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

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Routine Transport, Use, or Disposal of Hazardous Materials/Release of Hazardous Materials/ Handling Near Schools/ Listed Hazardous Materials Site The Project would not introduce any unusual hazardous materials to the area and would be required to adhere to existing regulations to 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), including those that minimize the risks associated with the exposure of sensitive receptors, including schools. The nearest school to the Project Site is more than one -quarter mile away and the Project Site has not been identified on any of the 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. Further, in compliance with Mitigation Measure MM-OZ 4.6-2, a Phase I Environmental Site Assessment (ESA) has been prepared for the Project by Weis Environmental, dated January 16, 2022 (refer to Attachment E). The Phase I ESA concluded that no evidence of recognized environmental conditions, controlled recognized environmental conditions, or historical recognized environmental conditions in connection with the Project Site. In any event, the Project will still implement Mitigation Measure MM-OZ 4.6-3, which requires certain actions in the event an unanticipated contamination is discovered. Thus, the Project would not result in any new or increased significant impacts related to the routine transport, use, and disposal of hazardous materials, the accidental release of hazardous materials, or handling of hazardous materials near schools beyond impacts already identified in the Certified EIR. As previously discussed, the Project is greater than 500 feet away from the nearest freeway. Therefore, Mitigation Measure MM-OZ 4.6-1, requiring preparation of a HRA for projects within 500 feet of the nearest freeway, does not apply. Airport Hazards The Project Site is not located within the JWA Airport Influence Area, and the Project would not include buildings that reach a height of 200 feet or taller.14 Thus, implementation of Mitigation Measure MM-OZ 4.6-4 is not required. Thus, the Project would not result in any new or increased significant impacts related to hazardous materials site list beyond impacts already identified in the Certified EIR. Impair Emergency Response Plan The Project would be required to implement Mitigation Measures MM-OZ 4.6-5 through MM-OZ 4.6-7 to ensure that the Project would not interfere with any emergency response or emergency evacuation plans. Thus, the Project would not result in any new or increased significant impacts related to emergency response beyond impacts already identified in the Certified EIR. 14 Orange County Airport Land Use Commission, Airport Influence Area for John Wayne Airport, available at https://files. ocair. com/medial2021- 021jwanotf2008. pdf?Versionid=7s4A26J9sMzn02SK2kO3c9kcnvA T8f9s. Cabrillo Town Center City of Santa Ana Technical Memorandum August 2023 City Council 18 — 579 10/3/2023