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

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as enforced and monitored by the Department of Environmental Health. The extent to which groundwater may be affected, if at all, depends on the type of contaminant, the amount released, and depth to groundwater at the time of the release. If groundwater contamination is identified, remediation activities would be required by the Santa Ana Regional Water Quality Control Board (SARWQCB) prior to the commencement of any new construction activities. Existing Contaminated Sites Another potential hazard to construction workers and the public could involve construction activities on existing sites that may potentially be contaminated. However, any new development occurring on these documented hazardous materials sites would have to be preceded by remediation and cleanup under the supervision of the State Department of Toxic Substance Control (DTSC) before construction activities could begin, if such actions have not already occurred. In order to address the potential for encountering contamination within the Overlay Zone, Mitigation Measures MM-OZ 4.6-2 and MM-OZ 4.6-3 will minimize the potential risk of contamination by implementing investigation and remediation efforts at future development sites. As such, the potential impacts associated with unknown contamination will be reduced to a less than significant level. Compliance with existing regulations and implementation of Mitigation Measures MM-OZ 4.6-2 and MM-OZ4.6-3 would ensure that construction workers and the general public would not be exposed to any unusual or excessive risks related to hazardous materials during construction activities. As such, it was determined that impacts associated with the exposure of construction workers and the public to hazardous materials during construction activities will be less than significant. The United States Department of Transportation (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. The transportation of hazardous materials can result in accidental spills, leaks, toxic releases, fire, or explosion. It is possible that licensed vendors could bring some hazardous materials to and from new retail -commercial sites in the Overlay Zone as a result of the subsequent projects constructed pursuant to the proposed project. However, appropriate documentation for all hazardous waste that is transported in connection with specific project -site activities would be provided as required for compliance with existing hazardous materials regulations codified in Titles 8, 22, and 26 of the California Code of Regulations, and their enabling legislation set forth in Chapter 6.95 of the California Health and Safety Code. In addition, specific project -site developers shall comply with all applicable Federal, State, and local laws and regulations Cabrillo Town Center City of Santa Ana Technical Memorandum August 2023 City Council 18 — 572 10/3/2023