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

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4.10.1 Impact Determination in the EIR Water Quality The Certified EIR concluded that construction activities in the Overlay Zone could include road improvements and realignments, installation and realignment of utilities, demolition of existing structures for new development or replacement and new development. Areas that disturb one or more acres of land surface are subject to the Construction General Permit, 99-08-DWQ adopted by the State Water Resources Control Board (SWRCB). Preparation of a Stormwater Pollution Prevention Plan (SWPPP) is required for compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Stormwater Activity Permit. Compliance with the permit would involve filing a Notice of Intent with the SWRCB and preparing and submitting a SWPPP prior to construction activities. The SWPPP must describe the site, the facility, erosion and sediment controls, runoff water quality monitoring, means of waste disposal, implementation of approved local plans, control of construction sediment and erosion control measures, maintenance responsibilities, and non-stormwater management controls. Inspection of construction sites before and after storms is required to identify stormwater discharge from the construction activity and to identify and implement controls where necessary. The Construction General Permit requirements would need to be satisfied prior to beginning construction on any project located on a site greater than one acre. Water quality degradation from construction would be specific to each site within the Overlay Zone and depend largely on the areas affected and the length of time soils are subject to erosion and construction activities on site. All development would be subject to regional and local regulations, including the City's Water Pollution Ordinance, adopted to ensure compliance with federal requirements for the control of urban pollutants to stormwater runoff which enters the network of storm drains throughout the County of Orange. Contractors constructing new development or redevelopment projects are required to comply with the conditions of the City's Local Implementation Plan (LIP) and the Orange County Drainage Area Master Plan (DAMP), including the implementation of appropriate best management practices (BMPs) to control stormwater runoff so as to prevent any deterioration of water quality. In order to ensure compliance with existing regulations, implementation of Mitigation Measure MM-OZ 4.7-1 would be required for future development projects in the Overlay Zone. Compliance with Mitigation Measure MM-OZ 4.7-1 and applicable permit requirements for construction conditions will ensure that construction water quality effects for future development in the Overlay Zone will be reduced to the maximum extent practicable and will be considered less than significant. Operation of future developments in the Overlay Zone could result in the addition of contaminants into the stormwater runoff entering the City's drainage system. The major source of pollution to runoff and infiltrating groundwater would be contaminants that have accumulated on the land surface over which stormwater passes. Between rainstorms, material would be deposited on the streets, paved areas, roof tops, and other surfaces from debris dropped or scattered by Cabrillo Town Center City of Santa Ana Technical Memorandum August 2023 City Council 18 — 582 10/3/2023