Region Calendar YeVehicle CateModel Year Speed Fuel Population VMT Trips NOx_RUNEXNOx_IDLEX NOx_STREX PM2.5_RUNPM2.5_IDLEPM2.5_STR PM2.5_PM PM2.5_PM PM10_RUNPM10_IDLE PM10_STREPM10_PMTPM10_PMBCO2_RUNEXCO2_IDLEX CO2_STREX CH4_RUNEXCH4_IDLEX CH4_STREX N2O_RUNEXN2O_IDLEX N2O_STREXROG_RUNE ROG_IDLEX ROG_STREXROG_HOTSOROG_RUNLOROG_RESTL ROG_DIURNTOG_RUNEXTOG_IDLEX TOG_STREXTOG_HOTSOTOG_RUNLOTOG_RESTL TOG_DIURNCO_RUNEX CO_IDLEX CO_STREX SOx_RUNEXSOx_IDLEX SOx_STREX FRESNO 2022 HHDT Aggregated Aggregated DSL 16686.85 2302316 192966.5 3.015235 75.63203 2.072195 0.032777 0.035827 0 0.008941 0.026287 0.034259 0.037447 0 0.035764 0.061335 1403.737 14690.23 0 0.00273 0.273417 0 0.220648 2.309099 0 0.058783 5.886584 0 0 0 0 0 0.06692 6.701428 0 0 0 0 0 0.289022 82.01959 0 0.013262 0.138786 0 FRESNO 2022 LHDT1 Aggregated Aggregated DSL 10563 361877.2 132869.2 2.480866 2.32483 0 0.029456 0.026649 0 0.003 0.03276 0.030787 0.027854 0 0.012 0.07644 565.9064 137.8972 0 0.008391 0.005098 0 0.088953 0.021676 0 0.180652 0.10976 0 0 0 0 0 0.20566 0.124954 0 0 0 0 0 0.842791 0.909745 0 0.00535 0.001304 0 FRESNO 2022 LHDT2 Aggregated Aggregated DSL 3640.727 126379.6 45795.76 2.055033 2.296398 0 0.027333 0.026567 0 0.003 0.03822 0.028568 0.027768 0 0.012 0.08918 632.5731 220.5499 0 0.007861 0.005098 0 0.099432 0.034667 0 0.169253 0.10976 0 0 0 0 0 0.192684 0.124954 0 0 0 0 0 0.781622 0.909745 0 0.00598 0.002085 0 FRESNO 2022 MDV Aggregated Aggregated DSL 2257.042 90386.49 10845.06 0.058641 0 0 0.005147 0 0 0.002 0.01575 0.00538 0 0 0.008 0.03675 366.7976 0 0 0.000483 0 0 0.057655 0 0 0.010403 0 0 0 0 0 0 0.011843 0 0 0 0 0 0 0.17317 0 0 0.003468 0 0 FRESNO 2022 MHDT Aggregated Aggregated DSL 9785.05 670211.9 89846.78 2.265639 6.439362 1.736045 0.037316 0.014669 0 0.003 0.05586 0.039004 0.015332 0 0.012 0.13034 1058.691 796.9348 0 0.004529 0.004242 0 0.166411 0.125267 0 0.097513 0.091327 0 0 0 0 0 0.111011 0.103969 0 0 0 0 0 0.321809 2.294769 0 0.010002 0.007529 0
PUBLIC REVIEW DRAFT ENVIRONMENTAL I MPACT REPORT
F EBRUARY 2023
2740 WEST NIELSEN AVENUE OFFICE /WAREHOUSE P ROJECT
F RESNO, C ALIFORNIA
P:\SNN2102 2740 W. Nielsen\PRODUCTS\DEIR\Public Review\Appendices Cover Sheets.docx (02/16/23)
APPENDIX E
BIOLOGICAL EVALUATION
LSA
2740 WEST NIELSEN AVENUE OFFICE /WAREHOUSE P ROJECT
F RESNO, C ALIFORNIA
PUBLIC REVIEW DRAFT ENVIRONMENTAL I MPACT REPORT
F EBRUARY 2023
P:\SNN2102 2740 W. Nielsen\PRODUCTS\DEIR\Public Review\Appendices Cover Sheets.docx (02/16/23) This page intentionally left blank
LSA
BIOLOGICAL EVALUATION
NIELSEN AVENUE OFFICE/WAREHOUSE PROJECT
FRESNO COUNTY, CALIFORNIA
Prepared by:
Live Oak Associates, Inc.
Austin Pearson (Director of Ecological Services)
Jeff Gurule (Senior Project Manager)
Prepared for:
Jake Kurth
Scannell Properties
294 Grove Lane East, Suite 140
Wayzata, Minnesota 55391
April 13, 2021 File No. 2557-01
LIVE OAK ASSOCIATES, INC.
an Ecological Consulting Firm
Oakhurst: P.O. Box 2697 • 39930 Sierra Way, Suite B • Oakhurst, CA 93644 • Phone: (559) 642-4880 • Fax: (559) 642-4883 San Jose: 6840 Via Del Oro, Suite 220 • San Jose, CA 95119 • Phone: (408) 224-8300 • Fax: (408) 224-2411 Truckee: P.O. Box 8810 • Truckee, CA 96161 • Phone: (530) 214-8947 www.loainc.com
Live Oak Associates, Inc.
ii
EXECUTIVE SUMMARY
Pursuant to the California Environmental Quality Act (CEQA), Live Oak Associates, Inc. (LOA) investigated potential impacts to biological resources associated with the proposed development of the Nielsen Avenue Office/Warehouse Project (“project”) on an approximately 48-acre property (“project site”) in the City of Fresno. Current zoning of the site is for heavy industrial uses. The proposed project entails the construction of three office/warehouse buildings that will function as an industrial warehouse and distribution business center. The entire project site was once utilized for similar industrial purposes, but the previous facility was decommissioned and demolished.
On March 18, 2021, LOA ecologist Jeff Gurule surveyed the project site for its biotic habitats, the plants and animals occurring in those habitats, and significant habitat values that may be protected by state and federal law. At the time of the field survey, the project site was entirely ruderal in nature, consisting primarily of hardscape with herbaceous weedy vegetation growing in hardscape cracks. A small portion of the site contained open ground supporting similar herbaceous weeds. A few small trees and shrubs occurred on the site. Lands within the vicinity of the project site are utilized primarily for industrial, commercial, and residential purposes.
The disturbed nature of the site, predominance of hardscape, and proximity to urban development has created habitat conditions that are unsuitable for most native plants and wildlife. However, the project has the potential to result in construction-related mortality or disturbance of urban-adapted, native nesting birds that are protected under the Federal Migratory Bird Treaty Act, California Migratory Bird Protection Act, and California Fish and Game Code. This potential impact would be considered significant under CEQA. Project construction outside the nesting season and avoidance of active nests identified during preconstruction surveys will reduce the magnitude of potential impacts to nesting birds to a less than significant level.
No other biological resources would be significantly affected by the project as defined by CEQA. The project will have no effect on all locally occurring special status plant species, an insignificant effect, or no effect, on 22 locally occurring special status animal species, and no effect on designated critical habitat, sensitive habitats, wildlife movement corridors, and waters of the U.S. or California. The project also appears to be consistent with local plans and ordinances. No Habitat Conservation Plans or Natural Community Conservation Plans are known to apply to the project.
Live Oak Associates, Inc.
iii
TABLE OF CONTENTS
EXECUTIVE SUMMARY ....................................................................................................................................... ii
1.0 INTRODUCTION ................................................................................................................................................ 1
1.1 PROJECT DESCRIPTION ............................................................................................................................. 1
1.2 REPORT OBJECTIVES .................................................................................................................................. 1
1.3 STUDY METHODOLOGY ............................................................................................................................. 4
2.0 EXISTING CONDITIONS .................................................................................................................................. 5
2.1 BIOTIC HABITATS/LAND USES ................................................................................................................. 6
2.2 SPECIAL STATUS PLANTS AND ANIMALS ............................................................................................. 8
2.3 JURISDICTIONAL WATERS ...................................................................................................................... 13
2.4 SENSITIVE NATURAL COMMUNITIES .................................................................................................. 14
2.5 WILDLIFE MOVEMENT CORRIDORS .................................................................................................... 14
2.6 DESIGNATED CRITICAL HABITAT ........................................................................................................ 14
3.0 IMPACTS AND MITIGATIONS ..................................................................................................................... 15
3.1 RELEVANT GOALS, POLICIES, AND LAWS ......................................................................................... 16
3.1.1 City of Fresno General Plan Policies ........................................................................................................ 16
3.1.2 Habitat Conservation Plans and Natural Community Conservation Plans ................................................ 17
3.1.3 Threatened and Endangered Species ......................................................................................................... 17
3.1.4 California Fully Protected Species ............................................................................................................ 18
3.1.5 Migratory Birds ......................................................................................................................................... 18
3.1.6 Birds of Prey ............................................................................................................................................. 18
3.1.7 Nesting Birds ............................................................................................................................................. 19
3.1.8 Wetlands and Other Jurisdictional Waters ................................................................................................ 19
4.0 IMPACT ANALYSIS ........................................................................................................................................ 24
4.1 POTENTIALLY SIGNIFICANT PROJECT IMPACTS/MITIGATION ................................................. 24
4.1.1 Project-Related Mortality/Disturbance of Other Nesting Birds ................................................................ 24
4.2 LESS THAN SIGNIFICANT PROJECT IMPACTS .................................................................................. 25
4.2.1 Special Status Plants.................................................................................................................................. 25
4.2.2 Special Status Animal Species Absent from or Unlikely to Occur on the Project Site ............................. 25
4.2.3 Special Status Animal Species that May Occur within the Project Site as Occasional or Regular Foragers but Breed or Roost Elsewhere ................................................................................................................ 25
4.2.4 Wildlife Movement Corridors ................................................................................................................... 26
4.2.5 Waters of the United States and California. .............................................................................................. 26
4.2.6 Designated Critical Habitat and Sensitive Natural Communities .............................................................. 26
4.2.7 Local Policies or Habitat Conservation Plans ........................................................................................... 26
5.0 LITERATURE REFERENCED ....................................................................................................................... 28 APPENDIX A: VASCULAR PLANT LIST .......................................................................................................... 29 APPENDIX B: TERRESTRIAL VERTEBRATE SPECIES THAT POTENTIALLY OCCUR WITHIN THE PROJECT SITE .............................................................................................................................................. 31 APPENDIX C: PHOTOS ........................................................................................................................................ 34
1.0 INTRODUCTION
This report, prepared by Live Oak Associates, Inc. (LOA) in compliance with the California Environmental Quality Act (CEQA), describes the biotic resources associated with the proposed Nielsen Avenue Office/Warehouse Project (“project”) and assesses potential project-related impacts to those resources. The project site occupies an approximately 48-acre property (“project site”) at 2740 W. Nielsen Avenue in the City of Fresno, California (Figure 1). The project site is within a portion of the city zoned for heavy industrial uses. The site can be found primarily in the Fresno South 7.5” U.S. Geological Survey (USGS) 7.5-minute quadrangle; Section 6 of Township 14 South, Range 20 East, Mount Diablo Base and Meridian (Figure 2).
1.1 PROJECT DESCRIPTION
The project is the construction of three office/warehouse buildings that will function as an industrial warehouse and distribution business center. One building will encompass approximately 407,680 square feet and the other two buildings 225,576 square feet each. The proposed hours of operations of the facilities are 24 hours a day, 7 days a week.
1.2 REPORT OBJECTIVES
This report addresses issues related to: 1) sensitive biotic resources occurring on the project site; 2) the federal, state, and local laws regulating such resources; and 3) mitigation measures that may be required to reduce the magnitude of anticipated project-related impacts and/or comply with permit requirements of state and federal resource agencies. As such, the objectives of this report are to:
Summarize all site-specific information related to existing biological resources; Make reasonable inferences about the biological resources that could occur on site based on habitat suitability and the proximity of the site to a species’ known range; Summarize all state and federal natural resource protection laws that may be relevant to future site development;
Identify and discuss project impacts to biological resources likely to occur on the site within the context of CEQA and state or federal laws;
FRESNO
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Vicinity Map
Not to scale
Project
Vicinity
See Location Map
(above)
Regional Map
See
Vicinity Map
(left)
Live Oak Associates, Inc.
Date Project # Figure #
1 99
Project
Site S HUGHES AVE
Project
Site
MADERA
Nielsen Ave Office / Warehouse
Site / Vicinity Map
4/06/2021 2557-01
Site Location Map
0 1 mile
approximate scale
1 ~
)
I STATE HWY 180
------
..
Project Boundary
Project Boundary
State Route 180
0 approximate scale
1/2 mile
From USGS
Fresno North 7.5' Quadrangle 1981
Fresno South 7.5' Quadrangle 1981
1/2 mile
Live Oak Associates, Inc.
Date Project # Figure #
2 U.S.G.S. Quadrangle
Nielsen Ave Office / Warehouse
4/06/2021 2557-01
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4 Live Oak Associates, Inc.
Identify avoidance, minimization, and/or mitigation measures that would reduce the magnitude of project impacts in a manner consistent with the requirements of CEQA and that are generally consistent with the requirements of the resource agencies regulating affected biological resources
1.3 STUDY METHODOLOGY
A reconnaissance-level field survey was conducted on March 18, 2021 by LOA biologist Jeff Gurule. The survey consisted of systematically walking across the project site while identifying principal land uses and biotic habitats, identifying plant and animal species encountered, and assessing the suitability of the habitats within the project site for special status species.
LOA conducted an analysis of potential project impacts to biological resources based on the known and potential biotic resources of the project site and vicinity. Sources of information used in the preparation of this analysis included: (1) the California Natural Diversity Data Base (CDFW 2021), (2) the Online Inventory of Rare and Endangered Vascular Plants of California (CNPS 2021), and (3) manuals, reports, and references related to plants and animals of the San Joaquin Valley region.
LOA’s field investigation did not include focused surveys for special status species. The field survey was sufficient to assess the possible biological impacts associated with development of the site.
5 Live Oak Associates, Inc.
2.0 EXISTING CONDITIONS
The geographical and biological setting of the project provides the context for analyzing potential impacts to biological resources from future site development. The project site is located within a region of Fresno that was historically utilized for agricultural uses. This region of the city is currently zoned for heavy industrial uses and is increasingly utilized for commercial and industrial purposes. Some agricultural rural residential uses remain in the area surrounding the project site.
Like most of California, the project vicinity experiences a Mediterranean climate. Warm dry summers are followed by cool moist winters. Summer temperatures commonly exceed 90 degrees Fahrenheit, and the relative humidity is generally very low. Winter temperatures rarely rise much above 70 degrees Fahrenheit, with daytime highs often below 60 degrees Fahrenheit.
Annual precipitation within the project site is about 11 inches, almost 85% of which falls between the months of October and March. Nearly all precipitation falls in the form of rain. Stormwater runoff appears to collect in a cement ditch along the southern edge of the site. This ditch leads to an underground pipe that heads south toward Nielsen Avenue, likely to a stormwater drainage piping system beneath Nielsen Avenue.
Natural drainages are absent from the project vicinity. The nearby Houghton Canal appears to source water from Redbank Slough and the Kings River and distribute water to farmland to the west of the project site.
The site itself consists of a former industrial warehouse site that has been demolished. The site’s topography is relatively flat, with a median elevation of approximately 288 feet National Geodetic Vertical Datum (NGVD).
Soils of the site have been mostly paved over. A few areas of exposed soils occur on the site; however, the soils here have been significantly disturbed through decades of industrial and agricultural activity and are unlikely to exhibit their native soil characteristics. 6 Live Oak Associates, Inc.
2.1 BIOTIC HABITATS/LAND USES
At the time of LOA’s field survey, the site consisted of a vacant urban lot surrounded by chain link fencing and supported a single biotic habitat/land use type characterized as ruderal (Figure 3). Lists of the vascular plant species observed within the project site and the terrestrial vertebrates using, or potentially using, the site are provided in Appendices A and B, respectively. Representative photos of the site are presented in Appendix C.
The site was mostly barren of vegetation at the time of the survey. However, vegetation did occur in pavement cracks and in unpaved areas. Where vegetation was present, it consisted of non-native herbaceous weed species such as red brome (Bromus madritensis ssp. rubens), telegraphweed (Heterotheca grandiflora), red-stemmed filaree (Erodium cicutarium), prickly lettuce (Lactuca serriola), and common and small-flowered fiddleneck (Amsinckia intermedia and menziesii), among others. A few non-native trees and shrubs occurred on the site including Mexican fan palm (Washingtonia robusta), oleander (Nerium oleander), and red gum (Eucalyptus camaldulensis), among others.
Due to the site’s extensive hardscape, paucity of vegetation, and perimeter fencing, it provides limited habitat value for native wildlife species. Amphibians are expected to be absent from the site due to the absence of aquatic habitats on the site. A limited number of reptile species would be expected to forage on the site. Two lizard species were observed during the field survey of the site: the western fence lizard (Sceloporus occidentalis) and common side-blotched lizard (Uta stansburiana). Few, if any, other reptile species are expected to occur on the site.
The few shrubs and trees on the site, as well as the ground, provide possible nesting habitat for a few urban adapted avian species. Birds potentially nesting on the site include mourning doves (Zenaida macroura), killdeer (Charadrius vociferus), and northern mockingbird (Mimus polyglottos). The likelihood of nesting is diminished by the limited foraging opportunity on the site, however. At the time of the field survey, the only bird species actually observed utilizing the site was the killdeer.
Although small mammal burrows were scarce on the site at the time of the field survey, a few small mammal species would be expected to occasionally occur in earthen areas of the site.
Live Oak Associates, Inc.
Date Project # Figure #
3 Houghton Canal
Houghton Canal
Union Pacific Railroad
W. Nielsen Ave
N. Marks AveN. Hughes Ave
APPROXIMATE PROJECT BOUNDARY
Aerial photograph courtesy of Google Earth
Photo Date 5/2020
0 400 feet
approximate scale
400' 200'
Nielsen Ave Office / Warehouse
Project Site
4/06/2021 2557-01
------
8 Live Oak Associates, Inc.
These include California ground squirrels (Otospermophilus beecheyi), deer mice (Peromyscus maniculatus), house mice (Mus musculus), and Botta’s pocket gophers (Thomomys bottae).
Mammalian predators potentially occurring on the site would be limited by the surrounding fence. Possible species that may occasionally occur on the site include the raccoon (Procyon lotor) and feral cat (Felis catus).
2.2 SPECIAL STATUS PLANTS AND ANIMALS
A number of species of plants and animals within the state of California have low populations and/or limited distributions. Such species may be considered “rare” and are vulnerable to extirpation as the state’s human population grows and the habitats these species occupy are converted to agricultural and urban uses. As described more fully in Section 3.1, state and federal laws have provided the CDFW and the USFWS with a mechanism for conserving and protecting the diversity of plant and animal species native to the state. A sizable number of native plants and animals have been formally designated as “threatened” or “endangered” under state and federal endangered species legislation. Others have been designated as candidates for such listing. Still others have been designated as “species of special concern” by the CDFW.
The California Native Plant Society (CNPS) has developed its own set of lists (i.e., California Rare Plant Ranks, or CRPR) of native plants considered rare, threatened, or endangered (CNPS 2021). Collectively, these plants and animals are referred to as “special status species.” The California Natural Diversity Data Base (CNDDB) was queried for special status species occurrences in the nine U.S.G.S. 7.5-minute quadrangles containing and surrounding the project site. These quads included Fresno South, Malaga, Conejo, Caruthers, Raisin, Kearney Park, Herndon, Fresno North, and Clovis. These species, and their potential to occur on the project site, are listed in Table 1 on the following pages. Other sources of information for this table included California’s Wildlife, Volumes I, II, and III (Zeiner et. al 1988-1990), The Jepson Manual: Vascular Plants of California, second edition (Baldwin et al 2012), the California Native Plant Society’s Inventory of Rare and Endangered Vascular Plants of California (CNPS 2021), Calflora.org, and eBird.org.
Special status species occurrences within 3.1 miles of the project site are depicted in Figure 4.
Five Kilometer (3.1 mile) radius
PROJECT
SITE
2 miles 2 miles
approximate scale
0 Live Oak Associates, Inc.
Date Project # Figure #
4 Special-status Species
Sources:
California Dep. of Fish & Wildlife Natural Diversity Database U.S. Fish & Wildlife Service
Multiple overlapping sightings of:
Fresno kangaroo rat
Western mastiff bat
California glossy snake
California jewelflower
California satintail
California tiger salamander
Crotch bumble bee
Madera leptosiphon
Northern California legless lizard
Swainson's hawk
Coast horned lizard
(Polygon extents can reflect location uncertainty)
Special-status Species Observations
Nielsen Ave Office / Warehouse
4/06/2021 2557-01
CJ
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180
10 Live Oak Associates, Inc.
TABLE 1. LIST OF SPECIAL STATUS SPECIES POTENTIALLY OCCURRING WITHIN
HABITATS OF THE PROJECT SITE
PLANTS: Adapted from the California Natural Diversity Base (CDFW 2021) and the Inventory of Rare and Endangered Vascular Plant Species of California (CNPS 2021) Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act Species Status Habitat/Range *Occurrence within the Project Site Succulent Owl’s Clover
(Castilleja campestris ssp.
succulenta)
FT, CE
CRPR 1B
Occurs in vernal pools and swales in
valley foothills and grasslands of the
San Joaquin and Sacramento Valleys
from Fresno Co. on the south to
Solano County on the north; blooms
April to May.
Absent. Vernal pool habitat required by this
species is absent from the project site.
California Jewel-flower
(Caulanthus californicus)
FT, CT,
CRPR 1B
Chenopod scrub, pinyon juniper
woodland, valley and foothill scrub.
Blooms February-May.
Absent. Suitable habitat for this species is
absent from the project site.
San Joaquin Valley Orcutt
Grass
(Orcuttia ineaqualis)
FT, CE
CRPR 1B
Occurs in deep vernal pools of
California’s San Joaquin Valley;
blooms April to September.
Absent. Vernal pool habitat required by this
species is absent from the project site.
Hairy Orcutt Grass
(Orcuttia pilosa)
FE, CE
CRPR 1B
Occurs in vernal pools of California’s
Central Valley. Requires deep pools
with prolonged periods of inundation;
blooms May to September.
Absent. Vernal pool habitat required by this
species is absent from the project site.
Greene’s Tuctoria
(Tuctoria greenei)
FE
CRPR 1B
Occurs in vernal pools of California’s
Central Valley from Shasta Co. on
the north to Tulare Co. on the south;
blooms May to September.
Absent. Vernal pool habitat required by this
species is absent from the project site.
CNPS-listed Species
Lesser Saltscale
(Atriplex minuscula)
CRPR 1B Occurs in sandy, alkaline soils of
alkali sinks and grasslands. Blooms
May to October.
Absent. Habitat and soils required by this
species are absent from the project site. No
Atriplex species were observed during the
field survey.
California Satintail
(Imperata brevifolia)
CRPR 2B This perennial grass is found in
scrubland and chaparral habitats
where water is available. Blooms
September-May.
Absent. Suitable habitat for this species is
absent from the project site.
Alkali-Sink Goldfields
(Lasthenia chrysantha)
CRPR 1B Occurs in alkaline vernal pools.
Blooms February to June.
Absent. Suitable habitat in the form of vernal
pools is absent from the project site.
Madera Leptosiphon
(Leptosiphon serrulatus)
CRPR 1B Occurs in cismontane woodland,
lower montane coniferous forests,
and annual grasslands of the Sierra
foothills from Madera Co. on the
north to Kern Co. on the south. This
species prefers dry slopes, often on
decomposed granite in woodland.
Blooms April to May.
Absent. Suitable habitat for this species is
absent from the project site.
Sanford’s Arrowhead
(Sagittaria sanfordii)
CRPR 1B Occurs in freshwater marshes, pond
margins, sloughs, canals of
California’s Central Valley and low
Sierra Foothills. Blooms May to
October.
Absent. Suitable habitat for this species is
absent from the project site.
11 Live Oak Associates, Inc.
TABLE 1. LIST OF SPECIAL STATUS SPECIES POTENTIALLY OCCURRING WITHIN
HABITATS OF THE PROJECT SITE
ANIMALS (adapted from CDFW 2021)
Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act Species Status Habitat *Occurrence within the Project Site Vernal Pool Fairy Shrimp
(Branchinecta lynchi)
FT Primarily found in vernal pools of
California’s Central Valley.
Absent. Vernal pool habitat required by this
species is absent from the project site.
Crotch Bumble Bee
(Bombus crotchii)
CCE Inhabits open grassland and scrub
habitats of the southern 2/3 of
California. Historically in, but largely
extirpated from the Central Valley.
Flight period for queens is late
February to late October peaking in
April and July; flight period for males
and workers is March through
September peaking in early July.
Constructs nests underground in
animal burrows. Overwintering sites
are likely in soft soils or in debris or
leaf litter. Food plant genera include
Antirrhinum, Phacelia, Clarkia,
Dendromecon, Eschscholzia, and
Eriogonum.
Absent. Suitable habitat for this species is absent
from the project site.
Valley Elderberry Longhorn
Beetle
(Desmocerus californicus
dimorphus)
FT Lives in mature elderberry shrubs of
California’s Central Valley and Sierra
foothills.
Absent. Blue elderberry shrubs required by this
species are absent from the project site.
Furthermore, the current opinion of the USFWS
is that Fresno County is outside the range of this
subspecies.
California Tiger Salamander
(Ambystoma californiense)
FT,
CT
Found primarily in annual grasslands;
requires vernal pools for breeding and
rodent burrows for refuge.
Absent. Suitable breeding habitat in the form of
large vernal pools within grassland habitat is
absent from the project site and surrounding
lands.
Giant Garter Snake
(Thamnophis gigas)
FT,
CT
Requires permanent or summer water
with vegetative cover and a dense
prey population at higher elevation
uplands not prone to flooding.
Absent. Suitable habitat for this species is absent
from the project site and surrounding lands.
Least Bell’s Vireo
(Vireo bellii pusillus)
FE,
CE
Summer resident of Southern
California in low riparian in vicinity
of water or in dry river bottoms.
Typically nests in willow, Baccharis,
or mesquite shrubs.
Absent. The project site provides no breeding or
foraging habitat for this species. Moreover, this
species has been extirpated from the project
vicinity.
Swainson’s Hawk
(Buteo swainsoni)
CT Summer migrant in the Central
Valley. Forages in grasslands and
fields close to riparian areas.
Unlikely. Suitable nesting habitat is absent from
the project site. Foraging habitat is absent to
extremely marginal on the site due to the
predominance of paved surfaces on the site. At
most, this species may occasionally pass over the
site during migration.
Tricolored Blackbird
(Agelaius tricolor)
CT Breeds colonially near fresh water in
dense bulrush, cattails, or thickets of
willows or shrubs. Occasionally nests
in wheat fields. Forages in a wide
variety of habitats.
Unlikely. This species is unlikely to occur in the
urban environment in which the project is
situated. Furthermore, suitable nesting habitat is
absent from the project site and surrounding
lands.
Western Yellow-billed
Cuckoo
(Coccyzus americanus
occidentalis)
CE Frequents valley foothill and desert
riparian habitats in scattered locations
in California
Absent. The project site provides no breeding or
foraging habitat for this species. Furthermore,
this species has been extirpated from the project
vicinity.
12 Live Oak Associates, Inc.
TABLE 1. LIST OF SPECIAL STATUS SPECIES POTENTIALLY OCCURRING WITHIN
HABITATS OF THE PROJECT SITE
ANIMALS (adapted from CDFW 2021)
Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act (cont.) Species Status Habitat *Occurrence within the Project Site Fresno Kangaroo Rat
(Dipodomys nitratoides
exilis)
FE, CE Inhabits grassland on gentle slopes
of generally less than 10°, with
friable, sandy-loam soils.
Absent. Suitable habitat for this species is absent
from the project site and surrounding lands.
Furthermore, this species is currently only
known to occur in Kings County (ESRP 2020).
San Joaquin Kit Fox
(Vulpes macrotis mutica)
FE, CT Occurs in desert alkali scrub and
annual grasslands of California’s
San Joaquin Valley and Tulare
Basin, extending west into San
Luis Obispo County. This species
may forage in adjacent agricultural
habitats.
Absent. Suitable habitat for this species is absent
to extremely marginal. While this species has
adapted to urban environments in the Bakersfield
area, no urban adapted populations of San
Joaquin kit fox are known to occur in the Fresno
metropolitan area.
State Species of Special Concern
Western Spadefoot
(Spea hammondii)
CSC Primarily occurs in grasslands, but
also occurs in valley and foothill
hardwood woodlands. Requires
vernal pools or other temporary
wetlands for breeding.
Absent. Suitable breeding habitat in the form of
vernal pools is absent from the project site and
surrounding lands.
Western Pond Turtle
(Emys marmorata)
CSC Occurs in ponds and slow-moving
rivers and streams of the Sierra
foothills and Central Valley.
Absent. Suitable aquatic habitat required by this
species is absent from the project site and
surrounding lands.
Coast Horned Lizard
(Phrynosoma blainvillii)
CSC Occurs in a wide variety of natural
habitats. Most common in lowlands
along sandy washes with scattered
low bushes where there are open
areas for sunning, bushes for cover,
patches of loose soil for burial, and
abundant supply of ants and other
insects.
Absent. Suitable habitat for this species is absent
from the project site and surrounding lands.
Northern California Legless
Lizard
(Anniella pulchra)
CSC Moist sandy or loose loamy soils
under sparse vegetation.
Absent. Suitably loose and moist soils are absent
from the project site. Furthermore, the only
documented occurrence in the region is an 1880s
specimen collection.
California Glossy Snake
(Arizona elegans
occidentalis)
CSC Occurs in arid scrub, rocky washes,
grasslands, and chaparral from the
eastern San Francisco Bay Area
south to northwestern Baja,
excluding coastal areas in Central
California. Known from up to
7,200 ft. in elevation.
Absent. Ruderal habitat found on the project site
provides unsuitable habitat for this species.
Burrowing Owl
(Athene cunicularia
hypugaea)
CSC Found in open, dry grasslands,
deserts, and ruderal areas; requires
ground squirrel burrows for cover
and nesting.
Unlikely. The site’s urban setting and
preponderance of paved surfaces are generally
incompatible with burrowing owl ecology. No
evidence of burrowing owl occupation such as
cough pellets, whitewash, or feathers was
observed during the field survey. The nearest
documented occurrence is approx. 6.5 miles to
the northeast at the Fresno International Airport
(CDFW 2021).
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TABLE 1. LIST OF SPECIAL STATUS SPECIES POTENTIALLY OCCURRING WITHIN
HABITATS OF THE PROJECT SITE
ANIMALS (adapted from CDFW 2021)
State Species of Special Concern (cont.)
Species Status Habitat *Occurrence within the Project Site Western Mastiff Bat
(Eumops perotis ssp.
californicus)
CSC Frequents open, semi-arid to arid
habitats, including conifer, and
deciduous woodlands, coastal
scrub, grasslands, palm oasis,
chaparral and urban. Roosts in
cliff faces, high buildings, and
tunnels.
Possible. The project site provides possible
foraging habitat for this species. Roosting and
breeding habitat is absent from the site.
Pallid Bat
(Antrozous pallidus)
CSC Grasslands, chaparral, woodlands,
and forests of California; most
common in dry rocky open areas
providing roosting opportunities.
Possible. The site could be used for foraging;
roosting and breeding habitat is absent.
American Badger
(Taxidea taxus)
CSC This species inhabits open and dry
sections of grasslands, shrub, and
forest habitats with friable soil.
Absent. The site provides unsuitable habitat
conditions for this species based on its urban
setting and predominance of paved surfaces.
* Explanation of Occurrence, Designations, and Status Codes
Present: Species observed on the Site at time of field surveys or during recent past.
Likely: Species not observed on the Site, but it may reasonably be expected to occur there on a regular basis.
Possible: Species not observed on the Site, but it could occur there from time to time.
Unlikely: Species not observed on the Site, and would not be expected to occur there except, perhaps, as a transient
Absent: Species not observed on the Site and precluded from occurring there because habitat requirements not met.
STATUS CODES
FE Federally Endangered CE California Endangered
FT Federally Threatened CT California Threatened
FPT Federally Proposed Threatened CSC California Species of Special Concern FC Federal Candidate CNPS California Native Plant Society Listing FPD Federally (Proposed) Delisted CFP California Fully Protected CCE California Candidate Endangered
2.3 JURISDICTIONAL WATERS
As will be discussed in greater detail in Section 3.1.8, the U.S. Army Corps of Engineers (USACE) has regulatory authority over certain rivers, creeks, lakes, ponds, reservoirs, wetlands, and in some cases irrigation canals (“waters of the U.S.”). The CDFW asserts jurisdiction over waters in California that have a defined bed and bank, including engineered channels that replace, and/or connect to, natural drainages. The State Water Resources Control Board (SWRCB) and nine Regional Water Quality Control Boards (RWQCBs) assert jurisdiction over California’s oceans, lakes, and rivers, and some, but not all, of California’s wetland features. 14 Live Oak Associates, Inc.
Hydrologic features under the jurisdiction of the USCAE, CDFW, or RWQCB are absent from the site.
2.4 SENSITIVE NATURAL COMMUNITIES
Sensitive Natural Communities are those that are of limited distribution, distinguished by significant biological diversity, home to special status plant and animal species, of importance in maintaining water quality or sustaining flows, etc. Examples of sensitive natural communities include various types of wetlands, riparian habitat, and valley scrub habitats. CDFW has assigned State Ranks to California’s natural communities that reflect the condition and imperilment of that community throughout its range within the state. State Ranks are represented with a letter and number score. Older ranks, which need to be updated in the CNDDB, may still contain a decimal "threat" rank of .1, .2, or .3, where .1 indicates very threatened status, .2 indicates moderate threat, and .3 indicates few or no current known threats.
The project site supports no sensitive natural communities.
2.5 WILDLIFE MOVEMENT CORRIDORS
Wildlife movement corridors are routes that animals regularly and predictably follow during seasonal migration, dispersal from native ranges, daily travel within home ranges, and interpopulation movements. Movement corridors in California are typically associated with valleys, rivers and creeks supporting riparian vegetation, and ridgelines.
The project site does not contain features that would function as a wildlife movement corridor and the perimeter fencing would greatly inhibit wildlife movement on or off the site.
2.6 DESIGNATED CRITICAL HABITAT
The USFWS often designates areas of “critical habitat” when it lists species as threatened or endangered. Critical habitat is a specific geographic area(s) that contains features essential for the conservation of a threatened or endangered species and that may require special management and protection. Designated critical habitat is absent from the project site and immediately surrounding lands.
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3.0 IMPACTS AND MITIGATIONS
In California, any project carried out or approved by a public agency that will result in a direct or reasonably foreseeable indirect physical change in the environment must comply with CEQA.
The purpose of CEQA is to ensure that a project’s potential impacts on the environment are evaluated, and methods for avoiding or reducing these impacts are considered, before the project is allowed to move forward. A secondary aim of CEQA is to provide justification to the public for the approval of any projects involving significant impacts on the environment.
According to Section 15382 of the CEQA Guidelines, a significant effect on the environment means a “substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic interest.” Although the lead agency may set its own CEQA significance thresholds, project impacts to biological resources are generally considered to be significant if they would meet any of the following criteria established in Appendix G of the CEQA Guidelines:
Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by CDFW or USFWS.
Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by CDFW or USFWS.
Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means.
Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery site.
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Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.
Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.
Furthermore, CEQA Guidelines Section 15065(a) requires the lead agency to make “mandatory findings of significance” if there is substantial evidence that a project may:
Substantially 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, or substantially reduce the number or restrict the range of an endangered, rare or threatened species. Achieve short-term environmental goals to the detriment of long-term environmental goals.
Produce environmental effects that are individually limited but cumulatively considerable, meaning that the incremental effects of the project are significant when viewed in connection with the effects of past projects, other current projects, and probable future projects.
3.1 RELEVANT GOALS, POLICIES, AND LAWS
3.1.1 City of Fresno General Plan Policies
In compliance with CEQA, the lead agency must consider project conformance with applicable goals and policies of the relevant general plan policies. The City of Fresno General Plan includes goals and policies designed to protect significant biotic resources of the Planning Area.
Resource elements addressed by this plan include a number of policy goals pertaining to the preservation and enhancement of natural resources such as wetland and riparian areas, fish and wildlife habitat, vegetation, and open space. Public and private development projects within the city must be consistent with these general plan policies. 17 Live Oak Associates, Inc.
3.1.2 Habitat Conservation Plans and Natural Community Conservation Plans Section 10 of the federal Endangered Species Act establishes a process by which non-federal projects can obtain authorization to incidentally take listed species, provided take is minimized and thoroughly mitigated. A Habitat Conservation Plan (HCP) developed by the project applicant in collaboration with the USFWS and/or NMFS, ensures that such minimization and mitigation will occur, and is a prerequisite to the issuance of a federal incidental take permit.
Similarly, a Natural Community Conservation Plan (NCCP) developed by the project applicant in collaboration with CDFW, provides for the conservation of biodiversity within a project area, and permits limited incidental take of state-listed species.
3.1.3 Threatened and Endangered Species
In California, imperiled plants and animals may be afforded special legal protections under the California Endangered Species Act (CESA) and/or Federal Endangered Species Act (FESA).
Species may be listed as “threatened” or “endangered” under one or both Acts, and/or as “rare” under CESA. Under both Acts, “endangered” means a species is in danger of extinction throughout all or a significant portion of its range, and “threatened” means a species is likely to become endangered within the foreseeable future. Under CESA, “rare” means a species may become endangered if their present environment worsens. Both Acts prohibit “take” of listed species, defined under CESA as “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture or kill” (California Fish and Game Code, Section 86), and more broadly defined under FESA to include “harm” (16 USC, Section 1532(19), 50 CFR, Section 17.3).
When state and federally listed species have the potential to be impacted by a project, the USFWS and CDFW must be included in the CEQA process. These agencies review the environmental document to determine the adequacy of its treatment of endangered species issues and to make project-specific recommendations for the protection of listed species.
Projects that may result in the “take” of listed species must generally enter into consultation with the USFWS and/or CDFW pursuant to FESA and CESA, respectively. In some cases, incidental take authorization(s) from these agencies may be required before the project can be implemented.
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3.1.4 California Fully Protected Species
The classification of certain animal species as “fully protected” was the State of California’s initial effort in the 1960s, prior to the passage of the California Endangered Species Act, to identify and provide additional protection to those species that were rare or faced possible extinction. Following CESA enactment in 1970, many fully protected species were also listed as California threatened or endangered. The list of fully protected species are identified, and their protections stipulated, in California Fish and Game Code Sections 3511 (birds), 4700 (mammals), 5050 (reptiles and amphibians), and fish (5515). Fully protected species may not be taken or possessed at any time and no licenses or permits may be issued for their take, except in conjunction with necessary scientific research and protection of livestock.
3.1.5 Migratory Birds
The Federal Migratory Bird Treaty Act (FMBTA: 16 USC 703-712) prohibits killing, possessing, or trading in any bird species covered in one of four international conventions to which the United States is a party, except in accordance with regulations prescribed by the Secretary of the Interior. The name of the act is misleading, as it actually covers almost all birds native to the United States, even those that are non-migratory. The FMBTA encompasses whole birds, parts of birds, and bird nests and eggs.
Native birds are also protected under California state law. The California Fish and Game Code makes it unlawful to take or possess any non-game bird covered by the FMBTA (Section 3513), as well as any other native non-game bird (Section 3800), even if incidental to lawful activities.
Moreover, the California Migratory Bird Protection Act, enacted in September 2019, clarifies native bird protection and increases protections where California law previously deferred to federal law.
3.1.6 Birds of Prey
Birds of prey are protected in California under provisions of the Fish and Game Code (Section 3503.5), which states that it is unlawful to take, possess, or destroy any birds in the order Falconiformes (hawks and eagles) or Strigiformes (owls), as well as their nests and eggs. The bald eagle and golden eagle are afforded additional protection under the federal Bald and Golden Eagle Protection Act (16 USC 668), which makes it unlawful to kill birds or their eggs. 19 Live Oak Associates, Inc.
3.1.7 Nesting Birds
In California, protection is afforded to the nests and eggs of all birds. California Fish and Game Code (Section 3503) states that it is “unlawful to take, possess, or needlessly destroy the nest or eggs of any bird except as otherwise provided by this code or any regulation adopted pursuant thereto.” Breeding-season disturbance that causes nest abandonment and/or loss of reproductive effort is considered a form of “take” by the CDFW.
3.1.8 Wetlands and Other Jurisdictional Waters
The USACE regulates the filling or grading of waters of the U.S. under the authority of Section 404 of the Clean Water Act (CWA). Drainage channels and adjacent wetlands may be considered “waters of the United States” or “jurisdictional waters” subject to the jurisdiction of the USACE.
Waters of the U.S. are defined by the Navigable Waters Protection Rule. The new rule was published in the Federal Register on April 21, 2020, and took effect on June 22, 2020.
The Navigable Waters Protection Rule (33 CFR Part 328) identifies four categories of Waters of the U.S.: (1) territorial seas and traditional navigable waters, (2) tributaries, (3) lakes, ponds, and impoundments of jurisdictional waters, and (4) adjacent wetlands. These categories are defined as follows:
Territorial Seas and Traditional Navigable Waters (TNWs) The territorial seas and traditional navigable waters include large rivers and lakes and tidally-influenced waterbodies used in interstate or foreign commerce.
Tributaries
Tributaries include perennial and intermittent rivers and streams that contribute surface flow to traditional navigable waters in a typical year. These naturally occurring surface water channels must flow more often than just after a single precipitation event—that is, tributaries must be perennial or intermittent.
Tributaries can connect to a traditional navigable water or territorial sea in a typical year either directly or through other “waters of the United States,” through channelized non- 20 Live Oak Associates, Inc.
jurisdictional surface waters, through artificial features (including culverts and spillways), or through natural features (including debris piles and boulder fields). Ditches are to be considered tributaries only where they satisfy the flow conditions of the perennial and intermittent tributary definition and either were constructed in or relocate a tributary or were constructed in an adjacent wetland and contribute perennial or intermittent flow to a traditional navigable water in a typical year.
Lakes, Ponds, and Impoundments of Jurisdictional Waters Lakes, ponds, and impoundments of jurisdictional waters are jurisdictional where they contribute surface water flow to a traditional navigable water or territorial sea in a typical year either directly or through other “waters of the United States,” through channelized non-jurisdictional surface waters, through artificial features (including culverts and spillways), or through natural features (including debris piles and boulder fields).
Lakes, ponds, and impoundments of jurisdictional waters are also jurisdictional where they are flooded by a “water of the United States” in a typical year, such as certain oxbow lakes that lie along the Mississippi River.
Adjacent Wetlands
Wetlands that physically touch other jurisdictional waters are “adjacent wetlands,” Wetlands separated from a “water of the United States” by only a natural berm, bank or dune are also “adjacent.”
Wetlands inundated by flooding from a “water of the United States” in a typical year are “adjacent.”
Wetlands that are physically separated from a jurisdictional water by an artificial dike, barrier, or similar artificial structure are “adjacent” so long as that structure allows for a direct hydrologic surface connection between the wetlands and the jurisdictional water in a typical year, such as through a culvert, flood or tide gate, pump, or similar artificial feature.
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An adjacent wetland is jurisdictional in its entirety when a road or similar artificial structure divides the wetland, as long as the structure allows for a direct hydrologic surface connection through or over that structure in a typical year.
The final rule also outlines what are not “waters of the United States.” The following waters/features are not jurisdictional under the rule:
Waterbodies that are not included in the four categories of “waters of the United States” listed above.
Groundwater, including groundwater drained through subsurface drainage systems, such as drains in agricultural lands.
Ephemeral features, including ephemeral streams, swales, gullies, rills, and pools. Diffuse stormwater run-off and directional sheet flow over upland. Many farm and roadside ditches.
Prior converted cropland retains its longstanding exclusion, but is defined for the first time in the final rule. The agencies are clarifying that this exclusion will cease to apply when cropland is abandoned (i.e., not used for, or in support of, agricultural purposes in the immediately preceding five years) and has reverted to wetlands. Artificially irrigated areas, including fields flooded for agricultural production, that would revert to upland should application of irrigation water to that area cease. Artificial lakes and ponds, including water storage reservoirs and farm, irrigation, stock watering, and log cleaning ponds, constructed or excavated in upland or in nonjurisdictional waters. Water-filled depressions constructed or excavated in upland or in non-jurisdictional waters incidental to mining or construction activity, and pits excavated in upland or in non-jurisdictional waters for the purpose of obtaining fill, sand, or gravel. 22 Live Oak Associates, Inc.
Stormwater control features excavated or constructed in upland or in non-jurisdictional waters to convey, treat, infiltrate, or store stormwater run-off. Groundwater recharge, water reuse, and wastewater recycling structures, including detention, retention and infiltration basins and ponds, that are constructed in upland or in non-jurisdictional waters.
Waste treatment systems have been excluded from the definition of “waters of the United States” since 1979 and will continue to be excluded under the final rule. Waste treatment systems include all components, including lagoons and treatment ponds (such as settling or cooling ponds), designed to either convey or retain, concentrate, settle, reduce, or remove pollutants, either actively or passively, from wastewater or stormwater prior to discharge (or eliminating any such discharge).
All activities that involve the discharge of dredge or fill material into waters of the U.S. are subject to the permit requirements of the USACE. Such permits are typically issued on the condition that the applicant agrees to provide mitigation that result in no net loss of wetland functions or values. No permit can be issued until the RWQCB issues a Section 401 Water Quality Certification (or waiver of such certification) verifying that the proposed activity will meet state water quality standards.
Under the Porter-Cologne Water Quality Control Act of 1969, the State Water Resources Control Board has regulatory authority to protect the water quality of all surface water and groundwater in the State of California (“Waters of the State”). Nine RWQCBs oversee water quality at the local and regional level. The RWQCB for a given region regulates discharges of fill or pollutants into waters of the State through the issuance of various permits and orders.
Discharges into waters of the State that are also waters of the U.S. require a Section 401 Water Quality Certification from the RWQCB as a prerequisite to obtaining certain federal permits, such as a Section 404 Clean Water Act permit. Discharges into all Waters of the State, even those that are not also waters of the U.S., require Waste Discharge Requirements (WDRs), or waivers of WDRs, from the RWQCB. The RWQCB also administers the Construction Storm Water Program and the federal National Pollution Discharge Elimination System (NPDES) program. Projects that disturb one or more acres of soil must obtain a Construction General 23 Live Oak Associates, Inc.
Permit under the Construction Storm Water Program. A prerequisite for this permit is the development of a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer. Projects that discharge wastewater, storm water, or other pollutants into a water of the U.S. may require a NPDES permit.
CDFW has jurisdiction over the bed and bank of natural drainages and lakes according to provisions of Section 1601 and 1602 of the California Fish and Game Code. Activities that may substantially modify such waters through the diversion or obstruction of their natural flow, change or use of any material from their bed or bank, or the deposition of debris require a Notification of Lake or Streambed Alteration. If CDFW determines that the activity may adversely affect fish and wildlife resources, a Lake or Streambed Alteration Agreement will be prepared. Such an agreement typically stipulates that certain measures will be implemented to protect the habitat values of the lake or drainage in question. 24 Live Oak Associates, Inc.
4.0 IMPACT ANALYSIS
The following analysis is based upon project elements described in Section 1.1. It is assumed that ground disturbance will occur across the entire site.
4.1 POTENTIALLY SIGNIFICANT PROJECT IMPACTS/MITIGATION
4.1.1 Project-Related Mortality/Disturbance of Other Nesting Birds Potential Impacts. The project site has the potential to be used for nesting by a few urban adapted native avian species. Onsite trees and shrubs have the potential to support nesting birds such as the northern mockingbird and mourning dove. The site also has the potential to support the disturbance-tolerant, ground-nesting killdeer. Nearly all native birds are protected by the Federal Migratory Bird Treaty Act, California Migratory Bird Protection Act, and California Fish and Game Code. If construction occurs during the nesting season, birds nesting on the site could be injured or killed by construction activities. Project activities that adversely affect the nesting success or result in mortality of nesting birds would violate federal and state laws (see Sections 3.1.5, 3.1.6, and 3.1.7) and would be considered a significant impact under CEQA.
Mitigation. The applicant will implement the following measures to avoid and minimize the potential for project-related mortality/disturbance of nesting birds, as necessary.
Mitigation 4.1.1a (Avoidance). If feasible, the project will be constructed outside the avian nesting season, typically defined as February 1-August 31.
Mitigation 4.1.1b (Pre-construction Surveys). If the project must be constructed between February 1 and August 31, a qualified biologist will conduct pre-construction surveys for active migratory bird nests at the project site within 14 days of the onset of these activities.
Mitigation 4.1.1c (Establish Buffers). Should any active nests be discovered in or near proposed construction zones, the biologist will identify a suitable construction-free buffer around the nest. This buffer will be identified on the ground with flagging or fencing, and will be maintained until the biologist has determined that the young have fledged.
Compliance with the above mitigation measures would reduce impacts to nesting birds to a less than significant level under CEQA and ensure compliance with state and federal laws protecting these species.
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4.2 LESS THAN SIGNIFICANT PROJECT IMPACTS
4.2.1 Special Status Plants
Potential Impacts. Ten special status vascular plant species are known to occur in the region (see Table 1). Due to the absence of suitable habitat and/or the site being situated outside of the species’ known distribution, none of these species are expected to occur on site. Therefore, the project would not adversely affect any of these 10 plant species and impacts would be less than significant as defined by CEQA.
Mitigation. Mitigation is not warranted.
4.2.2 Special Status Animal Species Absent from or Unlikely to Occur on the Project Site Potential Impacts. Of the 20 special status animal species that potentially occur in the project vicinity, 18 are considered absent or unlikely to occur on site due to past and ongoing disturbance of the site and surrounding lands, the absence of suitable habitat, and/or the sitebeing situated outside of the species’ known distribution. These comprise the vernal pool fairy shrimp, Crotch bumble bee, valley elderberry longhorn beetle, California tiger salamander, giant garter snake, least Bell’s vireo, Swainson’s hawk, tricolored blackbird, western yellowbilled cuckoo, Fresno kangaroo rat, San Joaquin kit fox, western spadefoot, western pond turtle, coast horned lizard, northern California legless lizard, California glossy snake, burrowing owl, and American badger.
The project does not have the potential to impact these species through project-related mortality or loss of habitat because there is little or no likelihood that they are present or would be present during construction activity.
Mitigation. Mitigation is not warranted.
4.2.3 Special Status Animal Species that May Occur within the Project Site as Occasional or Regular Foragers but Breed or Roost Elsewhere
Potential Impacts. Two special status animals, the western mastiff bat and pallid bat, have the potential to forage over the project site from time to time but would not roost on the site (see Table 1). These species would not be vulnerable to construction-related injury or mortality 26 Live Oak Associates, Inc.
while foraging because they are highly mobile during foraging and would be expected to simply avoid active construction zones.
These species also would not be adversely affected from project-related loss of habitat.
Potential foraging habitat on the project site is not uniquely important for these species and similar or higher quality foraging habitat is abundant in the region.
Mitigation. Mitigation is not warranted.
4.2.4 Wildlife Movement Corridors
Potential Impacts. The project site does not contain features that would function as a wildlife movement corridor. Furthermore, the perimeter fence would inhibit the movements of native wildlife land movements. As a result, project impacts to wildlife movement and wildlife movement corridors are considered less than significant under CEQA.
Mitigation. No mitigation is warranted.
4.2.5 Waters of the United States and California.
Potential Impacts. Waters of the U.S. and California are absent from the project site. As a result, the project will have no effect on such waters.
Mitigation. Mitigations are not warranted.
4.2.6 Designated Critical Habitat and Sensitive Natural Communities Potential Impacts. Designated critical habitat, sensitive natural communities, and other sensitive habitats are absent from the project site and adjacent lands. The project will have no impact on such habitats.
Mitigation. No mitigation is warranted.
4.2.7 Local Policies or Habitat Conservation Plans
Potential Impacts. The project appears to be consistent with the goals and policies of the City of Fresno General Plan pertaining to biological resources and would not conflict with any other 27 Live Oak Associates, Inc.
local policies or ordinances protecting biological resources. The project is not subject to any Habitat Conservation Plans or Natural Community Conservation Plans.
Mitigation. No mitigation is warranted.
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5.0 LITERATURE REFERENCED
Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D. G. Wilken, editors. 2012. The Jepson Manual: Vascular Plants of California, second edition. University of California Press, Berkeley.
Calflora. 2021. Calflora: An online database of plant identification and distribution [web application]. Calflora, Berkeley, California. Available: http://www.calflora.org.
California Department of Fish and Game (CDFG). 2012. Staff report on Burrowing owl mitigation. Natural Resources Agency, Sacramento, CA.
________. 2002. California Fish and Game Code. Gould Publications. Binghamton, NY.
California Department of Fish and Wildlife (CDFW). 2021. California Natural Diversity Database. The Resources Agency, Sacramento, CA.
California Native Plant Society. 2021. Inventory of Rare and Endangered Vascular Plants of California. Available online at: http://cnps.site.aplus.net/cgi-bin/inv/inventory.cgi.
California Soil Resource Lab. 2008. Streaming, seamless interface to USDA-NCSS SSURGO and STATSGO Soil Survey Products.
eBird. 2021. eBird: An online database of bird distribution and abundance [web application]. eBird, Cornell Lab of Ornithology, Ithaca, New York. Available: http://www.ebird.org.
Remy, Michael H., Tina A. Thomas, James G. Moose and Whitman F. Manley. 1996. Guide to the California Environmental Quality Act. Solano Press Books, Point Arena, CA.
U. S. Fish and Wildlife Service (USFWS). 1998. Recovery Plan for Upland Species of the San Joaquin Valley, California. Region 1, Portland, Oregon.
Zeiner, David C., William F. Laudenslayer, Kenneth E. Mayer and Marshal White. Ed. 1988.
California’s wildlife, volume I, amphibians and reptiles, volume II, birds, and volume III, mammals. Department of Fish and Game. Sacramento, CA. (Online:
http://www.dfg.ca.gov/biogeodata/cwhr/cawildlife.aspx). 29 Live Oak Associates, Inc.
APPENDIX A: VASCULAR PLANT LIST
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APPENDIX A
VASCULAR PLANTS OF THE SITE
The plants species listed below were observed on the Nielsen Avenue Office/Warehouse Project site during a field survey conducted by Live Oak Associates, Inc. on March 18, 2021. The U.S.
Fish and Wildlife Service wetland indicator status of each plant has been shown following its common name.
OBL - Obligate
FACW - Facultative Wetland
FAC - Facultative
FACU - Facultative Upland
UPL - Upland
APOCYNACEAE – Dogbane Family
Nerium oleander Oleander UPL
ARECACEAE—Palm Family
Washingtonia robusta Mexican Fan Palm FACW
ASTERACEAE – Sunflower Family
Ambrosia acanthicarpa Annual Bursage UPL
Heterotheca grandiflora Telegraphweed UPL
Erigeron canadensis Canada Horseweed FACU
Lactuca serriola Prickly Lettuce FACU
BORAGINACEAE – Borage Family
Amsinckia intermedia Common Fiddleneck UPL
Amsinckia menziesii Small Flowered Fiddleneck UPL
BRASSICACEAE – Mustard Family
Hirschfeldia incana Mustard UPL
Sisymbrium orientale Indian Hedge Mustard UPL
CHENOPODIACEAE – Goosefoot Family
Salsola tragus Russian Thistle FACU
FABACEAE - Legume Family
Medicago lupulina Black Medic FAC
Medicago polymorpha Burclover FACU
GERANIACEAE - Geranium Family
Erodium cicutarium Red-stem Filaree UPL
MYRTACEAE – Bottlebrush Family
Eucalyptus camaldulensis Red Gum FAC
POACEAE - Grass Family
Avena sp. Wild Oats UPL
Bromus madritensis ssp. rubens Red Brome FACU
Festuca myuros Rattail Fescue FACU
31 Live Oak Associates, Inc.
APPENDIX B: TERRESTRIAL VERTEBRATE SPECIES THAT POTENTIALLY
OCCUR WITHIN THE PROJECT SITE
32 Live Oak Associates, Inc.
APPENDIX B: TERRESTRIAL VERTEBRATE SPECIES THAT POTENTIALLY
OCCUR WITHIN THE PROJECT SITE
The species listed below are those that may reasonably be expected to use the project site routinely or from time to time. The list was not intended to include birds that are vagrants or occasional transients. Terrestrial vertebrate species observed on the project site during a survey conducted by Live Oak Associates, Inc. on March 18, 2021 have been noted with an asterisk.
CLASS: REPTILIA
ORDER: SQUAMATA (Lizards and Snakes)
SUBORDER: SAURIA (Lizards)
FAMILY: PHRYNOSOMATIDAE
*Western Fence Lizard (Sceloporus occidentalis)
*Side Blotched Lizard (Uta stansburiana)
SUBORDER: SERPENTES (Snakes)
FAMILY: COLUBRIDAE (Colubrids)
Gopher Snake (Pituophis melanoleucus)
CLASS: AVES
ORDER: FALCONIFORMES (Vultures, Hawks, and Falcons)
FAMILY: ACCIPITRIDAE (Hawks, Old World Vultures, and Harriers) Red-tailed Hawk (Buteo jamaicensis)
FAMILY: FALCONIDAE (Caracaras and Falcons)
American Kestrel (Falco sparverius)
ORDER: CHARADRIIFORMES (Shorebirds, Gulls, and relatives) FAMILY: CHARADRIIDAE (Plovers and relatives)
*Killdeer (Charadrius vociferus)
ORDER: COLUMBIFORMES (Pigeons and Doves)
FAMILY: COLUMBIDAE (Pigeons and Doves)
Rock Pigeon (Columba livia)
Mourning Dove (Zenaida macroura)
Eurasian Collared-dove (Streptopelia decaocto)
ORDER: APODIFORMES (Swifts and Hummingbirds)
FAMILY: TROCHILIDAE (Hummingbirds)
Anna’s Hummingbird (Calypte anna)
ORDER: PASSERIFORMES (Perching Birds)
FAMILY: TYRANNIDAE (Tyrant Flycatchers)
Black Phoebe (Sayornis nigricans)
Western Kingbird (Tyrannus verticalis)
FAMILY: CORVIDAE (Jays, Magpies, and Crows)
American Crow (Corvus brachyrhynchos)
Common Raven (Corvus corax)
FAMILY: ALAUDIDAE (Larks)
Horned Lark (Eremophila alpestris)
FAMILY: HIRUNDINIDAE (Swallows)
Cliff Swallow (Petrochelidon pyrrhonota)
Barn Swallow (Hirundo rustica)
33 Live Oak Associates, Inc.
FAMILY: TURDIDAE (Thrushes)
American Robin (Turdus migratorius)
FAMILY: MIMIDAE (Mockingbirds and Thrashers)
*Northern Mockingbird (Mimus polyglottos)
FAMILY: STURNIDAE (Starlings and Allies)
*European Starling (Sturnus vulgaris)
FAMILY: PARULIDAE (Wood Warblers and Relatives)
Yellow-rumped Warbler (Dendroica coronata)
FAMILY: EMBERIZIDAE (Emberizines)
Savannah Sparrow (Passerculus sandwichensis)
*White-crowned Sparrow (Zonotrichia leucophrys)
FAMILY: ICTERIDAE (Blackbirds, Orioles and Allies)
Brewer's Blackbird (Euphagus cyanocephalus)
FAMILY: FRINGILLIDAE (Finches)
*House Finch (Carpodacus mexicanus)
Lesser Goldfinch (Carduelis psaltria)
FAMILY: PASSERIDAE (Old World Sparrows)
House Sparrow (Passer domesticus)
CLASS: MAMMALIA
ORDER: CHIROPTERA (Bats)
FAMILY: VESPERTILIONIDAE (Vespertilionid Bats)
Little Brown Myotis (Myotis lucifugus)
Yuma Myotis (Myotis yumanensis)
California Myotis (Myotis californicus)
Small-footed Myotis (Myolis leibii)
Western Pipistrelle (Pipislrellus ffesperus)
Big Brown Bat (Eptesicus fuscus)
Pallid Bat (Antrozous pallidus)
FAMILY: MOLOSSIDAE (Free-tailed Bat)
Brazilian Free-tailed Bat (Tadarida brasiliensis)
Western Mastiff Bat (Eumops perolis)
ORDER: RODENTIA (Rodents)
FAMILY: GEOMYIDAE (Pocket Gophers)
Botta’s Pocket Gopher (Thomomys bottae)
FAMILY: MURIDAE (Mice, Rats and Voles)
Western Harvest Mouse (Reithrodontomys megalotis)
Norway Rat (Rattus norvegicus)
Deer Mouse (Peromyscus maniculatus)
House Mouse (Mus musculus)
ORDER: CARNIVORA (Carnivores)
FAMILY: PROCYONIDAE (Raccoons and Relatives)
Raccoon (Procyon lotor)
FAMILY: FELIDAE (Cats)
Feral Cat (Felis cattus)
34 Live Oak Associates, Inc.
APPENDIX C: PHOTOS
35 Live Oak Associates, Inc.
Photo 1: Overview of southwest end of project site.
Photo 2: Northeast end of project site. Adjacent industrial site in upper left. 36 Live Oak Associates, Inc.
Photo 3: Onsite oleander shrubs at east end of site.
Photo 4: Open ground on site in foreground; onsite eucalyptus trees in background. 37 Live Oak Associates, Inc.
Photo 5: Open ground on site in foreground; onsite palm trees in background.
Photo 6: Example of the few California ground squirrel burrows (in lower right) that were found in areas of open ground on the site.
38 Live Oak Associates, Inc.
Photo 7: Onsite drainage ditch along southern side of site leading to drain inlet in foreground.
PUBLIC REVIEW DRAFT ENVIRONMENTAL I MPACT REPORT
F EBRUARY 2023
2740 WEST NIELSEN AVENUE OFFICE /WAREHOUSE P ROJECT
F RESNO, C ALIFORNIA
P:\SNN2102 2740 W. Nielsen\PRODUCTS\DEIR\Public Review\Appendices Cover Sheets.docx (02/16/23)
APPENDIX F
PHASE I CULTURAL RESOURCES SURVEY
LSA
2740 WEST NIELSEN AVENUE OFFICE /WAREHOUSE P ROJECT
F RESNO, C ALIFORNIA
PUBLIC REVIEW DRAFT ENVIRONMENTAL I MPACT REPORT
F EBRUARY 2023
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LSA
P:\SNN2102 2740 W. Nielsen\Letter report\W Nielsen cultural report.docx (08/03/21) 1
CARLSBAD
FRESNO
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
285 South Street, Suite P, San Luis Obispo, CA 93401 805.782.0745 www.lsa.net August 3, 2021
Jake Kurth
Scannell Properties
8801 River Crossing Boulevard, Suite 300
Indianapolis, IN 46420
Subject: Phase I Cultural Resources Survey for the 2740 West Nielsen Avenue Office/Warehouse Project in Fresno, Fresno County, California (LSA Project No. SNN2102) Dear Mr. Kurth:
LSA conducted a Phase I Cultural Resources Survey (study) for the proposed 2740 West Nielsen Avenue Office/Warehouse Project (project) in Fresno, Fresno County, California. The proposed project includes the development of four office/warehouse buildings on a currently vacant parcel.
All cultural resources study work was completed per the requirements of the California Environmental Quality Act of 1970 (CEQA).
This study has the following purposes: (1) identify archaeological deposits that may meet the CEQA definition of a historical resource (California Public Resources Code [PRC] §21084.1) or a unique archaeological resource (PRC §21083.2) and that may be impacted by the proposed project; (2) assess the potential for human remains; and (3) recommend procedures for avoiding or mitigating impacts to such deposits, if warranted. The study consisted of background research and a field survey and was conducted by LSA Associate/Senior Archaeologist Kerrie Collison, M.A., Registered Professional Archaeologist (RPA) No. 28731436.
PROJECT LOCATION AND CHARACTERISTICS
The project site, which is also the Phase I study site, is depicted on the United States Geological Survey (USGS) Fresno South, California 7.5-minute topographic quadrangle map in Section 06 of Township 14 South, Range 20 East, Mount Diablo Baseline and Meridian (USGS 1981; Figure 1; all references are in Attachment A, and all figures are in Attachment B). The project site is located on the north side of West Nielsen Avenue between North Marks Avenue and North Hughes Avenue (Figure 2).
The project site is relatively flat and is at an elevation of 290 feet (ft). The nearest current water source is a man-made ditch, and the nearest natural freshwater source (the San Joaquin River) is
7.5 miles (mi) north of the project site. Subsurface sediments of the project site consist of Quaternary marine and nonmarine alluvium, lake, playa, and terrace deposits that date to the Pleistocene and Holocene (ranging from 2.58 million years ago to the present). 1 1
California Geological Survey. 2015. Geologic Map of California. Website: https://maps.conservation. ca.gov/cgs/gmc/ (accessed July 30, 2021).
LSA
8/3/21 (P:\SNN2102 2740 W. Nielsen\Letter report\W Nielsen cultural report.docx) 2
BACKGROUND RESEARCH
Southern San Joaquin Valley Information Center
A record search of the project site and a 0.5 mi search radius was conducted on May 10, 2021, by staff members at the Southern San Joaquin Valley Information Center (SSJVIC) of the California Historical Resources Information System (CHRIS) at California State University, Bakersfield (SSJVIC Records Search File No. 21-161). The SSJVIC, an affiliate of the California Office of Historic Preservation (OHP), is the official repository of cultural resources records and reports for Fresno County. Background research also included a review of the following State and federal inventories:
• Built Environment Resources Directory (BERD)1
• California Historical Landmarks (OHP 1996)
• California Points of Historical Interest (OHP 1992)
• Five Views: An Ethnic Historic Site Survey for California (OHP 1988) • California Inventory of Historic Resources (OHP 1976) The record search results (Attachment C) indicate that no previous cultural resources studies have included the project site and that four previous studies have included a portion of the area within a
0.5 mi radius of the project site. All four previous studies were field surveys. No cultural resources have been previously recorded in the project site, and one cultural resource (P-10-003930, the historic-period Southern Pacific Railroad) has been recorded within 0.5 mi of the project site. No resources listed in the BERD are within the project site.
Native American Heritage Commission
LSA submitted a request to the Native American Heritage Commission (NAHC) to request a review of the Sacred Lands File (SLF) for the presence of Native American cultural resources that might be impacted by the proposed project. The NAHC maintains the SLF database and is the official State repository of Native American sacred-site location records in California.
Nancy Gonzalez-Lopez, NAHC Cultural Resources Analyst, responded to the SLF search request on May 18, 2021, stating that the results were negative and that no Native American cultural resources were known in the area (Attachment D). The NAHC also provided a suggested list of Native American individuals to contact for information regarding the project site.
Aerial Photographs and Historic Maps
Additional background research included a review of aerial photographs and historic-period maps that include the project site.2
The purpose of this review was to assess the potential for historicperiod archaeological deposits in the project site. The oldest available aerial photograph that
1 California Office of Historic Preservation. Built Environment Resources Directory (BERD). n.d. Website:
https://ohp.parks.ca.gov/?page_id=30338 (accessed July 31, 2021). 2 National Environmental Title Research. n.d. Historic Aerials. Website: http://www.historicaerials.com (accessed July 31, 2021).
LSA
8/3/21 (P:\SNN2102 2740 W. Nielsen\Letter report\W Nielsen cultural report.docx) 3 includes the project site dates to 1962, at which time the project site was already disturbed with buildings on the western portion and cleared land on the eastern portion. By 1972, the square buildings on the eastern portion of the project site were constructed. The rectangular buildings on the eastern portion of the project site were constructed by 1998. All buildings were demolished by 2014.
The earliest available topographic quadrangle reviewed by LSA dates to 1923 and depicts the roads along the borders of the project site but depicts no buildings on the project site itself. Buildings in the southwestern corner of the project site are depicted on a 1947 map, and the remainder of the buildings on the western portion of the project site are depicted on a 1964 map along with two reservoirs just west of the center of the southern edge of the project site. The map dating to 1974 depicts the square buildings on the eastern portion of the project site (which were visible on the 1972 aerial photograph).
FIELD SURVEY
On June 11, 2021, LSA Archaeologist Kerrie Collison, RPA, conducted a pedestrian survey of the project site by spot-checking areas of exposed sediment (Attachment E). Areas not surveyed were covered with concrete or asphalt. In surveyed areas, Ms. Collison walked transects spaced less than 5 meters (16.4 ft) apart. A trowel was used to periodically expose native soil to obtain a better view of the ground surface. Rodent burrowing holes and backdirt piles were examined for indications of archaeological deposits and/or human remains.
Field Survey Results
The field survey did not identify any cultural resources in the project site. Observed sediments consisted of a light-brown loam and were recently disturbed by mechanical equipment. Much of the project site was covered by concrete (building foundations) or asphalt (driving areas).
SUMMARY AND RECOMMENDATIONS
This study, consisting of background research and a field survey, did not identify surficial archaeological deposits or human remains in the project site. The remaining building foundations within the project site are not 50 years old and as such do not meet the age threshold for evaluation per CEQA. Based on the examined aerial photographs and maps, the buildings that previously stood within the project site served a business purpose and were not occupied for residential purposes.
While subsurface sediments of the project site date to a time period that includes human occupation of the region, the project site is 7.5 mi south of what would have been a reliable freshwater source during precontact occupation of the area.
For the above reasons, it is unlikely that ground-disturbing work associated with project implementation will impact subsurface cultural resources, and no additional cultural resources studies are recommended for this proposed project. However, there is always the potential that construction activities could uncover unanticipated subsurface cultural resources. A qualified professional archaeologist should be contacted in the event that construction personnel encounter any archaeological deposits and/or human remains during construction activities. If any such resources are discovered, contractors should stop work in the immediate area of the find and LSA
8/3/21 (P:\SNN2102 2740 W. Nielsen\Letter report\W Nielsen cultural report.docx) 4 contact the archaeologist to assess the nature of the find. Upon completion of any monitoring activities, the archaeologist should prepare a report to document the methods and results of monitoring activities. This report should be submitted to the SSJVIC.
If human remains are encountered during project work, the regulatory process outlined in Health and Safety Code Section 7050.5 must be followed, which involves coordination with the NAHC and a Native American Most Likely Descendant.
Please contact me at [email protected] if you have any questions regarding this study. Thank you for using the services of LSA.
Sincerely,
LSA Associates, Inc.
Kerrie Collison, RPA
Associate/Senior Archaeologist
Attachments: A—References
B—Figures 1 and 2
C—Record Search Results
D—Sacred Lands File Search Results
E—Survey Photographs
LSA
P HASE I C ULTURAL RESOURCES S URVEY
A UGUST 2021
2740 WEST NIELSEN AVENUE OFFICE /WAREHOUSE P ROJECT
F RESNO, F RESNO COUNTY , C ALIFORNIA
P:\SNN2102 2740 W. Nielsen\Letter report\W Nielsen cultural report.docx (08/03/21) A-1
ATTACHMENT A
REFERENCES
PUBLISHED RESOURCES
California Office of Historic Preservation (OHP)
1976 California Inventory of Historic Resources. California Department of Parks and Recreation, Sacramento.
1988 Five Views: An Ethnic Historic Site Survey for California. California Department of Parks and Recreation, Sacramento.
1992 California Points of Historical Interest. California Department of Parks and Recreation, Sacramento.
1996 California Historical Landmarks. California Department of Parks and Recreation, Sacramento.
United States Geological Survey (USGS)
1981 Fresno South, California 7.5-minute topographic quadrangle. Published 1963, photorevised 1981. USGS, Denver, Colorado.
ONLINE RESOURCES
California Geological Survey
2015 Geologic Map of California. Website: https://maps.conservation.ca.gov/cgs/gmc/ (accessed July 30, 2021).
California Office of Historic Preservation
n.d. Built Environment Resources Directory (BERD). Website: https://ohp.parks.ca.gov/?page_ id=30338 (accessed July 31, 2021).
National Environmental Title Research (NETR)
n.d. Historic Aerials. Website: http://www.historicaerials.com (accessed July 31, 2021).
LSA
P HASE I C ULTURAL RESOURCES S URVEY
A UGUST 2021
2740 WEST NIELSEN AVENUE OFFICE /WAREHOUSE P ROJECT
F RESNO, F RESNO COUNTY , C ALIFORNIA
P:\SNN2102 2740 W. Nielsen\Letter report\W Nielsen cultural report.docx (08/03/21)
ATTACHMENT B
FIGURES 1 AND 2
LSA
SOURCE: USGS 7.5' Quad.- Fresno South, CA (1981)
I:\SNN2102\GIS\MXD\Figure 1_ProjectVicnity.mxd (4/22/2021) FIGURE 1
2740 West Nielsen Avenue Office/Warehouse Project
Project Location and Vicinity
LEGEND
Project Site
0 1000 2000
FEET
Madera Project Vicinity
County
Fresno
County
Ã168
Ã180
Ã41
Ã99
Project
Location
Project Vicinity
: ...... . . . •
LSA
D
$
SOURCE: Bing Maps, 2021
I:\SNN2102\GIS\MXD\Figure 2_ProjectSite.mxd (4/22/2021) FIGURE 2
2740 West Nielsen Avenue Office/Warehouse Project
Project Site
LEGEND
Project Site
0 375 750
FEET
D
P HASE I C ULTURAL RESOURCES S URVEY
A UGUST 2021
2740 WEST NIELSEN AVENUE OFFICE /WAREHOUSE P ROJECT
F RESNO, F RESNO COUNTY , C ALIFORNIA
P:\SNN2102 2740 W. Nielsen\Letter report\W Nielsen cultural report.docx (08/03/21)
ATTACHMENT C
RECORD SEARCH RESULTS
LSA
5/10/2021
Kerrie Collison
LSA Associates, Inc.
285 South Street, Suite P
San Luis Obispo, CA 93401
Re: 2740 W. Nielsen Ave. (SNN2102)
Records Search File No.: 21-161
The Southern San Joaquin Valley Information Center received your record search request for the project area referenced above, located on the Fresno South USGS 7.5’ quad. The following reflects the results of the records search for the project area and the 0.5 mile radius:
As indicated on the data request form, the locations of resources and reports are provided in the following format: 厖 custom GIS maps 厔 GIS data
Resources within project area: None
Archaeological resources within 0.5 mile radius: P-10-003930 Reports within project area: None
Reports within 0.5 mile radius: FR-00249, 00250, 02232, 02722 Note: Report locations were not included per the Data Request Form.
Resource Database Printout (list): 厖 enclosed 厔 not requested 厔 nothing listed Resource Database Printout (details): 厖 enclosed 厔 not requested 厔 nothing listed Resource Digital Database Records: 厔 enclosed 厖 not requested 厔 nothing listed Report Database Printout (list): 厖 enclosed 厔 not requested 厔 nothing listed Report Database Printout (details): 厖 enclosed 厔 not requested 厔 nothing listed Report Digital Database Records: 厔 enclosed 厖 not requested 厔 nothing listed Resource Record Copies: 厖 enclosed 厔 not requested 厔 nothing listed 厔 not available Report Copies: 厔 enclosed 厖 not requested 厔 nothing listed 厔 not available OHP Built Environment Resources Directory: 厔 enclosed 厖 not requested 厔 nothing listed Archaeological Determinations of Eligibility: 厖 enclosed 厔 not requested 厔 nothing listed CA Inventory of Historic Resources (1976): 厔 enclosed 厔 not requested 厖 nothing listed Note: P-15-007046 is not listed in the BERD. The 2013 HPD page was included for this resource.
C a lifornia
Historica l
R esources
Information
_§_ yste m
Fresno
Ker n
Kings
Mader a
Tul a re
Southern San Joaquin Valley Information Center
California State University, Bakersfield
Mail Stop: 72 DOB
9001 Stockdale Highway
Bakersfield, California 93311-1022
(661 ) 654-2289
E-mail: [email protected]
Website: www.csub.edu/ssjvic
Not available at SSJVIC; please see Caltrans Bridge Survey:
https://dot.ca.gov/programs/environmental-analysis/cultural-studies/california-historical-bridges-tunnels Not available at SSJVIC Ethnographic Information:
Not available at SSJVIC Historical Literature:
Not available at SSJVIC; please see Historical Maps:
http://historicalmaps.arcgis.com/usgs/
Not available at SSJVIC Local Inventories:
Not available at SSJVIC; please see GLO and/or Rancho Plat Maps:
http://www.glorecords.blm.gov/search/default.aspx#searchTabIndex=0&searchByTypeIndex=1 and/or http://www.oac.cdlib.org/view?docId=hb8489p15p;developer=local;style=oac4;doc.view=items Not available at SSJVIC; please see Shipwreck Inventory:
https://www.slc.ca.gov/shipwrecks/
Not available at SSJVIC; please see Soil Survey Maps:
http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx
Please forward a copy of any resulting reports from this project to the office as soon as possible. Due to the sensitive nature of archaeological site location data, we ask that you do not include resource location maps and resource location descriptions in your report if the report is for public distribution. If you have any questions regarding the results presented herein, please contact the office at the phone number listed above.
The provision of CHRIS Data via this records search response does not in any way constitute public disclosure of records otherwise exempt from disclosure under the California Public Records Act or any other law, including, but not limited to, records related to archeological site information maintained by or on behalf of, or in the possession of, the State of California, Department of Parks and Recreation, State Historic Preservation Officer, Office of Historic Preservation, or the State Historical Resources Commission.
Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area. Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts.
Should you require any additional information for the above referenced project, reference the record search number listed above when making inquiries. Invoices for Information Center services will be sent under separate cover from the California State University, Bakersfield Accounting Office.
Thank you for using the California Historical Resources Information System (CHRIS).
Sincerely,
Celeste M. Thomson
Coordinator
Digitally signed by Celeste M.
homson T
Date: 2021.05.10 11:45:38 -07'00'
P HASE I C ULTURAL RESOURCES S URVEY
A UGUST 2021
2740 WEST NIELSEN AVENUE OFFICE /WAREHOUSE P ROJECT
F RESNO, F RESNO COUNTY , C ALIFORNIA
P:\SNN2102 2740 W. Nielsen\Letter report\W Nielsen cultural report.docx (08/03/21)
ATTACHMENT D
SACRED LANDS FILE SEARCH RESULTS
LSA
STATE OF CALIFORNIA Gavin Newsom, Governor
NATIVE AMERICAN HERITAGE COMMISSION
May 18, 2021
Kerrie Collison
LSA
Via Email to: [email protected]
Re: 2740 West Nielsen Avenue Office/Warehouse Project, Fresno County Dear Ms. Collison:
A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.
Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.
If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.
If you have any questions or need additional information, please contact me at my email address: [email protected].
Sincerely,
Nancy Gonzalez-Lopez
Cultural Resources Analyst
Attachment
CHAIRPERSON
Laura Miranda
Luiseño
VICE CHAIRPERSON
Reginald Pagaling
Chumash
SECRETARY
Merri Lopez-Keifer
Luiseño
PARLIAMENTARIAN
Russell Attebery
Karuk
COMMISSIONER
[Vacant]
COMMISSIONER
William Mungary
Paiute/White Mountain
Apache
COMMISSIONER
[Vacant]
COMMISSIONER
Julie TumamaitStenslie
Chumash
COMMISSIONER
[Vacant]
EXECUTIVE SECRETARY
Christina Snider
Pomo
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
Native American Heritage Commission
Native American Contacts List
May 18, 2021
Elizabeth D. Kipp, Chairperson
PO. Box 337
Auberry 93602
(559) 374-0066
Western Mono
,CA
[email protected]
(559) 374-0055
Big Sandy Rancheria of Western Mono Indians
Lloyd Mathiesen, Chairperson
P.O. Box 1159
Jamestown 95327
(209) 984-9066
Miwok - Me-wuk
,CA
[email protected]
(209) 984-9269
Chicken Ranch Rancheria of Me-Wuk Indians
Carol Bill, Chairperson
P.O. Box 209
Tollhouse 93667
(559) 855-5043
Mono
,CA
[email protected]
(559) 855-4445 Fax
Cold Springs Rancheria
Robert Ledger Sr., Chairperson
2191 West Pico Ave.
Fresno 93705
(559) 540-6346
Dumna/Foothill Yokuts
,CA Mono
[email protected]
Dumna Wo-Wah Tribal Goverment
Benjamin Charley Jr., Tribal Chair
P.O. Box 14
Dunlap 93621
(760) 258-5244
Mono
,CA
[email protected]
Dunlap Band of Mono Indians
Dirk Charley, Tribal Secretary
5509 E. McKenzie Avenue
Fresno 93727
(559) 554-5433
Mono
,CA
[email protected]
Dunlap Band of Mono Indians
Stan Alec
3515 East Fedora Avenue
Fresno 93726
(559) 647-3227 Cell
Foothill Yokuts
CA Choinumni ,
Kings River Choinumni Farm Tribe
Cosme A. Valdez, Chairperson
P.O. Box 580986
Elk Grove 95758-001
7 (916) 429-8047 Voice/Fax
Miwok
,CA
[email protected]
(916) 396-1173 Cell
Nashville Enterprise Miwok-Maidu-Nishinam Tribe
Ron Goode, Chairperson
13396 Tollhouse Road
Clovis 93619
(559) 299-3729 Home
Mono
,CA
[email protected]
(559) 355-1774 - cell
North Fork Mono Tribe
Katherine Erolinda Perez, Chairperson
P.O. Box 717
Linden 95236
(209) 887-3415
Ohlone/Costanoan
Northern Valley Yokuts
Bay Miwok
,CA
[email protected]
(209) 649-8972 (cell)
North Valley Yokuts Tribe
This list is current as of the date of this document and is based on the information available to the Commission on the date it was produced.
Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code,Section 5097.94 of the Public Resources Code, or Section 5097.98 of the Public Resources Code.
This list is only applicable for contacting local Native Americans Tribes for the proposed:
2740 West Nielsen Avenue Office/Warehouse Project, Fresno County. .
Native American Heritage Commission
Native American Contacts List
May 18, 2021
Timothy Perez, MLD Contact
P.O. Box 717
Linden 95236
(209) 662-2788
Ohlone/Costanoan
Northern Valley Yokuts
Bay Miwok
,CA
[email protected]
North Valley Yokuts Tribe
Claudia Gonzales, Chairwoman
P.O. Box 2226
Oakhurst 93644
(559) 412-5590
Chukchansi / Yokut
,CA
[email protected]
Picayune Rancheria of Chukchansi Indians
Leo Sisco, Chairperson
P.O. Box 8
Lemoore 93245
(559) 924-1278
Tache
Tachi
Yokut
,CA
(559) 924-3583 Fax
Santa Rosa Rancheria Tachi Yokut Tribe
Brenda D. Lavell, Chairperson
P.O. Box 410
Friant 93626
(559) 822-2587
Yokuts
,CA
[email protected]
(559) 822-2693 Fax
Table Mountain Rancheria
Bob Pennell, Cultural Resources Director
P.O. Box 410
Friant 93626
(559) 325-0351
(559) 217-9718 - cell
Yokuts
,CA
[email protected]
(559) 325-0394 Fax
Table Mountain Rancheria
David Alvarez, Chairperson
2415 E. Houston Avenue
Fresno 93720
(559) 217-0396 Cell
Choinumni
,CA
[email protected]
Traditional Choinumni Tribe
Rick Osborne, Cultural Resources
2415 E. Houston Avenue
Fresno 93720
Choinumni
,CA
(559) 324-8764
[email protected]
Traditional Choinumni Tribe
Neil Peyron, Chairperson
P.O. Box 589
Porterville 93258
(559) 781-4271
Yokuts
,CA
[email protected]
(559) 781-4610 Fax
Tule River Indian Tribe
Kenneth Woodrow, Chairperson
1179 Rock Haven Ct.
Salinas 93906
(831) 443-9702
Foothill Yokuts
Mono
Wuksache
,CA
[email protected]
Wuksache Indian Tribe/Eshom Valley Band
Karen White, Chairperson
P.O. Box 7045
Spreckels 93962
831-238-1488
Salinan
,CA
[email protected]
Xolon-Salinan Tribe
This list is current as of the date of this document and is based on the information available to the Commission on the date it was produced.
Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code,Section 5097.94 of the Public Resources Code, or Section 5097.98 of the Public Resources Code.
This list is only applicable for contacting local Native Americans Tribes for the proposed:
2740 West Nielsen Avenue Office/Warehouse Project, Fresno County. .
P HASE I C ULTURAL RESOURCES S URVEY
A UGUST 2021
2740 WEST NIELSEN AVENUE OFFICE /WAREHOUSE P ROJECT
F RESNO, F RESNO COUNTY , C ALIFORNIA
P:\SNN2102 2740 W. Nielsen\Letter report\W Nielsen cultural report.docx (08/03/21)
ATTACHMENT E
SURVEY PHOTOGRAPHS
LSA
Survey Photographs: 2740 West Nielsen Avenue Office/Warehouse Project Fresno, Fresno County, California
Example of concrete and asphalt that covers most of project site.
View to north. June 11, 2021.
Combination of asphalt and sandy loam sediment in middle of project site.
View to west. June 11, 2021.
PUBLIC REVIEW DRAFT ENVIRONMENTAL I MPACT REPORT
F EBRUARY 2023
2740 WEST NIELSEN AVENUE OFFICE /WAREHOUSE P ROJECT
F RESNO, C ALIFORNIA
P:\SNN2102 2740 W. Nielsen\PRODUCTS\DEIR\Public Review\Appendices Cover Sheets.docx (02/16/23)
APPENDIX G
ENERGY CALCULATIONS
LSA
2740 WEST NIELSEN AVENUE OFFICE /WAREHOUSE P ROJECT
F RESNO, C ALIFORNIA
PUBLIC REVIEW DRAFT ENVIRONMENTAL I MPACT REPORT
F EBRUARY 2023
P:\SNN2102 2740 W. Nielsen\PRODUCTS\DEIR\Public Review\Appendices Cover Sheets.docx (02/16/23) This page intentionally left blank
LSA
Phase Off-Road Equipment Type Amount Usage Hour/Day
Total Usage
Days
Total Usage
Hours/Equipment Horsepower Load Factor Total Usage Hours/ Equipment Horsepower-Hour Fuel Usage
(gallons)
Rubber Tired Dozers 3 8 40 960 247 0.4 960 94848 4856.2176 Tractors/Loaders/Backhoes 4 8 40 1280 97 0.37 1280 45939.2 2352.08704 Excavators 2 8 40 640 158 0.38 640 38425.6 1967.39072
Graders 1 8 40 320 187 0.41 320 24534.4 1256.16128
Rubber Tired Dozers 1 8 40 320 247 0.4 320 31616 1618.7392 Scrapers 2 8 40 640 367 0.48 640 112742.4 5772.41088
Tractors/Loaders/Backhoes 2 8 40 640 97 0.37 640 22969.6 1176.04352 Cranes 1 7 385 2695 231 0.29 2695 180538.05 9243.54816
Forklifts 3 8 385 9240 89 0.2 9240 164472 8420.9664
Generator Sets 1 8 385 3080 84 0.74 3080 191452.8 9802.38336 Tractors/Loaders/Backhoes 3 7 385 8085 97 0.37 8085 290170.65 14856.73728 Welders 1 8 385 3080 46 0.45 3080 63756 3264.3072
Pavers 2 8 30 480 130 0.42 480 26208 1341.8496
Paving Equipment 2 8 30 480 132 0.36 480 22809.6 1167.85152 Rollers 2 8 30 480 80 0.38 480 14592 747.1104
Architectural Coating Air Compressors 1 6 30 180 78 0.48 180 6739.2 345.04704 Total 68188.8512 Diesel
Construction Off-Road Equipment
Site Preparation
Building Construction
Paving
Grading
Fuel Consumption (1,000
gallons/day)
VMT (miles/
day)
Fuel Efficency
(miles/gallon)
MHDT 42.8 368647.4 8.6
HHDT 338.9 2012068 5.9
HHDT/MHDT - - 7.3
LDA 415.9 12057532.0 29.0
LDT1 42.2 1013826 24.0
LDT2 236.0 5488159 23.3
Worker Mix - - 26.3
Notes:
1 For construction trucks assumes 50 percent HHDT and 50 percent MHDT vehicles, consistent with assumptions in CalEEMod for hauling trucks. For construction worker vehicles assumes 50 percent LDA, 25 percent LDT1, and 25 percent LDT2 vehicles, consistent with assumptions in CalEEMod for worker vehicles. 2 EMFAC2021 was run for Fresno County for the construction year 2023. Data was aggregated over all vehicle model years and speed bins. 3 The fuel efficiency was calculated by dividing the VMT (miles/day) by the fuel consumption (gallons/day).
Trip Type Total Trips
Trip Length
(miles) Total VMT Diesel Fuel Effiency (miles/gallon)
Fuel Usage
(gallons/year)
Vendor 143990 7.3 1051127 7.3 143990.0
Total 143990.0 Diesel
1 Assumes 100 percent HHDT vehicles for haul trucks and 50 percent HHDT/50 percent MHDT vehicles for MHDT, consistent with assumptions in CalEEMod. 2 EMFAC2021 was run for Fresno County for the construction year 2023. Data was aggregated over all vehicle model years and speed bins. 3 The fuel efficiency was calculated by dividing the VMT (miles/day) by the fuel consumption (gallons/day).
Phase
Total OneWay
Trips/Day Total Days Total Trips
Trip Length
(miles) Total VMT Gasoline Fuel Effiency (miles/gallon) Fuel Usage
(gallons/year)
Site Preparation 18 40 1440 10.8 15552 26.3 591.3
Grading 20 40 1600 10.8 17280 26.3 657.0
Building Construction 478 385 368060 10.8 3975048 26.3 151142.5 Paving 15 30 900 10.8 9720 26.3 369.6
Architectural Coating 96 30 5760 10.8 62208 26.3 2365.3 Total 155125.8 Gas
155125.8
Total Construction Diesel Usage 212178.9
Total Construction Gasoline Usage
Construction Truck and Construction Worker Vehicle Fuel Efficiency Construction Vehicle Fuel Use - Diesel Vehicles
Construction Worker Vehicle Fuel Use - Gasoline Vehicles EMFAC 2021 Outputs
Vehicle Type Vehicle Class
Construction Truck
Construction Worker
Vehicle
Phase
Building Construction
LDA 0.421355 1920 809.0
LDT1 0.20026 1920 384.5
LDT2 0.20026 1920 384.5
MDV 0 1920 0.0
LHD1 0 1920 0.0
LHD2 0.076042 1920 146.0
MHD 0 1920 0.0
HHD 0.102083 1920 196.0
OBUS 0 1920 0.0
UBUS 0 1920 0.0
MCY 0 1920 0.0
SBUS 0 1920 0.0
MH 0 1920 0.0
LDA 51% 402.2 12,141,533.0 30.2 15.3
LDT1 4% 38.9 969,835.6 24.9 1.0
LDT2 24% 236.6 5,788,459.0 24.5 5.9
MDV 19% 229.0 4,501,806.0 19.7 3.7
LHD1 2% 45.3 436,975.9 9.7 0.2
MCY 0% 2.1 85,788.1 41.4 0.1
MH 0% 2.9 12,598.5 4.4 0.0
Fleet Mix – – – 26.3 26.3
LHD2 6% 11.1 146,655.6 13.2 0.7
MHDT 15% 43.5 379,793.7 8.7 1.3
HHDT 80% 340.0 2,079,806.0 6.1 4.9
Fleet Mix – – – 6.9 6.9
Notes:
1 EMFAC2021 was run for Fresno County for the operational year 2025. Data was aggregated over all vehicle model years and speed bins. 2 Fleet mix is based on assumptions made in CalEEMod for the proposed project. 3 The fuel efficiency was calculated by dividing the VMT (miles/day) by the fuel consumption (gallons/day).
Land Use
Total Annual
VMT2 (miles/year) Fuel Type
Portion of Fleet3
(%)
VMT by Fuel Type
(miles/year)
Fleet Mix Efficiency4
(miles/gallon)
Fuel Usage
(gallons/
year)
Gas 82% 4607150 26.3 175434.7
Diesel 18% 998508 6.9 144777.4
Total Gasoline/year 175434.7
Total Diesel/year 144777.4
Notes:
1 Calculated for operational year 2025 only. Future years will likely use less fuel due to more efficient cars. 2 Total VMT is based on project’s trip generation and trip lengths. 3 Fleet distribution is based on EMFAC2021 output and CalEEMod assumptions. 4 Fuel efficiency is based on fuel consumption and VMT data from EMFAC2021 for Fresno County and total VMT.
Warehouse 5,605,658.00
Proposed Project Operational Trips – Fuel Usage
Proposed Project Operational Trips – Fuel Efficiency
Fuel
Gas
Vehicle Class
EMFAC2021 Outputs1
Consumption
(1,000
gallons/day)
Fleet Mix
(%)2 VMT (miles/day) Fuel Efficiency3 (miles/gallon)
Diesel
Vehicle Class CalEEMod
Total Project
Trips
Total Trips per
Vehicle Class
Proposed Project Operational Trips
Electricity by Land Use kWh/year
Unrefrigerated Warehouse 8,365,340
City Park 0
Parking Lot 83,160
Total 8,448,500
Natural Gas by Land Use kBTU/year BTU/year therms/year
unrefrigerated warehouse 16,144,800 16,144,800,000 161,487 City Park 0 0 0
Parking Lot 0 0 0
Total 16,144,800 16,144,800,000 161,487
Electricity Usage
Natural Gas Usage
PUBLIC REVIEW DRAFT ENVIRONMENTAL I MPACT REPORT
F EBRUARY 2023
2740 WEST NIELSEN AVENUE OFFICE /WAREHOUSE P ROJECT
F RESNO, C ALIFORNIA
P:\SNN2102 2740 W. Nielsen\PRODUCTS\DEIR\Public Review\Appendices Cover Sheets.docx (02/16/23)
APPENDIX H
GREENHOUSE GAS REDUCTION PLAN UPDATE CONSISTENCY
CHECKLIST
LSA
2740 WEST NIELSEN AVENUE OFFICE /WAREHOUSE P ROJECT
F RESNO, C ALIFORNIA
PUBLIC REVIEW DRAFT ENVIRONMENTAL I MPACT REPORT
F EBRUARY 2023
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LSA
FRESNO GREENHOUSE GAS (GHG) REDUCTION PLAN UPDATE
MARCH 2021
Fresno Greenhouse Gas (GHG) Reduction Plan Update –
CEQA Project Consistency Checklist
INTRODUCTION
The City of Fresno updated its 2014 Greenhouse Gas (GHG) Reduction Plan (the Plan) in the year 2021 to conform with existing applicable State climate change policies and regulations. The GHG Plan Update outlines strategies that the City will undertake to achieve its proportional share of GHG emission reductions. The purpose of this GHG Reduction Plan Update Consistency Checklist (Checklist) is to help the City provide a streamlined review process for new development projects that are subject to discretionary review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15183.5.
This Checklist has been developed as part of the GHG Plan Update implementation and monitoring process and will support the achievement of individual GHG reduction strategies as well as the City’s overall GHG reduction goals. In addition, this Checklist will further the City’s sustainability goals and policies that encourage sustainable development and aim to conserve and reduce the consumption of resources, such as energy and water. Projects that meet the requirements of this Checklist will be deemed to be consistent with the Fresno GHG Reduction Plan Update and will be found to have a less than significant contribution to cumulative GHG (i.e., the project’s incremental contribution to cumulative GHG effects is not cumulatively considerable), pursuant to CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). Projects that do not meet the requirements in this Checklist will be deemed to be inconsistent with the Fresno GHG Reduction Plan Update and must prepare a projectspecific analysis of GHG emissions, including quantification of existing and projected GHG emissions and incorporation of the measures in this Checklist to the extent feasible. This GHG Checklist can be updated to reflect adoption of new GHG reduction strategies or to comply with any changes and updates in the Plan or local, State or federal regulations. Note that not all the measures in the checklist are applicable to all projects. The projects should comply with applicable measures from the checklist.
FRESNO GREENHOUSE GAS (GHG) REDUCTION PLAN UPDATE
MARCH 2021
1. Project Information
Contact Information
Project No./Name:
Address:
Applicant Name/Co:
Contact Information:
Project Information
1. What is the Site acreage of the Project?
2. Identify all Applicable Proposed Land uses:
a. Residential (Indicate number of single-family units) b. Residential (Indicate number of multi-family units)
c. Commercial (total square footage)
d. Industrial (total square footage)
e. Other (describe)
3. Is the project or a portion of the project located in a transit priority area? (Y/N)
4. Provide a brief description of the project proposed:
2740 West Nielsen Office/Warehouse Project
8801 River Crossing Boulevard, Suite 300
2740 West Nielsen
Scannell Properties
Indianapolis, Indiana, 46240
Warehouse/Office
48.03 901,438 square feet
201 loading dock doors and 594 parking spaces
No
The project would result in the
construction of a four office/warehouse
buildings that would be configured for
heavy industrial uses by tenants that have
not been identified. The proposed
buildings would result in a total gross floor
area of approximately 901,438 square
feet. The four buildings would be
comprised of the following: Building 1
would be 468,812 square feet and would
provide 122 loading dock doors; Building 2
would be 248,786 square feet and would
provide 46 loading dock doors; Building 3
would be 93,074 square feet and would
provide 18 loading dock doors; and
Building 4 would be 90,766 square feet
and would provide 15 loading dock doors.
Vehicular access to the site would be
provided by North Hughes Avenue, West
Nielsen Avenue, and North Marks Avenue.
A total of 594 on-site parking spaces
would be provided for vehicles and trucks.
FRESNO GREENHOUSE GAS (GHG) REDUCTION PLAN UPDATE
MARCH 2021
2. Determining Land Use Consistency
Checklist Item
As the first step in determining the consistency with the GHG Reduction Plan for discretionary development projects, this section allows the City to determine the project’s consistency with the land use assumptions used in the GHG Reduction Plan.
Yes No
1. Is the proposed project consistent with the approved General Plan, Specific Plan, and Community Plan planned land use and zoning designations?
If the answer is Yes, then proceed to the GHG Plan Update Consistency Checklist.
If the answer is No, then proceed to question 2.
2. If the proposed project is not consistent with the approved planned land use and zoning designation(s), then provide estimated GHG project emissions under both existing and proposed designation(s) for comparison. Compare the maximum buildout of the existing designation with the maximum buildout of the proposed designation.
If the estimated project emissions at maximum buildout of the proposed designation(s) is equivalent to or less than the estimated project emissions at maximum buildout of the existing designation(s), then in accordance with the City’s Significance Determination Thresholds, the project’s GHG impact is less than significant. If there is a proposed development project associated with this plan amendment and or rezone then complete the GHG Plan Update Consistency Checklist and incorporate applicable measures, otherwise there is no further step required.
If the estimated project emission at maximum buildout of the proposed designation(s) is greater than the estimated project emissions at maximum buildout of the existing designation(s), then in accordance with the City’s Significance Determination Thresholds, the project’s GHG impact is significant. The project must either show consistency with applicable GP objectives and policies (provide applicable GP objectives and policies here) or provide analysis and measures to incorporate into the project to bring the GHG emissions to a level that is less than or equal to the estimated project emission at maximum buildout of the existing designation(s) unless the decision‐maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091. If there is a proposed development project associated with this plan amendment and or rezone then complete the GHG Plan Update Consistency Checklist and incorporate applicable measures, otherwise there is no further step required.
X
FRESNO GREENHOUSE GAS (GHG) REDUCTION PLAN UPDATE
MARCH 2021
3. Greenhouse Gas (GHG) Reduction Plan Update - CEQA Project Consistency Checklist GHG Reduction Plan Update consistency review involves the evaluation of project consistency with the applicable strategies of the GHG Reduction Plan Update. The GHG reduction strategies identified in the GHG Reduction Plan Update relies upon the General Plan and additional local measures as the basis of the development related strategies to reduce GHG emissions. This checklist is developed based on the key local GHG reduction strategies and actions identified in the GHG Reduction Plan Update that are applicable to proposed development projects. Note that not all strategies listed below will apply to all projects. For example, not all projects will meet mixed-use related policies of the General Plan, because not all projects are required to be mixed use.
Checklist Item
(Check the appropriate box and provide an explanation for your answer) Relevant General Plan
Policy Yes No Not Applicable (NA) Explanation
1: Land Use and Transportation Demand Strategies
a. Does the project include mixed-use, development? For GHG Reduction Plan consistency, mixed-use development is defined as pedestrian-friendly development that blends two or more residential, commercial, cultural, or institutional, uses, one of which must be residential
Policy UF-1-c, LU-3-b,
Objective-UF 12, UF-12-a,
UF-12-b, UF-12-d,
Policy RC‐2‐a
b. Is the project high density? For GHG Reduction Plan consistency, is the project developed at 12 units per acre or higher?
LU-5-f
c. Is the project infill development, pursuant to the General Plan definition of location within the City limits as of December 31, 2012? LU-2-a, Objective-12,
UF-12-a, UF-12-b, UF-12-d
d. Does the project implement pedestrian bicycle, and transit linkages with surrounding land uses and neighborhoods? For GHG Reduction Plan consistency, the project must include all sidewalks, paths, trails, and facilities required by the General Plan and Active Transportation Plan, as implemented through the Fresno Municipal Code and project conditions of approval.
Policy UF-1-c, UF‐12‐e,
Policy RC-2-a, Objective
MT-4,5,6, Policy MT-4-c,
Policy MT-6-a, Policy POSS7-h Objective MT 8, Policies MT-8-a, MT-8-b
e. If the project includes mixed‐use or high density development, is it located within ½ mile of a High Quality Transit Area as defined in the City’s CEQA Guidelines for Vehicle Miles Traveled? Or, is the project located within 500 feet of an existing or planned transit stop?
Policy UF‐12‐a,
UF-12-b, LU-3-b, Objective
MT 8, Policies MT-8-a,
MT-8-b
f. Will the project accommodate a large employer (over 100 employees) and will it implement trip reduction programs such as increasing transit use, carpooling, vanpooling, bicycling, or other measures to reduce vehicle miles traveled pursuant to San Joaquin Valley Air Pollution Control District Rule 9410?
See the SJVAPCD website for details: https://www.valleyair.org/rules/ currntrules/r9410.pdf
Policy MT-8-b, Objective
MT-9, Policy MT-10-c, San
Joaquin Valley Air Pollution
Control District Rule 9410
X
The proposed project does
not include mixed-use
development and does not
include residential uses.
X
The proposed project does not
include residential uses.
X
The project would provide
complete streets for all roadway
improvements.
X
The proposed project does not
include mixed-use or high
density development.
X
The project would have over
100 employees and would be
required to comply with
SJVAPCD Rule 9410.
X
The project site consists of a former industrial
warehouse site and is in a heavy industrial district.
FRESNO GREENHOUSE GAS (GHG) REDUCTION PLAN UPDATE
MARCH 2021
Checklist Item
(Check the appropriate box and provide an explanation for your answer) Relevant General Plan
Policy Yes No Not Applicable (NA) Explanation
g. If the project includes modifications to the transportation network, do those improvements meet the requirements of the City of Fresno’s Complete Streets Policy, adopted in October 2019? According to the policy, a complete street is a transportation facility that is planned, designed, operated, and maintained to provide safe mobility for all users - including bicyclists, pedestrians, transit vehicles, trucks, and motorists - appropriate to the function and context of the facility while connecting to a larger transportation network.
See City of Fresno website for details: https://www.fresno.gov/publicworks/wpcontent/uploads/sites/17/2019/10/Complete-Streets-091119.pdf MT-1-g, MT-1-h
h. Does the project have a less than significant VMT impact, either through satisfying screening criteria or mitigating VMT impacts, pursuant to the City’s adopted VMT thresholds?
See City of Fresno website for details: https://www.fresno.gov/darm/wpcontent/uploads/sites/10/2021/01/CEQA-Guidelines-for-Vehicle-Miles-TraveledFinal-Adopted-Version.pdf MT-2-b, MT-2-c
2: Electric Vehicle Strategies
a. For new multi-family dwelling units with parking, does the project provide EV charging spaces capable of supporting future EV supply equipment (EV capable) at 10% of the parking spaces per 2019 California Green Building Standards Code (CALGREEN, Title 24, Part 11), Section 4.106.4 Policy RC-8-j
b. For new commercial buildings, does project provide EV charging spaces capable of supporting EV capable spaces at 4% to 10% of the parking spaces per 2019 California Green Building Standards Code (CALGREEN, Title 24, Part 11), Section 5.106.5.3
Policy RC-8-j
3: Energy Conservation Strategies
a. Does the project meet or exceed mandatory state building energy codes? If yes, does the project follow any other GreenPoint ratings such as LEED, Energy Star or others? If yes, indicate level of certification-Silver, gold, platinum if applicable?
Policy RC-5-c, Objective
RC-8, Policy RC 8-a
b. For commercial projects, does the project achieve net zero emissions electricity?
Mark NA if project will be permitted before 2030. Mark Yes if voluntary. Add source and capacity in explanation.
Additional Recommended
GHG Plan Measure,
supports Objective RC-8
X
The proposed project has a less
than significant VMT impact.
The project would provide
complete streets for all
roadway improvements.
X
X
The proposed project would
not include multi-family
residential uses.
X
The proposed project would not
include commercial uses.
X
The project would meet the latest
CalGreen standards and include
cool roof materials but would not
follow other GreenPoint ratings.
X
The project does not include
commercial uses and would be
permitted before 2030.
FRESNO GREENHOUSE GAS (GHG) REDUCTION PLAN UPDATE
MARCH 2021
Checklist Item
(Check the appropriate box and provide an explanation for your answer) Relevant General Plan
Policy Yes No Not Applicable (NA) Explanation
4: Water Conservation Strategies
a. Does the project meet or exceed the mandatory outdoor water use measures of the 2019 California Green Building Standards Code (CALGREEN, Title 24, Part 11), Section 4.304?
If the project exceeds CalGreen Code mandatory measures provide methods in excess of requirements in the explanation.
Examples include outdoor water conservation measures such as; drought tolerant landscaping plants, compliant irrigation systems, xeriscape, replacing turf etc. Provide the conservation measure that the project will include in the explanation.
Objective RC-7,
Policy RC-7-a, RC-7-h
b. Does the project meet or exceed the mandatory indoor water use measures of the 2019 California Green Building Standards Code (CALGREEN, Title 24, Part 11), Section 4.303?
If the project exceeds CalGreen Code, mandatory measures provide methods in excess of requirements in the explanation. Examples may include water conserving devices and systems such as water leak detection system, hot water pipe insulation, pressure reducing valves, energy efficient appliances such as Energy Star Certified dishwashers, washing machines, dual flush toilets, point of use and/or tankless water heaters.
Objective RC-7,
Policy RC-7-a, RC-7-e
5: Waste Diversion and Recycling Strategies
a. Does the project implement techniques of solid waste segregation, disposal and reduction, such as recycling, composting, waste to energy technology, and/or waste separation, to reduce the volume of solid wastes that must be sent to landfill facilities?
Policy PU‐9‐a, RC-11-a
b. During construction will the project recycle construction and demolition waste?
Policy RC-11-a
c. Does the project provide recycling canisters in public areas where trashcans are also provided?
Policy RC-11-a
Note: The GHG reduction strategies included in this checklist are based on the GHG reduction strategies identified in the Chapter 5 of the GHG Reduction Plan Update.
X
The project would meet the
latest CalGreen standards. The
project would also include a
vegetative plan that includes
the planning of trees and
other landscaping materials
throughout the perimeter of
the project site.
The project would meet the
latest CalGreen standards.
X
X
X
X
The proposed project would be
consistent with the CalRecycle
Waste Diversion and Recycling
Mandate.
The proposed project would
recycle construction waste.
The proposed project would
provide recycling canisters.
S C R E E N C H E C K DR A F T EN V I R O N M E N T A L I M P A C T RE P O R T F E B R U A R Y 2023
2740 WE S T NI E L S E N AV E N U E OF F I C E /WA R E H O U S E P R O J E C T
F R E S N O, C A L I F O R N I A
P:\SNN2102 2740 W. Nielsen\PRODUCTS\DEIR\Screencheck\Appendices Cover Sheets.docx (02/02/23)
APPENDIX I
PHASE I ENVIRONMENTAL SITE ASSESSMENT
LSA
4729 W. Jacquelyn Avenue
Fresno, California 93723
(559) 271-9700 Office
(559) 275-0827 Fax
LOS ANGELES • SAN JOSE • FRESNO • STOCKTON • BAKERSFIELD DALLAS • SEATTLE • DENVER
January 29, 2021 Project No. 1-420-1016
Mr. Jake Kurth
Development Assistant
Scannell Properties
294 Grove Lane East, Suite 140
Wayzata, MN 55391
Mobile: (612) 280-4088
Email: [email protected]
SUBJECT: PHASE I ENVIRONMENTAL SITE ASSESSMENT
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CA
Dear Mr. Kurth:
At your request and authorization, SALEM Engineering Group, Inc., (SALEM) has conducted this Phase I Environmental Site Assessment (ESA) of the Former California Compress Facility located 2740 West Nielsen Avenue in Fresno, California (subject property). During the course of this assessment, SALEM identified SALEM identified the following evidence of Recognized Environmental Conditions (RECs) in connection with the subject property as defined by ASTM E1527-13:
• At least three known septic systems were associated with the former structures on the subject property, two of which were visually identified during SALEM’s November 19, 2020 site reconnaissance as remaining at the subject property. The former septic systems may have acted as a conduit for contaminants to enter on-site soil from potential past unauthorized disposal of hazardous substances and/or petroleum products utilized for vehicle maintenance into drains, sinks and toilets. SALEM recommends conducting a Limited Soil Assessment (LSA) in the vicinity of the septic systems to determine if on-site soils have been impacted by unauthorized releases of the constituents of concern into the septic systems.
• Historic operations at the subject property included the handling and storage of cotton which required an extensive fire suppression system. Two water basins were historically located in the southern portion of the subject property. SALEM personnel located upwards of 25 features across the subject property indicative of a fire suppression system including stand pipes, traffic bollards, and fire hydrants. The system reportedly included diesel-powered water pumps supplied from an aboveground storage tank (AST) historically located in the south-central portion of the subject property. The former diesel AST location was identifiable by concrete footings and a fire extinguisher. Additional concrete footings indicative of propane ASTs were observed in the northcentral portion of the subject property. No staining or signs of leakage were observed in the vicinity of the former ASTs. However, SALEM recommends conducting a LSA to assess on-site shallow soils for potential petroleum hydrocarbon impacts in the vicinity of the former diesel AST. • A soil mound was observed in the southern portion of the subject property and was reported to have been excavation dirt and asphalt produced when the floor of a warehouse was switched from asphalt to concrete to accommodate heavy machinery. No obvious visual evidence of hazardous substances SALEM
engi n eer i ng group, inc.
Project No. 1-420-1016
January 29, 2021
Page No. 2
and/or petroleum products or staining was observed on the surface of the stockpile. Based upon the absence of documentation regarding the source of the stockpiled soil, SALEM recommends collecting samples of the stockpiled soil in order to determine if the soil has been impacted by constituents of concern prior to either transporting the soil off-site for disposal or utilizing the soil on-site as clean-fill if needed during the redevelopment of the subject property.
The following Historical Recognized Environmental Condition (HREC) was identified:
• The former California Compress facility operated four underground storage tanks (USTs) consisting of a 10,000-gallon fuel oil UST historically located on what is now the north adjacent property; a 4,000-gallon double-walled steel diesel UST; a 4,000-gallon single-walled steel diesel UST; and a 1,000-gallon single-walled steel regular unleaded gasoline UST historically located in the southwest portion of the subject property. Records indicate all UST were properly permitted and removed under the regulatory agency oversight of Fresno County Environmental Health Division (FCEHD). A record of a “Hazardous Material Release” was recorded on June 5, 1995 indicating soil contamination from petroleum products discovered during removal of a UST.
California Regional Water Quality Control Board (RWQCB) records indicate that FCEHD issued a “case closed” designation for the California Compress leaking underground storage tank (LUST) site on July 3, 1996.
Additionally, the following Site Development issue was identified:
During SALEM’s site reconnaissance, two water wells were observed on the subject property. No information regarding analytical testing or construction specifications of the on-site wells was found during the course of this assessment. If the water wells are not to be used in any planned redevelopment of the subject property, SALEM recommends properly destroying the wells in accordance with all applicable state and local guidelines.
We appreciate the opportunity to assist you with this project. If you have any questions, or if we may be of further assistance, please do not hesitate to contact our office at (559) 271-9700.
Respectfully submitted,
SALEM Engineering Group, Inc.
Shannon Lodge, PG
Senior Project Manager
SALEM
engineering group. inc.
LOS ANGELES • SAN JOSE • FRESNO • STOCKTON • BAKERSFIELD DALLAS • SEATTLE • DENVER
PHASE I
ENVIRONMENTAL
SITE ASSESSMENT
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SALEM PROJECT NO. 1-420-1016
JANUARY 29, 2021
PREPARED FOR:
MR. JAKE KURTH
SCANNELL PROPERTIES
294 GROVE LANE EAST, SUITE 140
WAYZATA, MN 55391
PREPARED BY:
SALEM ENGINEERING GROUP, INC.
4729 W. JACQUELYN AVENUE
FRESNO, CA 93722
P: (559) 271-9700
F: (559) 275-0827
www.salem.net
GEOTECHNICAL ● ENVIRONMENTAL ● GEOLOGY ● MATERIALS TESTING & INSPECTION ● FORENSIC ● LABORATORY SALEM . . . eng1neer1ng group, inc.
TABLE OF CONTENTS
Job No. 1-420-1016
1.0 EXECUTIVE SUMMARY ........................................................................................................... 1
2.0 PURPOSE AND SCOPE OF ASSESSMENT............................................................................. 2
2.1 Purpose ............................................................................................................................................. 2
2.2 Scope of Work ................................................................................................................................. 3
3.0 SITE DESCRIPTION.................................................................................................................... 4
4.0 PHYSIOGRAPHY AND HYDROGEOLOGIC CONDITIONS ............................................... 4
5.0 SITE RECONNAISSANCE.......................................................................................................... 5
5.1 Observations .................................................................................................................................... 5
5.2 Adjacent Streets and Property Usage............................................................................................... 6
5.3 Potable Water Source....................................................................................................................... 7
5.4 Sewage Disposal System ................................................................................................................. 7
5.5 Heating and Cooling Source ............................................................................................................ 7
6.0 USER-PROVIDED INFORMATION.......................................................................................... 7
6.1 Title Report...................................................................................................................................... 7
6.2 Phase I Environmental Site Assessment User Questionnaire .......................................................... 8
7.0 SITE USAGE SURVEY ................................................................................................................ 8
7.1 Phase I Environmental Site Assessment Owner Questionnaire....................................................... 8
7.2 Historical Aerial Photograph Review .............................................................................................. 9
7.3 Building Department Records Review .......................................................................................... 12
7.4 City Directories .............................................................................................................................. 12
7.5 Sanborn Fire Insurance Maps ........................................................................................................ 12
7.6 Agricultural Chemicals .................................................................................................................. 12
7.7 Phase I Environmental Site Assessment Interview - Previous Owner ........................................... 13
7.8 Previous Environmental Reports ................................................................................................... 13
8.0 REGULATORY AGENCY RECORDS REVIEW .................................................................. 13
8.1 Standard Environmental Record Sources ...................................................................................... 15
9.0 POTENTIAL VAPOR ENCROACHMENT CONDITION .................................................... 20
9.1 Vapor Encroachment Screening .................................................................................................... 20
10.0 BUSINESS ENVIRONMENTAL RISKS .................................................................................. 21
10.1 Asbestos-Containing Building Materials ....................................................................................... 21
10.2 Lead-Based Paint ........................................................................................................................... 22
10.3 Radon ............................................................................................................................................. 22
10.4 Mold ............................................................................................................................................... 22
11.0 DISCUSSION OF FINDINGS .................................................................................................... 23
11.1 Evaluation of Data Gaps/Data Failure ........................................................................................... 24
12.0 SUMMARY AND CONCLUSIONS .......................................................................................... 25
13.0 LIMITATIONS ............................................................................................................................ 26
14.0 QUALIFICATIONS .................................................................................................................... 27
15.0 REFERENCES ............................................................................................................................. 27 SALEM
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TABLE OF CONTENTS (cont’d)
Job No. 1-420-1016
PHOTOGRAPHS
Following the Text of the Report
FIGURES
Topographic Map ......................................................................................................................................... .1 Aerial Photograph ........................................................................................................................................ .2 Site Map ....................................................................................................................................................... .3
APPENDICES
Commitment for Title Insurance ................................................................................................................. .A Phase I ESA All Appropriate Inquiry (AAI) User Questionnaire .................................................................B Phase I ESA All Appropriate Inquiry (AAI) Owner Questionnaire .............................................................C Aerial Photographs ...................................................................................................................................... .D City of Fresno Building Department Records .............................................................................................. .E City Directory Abstract Report .................................................................................................................... .F Sanborn Fire Insurance Maps No Coverage Certification .......................................................................... .G Previous Environmental Report ................................................................................................................... H California Regional Water Quality Control Board Records .......................................................................... I Fresno County Environmental Health Division Records ............................................................................... J EDR Radius Map Report ............................................................................................................................. K Professional Resumes .................................................................................................................................. .L SALEM
engineering group. inc.
4729 W. Jacquelyn Avenue
Fresno, California 93723
(559) 271-9700 Office
(559) 275-0827 Fax
LOS ANGELES • SAN JOSE • FRESNO • STOCKTON • BAKERSFIELD DALLAS • SEATTLE • DENVER
January 29, 2021 Project No. 1-420-1016
PHASE I ENVIRONMENTAL SITE ASSESSMENT
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
1.0 EXECUTIVE SUMMARY
SALEM Engineering Group, Inc. (SALEM) has conducted a Phase I Environmental Site Assessment (ESA) of the Former California Compress Facility 2740 West Nielsen Avenue in Fresno, California (subject property).
The approximately 44.95-acre rectangular-shaped subject property consists of two parcels identified as Fresno County Assessor’s Parcel Numbers (APNs) 458-020-71 and 458-020-72. SALEM conducted this Phase I ESA of the subject property in conformance with the American Society for Testing and Materials (ASTM) E1527- 13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.
The U.S. Environmental Protection Agency (USEPA) has determined that the ASTM E1527-13 Standard is consistent with the requirements for conducting an “All Appropriate Inquiry” under 40 C.F.R. Part 312. Thus, this Phase I ESA constitutes All Appropriate Inquiry (AAI) designed to identify Recognized Environmental Conditions (RECs) in connection with the previous ownership and uses of the subject property as defined by ASTM E1527-13 and 40 C.F.R. Part 312.
ASTM E1527-13 Section 1.1.1 Recognized Environmental Conditions – The term recognized environmental conditions is defined as “the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.” The term as further defined by ASTM “is not intended to include de minimis conditions that generally do not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies.” Conditions determined to be de minimis are not recognized environmental conditions.
During the course of this assessment, SALEM identified SALEM identified the following evidence of RECs in connection with the subject property as defined by ASTM E1527-13:
• At least three known septic systems were associated with the former structures on the subject property, two of which were visually identified during SALEM’s November 19, 2020 site reconnaissance as remaining at the subject property. The former septic systems may have acted as a conduit for contaminants to enter on-site soil from potential past unauthorized disposal of hazardous substances and/or petroleum products utilized for vehicle maintenance into drains, sinks and toilets. SALEM recommends conducting a Limited Soil Assessment (LSA) in the vicinity of the septic systems to determine if on-site soils have been impacted by unauthorized releases of the constituents of concern into the septic systems.
• Historic operations at the subject property included the handling and storage of cotton which required an extensive fire suppression system. Two water basins were historically located in the southern portion of the subject property. SALEM personnel located upwards of 25 features across the subject property indicative of a fire suppression system including stand pipes, traffic bollards, SALEM
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and fire hydrants. The system reportedly included diesel-powered water pumps supplied from an aboveground storage tank (AST) historically located in the south-central portion of the subject property. The former diesel AST location was identifiable by concrete footings and a fire extinguisher. Additional concrete footings indicative of propane ASTs were observed in the northcentral portion of the subject property. No staining or signs of leakage were observed in the vicinity of the former ASTs. However, SALEM recommends conducting a LSA to assess on-site shallow soils for potential petroleum hydrocarbon impacts in the vicinity of the former diesel AST. • A soil mound was observed in the southern portion of the subject property and was reported to have been excavation dirt and asphalt produced when the floor of a warehouse was switched from asphalt to concrete to accommodate heavy machinery. No obvious visual evidence of hazardous substances and/or petroleum products or staining was observed on the surface of the stockpile. Based upon the absence of documentation regarding the source of the stockpiled soil, SALEM recommends collecting samples of the stockpiled soil in order to determine if the soil has been impacted by constituents of concern prior to either transporting the soil off-site for disposal or utilizing the soil on-site as clean-fill if needed during the redevelopment of the subject property.
The following Historical Recognized Environmental Condition (HREC) was identified:
• The former California Compress facility operated four underground storage tanks (USTs) consisting of a 10,000-gallon fuel oil UST historically located on what is now the north adjacent property; a 4,000-gallon double-walled steel diesel UST; a 4,000-gallon single-walled steel diesel UST; and a 1,000-gallon single-walled steel regular unleaded gasoline UST historically located in the southwest portion of the subject property. Records indicate all UST were properly permitted and removed under the regulatory agency oversight of Fresno County Environmental Health Division (FCEHD). A record of a “Hazardous Material Release” was recorded on June 5, 1995 indicating soil contamination from petroleum products discovered during removal of a UST.
California Regional Water Quality Control Board (RWQCB) records indicate that FCEHD issued a “case closed” designation for the California Compress leaking underground storage tank (LUST) site on July 3, 1996.
Additionally, the following Site Development issue was identified:
• During SALEM’s site reconnaissance, two water wells were observed on the subject property. No information regarding analytical testing or construction specifications of the on-site wells was found during the course of this assessment. If the water wells are not to be used in any planned redevelopment of the subject property, SALEM recommends properly destroying the wells in accordance with all applicable state and local guidelines.
2.0 PURPOSE AND SCOPE OF ASSESSMENT
2.1 Purpose
According to ASTM E1527-13, the purpose of this practice is to define good commercial and customary practice in the United States of America for conducting an environmental site assessment of a parcel of commercial real estate with respect to the range of contaminants within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. §9601) and petroleum products. As such, this practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitation on SALEM
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CERCLA liability (hereinafter, the “landowner liability protections,” or “LLPs”): that is, the practice that constitutes “all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice” as defined at 42 U.S.C. §9601(35) (B).
The Phase I ESA was conducted to identify ‘Recognized Environmental Conditions’ (RECs), ‘Controlled Recognized Environmental Conditions’ (CRECs) and ‘Historical RECs’ (HRECs) as defined by the American Society for Testing and Materials (ASTM) Designation E1527-13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. Section 1.1.1 of the ASTM Designation E1527- 13 defines an REC as “the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.” The term as further defined by ASTM “is not intended to include de minimis conditions that generally do not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies.” Section 3.2.18 defines a CREC as a “recognized environmental condition resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (for example, as evidenced by the issuance of a no further action letter or equivalent, or meeting risk-based criteria established by regulatory authority), with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls).” Section 3.2.42 defines HREC as a “past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls (for example, property use restrictions, activity and land use limitations, institutional controls, or engineering controls).”
2.2 Scope of Work
The objective of the SALEM Phase I ESA scope of work is to provide an evaluation of RECs at the subject property and potential off-site sources. The scope of work for this Phase I ESA conforms to ASTM E1527-
13. SALEM was provided authorization to conduct the Phase I ESA by Mr. Jake Kurth with Scannell Properties on November 11, 2020 in accordance with SALEM’s proposal P1-420-1558. In fulfillment of the SALEM scope of work for this Phase I ESA, SALEM was retained to perform the following tasks:
Acquire readily available information regarding land-use history and property development by reviewing historical aerial photographs, pertinent building permit records, historic city directories, as well as reviewing recent and historic topographic land-use maps of the subject property and surrounding area.
Reviewing readily available local, state and federal regulatory agency databases listed in ASTM E1527-13 and compiled by Environmental Data Resources, Inc. (EDR), including but not limited to CERCLA and NPL lists for sites within one mile of the subject property. State databases, including but not limited to CALSITES, Hazardous Substance Account Act, Cortese, SWIS, SWAT, Well Investigation Program (AB1803), and LUFT, were reviewed for sites within one mile of the subject property.
Performing a reconnaissance of the subject property and surrounding areas (up to one-half mile beyond site boundary), with regard to potential off-site sources of degradation to the subject property, which included photograph documentation of subject property conditions, and identification of potential environmental concerns. Interviews with persons knowledgeable of the previous and current ownership and uses of the subject property.
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Identifying aboveground storage tanks and/or indications of underground storage tanks on-site. In addition to ASTM E1527-13, SALEM recognizes ASTM Standard Guide for Vapor Encroachment Screening (VES) on Property Involved in Real Estate Transactions (ASTM E2600- 15) as an industry-accepted guideline to determine if a Vapor Encroachment Condition (VEC) exists at the target property. A VES consists of reviewing the Phase I ESA data combined with the application of professional judgment. SALEM evaluates the regulatory agency databases to determine if there are known or suspect contaminated sites within a minimum search distance of the target property. In addition, SALEM attempted to determine whether soil and/or groundwater have been impacted within the critical distances outlined in ASTM E2600-15. Preparing this report of SALEM’s findings and recommendations if warranted.
3.0 SITE DESCRIPTION
The approximately 44.95-acre rectangular-shaped subject property consists of two parcels (Fresno County APNs 458-020-71 and 458-020-72) located at 2740 West Nielsen Avenue in Fresno, California. At the time of SALEM’s November 19, 2020 site reconnaissance, the subject property was observed to be vacant land mostly covered in asphalt and concrete with areas of grass and remnants of former landscaping. A total of fifteen former building footprints, two water wells, two former suspect AST locations, and several fire hydrants and standpipes were observed throughout the property. The subject property is located in within Section 6, Township 14 South, Range 20 East, Mount Diablo Base and Meridian, Fresno South, California,
7.5-minute United States Geological Survey (USGS) topographic map, dated 2012.
4.0 PHYSIOGRAPHY AND HYDROGEOLOGIC CONDITIONS
The subject property is located within the San Joaquin Valley. The San Joaquin Valley, which includes the Fresno area, is a topographic and structural basin that is bounded on the east by the Sierra Nevada and on the west by the Coast Ranges. The Sierra Nevada, a fault block dipping gently southwestward, is composed of igneous and metamorphic rocks of pre-Tertiary age that form the basement complex beneath the San Joaquin Valley. The Coast Ranges contain folded and faulted sedimentary rocks of Mesozoic and Cenozoic age, which are similar to those rocks that underlie the Valley at depth and non-conformably overlie the basement complex; gently dipping to nearly horizontal sedimentary rocks of Tertiary and Quaternary age overlie the older rocks. These younger rocks are mostly of continental origin and in the Fresno area they were derived from the Sierra Nevada. The Coast Ranges evolved as a result of folding, faulting and accretion of diverse geologic terrains. They are broken by numerous faults, the San Andreas Fault being the most notable feature.
The San Joaquin Valley represents the southern portion of the Central Valley of California, also referred to as the Great Valley geomorphic province. The most extensive geomorphic units in the province include dissected uplands, low alluvial plains and fans, river floodplains and channels, and overflow lands and lake bottoms. The valley represents the alluvial, flood, and delta plains of two major rivers (the Sacramento and San Joaquin rivers) and their tributaries. The high alluvial fans are the largest geomorphic features in the Fresno area. These fans lie from 10 to 90 feet above the channels of the present day rivers and are not subject to inundation by the rivers. The Merced area alluvial fans form part of a continuum of fans along the eastern margin of the San Joaquin Valley structural trough. The sediments are derived from the Sierra Nevada to the east — most of the sediment is of probable glacial origin. The east side fans are formed by meandering or braided stream floodplain processes that contain more well-sorted, fine-grained material and have gentler slopes than the semiarid fans on the west side of the San Joaquin Valley. The east side fans have low relief with very gentle gradients.
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According to RWQCB records for the Fresno Drum, Eastern Parcel facility, located at 733 South Hughes Avenue, approximately 0.65-miles south of the subject property, groundwater in the vicinity of the subject property was reported at a depth of approximately 65 to 80 feet below ground surface (bgs) with a general direction of flow toward the northeast. However, local groundwater level and flow direction may vary due to seasonal fluctuations in precipitation, usage demands, geology, and/or surface topography.
5.0 SITE RECONNAISSANCE
A site reconnaissance, which included a visual observation of the subject property and properties within the subject area, was conducted by SALEM’s environmental assessor on November 19, 2020. The objective of the site reconnaissance is to identify RECs, including the storage and handling of hazardous substances and petroleum products on or in the vicinity of the subject property which have the potential to environmentally impact on-site soils, surface water and groundwater.
5.1 Observations
Table I summarizes the visual observations made during our site reconnaissance. A discussion of the physical observations follows Table I. Refer to the Site Map (Figure 1) and color photographs following the text for the locations of the features discussed in this section of the report.
TABLE I
Summary of Observations during Site Reconnaissance
FEATURE OBSERVED NOT OBSERVED
Structures (existing) X
Evidence of past uses X
Hazardous substances and/or petroleum products (including containers) X Aboveground storage tanks (ASTs) X
Underground storage tanks (USTs) or evidence of USTs X
Strong, pungent, or noxious odors X
Pools of liquid likely to be hazardous materials or petroleum products X Drums X
Unidentified substance containers X
Pad-mounted/Pole-mounted transformers/capacitors/other PCB-containing equipment X Subsurface hydraulic equipment X
Heating/ventilation/air conditioning (HVAC) X
Stains or corrosion on floors, walls, or ceilings X
Floor drains and sumps X
Pits, ponds, or lagoons X
Stained soil and/or pavement X
Stressed vegetation X
Waste or wastewater discharges to surface or surface waters on subject property (including stormwater) X
Wells (irrigation, domestic, dry, injection, abandoned, monitoring wells) X Septic Systems X
The approximately 44.95-acre rectangular-shaped subject property consists of two parcels (Fresno County APNs 458-020-71 and 458-020-72) at 2740 West Nielsen Avenue, located on the north side of West Nielsen Avenue between North Marks Avenue and South Hughes Avenue in Fresno, California. At the time of SALEM’s site reconnaissance, the subject property was observed to be vacant land mostly covered in asphalt and concrete with areas of grass and remnants of former landscaping. • An approximately 900 cubic foot pile of soil, asphalt and concrete debris was observed on the south central portion of the subject property. No hazardous waste or petroleum products were observed in the debris pile. No surface staining was observed on or around the pile.
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• Approximately 22 standpipes, some with protective traffic bollards, were observed throughout the subject property. Several of these had associated fire hydrants. The stand pipes were in various conditions but appeared to all be out of service. Additionally, an area within a ring of protective traffic bollards was observed in the south central portion of the subject property. Stand pipes and evidence of subsurface water lines were observed located near the traffic bollards. This feature is a suspected former water system component location.
• A concrete stand and additional standpipes indicative of a former suspected AST area were observed located centrally on the subject property. Additionally, a fire extinguisher and evidence of concrete footings indicative of either an AST or fuel dispenser location was observed approximately 150 feet south of the concrete AST stand. • Eighteen square and rectangular-shaped former building pads were observed across the subject property.
Eight pads measured approximately 220 feet by 195 feet; two pads measured approximately 130 feet by 500 feet; three pads measured approximately 200 feet by 220 feet; one pad measured approximately 140 feet by 500 feet; one pad measured approximately 40 feet by 100 feet and appeared to have been an office type structure with restrooms and a small garage/bay; one pad was L-shaped and measured approximately 7,900 square feet and had an approximately 10 foot by 20 foot patch of newer asphalt within a concrete paved area indicative of a suspect former UST location and appeared to have had a mechanical system mounted on tracks to access the former building interiors. An additional pad measuring approximately 100 feet by 155 feet was observed near the former AST stand observed in the north central portion of the subject property and a recently disked dirt patch approximately 120 feet by 190 feet and slightly elevated was observed in the southeast corner of the subject property. • Two storm drains were observed along the south property boundary, a concrete-lined stormwater ditch was additionally observed along the south property boundary. An area exhibiting soil erosion from stormwater runoff was observed at the northwest corner of the property. All storm drains exhibited no evidence of surface staining.
• Two water pumps were observed, one was located along the south property boundary and one was located along the west property boundary. The pumps appear to be connected to water wells and not in operating condition.
• During the visual observations of the subject property, no hazardous substances or petroleum products were observed to be stored or handled on the subject property. Exposed surface soils did not exhibit obvious signs of discoloration. No standing water or major depressions were observed on the subject property.
5.2 Adjacent Streets and Property Usage
Table II summarizes the adjacent streets and properties uses observed during the SALEM’s site reconnaissance.
TABLE II
Adjacent Streets and Property Use
DIRECTION ADJACENT STREET ADJACENT PROPERTY USE
North None Vacant Lot with Pads of Former Structures and Brenntag (175 N. Hughes Ave.) East North Hughes Avenue Masis Ararat Armenian Cemetery (250 N. Hughes Ave.), Trench Shoring Co. (88 N. Hughes Ave.), Reimer Transport (2002 W. Nielsen Ave.) South West Nielsen Avenue Vacant Land, Single-Family Residential West North Marks Avenue Cole Ditch/Houghton Canal, Elaison Lumber (3040 W. Nielsen Ave.), Vacant/Agricultural Land
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Based on the observed uses of the properties located immediately adjacent to the subject property, it is unlikely that significant quantities of hazardous substances or petroleum products are currently stored or handled at the adjoining properties.
5.3 Potable Water Source
SALEM’s research indicates that no potable water has been historically supplied to the subject property.
Additionally, during SALEM’s site reconnaissance, two water wells were observed on the subject property.
No information regarding analytical testing or construction specifications of the on-site wells were found during the course of this assessment. If the on-site water wells are not to be used in any planned redevelopment of the subject property, they should be properly destroyed in accordance with all state and local guidelines. Water sampling was not conducted to verify productivity or water quality.
5.4 Sewage Disposal System
SALEM’s review of historical aerial photographs, previous environmental reports, and regulatory agency records indicates three septic systems were associated with the former structures at the subject property.
During SALEM’s site reconnaissance, two of the reported septic tanks were identified as remaining on the subject property. The third septic system is suspected to be located under the slightly elevated disked dirt pad at the southwest corner of the subject property. The septic systems identified should be properly abandoned/closed or destroyed in accordance with state and local guidelines. The former septic systems may have acted as a conduit for contaminants to enter on-site soil from potential past unauthorized disposal of hazardous substances and/or petroleum products into drains, sinks and toilets. The former septic systems present a REC to the subject property and additional investigation is recommended to determine if on-site soils have been impacted by past unauthorized releases of petroleum hydrocarbons into the septic systems.
5.5 Heating and Cooling Source
No structures are currently located on the subject property. Therefore, no heating or cooling sources exist at the subject property. Documentation of fuel oil use was identified to have been heating oil historically stored in a 10,000-gallon UST located on what is now considered for the purpose of SALEM’s Phase I ESA, the north adjoining property. The heating oil UST was removed under regulatory agency oversight of the FCEHD in 1995. FCEHD records indicate that during UST removal activities the UST was reported to have been in fair condition upon removal with no evidence of leakage. Additionally, the subject property was not listed on any government databases of known or reported releases of heating oil to the subsurface.
Therefore, the historic use of heating oil at the subject property and associated historic UST on the north adjoining property does not present an REC to the subject property.
6.0 USER-PROVIDED INFORMATION
A review of a User-provided title documentation and a Phase I ESA User Questionnaire was conducted in order to help identify pertinent information regarding potential environmental impacts associated with the subject property.
6.1 Title Report
An ALTA Commitment for Title Insurance for the subject property, prepared by First American Title Insurance Company, dated September 30, 2020 was provided to SALEM for review. The ALTA Commitment for Title Insurance was reviewed to identify potential deed restrictions, environmental liens or activity and use limitations (AULs) which may have occurred on or exist in connection with the subject property as indicated by the ALTA Commitment for Title Insurance. SALEM’s review of the ALTA Commitment for Title Insurance indicated no deed restrictions, environmental liens or AULs for the subject SALEM
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property. However, it is important to note that this document is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Therefore, SALEM recommends that at the close of the real estate, and upon the issuance of the Final Title Report, that the Final Title Report be reviewed and any information deviating from that presented in the ALTA Commitment for Title Insurance reviewed herein revealing evidence of RECs. Please refer to Appendix A for a copy of the ALTA Commitment for Title Insurance.
6.2 Phase I Environmental Site Assessment User Questionnaire On November 11, 2020, SALEM received a Phase I ESA User Questionnaire completed by Mr. Jake Kurth with Scannell Properties. Please refer to Appendix B for a copy of the completed Phase I ESA User Questionnaire.
In order to quality for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2001 (the “Brownfields Amendments”), the user must provide the following information (if available) to the environmental professional. Failure to provide this information could result in a determination that “all appropriate inquiry” is not complete. The user is asked to provide information or knowledge of the following:
Environmental cleanup liens that are filed or recorded against the site. Activity and land use limitations that are in place on the site or that have been filed or recorded in a registry.
Specialized knowledge or experience of the person seeking to quality for the LLPs. Relationship of the purchase price to the fair market value of the property if it were not contaminated. Commonly known or reasonably ascertainable information about the property. The degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation.
According to Mr. Kurth, to the best of his knowledge as the user of this Phase I ESA, no environmental cleanup liens and no activity or land use limitations that have been filed or recorded against the subject property. Mr. Kurth indicated that the subject property was previously utilized for cotton storage and that he has no specialized knowledge or experience of the prior nature of the business or chemical utilization on the subject property. Mr. Kurth indicated that he has no knowledge of the past or current presence of specific chemicals or hazardous materials, unauthorized spills or chemical releases or of any environmental cleanup liens in connection with the subject property. Mr. Kurth indicated that the purchase price of the subject property reasonably reflects fair market value.
7.0 SITE USAGE SURVEY
In order to assess the subject property’s history, SALEM reviewed a Phase I ESA Owner Questionnaire, historical aerial photographs, building department records, city directories, planning department records and SFIMs.
7.1 Phase I Environmental Site Assessment Owner Questionnaire On November 12, 2020, a Phase I ESA Owner Questionnaire was completed by Mr. Kirk Daoudian, the current owner of the subject property. The Phase I ESA Owner Questionnaire is designed to provide pertinent information regarding potential environmental and historical impacts associated with the subject property. Mr. Daoudian reported that he has been familiar with the subject property since 2008 and that the subject property is currently vacant land. Mr. Daoudian indicated that the subject property was historically utilized for cotton storage.
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According to Mr. Daoudian, to the best of his knowledge, no on-site treatment or discharge of waste; no onsite leach fields, or sumps; no use, storage or disposal of hazardous substances and/or petroleum products; no hazardous material spills; no buried materials; or any additional items of environmental concern were associated with the subject property. Mr. Daoudian indicated knowledge of previous storage tanks located on the subject property, no additional information as to size, location, number, or substances stored was given.
Additionally, Mr. Daoudian that he was unsure of the possible presence of any wells or disposal ponds located on the subject property. Please refer to Appendix C for a copy of the Phase I ESA Owner Questionnaire.
7.2 Historical Aerial Photograph Review
Historical aerial photographs of the subject property and vicinity dated 1937, 1946, 1950, 1957, 1962, 1967, 1973, 1979, 1984, 1987, 1998, 2006, 2009, 2012, and 2016 were reviewed to evaluate changes in land-use for the subject property. The historical aerial photographs were supplied by EDR. Refer to Appendix D for a copy of the EDR-provided aerial photographs. A summary of the aerial photography is provided below:
1937 Aerial Photograph
The subject property is primarily utilized for agricultural purposes for the cultivation of row crops.
A northeast-southwest trending irrigation canal (Cole Ditch) transects the northwestern portion of the subject property. What appears to be a grouping of trees is apparent located centrally in the eastern half of the subject property. No obvious structures are apparent on the subject property.
Vacant land, agricultural land utilized for the cultivation of row crops, and rural residential structures are apparent adjoining the subject property to the north. A paved road (North Hughes Avenue) is observed along the eastern property boundary, beyond which is agricultural land and vacant land. A paved road (West Nielsen Avenue) is observed along the south property boundary, beyond which is rural residential, agricultural land utilized for the cultivation of row crops, and a canal. A paved road (North Marks Avenue) is observed along the west property boundary, beyond which is rural residential and agricultural land utilized for the cultivation of row crops. 1946 Aerial Photograph
The western half of the subject property is primarily vacant land with a group of structures apparent near the southwest corner. The eastern half of the subject property is primarily utilized for agricultural purposes for the cultivation of row crops. The northeast portion of the subject property appears to be vacant land utilized for grazing. A northeast-southwest trending irrigation canal (Cole Ditch) transects the northwestern portion of the subject property. What appears to be a grouping of trees is apparent located centrally in the eastern half of the subject property. Vacant land, agricultural land, and a group of long structures are apparent adjoining the subject property to the north. North Hughes Avenue adjoins the subject property to the east, beyond which is agricultural land and vacant land. West Nielsen Avenue adjoins the subject property to the south, beyond which is rural residential, agricultural land utilized for the cultivation of row crops, and a canal. North Marks Avenue adjoins the subject property to the west, beyond which is rural residential development, a canal (Houghton Canal) and agricultural land. 1950 Aerial Photograph
The southwest portion of the subject property is developed with a group of structures. The eastern half of the subject property is primarily utilized for agricultural purposes for the cultivation of row crops. What appears to be a grouping of trees is apparent located centrally in the eastern half of the subject property. The northeast-southwest trending irrigation canal, Cole Ditch, is no longer apparent on the northwestern portion of the subject property. Vacant land, agricultural land and rural residential development are apparent adjoining the subject property to the north. North Hughes Avenue adjoins the subject property to the east, beyond which is agricultural land. West SALEM
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Nielsen Avenue adjoins the subject property to the south, beyond which is rural residential development, agricultural land, and the Houghton Canal. The Houghton Canal is apparent along the west subject property boundary, beyond which is North Marks Avenue, followed by rural residential development and agricultural land.
1957 Aerial Photograph
The majority of the subject property is agricultural land utilized for the cultivation of row crops.
The southwest portion of the subject property is developed with a group of structures. Two additional structures are apparent centrally located in the northern portion of the subject property.
A ponding basin is apparent centrally located in the southern portion of the subject property.
Agricultural land and a large industrial structure are apparent adjoining the subject property to the north. North Hughes Avenue adjoins the subject property to the east, beyond which is agricultural land. West Nielsen Avenue adjoins the subject property to the south, beyond which is rural residential development, agricultural land, and the Houghton Canal. The Houghton Canal is apparent along the west subject property boundary, beyond which is North Marks Avenue, followed by rural residential development and agricultural land. 1962 Aerial Photograph
The west half of the subject property appears to be developed with light industrial buildings. Three large square structures, one long rectangular structure, and a grouping of smaller buildings is apparent.
Two additional structures are apparent centrally located in the northern portion of the subject property.
Two ponding basins are apparent centrally located in the southern portion of the subject property.
The eastern half of the subject property appears to be agricultural land utilized for the cultivation of row crops. The north adjoining property appears to be developed for light industrial use with six structures roughly matching the large square structures on the subject property and a larger rectangular structure located centrally. North Hughes Avenue adjoins the subject property to the east, beyond which is agricultural land. West Nielsen Avenue adjoins the subject property to the south, beyond which is rural residential development, agricultural land, and the Houghton Canal. The Houghton Canal is apparent along the west subject property boundary, beyond which is North Marks Avenue, followed by rural residential development and agricultural land. 1967 Aerial Photograph
The conditions on the subject property and adjoining properties are similar to the 1962 aerial photograph, with the exception of the northeast adjoining property which appears to be developed with a paved square access road. Increased development is apparent in the subject property vicinity. 1973 Aerial Photograph
The subject property appears to be developed as light industrial. Eleven large square-shaped structures, one long rectangular-shaped structure, and a grouping of smaller buildings in the southwest portion of the subject property are apparent. Two additional smaller structures are apparent centrally located in the northern portion of the subject property. Two ponding basins are apparent centrally located in the southern portion of the subject property. The north adjoining property appears to be developed as light industrial with six structures roughly matching the large square structures on the subject property and a larger rectangular structure located centrally. North Hughes Avenue adjoins the subject property to the east, beyond which is agricultural land and what appears to be the Masis Ararat Armenian Cemetery observed during SALEM’s site reconnaissance. West Nielsen Avenue adjoins the subject property to the south, beyond which is rural residential development, agricultural land, and the Houghton Canal. The Houghton Canal is apparent along the west subject property boundary, beyond which is North Marks Avenue, followed by rural residential development and vacant land.
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1979 Aerial Photograph
The conditions on the subject property and adjoining properties are similar to the 1973 aerial photograph, with the exception of two additional large rectangular structures added to the northeast portion of the subject property.
1984 Aerial Photograph
The conditions on the subject property and adjoining properties are similar to the 1979 aerial photograph.
1987 Aerial Photograph
The conditions on the subject property and adjoining properties are similar to the 1984 aerial photograph. Increased development is apparent in the subject property vicinity. 1998 Aerial Photograph
The conditions on the subject property and adjoining properties are similar to the 1987 aerial photograph, with the exception of the adjoining property to the west, which appears to be vacant land. Increased development is apparent in the subject property vicinity. 2006 Aerial Photograph
The conditions of the subject property and all adjoining properties are similar to the 1998 aerial photograph, with the exception of the east and west adjoining properties. The east adjoining properties located east of North Hughes Avenue, appear to be developed as light industrial. The Houghton Canal, formerly observed located along the west subject property boundary, appears to have been realigned to be located on the strip of vacant land previously identified west of North Marks Avenue, which appears to have been widened with a center median. 2009 Aerial Photograph
The conditions of the subject property and all adjoining properties are similar to the 2006 aerial photograph. Increased development is apparent to the south of the subject property. 2012 Aerial Photograph
The subject property appears to be developed as light industrial with nine large square-shaped structures and three long rectangular-shaped structures. Additionally, a grouping of smaller buildings is apparent in the southwest portion of the subject property as are two additional smaller structures centrally located in the northern portion of the subject property. Two dry ponding basins are apparent centrally located in the southern portion of the subject property. Two square-shaped structures indicative of former building foundations are apparent on the northwest portion of the subject property. The north adjoining property appears to be developed as light industrial with six apparent former building pads, one large square-shaped structure, one small square-shaped structure, and one large piece of equipment similar in appearance to the large cotton press observed during SALEM’s site reconnaissance. North Hughes Avenue adjoins the subject property to the east, beyond which is the Masis Ararat Armenian Cemetery and light industrial development. West Nielsen Avenue adjoins the subject property to the south, beyond which is rural residential development, vacant land, and the Houghton Canal. North Marks Avenue adjoins the subject property to the west, beyond which is the Houghton Canal and light industrial development. 2016 Aerial Photograph
The subject property appears to be vacant land. The majority of the subject property appears paved and approximately 18 former building pads are identifiable. The central portion of the subject property, and a square section near the southwest corner of the subject property, appear to be unpaved.
The north adjoining property appears to be developed with the remnant frame of one of the former SALEM
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square-shaped structures and the pads of two additional former structures. A large soil stockpile and what appears to be the historic cotton compress are apparent centrally located on the north adjoining property. The north-northeast adjoining property appears to be developed as the Brenntag facility observed during SALEM’s site reconnaissance. North Hughes Avenue adjoins the subject property to the east, beyond which is the Masis Ararat Armenian Cemetery and light industrial development.
West Nielsen Avenue adjoins the subject property to the south, beyond which is rural residential development, vacant land, and the Houghton Canal. North Marks Avenue adjoins the subject property to the west, beyond which is the Houghton Canal and light industrial development.
7.3 Building Department Records Review
On November 25, 2020, a records request was made to the City of Fresno Building Department (FBD) for the subject property APNs 458-020-71 and 458-020-72 and historic address of 2470 West Nielsen Avenue.
According to a representative of the FBD, the commercial demolition of the historic industrial facility was permitted on August 31, 2017. Additional records provided by FBD included multiple violations regarding illegal dumping on the subject property spanning from 1999 through 2017. A previous environmental report (see Section 7.8 herein) stated, “Starting in 1958 building and addition permits were identified, as well as electrical and plumbing permits. Buildings added to the Site ranged from a warehouse to a guard house. A permit for a 1,500 gallon septic pit was identified dated May 5, 1979. A UST removal and grading permit was issued on May 5, 1995. Roof and repair permit was issued on March 27, 2003.” However, the City of Fresno withheld those documents from SALEM’s review as they were protected by third party right to privacy privilege. Please refer to Appendix E for copies of select records that the FBD was able to provide for review.
7.4 City Directories
On November 16, 2020, SALEM contracted with EDR to provide a City Directory Abstract Report dated 1922 through 2014 for the subject property. The subject property was listed on the EDR provided City Directory Abstract Report as Hohenberg Bros./California Compress from 1994 through 2004. The subject property address was not listed in any other years. Please refer to Appendix F for a copy of the EDRprovided City Directory Abstract Report.
7.5 Sanborn Fire Insurance Maps
SALEM reviews SFIMs to evaluate prior land use at the subject property and adjacent properties. SFIMs typically exist for cities with populations of 2,000 or more, the coverage dependent on the location of the property. On November 16, 2020, SALEM contracted with EDR to provide a Fire Insurance Map Abstract indicating the availability of historic SFIMs for the subject property and adjacent properties as far back as 1867. EDR’s search of collections at the Library of Congress, University Publications of America, and various public and local sources revealed no coverage for the subject property and adjoining properties.
Refer to Appendix G for a copy of the SFIM No Coverage Certification.
7.6 Agricultural Chemicals
Review of historical aerial photographs dating to 1937 reveals that the subject property was utilized for agricultural purposes for the cultivation of row crops from at least 1937. Portions of the subject property continued to be utilized to grow crops through at least 1967. Based upon the length of time since the subject property was last used for agricultural purposes, as well as the grading activities conducted on the subject property in preparation for different stages of development through the 1960s, which likely disturbed and mixed shallow on-site soils, it is not anticipated that elevated concentrations of environmentally persistent pesticides would be found in the near-surface soils of the subject property. Generally, SALEM’s sampling and analysis of surface soils from properties with similar histories has typically yielded non-detectable concentrations of environmentally persistent pesticides. The potential for elevated concentrations of environmentally persistent pesticides to exist in the near-surface soils of the subject property, which would require regulatory action, is low. Therefore, the historical agricultural use of the subject property does not present an REC to the subject property.
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7.7 Phase I Environmental Site Assessment Interview - Previous Owner SALEM attempted to interview the previous owner of the subject property to provide pertinent information regarding potential environmental and historical impacts associated with the subject property. However, a Phase I ESA interview with the previous owner of the subject property was not reasonable ascertainable.
7.8 Previous Environmental Reports
According to The Twining Laboratories, Inc. (Twining’s) report titled, Phase I Environmental Site Assessment, 66 acre Property Located in the Northwestern Corner of Nielsen and Hughes Avenues, APN 458-020-09, Fresno, California, dated November 18, 2005, the subject site (the subject property of this investigation and the north adjoining property) was an industrial developed lot at the time of Twining’s October 28, 2005 site reconnaissance. Twining reportedly observed 26 structures consisting of a 16,200 square-foot office building; a 4,000 square-foot office building; a 1,200 square-foot building identified as a “Receiving Office”; two approximately 43,200 square-foot warehouses; 13 approximately 45,000 squarefoot warehouses; one approximately 72,000 square-foot building historically used as a press house, but converted to a warehouse; two 66,500 square-foot warehouses; a 12,000 square-foot warehouse; and a 4,800 square-foot machine shop. A soil mound was observed in the southern portion of the subject site and was reported to have been excavation dirt and asphalt produced when the floor of a warehouse was switched from asphalt to concrete to accommodate heavy machinery. Additionally, Twinning reported the presence of nine pole-mounted transformers; four septic tanks; three water wells; two propane ASTs; and two diesel ASTs. The diesel ASTs were reported to be 100 gallons and 150 gallons in size and connected to pumps on a fire suppression system which additionally included two water basins located on the southern portion of the subject site. Twining identified the soil mound as a potential REC and recommended it be sampled for constituents of concern. Twining identified the water wells as potential RECs and recommended they be abandoned in accordance with all state and local regulations. Twining identified the septic tanks as potential RECs and recommended they be abandoned in accordance with all state and local regulations. Twinning identified the pole-mounted transformers as a potential REC but did not provide a recommendation to address them. Twining identified potential asbestos containing building materials as a potential REC and recommended an asbestos survey of the structures prior to any repair, renovation, or demolition. Twining identified the fire prevention basins as a potential REC and recommended soil sampling within the basins for possible constituents of concern. Twining observed two 35-gallon drums and “other small containers” within the machine shop which exhibited surface staining, these were identified as a potential REC and were recommended to be removed for recycling. Additionally, Twining identified two historic 4,000-gallon diesel USTs; and 1,000-gallon motor oil UST; and one 10,000-gallon heating oil UST removed in April 1995 as a HREC which was granted “case closure” by the FCEHD on July 3, 1996. Please refer to Appendix H for a copy of the Twining Phase I ESA report.
8.0 REGULATORY AGENCY RECORDS REVIEW
SALEM conducted a review of regulatory agency records for the purpose of determining if hazardous materials/hazardous wastes have been stored or handled on the subject property and area properties of environmental concern. The most current records available were reviewed.
California Environmental Protection Agency, Department of Toxic Substances Control SALEM’s November 5, 2020 review of the California Environmental Protection Agency, Department of Toxic Substances Control (DTSC) Envirostor California cleanup sites database available via the DTSC Internet Website which tracks federal superfund sites, state response sites, voluntary cleanup sites, and school cleanup sites, indicated that no records of cleanup sites are on file with the DTSC for the subject property or adjacent properties. However, the following information was available regarding the subject property:
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The subject property address of 2740 West Nielsen Avenue was listed on the DTSC website. California Compress was listed as having had an EPA generator identification number. The EPA generator identification number (ID# CAL000122762), was activate from 1994 through 2008 and is currently inactive. Approximately
24.818 tons of non-RCRA waste was reportedly generated under this EPA number categorized as “off-spec, aged, or surplus inorganics,” “asbestos-containing waste,” “other inorganic solids,” “waste oil and mixed oil,” and “unspecified oil-containing waste.” No Notices of Violation (NOV) regarding hazardous material storage or handling practices were reported in the DTSC records for this EPA number.
California Regional Water Quality Control Board
SALEM’s November 5, 2020 review of the RWQCB GeoTracker leaking underground fuel tank (LUFT) database available via the RWQCB Internet Website indicated the following records of LUFTs on file with the RWQCB for the subject property:
According to RWQCB records, the California Compress Facility at 2740 West Nielsen Avenue, was listed on the LUST database as having had an unauthorized release of gasoline impacting “soil only” beneath the former location of USTs. The FCEHD issued a “case closed” designation on July 3, 1996 stating that “approximately
2.7 cubic yards of soil impacted by gasoline constituents exists at the subject location…” The California Compress LUST site presents a HREC to the subject property. Please refer to Appendix I for copies of pertinent RWQCB records.
California Division of Oil, Gas, and Geothermal Resources SALEM reviewed the California Division of Oil, Gas, and Geothermal Resources (DOGGR) website (http://maps.conservation.ca.gov/doms/index.html) to evaluate the potential for existing/former oil, gas, or geothermal wells on the subject property or adjoining properties. The subject property is located within DOGGR Inland District. The subject property vicinity is not located within an oil, gas, or geothermal field.
The review of DOGGR information does not indicate that an oil, gas, or geothermal well has been drilled on the subject or adjacent properties.
Fresno County Environmental Health Division
On November 30, 2020, the FCDEH was contacted regarding records of USTs, historical hazardous/flammable permits, hazardous materials handling, and unauthorized releases of hazardous substances and petroleum products for the subject property address of 2740 West Nielsen Avenue and APNs 458-020-71 and 458-020-72. Records on file with the FCDEH include several hazardous materials inventories, business plans, and inspections as well as permits for UST which included a 10,000-gallon fuel oil UST historically located on what is now the north adjoining property; a 4,000-gallon double wall steel diesel UST; a 4,000-gallon single wall steel diesel UST; and a 1,000-gallon single wall steel regular unleaded gasoline UST historically located in the southwest portion of the subject property. Records indicate all UST were properly permitted and removed under the regulatory agency oversight of FCEHD. A record of a “Hazardous Material Release” was recorded on June 5, 1995 indicating soil contamination from petroleum products discovered during removal of a UST. A Work Plan for further site assessment in regard to the petroleum hydrocarbon contaminated soil dated July 18, 1995 was additionally available in FCDEH records.
Additional documentation regarding if that Work Plan was approved, if the work entailed therein was conducted, or analytical data of the assessment was not identified in the FCDEH public records. However, records retained by the RWQCB indicate that FCEHD issued a “case closed” designation for the California Compress LUST site on July 3, 1996. The California Compress LUST site presents a HREC to the subject property. Please refer to Appendix J for copies of pertinent FCEHD records.
City of Fresno Fire Department
On October 30, 2020, the City of Fresno Fire Department, (FFD) was contacted regarding records of historical hazardous/flammable permits, hazardous materials handling, hazardous/flammable incidents, and/or USTs for the subject property address of 2740 West Nielsen Avenue and APNs 458-020-71 and 458- SALEM
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020-72. According to a representative of the FFD, records of historical hazardous/flammable permits, hazardous materials handling, registered USTs or unauthorized releases of hazardous substances or petroleum products are under the jurisdiction of FCDEH.
Local Area Tribal Records
According to the EDR Radius Map Report, no tribal records are listed for the subject property or the adjoining properties.
8.1 Standard Environmental Record Sources
EDR performed a search of federal, state, and local regulatory agency databases for the subject property and surrounding area. The various search distances as required by ASTM E1527-13 extended up to one mile from the subject property. Several agencies have published documents that list businesses or properties which have handled hazardous materials or hazardous waste, or may have had a documented release of hazardous substances or petroleum products. The databases consulted in the course of this assessment were compiled by EDR on November 16, 2020 and represent reasonably ascertainable current listings. SALEM did not verify the locations and distances of every site listed by EDR. SALEM verified locations and distances of the sites SALEM deemed as having a potential to environmentally impact the subject property.
The actual location of the off-site properties identified may differ from the EDR listing. Table III summarizes the listed properties located within the specified ASTM Search Radii. The EDR Radius Map report is included in Appendix K.
TABLE III
EDR Radius Map Summary
DATABASE TYPE OF RECORDS
SUBJECT
PROPERTY
<⅛
MILE
⅛ - ¼
MILE
¼ - ½
MILE
½ - 1
MILE
STANDARD ENVIRONMENTAL RECORDS
Federal NPL Site List
NPL National Priorities List 0 0 0 0 0
Proposed NPL Proposed National Priorities List 0 0 0 0 0 NPL LIENS Federal Superfund Liens 0 0 --- --- ---
Federal Delisted NPL Site List
Delisted NPL National Priority List Deletions 0 0 0 0 0 Federal CERCLIS List
SEMS Superfund Enterprise Management System 0 0 0 0 --- Federal Facility Federal Facility 0 0 0 0 ---
Federal CERCLIS NFRAP Site List
SEMS-ARCHIVE Superfund Enterprise Management System Archive 0 0 0 0 --- Federal RCRA CORRACTS Facilities List
CORRACTS Corrective Action Report 0 0 0 0 0
Federal RCRA non-CORRACTS TSD Facilities List
RCRA-TSDF Transporters, Storage, and Disposal 0 0 0 0 --- Federal RCRA Generators List
RCRA – LQG RCRA – Large Quantity Generators 0 1 0 --- --- RCRA – SQG RCRA – Small Quantity Generators 0 1 1 --- --- RCRA – VSQG Conditionally Exempt SQG 0 0 0 --- ---
Federal Institutional Controls/Engineering Controls Registries US ENG CONTROLS Engineering Controls Sites List 0 0 0 0 --- US INST CONTROL Sites with Institutional Controls 0 0 0 0 --- LUCIS Land Use Institutional Control Sites 0 0 0 0 ---
Federal ERNS List
ERNS Emergency Response Notification System 0 0 --- --- --- State and Tribal Equivalent NPL
RESPONSE State Response Sites 0 0 0 0 0
State and Tribal Equivalent CERCLIS
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TABLE III (cont’d)
EDR Radius Map Summary
DATABASE TYPE OF RECORDS
SUBJECT
PROPERTY
<⅛
MILE
⅛ - ¼
MILE
¼ - ½
MILE
½ - 1
MILE
ENVIROSTOR Envirostor Database 0 0 0 0 0
State and Tribal Landfill and/or Solid Waste Disposal Site List SWF/LF Solid Waste Information System 0 1 1 2 ---
State and Tribal Leaking Storage Tank Lists
LUST Leaking Underground Storage Tanks X 2 0 3 ---
CPS-SLIC Statewide SLIC Cases 0 1 0 0 ---
INDIAN LUST LUST on Indian Land 0 0 0 0 ---
State and Tribal Registered Storage Tank Lists
UST Active UST Facilities 0 0 0 --- ---
AST Aboveground Storage Tank Facilities 0 0 0 --- ---
INDIAN UST USTS on Indian Land 0 0 0 --- ---
FEMA UST USTs 0 0 0 --- ---
State and Tribal Voluntary Cleanup Sites
INDIAN VCP Voluntary Cleanup on Indian Land 0 0 0 0 --- VCP Voluntary Cleanup Program Properties 0 0 0 0 ---
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield Lists
BROWNFIELDS Brownfield Sites 0 0 0 0 ---
Local Lists of Landfill/Solid Waste Disposal Sites
ODI Open Dump Inventory 0 0 0 0 ---
DEBRIS REGION 9 Illegal Dump Site Locations 0 0 0 0 --- SWRCY Recycler Database 0 0 0 0 ---
HAULERS Registered Waste Tire Haulers Lists 0 0 --- --- --- INDIAN ODI Report on Open Dumps on Indian Land 0 0 0 0 --- WMUDS/SWAT Waste Management Unit Database 0 1 0 0 ---
IHS OPEN DUMPS Open Dump 0 0 0 0 ---
Local Lists of Hazardous Waste/Contaminated Sites
US CDL Clandestine Drug Labs 0 0 --- --- ---
HIST Cal-Sites Cal sites Database 0 0 0 0 0
SCH School Property Evaluation Program 0 0 0 --- ---
Toxic Pits Toxic Pits Cleanup Act Sites 0 0 0 0 0
CERS HAZ WASTE CalEPA Regulated Site Portal 0 3 2 --- --- PFAS Polyfluoroalkyl Substances Sites 0 0 0 0 ---
CDL Clandestine Drug Labs 0 0 --- --- ---
US HIST CDL Historic Clandestine Drug Labs 0 0 --- --- --- Local Lists of Registered Storage Tanks
CA FID UST Facility Inventory Database X 7 2 --- ---
HIST UST Historical UST X 8 2 --- ---
CERS TANKS California Environmental Reporting System Tanks 0 2 0 --- --- SWEEPS UST SWEEPS UST Lists X 7 2 --- ---
Local Land Records
LIENS 2 CERCLA Lien Information 0 0 --- --- ---
LIENS Environmental Liens Listing 0 0 --- --- ---
DEED Deed Restriction Listing 0 0 0 0 ---
Records of Emergency Release Reports
HMIRS Hazardous Materials Information System 0 0 --- --- --- CHMIRS CA Hazardous Material Information System X 0 --- --- --- LDS Land Disposal Sites Listing 0 0 --- --- ---
MCS Military Cleanup Sites Listing 0 0 --- --- ---
SPILLS 90 List of Industrial Site Cleanups 0 0 --- --- --- Other Ascertainable Records
RCRA Non-Gen/NLR Non-Generators 0 5 2 --- ---
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TABLE III (cont’d)
EDR Radius Map Summary
DATABASE TYPE OF RECORDS
SUBJECT
PROPERTY
<⅛
MILE
⅛ - ¼
MILE
¼ - ½
MILE
½ - 1
MILE
DOT OPS Incident and Accident Data 0 0 --- --- ---
DOD Department of Defense Sites 0 0 0 0 0
FUDS Formerly Used Defense Sites 0 0 0 0 0
CONSENT Superfund Consent Decrees 0 0 0 0 0
ROD Records of Decision 0 0 0 0 0
UMTRA Uranium Mill Tailings Sites 0 0 0 0 ---
US MINES Mines Master Index File 0 0 1 --- ---
TRIS Toxic Chemical Release Inventory System 0 0 --- --- --- TSCA Toxic Substances Control Act 0 0 --- --- ---
FTTS FIFRA/TSCA Tracking System 0 0 --- --- ---
HIST FTTS FIFRA/TSCA Tracking System 0 0 --- --- ---
SSTS Section 7 Tracking Systems 0 0 --- --- ---
ICIS Integrated Compliance Information System 0 0 --- --- --- PADS PCB Activity Database System 0 0 --- --- ---
MLTS Material Licensing Tracking System 0 0 --- --- --- RADINFO Radiation Information Database 0 0 --- --- ---
FINDS Facility Index System X 0 --- --- ---
RAATS RCRA Administrative Action Tracking 0 0 --- --- --- RMP Risk Management Plans 0 0 --- --- ---
CA BOND EXP. PLAN Bond Expenditure Plan 0 0 0 0 0
UIC UIC Listing 0 0 --- --- ---
NPDES National Pollutants Discharge Elimination X 0 --- --- --- Cortese Cortese Hazardous Waste & Substance Sites X 2 0 2 --- HIST CORTESE Historical Cortese sites. X 1 0 2 ---
CUPA Listings CUPA Listing X 11 7 --- ---
Notify 65 Proposition 65 Records 0 0 0 0 0
DRYCLEANERS Cleaner Facilities 0 0 0 --- ---
WIP Well Investigation Program Case List 0 0 0 --- ---
ENF Enforcement Action Listing 0 0 --- --- ---
HAZNET Facility and Manifest Data X 1 --- --- ---
EMI Emissions Inventory Data 0 0 --- --- ---
INDIAN RESERV Indian Reservations 0 0 0 0 0
SCRD DRYCLEANER State Coalition for Remediation of Cleaners 0 0 0 0 --- WDS Waste Discharge System 0 0 --- --- ---
FINANCIAL ASSURANCE Financial Assurance 0 0 --- --- --- PROC Certified Processors Database 0 0 0 0 ---
HWP Envirostor Permitted Facilities Listing 0 0 0 0 0
MWMP Medical Waste Management Program 0 0 0 --- ---
LEAD SMELTERS Lead smelters 0 0 --- --- ---
US AIRS Coal Combustion Residues Surface List 0 0 --- --- --- COAL ASH EPA Coal Combustion Residues Surface List 0 0 0 0 --- EPA WATCH LIST EPA watch List 0 0 --- --- ---
US FIN ASSUR Financial Assurance 0 0 --- --- ---
PCB TRANSFORMER PCB Transformer 0 0 --- --- ---
2020 COR ACTION 2020 corrective action 0 0 0 --- ---
PRP Potential Responsible Party 0 0 --- --- ---
COAL ASH DOE Steam-Electric Plan Operation Data 0 0 --- --- --- PEST LIC Pesticide Regulation Licenses Listing 0 0 --- --- --- PROC Certified Processors Database 0 0 0 0 ---
WASTEWATER PITS Oil Wastewater Pits Listing 0 0 0 0 --- ECHO Enforcement & Compliance History Information 0 0 --- --- --- FUELS PROGRAM EPA Fuels Program Registered Listings 0 0 0 --- --- SALEM
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TABLE III (cont’d)
EDR Radius Map Summary
DATABASE TYPE OF RECORDS
SUBJECT
PROPERTY
<⅛
MILE
⅛ - ¼
MILE
¼ - ½
MILE
½ - 1
MILE
ABANDONED MINES Abandoned Mines 0 0 --- --- ---
ICE Permitted Facilities with Inspections/Enforcements 0 0 --- --- --- FUSRAP Formerly Utilized Sites Remedial Action Program 0 0 0 0 0 DOCKET HWC Hazardous Waste Compliance Docket Listing 0 0 --- --- --- UXO Unexploded Ordnance Listing 0 0 0 0 0
MINES Mine Site Location Listing 0 0 0 --- ---
UIC GEO UIC GEO 0 0 --- --- ---
CIWQS CA Integrated Water Quality System X 0 --- --- --- CERS CERS X 0 --- --- ---
NON-CASE INFO Non-Case Info 0 0 --- --- ---
OTHER OIL GAS Oil & Gas Site 0 0 --- --- ---
PROD WATER PONDS Prod Water Ponds 0 0 --- --- ---
SAMPLING POINT Sampling Point 0 0 --- --- ---
WELL STIM PROJECT Well Stimulation Project 0 0 --- --- --- HWTS Hazardous Waste Tracking System X --- --- --- ---
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP Manufactured Gas Plants 0 0 0 0 0
EDR Hist Auto EDR Historical Auto Stations 0 0 --- --- --- EDR Hist Cleaners EDR Historical Cleaners 0 1 --- --- ---
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive recovered Government Archives
RGA LUST Recovered Government Archive Solid Waste Facilities List 0 --- --- --- --- RGA LF Recovered Government Archive Leaking Underground Storage Tank 0 --- --- --- ---
0 = No sites in radius identified
--- = Not Searched
The former California Compress (George Daoudian) facility at the subject property address of 2740 West Avenue was identified in the EDR-provided government database report on the RGA LUST, FINDS, SWEEPS UST, CA FID UST, CUPA Listings, HIST UST, Cortese, HIST CORTESE, CERS HAZNET, HWQS, NPDES, CIWQS, HAZNET, HWTS, CHMIRS, and LUST databases. The subject property was identified as having had four USTs including a 10,000-gallon fuel oil UST historically located on what is now the north adjoining property; a 4,000-gallon double- walled steel diesel UST; a 4,000-gallon singlewalled steel diesel UST; and a 1,000-gallon single-walled steel regular unleaded gasoline UST historically located in the southwest portion of the subject property. The USTs were removed under the regulatory oversight of FCDEH in June 1995. During tank removal activities petroleum hydrocarbon-impacted soil was discovered around those USTs removed from the southwest portion of the subject property. The California Compress LUST site was remediated under the regulatory agency supervision of the FCEHD.
The FCEHD issued a “case closed” designation on July 3, 1996. The California Compress LUST site presents a HREC to the subject property.
The following sites with reported releases of hazardous substances or petroleum products to the subsurface were reported within a one-eighth-mile radius of the subject property:
• The Fresno Irrigation District facility is listed at “Marks [N. Marks Avenue] & Nielson [W. Nielsen Avenue]” identified by EDR as being located approximately 133 feet west-southwest and up-gradient of the subject property is listed on the CPS-SLIC and CERS database listing. SALEM’s research determined that this listing refers to the Cleanup Program Site at 3205 West Nielsen Avenue. Cleanup SALEM
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and remediation of the Cleanup Program Site was filed under the subject property address of 3075 West Nielson Avenue located approximately 366 feet west-southwest of the subject property and additionally historically associated with Fresno Irrigation District. These properties were historically connected.
Additional listings filed under the 3205 West Neilson Avenue address include LUST, SWEEPS UST, CA FID UST, Cortese, CUPA Listings, HIST CORTESE, CERS, WMUDS/SWAT, SWF/LF, HWTS and HAZNET listings. The LUST listing refers to property identified as having had an unauthorized release of other solvent or non-petroleum hydrocarbon in August 1995 during replacement of the first generation USTs. In February 1997 additional assessment began to further identify impacted soil at the subject property. In December 1998 the FCEHD issued a “case closed” designation for the site. The SWEEPS UST listing refers to a 1,000-gallon waste oil tank. The HIST UST listing refers to six reported fuel tanks at the subject property. The CUPA Listings refers to the removal/closure of two USTs. The SLIC database listing refers to the cleanup and remediation of the Cleanup Program Site for the presence of metals/heavy metals and petroleum/fuels/soils related to construction debris. Soils were remediated via a combination of spreading and removal/disposal. On September 13, 2013 the RWQCB deemed sampling and spreading activities completed and issued a case Closure Letter for the Cleanup Program Site. Based upon various influencing factors including; the distance of the Fresno Irrigation properties from the subject property; media impacted (“soil only”); identification of a RP for assessment and remediation costs; and the current regulatory agency status (“case closed”); the Fresno Irrigation Cleanup Program and LUST sites are deemed to have a low potential to environmentally impact the subject property and therefore, do not present an REC to the subject property. • Reimer Transport (Weldon Trucking, Inc.) at 2002 West Nielson Avenue, identified by EDR as being located approximately 529 feet east and cross-gradient of the subject property was identified in the EDR-provided Radius Map Report on the CERS, CERS TANKS, CERS HAZ WASTE, CA FID UST, RCRA NonGen/NLR, CIWQS, WDS, CUPA Listings, Cortese, SWEEPS UST, and LUST databases as having had an unauthorized release of diesel fuel discovered during dispenser upgrades on December 23, 2003. The Reimer Transport LUST site was remediated under the regulatory oversight of FCEHD and was granted “completed-case closed” status on April 19, 2004.
Based upon various influencing factors including; the distance of the Reimer Transport LUST site from the subject property; media impacted (“soil only”); identification of a RP for assessment and remediation costs; and the current regulatory agency status (“case closed”); the F Reimer Transport LUST site is deemed to have a low potential to environmentally impact the subject property and therefore, does not present an REC to the subject property.
In general, only hazardous substances or petroleum products released from facilities located approximately up-gradient and within a few hundred feet of the subject property, or in a cross-gradient direction close to the subject property, are judged to have a reasonable potential of migrating to the subject property. This opinion is based on the assumption that materials generally do not migrate large distances laterally within the soil, but rather tend to migrate with groundwater in the general direction of groundwater flow.
Two orphan sites were identified in the EDR-provided government database report. Based upon SALEM’s visual observations made during our site reconnaissance, as well as various influencing factors including approximate distance from the subject property, the orphan sites are deemed to have a low potential to environmentally impact the subject property.
No engineering control sites, sites with institutional controls, or sites with deed restrictions were listed for the subject property, adjoining or vicinity properties in the EDR-provided government database report. No Indian reservations or LUSTs on Indian land were reported on the subject property, adjoining or vicinity properties in the EDR-provided government database report.
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The remaining properties identified by EDR within the specified search radius of the subject property, which appeared on local, state, or federally published lists of sites that have had releases of hazardous substances or petroleum products, were determined through SALEM’s field observations to be of sufficient distance and/or situated hydraulically cross/down-gradient of the subject property, such that impacts to the subject property are not likely.
9.0 POTENTIAL VAPOR ENCROACHMENT CONDITION
Vapor intrusion is a way by which chemicals in soil and groundwater can migrate into indoor air. Chemical vapors moving up through soil and into a building are a potential source of indoor air contamination and may pose a risk to human health. In evaluating the potential for a vapor encroachment condition (VEC) on the subject property, SALEM attempted to determine if there was information indicating that chemicals of concern were located within the “critical distance”, defined as the lineal distance between the nearest edge of a contaminated plume and the nearest target property boundary. Based on ASTM E 2600-15 Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions, the “critical distance” is equal to 100 feet, with the exception of dissolved petroleum hydrocarbons, which have a “critical distance” of 30 feet. If non-aqueous phase petroleum hydrocarbons are present, the 100-foot “critical distance” is utilized.
9.1 Vapor Encroachment Screening
SALEM has performed a Vapor Encroachment Screening (Tier 1) in general accordance with the scope and limitations of ASTM Standard Practice E2600-15 for the subject property. The purpose of this Vapor Encroachment Screening (Tier 1) is to identify the existing or potential Vapor Encroachment Conditions (VEC), as defined by ASTM E2600-15, affecting the subject property. As part of the screening, SALEM has completed the following questionnaire, as duplicated from Section X3 of ASTM E2600-15.
TABLE V
Vapor Encroachment Questionnaire
QUESTION RESPONSE COMMENTS
1. Property Type? Vacant
2. Are there buildings/structures on the subject property? No
3. Will buildings/structures be constructed on the subject property in the future? Yes
4. If buildings exist or are proposed, do/will they have elevators? Unknown
5. Type of level below grade (existing or proposed)? Unknown
6. Is there ventilation below grade? N/A
7. Sump pumps, floor drains, or trenches (existing or proposed)? Unknown
8. Radon or methane mitigation system installed? No
9. Heating system type (existing or proposed)? None
10. Type of fuel energy (existing or proposed)? None
11. Have there ever been any environmental problems at the subject property? Yes See below
12. Does/will a gas station operate anywhere on the subject property? No
13. Do any tenants use hazardous chemicals in relatively large quantities on the subject property? No
14. Have any tenants ever complained about odors in the building or experience health-related problems that may have been associated with the building? Unknown
15. Are the operations (or proposed operations to be performed) on the subject property OSHA regulated? Unknown
16. Are there any existing or proposed under-ground storage tanks (USTs) or above-ground storage tanks (ASTs) located on the subject property? No
17. Are there any sensitive receptors (children, elderly, people in poor health, etc.) that occupy or will occupy the subject property? No SALEM
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TABLE VI
Additional VEC Criteria
QUESTION RESPONSE COMMENTS
1. Is the subject property known to have current or past contamination? Yes
2. Is contamination of the subject property suspected? Yes See below
3. Is an adjacent property known to have current or past contamination which may have impacted the subject property? No
4. Is a nearby property known to have current or past contamination which may have impacted the subject property? No
5. Is regional groundwater contamination known to exist beneath the subject property? No
6. Are you aware of other conditions which may result in vapor intrusion at the subject property? No
The southwestern portion of the subject property was historically occupied by structures from at least 1946 until 2017. Structures included a “shop” building with three associated USTs and at least three know septic tanks (two observed during SALEM’s November 19, 2020 site reconnaissance). The USTs were removed under FCEHD permit in June 1995, the disposition of suspected septic tanks and other sub-grade structures of environmental concern is unknown at this time due to the absence of government agency records. During tank removal activities petroleum hydrocarbon-impacted soil was discovered around the USTs removed from the southwest portion of the subject property. The California Compress LUST site was remediated under the regulatory agency supervision of the FCEHD. The FCEHD issued a “case closed” designation on July 3, 1996 and reported that, at the time of closure, approximately 2.7 cubic yards of petroleum hydrocarbon-impacted soil remained beneath the former UST location. It is SALEM’s opinion that due to the potential of contaminates introduced to the subsurface through the septic tanks, as well as the reported hydrocarbon impacted soil remaining beneath the former UST location, a potential vapor intrusion condition “cannot be ruled out” at the subject property. Chemical vapors moving up through soil and into a building are a potential source of indoor air contamination and may pose a risk to human health. Vapor intrusion is a way by which chemicals in soil and groundwater can migrate into indoor air.
10.0 BUSINESS ENVIRONMENTAL RISKS
10.1 Asbestos-Containing Building Materials
Asbestos is the name given to a number of naturally occurring, fibrous silicate minerals mined for their useful properties such as thermal insulation, chemical and thermal stability, and high tensile strength.
Asbestos is commonly used as an acoustic insulator, thermal insulation, fire proofing and in other building materials. Friable asbestos-containing material (ACM), when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. Non-friable ACM can be crumbled, pulverized, or reduced to powder during machining, cutting, drilling, or other abrasive procedures. Friable ACM is more likely to release fibers when disturbed or damaged than non-friable ACM. Exposure to airborne friable asbestos may result in a potential health risk because persons breathing the air may breathe in asbestos fibers. Continued exposure can increase the amount of fibers that remain in the lung. Fibers embedded in lung tissue over time may cause serious lung diseases including: asbestosis, lung cancer, or mesothelioma. The Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1926.1101 requires certain construction materials to be presumed to contain asbestos, for purposes of this regulation. All thermal system insulation (TSI), surfacing material, and asphalt/vinyl flooring that are present in a building constructed prior to 1981 and have not been appropriately tested are “presumed asbestos-containing material” (PACM).
During SALEM’s site reconnaissance, no structures were observed on the subject property. Therefore, ACMs are not considered an on-site environmental concern at this time.
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10.2 Lead-Based Paint
Lead is a highly toxic metal that affects virtually every system of the body. While adults can suffer from excessive lead exposures, the groups most at risk are fetuses, infants and children under 6. The Consumer Product Safety Commission banned the use of lead in paint in 1978. Most manufactures, however, had ceased using lead well before this time. Paint applied after 1978 is not considered suspect LBP. Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as “Title X,” to protect families from exposure to lead from paint, dust, and soil. Section 1018 of this law directed the Housing and Urban Development (HUD) and the US EPA to require the disclosure of known information on lead-based paint (LBP) and LBP hazards before the sale or lease of most housing built before 1978. Sellers, landlords, and their agents are responsible for providing this information to the buyer or renter before sale or lease.
According to Section 1017 of Title X, “LBP hazard is any condition that causes exposure to lead from leadcontaminated dust; bare, lead-contaminated soil; or LBP that is deteriorated or intact LBP present on accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects.” Therefore, under Title X intact lead-based paint on most walls and ceilings is not considered a “hazard,” although the condition of the paint should be monitored and maintained to ensure that it does not become deteriorated. LBP is defined as any paint, varnish, stain, or other applied coating that has 1.0 mg/cm2 (or 5,000 µg/g by weight) or more of lead.
During SALEM’s site reconnaissance, no structures were observed on the subject property. Therefore, LBP is not considered an on-site environmental concern at this time.
10.3 Radon
Radon is a naturally occurring gaseous substance resulting from the radioactive decay of uranium to radium and then to radon. Uranium is a common element found in many geologic formations and substrates, particularly igneous and metamorphic rocks. Radon has a half-life of only 3.8 days and decays to its daughter elements (polonium 218, polonium 214, bismuth 214, and lead 214). It is these daughter elements that represent the health hazard commonly associated with radon. Radon gas can enter a building through cracks in the foundation and walls and become attached to dust particles and inhaled which could cause damage to human lung tissue. Radon is measured in picocuries per liter of air (pCi/L). The EPA has an established safe radon level of 4 pCi/L.
Based on the EPA Radon Zone Map of California, the subject property is located within EPA Zone 2, which has a predicted indoor radon screening between 2 pCi/L and 4 pCi/L. The EDR-provided radon data cites Fresno County has 100% of 1st floor spaces with <4 pCi/L. However, radon levels may vary from one area to another and the only way to accurately assess radon gas levels on the subject property is to conduct a radon gas survey, which is beyond the scope of this assessment.
10.4 Mold
Molds are microscopic organisms found virtually everywhere, indoors and outdoors. Mold will grow and multiply under the right conditions, needing only sufficient moisture (e.g.in the form of very high humidity, condensation, or water from a leaking pipe, etc.) and organic material (e.g., ceiling tile, drywall, paper, or natural fiber carpet padding). Mold growths often appear as discoloration, staining, or fuzzy growth on building materials or furnishings and are varied colors of white, gray, brown, black, yellow, and green. In large quantities, molds can cause allergic symptoms when inhaled or through the toxins the molds emit.
During SALEM’s site reconnaissance, no structures were observed on the subject property. Therefore, mold is not considered an on-site environmental concern at this time.
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11.0 DISCUSSION OF FINDINGS
Historical Uses
The approximately 44.95-acre rectangular-shaped subject property consists of two parcels (Fresno County APNs 458-020-71 and 458-020-72) 2740 West Nielsen Avenue, located on the north side of West Neilson Avenue between North Marks Avenue and North Hughes Avenue in Fresno, California.
SALEM’s review of historical aerial photographs indicates that the subject property was historically utilized for agricultural purposes for the cultivation of row crops from at least 1937. Portions of the subject property continued to be utilized to grow crops through at least 1967. Based upon the length of time since the subject property was last used for agricultural purposes, as well as the grading activities conducted on the subject property in preparation for different stages of development through the 1960s which likely disturbed and mixed shallow on-site soils, it is not anticipated that elevated concentrations of environmentally persistent pesticides would be found in the near-surface soils of the subject property. Generally, SALEM’s sampling and analysis of surface soils from properties with similar histories has typically yielded non-detectable concentrations of environmentally persistent pesticides. The potential for elevated concentrations of environmentally persistent pesticides to exist in the near-surface soils of the subject property, which would require regulatory action, is low. Therefore, the historical agricultural use of the subject property does not present an REC to the subject property.
Three structures were located near the southwest corner of the subject property from at least 1946 through 2017. Additional structures were built in the north-central portion of the subject property sometime prior to 1957. The subject property was developed as light industrial circa 1957. Four warehouse structures were built in the northwest portion of the subject property sometime prior to 1962 and eight additional warehouse structures were built on the east portion of the subject property sometime prior to 1973. Two additional warehouse structures were built in the northeast portion of the subject property sometime prior to 1979. By 2005 development of the subject property included 18 structures consisting of a 16,200 square-foot office building; a 4,000 square-foot office building; a 1,200 square-foot building identified as a “Receiving Office”; three approximately 56,250 square-foot warehouses; eight approximately 43,000 square-foot warehouses; two 66,500 square-foot warehouses; an approximately 70,000 square-foot warehouse; and a 4,800 square-foot machine shop. Two warehouse structures located in the northwest portion of the subject property were demolished sometime prior to 2012, the remaining subject buildings were demolished sometime prior to 2016.
At least three known septic systems were associated with the former structures on the subject property, two of which were identified during SALEM’s November 19, 2020 site reconnaissance as remaining at the subject property. The former septic systems may have acted as a conduit for contaminants to enter on-site soil from potential past unauthorized disposal of hazardous substances and/or petroleum products utilized for vehicle maintenance into drains, sinks and toilets. The suspected former septic systems present an REC to the subject property and additional investigation is recommended to determine if on-site soils have been impacted by past unauthorized releases of petroleum hydrocarbons into the septic system.
Historic operations at the subject property included the handling and storage of cotton which required an extensive fire suppression system. Two water basins were historically located in the southern portion of the subject property. SALEM personnel located upwards of 25 features across the subject property indicative of a fire suppression system including stand pipes, traffic bollards, and fire hydrants. The system reportedly included diesel-powered water pumps supplied from an AST historically located in the south-central portion of the subject property. The former diesel AST location was identifiable by concrete footings and a fire extinguisher. Additional concrete footings indicative of propane ASTs were observed in the north-central portion of the subject property. No staining or signs of leakage were observed in the vicinity of the former ASTs.
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The historic California Compress facility at the subject property operated four USTs consisting of a 10,000- gallon fuel oil UST historically located on what is now the north adjoining property; a 4,000-gallon doublewalled steel diesel UST; a 4,000-gallon single-walled steel diesel UST; and a 1,000-gallon single-walled steel regular unleaded gasoline UST historically located in the southwest portion of the subject property.
Records indicate all UST were properly permitted and removed under the regulatory agency oversight of FCEHD. A record of a “Hazardous Material Release” was recorded on June 5, 1995 indicating soil contamination from petroleum products discovered during removal of a UST. Records retained by the RWQCB indicate that FCEHD issued a “case closed” designation for the California Compress LUST site on July 3, 1996. The California Compress LUST site presents a HREC to the subject property.
Current Uses
At the time of SALEM’s November 19, 2020 site reconnaissance, the subject property was observed to be vacant land mostly covered in asphalt and concrete with areas of grass and remnants of former landscaping.
During SALEM’s site reconnaissance, two water wells were observed on the subject property. No information regarding analytical testing or construction specifications of the on-site wells were found during the course of this assessment. If the water wells are not to be used in any planned redevelopment of the subject property, SALEM recommends properly destroying the wells in accordance with all applicable state and local guidelines.
A soil mound was observed in the southern portion of the subject property and was reported to have been excavation dirt and asphalt produced when the floor of a warehouse was switched from asphalt to concrete to accommodate heavy machinery. No obvious visual evidence of hazardous substances and/or petroleum products or staining was observed on the surface of the stockpile. Based upon the absence of documentation regarding the source of the stockpiled soil SALEM recommends collecting samples of the stockpiled soil in order to determine if the soil has been impacted by constituents of concern prior to either transporting the soil off-site for disposal or utilizing the soil on-site as clean-fill if needed during the redevelopment of the subject property.
During the visual observations of the subject property, no hazardous substances or petroleum products were observed to be stored or handled on the subject property. No standing water or major depressions were observed on the subject property. Based on SALEM’s, field observations, and contacts with state and local regulatory agencies, the potential for adverse environmental impacts to the subject property associated with current site use appears to be low and therefore, there is a low potential for RECs to exist in connection with the current use of the subject property.
Adjacent Properties
Based on SALEM’s field observations, review of the EDR Radius Map Report and consultation with state and local regulatory agencies, there does not appear to be RECs in connection with the subject property from adjoining property uses.
11.1 Evaluation of Data Gaps/Data Failure
In accordance with ASTM E1527-13 guidance, data gaps represent a lack of or inability to obtain information required by this practice despite good faith efforts by the environmental professional to gather such information. Data gaps may result from incompleteness in any of the activities required by this practice. Data failure represents the failure to achieve the historical research objects of this practice even after reviewing the standard historical sources that are reasonably ascertainable and likely to be useful. Data failure is one type of data gap. The following is a summary of data gaps encountered in the process of preparing this report including an observation as the presumed significance of that data gap to the conclusions of this assessment. Some of the intervals between documented sources exceeded five years.
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However, taken in consideration with the available information obtained in the course of preparing this report in conjunction with professional experience, there is no evidence to suggest that this data gap might alter the conclusions of this assessment.
12.0 SUMMARY AND CONCLUSIONS
We have performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E1527-13 of the Former California Compress Facility site 2740 West Nielsen Avenue, located approximately 880 feet west of South Hughes Avenue in Fresno, California, (Fresno County APNs 458-020-71 and 458-020-72), the property. Any exceptions to, or deletions from, this practice are described in Section 13 of this report. During the course of this assessment, SALEM identified the following evidence of RECs in connection with the subject property as defined by ASTM E1527-13:
• At least three known septic systems were associated with the former structures on the subject property, two of which were visually identified during SALEM’s November 19, 2020 site reconnaissance as remaining at the subject property. The former septic systems may have acted as a conduit for contaminants to enter on-site soil from potential past unauthorized disposal of hazardous substances and/or petroleum products utilized for vehicle maintenance into drains, sinks and toilets. SALEM recommends conducting a LSA in the vicinity of the septic systems to determine if on-site soils have been impacted by unauthorized releases of the constituents of concern into the septic systems.
• Historic operations at the subject property included the handling and storage of cotton which required an extensive fire suppression system. Two water basins were historically located in the southern portion of the subject property. SALEM personnel located upwards of 25 features across the subject property indicative of a fire suppression system including stand pipes, traffic bollards, and fire hydrants. The system reportedly included diesel-powered water pumps supplied from an AST historically located in the south-central portion of the subject property. The former diesel AST location was identifiable by concrete footings and a fire extinguisher. Additional concrete footings indicative of propane ASTs were observed in the north-central portion of the subject property. No staining or signs of leakage were observed in the vicinity of the former ASTs. However, SALEM recommends conducting a LSA to assess on-site shallow soils for potential petroleum hydrocarbon impacts in the vicinity of the former diesel AST.
• A soil mound was observed in the southern portion of the subject property and was reported to have been excavation dirt and asphalt produced when the floor of a warehouse was switched from asphalt to concrete to accommodate heavy machinery. No obvious visual evidence of hazardous substances and/or petroleum products or staining was observed on the surface of the stockpile. Based upon the absence of documentation regarding the source of the stockpiled soil, SALEM recommends collecting samples of the stockpiled soil in order to determine if the soil has been impacted by constituents of concern prior to either transporting the soil off-site for disposal or utilizing the soil on-site as clean-fill if needed during the redevelopment of the subject property.
The following HREC was identified:
• The former California Compress facility operated four USTs consisting of a 10,000-gallon fuel oil UST historically located on what is now the north adjacent property; a 4,000-gallon double-walled steel diesel UST; a 4,000-gallon single-walled steel diesel UST; and a 1,000-gallon single-walled steel regular unleaded gasoline UST historically located in the southwest portion of the subject SALEM
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property. Records indicate all UST were properly permitted and removed under the regulatory agency oversight of FCEHD. A record of a “Hazardous Material Release” was recorded on June 5, 1995 indicating soil contamination from petroleum products discovered during removal of a UST.
RWQCB records indicate that FCEHD issued a “case closed” designation for the California Compress LUST site on July 3, 1996.
Additionally, the following Site Development issue was identified:
• During SALEM’s site reconnaissance, two water wells were observed on the subject property. No information regarding analytical testing or construction specifications of the on-site wells was found during the course of this assessment. If the water wells are not to be used in any planned redevelopment of the subject property, SALEM recommends properly destroying the wells in accordance with all applicable state and local guidelines.
13.0 LIMITATIONS
This Phase I ESA Report has been prepared for the exclusive use of Scannell Properties and its subsidiaries and affiliates. Unauthorized use of or reliance on the information contained in this report, unless given express written consent by SALEM and Scannell Properties is strictly prohibited. The following limitations and exceptions apply:
• The scope of work completed was designed solely to meet the needs of SALEM’s client. SALEM shall not be liable for any unintended usage of this report by another party. In addition, based on the ASTM guidelines, the ESA is only valid if completed within 180 days of an acquisition or the transaction necessitating the ESA.
• No ESA can wholly eliminate uncertainty regarding the potential for RECs in connection with a property. This ESA was designed to reduce, but not eliminate the potential for RECs at the subject property, within reasonable limits of time and cost. The ESA is not intended to be exhaustive or allinclusive and does not represent a guarantee of the identification of all possible environmental risk. • An ESA is intended to be a non-intrusive investigation and generally does not include sampling or testing of air, soil, water or building materials. No destructive testing was completed and concealed areas, such as behind walls or within machinery, were not accessed. Testing, if any, is designed solely to meet the needs of the ESA, not to meet any local, state or federal regulations and should not be utilized as such.
• Information in this report is based on personal interviews, government records, published resources, and various historical documents. Accuracy and completeness of information varies among information sources and is often inaccurate or incomplete. The information utilized in this ESA is from sources deemed to be reliable; however, no representation or warranty is made as to the accuracy thereof. SALEM will have no ongoing obligation to obtain and include information that was not reasonably ascertainable, practically reviewable or provided to SALEM in a reasonable timeframe to formulate an opinion and complete the assessment by the agreed upon due date. • Unless specifically identified in the scope of work, the ESA excludes consideration of non-ASTM scope issues including, but not limited to, lead in drinking water, asbestos, lead-based paint, industrial hygiene, health and safety, endangered species, wetlands, indoor air quality, vapor intrusion, electromagnetic fields, biological agents or mold.
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• The ESA includes some information that may be relevant to regulatory compliance, but is not intended and shall not be construed as a compliance audit and cannot be considered a verification of regulatory compliance. While the general environmental setting of the subject property is described, this assessment is not intended to be a formal flood plain or wetland determination, and no warranty is made thereof. Depending on its past, present or future intended use, the property under review may or may not be subject to regulation and permitting under environmental and health and safety laws, such as, but not limited to, the Clean Air Act, the Clean Water Act, the Solid Waste Disposal Act, the Occupational Safety and Health Act, and other federal, state and local regulations. SALEM assumes no responsibility or liability respecting regulatory permitting or compliance issues. • Client is advised that if the ESA is obtained with the intent of qualifying the purchaser as an innocent landowner, contiguous property owner, or bona fide prospective purchaser under CERCLA, there will be continuing obligations of due care and responsiveness and additional legal requirements that likely apply to such status. SALEM accepts and undertakes no responsibility as to such requirements and advises that counsel be separately consulted with respect to such requirements. • The findings and conclusions presented in this Phase I ESA Report are based on field review and observations and on data obtained from the sources listed in the report. The findings of this report are valid as of the present. The passage of time, natural processes or human intervention on the subject property or adjacent properties and changes in the regulations can cause changed conditions which can invalidate the findings and conclusions presented in this report.
14.0 QUALIFICATIONS
This Phase I ESA was conducted under the supervision or responsible charge of SALEM’s undersigned environmental professional with oversight from the undersigned registered professional. The work was conducted in accordance with ASTM E1527-13, generally accepted industry standards for environmental due diligence in place at the time of the preparation of this report, and SALEM’s quality-control policies.
We declare that, to the best of our professional knowledge and belief, we meet the definition of environmental professional as defined in §312.10 of 40 CFR 312 and we have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. We have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312.
15.0 REFERENCES
The following list summarizes the references utilized in preparing this report:
Aerial photographs provided by Environmental Data Resources, Inc. Cal-EPA Voluntary Cleanup Program records.
California EPA, Department of Toxic Substances Control records. California Department of Conservation – Division of Oil, Gas, and Geothermal Resources records. California Regional Water Quality Control Board records. California Statewide Radon Survey Screening results.
City Directory Abstract Report compiled by EDR.
City of Fresno Building Department records.
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City of Fresno Fire Department records.
City of Fresno, Public Utilities, Water Division records. City of Fresno, Public Utilities, Wastewater Division records. Federal and State regulatory agency lists compiled by EDR. Fresno County Assessor’s Office records.
Fresno County Environmental Health Division records.
Pipeline and Hazardous Materials Safety Administration, National Pipeline Mapping System. Regional Water Quality Control Board records.
Sanborn Fire Insurance Maps for Fresno, California (EDR). U.S. Fish and Wildlife Service National Wetlands Mapper. U.S. Geological Survey, 7.5 minute Fresno South, California topographic quadrangle map, dated 2012.
If you have any questions, or if we may be of further assistance, please do not hesitate to contact our office at (559) 271-9700.
Respectfully submitted,
SALEM Engineering Group, Inc.
Shannon Lodge, PG
Senior Project Manager
Clarence Jiang, PE, GE
Project Engineer
RCE No. 50233/ RGE No. 2477
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PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 1: View of subject property from the north facing south.
Photo 2: View of subject property from the north facing southeast.
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 3: View of subject property from the north facing southwest.
Photo 4: View of subject property from the northeast facing south.
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 5: View of subject property from the northeast corner facing west.
Photo 6: View of subject property from the east corner facing west. . - • ,.___ _ I I .-...
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 7: View of subject property from the southeast facing northwest.
Photo 8: View of subject property from the southeast facing west.
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 9: View of storm drain along the southern boundary.
Photo 10: View of pump near the southern boundary.
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 11: View of pipes and traffic ballards near the southern boundary.
Photo 12: View of pile asphalt rubble.
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 13: View of old building pad near the southwest corner with apparent restrooms.
Photo 14: View of subject property from the southwest facing east.
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 15: View of subject property from the southwest facing northeast.
Photo 16: View of subject property from the southwest facing north. \
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 17: View of pad with apparent old pump near the southwest corner.
Photo 18: View of dirt patch near the southwest corner.
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 19: View of culvert along the western boundary.
Photo 20: View of erosion along the western boundary.
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 21: View of subject property from the northwest facing east.
Photo 22: View of subject property from the northwest facing south.
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 23: View of old building pad west-central with trolley rail system.
Photo 24: View of example of old building pad.
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 25: View of apparent old fire hydrants near the northern boundary.
Photo 26: View of northern central old AST stand pipes and pad.
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 27: View of adjoining property to the north-northwest.
Photo 28: View of adjoining property to the north.
. I •
- - - - ■
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 29: View of adjoining property to the north-northeast.
Photo 30: View of adjoining property to the east.
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 31: View of adjoining property to the south-southwest.
Photo 32: View of adjoining property to the south.
SALEM
eng i nee ri ng g roup, inc .
PHOTOGRAPHS
PROJECT NO.
1-420-1016
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
DATE:
January 2021
PAGE:
Photo 33: View of adjoining property to the west-southwest.
Photo 34: View of adjoining property to the west.
t
SALEM
eng i neeri ng group, inc.
Subject Property
TOPOGRAPHIC MAP (2012) SCALE: DATE:
NTS
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: FIGURE NO.:
1 N
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
Jan. 2021
SL
1-420-1016
---,
SALEM
engineering g r o up, i nc.
Subject Property
AERIAL PHOTOGRAPH (2016) SCALE: DATE:
NTS
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: FIGURE NO.:
2 N
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
Jan. 2021
SL
1-420-1016
SALEM
engineering g r o up, i nc.
N
SITE MAP
SCALE: DATE:
NTS
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: FIGURE NO.:
3 FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
Jan. 2021
SL
1-420-1016
WEST NIELSEN AVENUE
NORTH MARKS AVENUE
Former
Diesel Pumps
& ASTs
Former UST
SALEM
engineering g r o up, i nc.
APPENDIX
A
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 1 of 13 ALTA Commitment for Title Insurance (8-1-16) California
Commitment
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1034411-CHI2
COMMITMENT FOR TITLE INSURANCE
Issued By
FIRST AMERICAN TITLE INSURANCE COMPANY
NOTICE
IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE
COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE
PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I-Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end.
If this jacket was created electronically, it constitutes an original document.
First American
First American Tille Insurance Company
Pr/ dL ~;;::_~
Denni$ J. Gi1mott. Pre:sldent
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 2 of 13 ALTA Commitment for Title Insurance (8-1-16) California
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.
(d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment.
(e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.
(f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment.
(g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) “Title”: The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I—Requirements; and
(f) Schedule B, Part II—Exceptions.
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to:
(i) comply with the Schedule B, Part I—Requirements;
(ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 3 of 13 ALTA Commitment for Title Insurance (8-1-16) California
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
Arbitration provision intentionally removed.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 4 of 13 ALTA Commitment for Title Insurance (8-1-16) California
Schedule A
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1034411-CHI2
Transaction Identification Data for reference only:
Issuing Agent: First American Title Insurance Company National Commercial Services
Issuing Office: 30 North La Salle, Suite 2700, Chicago, IL 60602-3847
Commitment No.: NCS-1034411-CHI2 Issuing Office File No.: NCS-1034411-CHI2 Property Address: 2740 West Nielsen Avenue, Fresno, CA Escrow Officer/Assistant: /Juanita Chandler Revision No.: Phone: /(312)917-7219
Email: /[email protected]
Title Officer/Assistant: Patricia Rogers/
Phone: (312)553-0471/
Email: [email protected]/
SCHEDULE A
1. Commitment Date: September 30, 2020 at 7:30 AM
2. Policy to be issued:
(a) ☒ 2006 ALTA® Extended Owner Policy
Proposed Insured: Scannell Properties, LLC, an Indiana limited liability company Proposed Policy Amount: $ 135,036.00
(b) ☒ 2006 ALTA® Extended Loan Policy
Proposed Insured: To Be Determined
Proposed Policy Amount: $ To Be Determined
(c) ☐ 2006 ALTA® Policy
Proposed Insured:
Proposed Policy Amount: $
3. The estate or interest in the Land described or referred to in this Commitment is Fee
4. The Title is, at the Commitment Date, vested in:
Daoudian Investments, LLC, a California Limited Liability Company
5. The Land is described as follows:
See Exhibit "A" attached hereto and made a part hereof
First American
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 5 of 13 ALTA Commitment for Title Insurance (8-1-16) California
Schedule BI & BII
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1034411-CHI2
Commitment No.: NCS-1034411-CHI2
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
A. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions.
B. Pay the agreed amount for the estate or interest to be insured.
C. Pay the premiums, fees, and charges for the Policy to the Company.
D. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records.
E. Releases(s) or Reconveyance(s) of Item(s): 14
F. Other: None
G. You must give us the following information:
a. Any off record leases, surveys, etc.
b. Statement(s) of Identity, all parties.
c. Other: None
The following additional requirements, as indicated by "X", must be met:
[X] H. Provide information regarding any off-record matters, which may include, but are not limited to: leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq.
The Company's Owner's Affidavit form (as provided by the company) must be completed and submitted prior to close in order to satisfy this requirement. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary.
[X] I. An ALTA/NSPS survey of recent date, which complies with the current minimum standard detail requirements for ALTA/NSPS land title surveys, must be submitted to the Company for review. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary.
First American
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 6 of 13 ALTA Commitment for Title Insurance (8-1-16) California
[X] J. The following LLC documentation is required from:
(i) a copy of the Articles of Organization
(ii) a copy of the Operating Agreement, if applicable
(iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State
(iv) express Company Consent to the current transaction [] K. The following partnership documentation is required :
(i) a copy of the partnership agreement, including all applicable amendments thereto (ii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State
(iii) express Partnership Consent to the current transaction [] L. The following corporation documentation is required:
(i) a copy of the Articles of Incorporation
(ii) a copy of the Bylaws, including all applicable Amendments thereto (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State
(iv) express Corporate Resolution consenting to the current transaction [X] M. Based upon the Company's review of that certain partnership/operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met:
Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be subject to such further requirements as may be deemed necessary. [] N. A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and/or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease. This Commitment will then be subject to such further requirements as may be deemed necessary.
[X] O. Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder. This Commitment will then be subject to such further requirements as may be required to obtain such approval. [X] P. Potential additional requirements, if ALTA Extended coverage is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met:
[X] Q. The Company's "Indemnity Agreement I" must be executed by the appropriate parties.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 7 of 13 ALTA Commitment for Title Insurance (8-1-16) California
[X] R. Financial statements from the appropriate parties must be submitted to the Company for review.
[X] S. A copy of the construction contract must be submitted to the Company for review. [X] T. An inspection of the Land must be performed by the Company for verification of the phase of construction.
[X] U. The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 8 of 13 ALTA Commitment for Title Insurance (8-1-16) California
Schedule BI & BII (Cont.)
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1034411-CHI2
Commitment No.: NCS-1034411-CHI2
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE
SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW
BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I-Requirements are met.
2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
3. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
4. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
5. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
7. General and special taxes and assessments for the fiscal year 2020-2021, a lien not yet due or payable.
8. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
First American
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 9 of 13 ALTA Commitment for Title Insurance (8-1-16) California
9. An easement for A Ditch About 10 Feet in Width, with Necessary Embankments and incidental purposes in the document recorded in Book 70 of Deeds, Page 348.
The location of the easement cannot be determined from record information.
10. An easement for DITCH AND RIGHTS and incidental purposes in the document recorded as Book 17
11. An Easement for Cole Ditch and Rights Incidental Thereto as Shown On The Recorded Map of Said Tract, and as Disclosed By an Agreement between Vagim Packing Co., Et Al, and Fresno Irrigation District, Dated October 1, 1946 and Recorded February 14, 1947 in Book 2494 Page 185 as Instrument No. 9004 of Official Records.
12. Right of Way over The West 30 Feet of Lot 24 for Marks Avenue, as Shown On The Survey Recorded March 14, 1955, in Book 17 Page 73 of Record of Surveys, Fresno County Records.
Any Easement for The Installation and Maintenance of A Sewer Line over The Westerly Portion of Said Property, in Favor of The City of Fresno, AS Disclosed By The Agreement.
13. A Right of Way and Easement to Flow and Conduct Water in and Through an Irrigation Canal, now known as Houghton Canal and The Rights Incidental Thereto, as Disclosed By an Agreement Dated October 1, 1962, between City of Fresno and Fresno Irrigation District, Recorded October 1, 1962, in Book 4769 Page 561 as Instrument No. 75512 of Official Records.
14. A claim of lien recorded February 15, 1985 as Instrument No. 85-15161 of Official Records.
Lien claimant: Bruno Electric Service, Inc
Amount: $7,097.65
Notice of pendency of action recorded May 17, 1985 as Instrument No. 85-49056 of Official Records.
Court: Municipal Court of the State of California in and for the County of Fresno
Case No.: 101822-5
Plaintiff: Bruno Electric Service, Inc., a Corporation
Defendant: Dean Steinbach, Dean Steinbach dba South Sierra Milling, South Sierra Milling, California Compress Co., Inc., a California Corporation, Busch Electrical Services, Inc., Fowler Crane Service, Inc., and Does I through XXX, inclusive
Purpose: Foreclosure of a mechanics' lien.
15. The effect of an instrument entitled "Before the Board of Directors of the Fresno Metropolitan Flood Control District Resolution Providing for the Recordation of a Map Identifying Areas Subject to Payment of Drainage Fees and/or Requirements to Construct Planned Local Drainage Facilities", executed by Fresno Metropolitan Flood Control District and City of Fresno, recorded July 31, 1995 as Instrument No. 95092128 of Official Records.
16. The fact that the land lies within the boundaries of the Roeding Business Park Redevelopment Project Area, as disclosed by the document recorded August 15, 1996 as Instrument No. 96-107262 of Official Records.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 10 of 13 ALTA Commitment for Title Insurance (8-1-16) California
17. An easement for Public Street and incidental purposes, recorded March 09, 2001 as Instrument No. 01-31534 of official records.
In Favor of: Redevelopment Agency of The City of Fresno, A Public Body Corporate and Politic
Affects: as described therein
above mention easement Quitclaim Deed recorded June 27, 2006 as Instrument No. 2006-0133466 of Official Records.
18. An easement for Public Street and incidental purposes, recorded January 26, 2004 as Instrument No. 04-17844 of official records.
In Favor of: City of Fresno, A Municipal Corporation
Affects: as described therein
19. The terms, provisions and easement(s) contained in the document entitled "Storm Water Easement Agreement" recorded July 26, 2013 as Instrument No. 2013-0104886-00 of Official Records. (Affects Parcel 1)
20. The effect of a deed dated December 26, 2018, executed by Daoudian Investments, LLC, a California Limited Liability Company, as Grantor, to DI Nielsen Marks, LLC, as Grantee, recorded December 28, 2018, as Instrument No. 2018-0154302 of Official Records.
NOTE: The Company will require an Affidavit of Execution and Delivery of Deed executed by the grantor in the presence of a First American notary or other satisfactory proof that the deed was valid prior to removing this exception or insuring the contemplated transaction.
21. Any statutory lien for labor or materials arising by reason of a work of improvement now in progress or recently completed.
22. Additional matters, if any, following review by the Company's Waterways and Boundaries Underwriters.
23. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey.
24. Water rights, claims or title to water, whether or not shown by the Public Records.
25. We find no outstanding voluntary liens of record affecting subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property.
26. Rights of parties in possession.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 11 of 13 ALTA Commitment for Title Insurance (8-1-16) California
INFORMATIONAL NOTES
ALERT - CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of recording on certain transactions effective January 1, 2018. Please contact your First American Title representative for more information on how this may affect your closing.
1. Taxes for proration purposes only for the fiscal year 2019-2020.
First Installment: $5,831.06, PAID
Second Installment: $1,659.72, PAID
Tax Rate Area: 005-989
APN: 458-020-71
(Affects Parcel 1)
2. Taxes for proration purposes only for the fiscal year 2019-2020.
First Installment: $6,729.74, PAID
Second Installment: $1,757.28, PAID
Tax Rate Area: 005-989
APN: 458-020-72
(Affects Parcel 2)
3. Supplemental taxes for the year 2018-2019 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
First Installment: $1,068.76, PAID
Penalty: $0.00
Second Installment: $0.00, NO TAX DUE
Penalty: $0.00
Tax Rate Area: 005-989
A. P. No.: 458-020-71-YY
(Affects Parcel 1)
4. Supplemental taxes for the year 2018-2019 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
First Installment: $1,273.80, PAID
Penalty: $0.00
Second Installment: $0.00, NO TAX DUE
Penalty: $0.00
Tax Rate Area: 005-989
A. P. No.: 458-020-72-XX
(Affects Parcel 2)
5. The property covered by this report is vacant land.
6. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows:
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 12 of 13 ALTA Commitment for Title Insurance (8-1-16) California
A document recorded December 28, 2018 as Instrument No. 2018-0154302 of Official Records From: Daoudian Investments, LLC, A California Limited Liability Company To: Di Nielsen Marks, LLC
7. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued.
The map attached, if any, may or may not be a survey of the land depicted thereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of this Commitment or the Policy, if any, to which the map is attached.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18) Page 13 of 13 ALTA Commitment for Title Insurance (8-1-16) California
Exhibit A
ISSUED BY
First American Title Insurance Company
File No: NCS-1034411-CHI2
File No.: NCS-1034411-CHI2
The Land referred to herein below is situated in the City of Fresno, County of Fresno, State of California, and is described as follows:
PARCEL 1:
PARCEL C AS SHOWN ON LOT LINE ADJUSTMENT NO. 2013-06, AS EVIDENCED BY DOCUMENT RECORDED JUNE 11, 2013 AS INSTRUMENT NO. 2013-0082690 OF OFFICIAL RECORDS OF FRESNO COUNTY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF VOLUNTARY PARCEL MERGER NO. 2013-03, AS DOCUMENT NO. 2013-0082689, OF OFFICIAL RECORDS OF FRESNO COUNTY, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOTS 20 TO 29, INCLUSIVE, OF WEST FRESNO, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 50, LYING SOUTH OF A LINE THAT IS PARALLEL WITH AND 358.71 FEET SOUTH OF THE SOUTH LINE OF THAT CERTAIN STRIP OF LAND 100 FEET WIDE GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY BY DEED DATED MAY 13, 1982 RECORDED IN BOOK 145, PAGE 390 OF DEEDS, AND WEST OF A LINE THAT IS PARALLEL WITH AND 1169.00 FEET EAST OF THE WEST LINE OF SAID LOTS 24 AND 25.
EXCEPTING THEREFROM THAT PORTION THEREOF GRANTED TO FRESNO IRRIGATION DISTRICT BY AGREEMENT DATED OCTOBER 1, 1946 RECORDED FEBRUARY 14, 1947 IN BOOK 2494 PAGE 185 OF OFFICIAL RECORDS.
PARCEL 2:
PARCEL D AS SHOWN ON LOT LINE ADJUSTMENT NO. 2013-06, AS EVIDENCED BY DOCUMENT RECORDED JUNE 11, 2013 AS INSTRUMENT NO. 2013-0082690 OF OFFICIAL RECORDS OF FRESNO COUNTY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF VOLUNTARY PARCEL MERGER NO. 2013-03, AS DOCUMENT NO. 2013-0082689 OF OFFICIAL RECORDS OF FRESNO COUNTY, AND LOTS 17 TO 19 OF WEST FRESNO, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 50, FRESNO COUNTY RECORDS, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOTS 17 TO 32, INCLUSIVE, OF SAID WEST FRESNO LYING SOUTH OF A LINE THAT IS PARALLEL WITH AND 358.71 FEET SOUTH OF THE SOUTH LINE OF THAT CERTAIN STRIP OF LAND 100 FEET WIDE GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY BY DEED DATED MAY 13, 1982 RECORDED IN BOOK 145, PAGE 390 OF DEEDS, AND EAST OF A LINE THAT IS PARALLEL WITH AND 1169.00 FEET EAST OF THE WEST LINE OF SAID LOTS 24 AND 25.
For conveyancing purposes only: APN 458-020-71 (Affects Parcel 1) 458-020-72 (Affects Parcel 2) First American
APPENDIX
B
SALEM
e ngin eer i ng gr oup , in c .
PHASE I ESA (ASTM E1527-13)
USER QUESTIONNAIRE
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NEILSEN AVENUE
FRESNO, CALIFORNIA
4729 W. Jacquelyn Avenue
Fresno, California 93722
(559) 271-9700 Office
(559) 275-0827 Fax
Date: ll/l\/2LJ2..C> SiteAddress: Z-lYb \J'Ju+ N~lsevt A,"L 'h=.vtl'.1 C,;\- RespondentName: J4.~ kvf'h PhoneNo.(required): 6\L---~-l(098 Company Name&Address: ~ CAA"-e.-ll ?ny~0 2'i4 4nx,,e_ la.n.t.-- [ ~ui-k., {Yo w4y~ 1 MAJ
Introduction
"In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfield Revitalization Act of2001 (the 'Brownfields Amendments'), the user must provide the following information (if available) to the environmental professional. Failure to provide this infonnation could result in a detennination that 'all appropriate inquiry' is not completed" -American Society for Testing and Materials (ASTM) El 527-13 Appendix X3: User Questionnaire
1. Are you aware of any environmental cleanup liens against the subject property that are filed or recorded under federal, tribal, state, or local law?
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2. Are you aware of any activity use limitations (AULs) such as engineering controls, land use restrictions, or institutional controls that are in place at the subject property and/or have been filed or recorded in a registry under federal, t1ibal, state, or local law?
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3. As the user of the Phase I Environmental Site Assessment (ESA), do you have any specialized knowledge or experience related to the subject property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the subject property or an adjacent property so that you would have specialized knowledge of the chemicals and processes used by this type of business?
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SALEM
eng ~eer i ng gro u p , inc.
User Questionnaire
4. Does the purchase price being paid for the subject property reasonably reflect the fair market value of the subject property? If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the subject property?
5. Are you aware of commonly known or reasonably ascertainable information about the subject property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example:
A. Do you know the past uses of the subject property?
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B. Do you know of specific chemicals that are present or once were present at the subject property? ND
C. Do you know of spills or other chemical releases that have taken place at the subject property? MD
D. Do you know of any environmental cleanups that have taken place at the subject property? JJD
6. As the user of the Phase I ESA, based on your knowledge and experience related to the subject property, are there any obvious indicators that point to the presence or likely presence of contamination at the subject property?
I, the user of this Phase I ESA (or authorized representative of the User), do hereby attest that I have carefully considered the questions herein and have presented answers to the best of my knowledge and ability based upon the Responsibilities of the User as required within ASTM E1527-13 guidance.
Name Jc,_,,'hL {?u ~ Date _ __ t\-+(-\~\--t(- 1.--_0_7....- _a ____ _ (Please Print) e-'? (_ , ~ .:__' - Signature _ // _ __,,...,...__ ~ ___ ___,p~-£:L - --'>r--- SALEM
eng i neer in g gro u p , i nc .
APPENDIX
C
SALEM
engineering group , inc.
PHASE I ESA (ASTM £1527-13)
0\ NER QUESTIONNAIRE
FORMER CALI FOR. IA COM PRESS FACILITY
2740WEST NE ILSEN AVENUE
FRESNO, C UFOR1 IA
Date: 1..- "l.,01..0 Site Address:
4729 W. Jacquelyn venue
Fresno, California 93722
(559) 271 -9700 Office
(559) 275-0827 Fax
------------------
Owner Name: D ~ tJ i~.5t1, f\tli;f ~/£( Owner Phone No. (required):
Provide ame of Previous Owner(s) and Phone umber if known: ( q ( ( 0"4-f resJ IC c r j; 1} How long have you owned the subject property? _ _ ,_ ,' _n_C.....:::l.c..___i:::.___,c_o....:::o_'b-=..__l"'-'-<t-=t:....:l.;_lt.c..=:..,,d,___,/f:....__,,,,....:.J,_;_· h---=--=-JHave any previous i.nvesrigarions been conducted on the subject properry? _ _ ~Y~t __ 5 ______ _ 11I_.. __ _ f\~eA I_ 1 Whal is the subject property currently used for'? ___ ~~-· ___ lL~~~-~L,Ml" __ d ______ _ Fonner Uses/Occupant of the subject property? ___ L_o_f_}_o_,., __ S--'t_o_r_c,...,o/_l _ ______ _ ,) ge of onsile strncrure(s), if known? --~V_o_flrl,, ___________________ _ Do you have any knowledge of existin~ or previous underground or aboveground storage tanks being located on the subject. property? ___ ~-S~--------------------- Do you know of any chemical or hazardous materials persistent pesticides/herbicides being used, stored or di,charge<l on the ubjecl prop rty? ____ ..-.;:;..o;;.... _________________ _ _ Do you kno\ of nny Environmental Cleanup Liens or slun-y walls or vapor banier filed or recorded against the subject property? _____ ..,_._.__ _ ____ _________________ _ Do you know of any buried ma terials such as garbage dumps or burn pits on the subject property? /)Jo Are there cttrTenily or were there historically any septic systems and/or water wells located on the subject property'? \
Any dry wells/monitoring wells? _ __.N~o'-'c"--5-"--u_re.._-;{_f/V\ __ c'j__._·~------------- Are there any drainage or disposal ponds located on the subject property? __ IA._f\_,_~'--v\._o,.,v- __ l""' ____ _ Is rhe subject properry conn cted to mun.icipal water and sewer systems? __ _,N.__-"'O__._} __ ~_vJ_G_fL __ _ SALEM
Owner Questionnai1·e
Do you have any commonly known, reasonably ascenainabl , or specialized knowledge or experi nee related to the ubjec1 propeny or nearby properries? ___ _ -+1&-1--- ------------ Are you aware of any contamination on the subject property? _ __ ~tJ~_o __________ _ Oat
(Ph::ase Print) ~
ignarure: ~ <::5
SALEM
APPENDIX
D
N
AERIAL PHOTOGRAPHS
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SCALE: DATE:
NTS Jan. 2021
SL
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: YEAR:
1-420-1016 1937
Subject Property
SALEM
engineering g r o up, i nc.
N
AERIAL PHOTOGRAPHS
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SCALE: DATE:
NTS Jan. 2021
SL
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: YEAR:
1-420-1016 1946
Subject Property
•
---•---
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-
SALEM
engineering g r o up, i nc.
N
AERIAL PHOTOGRAPHS
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SCALE: DATE:
NTS Jan. 2021
SL
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: YEAR:
1-420-1016 1950
Subject Property
..
SALEM
engineering g r o up, i nc.
N
AERIAL PHOTOGRAPHS
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SCALE: DATE:
NTS Jan. 2021
SL
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: YEAR:
1-420-1016 1957
Subject Property
SALEM
engineering g r o up, i nc.
N
AERIAL PHOTOGRAPHS
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SCALE: DATE:
NTS Jan. 2021
SL
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: YEAR:
1-420-1016 1962
Subject Property
SALEM
engineering g r o up, i nc.
N
AERIAL PHOTOGRAPHS
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SCALE: DATE:
NTS Jan. 2021
SL
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: YEAR:
1-420-1016 1967
Subject Property
SALEM
engineering g r o up, i nc.
N
AERIAL PHOTOGRAPHS
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SCALE: DATE:
NTS Jan. 2021
SL
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: YEAR:
1-420-1016 1973
Subject Property
..
SALEM
engineering g r o up, i nc.
N
AERIAL PHOTOGRAPHS
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SCALE: DATE:
NTS Jan. 2021
SL
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: YEAR:
1-420-1016 1979
.......--------, Subject Property I
SALEM
engineering g r o up, i nc.
N
AERIAL PHOTOGRAPHS
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SCALE: DATE:
NTS Jan. 2021
SL
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: YEAR:
1-420-1016 1984
Subject Property
•
...
••
SALEM
engineering group, i nc.
N
AERIAL PHOTOGRAPHS
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SCALE: DATE:
NTS Jan. 2021
SL
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: YEAR:
1-420-1016 1987
Subject Property
SALEM
engineering g r o up, i nc.
N
AERIAL PHOTOGRAPHS
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SCALE: DATE:
NTS Jan. 2021
SL
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: YEAR:
1-420-1016 1998
Subject Property
• •
SALEM
engineering group, i n c.
N
AERIAL PHOTOGRAPHS
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SCALE: DATE:
NTS Jan. 2021
SL
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: YEAR:
1-420-1016 2006
Subject Property
SALEM
engineering g r o up, i nc.
N
AERIAL PHOTOGRAPHS
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SCALE: DATE:
NTS Jan. 2021
SL
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: YEAR:
1-420-1016 2009
Subject Property
SALEM
engineering g r o up, i nc.
N
AERIAL PHOTOGRAPHS
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SCALE: DATE:
NTS Jan. 2021
SL
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: YEAR:
1-420-1016 2012
Subject Property
SALEM
engineering g r o up, i nc.
N
AERIAL PHOTOGRAPHS
FORMER CALIFORNIA COMPRESS FACILITY
2740 WEST NIELSEN AVENUE
FRESNO, CALIFORNIA
SCALE: DATE:
NTS Jan. 2021
SL
DRAWN BY: APPROVED BY:
BR
PROJECT NO.: YEAR:
1-420-1016 2016
Subject Property
SALEM
engineering g r o up, i nc.
APPENDIX
E
EXHIBIT A
2600 Fresno Street • Third Floor
Fresno, California 93721-3604
(559) 621-8277, FAX (559} 488-1020
March 22, 2010
Joseph Guagliardo
Comprehensive Planning Associates, Inc.
5414 East Pitt Avenue
Fresno, CA 93727
Planning and Development Department
John M. Dugan, AICP
Director
Please reply to:
Robert Berend
(559} 621-8060
SUBJECT: SUBJECT: SITE PLAN REVIEW APPLICATION NO. 5•09-123, A MAJOR REVISED .EXHIBIT FOR PROPERTY LOCATED AT 2650 AND 2740 WEST NIELSEN AVENUE (APN 458-020-09)
Approval of the site plan review application was given to the applicant in accordance with the Fresno Municipal Code (FMC). An appeal was received within the 15 day appeal period which ended on March 16. 2010. The items in dispute are listed below with responses from the Planning and Development Departm~nt:
1. The condition that any (new) fence that is located within 45 feet of the frontage of the property and visible from a public street shall be constructed of wrought iron per the Redevelopment Agency of the City of Fresno Industrial Development Design Guidelines. a. Per the site plan exhibits submitted there are no new fences proposed within 45 feet of the frontage of this property. To discuss the specific guideline policies for future fences please contact Richard Yee of the Redevelopment Agency of the City of Fresno at (559) 621-7614.
2. The condition to pay City of Fresno Major Street Fees. a. This condition is found in. the Public Works Department, Engineering Division memorandum dated December 8, 2009 on page 3 under the section titled Fresno Maier Street Impact <FMSI} Fees. The condition states: "This entitlement is in the Infill Area; therefore pay all applicable City-wide regional street impact fees." Please contact Ann Lillie, Senior Engineering Technician at (559) 621-8690 regarding this appeal.
3. The condition to pay Caltrans fees.
a. This condition Is also found in the Public Works Department, Engineering Division memorandum dated December 8, 2009 on page 3 under the section titled State of California Department of Transportation (Caltrans) Fees. The condition states a Applicant shall pay fair share contribution as determined by the state of California Department of Transportation (Caltrans) to be collected by the City of Fresno Public Works Department Traffic Engineering, (559) 621-8820, prior to a Building Permit.
Site Plan Review Application No. S-09-123
March 22, 2010