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

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include public records requests with one or more Federal, State, Tribal and/or local agencies. A review of historical sources is also completed to help ascertain previous land uses of the property in question and in the surrounding area. Site Reconnaissance - A property inspection and viewing of adjacent and surrounding properties for conditions that could be recognized environmental conditions. Interviews - Interviews with present and past owners, operators and/or occupants of a property and local government officials. Reporting - Evaluation of the information gathered during the completion of the Phase I ESA and the subsequent preparation of a written report. 1.3 Limitations and Exceptions Concerns regarding liability under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (CERCLA) and analogous State laws, have been a primary driver for Phase I ESA assignments in commercial real estate transactions. While the ASTM E1527 practice can be used in many contexts, a familiarity with CERCLA and its potential LLPs is critical in understanding and applying the ASTM E1527 practice. We advise consultation with legal counsel if further inquiry or information is desired. AAI represents the minimum level of inquiry necessary to support the LLPs. However, it is important to understand that additional inquiry ultimately may be necessary or desirable for legal as well as business reasons depending upon the outcome of this inquiry and the particular risk tolerances of a given user. For example, additional inquiry may assist a user of a Phase I ESA in determining whether he or she would have continuing obligations in the event he or she acquires a given property and may also assist the user in defining the scope of future steps to be taken to satisfy such obligations. In addition, a user may be concerned about business environmental risks or non -scope ASTM considerations that do not fall within the definition of a recognized environmental condition. In addition, this assessment did not include subsurface or other invasive exploration. Users are also cautioned that Federal, State, Tribal and local laws may impose environmental assessment obligations that are beyond the scope of the ASTM E1527 practice. The evaluation, opinion and conclusions presented herein are based solely on visual observations and regulatory, historical, and personal knowledge related information that existed at the time our assessment was completed. The use of the gathered information is exclusively for the purposes outlined in this report and only for the Site. Our firm can make no warranty, either express or implied, except that the services conducted were performed in accordance with generally accepted environmental assessment practices applicable at the time and location of the assessment and that the conclusions of the assessment have been based in part on professional judgment/experience, an interpretation of readily available data and the standard of care normally followed by similar professionals practicing in a similar locale and under similar circumstances. Any opinions presented cannot apply to Site changes of which our firm is unaware and has not had the opportunity to evaluate. In addition, this report cannot feasibly include any evaluation of undocumented activities at the Site or on adjacent or nearby properties. Lastly, a Phase I ESA meeting or exceeding this practice and completed less than 180 days prior to the date of acquisition of a given property or (for transactions not involving an acquisition) the date of the intended transaction is presumed to be valid. Phase I Environmental Site Assessment January 16, 2022 Cabrillo Town Center, Santa Ana, CA Council 18 -1108 10/3/2023