2020-065 - Adopting Environmental Findings of Fact

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The Warner Redhill Mixed -Use Project CEQA Findings of Fact SECTION III IMPACTS MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT The City hereby finds that mitigation measures have been identified in the EIR that would avoid or substantially lessen the following potentially significant environmental impacts to a less than significant level. The potentially significant impacts and the mitigation measures that would reduce them to a less than significant level are detailed in the EIR and summarized below. A. Hazards and Hazardous Materials Impact Finding: The Project would not create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials (Draft EIR at p. 5.7-21). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft EIR. Facts in Support of Findings: Construction: The Phase I Environmental Site Assessment determined that asbestos -containing materials and lead -based paint may exist due to the date of construction of the existing buildings. Therefore, asbestos surveys and abatement would be required prior to demolition or renovation of the existing building pursuant to the existing South Coast Air Quality Management District (SCAQMD), Cal/OSHA, and the sections of the California Health and Safety Code, which are described above in the Regulatory Setting. These requirements were developed to protect human health and the environment from the hazards associated with exposure to lead based materials and airborne asbestos fibers. Compliance with these existing regulations, as ensured through the permitting process and included as PPP HAZ-1 and PPP HAZ-2, would reduce impacts related to routine transport and disposal of asbestos -containing materials and lead -based paint during construction activities to a less than significant level. In addition, the Project site contains approximately 900 cubic yards of contaminated soil that would require excavation and disposal as part of excavation and grading activities. This includes approximately, 850 cubic yards of TPH contaminated soils (above residential screening levels) and 80 cubic yards of TPH-(diesel) contaminated soils. These contaminated soils would need to be excavated and removed during Project excavation and grading activities as required by DTSC, California Integrated Waste Management Board, RWQCB, OCFA, and the Orange County Health Care Agency (OCHCA). Due to the existence of the contaminated soils and excavation activities that would occur during Project construction, implementation of the proposed Project has the potential to result in a hazard to the public or environment. As a result, Mitigation Measure HAZ-1 would be implemented to reduce the potential risks related to accidental release and exposure of people and the environment to the contaminated soils. Mitigation Measure HAZ-1 requires that a qualified consultant prepare a Soil Management Plan (SMP) to be used by construction workers to remove and dispose of the areas of TPH impacted soil. Mitigation Measure HAZ-1 requires excavation of contaminated soils be completed pursuant to existing DTSC and RWQCB requirements, soils sampling ensure all contaminated soils are removed, and that a certified hazardous waste hauler remove and transport all TPH impacted soil and other potentially hazardous materials per California Hazardous Waste Regulations to a landfill permitted by the state to accept hazardous materials. Excavated soil City of Santa Ana 42 May 2020