2020-065 - Adopting Environmental Findings of Fact

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The Warner Redhill Mixed -Use Project CEQA Findings of Fact • A Health and Safety Plan (HSP) shall be prepared for each contractor that addresses potential safety and health hazards and includes the requirements and procedures for employee protection. The HSP shall also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction. • All SMP measures shall be printed on the construction documents, contracts, and project plans prior to issuance of grading permits. Impact Finding: The Project would not create a significant hazard to the public or the environment through reasonably foreseeable upset or accident conditions involving the release of hazardous materials into the environment (Draft EIR at p. 5.7-23). 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 Contaminated Soils. As described previously, the Project site contains approximately 900 cubic yards of contaminated soil that would require excavation and disposal pursuant to the requirements of the DTSC, California Integrated Waste Management Board, RWQCB, OCFA, and the 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 upset or accident conditions involving the release of hazardous materials into the environment. As a result, Mitigation Measure Haz-1 requires a Soil Management Plan (SMP) to be prepared and 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. With implementation of Mitigation Measure Haz-1 impacts related to hazards from contaminated soils would be less than significant. Undocumented Hazardous Materials. The Project site has a long history of various uses that includes use and storage of hazardous materials. As a result, there is the potential for undocumented hazardous material to exist onsite. Excavated soil containing hazardous substances and hazardous building materials would be classified as a hazardous waste if they exhibit the characteristics of ignitability, corrosivity, reactivity, or toxicity (CCR, Title 22, Division 4.5, Chapter 11, Article 3). State and federal laws require detailed planning to ensure that hazardous materials are properly handled, used, stored, and disposed of, and in the event that such materials are accidentally released, to prevent or to mitigate injury to health or the environment. These regulations are detailed previously and include, but are not limited to, the federal Resource Conservation and Recovery Act, the Occupational Safety and Health Act that is implemented by OSHA, and the Hazardous Materials Transportation Act. Additionally, the California Integrated Waste Management Board and the RWQCB specifically address management of hazardous materials and waste handling in their adopted regulations (CCR, Title 14 and CCR, Title 27). Furthermore, Mitigation Measure HAZ-1 would reduce impacts related to other soil contamination, City of Santa Ana 44 May 2020