as follows, with appropriate mitigation measures designed to bring each impact to a level of Less than Significant:

Air Quality
The project may expose sensitive receptors to air pollution during the construction phase of the project.  Sensitive receptors include children, the elderly, the acutely and chronically ill, and those with cardio-respiratory disease.  Mitigation measures have been added to reduce the impacts to less than significant.  This includes reducing air pollution by controlling fugitive dust and requiring adequate pollution controls on construction equipment.

 

Biological Resources
The proposed project will not result in the loss of any protected wildlife habitat.   However, existing trees may be used by migratory birds for nesting purposes.   The applicant will be required to employ a biologist to clear the property to ensure that any active nesting sites are not disturbed, prior to commencement of demolition activities.

Cultural Resources & Tribal Cultural Resources
The subject property has no known cultural sites or artifacts, however, during demolition and grading activities, these may be uncovered.  The applicant will be required to employ an archeologist and Native American specialist to monitor the site to ensure that any items uncovered are identified and protected, as necessary.

 

Geology and Soils
The subject site is not within a known active seismic zone or liquefaction area.  However, the site abuts a slope whereby slides are possible.  A mitigation measure requires that a geotechnical investigation be conducted prior to the issuance of grading permits.

 

Greenhouse Gas Emissions
Greenhouse gases (GHG) refer to a group of compounds that are linked to change in global climate conditions.  These compounds are produced by human activity, such as fossil fuel combustion and burning natural gas, or other natural sources such as the decay of plant materials.  GHGs trap the heat from sunlight and reduce the amount of heat that escapes into the atmosphere.  Mitigation measures will be imposed to limit the amount of GHGs that are produced by making the units more energy efficient and taking advantage of green energy technology.

Hazards and Hazardous Materials
The site had been used for manufacturing since the late 1950s and various chemicals and fuel were regularly used as part of normal operations.  The site will be required to be cleaned prior to construction, to the satisfaction of the Department of Toxic Substances Control.

Hydrology/Water Quality
A Preliminary Water Quality Management Plan has been prepared and approved by the City's consultants.   A Final Water Quality Management Plan will be required prior to commencement of grading and construction activities.

Noise
The project site abuts Imperial Highway, which is a six-lane highway with traffic counts exceeding 42,900 vehicle trips per day.  Noise created from this traffic has been identified as a major impact on the residential development that will require mitigation.  Mitigation measures include the construction of a masonry sound wall along the project frontage, use of dual pane windows, installation of solid front doors, and use of R90 or higher rated insulation.

Mandatory Findings of Significance
The Mandatory Findings of Significance are a list of three items that are summarized as follows: 1) Does the project potentially have the ability to affect the environment, plants and animals?; 2) Does the project potentially have cumulative (i.e. multiple) affects?; and, 3) Does the project have affects that could potentially affect humans?   These items are covered comprehensively in the Initial Study in support of the Mitigated Negative Declaration and the Mitigation and Monitoring Reporting Program; and as a result, mitigation measures are a condition of approval of the proposed project to reduce project impacts.
 

In order to minimize project impacts to less than significant, the Initial Study identified mitigation measures, included in the Mitigation and Monitoring Reporting Program.  On the basis of the analysis within the Initial Study, the City Staff concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures, and has therefore prepared a Draft Mitigated Negative Declaration (MND 21-01).  The Initial Study reflected the independent judgment of the City.  The City circulated a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration of Environmental Impacts for public review and comment on November 12, 2021, for a 30-day review period ending on December 13, 2021, pursuant to Section 15072 of the CEQA Guidelines.  Copies of the Initial Study and supporting exhibits were distributed through the State Clearinghouse and sent for review to state and local agencies, tribal authorities, various interest groups, and the public.   Copies were also made available at the Community Development public counter at City Hall, on the City's website, and at the La Habra Branch of the Orange County Library system.

The City received three comment letters on the IS/MND during the review period.  The agencies that sent response letters included the California Department of Transportation (Caltrans), Southern California Gas, and Orange County Transit Authority.  Upon review of these letters, it was determined that the comments were either already addressed in the MND or were not related to environmental concerns.  However, a typo was discovered by staff within the IS/MND which called out the export of soil totaling 10 cubic yards instead of 100 cubic yards.  A response to comment letter was prepared that included the correction of the error (i.e. Errata #1) and these were sent to each of the respondents and included in the agenda package.  An additional Errata sheet (i.e. Errata #2) was provided to staff on January 6, 2022 which provided updated groundwater test results which were determined to be in compliance with California Department of Toxic Substance Control protocols.  As a result, no changes were required for the Mitigation Monitoring and Reporting Program (MMRP).

In summary, the Initial Study found that with the imposition of mitigation measures related to Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas, Hazards and Hazardous Materials, Hydrology, Noise, Transportation, Tribal Cultural Resources and Mandatory Findings of Significance, all potentially significant impacts associated with the Project would be reduced to less than levels of Less than Significant.  Staff recommends that the Planning Commission pass a resolution and certify the MND 21-01.