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HomeMy WebLinkAboutDraft EIR Report exampleCITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF REPORT ITEM # 1 BY: Philip Dunsmore, Senior Planner (781-7522) DATE: July 24, 2013 FROM: Kim Murry, Deputy Director of Community Development FILE NUMBER: ER 92-08 Chevron Restoration and Development project Draft EIR PROJECT ADDRESS: 276 Tank Farm Road SUBJECT: Review of the Draft Environmental Impact Report (DEIR) for the Chevron Tank Farm Remediation and Development project. RECOMMENDATION Receive a presentation and public testimony and provide feedback on the Chevron project Draft EIR. DISCUSSION Background The Chevron project is the result of several years of collaboration between the property owner Chevron) and the agencies involved in addressing the contaminants on the property from site operations and an oil spill that was the result of a lightning-initiated fire in 1926. The effort, called SERRT (Surface Evaluation Remediation and Restoration Team 1) engaged staff to assist the applicant in understanding the concerns of the affected agencies. From this collaborative effort, the Chevron team developed a remediation, restoration and development plan and applied to the City and the County of San Luis Obispo for General Plan amendments, subdivision, and grading permits to accomplish their plans. In order to proceed with project processing, the City and County determined that an Environmental Impact Report (EIR) was needed to fully evaluate the applicant’s proposal. The Draft Environmental Impact Report (DEIR) is the product of this review. A more complete description of the individual project components and their respective impacts follows. The City is acting as the Lead Agency in accordance with the California Environmental Quality Act (CEQA) in processing the EIR. In conjunction with the EIR certification, the City will have the opportunity to act on all of the project entitlement requests which include annexation, a subdivision map, a development agreement and amendments to the Airport Area Specific Plan. Staff will return to the Planning Commission for review of the entitlements at a later date, following the close of the Draft EIR comment period. Once the City has certified the Final EIR, the County will be able to utilize the EIR to process entitlements including a use permit for the remediation project. 1 The SERRT was comprised of two principal groups, the Human Health Risk Working Group (HHRWG) and the Ecological Risk Working Group (ERWG). Both groups included Chevron, its representatives, and the Regional Water Board (RWQCB), but the HHRWG also included the California Office of Environmental Health Hazard Assessment (OEHHA), the SLO County Environmental Health Division (EHD), and the SLO County Air Pollution Control District (APCD); while the ERWG added the City of San Luis Obispo and the California Department of Fish and Game (CDFG). 92-08 Chevron restoration and development project Draft EIR Page 2 The purpose of this hearing is to highlight the findings of the DEIR, while receiving public and Commissioner testimony on the DEIR during the public comment period. The public comment period for the DEIR ends on Monday, August 5th, 2013. Comments on the DEIR will be utilized to prepare the Final EIR which is anticipated to be released in October of this year. Project Description The project involves two primary components; remediation/restoration while under the County jurisdiction and site development following annexation into the City. As an option, the EIR also examines a development scenario that could allow development under County jurisdiction should the City not annex the property. The objective of the dual project approach by Chevron is to provide an alternative development option in the event the City process for annexation and development is unsuccessful. The remediation and restoration component includes several activities occurring over a three year period: demolishing existing buildings and debris, excavating top soil, site re-contouring, capping (covering oil contaminated soils), and mitigating existing impacts to wetland and rare plant habitats. The project proposes to remove soils with exposed contamination and to place soil caps” over areas where deeper, stable, hydrocarbon impacted soil will remain.. The caps will prevent human and wildlife exposure to any remaining hydrocarbon impacted soils. The remediation portion of the proposed project addresses soil and groundwater contamination and includes restoration to wetland and rare plant habitats. The restoration phase would restore terrestrial and wetland areas affected by the remediation. The remedial action plan (RAP) guides the remediation project. The RAP is subject to review and approval by the Regional Water Quality Control Board (RWQCB). The City project includes amending the land use map in the Airport Area Specific Plan (AASP) to reserve the most ecologically sensitive areas as open space and to shift an area of development envisioned in the AASP from the western to the eastern portion of the property. Changes to the AASP are required to address land use amendments and adjustments to roads and bicycle paths. Entitlements requested under the City development plan include: Annexation, Tentative Tract Map, Specific Plan Amendment, and Development Agreement. The applicant has proposed a Development Agreement to address infrastructure timing and reimbursement over the life of the project. Table 1 illustrates the existing and proposed land use acreages. Table 1 Existing and Proposed land use summary Land Use Designation Land Area Existing AASP Acres % Proposed Acres % Business Park 3 1 27 8 Service Commercial 51 16 26 8 Public Facility/Recreation 0 0 15 5 Open Space 279 83 250 75 Streets, Right-of-Way n/a n/a 14 4 Total 332 100 332 100 The County Development Plan scenario is similar to the City Development Plan with the primary difference being that the County Development Plan proposes more rapid development during the 92-08 Chevron restoration and development project Draft EIR Page 3 first five years to construct an on-site wastewater treatment facility on approximately four acres of land on the eastern end of the Project Site (north of Tank Farm Road). In both the City and County scenarios, areas of development would be executed in five phases over a period of approximately 20 to 25 years with each phase allowing potential development of approximately 160,000 square feet of leasable floor area (for a total of 800,000 square feet) and taking approximately four to five years to build-out. The County development scenario is somewhat challenged by the need to provide on-site wastewater facilities and well water supplies within an area that is dominated by wetlands, open space, and remnants from the former crude oil storage facility. Draft EIR Components The DEIR evaluates three separate but interrelated projects; 1. Remediation and site restoration; 2. City development scenario; and 3. County development scenario. The DEIR is based upon a series of background reports which were developed in collaboration with City and County agencies. In addition to reports that study typical environmental issues such as traffic, biological resources, wetlands, and cultural resources, the primary reports that support the findings in the DEIR also include a Human Health Risk Assessment (HHRA) and a Remedial Action Plan (RAP). Both of these latter documents are available in the DEIR appendices and are further described below. Human Health Risk Assessment The HHRA evaluates the potential hazards to humans both on and off site as a result of remaining contamination from the former tank farm oil disaster in 1926 and the oil storage that continued on the site up until the 1980’s. Originally prepared in 2004 and revised in 2012 and 2013, the HHRA evaluates current site conditions and acts as document that will inform and guide the remediation efforts. The Executive Summary of the HHRA has been included as Attachment 3. Remedial Action Plan The RAP was completed in 2007 with the purpose of providing regulatory agencies with detailed information on how Chevron will implement the proposed site cleanup/remediation activities in response to the HHRA. The RAP identifies a plan to remediate the soil and groundwater contamination of the site in an attempt to remove site contaminants from human and biological receptors. It was prepared in conjunction with cooperative agreements with the County, the City, and the Regional Water Quality Control Board (RWQCB). The DEIR evaluates the components of the RAP and evaluates alternatives to the proposed RAP such as mass excavation. Similar to the DEIR, the RAP is available for public comment through August 5th. Chevron may not proceed with a remediation project until both the Final EIR and the RAP have been approved. The RWQCB is the regulatory agency overseeing the public comments and final approval of the RAP (Attachment 4). 92-08 Chevron restoration and development project Draft EIR Page 4 Draft EIR Key Findings The following paragraphs briefly introduce each of the project impacts and the key findings of the DEIR. The DEIR classifies potential environmental impacts into four categories: Class 1: Impacts which are significant and unavoidable even with mitigation Class 2: Impacts that can be mitigated to less than significant levels Class 3: Less than significant impacts that do not require mitigation Class 4: Beneficial impacts Mitigations are proposed for all Class 1-2 impacts, even in the case of Class 1 impacts where the project results in significant and unavoidable consequences. The Attached Executive Summary Attachment 3) and the complete DEIR provide substantial additional detail in addition to describing project impacts and proposed mitigation measures. DEIR: Remediation The DEIR analyzes all components of the remediation project including removal and capping of soil and surface water contamination, restoration of wetland and rare plant habitats affected by the contamination, and restoration of areas affected by the implementation of the remediation efforts. A significant component of the remediation project includes grading and blasting the flower mound” hill adjacent to the Damon Garcia Sports Fields and grading several of the containment berms that surround the former oil storage reservoirs. Earth and rock from these areas will be utilized to remediate and cap other areas of the site. Because the remediation project is potentially more disruptive than either the City or County site development proposals, it results in the most significant environmental impacts of the three project scenarios. Class 1 Impacts: Remediation Air Quality: Remediation could generate fugitive dust that exceeds Air Pollution Control District (APCD) thresholds. Biology: Site remediation would result in the taking of listed specimens because of grading, capping and earth moving (Vernal Pool Fairy Shrimp, Red Legged Frogs, and nesting birds.). Hazards: Wetland restoration will result in the potential of increased aircraft bird strikes within the Runway Protection Zone and Safety Areas. A mitigation measure has been proposed to reduce the amount of wetland mitigation to reduce the potential for bird strikes. This mitigation would reduce this to a Class 2 impact; however it is noted that resource agencies may not support a smaller ratio of wetland mitigation, therefore this remains a Class 1 impact. Class 2 Impacts: Remediation (Note: Similar impacts may be in both the Class 1 and Class 2 categories) Air Quality: Remediation could generate emissions that would exceed APCD thresholds. This is primarily associated with on-site grading and off-site truck trips associated with hauling materials to and from the site. Biology: Remediation could result in impacts to listed and special status species, will result in loss of wetlands and rare plant habitats, and could temporarily impede migration of species. Mitigation proposes a 2:1 replacement of wetland, grassland and terrestrial 92-08 Chevron restoration and development project Draft EIR Page 5 habitat areas. Transportation: Remediation could result in temporary impacts to roadways due to heavy vehicles entering and potentially obstructing roadways. Water Resources: Remediation could impact surface water quality due to construction sediment) runoff. Geological Resources: Remediation could result in erosion-induced siltation of nearby waterways. Noise and Vibration: On-site grading and blasting could generate noise and vibration impacts to nearby properties. Cultural Resources: Potential impacts to paleontological, historical, archeological, resources or the inadvertent discovery of human remains due to substantial grading and remediation. Aesthetics and Visual Resources: Remediation (grading) could degrade existing visual character. Agriculture: remediation could lead to changes in environment which could result in conversion of farmland to a non-agricultural use. Hazards: Grading and blasting of serpentine rock could lead to asbestos exposure. DEIR: City Project The DEIR analyzes the potential development of up to 800,000 square feet of commercial floor area, potential development of public facilities uses such as a fire station or sports fields, and road improvements and other infrastructure improvements including Class 1 bike paths (separate paths from roads), drainage improvements, and utilities. As is common with many large scale commercial projects, emissions associated with the operational phases of the development would generate diesel particulate and fugitive dust emissions due to activities associated with the land uses. These emissions could exceed APCD thresholds even after mitigation. Although there are Class 1 impacts associated with traffic from the project, these impacts are not due to the project alone, but are cumulative in nature and associated with the buildout of all anticipated projects within the region. Class 1 Impacts: City Development Project Air Quality: Operation of commercial development could generate fugitive dust and emissions that exceeds Air Pollution Control District (APCD) thresholds. Traffic (Cumulative): When combined with anticipated area projects, buildout of the project site is anticipated to cause nine intersections and two freeway segments to operate at levels of service deemed unacceptable by the City’s Circulation Element thresholds. Class 2 Impacts: City Development Project Air Quality: Operational activities could generate emissions and Greenhouse gases that exceed APCD thresholds. Biology: The development plan could result in short-term and permanent loss of biological functions of wetlands, grasslands, and rare plant and animal habitat areas. Transportation: Impacts to site access and circulation, including bicycle access could result from the project. This impact requires the installation of a roundabout at the intersection of Tank Farm and Santa Fe Road instead of a traffic signal as proposed by the applicant. Mitigation is also required to construct a Class 1 bicycle path south of Tank Farm Road to link with properties to the south. 92-08 Chevron restoration and development project Draft EIR Page 6 Geological Resources: Construction activities could result in erosion or sedimentation impacts to waterways. The region is also known for expansive soils, requiring alternative construction techniques. Noise and Vibration: Noise levels would be increased due to construction activities and the noise from the airport may impact future commercial land uses in the area. Aesthetics and Visual Resources: New development with related new sources of light could alter the appearance of the area since it is currently undeveloped. AASP design guidelines are intended to respond to these issues. Hazards: Following remediation and development of project site, there is some potential health risk from exposure to residual contamination. In the north-west portion of the site, the cancer risk to indoor employees could exceed acceptable levels due to elevated levels of arsenic in the soil and estimated benzene concentrations. Arsenic was found in the soil in this area, however its source is not known since it is not associated with the former oil tank farm. Additionally, methane in soil exceeds the limits below proposed development areas. Following mitigation, exposure to these contaminants fall below significant thresholds. Public Services/Utilities: Some of the proposed new commercial pads could be located outside of the City’s emergency services response time. Mitigation requires that all new commercial development be within response time, and a series of mitigation options are listed. DEIR: County Project Since a development project in the County’s jurisdiction would be very similar to the City development, the impacts and mitigation measures are the same as the list above. However, the County project would need to rely upon well water for domestic water supply and an on-site wastewater treatment plant. Both of these components would result in Class 1 impacts. Additionally, since emergency services would be provided by Cal Fire’s station located on Broad Street adjacent to the airport, the County project would not result in a Class 2 impact to Public Services since the response time would be deemed adequate. In addition to impacts listed in the City project above, the County project impacts include the following: Class 1 Impacts Water Resources: The use of groundwater for the County development concept could result in the migration of hydrocarbons from shallow groundwater to deep groundwater wells. Mitigation includes consistent monitoring of groundwater wells that are currently in place for this purpose. However, under a County development scenario, use of groundwater would be required to cease if any contaminates were discovered in the monitoring wells, thereby leaving the development without a reliable source of water. Wastewater Resources: Discharges from the wastewater treatment plant would increase surface water flow rates and impact downstream properties. The wastewater treatment plan would need to utilize direct discharge of treated water since the use of polishing ponds would increase on-site wetlands leading to the increase of bird strikes which would be an air traffic hazard. Therefore, permits for direct discharge of treated water would be necessary. 92-08 Chevron restoration and development project Draft EIR Page 7 Class 2 Impacts Water Resources: The use of groundwater could result in substantially depleted groundwater supplies or interfere with groundwater recharge. Wastewater Resources: The wastewater treatment plant discharges would increase pollutants into the East Fork of San Luis Obispo Creek. Draft EIR Alternatives Alternatives to the project have been developed in accordance with CEQA. The EIR introduces a series of potential project alternatives and utilizes a screening analysis to determine which alternatives should be further analyzed based on their ability to result in lesser impacts. The following project alternatives were chosen from the screening process for detailed review: No Project Alternative (required by CEQA): With this alternative, development of the project site would not occur and it would remain as open space. However, it is likely that the RWQCB would require some level of remediation of the site. Therefore, the no project alternative assumes the remediation project would proceed as proposed. This alternative would not include any infrastructure improvements, therefore roadways would not be widened and connected, and other improvements would not be put in place. There is very little difference in the environmental impacts between the no project alternative and the proposed project as the majority of Class 1 impacts are associated with remediation. Replace Remedial Caps with Excavation: Under this scenario areas designated for remedial capping would be fully excavated and then backfilled. This alternative would remove a larger amount of constituents than in the proposed project. The severity of impacts associated with remediation (dust, air pollution, biological etc.) would be increased and no other impacts would be reduced. Reduced Development: This alternative examines reduced development from 800,000 down to 562,000 square feet of commercial (a 30% reduction) by eliminating development in the northwest portion of the site. It would reduce potential air quality impacts associated with dust and emissions and would slightly reduce cumulative traffic impacts. This alternative was determined to be the most environmentally superior alternative outside of the no development alternative. However, this alternative does not meet the needs of the applicant nor the AASP in the amount of commercial development proposed for this area. Draft EIR Process Following completion of the Draft EIR comment period, the City and the EIR consultant will respond to any comments received and make necessary amendments to the EIR. Table 2 illustrates the estimated timing. 92-08 Chevron restoration and development project Draft EIR Page 8 Table 2: EIR/Process Timing The HHRA and other background reports formulate the technical background for the EIR. The EIR will be utilized by the City to consider annexation, development agreement, and other entitlements, by the County to consider remediation work (or an alternative development scenario) and by RWQCB to grant approval to the RAP as illustrated in Table 3. Table 3: EIR Process Map Next Steps Prior to completion of the FEIR, staff will return to the Planning Commission to conceptually review amendments to the AASP and project entitlements including the subdivision map, annexation, and development agreement. This hearing is anticipated to occur on August 28, 2013. Following completion of the FEIR, a hearing to provide the Planning Commission recommendation to the City Council regarding project entitlements will be held. Following City certification of the FEIR, the County will be able to utilize the EIR to process use permits and construction plans for the remediation project. If the City endorses the applicant’s requested annexation, the annexation application to LAFCO would also move forward following FEIR certification. Annexation could occur during the remediation process. Activity Timing Release of Draft EIR June 20th End of public Comment Period August 5th Public Information Workshop – DEIR July 8th PC Hearing to introduce AASP amendments August 28th Estimated Release of Final EIR September 25 Planning Commission Hearing (FEIR, entitlements) October 23 City Council Hearing (FEIR, entitlements) November 19 Potential 2nd Council Hearing Project entitlement/EIR Certification December ? Human Health Risk Assessment and Background Reports Remedial Action Plan Environmental Impact Report County approved Remediation City Annexation/Entitlements RWQCB review/approval City Review/approvalCountyreview/approval 92-08 Chevron restoration and development project Draft EIR Page 9 RECOMMENDATION: Receive public and Commissioner testimony to ensure project impacts and mitigations are fully addressed as part of the Draft EIR. Comments provided will be evaluated and responded to in the Final EIR which is anticipated to be released in October of this year. ATTACHMENTS 1. Vicinity map of project site 2. Proposed project schedule 3. EIR Executive Summary 4. RAP summary and Notice COMMUNITY DEVELOPMENT DEPARTMENT 919 Palm Street San Luis Obispo, CA 93401 COUNTY OF SAN LUIS OBISPO DEPARTMENT OF PLANNING AND BUILDING DIVISION OF ENVIRONMENTAL AND RESOURCE MANAGEMENT City and County of San Luis Obispo NOTICE OF PREPARATION DATE: February 26, 2009 TO: insert address FROM: City and County of San Luis Obispo SUBJECT: NOTICE OF PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE CHEVRON RESTORATION AND REDEVELOPMENT PROJECT. PROJECT TITLE: Chevron Restoration and Redevelopment Project PROJECT APPLICANT: Chevron Land and Development RESPONSES DUE BY: March 29, 2009 The City of San Luis Obispo and the County of San Luis Obispo will be the Co-Lead Agencies and will prepare an Environmental Impact Report (EIR) for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information that is pertinent to your agency’s statutory responsibilities in connection with the proposed project. Refer to Attachment A of this NOP for an Initial Study prepared for the project by the County the City of San Luis Obispo. In addition, further technical documents can be found on Padre and Associates’ FTP site (ftp://files.padreinc.com - User Name: TF Guest; Password: TFguestftp01). PLEASE provide us the following information at your earliest convenience, but not later than the 30-day comment period which will begin with your agency's receipt of the NOP. 1. NAME OF CONTACT PERSON. (Address and telephone number) 2. PERMIT(S) or APPROVAL(S) AUTHORITY. Please provide a summary description of these and send a copy of the relevant sections of legislation, regulatory guidance, etc. 3. ENVIRONMENTAL INFORMATION. What environmental information must be City and County of San Luis Obispo NOTICE OF PREPARATION addressed in the EIR to enable your agency to use this documentation as a basis for your permit issuance or approval? 4. ALTERNATIVES. What alternatives does your agency recommend be analyzed in equivalent level of detail with those listed below? 5. RELEVANT INFORMATION. Please provide references for any available, appropriate documentation you believe may be useful to the county in preparing the EIR. 6. FURTHER COMMENTS. Please provide any further comments or information that will help the county to scope the document and determine the appropriate level of environmental assessment. Due to the time limits mandated by State law, your response must be sent at the earliest possible date, but not later than 30 days after receipt of this notice. The City and the County have retained Bill Henry of SWCA Environmental Consultants to act as an extension of City and County staff to assist in the facilitation of the CEQA process for this project. Therefore, please address your response to Mr. Henry’s attention and send to the address below. Your responses will be included in the City and County record for this project. Please send your response before March 27, 2009 to Bill Henry at the following address: Bill Henry Morro Group, a Division of SWCA 1422 Monterey Street, Suite C200 San Luis Obispo, CA 93401 Bill Henry Morro Group, a Division of SWCA 1422 Monterey Street, Suite C200 San Luis Obispo, CA 93401 Telephone: (805) 543-7095 Fax: (805) 543-2367 Email: bhenry@swca.com Reference: California Administrative Code, Title 14, Section 15082. City and County of San Luis Obispo NOTICE OF PREPARATION 1 CITY AND COUNTY OF SAN LUIS OBISPO NOTICE OF PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE CHEVRON RESTORATION AND REDEVELOPMENT PROJECT PROJECT DESCRIPTION AND LOCATION The 332-acre project site is located at 276 Tank Farm Road, south of the City of San Luis Obispo in an unincorporated area of San Luis Obispo County (refer to Attachment A, Initial Study, Figures 1 and 2). Tank Farm Road bisects the site in an east-west direction. The site is bordered by light commercial and industrial development, the San Luis Obispo County Regional Airport, agricultural and pastoral lands with scattered residences, and a mobile home park. From 1910 until the late 1980s the Chevron Tank Farm site was used as an oil storage and distribution facility. In 1926, a lightning strike ignited a major fire at the Tank Farm, destroying many of the tanks and reservoirs. As a result of the fire, heated oil flowed out of the reservoirs and onto the ground surrounding the tanks by a combination of burning embers and boil-overs. This release is considered responsible for most of the numerous surface occurrences (i.e., expressions) of highly weathered and burned petroleum that cover the ground in topographically low areas of the Tank Farm. Most of the infrastructure used to store and transport oil has either been removed or is inoperable. The site is largely unused, expect for caretaker activities and a few buildings that formerly housed Chevron’s Central Coast staff. Chevron no longer requires the use of this land for its oil production operations, and proposes to convert the property to uses that include commercial and industrial uses and open space. The Tank Farm site has been identified by the City for possible annexation given its proximity to existing City boundaries, existing industrial uses, and the San Luis Obispo County Regional Airport. Chevron is currently in the process of proposing a Development Agreement for consideration by the City Council in association with a potential annexation of the site. In the event the City Council ultimately authorizes the negotiation of a Development Agreement, the process for adoption of such an agreement and the annexation of the site would be lengthy and complicated and would require the approval of several long-term development and phasing plans. Given the nature of the Development Agreement and annexation processes, Chevron has decided to file a land division map application with both the County and City. As such, Chevron is proposing two separate development options, one consistent with County regulations, and one consistent with City regulations. The objective of the dual project approach by Chevron is to provide an alternative development option in the event the review and approval process for annexation is unsuccessful or does not meet Chevron’s needs. Approved development would be under either County or City jurisdiction, or following approval of amendments given that the proposed project would require amendments to the General Plan and Airport Area Specific Plan (AASP). The project will be simultaneously processed in both City and County jurisdictions. The City and County will serve in a City and County of San Luis Obispo NOTICE OF PREPARATION 2 capacity of CEQA co-lead agencies in processing the project and preparation of an Environmental Impact Report. The project consists of two principal components. The first component is remediation and restoration of the site, which includes various risk management activities such as demolition of existing buildings, top soil excavation, site re-contouring, excavation and capping, and mitigation of existing impacts to wetland and rare plant habitats and the unavoidable impacts resulting from implementing the remedial actions. Re-contouring will be done mostly using on-site materials. The principal borrow source for soil materials will be the former quarry site known as the Flower Mound located in the northeastern corner of the project site. This area is comprised of metavolcanic rocks and serpentinite. It is anticipated that this area will need to be blasted in order to break up and access this material. San Luis Obispo City Development Option The following is proposed under the City development option: 27 acres with approximately 433,000 square feet of floor space for business park land; 26 acres with approximately 370,000 square feet for Service and Manufacturing uses; 265 acres designated as open space on both sides of Tank Farm Road. 250 acres would be used for open space and environmental mitigation. The remaining 15 acres would be used for active sports fields; 14 acres would be used for streets, sidewalks, and other frontage improvements; and, The City of San Luis Obispo would provide water, sewer, and public services such as police and fire. The City is in the process of installing a sewer trunk line in Tank Farm along the property’s frontage. Chevron would extend the water main and utilities to the developable areas. The City option would require amendments to the Airport Area Specific Plan, adding amendments to the City’s General Plan Land Use Policy map, a subdivision of existing parcels, annexation of the property by the City, architectural review, adoption of a Development Agreement with the City, and environmental review. San Luis Obispo County Development Option The following is proposed under the County development option: 27 acres with approximately 370,00 square feet of floor space for commercial services; 26 acres with approximately 433,000 square feet for industrial uses; City and County of San Luis Obispo NOTICE OF PREPARATION 3 250 acres would be used for open space and environmental mitigation and 11 acres for sports fields; 4 acres for a wastewater treatment facility. Water and sewer would be provided by on-site wells and the on-site wastewater treatment facility; 14 acres would be used for streets, sidewalks, and other frontage improvements; Cal Fire would provide fire protection services, County Sheriff would provide police services, and utilities would be provided by existing area service providers. The County option would require an amendment of the County General Plan, a subdivision of existing parcels, a Conditional Use Permit, adoption of a Development Agreement with the County, and environmental review. PROBABLE ENVIORNMENTAL EFFECTS 1. AESTHETICS Review of the project proposal and project site indicates that this project will be visible from major and accessory roads. The project would have the potential to silhouette against the South Street Hills to the north of the project site as viewed from Tank Farm Road. Short-term impacts to visual quality of the project site would result from construction activities during the remediation and restoration phase of the proposed project. Build-out of the development phase would result in changes in the visual character of the project site from a semi-rural setting to a more urban and developed setting. The development would also result in an increase in daytime/nighttime light and glare within the area resulting from additional parking lots, building lights, and streetlights. The project would result in potentially significant impacts to public views from key vehicular viewing areas such as U.S. Highway 101, State Highway 227/Broad Street, and South Higuera Street. It is anticipated that potential viewers will respond to the project primarily in terms of its perceived overall scale, and its effect on community character priorities such as ridgeline views. As a baseline, the aesthetics section will develop ratings and recommendations for the assignment of aesthetic values to protect potentially significant key viewing areas, including visual simulations of the proposed development. The analysis will also include an evaluation of impacts of the project, including night lighting, as well as cumulative effects of the project with other similar projects. Visual elements which detract from existing scenic quality will also be inventoried and discussed. 2. AGRICULTURAL RESOURCES Most of the site is suitable for grazing, which is currently undertaken on the project site and on lands to the south. The project site is within the Urban Reserve Line of the city of City and County of San Luis Obispo NOTICE OF PREPARATION 4 San Luis Obispo and is not under Williamson Act contracts. Grazing on the project site would likely cease during the remediation and restoration phase of the project and may cease under the proposed project. Areas of proposed building development for both the City and County development options are in locations where the soil has been contaminated and therefore does not qualify as having characteristics of prime soil or having agricultural value. Although the areas not proposed for development would not be permanently converted to urban uses, they will be permanently preserved for wetland and special-status species mitigation. The EIR will include descriptions of existing and historical agricultural uses and practices and description of the agricultural suitability of the site, including soil types, soil capabilities, and the productivity of agricultural soils both for irrigated and non-irrigated uses. The analysis will include evaluation of crops and livestock uses suited to the site, the potential adverse impacts to agricultural capability resulting from the project, the potential for smaller agricultural parcels to convert to rural residential type uses and the resulting impacts to the agricultural capability of those and adjacent agricultural parcels. Analysis will also include a cumulative assessment of agriculture in the area. 3. AIR QUALITY Air quality impacts during construction would include: the creation of fugitive dust PM10), the potential release of asbestos and lead-based paint dust during demolition and removal of buildings, the potential release of naturally occurring asbestos during grading/placement of fill, increased vehicle emissions, and objectionable odors. The project would also generate greenhouse gases. Project emissions will be evaluated in accordance to the County of San Luis Obispo Air Pollution Control District CEQA Air Quality Handbook and the 2001 Clean Air Plan. The EIR analysis will discuss State and Federal attainment status and current air quality planning efforts, air quality policies relative to development using thresholds of significance derived from the adopted Clean Air Plan, as well as discuss recent State legislation (e.g., AB32, etc.) and/or case law that may apply to this project. This section will also include a summary of the thresholds and air quality constraints for development of the property. 4. BIOLOGICAL RESOURCES The proposed project would impact sensitive habitats and sensitive plant and animal species. Remediation activities would cause ground disturbance, leading to loss of vegetation, wetlands, wildlife habitat, and special-status species populations. In addition, indirect impacts associated with noise, dust, soil erosion, and human presence may occur. Impacts to vegetation, wetlands, wildlife habitat, and special-status species may occur within various clean-up sites, on-site borrow sources, staging/stockpile areas, and associated access routes. Redevelopment activities would result in permanent impacts to rare plant areas, vernal pool fairy shrimp habitat, and wetlands on the project site. In addition, indirect impacts to wildlife would occur due to construction activities (i.e., City and County of San Luis Obispo NOTICE OF PREPARATION 5 noise, dust, poor air quality, etc.). The EIR will include peer review of biological survey reports to determine their adequacy. The biological resource analysis will include identification of all rare, threatened and/or endangered as well as other sensitive, unique or important plant and animal species on- and off-site which could potentially be affected by the proposed project. Mapping that illustrates the location of sensitive habitats and rare, threatened, and/or endangered species will also be included. 5. CULTURAL RESOURCES The project is located in an area that would be considered culturally sensitive due to presence of archaeological and historical elements. Historic artifacts were identified on the project site during a Phase I archeological survey. The EIR analysis for cultural resources will be completed by a qualified archaeologist and historian and will include peer review of the Phase I surface survey, evaluation and discussion of the cultural importance of any on-site and surrounding cultural resources, and review of geologic formations and proposed grading to discuss potential impacts to paleontological resources. 6. GEOLOGY AND SOILS The project site is located in a seismically active region and the proposed structures would likely be subjected to seismic shaking during the life of the project. The area proposed for development is within the 100-year Flood Hazard designation. Acacia Creek runs along the southeastern boundary of the project site. The EIR analysis will be prepared by a Registered Engineering geologist and will address impacts resulting from the physical characteristics of the site including underlying formations, faulting, slope stability, potential liquefaction hazards, potential landslide hazards, and flood hazards. The analysis will include evaluation and discussion of the geologic features of the site and surrounding area that may have a significant adverse impact on the development of the project. Impacts associated with topographical alteration (or saturation of soil, as applicable) including stability of roads, cut slopes, fill slopes, drainage structures, and other improvements will also be evaluated. Mapping of significant areas that pose geologic hazards will be included. The EIR section will also contain analysis of impacts relating to drainage, erosion, and sedimentation. A registered engineer will peer review existing data submitted by the applicant, and evaluate potentially significant impacts, and what if any additional technical work is necessary to complete the analysis. The analysis will include identification and mapping of significant drainage courses and watersheds, of all areas within the project boundaries that currently experience drainage and/or flooding conditions, and of all areas that could potentially be adversely affected by drainage, erosion, or sedimentation impacts resulting from the development the proposed project. City and County of San Luis Obispo NOTICE OF PREPARATION 6 7. HAZARDS AND HAZARDOUS MATERIALS Portions of the project site are under risk of flooding hazards due to their location within the 100-year flood zone. Existing conditions at the project site include the presence of petroleum hydrocarbon-containing soil and groundwater. Additionally, elevated concentrations of lead and arsenic have been identified in the northwestern corner of the project site. Petroleum surface expressions are located at several locations at the project site and have been identified as a hazard to wildlife. The project site is located within San Luis Obispo Airport Land Use Plan (ALUP) and therefore is subject to planning policies and regulations governing safety. The requirements of the ALUP are applicable to the entire project site. Both the AASP and the SLO County Regional ALUP designate the majority of land in the two most restrictive safety areas on the project site as Open Space. Chevron proposes to maintain open space uses under the airport approach and departure paths to avoid potential risks to aircraft entering and exiting the airport. The proposed designation of the areas of open space land use would be compatible with the ALUP’s safety restrictions. Much of the project site is located within grassland areas with a moderate fire hazard. EIR analysis will include peer review to determine if supplemental field work is necessary, evaluation of existing project conditions, identification of any sensitive receptors (human and biological) relating to hazardous materials/wastes, and an evaluation of impacts associated with proposed removal, storage, and use of hazardous materials. 8. NOISE Remediation and restoration activities at the project site would result in short-term impacts consisting of temporary noise generated by construction equipment. These activities would have little effect on noise-sensitive receptors with the exception of areas on the eastern fringes near the mobile home park north of the intersection of Tank Farm Road and Santa Fe Road. Chevron anticipates that blasting will be needed to break up rock materials in the northeastern section of the property. Noise and ground-borne vibration generated by construction activity includes the operation of heavy equipment. However, noise generated during these activities is not expected to be consistently sustained and would generally be episodic. Short-term noise impacts resulting from redevelopment activities would be similar in nature to those of the remediation and restoration phase of the project (i.e., temporary noise impacts associated with construction equipment). Construction noise impacts, although temporary, may be considered significant during redevelopment of the portion of the project site near the mobile home park. City and County of San Luis Obispo NOTICE OF PREPARATION 7 Long-term transportation noise generation may rise slightly along Tank Farm Road with build-out of the proposed commercial/industrial land use development. Proposed land use redevelopment does not involve placing residential land uses within the Tank Farm property itself; therefore, no new sensitive noise receptors would be placed within noise contours exceeding applicable noise standards. Stationary noise sources constructed as part of build-out of the proposed land uses could potentially affect nearby existing residences depending on the future build-out scenario and specific land uses. An analysis of noise impacts shall be accomplished by a qualified person experienced in the field of environmental noise assessment and will include identifying all loud noise sources from construction and operational aspects of the project, specifying decibel levels, and identifying all sensitive noise receptors around the proposed development and along transportation routes. 9. POPULATION AND HOUSING The proposed project would not result in the construction of new residences at the project site. The 800,000 square feet of commercial/industrial development has the potential to result in a need for a significant amount of new housing. The project will not result in a population increase in the project area, as no residential land uses are proposed. In terms of energy demand, the proposed project will result in a short-term increase in energy usage in the form of fuel to operate construction equipment and vehicles during both phases. No significant short-term impact is anticipated. With build-out of the proposed land use, there would be the potential for a long-term incremental increase in electricity and natural gas usage. The analysis of population/housing impacts will include a comparison to project impacts, an evaluation of the efficiency of energy-using activities and what, if any efficiency improvements can be made, and an evaluation of housing demands/impacts during the construction and operational phases of the project. 10. PUBLIC SERVICE AND UTILITIES Remediation activities and construction of the proposed land uses would increase traffic on nearby roadways, the possibility of vandalism and theft of construction materials and equipment, and water demand needed used for dust suppression and soil conditioning. The project would not require closing any roads. Wastewater systems would not be affected as workers would be required to use chemical toilets on-site. Solid waste collection would be provided by San Luis Garbage. During the remediation phase, contaminated soil is anticipated to be hauled to the Santa Maria Landfill for disposal. Police protection services for the project site would be provided by the local police departments. Water would be obtained from existing on-site water supply wells. The limited amount of new land use development is not anticipated to create a significant burden on fire, police, wastewater, or solid waste services in the City; however, any new projects would pay required development fees to support ongoing efforts to maintain effective levels of public services and utilities in the City. Build-out of the proposed land City and County of San Luis Obispo NOTICE OF PREPARATION 8 uses on the Tank Farm property would create an incrementally higher demand for these services. Additionally, the proposed redevelopment would not have a substantial impact on area schools as no residential uses are proposed and no significant influx of population would occur. The EIR analysis of public services and utilities will include an evaluation and discussion of the past and present status of police, fire, and school services in the project area, including staffing levels; identification and discussion of significant impacts to public services, or resulting from inadequate public services, that could result from the development of the project; evaluation and discussion of the solid waste to be generated from construction and operational aspects of the project, and the ability of existing landfill(s) to accept this waste; and discussion of existing recycling requirements and targets, and how the project can achieve these. 11. TRANSPORTATION AND CIRCULATION Tank Farm Road would be utilized for access to the project site and for the importation of materials and equipment and the export of contaminated soils. Construction traffic would access the project site via driveways on the north and south sides of Tank Farm Road. A traffic study report was prepared for the short-term remediation activities (ATE, 2007). The EIR analysis will be performed by a registered Engineer with expertise in traffic, and will include identification of the existing traffic capacity and load on key roadways; identification and an evaluation of existing construction and operational traffic safety issues; analysis of traffic impacts resulting from changes in land use acreage and locations, proposed circulation changes, and the restoration effort following the City’s Traffic Impact Analysis Guidelines; a select zone analysis per Caltrans’ Guidelines for the Preparation of Traffic Impacts Studies; and an analysis of intersections and interchanges. 12. WASTEWATER The City development option proposes to use a community system which has the capacity to handle the project’s additional effluent. The County development option proposes to use an on-site system as a means to dispose of wastewater. Due to the size of the development, it is expected that adequate area will be available for the smaller on-site septic system. On-site wastewater treatment systems proposed under the County development option would require approval by the Regional Water Quality Control Board and the County Environmental Health Services Division. The EIR analysis will discuss the existing regulations applicable to both development scenarios (i.e., on-site wastewater disposal and wastewater disposal through the City’s treatment facility), and will identify and discuss any potential constraints for an on-site septic system, and/or impacts to surrounding development or groundwater resources. City and County of San Luis Obispo NOTICE OF PREPARATION 9 13. WATER The project will use either existing City water services or use on-site wells as the water source. The surface of the Tank Farm property has been substantially reconfigured as a result of its former use as a crude oil storage tank farm. The result of this reconfiguration was the creation of a large number of closed depressions, which accumulate water during the wet season and store it for up to several months. As a result of this extended submergence, areas of the Tank Farm have been designated as wetlands. Remediation and restoration actives would occur in close proximity to surface water sources, including existing wetland areas, Acacia Creek, and the east fork of San Luis Obispo Creek. The EIR analysis will address impacts to both water availability as well as water quality. The water availability analysis will include current and future projections of the project’s water demands over the 25-year phasing period; evaluation and discussion of on-site water availability, including feasibility of individual on-site wells, to supply proposed water demand under the County development scenario, sustained pumping capacities of existing on-site wells, investigation of draw down (if any) of other wells on-site and wells on neighboring properties; evaluation and discussion of the long-term capability of the ground water basin(s) to provide adequate quantities of water, and the potential for subsidence; analysis of existing and potential water quality impacts; evaluation and discussion of potential impacts on neighboring wells as a result of on site water requirements. The EIR analysis relating to water quality will include evaluation and discussion of past and present potable water quality in the area of the project site; identification and discussion of the potential for potable water contamination to occur as a result of surface water runoff, overdrafting of aquifer(s), topographical alteration, and development; identification of nearby watercourses and their potential to support sensitive aquatic life; and an evaluation of project’s impacts on surface water quality as it relates to any sensitive resources identified. 14. LAND USE Surrounding land uses include agricultural and industrial uses and residential areas. The project site is currently located within the jurisdiction of the County of San Luis Obispo; however, it is also included in the AASP for future incorporation into the City’s jurisdiction. The remediation/restoration phase of the project would be performed under the jurisdiction of the County. Under the City development option, the project site would be annexed into the City’s jurisdiction. Under the County development option, the redevelopment of portions of the project site would occur under County jurisdiction. The proposed project would require amendments to the County General Plan, the Airport Area Specific Plan, and the City’s General Plan Land Use Policy map. The EIR analysis will be performed by a qualified land use planner and will include an evaluation and discussion of the proposed project as it relates to all applicable elements of the City’s and the County’s General Plan. City and County of San Luis Obispo NOTICE OF PREPARATION City of San Luis Obispo, County of San Luis Obispo – Chevron Restoration and Redevelopment ATTACHMENT A Initial Study County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 1 CITY/COUNTY OF SAN LUIS OBISPO INITIAL STUDY SUMMARY - ENVIRONMENTAL CHECKLIST ver 2.1) Project Title & No. Chevron Tank Farm Restoration and Redevelopment Project ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The proposed project could have a Potentially Significant Impact" for at least one of the environmental factors checked below. Please refer to the attached pages for discussion on mitigation measures or project revisions to either reduce these impacts to less than significant levels or require further study. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards/Hazardous Materials Noise Population/Housing Public Services/Utilities Recreation Transportation/Circulation Wastewater Water Land Use DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation, the City and the County find that: The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by (Print) Signature Date John Nall and Kim Murry County/City Project Managers Reviewed by (Print) Signature (for) Date County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 2 Project Environmental Analysis The City and County's environmental review process incorporates all of the requirements for completing the Initial Study as required by the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Initial Study includes staff's on-site inspection of the project site and surroundings and a detailed review of the information in the file for the project. In addition, available background information is reviewed for each project. Relevant information regarding soil types and characteristics, geologic information, significant vegetation and/or wildlife resources, water availability, wastewater disposal services, existing land uses and surrounding land use categories and other information relevant to the environmental review process are evaluated for each project. Exhibit A includes the references used, as well as the agencies or groups that were contacted as a part of the Initial Study. The Environmental Division uses the checklist to summarize the results of the research accomplished during the initial environmental review of the project. Persons, agencies or organizations interested in obtaining more information regarding the environmental review process for a project should contact the County of San Luis Obispo Environmental Division, Rm. 200, County Government Center, San Luis Obispo, CA, 93408-2040 or call (805) 781-5600. A. PROJECT DESCRIPTION: Request by Chevron Environmental Management Company for a County of San Luis Obispo (County) General Plan Amendment, Conditional Use Permit issued by the County, Airport Area Specific Plan Amendment, an amendment of the City’s General Plan Land Use Policy map, and a Conditional Use Permit issued by the City to allow for restoration and redevelopment of the former 332-acre San Luis Obispo Oil Tank Farm property (project site). The project is located at 276 Tank Farm Road, approximately 1.5 miles south of the city of San Luis Obispo in an unincorporated area of San Luis Obispo County, in the County planning area of San Luis Obispo. From 1910 until the late 1980s the Chevron Tank Farm site was used as an oil storage and distribution facility. Most of the infrastructure that was used to store and transport oil has either been removed or is inoperable. The site is largely unused, expect for caretaker activities and a few buildings that formerly housed Chevron’s Central Coast staff. Chevron no longer requires the use of this land for its oil production operations, and proposes to convert the property to uses that include commercial and industrial uses and open space. On April 7, 1926, a lightning strike ignited a major fire at the Tank Farm, destroying many of the tanks and reservoirs. As a result of the fire, heated oil flowed out of the reservoirs and onto the ground surrounding the tanks by a combination of burning embers and boil-overs. This release is considered responsible for most of the numerous surface occurrences (i.e., expressions) of highly weathered and burned petroleum that cover the ground in topographically low areas of the Tank Farm. The Tank Farm site has been identified by the City for possible annexation given its proximity to existing City boundaries, existing industrial uses, and the San Luis Obispo County Regional Airport. Chevron is currently in the process of proposing a Development Agreement for consideration by the City Council in association with a potential annexation of the site. In the event the City Council ultimately authorizes the negotiation of a Development Agreement, the process for adoption of such an agreement and the annexation of the site would be lengthy and complicated and would require the approval of several long-term development and phasing plans. Given the nature of the Development Agreement and annexation processes, Chevron has decided to file a land division map application with both the County and City. As such, Chevron is proposing two separate development options, one consistent with County regulations, and one consistent with City regulations. The objective of the dual project approach by Chevron is to provide an alternative development option in the event the review and approval process for annexation is unsuccessful or does not meet Chevron’s needs. Approved development would be under either County or City jurisdiction, or following approval of County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 3 amendments given that the proposed project would require amendments to the General Plan and Airport Area Specific Plan (AASP). The project will be simultaneously processed in both City and County jurisdictions. The City and County will serve in a capacity of CEQA co-lead agencies in processing the project and preparation of an Environmental Impact Report. The project consists of two principal components. The first component is remediation and restoration of the site, which includes various risk management activities such as demolition of existing buildings, top soil excavation, site re-contouring, excavation and capping, and mitigation of existing impacts to wetland and rare plant habitats and the unavoidable impact resulting from implementing the remedial actions. Re-contouring will be done mostly using on-site materials. The principal borrow source for soil materials will be the former quarry site known as the Flower Mound located in the northeastern corner of the project site. This area is comprised of metavolcanic rocks and serpentinite. It is anticipated that this area will need to be blasted in order to break up and access this material. San Luis Obispo City Development Option The following is proposed under the City development option: 27 acres with approximately 433,000 square feet of floor space for business park land; 26 acres with approximately 370,000 square feet for Service and Manufacturing uses; 265 acres designated as open space on both sides of Tank Farm Road. 250 acres would be used for open space and environmental mitigation. The remaining 15 acres would be used for active sports fields; 14 acres would be used for streets, sidewalks, and other frontage improvements; and, The City of San Luis Obispo would provide water, sewer, and public services such as police and fire. The City is in the process of installing a sewer trunk line in Tank Farm along the property’s frontage. Chevron would extend the water main and utilities to the developable areas. The City option would require amendments to the Airport Area Specific Plan, adding amendments to the City’s General Plan Land Use Policy map, a subdivision of existing parcels, annexation of the property by the City, architectural review, adoption of a Development Agreement with the City, and environmental review. San Luis Obispo County Development Option The following is proposed under the County development option: 27 acres with approximately 370,00 square feet of floor space for commercial services; 26 acres with approximately 433,000 square feet for industrial uses; 250 acres would be used for open space and environmental mitigation and 11 acres for sports fields; 4 acres for a wastewater treatment facility. Water and sewer would be provided by on-site wells and the on-site wastewater treatment facility; 14 acres would be used for streets, sidewalks, and other frontage improvements; Cal Fire would provide fire protection services, County Sheriff would provide police services, and utilities would be provided by existing area service providers. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 4 The County option would require an amendment of the County General Plan, a subdivision of existing parcels, a Conditional Use Permit, adoption of a Development Agreement with the County, and environmental review. ASSESSOR PARCEL NUMBER(S): 076-351-061 & -062; 076- 381-021; 076-382-005; 076- 383-001 & -002 SUPERVISORIAL DISTRICT # 1 B. EXISTING SETTING PLANNING AREA: San Luis Obispo, LAND USE CATEGORY: Recreation, Commercial Service, Industrial COMBINING DESIGNATION(S): None EXISTING USES: Undeveloped , commercial use TOPOGRAPHY: Nearly level to steeply sloping VEGETATION: Grasses , wetland , riparian , forbs, ornamental landscaping PARCEL SIZE: 332 acres SURROUNDING LAND USE CATEGORIES AND USES: North: Industrial; agricultural uses East: Industrial; residential South: Agriculture; West: Agriculture; industrial uses C. ENVIRONMENTAL ANALYSIS During the Initial Study process, several issues were identified as having potentially significant environmental effects (see following Initial Study). Those potentially significant items associated with the proposed uses can be minimized to less than significant levels. CITY/COUNTY OF SAN LUIS OBISPO INITIAL STUDY CHECKLIST 1. AESTHETICS - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable a) Create an aesthetically incompatible site open to public view? b) Introduce a use within a scenic view open to public view? c) Change the visual character of an area? County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 5 1. AESTHETICS - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable d) Create glare or night lighting, which may affect surrounding areas? e) Impact unique geological or physical features? f) Other: Setting. The project site is located to the north and south of Tank Farm Road between South Higuera Street and Broad Street/State Route 227. The immediate area consists of nearly level to steeply sloping topography dominated by commercial and residential developments and undeveloped areas. Development within the surrounding area includes light and industrial development, the San Luis Obispo Regional Airport, agricultural land with scattered residences, and a residential mobile home park. The area proposed for development is on nearly level land at elevations between approximately 130 and 180 feet above sea level. Building development under both the City and County development options would cover approximately 800,000 square feet and be concentrated in the northeast corner of the property near Tank Farm Road and on the western boundary of the project site just north of Tank Farm Road. The primary viewing corridors include U.S. Highway 101, Broad Street/State Route 227, Tank Farm Road, Buckley Road, and the Union Pacific Railroad corridor. With the exception of Tank Farm and Buckley Roads, all the roadways and the Union Pacific Railroad corridor are identified as scenic corridors in the City of San Luis Obispo. The City development option would be subject to design guidelines in the Airport Area Specific Plan AASP) and Community Design Guidelines. The County development option would be subject to guidelines presented in the County’s Inland Area Framework for Planning, the County’s Agriculture and Open Space Element, the County’s San Luis Obispo Area Plan, and the County’s Title 22 – Land Use Ordinance. Impact. The first phase of the project would include remediation and restoration activities across the site, which would require the temporary use of heavy equipment. The second phase would include development of commercial and industrial buildings covering approximately 800,000 square feet. Under the City development option, the development project would include 53 acres with approximately 800,000 square feet of floor space for business park land and Service and Manufacturing uses; 250 acres for open space and environmental mitigation; 15 acres for active sports fields; and, 14 acres for streets, sidewalks, and other frontage improvements. Under the County development option, the development project would include 53 acres with approximately 800,000 square feet of floor space for commercial and industrial services; 250 acres of open space and environmental mitigation; four acres for a wastewater treatment facility; 11 acres for sports fields; and 14 acres for streets, sidewalks, and other frontage improvements. The project would be visible from Tank Farm Road between South Higuera Street and Broad Street. The project would also be visible from Broad Street, Highway 101, and Buckley Road, as well as from a number of accessory roads located around the perimeter of the project area. The project would have the potential to silhouette against the South Street Hills to the north of the project site as viewed from Tank Farm Road. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 6 Short-term impacts to visual quality of the project site as viewed from Tank Farm Road would result from construction activities during the remediation and restoration phase of the proposed project. This phase would not affect the visual quality of the project site over the long-term. Build-out of the development phase would result in changes in the visual character of the project site from a semi-rural setting to a more urban and developed setting. The development would also result in an increase in daytime/nighttime light and glare within the area. These increases would be the result of new lighting at the proposed commercial areas, business parks, and new park facilities. Development of these sites would increase the amount of light and glare resulting from additional parking lots, building lights, and streetlights. Potential temporary and permanent aesthetic impacts may occur during the restoration and redevelopment phases of the project. Mitigation/Action Required. Due to the potentially significant impacts to public views, a viewshed analysis from the highway and major roads shall be prepared by qualified persons and shall include, but not be limited to, the following: 1. Development of ratings and recommendations for the assignment of aesthetic values to protect views from Tank Farm Road, Highway 101, Broad Street, South Higuera, and Buckely Road, and to identify other, if any, potentially significant key viewing areas. 2. Visual simulations of the proposed development. 3. Evaluation of night lighting 4. Evaluate the cumulative effects of this project combined with other similar requests. 5. Recommendation and discussion of adequate and feasible mitigation measures, if any, to ensure that visual resources are adequately protected. 2. AGRICULTURAL RESOURCES Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable a) Convert prime agricultural land to non-agricultural use? b) Impair agricultural use of other property or result in conversion to other uses? c) Conflict with existing zoning or Williamson Act program? d) Other: Setting. The soil types are as follows: Xererts-Xerolls-Urban land complex (0 – 15% slopes). This complex consists of nearly level to strongly sloping soils and miscellaneous areas covered by urban structures. The soil materials of this complex have been modified by earthmoving equipment or covered by urban structures. These soils are poorly drained. The soil has unrated erodibility and unrated shrink-swell characteristics, as well as having unrated septic system constraints. The soil is considered Class is not rated without irrigation and Class is not rated when irrigated. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 7 Concepion loam (2 – 5% slope). The Concepcion series consists of deep, moderately well drained soils that formed in weakly consolidated stratified alluvium or wind-deposited sandy material. The soil has low erodibilty and high shrink-swell characteristics and as well as having potential septic system constraints due to very slow permeability. The soil is considered Class III without irrigation and Class III when irrigated. Marimel sandy clay loam (occasionally flooded). The Marimel series consists of deep, somewhat poorly drained soils that formed in alluvium weathered from sedimentary rock. Marimel soils are on flood plains, alluvial fans and in valleys and have slopes of 0 to 9 percent. The soils are moderately permeable, have low strength and moderate shrink-swell potential. The soil has potential development constraints due to a high water table and hazard of occasional flooding. The soil is considered Class III without irrigation and Class III when irrigated. Gazos-Lodo clay loams (30 – 50% slopes). Gazos. This series consists of moderately deep to bedrock, well drained soils that formed in material weathered from sandstone and shale. Gazos soils are on hills and have slopes of 9 to 75 percent. This soil has high erodibility. Lodo. This steeply to very steeply sloping soil is considered very poorly drained. The soil has moderate erodibility and moderate shrink-swell characteristics, as well as having potential septic system constraints due to: steep slopes and shallow depth to bedrock. The Gazos-Lodo soil series has potential development constraints due to slow permeability and shallow depth to bedrock. The Gazos-Lodo soil series is not rated without irrigation and is rated Class VI when irrigated. Cropley clay (0 – 2% slopes). The Cropley series consists of deep, moderately well, and well drained soils that formed in alluvium. Cropley soils are on fans and flood plains and have slopes of 0 to 15 percent. The soil has low erodibilty and high shrink-swell characteristics and as well as having potential septic system constraints due to slow permeability. The soil is considered Class III without irrigation and Class II when irrigated. Much of the surrounding project area is currently developed as semi-rural areas with a mix of agricultural and grazing land. This open agricultural land comprises most of the project area and its vicinity and is located within the Urban Reserve Line of the city of San Luis Obispo. No lands at the project site are under Williamson Act contracts. Agricultural productivity on the project site is limited due to oil contamination which resulted from the 1926 fire. Most of the site is suitable for grazing and grazing is currently undertaken on the project site and on lands to the south. Impact. Grazing on the project site would likely cease during the remediation and restoration phase of the project. Areas of proposed building development for both the City and County development options are in locations where the soil has been contaminated and therefore does not qualify as having characteristics of prime soil or having agricultural value. Existing grazing activities may cease under the proposed project. Although the areas not proposed for development would not be permanently converted to urban uses, they will be permanently preserved for wetland and special- status species mitigation. Because contaminated areas do not meet criteria for prime or special-status farmland, the proposed project would not result in significant impacts to agricultural resources resulting from the loss of these soils. Furthermore, there would not be a conflict with adopted plans and policies governing the area’s agricultural areas. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 8 Mitigation/Action Required. Due to the potentially significant impacts to agricultural resources, additional analysis is needed by a qualified individual. The agricultural resource analysis should include, but not be limited to, the following: 1. Consultation with the County Agricultural Commissioner's Office, County Planning & Building Ag Preserve Program), and the California Department of Food and Agriculture, Department of Conservation (Williamson Act). 2. A description of the existing and historical agricultural setting, uses and practices. 3. A description of adjacent and regional agricultural uses. "Regional" will need to be defined as a "study area" by the consultant, in consultation with the County Agricultural Commissioner's Office and the State Department of Food and Agriculture. 4. A description of the agricultural suitability of the site, including soil types, soil capabilities, and the productivity of agricultural soils both for irrigated and non irrigated uses, and an analysis of crops and livestock uses suited to the site. 5. Discussion of City’s General Plan and the County’s LUO and Ag & Open Space Element is this project relates to impacts on agriculture. 6. Evaluation of the potential adverse impacts to agricultural capability resulting from the project. 7. Evaluation of the potential for smaller agricultural parcels to convert to rural residential type uses and the resulting impacts to the agricultural capability of those and adjacent agricultural parcels. 8. Evaluation of the potential for the loss of agriculturally productive soils as a result of development. 9. Conduct a cumulative assessment of agriculture in the area. 10. Recommendation and discussion of adequate and feasible mitigation measures, if any, to ensure that agricultural resources are adequately protected. 3. AIR QUALITY - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable a) Violate any state or federal ambient air quality standard, or exceed air quality emission thresholds as established by County Air Pollution Control District? b) Expose any sensitive receptor to substantial air pollutant concentrations? c) Create or subject individuals to objectionable odors? d) Be inconsistent with the District’s Clean Air Plan? e) Other: Setting. The project site is within the South Central Coast Air Basin, which is currently considered by the state as being in “non-attainment” (i.e., exceeding acceptable thresholds) for particulate matter PM10, or fugitive dust). The project is nearest to the South Higuera Street Air Quality Monitoring Station. Based on monitoring data collected in 2005 and 2006, this station did not exceed state County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 9 standards for ozone and exceeded state standards for PM10 on one day. The Air Pollution Control District (APCD) has developed the 2003 CEQA Air Quality Handbook to evaluate project specific impacts and help determine if air quality mitigation measures are needed, or if potentially significant impacts could result. To evaluate long-term emissions, cumulative effects, and establish countywide programs to reach acceptable air quality levels, a Clean Air Plan has been adopted (prepared by APCD). Impact. Air quality impacts during construction of both the City and County development options would include: the creation of fugitive dust (PM10), the potential release of asbestos and lead-based paint dust during demolition and removal of buildings, the potential release of naturally occurring asbestos during grading/placement of fill, increased vehicle emissions, and objectionable odors. The project will also generate greenhouse gases. The following list of impact areas would need further evaluation. Nearby Residences. A portion of the proposed project site is located adjacent to a mobile home park. Residential areas are sensitive to air pollution, including both construction and operational emissions. Fugitive Dust (PM10). Implementation of the proposed project would result in the generation of dust, potentially affecting local residents and agriculture in close proximity to the project site. Dust complaints could result in violation of the APCD’s nuisance rules. This project activity is considered having a potentially significant impact to air quality. Material-Containing Asbestos. Asbestos-containing materials could be encountered during the demolition of existing buildings. Asbestos can also be found in utility pipes/pipelines. If asbestos is present in on-site structures, proposed demolition activities would result in a release of asbestos, and a potentially significant air quality impact. Naturally-Occurring Asbestos. The project site is located in an area containing potential naturally occurring asbestos, serpentine or ultramafic rock. The State Air Resources Board considers asbestos a toxic air contaminant. If asbestos is present within the soil underlying the project site, future grading and site disturbance activities into native material could release the asbestos into the air, resulting in a potentially significant air quality impact. Lead-Based Paint. Lead-based paint in the form of dust could be released during demolition activities. Lead is a highly toxic metal that can be found in older buildings and may cause a range of deleterious health effects. Operational Impacts. Long-term air quality impacts would result primarily from an incremental increase in emissions generated by the operation of motor vehicles as a result of generation of new vehicle trips from project build-out, and by natural gas combustion and electricity consumption. Odors. During the remediation and restoration phase of the project, excavation of petroleum- hydrocarbon contaminated soil will result in exposure to the air, which may potentially cause objectionable odors. Global Warming. Evaluation of the proposed remediation and development project’s contribution to global warming. The proposed project would have potentially significant effects on air quality in and near the project site. Mitigation/Action Required. Due to the project’s potential impacts to air quality and that San Luis Obispo County has been designated non-attainment for PM10 (fine particulate), additional analysis of County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 10 air quality impacts shall be accomplished by a qualified air quality specialist and shall include, but not necessarily be limited to, the following: 1. Consultation with the Air Pollution Control District. 2. A description of the existing air quality in the project area, including: a. Discussion of applicable State and Federal air quality standards. b. Local climate and air pollution meteorology. c. Local trends and patterns of air pollutant concentrations including air quality monitoring data from local monitoring stations. 3. Discussion of State and Federal attainment status and current air quality planning efforts within the County. 4. Discussion of County air quality policies relative to development, using thresholds of significance derived from the adopted Clean Air Plan, as well as discussion of recent State legislation (e.g., AB32, etc.) and/or case law that may apply to this project. 5. Summary of the thresholds and air quality constraints for development of the property. 6. Recommendation and discussion of adequate and feasible mitigation measures, if any, to address project specific and cumulative air quality impacts. 4. BIOLOGICAL RESOURCES - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable a) Result in a loss of unique or special status species or their habitats? b) Reduce the extent, diversity or quality of native or other important vegetation? c) Impact wetland or riparian habitat? d) Introduce barriers to movement of resident or migratory fish or wildlife species, or factors, which could hinder the normal activities of wildlife? e) Other: Setting. The following habitats were observed on the proposed project: Grasses , wetland , riparian Several biological reports have been prepared for the project, including restoration plan documents WSP, 2007a; WSP, 2007b), wetland delineations (JENESIS, 2003; EDAW, 1999), biological resource studies (Rincon, 2003-2004), and vernal pool fairy shrimp surveys (Rincon, 2005). Based on the California Diversity Database (CNDDB, 2007), and other biological references, the following is a list of sensitive vegetation, wildlife, and habitat that have been identified within the project area or as potentially being within the vicinity of the proposed project: Plants - Condgon’s tarplant (Centromadia parryi ssp. congdonii). Congdon’s tarplant, a CNPS List 1B species, is a prostrate to erect spiny-herbaceous annual herb in the sunflower family Asteraceae). It is typically found in alkaline or clay soils associated with seasonally wet valley and foothill grasslands and is known to occur in the San Francisco Bay area, northern Monterey County, and San Luis Obispo County. This species generally County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 11 blooms from June to November. This species is generally found growing in topographic low areas and swales within wetland habitat on the Tank Farm Property. Hoover’s button-celery (Eryngium aristatulum var. hooveri). Hoover’s button-celery is an ascending to erect annual/perennial herb in the carrot family (Apiaceae) and is a CNPS List 1B species. This species arises from a taproot and has sharply toothed stem leaves and small white flowers. This species generally blooms in July and typically occurs in vernal pools and low-lying areas within wetland habitat. Hoover’s button- celery is known to occur in Alameda and San Luis Obispo Counties and historically has been collected in San Benito and Santa Clara Counties. This species was found in a very similar ecological niche as Congdon’s tarplant. San Luis Obispo County morning-glory (Calystegia subacaulis ssp. subacaulis). San Luis Obispo County morning-glory, a CNPS List 1B species, is a perennial herb in the morning-glory family (Convolvulaceae) that has trailing or sometimes weakly twining stems. This species typically blooms from April to June and has a cream colored, funnel-shaped flower. San Luis Obispo County morning-glory primarily occurs in grassland and dry open scrub including chaparral and cismontane woodland, and is known to occur only in San Luis Obispo County. This species was wide spread and abundant throughout annual grassland areas of the Tank Farm Property. Obispo Indian paintbrush (Castilleja densiflora ssp. obispoensis). Obispo Indian paintbrush is a CNPS list 1B species. This annual herb in the figwort family (Scrophulariaceae) has white to pale yellow flowers and typically blooms from March through June. This species generally occurs in valley and foothill grasslands, meadows and seeps, often associated with serpentine soils. Obispo Indian paintbrush is endemic to San Luis Obispo County. The project site contains habitat suitable to support Obispo Indian paintbrush; however, the species was not observed during the field surveys (Rincon, 2003; Padre, 2007). The County believes that Obispo Indian paintbrush occurs within the Tank Farm Property; however, sightings have not been confirmed to date. San Luis Obispo serpentine dudleya (Dudleya abramsii ssp. bettinae). San Luis Obispo serpentine dudleya is a perennial herb in the stonecrop family (Crassulaceae). This species has fleshy leaves, pale-yellow, purple-tinged flowers, and typically blooms from May through July. This species occurs on rock outcrops in serpentine grasslands and was observed within the rock outcrop in the northeastern corner of the project site Padre, 2007). However, this population of San Luis Obispo serpentine dudleya was observed after its typical blooming period and therefore, the extent of this population has not been determined. Extensive botanical surveys have been conducted over several seasons throughout the project site. Although potential habitat exists for Brewer’s spineflower, San Luis Obispo mariposa lily, San Luis mariposa lily, adobe sanicle, Coulter’s goldfields, caper-fruited tripodocarpum, Jones’ layia, pale- yellow layia, marsh sandwort, round-leaved filaree, saline clover, San Joaquin spearscale, Blochman’s dudleya, San Luis Obispo dudleya, and shining navarretia, none of these species have been detected within the project site during field surveys. Therefore, these species are not expected to occur within the project site. Wildlife - California linderiella (Linderiella occidentalis), Longhorn fairy shrimp (Branchinecta longiantenna), Vernal pool fairy shrimp (Branchinecta lynchi). These three fairy shrimp are aquatic species in the family Branchinectidae. All three have delicate elongate bodies, large stalked compound eyes, no carapaces, and eleven pairs of swimming legs. Fairy shrimp are known to occur in neutral to slightly alkaline vernal pools County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 12 throughout the California Central Valley and in rock outcrop and vernal pools along the Interior Coast Ranges, south of the Sacramento River Delta. The project site has been the subject of wet and dry season fairy shrimp presence/absence survey protocol, conducted by Rincon Consultants, Inc. (Rincon), over a three-year period from 2003 through 2005. A total of 86 seasonal wetland features have been identified and surveyed to determine if the federally threatened vernal pool fairy shrimp (VPFS) occur using dry season sampling, wet season sampling, or both wet and dry season survey efforts. As a result of completing the wet/dry season survey protocol, 60 of the 86 pools sampled have either recorded positive identification of Brachninecta lynchi or are assumed to support the species based on observed hydrological connectivity to occupied pools (Rincon, 2005). California linderiella, a federal species of concern, tend to live in large, fairly clear vernal pools and lakes. They have been found in very small pools and are tolerant of water temperatures from 41° to 85° F, making them the most tolerant fairy shrimp of the three listed above. California linderiella were not observed during fairy shrimp surveys and therefore are not expected to occur within the Tank Farm Property. Longhorn fairy shrimp, a federally endangered species, tend to inhabit clear to rather turbid vernal pools. The longhorn fairy shrimp is known only from disjunct populations along the eastern margin of the central Coast Range from Concord to Contra Costa County south to Soda Lake in San Luis Obispo County. Regionally, they have been found in clear-water depressions in claypan pools around Soda Lake, San Luis Obispo County. Longhorn fairy shrimp were not detected during fairy shrimp surveys and therefore are not expected to occur within the Tank Farm Property. San Luis Obispo pyrg (Pyrgulopsis taylori). The San Luis Obispo pyrg is a tiny gastropod that exists in freshwater habitats San Luis Obispo County. Pyrgulopsis species (i.e., springsnails or pyrgs) live in springs and other permanent waters that are poorly integrated on arid western landscapes. Pyrgulopsis spp. are gill-breathing animals that have an entirely aquatic life cycle. It is assumed that most species of this genus are restricted to a single spring, spring complex, or local watershed due to their direct mode of development (i.e., lack of a free swimming dispersal phase). San Luis Obispo pyrg has been identified in San Luis Obispo Creek, near Cuesta Pass; however, due to the lack of permanent waters within the project site or adjacent Acacia Creek and the east fork of San Luis Obispo Creek the potential for San Luis Obispo pyrg to occur is considered low. South-central California coast steelhead (Oncorhynchus mykiss irideus). Steelhead are an anadromous form of rainbow trout that reproduce in freshwater, but spend much of their life cycle in the ocean, where increased prey density provides a greater growth rate and size. Steelhead have been divided into 15 evolutionary significant units (ESU) based on similarity in life history, location, and genetic markers. The south-central California coast ESU includes all naturally spawned populations of steelhead (and their progeny) in streams from the Pajaro River (inclusive) to, but not including the Santa Maria River, California. The south-central California coast ESU was listed as threatened by the NOAA Fisheries on August 18, 1997. Both Acacia Creek and the east fork of San Luis Obispo Creek are tributaries to San Luis Obispo Creek which is historically known to contain steelhead. In addition, steelhead have been observed within Acacia Creek directly upstream of the Tank Farm Property during the culvert replacement along Tank Farm Road in 2003 (Chevron, 2007). Based on previous occurrences and connectivity to San Luis Obispo Creek, potential exists for steelhead to periodically transit Acacia Creek and the east fork of San Luis Obispo Creek for the purposes of spawning upstream during periods of heavy stream flow. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 13 California red-legged frog (Rana aurora draytonii). The California red-legged frog (CRLF) is a federally listed threatened species and a California species of special concern. The CNDDB has numerous records of occurrences of the CRLF within both a five-mile and ten-mile radius of the Project Site; most of which are recorded within the last five years. These occurrences are mostly in tributaries of San Luis Obispo Creek to the north of the site and near Avila Beach significantly downstream of the site. In addition, the Tank Farm Property is within the current and historic range of the species. Furthermore, the fragmented woody riparian cover and perennial aquatic habitat of the east fork of San Luis Obispo Creek, although discontinuous and degraded, does provide suitable habitat for the CRLF. USFWS protocol level CRLF surveys (i.e., 2 daytime and 2 nighttime surveys) were conducted by Rincon within suitable habitat areas within the Tank Farm Property including seasonally ponded areas along Acacia Creek and the east fork of San Luis Obispo Creek in May 2003. No CRLF were observed during these surveys and mostly adult and juvenile Pacific tree frogs and bullfrogs were observed within the east fork of San Luis Obispo Creek. In addition, no CRLF were observed during surveys conducted by Entrix in 1998 within the Tank Farm Property. Furthermore, CRLF surveys were conducted in Acacia Creek by Rincon in July 2000 (Rincon, 2000). No CRLF were observed during these surveys and an abundance of adult and juvenile bullfrogs were observed within Acacia Creek. Furthermore, CRLF surveys conducted in Acacia Creek upstream of the project area (i.e., Damon-Garcia Sports Complex) and in the east fork of San Luis Obispo Creek downstream of the project area (i.e., San Luis Obispo Land Conservancy Filiponi Wetlands) revealed abundant bullfrogs and no CRLF (Rincon, 2003). Based on the previous surveys of the Tank Farm Property and adjacent areas and the abundance of bullfrog tadpoles and adults within the east fork of San Luis Obispo Creek and Acacia Creek, potential for CRLF to occur in the portions of the east fork of San Luis Obispo Creek and Acacia Creek adjacent to the project property or in the seasonally ponded areas that exist within the Tank Farm Property is considered low. However, due to revisions in the USFWS survey protocol for CRLF since the surveys conducted in 2003 (i.e., current protocol requires 2 daytime and 6 nighttime surveys within the breeding and non-breeding season [Jan.–Sept.]) additional CRLF surveys, following revised USFWS protocol, are recommended to ensure no CRLF are present within the proposed remediation or re-development areas. California tiger salamander (Ambystoma californiense). The Central California tiger salamander (CTS) is a federally threatened species and a California species of concern. This amphibious species typically spends most of its time in upland habitat within the burrow systems of ground squirrels, pocket gophers, and other burrowing rodents. They emerge from these retreats at night during rain events between late autumn through early spring and travel to breeding pools which are generally ephemeral (vernal). Use of permanent aquatic sites as breeding habitat is unlikely unless these features lack predators such as introduced fish and bullfrogs. A search and analysis of habitat for CTS within the Tank Farm Property was conducted by Rincon and herpetologist expert Larry Hunt, PhD., of Hunt and Associates Biological Consulting Services, in May 2003. CTS was not observed during these surveys; however, suitable upland and breeding habitat (seasonal pools) for CTS exists within the Tank Farm Property (Rincon, Phase I, 2003). Based on the absence of CTS during the field surveys, historic absence of the species from the site, known range of CTS, and abundance of predators (e.g., bullfrogs, carp) in the immediate area, CTS is not expected to occur within the Tank Farm Property. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 14 Western spadefoot (Spea hammondii). Western spadefoot toad is a California species of concern that typically inhabits grasslands, scrub, chaparral, or valley-foothill hardwood woodlands. The western spadefoot is almost entirely terrestrial and uses temporary pools for breeding. Historically the western spadefoot ranged from Redding to northwestern Baja California. In California, the species was found throughout the Central Valley, and in the Coast Ranges and coastal lowlands from San Francisco Bay to Mexico. Suitable upland and breeding habitat (e.g., grasslands, vernal pools) exist within the Tank Farm Property; however, no western spadefoot have been detected during field surveys (Rincon, 2003). Southwestern pond turtle (Clemmys marmorata pallida). The southwestern pond turtle is a federal species of concern and a California species of special concern. It is an aquatic turtle inhabiting streams, marshes, ponds, and irrigation ditches within woodland, grassland, and open forest communities. However, it requires upland sites for nesting and over-wintering. Stream habitat must contain large, deep pool areas (six feet) with moderate-to-good plant and debris cover, and rock and cobble substrates for escape retreats. Southwestern pond turtles were observed in the east fork of San Luis Obispo Creek and in the perennial ponds located in the southwestern corner of the Tank Farm Property in May 2003 (Rincon, Phase I, 2003). In addition, southwestern pond turtles have been reported in upper reaches of Acacia and Orcutt creeks northeast of the Tank Farm Property (Rincon, 2000). Due to the fact that pond turtles were observed both upstream, within the creek channel and in ponded areas in the project area, overland movement of pond turtles within the project area and occurrence of pond turtles within the creek channel is considered likely. Two-striped garter snake (Thamnophis hammondii). The two-striped garter snake is a California species of concern. It is an aquatic snake inhabiting perennial and intermittent streams with rocky beds bordered by willow thickets or other dense riparian vegetation. Small mammal burrows are used as over-wintering sites for the snake. It occurs historically and currently throughout southern California streams. No two-striped garter snakes were observed during the various field surveys conducted at the Tank Farm Property (Rincon, 2003). Additionally, the likelihood of occurrence within the project area is considered low due to the fragmented condition of the riparian habitat of Acacia Creek and the east fork of San Luis Obispo Creek. Tricolored blackbird (Agelius tricolor), California black rail (Laterallus jamaicensis). The tricolored blackbird and California black rail both require open water habitat areas surrounded by tule/cattail marshland for the purposes of foraging and nesting. This habitat type occurs to within the southwest and northern portions of the project site. A single California black rail was heard vocalizing by Entrix (1996); however, no California black rails were observed during the daytime and nighttime breeding season surveys within the Tank Farm Property conducted in May 2003 (Rincon, Phase I, 2003). As such, the likelihood of occurrence of California black rail within the project site is considered low. However, tricolored blackbirds have been observed within the Tank Farm Property in recent surveys (Padre, 2007). Therefore, tricolored blackbirds have the potential to be affected by remediation activities and re-development of the site. California horned lark (Eremophila alpestris actia), Loggerhead shrike (Lanius ludovicianus). California horned lark and loggerhead shrike commonly occur in grasslands and other open habitats with low, sparse vegetation. Both the California horned lark and the loggerhead shrike have been observed during field surveys within the Tank Farm Property (Entrix, 1998; Rincon, 2003; Padre, 2007). County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 15 Birds of Prey. The Cooper’s hawk, sharp-shinned hawk, white-tailed kite, prairie falcon, northern harrier, and golden eagle are wide ranging birds-of-prey that have been observed using the Tank Farm Property for the purposes of foraging and movement through the region (Rincon, 2003; Padre, 2007). In addition, suitable foraging habitat exists within the project site for the ferruginous hawk. Several of these species often utilize dense riparian corridors for the purposes of nesting (e.g., Cooper’s hawk, etc.). However, no nests have been observed within the mixed riparian community areas in the project site. Nevertheless, use of the Tank Farm Property by these species for foraging activities is frequent and the likelihood of occurrence is considered high. Other Protected Bird Species. A number of bird species potentially occurring on the project site are protected during their nesting period under the provisions of the Federal Migratory Bird Treaty Act of 1918. Field surveys indicated that cliff swallows occupy nest sites within the culvert at Santa Fe Road and Tank Farm Road (Padre, 2003). In addition, a number of tree-nesting species, including California scrub jay, northern mockingbird, American goldfinch, and lesser goldfinch were observed in the mixed riparian habitat on the eastern side of the Tank Farm Property. These species could be affected by remediation activities and redevelopment of the site. Habitats – Valley needlegrass grassland. Valley needlegrass grassland consists of mid-height (up to 2 feet) grasslands dominated by perennial, tussock-forming needlegrass (Nassella spp.). Native and introduced annual species occur between the perennial bunchgrasses, often actually exceeding bunchgrasses in total cover. These grasslands usually occur on fine-textured (often clay) soils, which are moist or waterlogged during winter, but very dry in summer. Valley needlegrass grassland is considered a sensitive habitat type by the CNDDB and CDFG. This community occurs in relatively disturbed conditions at the northeast portion of the project site. Non-native annual species, primarily slender wild oat and ripgut grass comprise a large portion of the composition, but it also supports many individuals of native purple needlegrass (Nasella pulchra) ENTRIX, 1998; Padre, 2007). Coastal and valley freshwater marsh. This community is typically associated with natural and man-made ponds, intermittent and perennial creeks and drainages, and roadside ditches within, or surrounded by, other plant communities. This habitat supports a variety of wildlife species, especially birds, which utilize the emergent vegetation for cover. Bird species such as red-winged blackbird (Agelaius phoeniceus), mallard Anas platyrhynchos), and American coot (Fulica americana) are frequently found in freshwater marsh habitats. Other species that may utilize this habitat may include southwestern pond turtle and aquatic garter snake. Numerous freshwater marsh communities exist throughout the project site. A large area, adjacent to the north side of Tank Farm Road, comprises several acres of marsh. Additionally, two of the remnant concrete-lined reservoirs have established freshwater marsh vegetation. A drainage canal along the west side of the property and several small patches on the south side of the property also support freshwater marsh vegetation. Species observed include cattail (Typha angustifolia), bulrush (Scirpus acutus), nutsedge (Cyperus esculentus), spikerush (Eleocharis marcostachya), and water plantain (Alisma plantago-aquatica ) (EDAW, 1999; Padre, 2007). Impact. Remediation activities would cause ground disturbance, leading to loss of vegetation, wetlands, wildlife habitat, and special-status species. In addition, indirect impacts associated with noise, dust, soil erosion, and human presence may occur. Impacts to vegetation, wetlands, wildlife habitat, and special-status species may occur within various clean-up sites, on-site borrow sources, staging/stockpile areas, and associated access routes. Redevelopment activities under either the City County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 16 or County development option would result in permanent impacts to rare plant areas, VPFS habitat, and wetlands on the project site. In addition, indirect impacts to wildlife would occur due to construction activities (i.e., noise, dust, poor air quality, etc.). The impacts due to proposed redevelopment plans are discussed below. Rare Plants. Existing rare plant communities (i.e., Congdon’s tarplant, San Luis Obispo County morning-glory, Hoover’s button-celery, valley needlegrass grasslands) within the project site will be adversely impacted by equipment and personnel during remediation activities. Specifically, impacts to rare plant areas will occur due to excavation and backfilling activities within operable unit and existing reservoirs, access routes, borrow areas, staging/stockpile areas, and various clean-up sites. Based on available information contained within the Remedial Action Plan (RAP; Avocet 2007), the proposed remediation activities will impact a total of approximately 13.03 acres of rare plant areas. Of the total, 2.41 acres will be temporary impacts and a total of approximately 10.62 acres will be permanent impacts. In addition, a number of individual plants will be impacted by proposed remediation activities including approximately 550 Congdon’s tarplant, 250 San Luis Obispo County morning-glory, and 110 purple needlegrass. Impacts to rare plants during redevelopment activities could impact between 3.14 acres up to 4.58 acres of rare plant communities, depending on the final size and location of impact areas. These totals are preliminary and are intended as planning figures only. Vernal Pool Fairy Shrimp. The proposed project will adversely affect wetland areas containing VPFS, mainly consisting of man-made containment areas. Based on available information contained within the draft RAP (Avocet 2007), the proposed remediation activities will impact a total of 13.48 acres of VPFS habitat wetland areas. Of the total, 0.56 acres will be temporarily impacted and a total of 12.92 acres will be permanently impacted. Redevelopment activities will impact between 0.61 acres and 3.84 acres of VPFS habitat depending on the final size and location of impact areas. Aquatic Species. Special-status aquatic and semi-aquatic species including the two-striped garter snake, western pond turtle, south-central California coast steelhead, and California red-legged frog are either known to occur or have the potential to occur within adjacent Acacia Creek and the east fork of San Luis Obispo Creek. Although some of these species are strictly aquatic, such as steelhead, several of these species use upland habitat for forage and cover, as well as the aquatic habitat present within the watershed for portions of their life cycle. Remediation and redevelopment activities within close vicinity of the creeks could result in direct impacts to semi-aquatic species that utilize the upland areas of the watershed, disrupt the natural behavior patterns of special-status species (i.e., breeding activity) and result in indirect impacts to aquatic species, such as steelhead, due to inadvertent spills of deleterious materials and/or erosion and sedimentation impacts. Migratory Birds. A number of migratory birds could potentially nest in various habitats within the Tank Farm Property. These include ground nesters (western meadowlark and lark sparrow), small tree/shrub nesters (northern mockingbird and house finch), and riparian forest nesters (Cooper’s hawk and song sparrow). Ground disturbance from excavation activities and brush removal could destroy nests, nestlings, or hatchlings, and result in a violation of the Migratory Bird Treaty Act (MBTA) of 1918 (16 USC 703-711) and CDFG codes (Sections 3503, 3503.5, and 3800). Remediation and subsequent restoration activities as well as ground disturbance during redevelopment activities could potentially impact tree and ground nesting bird species that are protected by the MBTA. The laws and regulations prohibit the take, possession, or destruction of birds, their nests, or eggs. Disturbance that causes nest abandonment and/or loss of reproductive effort could be considered a “take”. Wetlands. The proposed project will affect federally protected wetland areas within the Tank Farm Property, including natural watercourses and man-made containment areas. Based on available information contained within the draft RAP (Avocet, 2007), the proposed remediation activities will impact a total of 39.53 acres of wetland areas (state and federal). Of the total, an estimated 12.69 acres will be temporarily impacted and a total of 26.84 acres will be permanently impacted. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 17 Redevelopment activities would result in the permanent removal of between 3.73 acres and 6.85 acres of existing wetlands depending on the final size and location of impact areas. Mitigation/Action Required. Potentially significant impacts to biological resources must be identified and evaluated by a qualified biologist. The biological resource analysis should include, but not be limited to, the following: 1. Consultation with the State Department of Fish and Game and the United States Fish and Wildlife Service. Also, work with the Corps of Engineers to determine if a Section 10 or Section 404 permit will be required as a part of the permitting process. 2. Consultation with the California Native Plant Society, the Audubon Society, and other conservation organizations as appropriate. 3. Identification of all rare, threatened and/or endangered plant and animal species on site. 4. Identification of all rare, threatened and/or endangered plant and animal species off-site which could potentially be affected by the proposed project. 5. Identification of other sensitive, unique or important plant and animal species and communities of the project area. 6. Peer Review of Biological Report(s) to determine adequacy of field work, and if supplemental field work necessary (e.g., protocol surveys, etc.); if protocol surveys determined necessary, EIR consultant shall estimate scope and costs as an optional task. 7. The consultant shall either use existing information or prepare mapping that illustrates the locations of the following (if any): a. Location of individuals and groups of rare, threatened, and/or endangered plant species. b. Habitat for rare, threatened and/or endangered plant and animal species. c. Wetlands and riparian areas. d. Other areas of sensitive, unique or important biological resources. 8. Identification of short-term and long-term impacts on rare, threatened, and/or endangered species and species habitat. 9. Identification of cumulative impacts on the area's ecosystem, which could result from the project. 10. Identification and discussion of feasible mitigation measures, if any, which could be included in the project to minimize potential adverse biological impacts to less than significant levels. 5. CULTURAL RESOURCES - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable a) Disturb pre-historic resources? b) Disturb historic resources? c) Disturb paleontological resources? d) Other: Setting. The project is located in an area historically occupied by the Obispeno Chumash. The San Luis Obispo Tank Farm has an important place in local history. The reservoirs, berms, and other landscape features at the Tank Farm create a cultural landscape with archaeological elements. The Tank Farm is part of a larger historic event which is based on the development of oil. The Tank Farm was connected to oil production in the Central Valley via pipelines and to the port at Avila Beach and Port San Luis. Historic accounts credit the oil industry with providing significant economic impact County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 18 on the expansion of the town of San Luis Obispo. The fire in 1926 at the San Luis Obispo Tank Farm remains one of the largest environmental disasters to have occurred in California. The property contains structural and archaeological materials relating to the fire and oil spill. Impact. The project is located in an area that would be considered culturally sensitive due to presence of archaeological and possibly historical elements. A Phase I (surface) survey (Conway, 2008) recorded eight isolated prehistoric artifacts and fifty-seven cultural features on-site including several trash dumps probably relating to work camps on site when the Tank Farm was built. Other cultural features, such as concentrations of bricks or concrete foundations, identify buildings once present at the Tank Farm. Some cultural features identified date to an era prior to construction of the Tank Farm when the property was part of a ranch. A large number of isolated archaeological finds have been recorded on the Tank Farm property. Most of these occurrences probably represent artifacts scattered during past land use, although some isolated finds, when tested in the future, may represent evidence of buried cultural deposits. Further studies of cultural resources at the project site such as a Phase II (subsurface) survey are necessary to fully assess impacts to cultural resources. Mitigation/Action Required. Due to the potentially significant impacts to cultural resources, additional analysis is needed by a qualified archaeologist and historian and shall include, but not be limited to, the following: 1. A review of archaeological records to identify known archaeological sites (historic and prehistoric). 2. A peer review of the Phase I surface survey of the project site and a determination whether additional field work should be required (e.g., Phase II subsurface survey). 3. An evaluation and discussion of the cultural importance of any on-site and/or surrounding cultural resources. 4. Review of geologic formations and proposed grading to discuss potential impacts to paleontological resources. 5. Recommendation and discussion of adequate and feasible mitigation measures, if any, to ensure that known and unknown archaeological (and if applicable, paleontological) resources are adequately protected. The location and detailed descriptions of pre-historic archaeological resources shall be contained in an appendix to be published under separate cover and clearly marked "Confidential, Not for Public Review". 6. GEOLOGY AND SOILS - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable a) Result in exposure to or production of unstable earth conditions, such as landslides, earthquakes, liquefaction, ground failure, land subsidence or other similar hazards? b) Be within a California Geological Survey “Alquist-Priolo Earthquake Fault Zone”? County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 19 6. GEOLOGY AND SOILS - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable c) Result in soil erosion, topographic changes, loss of topsoil or unstable soil conditions from project-related improvements, such as vegetation removal, grading, excavation, or fill? d) Change rates of soil absorption, or amount or direction of surface runoff? e) Include structures located on expansive soils? f) Change the drainage patterns where substantial on- or off-site sedimentation/ erosion or flooding may occur? g) Involve activities within the 100-year flood zone? h) Be inconsistent with the goals and policies of the County’s Safety Element relating to Geologic and Seismic Hazards? i) Preclude the future extraction of valuable mineral resources? j) Other: Setting. GEOLOGY - The topography of the project is nearly level to steeply sloping. The area proposed for development is outside of the Geologic Study Area designation. The landslide risk potential is considered low. The liquefaction potential during a ground-shaking event is considered high. No active faulting is known to exist on or near the subject property. The Alquist- Priolo fault zone lies approximately four miles to the west of the project site. The project is within a known area containing serpentine or ultramafic rock or soils. Any project within a high liquefaction area is subject to the preparation of a geological report per the County’s Land Use Ordinance (LUO) section 22.14.070 (c) to evaluate the area’s geological stability relating to the proposed use. A geotechnical report was conducted for the project (Padre, 2007c). This report states that the project site lies within an area considered to have high liquefaction hazard potential. However, without completing a liquefaction specific study it is not possible to estimate the extent of liquefiable soils or the magnitude of the potential settlement that may occur as a result of liquefaction. DRAINAGE – The area proposed for development is within the 100-year Flood Hazard designation. Acacia Creek runs along the southeastern boundary of the project site. As described in the Natural Resource Conservation Service Soil Survey, the soils at the project site are considered very poorly to well drained. For areas where drainage is identified as a potential issue, the LUO (Sec. 22.52.080) includes a provision to prepare a drainage plan to minimize potential drainage impacts. When required, this plan would need to address measures such as constructing on-site retention or County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 20 detention basins, or installing surface water flow dissipaters. This plan would also need to show that the increased surface runoff would have no more impacts than that caused by historic flows. SEDIMENTATION AND EROSION – The soil types and descriptions are listed in the previous Agriculture section under “Setting”. As described in the NRCS Soil Survey, the soil surface is considered to have low to moderate erodibility and low to high shrink-swell characteristics. When highly erosive conditions exist, a sedimentation and erosion control plan is required (LUO Sec. 22.52.090) to minimize these impacts. When required, the plan is prepared by a civil engineer to address both temporary and long-term sedimentation and erosion impacts. Projects involving more than one acre of disturbance are subject to the preparation of a Storm Water Pollution Prevention Plan (SWPPP), which focuses on controlling storm water runoff. The Regional Water Quality Control Board is the local extension who monitors this program. In the project region, areas designated for mineral resource/energy extraction by County land-use maps occur to the east of Santa Margarita and the city of Atascadero, as well as Price Canyon to the south of San Luis Obispo. Impact. The project site is located in a seismically active region and the proposed structures will likely be subjected to seismic shaking during the life of the project. According to Land Use maps for the San Luis Obispo Inland Planning Area and URL Planning Area, there are no Extractive Area or Energy Extractive Area combining designations on the project site or in the immediate vicinity. The nearest such area is the Price Canyon Arroyo Grande Oil Fields, approximately five miles to the southeast. No on-site mineral resources have been identified in the Airport Area Specific Plan’s (AASP) Conservation and Resource Management section, and there are no land use policies applicable to mineral resource extraction on the Tank Farm property. Additionally, no such uses are proposed. Both the remediation and redevelopment phases would not adversely affect or preclude the extraction of mineral resources. Mitigation/Action Required. GEOLOGIC HAZARDS/SITE ALTERATION – A Registered Engineering geologist will be needed to consider the following when evaluating the project’s potentially significant impacts to or from geological resources: 1. Consultation with both of the City and the County Public Works Departments, the City and County Departments of Planning and Building, reference to the San Luis Obispo County Land Use Ordinance (including the Safety Element) and County GIS mapping. 2. Incorporate at a minimum the following project setting components: a. Underlying formations b. Faulting c. Slope stability d. Potential liquefaction hazards e. Potential landslide hazards f. Flood Hazards 3. Mapping of significant areas that pose geologic hazards. 4. Evaluation and discussion of the geologic features of the site and surrounding area that may have a significant adverse impact on the development of the project. 5. Evaluation and discussion of impacts associated with topographical alteration (or saturation of soil, as applicable) including stability of roads, cut slopes, fill slopes, drainage structures, and other improvements. 6. Identification and discussion of feasible mitigation measures, if any, which could be included in the project to minimize potential impacts related to geologic hazards or topographic alteration. DRAINAGE, EROSION, AND SEDIMENTATION – A registered engineer must peer review existing data submitted by the applicant, and evaluate potentially significant drainage, erosion, and County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 21 sedimentation impacts, and what if any additional technical work is necessary to complete the analysis. The analysis should include, but not be limited to, the following: 1. Consultation with both the City and the County Public Works Departments, the United States Natural Resource Conservation Service, and the Resource Conservation District. 2. Identification and mapping of significant drainage courses and watersheds, as needed. 3. Identification and mapping of all areas within the project boundaries that currently experience drainage and/or flooding conditions. 4. Identification and mapping of all areas that could potentially be adversely affected by drainage, erosion, or sedimentation impacts resulting from the development the proposed project. 5. Identification of cumulative impacts on the area's ecosystem, which could result from the project. 6. Identification and discussion of feasible mitigation measures, if any, which could be included in the project to minimize potential adverse drainage, erosion, and sedimentation impacts. 7. HAZARDS & HAZARDOUS MATERIALS - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable a) Result in a risk of explosion or release of hazardous substances e.g. oil, pesticides, chemicals, radiation) or exposure of people to hazardous substances? b) Interfere with an emergency response or evacuation plan? c) Expose people to safety risk associated with airport flight pattern? d) Increase fire hazard risk or expose people or structures to high fire hazard conditions? e) Create any other health hazard or potential hazard? f) Other: Setting. The project site is within a moderate fire hazard risk zone, as designated by the County’s Safety Element Fire Hazard Map. Portions of the Tank Farm property are under risk of flooding hazards due to their location within the 100-year flood zone. Existing conditions at the project site include the presence of petroleum hydrocarbon-containing soil and groundwater. Additionally, elevated concentrations of lead and arsenic have been identified in the northwestern corner of the project site. Petroleum surface expressions are located at several locations at the project site and have been identified as a hazard to wildlife. The project site is located within San Luis Obispo Airport Land Use Plan (ALUP) and therefore is subject to planning policies and regulations governing safety. The requirements of the ALUP are applicable to the entire project site. Mandatory ALUP review is required prior to enacting certain County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 22 ordinances and actions that affect lands within the Airport Planning Area. The ALUP identifies aviation safety areas based on flight paths and exposure to crash risks. Those areas with the most exposure to these hazards are the most restricted in terms of compatible uses. Generally, the higher the exposure, the lower the intensity of use and concentration of population that is allowed. Portions of the project site are within the “runway protection zones”. Additional categories of safety areas which govern airplane operations comprise the remaining area of the project site. Impact. Both the AASP and the SLO County Regional ALUP designate the majority of land in the two most restrictive safety areas on the project site as Open Space. Chevron proposes to maintain open space uses under the airport approach and departure paths to avoid potential risks to aircraft entering and exiting the airport. The proposed designation of the areas of open space land use would be compatible with the ALUP’s safety restrictions. Chevron proposes to restore wetlands located within the project site to mitigate for the temporary and permanent impacts resulting from the proposed project. Chevron proposes to design the wetland mitigation areas so that they do not contain large areas of open water that could attract waterfowl. Chevron will work with the County Airport staff to reduce or mitigate the potential for the attraction of waterfowl within the project site. Much of the project site is located within grassland areas with a moderate fire hazard. Fire safety plans will be developed for remedial construction activities. Specifically, adequate water supplies and water trucks will be maintained on-site in the event of a fire. Also, any hot work will follow hot work permit requirements such as designation of fire watch during and after hot work activities, clearing of combustible materials within a specified radius, and maintenance of a fire extinguisher or water hose at the hot work site. Refueling of construction equipment which would take place during construction activities at the project site present a potential hazardous materials spill risk. The proposed project was referred to the County Fire Department for review (Rick Swan; August 4, 2008). No significant fire hazard impacts were identified. The applicant is required to comply with the California Fire Code, California Building Code, the Public Resources Code, and any other applicable fire laws. Mitigation/Action Required. A qualified individual will be needed to consider the following when evaluating the project’s potentially significant impacts to or from hazardous materials or wastes: 1. Consultation with the County Environmental Health Division, Regional Water Quality Control Board, State Department of Toxic Substances, the County Department of Planning and Building, Airport Land Use Commission, Cal Fire, and reference to the San Luis Obispo County Land Use Ordinance and City of San Luis Obispo General Plan; 2. Peer Review of the Avocet Environmental, Inc. 2007 Feasibility Study to determine adequacy of the proposed plan and to determine if supplemental field work is necessary. 3. Evaluate existing project conditions; 4. Identification of any sensitive receptors (human and biological) relating to hazardous materials/ wastes; 5. Evaluate impacts associated with proposed removal, storage, and use of hazardous materials; 6. As needed, develop additional measures above current regulations to address potentially significant impacts. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 23 8. NOISE - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable a) Expose people to noise levels that exceed the County Noise Element thresholds? b) Generate increases in the ambient noise levels for adjoining areas? c) Expose people to severe noise or vibration? d) Other: Setting. The project is located in close proximity to the San Luis Obispo Regional Airport. Noise- sensitive land uses are not proposed as part of the project, and are not prevalent in the area, with the exception of the mobile home park located east of the project site. Future development impacts would be required to conform to applicable City or County General Plan policies governing construction and operational noise impacts. Specific noise levels generated by new proposed land uses cannot be quantified at this time; however, project-specific noise studies would be required prior to development. No sensitive noise receptors (e.g., residences) are proposed, however commercial office space would be built as part of the proposed project. Impact. Remediation and restoration activities at the project site would result in short-term impacts consisting of temporary noise generated by construction equipment. These activities taking place at the majority of the project site would have little effect on noise-sensitive receptors with the exception of areas on the eastern fringes near the mobile home park north of the intersection of Tank Farm Road and Santa Fe Road. During this phase, the closest noise-producing activity to these sensitive noise-receptors would occur at the northeast end of the project site. Chevron anticipates that blasting will be needed to break up rock materials within this area. Activity would occur during this stage of the phase as close as approximately 200 to 300 feet from the nearest residences; however, heavy equipment use would be episodic and temporary. Activities in this area could last up to approximately 90 days, although a variety of activities with different equipment needs would result in intermittent noise impacts. Furthermore, due to the large area (30 acres) of remediation work in this area, most of the activity would occur at distances greater than 200 feet from the nearest residences. Noise and ground-borne vibration generated by construction activity includes the operation of equipment such as compacters, loaders, backhoes, bulldozers and scrapers, haul trucks, and paving equipment. However, noise generated during these activities is not expected to be consistently sustained and would generally be episodic. Furthermore, noise levels would be further attenuated by buildings, trees, and proposed mitigation measures; therefore, worst-case noise impacts would be very unlikely. Short-term noise impacts resulting from redevelopment activities would be similar in nature to those of the remediation and restoration phase of the project (i.e., temporary noise impacts associated with construction equipment). Construction noise impacts, although temporary, may be considered significant during redevelopment of the portion of the project site near the mobile home park. Long-term transportation noise generation may rise slightly along Tank Farm Road with build-out of the proposed commercial/industrial land use development on the Tank Farm property. The noise County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 24 impacts from Chevron’s development plan would be consistent with the impacts anticipated under build-out under the AASP. However, the scale of the proposed land use development means it is unlikely additional mobile noise sources would cause noise to increase to nuisance levels. As the area surrounding Tank Farm Road would be maintained as open space and recreational areas, or developed with commercial/light industrial uses, a noise environment exceeding standards for noise- sensitive land uses (i.e., within the 60 dBA noise contour), would not be considered a significant impact. Proposed land use redevelopment does not involve placing residential land uses within the Tank Farm property itself; therefore, no new sensitive noise receptors would be placed within noise contours exceeding applicable noise standards. The ALUP also places restrictions on development densities in this area as part of noise and safety zones. Stationary noise sources constructed as part of build-out of the proposed land uses could potentially affect nearby existing residences depending on the future build-out scenario and specific land uses. Mitigation/Action Required. An analysis of noise impacts shall be accomplished by a qualified person experienced in the field of environmental noise assessment and shall include, but not be limited to, the following: 1. Discuss regulatory framework addressing noise. 2. Identifying all loud noise sources from construction and operational aspects of the project, and specifying decibel levels. 3. Identify all sensitive noise receptors around the proposed development and along transportation routes. 4. Recommendation and discussion of adequate and feasible mitigation measures, if any, to minimize potential noise impacts. 9. POPULATION/HOUSING - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable a) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? b) Displace existing housing or people, requiring construction of replacement housing elsewhere? c) Create the need for substantial new housing in the area? d) Use substantial amount of fuel or energy? e) Other: Setting. The site of the proposed project is located within an area of open space and light industrial uses. Areas of urban development are unevenly dispersed throughout the area, primarily in the vicinity of the Broad Street and South Higuera Street corridors, as well as in the vicinity of the airport. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 25 Aside from the current Chevron office buildings situated in the northwestern portion of the property, the project site presently consists of undeveloped land that contains native and non-native grasslands and both natural wetlands and wetlands resulting from water accumulating in land depressions associated with the former oil storage facility. Adjacent land uses include light commercial and industrial development, the San Luis Obispo Regional Airport, agricultural land with scattered residences, and a residential trailer park. In its efforts to provide for affordable housing, the County currently administers the Home Investment Partnerships (HOME) Program and the Community Development Block Grant (CDBG) program, which provides limited financing to projects relating to affordable housing throughout the County. The County has recently adopted a revised Housing Element. One of the new Housing Element Programs (Program HE 1.9) indicates that the County prepared an Inclusionary Housing Ordinance during 2006. Upon adoption of the ordinance, future commercial development may be required to pay a fee to support development of new affordable housing. Impact. The proposed project would not result in the construction of new residences at the project site. The 800,000 square feet of commercial/industrial development has the potential to result in a need for a significant amount of new housing. There may be a short-term demand for additional rental units for out-of-area construction workers; however, these demands can be adequately met from existing hotel rooms in the city. The project will not result in a population increase in the project area, as no residential land uses are proposed. The housing impacts from Chevron’s development plan would be consistent with the impacts anticipated under build-out under the AASP. Due to the programmatic level of analysis for this phase, it is unclear how many jobs may be generated by commercial and industrial development at the project site; therefore, an analysis on the effect of project implementation on the jobs/housing balance in the City is warranted. The project as proposed would not have a significant impact on existing housing. No dwellings will be removed as a result of project implementation. There may be a minor demand for temporary housing; however, this is not expected to be significant based on the small number of workers required, and the availability of hotel rooms in the general area. In terms of energy demand, the proposed project will result in a short-term increase in energy usage in the form of fuel to operate construction equipment and vehicles during both phases. No significant short-term impact is anticipated. With build-out of the proposed land use, there would be the potential for a long-term incremental increase in electricity and natural gas usage. Mitigation/Action Required. An analysis of population/housing impacts shall be conducted and shall include, but not be limited to, the following: 1. Population and housing regulations and conditions; 2. Comparison to project impacts; 3. Evaluate efficiency of energy-using activities and what, if any efficiency improvements can be made. 4. Evaluate housing demands/impacts during the construction and operational phases of the project; 5. If any significant impacts are identified, identify feasible mitigation measures to reduce impacts to less than significant levels. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 26 10. PUBLIC SERVICES/UTILITIES - Will the project have an effect upon, or result in the need for new or altered public services in any of the following areas: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable a) Fire protection? b) Police protection (e.g., Sheriff, CHP)? c) Schools? d) Roads? e) Solid Wastes? f) Other public facilities? g) Other: Setting. The project site is currently served by the County Sheriff's Department and CDF/County Fire as the primary emergency responders. The closest CDF fire station is approximately 1.5 miles to the northeast. The closest Sheriff substation is in San Luis Obispo (Kansas Ave.), which is approximately 8.5 miles from the proposed project. The project is located in the San Luis Coastal Unified School District. Natural gas and electricity in the project area is provided by Pacific Gas and Electric; water and wasterwater disposal services are provided by the City of San Luis Obispo Utililities Department; and solid waste disposal is provided by San Luis Garbage Company. Impact. Remediation activities and construction of the proposed land uses would not result in closures of Tank Farm Road or Santa Fe Road. Emergency response providers near the proposed route would be notified in advance of exact construction locations, potential lane closure schedules, and potential alternate routes. Traffic safety procedures will be implemented to avoid disruption to fire protection or police protection services during remediation and construction phases. At a minimum, there would likely be a flagman and signs controlling traffic crossing Tank Farm Road. Vandalism, theft of construction materials and equipment, and burglary would be of potential concern during the construction of the proposed project. Police protection services for the project site would be provided by the local police departments. Emergency response times from these stations depend on where patrol vehicles are in relation to an emergency call at the facility. Water needed for dust suppression and soil conditioning would be obtained from existing on-site water supply wells. Water demand would be limited to the amount needed for dust suppression and other purposes during construction activities. Wastewater systems would not be affected as workers would be required to use chemical toilets on-site. Solid waste collection would be provided by San Luis Garbage. During the remediation phase, contaminated soil is anticipated to be hauled to the Santa Maria Landfill for disposal. Provisions in the City General Plan and the AASP ensure that an adequate quantity of water will exist before any development is allowed under the City redevelopment option. Additionally, the proposed project includes adequate distribution facilities as outlined in the facility master plans. Development at the project site under the County redevelopment option would require individual water wells and wastewater treatment facilities. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 27 The limited amount of new land use development is not anticipated to create a significant burden on fire, police, wastewater, or solid waste services in the City; however, any new projects would pay required development fees to support ongoing efforts to maintain effective levels of public services and utilities in the City. Build-out of the proposed land uses on the Tank Farm property would create an incrementally higher demand for these services. Additionally, the proposed redevelopment would not have a substantial impact on area schools as no residential uses are proposed and no significant influx of population would occur. This project, along with others in the area, will have a cumulative effect on police and fire protection, and schools. The project’s direct and cumulative impacts are within the general assumptions of allowed use for the subject property that was used to estimate the fees in place. Mitigation/Action Required. Due to the potential for significant impacts to public services, additional analysis is needed to consider the following: 1. Consultation with the California Department of Forestry/County Fire Department, City Fire Department, San Luis Obispo County Sheriff's Department, City Police Department, California Highway Patrol and the San Luis Coast Unified School District. 2. Evaluation and discussion of the past and present status of police, fire, and school services in the project area, including staffing levels. 3. Identification and discussion of significant impacts to public services, or resulting from inadequate public services, that could result from the development of the project. 4. Evaluation and discussion of the solid waste to be generated from construction and operational 1. aspects of the project, and the ability of existing landfill(s) to accept this waste; 5. Discussion of existing recycling requirements/ targets, and how the project can achieve these; as applicable, develop new measures to maximize recycling efforts; 6. Evaluate the cumulative effects to public services of this project when considered with other projects in the area; 7. Identification and discussion of feasible mitigation measures, if any, which could be included in the project to minimize potential impacts related to public services. 11. RECREATION - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable a) Increase the use or demand for parks or other recreation opportunities? b) Affect the access to trails, parks or other recreation opportunities? c) Other Setting. According to the County’s Parks and Recreation Element County Trails Overview Map, two trails occur in the Tank Farm property vicinity: the Bob Jones Pathway and SLO Creek Natural Area which follows a similar path as U.S. Highway 101), and the Juan Bautista de Anza Historical Trail, which follows Highway 227 through San Luis Obispo. The City Parks and Recreation Element and Master Plan currently does not oversee trails or parkland on the Tank Farm property, nor are any trails currently proposed; however, the Master Plan outlines implementation goals and policies concerning parkland acquisition/dedications and improvements in annexation areas. The nearest City- owned open space and trail system is the South Street Hills, which occupy the major topographical County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 28 feature to the north of the project site. No officially-designated trails currently exist on the Tank Farm property. The AASP calls for circulation system improvements that include Class I bike paths, which are bike paths that are stand-alone and separate from vehicle-traveled roadways. The Bicycle Transportation Plan shows that two of the primary north-south bicycle facilities are Class I paths that parallel the Acacia/East Branch of SLO Creek and Tank Farm Creek riparian corridors. Other Class I paths include Tank Farm Road, within the open space area between the “Unocal Collector” (i.e., local street at Northwest Operations area) and Santa Fe Road. Pedestrian circulation would also be provided by the Class I paths, which would connect to the street system. Additionally, Class II Lane (lanes within the roadway right-of-ways) would be present for Tank Farm and Santa Fe Roads, as well as the proposed local and collectors streets. Impact. Remediation activities would not have an impact on any existing recreational areas in the project area. There are currently no established recreational facilities (i.e., parks) or uses on the project site, although Tank Farm Road is occasionally used by bicyclists and joggers. The nearest existing park/recreational facility is the Damon-Garcia Sports Field Complex located less than a quarter-mile to the northeast, within the city. Tank Farm Road is proposed to be improved at certain locations. The AASP calls for the widening of Tank Farm Road to a 100-foot right-of-way, along with other frontage improvements. A traffic safety plan developed for the construction activities would address recreational users such as bicyclists traveling down Tank Farm Road. Remediation activities would not interfere with recreational activities at the Damon-Garcia sports complex and land use development activities are expected to be phased in a manner that would be the least disruptive to the proposed ballfields. Recreational ballfields are proposed as a land use to be included in the redevelopment plans for the Tank Farm property. Under the proposed project recreational/open space uses totaling 243 acres are designated. The majority of the land is necessary for preservation of open space and environmental mitigation. Fifteen acres have been set aside specifically for the provision of active sports fields. This amenity would be located west of the proposed business park/industrial park. The addition of public sports fields at the project site would have a beneficial impact on recreation by increasing the city’s stock of recreational acreage. Impacts to recreation from the proposed project would be beneficial. Mitigation/Action Required. While not considered potentially significant, public recreation impacts, need to be analyzed by a qualified individual with expertise in recreation, and shall include, but not necessarily be limited to, the following: 1. Consultation with the City Parks Division and the County Department of General Services – Parks and Recreation Division. 2. Identification of the existing recreational demands and deficiencies in the region. 3. Identification and evaluation of the project’s demand on recreational facilities, and what aspects of the project will offset the increased demands. 4. Discussion of the adequacy of existing fees, and as appropriate, identification and discussion of feasible mitigation measures which could be included in the project to minimize potential impacts related to recreation. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 29 12. TRANSPORTATION/ CIRCULATION - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable a) Increase vehicle trips to local or areawide circulation system? b) Reduce existing “Levels of Service” on public roadway(s)? c) Create unsafe conditions on public roadways (e.g., limited access, design features, sight distance, slow vehicles)? d) Provide for adequate emergency access? e) Result in inadequate parking capacity? f) Result in inadequate internal traffic circulation? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., pedestrian access, bus turnouts, bicycle racks, etc.)? h) Result in a change in air traffic patterns that may result in substantial safety risks? i) Other: Setting. The transportation system around the Airport Area is comprised of several major transportation routes serving and providing access to the project area. These routes include U.S. Highway 101, Prado Road, Broad Street/State Route 227, South Higuera Street, Buckley Road, Industrial Way, Orcutt Road, South Street, Los Ranchos Road, Madonna Road, Los Osos Valley Road, and Tank Farm Road. U.S. Highway 101 is the primary regional transportation route serving the project area, with nearby access at Los Osos Valley Road, Prado Road, South Higuera Street, and Madonna Road. Public transit in the project area is provided by SLO Transit, the City’s transit agency, and the countywide San Luis Obispo Regional Transit Agency. Both provide fixed-route bus service within San Luis Obispo; however, SLO Transit provides most of the bus stops serving the Airport Area. The project area is on the outskirts of the city bike system and is not fully served by existing bicycle paths or lanes. Although there are bicycle lanes located on South Higuera and Broad Streets, there are minimal width lanes along Tank Farm Road. Future development will access onto the following public road(s): Tank Farm Road, a one lane parkway arterial road. The identified roadway is operating at acceptable levels. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 30 Impact. Remediation activities would not occur within roadways; however, Tank Farm Road would be utilized for access to the project site and for the importation of materials and equipment and the export of contaminated soils being transported to the designated landfill facility. Construction traffic would access the project site via driveways on the north and south sides of Tank Farm Road. The proposed truck route for transporting petroleum-containing soil and demolition debris from the project site is as follows: westbound on Tank Farm Road, then southbound on South Higuera Street, then westbound on Los Osos Valley Road to the Highway 101 southbound on-ramp. The route would be the same in reverse for inbound trucks. A traffic study report was prepared for the short-term remediation activities ATE, 2007). This report concludes that the remediation phase of the project would result in 210 trips per average day and 416 trips per peak day. Short-term construction impacts will be experienced during construction activities under each of the redevelopment options. The City’s Airport Area Specific Plan calls for Tank Farm Road to be improved as a parkway arterial with a 100-foot wide right-of-way. Additionally, the AASP calls for the extension of Santa Fe Road northward through the Chevron Property and the creation of a new collector street north from Tank Farm Road at the western boundary of the Chevron Property. The proposed project was referred to the Department of Transportation (Caltrans) for review (James Kilmer; September 2, 2008). Caltrans determined that the project will have a potentially significant impact to state highway facilities in proximity to the project site and requests the applicant prepare a full traffic impact study, including a select zone analysis and interchange analysis. Mitigation/Action Required. Due to the potential for significant traffic impacts, additional analysis is needed to be performed by a registered Engineer with expertise in traffic, and shall include, but not be limited to, the following: 1. Consultation with the California Department of Transportation, the County Public Works Department, City of San Luis Obispo Public Works Department, and the California Highway Patrol. 2. Identification of the existing traffic capacity and load on key roadways identified by the above agencies. 3. Identification and evaluation of existing construction and operational traffic safety issues for the above-mentioned roads. 4. Analysis of traffic impacts resulting from changes in land use acreage and locations, proposed circulation changes, and the restoration effort following the City’s Traffic Impact Analysis Guidelines. Include impacts of trucks during restoration effort and suggest mitigation measures. Include traffic analysis of the following scenarios: 1) existing conditions, 2) project only conditions, 3) existing and project conditions, 4) cumulative conditions, and 5) cumulative and project conditions. Include a select zone analysis per Caltrans’ Guidelines for the Preparation of Traffic Impacts Studies. 5. Analysis of intersections and interchanges. Interchange analysis for the US 101/Los Osos Valley Road (LOVR) Interchange and the US 101/Madonna Road Interchange including a queue analysis of the ramp operations as well as the various ramp intersections. Include in the analysis of the US 101/LOVR Interchange the facilities preferred alternative as depicted in the Environmental Document and Project Report for the US 101/LOVR Interchange Reconstruction Project. Analyze impacts to both the US 101/Madonna Road and US 101/LOVR Interchanges with and without the anticipated 101/Prado Road facility in place. 6. Identification and discussion of feasible mitigation measures, if any, which could be included in the project to minimize potential impacts related to traffic capacity or traffic safety. 7. Conduct a cumulative assessment of long-term traffic impacts which correlates with the proposed 25-year phasing plan and other related projects identified by the City and the County County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 31 in the Cumulative Development Scenario. As appropriate, identify mitigation measures and if significant impacts can be reduced to less than significant levels. 13. WASTEWATER - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable a) Violate waste discharge requirements or Central Coast Basin Plan criteria for wastewater systems? b) Change the quality of surface or ground water (e.g., nitrogen-loading, daylighting)? c) Adversely affect community wastewater service provider? d) Other: Setting. Under the County development option, a new wastewater treatment facility would be constructed on the property. As described in the NRCS Soil Survey (see Agriculture section for soil types and descriptions), the main limitations for on-site wastewater systems relates to: slow permeability, steep slopes, shallow depth to bedrock, floods, high water table. The majority of the project site and areas that will be set aside as open space and where the treatment facility will most likely be located is covered by Xererts-Xerolls-Urban land complex soils, which have unrated wastewater constraints. The limitations for soils other than Xererts-Xerolls-Urban land complex soils are summarized as follows: Shallow Depth to Bedrock – indicates that there may not be sufficient soil depth to provide adequate soil filtering of effluent before reaching bedrock. Once effluent reaches bedrock, chances increase for the effluent to infiltrate cracks that could lead directly to groundwater sources or near wells without adequate filtering, or allow effluent to daylight where bedrock is exposed to the earth’s surface. To comply with the Central Coast Basin Plan, additional information is needed prior to issuance of a building permit, such as borings at leach line locations, to show that there will be adequate separation between leach line and bedrock. Steep Slopes – where portions of the soil unit contain slopes steep enough to result in potential daylighting of wastewater effluent. To comply with the Central Coast Basin Plan, additional information is needed prior to issuance of a building permit, such as slope comparison with leach line depths, to show that there is no potential of effluent “daylighting” to the ground surface. Slow Permeability – is where fluid percolates too slowly through the soil for the natural processes to effectively break down the effluent into harmless components. The Basin Plan identifies the percolation rate should be less than 120 minutes per inch. To achieve compliance with the Central Coast Basin Plan, additional information will be needed prior to issuance of a building permit that shows the leach area can adequately percolate to achieve this threshold. High Water Table – this characteristic occurs when the soil is frequently in a saturated condition, which could be due to several possible factors, such as high groundwater or a low-lying area that is being regularly fed by a water source. The on-site system needs at least five feet between the bottom County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 32 of the leach line to the saturated soil (e.g., high groundwater, etc.) that contains soil does not remain in a saturated condition for any length of time. Otherwise, special engineering will be required to provide this separation. Prior to building permit approval, it must be shown to the satisfaction of the County that future leach lines of a new septic system show that at least a five foot separation will exist between the bottom of the trench and the top of the high groundwater area. An engineered system may be required to achieve Basin Plan criteria. Flooding – this characteristic is applied when there is a temporary inundation in an area that is subject to overflowing streams, caused by surface runoff from adjacent slopes or by tides. “Occasional” flooding refers to the area being flooded on the average once or less every two years. “Frequent” flooding refers to the area being flooded on the average once or more every two years. Under the City development option, the proposed redevelopment areas would be annexed into the City and will be served by the City for wastewater disposal. This system is currently operating at acceptable levels and the system has the capacity to support existing commitments in addition to the proposed project. Impact. The City development option proposes to use a community system which would result in a less than significant impact to groundwater resources and wastewater capacities of the City (AASP FEIR, 2003). The proposed community system has the capacity to handle the project’s additional effluent. The County development option proposes to use an on-site system as a means to dispose of wastewater. Based on the proposed project, it needs to be determined whether adequate area is available for an on-site system. On-site wastewater treatment systems proposed under the County development option would require approval by the Regional Water Quality Control Board and the County Environmental Health Services Division. Mitigation/Action Required. Due to the size of the development, it is expected that adequate area will be available for the smaller on-site septic system. Additional information will be forthcoming from the applicant to determine what, if any, of the above referenced constraints exist. An individual familiar with wastewater systems and wastewater regulations shall conduct a wastewater analysis to include, but not be limited to, the following: 1. Consultation with the City Utilities Department, County Environmental Health Division, County Building Division and Regional Water Quality Control Board. 2. Discuss existing regulations applicable to both development scenarios (i.e., on-site wastewater disposal and wastewater disposal through the City’s treatment facility); 3. Identify and discuss any potential constraints for an on-site septic system, and/or impacts to surrounding development or groundwater resources; 4. Discuss measures to reduce impacts to less than significant levels, as applicable. 14. WATER - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable a) Violate any water quality standards? b) Discharge into surface waters or otherwise alter surface water quality e.g., turbidity, temperature, dissolved oxygen, etc.)? County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 33 14. WATER - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable c) Change the quality of groundwater e.g., saltwater intrusion, nitrogen- loading, etc.)? d) Change the quantity or movement of available surface or ground water? e) Adversely affect community water service provider? f) Other: Setting. The City development option proposes to use existing City water services and extend the water main and utilities to the developable areas of the project site. The County development option proposes to use on-site wells as the water source. Groundwater at the project site consistently flows to the west-southwest. While the groundwater flow direction is relatively consistent, groundwater levels fluctuate seasonally in this area, as the majority of precipitation falls in the winter months and the summer months are typically dry. Fluctuations measured in wells have ranged from about three feet in the east to about ten feet at the western edge of the area of interest (Chevron, 2007). These fluctuations are visually evident in the changes in water levels within the large former storage reservoirs and the appearance and disappearance of ponded water in the lower-lying areas of the project site (Avocet, 2007). The surface of the Tank Farm property has been substantially reconfigured as a result of its former use as a crude oil storage tank farm. The result of this reconfiguration was the creation of a large number of closed depressions. These depressions accumulate water during the wet season and store it for up to several months. As a result of this extended submergence, areas of the Tank Farm have been designated as wetlands during previous wetland delineation efforts. The topography of the project is nearly level to steeply sloping. Acacia Creek runs along the southeastern boundary of the project site. As described in the NRCS Soil Survey, the soil surface is considered to have low to high erodibility. Projects involving more than one acre of disturbance are subject to preparing a Storm Water Pollution Prevention Plan (SWPPP) to minimize on-site sedimentation and erosion. When work is done in the rainy season, the County Ordinance requires that temporary sedimentation and erosion control measures be installed during the rainy season. Impact. Regarding surface water quality, as proposed, the project will result in surface disturbance across the project site. Remediation and restoration actives would occur in close proximity to surface water sources, including existing wetland areas, Acacia Creek, and the east fork of San Luis Obispo Creek. The proposed project remediation and restoration activities will have a beneficial impact on groundwater and surface waters at the project site. Use of on-site groundwater supply wells during construction activities is anticipated to result in a minimal effect to groundwater supplies. The remediation activities will result in the excavation of areas of surface hydrocarbon expressions that are a hazard to wildlife. Additionally, the construction of engineered caps will eliminate potential County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 34 exposure pathways for human and ecological receptors. Following the completion of project activities, the on-site wetlands will have improved function and values for the various wetland functions identified to occur on-site, including groundwater recharge, nutrient and pollution removal, and flood- flow management. Under the City redevelopment option, the project would utilize City water and sewer services. This would result in a less than significant impact to groundwater resources and water and wastewater capacities of the City (AASP FEIR, 2003). Under the County development option, individual developments built on-site would utilize individual water supply wells, which would be constructed in conformance with state water well standards. Mitigation/Action Required. WATER AVAILABILITY – Due to potentially significant impacts on water resources, a complete hydro geologic analysis shall be prepared by a certified engineering geologist and shall include, but not be limited to, the following: 1. Consultation with the City Utilities Division, County Public Works Department, Environmental Health Division, and Regional Water Quality Control Board. 2. Current and future projections of water demand for the project based on the various uses making up the proposed project's water demands over the 25-year phasing period. 3. Evaluation and discussion of on site water availability, including: a. Feasibility of individual on site wells, to supply proposed water demand under the County development scenario. b. Sustained pumping capacities of existing on site wells. c. Investigation of draw down (if any) of other wells on site and wells on neighboring properties. 4. Evaluation and discussion of the long-term capability of the ground water basin(s) to provide adequate quantities of water, and the potential for subsidence. 5. Analysis of existing and potential water quality impacts. 6. Evaluation and discussion of potential impacts on neighboring wells as a result of on site water requirements. This analysis should take into account the cumulative impacts associated with water availability impacts. 7. Identification and discussion of feasible mitigation measures, if any, which could be included in the project to minimize potential impacts related to groundwater availability. Feasible water conservation measures should be included in the analysis. WATER QUALITY – Due to potentially significant water quality impacts, additional analysis is necessary by a qualified professional and shall include, but not be limited to, the following: 1. Consultation with the Regional Water Quality Control Board, Environmental Health Division, County Agricultural Commissioner's Office, California Department of Fish & Game, and U.S. Fish & Wildlife Service. 2. Evaluation and discussion of past and present potable water quality in the area of the project site. "Area" will need to be defined as a "study area" by the consultant, and should include groundwater basins supplying adjacent properties. 3. Identification and discussion of the potential for potable water contamination to occur as a result of: a. Surface water runoff. b. Overdrafting of aquifer(s). c. Topographical alteration. d. Development. 4. Identification of nearby watercourses and their potential to support sensitive aquatic life. Evaluation of project’s impacts on surface water quality as it relates to any sensitive resources identified. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 35 5. Identification and discussion of feasible mitigation measures, if any, which could be included in the project to minimize potential impacts related to water quality. 15. LAND USE - Will the project: Inconsistent Potentially Inconsistent Consistent Not Applicable a) Be potentially inconsistent with land use, policy/regulation (e.g., general plan [county land use element and ordinance], local coastal plan, specific plan, Clean Air Plan, etc.) adopted to avoid or mitigate for environmental effects? b) Be potentially inconsistent with any habitat or community conservation plan? c) Be potentially inconsistent with adopted agency environmental plans or policies with jurisdiction over the project? d) Be potentially incompatible with surrounding land uses? e) Other: Setting/Impact. Surrounding uses are identified on Page 2 of the Initial Study. The proposed project was reviewed for consistency with policy and/or regulatory documents relating to the environment and appropriate land use (e.g., County Land Use Ordinance, AASP, etc.). The project site is currently located within the jurisdiction of the County of San Luis Obispo; however, it is also included in the AASP for future incorporation into the City’s jurisdiction. The remediation/restoration phase of the project would be performed under the jurisdiction of the County. Under the City development option, the project site would be annexed into the City’s jurisdiction. Under the County development option, the redevelopment of portions of the project site would occur under County jurisdiction. The AASP indicates that land use designations for the site include Open Space, as well as Services and Manufacturing. According to the County’s Land Use and Combining Designations Maps for the San Luis Obispo Planning Area, the site is zoned for Industrial, Commercial Service, and Recreation. The project site is also within the Airport Land Use Zones 2 and 3 (Airport Review Area) and is within the City’s URL. A 100-Year Flood Hazard Overlay Combining Designation is included for portions of the project site where creeks traverse the property, such as Acacia Creek. The AASP proposes that the project site be zoned Commercial/Open Space (C/OS-SP) and Service Commercial or Manufacturing (CS-SP or M-SP). Proposed zoning surrounding the Tank Farm property would include Business Park (BP-SP), Public Facility (PF-SP), and Agriculture (AG-SP-20). A roadway segment is proposed on the eastern side of the project site, as an extension of Santa Fe Road. Other proposed roadways near the property include local roads providing access to the commercial/industrial areas. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 36 A major portion of the Tank Farm property is located in Airport Land Use Zones and is not proposed to have a concentration of urban uses due to incompatible levels of noise and safety risks. Rather, the AASP envisions that much of the Tank Farm property could become a visual resource of open space land and contribute to airport safety. Those portions not significantly affected by airport safety zones or environmentally sensitive habitat could be redeveloped or selectively built up with new development. No specific trails or parks are proposed for the Tank Farm property under the County’s San Luis Obispo Area Plan; however, countywide, joint-use agreements and new trails or parks are encouraged in association with the implementation of specific plans. As proposed by the City’s Airport Area Specific Plan’s Bicycle Plan, several Class I multi-use paths paralleling creeks, riparian corridors and streets could traverse the Tank Farm property in the future. The project is not within or adjacent to a Habitat Conservation Plan area. The proposed project would require amendments to the County General Plan, the Airport Area Specific Plan, and the City’s General Plan Land Use Policy map. Mitigation/Action Required. This analysis is to be accomplished by a qualified land use planner and is to include, but not be limited to, the following: 1. Consultation with the City and County Planning Departments, California Department of Fish & Game, U.S. Fish & Wildlife, Air Pollution Control District. 2. Evaluation and discussion of the proposed project as it relates to all applicable elements of the City’s and the County’s General Plan. 16. MANDATORY FINDINGS OF SIGNIFICANCE - Will the project: Potentially Significant Impact can will be mitigated Insignificant Impact Not Applicable a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) c) Have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 37 For further information on CEQA or the county’s environmental review process, please visit the County’s web site at “www.sloplanning.org” under “Environmental Review”, or the California Environmental Resources Evaluation System at: “http://ceres.ca.gov/topic/env_law/ceqa/ guidelines/” for information about the California Environmental Quality Act. County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 38 Exhibit A - Initial Study References and Agency Contacts The County Planning or Environmental Division have contacted various agencies for their comments on the proposed project. With respect to the subject application, the following have been contacted marked with an ) and when a response was made, it is either attached or in the application file: Contacted Agency Response County Public Works Department Not Applicable County Environmental Health Division Not Applicable County Agricultural Commissioner's Office Not Applicable County Airport Manager Not Applicable Airport Land Use Commission Not Applicable Air Pollution Control District Not Applicable County Sheriff's Department Not Applicable Regional Water Quality Control Board Not Applicable CA Coastal Commission Not Applicable CA Department of Fish and Game Not Applicable CA Department of Forestry Not Applicable CA Department of Transportation Not Applicable Community Service District Not Applicable Other County Information Services Not Applicable Other County Parks Not Applicable No comment” or “No concerns”-type responses are usually not attached The following checked (“”) reference materials have been used in the environmental review for the proposed project and are hereby incorporated by reference into the Initial Study. The following information is available at the County Planning and Building Department. Project File for the Subject Application County documents Airport Land Use Plans Annual Resource Summary Report Building and Construction Ordinance Coastal Policies Framework for Planning (Coastal & Inland) General Plan (Inland & Coastal), including all maps & elements; more pertinent elements considered include: Agriculture & Open Space Element Energy Element Environment Plan (Conservation, Historic and Esthetic Elements) Housing Element Noise Element Parks & Recreation Element Safety Element Land Use Ordinance Real Property Division Ordinance Trails Plan Solid Waste Management Plan San Luis Obispo Area Plan and Update EIR Circulation Study Other documents Archaeological Resources Map Area of Critical Concerns Map Areas of Special Biological Importance Map California Natural Species Diversity Database Clean Air Plan Fire Hazard Severity Map Flood Hazard Maps Natural Resources Conservation Service Soil Survey for SLO County Regional Transportation Plan Uniform Fire Code Water Quality Control Plan (Central Coast Basin – Region 3) GIS mapping layers (e.g., habitat, streams, contours, etc.) Other See reference list below County of San Luis Obispo, Initial Study for City-County IS_ draft working Page 39 In addition, the following project specific information and/or reference materials have been considered as a part of the Initial Study: Associated Transportation Engineers, 2007. Chevron San Luis Obispo Remediation Project, Traffic and Circulation Study, prepared for Padre Associates, Inc., November. Avocet Environmental, Inc. 2007. Feasibility Study for the former San Luis Obispo Tank Farm, prepared for Chevron. San Luis Obispo, CA. California Natural Diversity Data Base (CNDDB). 2007. RAREFIND-2 Query for the Arroyo Grande NE, Atascadero, Lopez Mtn., Morro Bay South, Morro Bay North, Pismo Beach, Port San Luis, San Luis Obispo, and Santa Margarita 7.5-minute quadrangles. California Department of Fish and Game. Sacramento, CA. Chevron Environmental Management Company. 2007. Project Execution Plan for the Chevron San Luis Obispo Tank Farm Restoration and Re-development Project, San Luis Obispo, CA. Conway, Thor. 2008. An Archeological Surface Survey at the Unocal San Luis Obispo Tank Farm, San Luis Obispo, San Luis Obispo County, California. EDAW, Inc. 1999. Wetland Delineation for Unocal Tank Farm. San Luis Obispo, CA Entrix. 1998. Scoping Ecological Risk Assessment and Biological Site Characterization for Unocal Tank Farm Road Site. Unocal Corporation. San Luis Obispo, CA. Jenesis. 2003. Final State Wetland Delineation Report for Unocal’s San Luis Obispo Tank Farm, San Luis Obispo County, CA. Padre Associates, Inc. (Padre). 2007a. Appendix A. Vascular Plant Flora of the Chevron EMC San Luis Obispo Tank Farm. San Luis Obispo, CA. Padre Associates, Inc. (Padre). 2007b. Appendix B. Wildlife Observed or Expected to Occur within the Chevron EMC San Luis Obispo Tank Farm. San Luis Obispo, CA. Padre Associates, Inc. (Padre). 2007c. Geotechnical Feasibility Study Tank Farm Property, Tank Farm Remedial Action Project, San Luis Obispo, San Luis Obispo County, CA. Padre Associates, Inc. (Padre). 2003. Natural Environment Study: Tank Farm Road Safety and Operational Improvements Project. San Luis Obispo, CA. Rincon Consultants, Inc. (Rincon). 2005. Unocal Corporation San Luis Obispo Tank Farm Comprehensive Fairy Shrimp Wet and Dry Season Survey Report. Rincon Consultants, Inc. (Rincon). 2003-2004. Unocal San Luis Obispo Tank Farm Phase I, II, III Biological Resources Studies. Union Oil Company of California. San Luis Obispo, CA. Rincon Consultants, Inc. (Rincon). 2000. Damon-Garcia Sports Complex Project: Biological and Wetland Assessment. City of San Luis Obispo Parks and Recreation Department. San Luis Obispo, CA. WSP Environmental Strategies. 2007. Operational Field Draft Guidebook to Assessment of Riverine, Slope, and Depressional Waters/Wetlands Functions at the Chevron Tank Farm, San Luis Obispo, CA. WSP Environmental Strategies. 2007. Basis of Design: Waters/Wetlands Ecosystem Restoration for the Chevron Tank Farm, San Luis Obispo, CA. Chevron Tank Farm Restoration and Redevelopment Project Initial Study Figure 1 Site Vicinity PROJECT SITE Chevron Tank Farm Restoration and Redevelopment Project Initial Study Figure 2 Land Use Category PROJECT SITE