2019-047 - Adopting Mitigated Negative Declaration Environmental Review No. 2018-75

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at an appropriate facility. The contractor and hauler of the material are required to file a Hazardous Waste Manifest that details the hauling of the material from the site and the disposal of it. Section 19827.5 of the California Health and Safety Code requires that local agencies not issue a demolition permit until an applicant has demonstrated compliance with notification requirements under applicable federal regulations regarding hazardous air pollutants, including asbestos. Lead could also exist in the church since it was construction prior to 1978. Thus, lead -based materials may be present. The lead exposure guidelines provided by the U.S. Department of Housing and Urban Development provide regulations related to the handling and disposal of lead -based products. Federal regulations to manage and control exposure to lead -based paint are described in Code of Federal Regulations Title 29, Section 1926.62, and state regulations related to lead are provided in the California Code of Regulations Title 8 Section 1532.1, as implemented by Cal -OSHA. These regulations cover the demolition, removal, cleanup, transportation, storage and disposal of lead - containing material. The regulations outline the permissible exposure limit, protective measures, monitoring and compliance to ensure the safety of construction workers exposed to lead -based materials. Cal/OSHA's Lead in Construction Standard requires project applicants to develop and implement a lead compliance plan when lead -based paint would be disturbed during construction or demolition activities. The plan must describe activities that could emit lead, methods for complying with the standard, safe work practices, and a plan to protect workers from exposure to lead during construction activities. In addition, Cal/OSHA requires 24-hour notification if more than 100 square feet of lead -based paint would be disturbed. The City requires that prior to the issuance of a demolition permits for the demolition and removal of any pre-1979 structures within Santa Ana, the applicant must submit documentation to the City Building Department that asbestos and lead -based paint issues are not applicable to the property, or that appropriate actions would be taken to correct any asbestos or lead -based paint issues prior to the development of the site in conformance with the regulations of the SCAQMD and the State of California, Division of Occupational Health and Safety. The compliance by the project developer with all applicable laws and regulations to safely and properly remove any lead -based paint and/or asbestos from the church prior to its demolition would ensure that ACM and lead based paint impacts would be less than significant. As stated in the Phase I ESA, there are issues of concern associated with historical agricultural operations on the site.22 If present, agricultural chemicals, such as Organochlorinated pesticides and/or herbicides, could impact construction workers during demolition and construction activities. Because soil contamination tests have not been performed there is a potential for agricultural chemical impacts to occur, if present. The following measure shall be implemented to reduce pesticide and/or herbicide impacts to less than significant. Mitigation Measure No. 1 Prior to the issuance of a demolition permit of any existing on -site improvements the developer shall submit proof to the City's satisfaction that one of the following two options to reduce pesticide and/or herbicide levels to meet accepted Environmental Protection Agency (EPA) and County of Orange Health Care Agency (COHCA) requirements have been completed. • The on -site soils shall be tested for the presence of pesticides and/or herbicides. zz Phase I Environmental Site Assessment, The Sound Church, 651 Sunflower Avenue, Santa Ana, Apex Companies, San Diego, CA, February 27, 2018, page 17. Legacy Sunflower Apartments Page 57 Mitigated Negative Declaration — March 14, 2019