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75C - PH - THE BOWERY
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75C - PH - THE BOWERY
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Last modified
8/13/2020 5:10:27 PM
Creation date
8/13/2020 4:53:25 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75C
Date
8/18/2020
Destruction Year
2025
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City of Santa Ana -The Bowery <br />May 11, 2020 <br />Page 15 of 28 <br />The DEIR Defers DeselopmentofHailardous Materials Mitigation <br />Measures <br />'l he DF Vs I IA'/A mitigation measure is impermissibly deferred'because the <br />proposed mitigation is to develop a Soil Management Plan in the future which "would <br />detail hazardoue materials excavation and disposal methods and requirements pursuant <br />to [the applicable codes] that regulates the removal, transportation, and disposal of <br />hazardous waste..." (DEIR at 5.7-22; DEIR at 5.7-30 (no specification for how <br />contaminated soil will be removed); 5.9-25-26.) 'lbe DEIR fails to provide a specific <br />plan or how compliance with any applicable code will aufficientlymitigate a known <br />hazard on the utc.'fhe Project site "contains 900 cubic yards of contamnated suit that <br />would require excavation and disposal." (Id) The mitigation measures for HAZ-2 are <br />similarly deferred due to the same reliance on a Soil Management Plan to remove <br />contaminants that has not been formulated. <br />'I he DIi,1R needs to specify the removal plan and how code compliance will ensure <br />safe removal of contaminants. <br />2. The TJF-IR Tmpermisnbly Deferr Development of Noise Mtigabon Measures <br />The Project is located near low -density residential housing and other nearby sensitive <br />receptors which would be directly impacted by construction noise. The DEIR, in MM <br />N0I-1 proposes a construction noise mitigation program that would include noise <br />barriers, noise -reduction devices on construction equipment, distanced placement of <br />noise -generating devices, and notice to nearby residents regarding noise at new <br />construction phases. All of these proposed items are impermissibly deferred for <br />specific formulation at a later date. (See DEIR at 4.9-14-15.) <br />First, the noise barriers that are proposed "could consist of materials such as'/4-inch <br />thick plywood." There is no way to evaluate the sufficiency of the It artier with this <br />description. The Project calls for, generally, "feasible noise -reduction devices" but does <br />not specify what these devices will be. It calls for stationary noise sources to "be <br />located as far away from noise -sensitive land uses as feasible" without detailing how <br />that would or could be determined, or how placement will be decided for <br />effectiveness. <br />Second, MM NO 1-2 calls for the applicant to retain a specialist to review the project <br />plans and incorporate specific measures to mitigate noise that generally will reduce <br />noise levels below specific levels, but fails to provide any specific of such a plan in the <br />13 <br />14 <br />75C-135 <br />
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