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<br />The Bowery Mixed-Use Project CEQA Findings of Fact <br /> <br />City of Santa Ana 19 <br />May 2020 <br />Control, and Treatment Control Best Management Practices (BMPs) that will be incorporated into <br />the development project in order to minimize the adverse effects on receiving waters. <br /> <br />Impact Finding: The Project would not emit hazardous emissions or handle hazardous or acutely <br />hazardous materials, substances or waste within 0.25 mile of an existing or proposed school (Draft <br />EIR at p. 5.7-25). <br /> <br />Facts in Support of Findings: The Project site is located 0.7 mile from the closest school, which is <br />Heritage Elementary School, located at 15400 Landsdowne Road, Tustin. Thus, the proposed Project <br />would not be within one-quarter mile of an existing school. <br /> <br />Impact Finding: The Project would not be located on a site that is included on a list of hazardous <br />materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a <br />significant hazard to the public or the environment (Draft EIR at p. 5.7-26). <br />Facts in Support of Findings: The Phase I Environmental Site Assessments that was conducted <br />database searches to determine if the Project area or any nearby properties are identified as <br />currently having hazardous materials. The record searches determined that although the site has a <br />history of various uses, and identified as previously generating hazardous wastes and clean-up <br />activities, the Project site is not located on or near by a site which is included on a list of hazardous <br />materials sites pursuant to Government Code Section 65962.5. <br /> <br />Additionally, the Phase I ESA did not identify any nearby or surrounding area sites that are included <br />on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, and <br />as a result, impacts related to hazards from being located on or adjacent to a hazardous materials <br />site would not occur from implementation of the proposed Project. <br /> <br />Impact Finding: The Project would not result in a safety hazard or excessive noise for people <br />residing or working in the project area for a project located within an airport land use plan or, <br />where such plan has not been adopted, be within 2 miles of a public airport use airport or public <br />use airport (Draft EIR at p. 5.7-26). <br />Facts in Support of Findings: John Wayne Airport (JWA) is located approximately 2.2 miles <br />southwest of the Project site under the primary aircraft approach corridor. The Project site is not <br />located within JWA’s Airport Safety Zone, as shown in Draft EIR Figure 5.7-1) and is located outside <br />of the airport’s 55 CNEL contours (Draft EIR Figures 5.7-2 and 5.7-3). Table 1 of the Airport Environs <br />Land Use Plan (AELUP) for John Wayne Airport shows that residential land uses outside of the 60 <br />CNEL contour are “normally consistent”. Thus, development of residential units on the Project site <br />would not result in excessive noise for people residing or working in the project area. <br /> <br />Also, because the Project would not exceed the JWA FAR Part 77 Notification Area for JWA (100:1 <br />imaginary surface slope extending outward for 20,000 feet) (Final EIR Figure 1), the Project site is <br />not located within the AELUP Notification area for JWA, not within the JWA planning area <br />boundary, FAA and ALUC notification of the proposed Project would not be required. The tallest <br />point on the proposed structures would be approximately 94-feet from ground level. At 2.2 miles <br />from JWA and at a maximum height of 94-feet, the Project would not create any imaginary <br />surfaces with any of the specific slope characteristics within the imaginary surface area for the <br />airport (shown on Figure 1 of the Final EIR). <br /> <br />3-41