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

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include birth defects, genetic damage, and cancer. Implementation of existing hazardous materials regulations were established at the state level to ensure compliance with federal regulations to reduce the risk to human health and the environment from the routine use of hazardous substances. All new developments that handle or use hazardous materials would be required to comply with existing regulations, standards, and guidelines established by the EPA, State, Orange County, and the City of Santa Ana related to storage, use, and disposal of hazardous materials. Specific requirements for implementation of these statutes are codified in Title 40 of the Code of Federal Regulations (CFR). Additional regulations that apply to workplace safety are contained in CFR Titles 8 and 29. Regulations that pertain to radioactive materials are included in CFR Title 10. The USDOT Office of Hazardous Materials Safety prescribes strict regulations for the safe transportation of hazardous materials, as described in Title 49 of the Code of Federal Regulations and implemented by Title 13 of the CCR. Additionally, both the federal and state governments require all businesses that handle more than a specified amount of hazardous materials to submit a business plan to a regulatory agency. Specifically, any new business that meets the specified criteria must submit a full hazardous materials disclosure report that includes an inventory of the hazardous materials generated, used, stored, handled, or emitted; and emergency response plans and procedures to be used in the event of a significant or threatened significant release of a hazardous material. Specific requirements for implementation are codified primarily in Title 26 of the California Code of Regulations (CCR) and Chapter 6.95 of the California Health and Safety Code. Hazardous materials are required to be stored in designated areas designed to prevent accidental release to the environment. California Building Code (CBC) requirements prescribe safe accommodations for materials that present a moderate explosion hazard, high fire or physical hazard, or health hazards. Compliance with all applicable federal and state laws related to the storage of hazardous materials would be implemented to maximize containment (through safe handling and storage practices) and to provide for prompt and effective cleanup if an accidental release occurs. Adherence to existing regulations would ensure compliance with safety standards related to the use and storage of hazardous materials, and the safety procedures mandated by applicable federal, state, and local laws and regulations (RCRA, California Hazardous Waste Control Law, and principles prescribed by the California Department of Health Services, Centers for Disease Control and Prevention, and National Institutes of Health), which would ensure that risks resulting from the routine transportation, use, storage, or disposal of hazardous materials or hazardous wastes associated with construction and implementation of the Overlay Zone would be less than significant. No mitigation is required. The Certified EIR also stated implementation of the Overlay Zone would not result in land uses that would create a significant hazard to the public or the environment. However, it is possible that existing uses within the vicinity could create a significant hazard to future residents of the Cabrillo Town Center City of Santa Ana Technical Memorandum August 2023 City Council 18 — 569 10/3/2023