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

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implementation of established safety practices, procedures, and reporting requirements. No mitigation is required. Release Hazardous Materials Near a School The Certified EIR stated that there are two schools located within one -quarter mile of the Overlay Zone. No additional schools are proposed in the Overlay Zone as part of the Overlay Zone. As discussed previously, limited amounts of some hazardous materials could be used in the construction and operation of new developments in the Overlay Zone, including the use of standard construction materials (e.g., paints, solvents, and fuels), cleaning and other maintenance products (used in the maintenance of buildings, pumps, pipes and equipment), diesel and other fuels (used in construction and maintenance equipment and vehicles), and the limited application of pesticides associated with landscaping around new developments. None of these materials would result in hazardous emissions or are considered acutely hazardous. Although hazardous materials and waste generated from future development may pose a health risk to nearby schools, all businesses that handle or have on -site transportation of hazardous materials would be required to comply with the provisions of the City's Fire Code and any additional elements as required in the California Health and Safety Code Article 1 Chapter 6.95 for Business Emergency Plan. As described previously, 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. The routine transport, use, and disposal of these materials would be subject to a wide range of laws and regulations intended to minimize potential health risks associated with their use or the accidental release of such substances. Compliance with existing regulations would minimize the risks associated with the exposure of sensitive receptors, including schools, to hazardous materials. This impact would be less than significant. No mitigation is required. Listed Hazardous Materials Site The Certified EIR stated that the Overlay Zone contains sites that have been identified on various regulatory databases as being contaminated from the release of hazardous substances in the soil, including d storage tanks and small -quantity generators of hazardous waste. Implementation of the Overlay Zone could lead to development of these sites. As discussed under Impact 4.6-3, development of these sites would be required to undergo remediation and cleanup before construction activities can begin. If contamination at any specific project site were to exceed regulatory action levels, the proponent would be required to undertake remediation procedures prior to grading and development under the supervision of appropriate regulatory oversight agencies (e.g., Santa Ana Fire Department, Orange County Environmental Health Division, Department of Toxic Substances Control, or Regional Water Quality Control Board), depending on the nature of any identified contamination. Thus, implementation of Mitigation Measures MM- OZ 4.6-2 and MM-OZ 4.6-3, above, would ensure that contaminated sites undergo remediation activities prior to development activities. Consequently, if future development under the Overlay Zone is located on a site that is included on a list of hazardous materials sites, remediation would Cabrillo Town Center City of Santa Ana Technical Memorandum August 2023 City Council 18 — 574 10/3/2023