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City of Pleasanton 2023-2031 (6th Cycle) Housing Element Update CEQA Findings of Fact and Statement of Overriding Considerations 104 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2148/21480022/FOF/21480022 Pleasanton Housing Element FOF.docx Findings: Less than significant impact with mitigation incorporated. (Draft Program EIR, Page 3.8-31). Changes or alterations have been required in, or incorporated into, the Housing Element Update which avoid or substantially lessen the significant environmental effects as identified in the Program EIR. (State CEQA Guidelines, § 15091(a)(1)) Mitigation Measures MM HAZ-2 Environmental Site Assessment If a potential site for rezoning is suspected to contain hazardous materials, prior to building permits, the City shall ensure that each project applicant retain a qualified environmental consulting firm to prepare a Phase I Environmental Site Assessment (Phase I ESA) in accordance with the American Society for Testing and Materials (ASTM) Standards in effect at the time of request of issuance of grading or building permits, whichever is sooner, which would ensure the City is aware of any hazardous materials on-site. The Phase I ESA shall determine the presence of recognized environmental conditions and state whether further investigation is recommended (e.g., preparation of a Phase II ESA, if applicable). Prior to receiving a certificate of occupancy, project applicants shall provide documentation from any overseeing agency (e.g., Alameda County Environmental Health [ACEH], Department of Toxic Substances Control [DTSC] or Regional Water Quality Control Board) to the Community Development Department, Planning Division that sites with identified contamination have been remediated to levels where no threat to human health or the environmental remains for the proposed uses. Facts in Support of Findings: Future construction activities would have the potential to release potentially hazardous soils- and groundwater-based materials into the environment during site grading and excavation operations. However, development of the potential sites for rezoning is not expected to result in the transport, use, storage, or disposal of substantial amounts of hazardous materials, with the exception of common residential and commercial-grade hazardous materials such as household cleaners and paint, among others. Several documented release sites are within 0.5 mile of the potential sites for rezoning. In addition, DTSC notes that Site 22 (Merritt) is a currently inactive DTSC site but needs further evaluation regarding previously detected volatile organic chemicals (VOCs) and organochlorine pesticides in soil and groundwater. Construction activities at these sites would likely involve ground-disturbing activities that could expose workers, the public, and the environment to contaminated soil and groundwater, if present. To prevent and minimize hazardous condition to below a level of significance, existing local, State, and federal law, including those listed under Section 3.8.3 Regulatory Framework, would be enforced at all construction sites. Future projects would comply with Cal/OSHA regulations concerning the use of hazardous materials. All contaminated waste must be collected and disposed of at an appropriately licensed disposal or treatment facility. Future development (including redevelopment of existing developed sites) must comply with the California Code or Regulations. Title 8 of the California Code of Regulations establishes Cal/OSHA requirements related to public and worker protection. Construction safety and exposure standards