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excavation is conducted to a less than significant level. The comment has not identified a potentially new impact not described in the EIR. Thus, none of the requirements for recirculation, as listed in CEQA Guidelines Section 15088.5, have been triggered, and recirculation of the Draft EIR is not required. Comment 7: The comment asserts that the City did not consult the California Department of Toxic Substances Control (DTSC) concerning the EIR, and that the City failed to consult any responsible agencies whatsoever. Response 7: This comment is an inaccurate assertion. The City consulted with DTSC and all other responsible agencies during preparation of the EIR. As provided in the State Clearinghouse website (https://ceganet.opr.ca.gov/Project/201908001 1) the following responsible agencies were notified about the EIR Notice of Preparation and the Draft EIR: California Air Resources Board, California Department of Fish and Wildlife, South Coast Region 5, California Department of Housing and Community Development, California Department of Parks and Recreation, California Department of Water Resources, California Governor's Office of Emergency Services, California Highway Patrol, California Native American Heritage Commission, California Natural Resources Agency, California Regional Water Quality Control Board - Santa Ana Region 8, State Water Resources Control Board Division of Drinking Water, Department of Toxic Substances Control, California Department of Transportation, District 12. In addition, as identified in Chapter 2 of the Final EIR, the City also consulted with the surrounding Cities of Tustin and Irvine. Furthermore, DTSC provided a comment to the Draft EIR, which was responded to in the Final EIR that was sent to DTSC in response. Thus, the City consulted with the DTSC, in addition to the other responsible agencies. Comment 8: The comment asserts that Draft EIR included mitigation requiring that "all prospective residents of the Project site shall be notified of airport related noise because the site was identified as being within the Airport Environs Land Use Planning (AELUP) area for John Wayne Airport (JWA). However, the Final EIR determined that the Project Site is not within the Planning Area for JWA. The comment asserts that the change is significant new information requiring revision and recirculation. Response 8: As described in the Final EIR, the project was determined to not be located within the airport's 55 dBA CNEL aircraft noise level contour boundaries of JWA, and that the residential land use is consistent with JWA aircraft noise exposure exterior noise level compatibility thresholds. Also, the airport related noise at the Project site does not exceed the City's municipal code permissible noise levels for multi -family residential uses. Thus, based on the criteria from the JWA AELUP, Mitigation Measure LU-1, is not applicable to the Project and is no longer required, however will be added as an applicable standard conditions or Plan, Program, Policy (PPP) and will be included in the MMRP. Likewise, potentially significant impacts related to residential land uses and JWA operations would not occur, and impacts would be less than significant. Therefore, no new impacts would occur; and because no new information has been presented identifying new or increased environmental impacts as a result of implementing the proposed Project, recirculation of the Draft EIR is not warranted. Comment 9: The comment asserts that the Project that will have new, significant and previously undisclosed aesthetic impacts related to two parking structures, one 76 feet in height and the other 70 feet in height. The comment asserts that the aesthetic impact of the height and size of these parking structures were not disclosed or otherwise analyzed in the Draft EIR, and therefore is significant new information requiring revision and recirculation. Response 9: This comment is an inaccurate assertion. The Draft EIR Section 3.0, Project Description (page 3- 10), describes the height of the proposed structures. Specifically, it states that the Project would develop 3 mixed use buildings that would be 6-stories in height and one residential building that would be 5-stories 75C-194