Item 18 - Appeal Application Nos. 2023-02 and 2023-03 for Cabrillo Town Center project

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1.0 INTRODUCTION This report presents the methods and findings of a Phase I Environmental Site Assessment (ESA) of the Cabrillo Town Center property located at 515 and 525 Cabrillo Park Drive and 1901 and 1971 East 4th Street, in the City of Santa Ana, Orange County, California (Site) performed in conformance with the contract/agreement for this assignment and the scope and limitations of ASTM Standard Practice E1527-13 and United States Environmental Protection Agency (EPA) Standards and Practices for All Appropriate Inquiries (AAI) as published in 40 Code of Federal Regulations (CFR) Part 312. EPA promulgated the AAI rule that became effective in November 2006 and has indicated that the ASTM E 1527 practice is consistent with the requirements of AAI and may be used to comply with the provisions of the AAI rule. 1.1 Purpose The purpose of the ASTM E1527 practice (framework for this Phase I ESA) is to define good commercial and customary practice in the United States of America for conducting an ESA of a parcel of real estate with respect to the range of contaminants within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (Title 42 United States Code (U.S.C.) Section 9601)) and petroleum products. As such, this practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (hereinafter, the "landowner liability protections," or "LLPs"): that is, the practice that constitutes all appropriate inquiries into the previous ownership and uses of the property consistent with good commercial and customary practice as defined at 42 U.S.C. Section 9601(35)(B). In defining a standard of good commercial and customary practice for conducting this Phase I ESA of the Site, the goal of the processes established by the ASTM E1527 practice is to identify, to the extent feasible, recognized environmental conditions. The term recognized environmental conditions is defined as the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment. In addition, controlled recognized environmental conditions, historical recognized environmental conditions and/or de minimis conditions, if identified during the completion of the assessment, are discussed herein. Definitions of these terms and other key terminology relevant to the practice are included in Section 14.0 of this report. 1.2 Scope of the Assessment In general terms, this Phase I ESA included the acquisition of readily available/accessible and practically reviewable regulatory records and historical information, a site reconnaissance, interviews, and preparation of this written report of findings. A more detailed description of the four primary components of the Phase I ESA is presented below. Records Review - A review of Federal, State, Tribal, and local standard ASTM and non-ASTM regulatory databases for a myriad of environmental identifiers including but not limited to properties with underground storage tanks (USTs), properties with leaking USTs, properties that have reported spills/releases that did not occur from a leaking UST, businesses that utilize hazardous materials and/or generate hazardous waste and hazardous waste disposal locations. The regulatory review may also Phase I Environmental Site Assessment January 16, 2022 Cabrillo Town Center, Santa Ana, CA Council 18 —1107 10/3/2023