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HAZARDS AND HAZARDOUS MATERIALS
PLACEWORKS 4.9-7
recovery concept of operations. The City of Hollister does not have an Office of Emergency Services or an assigned emergency planner. Therefore, responsibility for preparation and response to a disaster is undertaken by the San Benito County Office of Emergency Services.4 San Benito County Multi-Jurisdictional Local Hazard Mitigation Plan San Benito County’s mitigation programs are enforced through the Multi-Jurisdictional Local Hazard Mitigation Plan (LHMP), which was adopted concurrently with the County EOP. The LHMP includes hazard mitigation goals, strategies, priorities, and provides a comprehensive assessment of the county’s hazards and vulnerabilities. The mitigation programs aim to reduce the loss of life, minimize structural damage, reduce disruption of essential services, protect the environment, and promote hazard mitigation as an integrated public policy. The LHMP covers all jurisdictions in San Benito County, including the City of Hollister.5
San Benito County Integrated Waste Management Regional Agency The San Benito County Integrated Waste Management (SBCIWM) Regional Agency administers recycling and waste reduction programs to meet CalRecycle waste mandates that protect public health and increase sustainability for all incorporated and unincorporated areas within the county. The SBCIWM administers the Household Hazardous Waste and Business Hazardous Waste programs, which host monthly hazardous waste collection days. The SBCIWM also provides guidance on the safe disposal of hazardous materials, such as electronic or medical waste, motor oil, and filters.6 San Benito County Hollister Municipal Airport Land Use Compatibility Plan San Benito County’s Airport Land Use Commission (ALUC) adopted the Hollister Municipal Airport Land Use Compatibility Plan (ALUCP) in 2012 to ensure land uses surrounding the Hollister Municipal Airport (HMA) are compatible with airport-serving uses. The creation of the ALUC and the preparation of the ALUCP are requirements of the California State Aeronautics Act.7 Provisions for creation of ALUCs were first established under state law in 1967 and the fundamental purpose of ALUCs to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses has remained unchanged. The ALUCP evaluates all surrounding land within the airport influence area, defined as any land on which current or future airport-related noise, overflight, safety, or airspace protection factors may impact existing land uses. The ALUCP requires that any proposed project, specific plan, general plan, zoning ordinance, or building regulation, proposed within the airport influence area, is reviewed by the
4 San Benito County Office of Emergency Services, August 2015, San Benito County Operational Area Emergency Operations Plan, http://www.cosb.us/wp-content/uploads/SBC-EOP -2015.pdf, accessed April 25, 2020. 5 San Benito County Office of Emergency Services, August 2015, San Benito County Operational Area Multi-Jurisdictional Local Hazard Mitigation Plan, http://www.cosb.us/wp-content/uploads/Local-Hazard-Mitigation-Plan-_-SBC-FEMA-Approved.pdf , accessed April 25, 2020.
6 San Benito County Integrated Waste Management, Integrated Waste Management, https://www.cosb.us/departments/resource-management-agency/integrated-waste-management , accessed April 25, 2020. 7 Public Utilities Code Section 21670 et seq.
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ALUC to ensure consistency with the ALUCP. By considering the ALUCP, the City of Hollister General Plan can ensure it will not conflict with the policies and overall purpose of the ALUCP.
Local Regulations
Hollister Municipal Code
The HMC regulates hazards and the use of hazardous materials in the city. The HMC is organized by title, chapter, and section. Provisions related to hazards, hazardous materials, and the Hollister Airport are in Title 8, Health and Safety, Title 13, Public Services, and Title 17, Zoning, as follows:
Chapter 8.20, Hazardous Materials. This chapter regulates the prevention and control of unauthorized discharges of hazardous materials. This chapter includes several sections that cover permitting, storage, and transport of hazardous materials; requirements for hazardous materials storage plans; as well as reporting and cleanup provisions.
Chapter 13.24, Hollister Municipal Airport Use and Operations Regulations. This chapter governs the use of the Hollister Airport as a public transportation facility, and as a base for aviation and aviation- related operations. This chapter ensures operations at the Hollister Airport comply with those set by the state and federal governments.
Chapter 17.12, Special Purpose Zones. This chapter dictates allowable uses in the Airport Zoning (A) District and the Airport Support Zoning (AS) District. Uses that are permitted or conditionally permitted include:
Crop production and floriculture
Aircraft chartering and leasing, sales, and
manufacturing
Air cargo facilities and maintenance
buildings
Air freight terminal
Aircraft parking, tie-down, hangars, shelters,
and storage facilities
Aircraft parts rebuilding
Auto rentals
Industrial, commercial, office, and food
related support services
Fuel storage and sales
Museums and cultural displays related to
aviation
Municipal emergency response facilities
Passenger terminals
Private and public parking
Runways, taxiways, and aprons
Small package delivery services
Employee housing
Cannabis cultivation, delivery, dispensary,
distribution, manufacturing, nursery, and
testing
Section 17.14.020, Airport Overlay Zoning District. This section establishes an overlay that provides regulations for protecting people and property in the vicinity of the HMA. This section determines allowed and conditional uses that may occur in six separate zones adjacent to the HMA: runway protection zone, inner approach/departure zone, inner turning zone, outer approach/departure zone, sideline zone, and traffic pattern zone. Examples of uses either permitted or conditionally permitted in these six zones include: Semipublic uses (auditoriums, meeting halls, religious assembly, etc.), day care facilities, limited residential, commercial uses (auto parking, office buildings, restaurants), Industrial uses (agriculture, auto parking, fuel storage, hazardous uses, etc.).
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Section 17.22.100, Hazardous Waste Facilities Siting . This section establishes uniform standards to regulate the location, design, operations, and maintenance of hazardous waste facilities.
Hollister Municipal Airport Master Plan
The Hollister Municipal Airport Master Plan (Master Plan) identifies and plans for the future facility needs of the HMA through 2025. The primary objective of the Master Plan is to provide guidelines for the maintenance, development, and operation of the HMA as expansion occurs. The Master Plan also preserves areas surrounding the existing footprint of the HMA to ensure that land is available for future improvements.
EXISTING CONDITIONS
Hazardous Material Sites Databases
California Government Code Section 65962.5 requires the CalEPA to compile, maintain, and update lists of hazardous material release sites. CEQA requires the lead agency to consult the lists compiled pursuant to Government Code Section 65962.5 to determine whether a project or any alternatives are identified on any of the following lists:8
USEPA NPL . The USEPA’s National Priorities List (NPL) includes all sites under the USEPA’s Superfund program, which was established to fund the cleanup of contaminated sites that pose risks to human health and the environment.
USEPA CERCLIS and Archived Sites. The USEPA’s Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) includes a list of 15,000 sites nationally identified as hazardous sites. This would also involve a review for archived sites that have been removed from CERCLIS due to “No Further Remedial Action Planned” status. USEPA RCRIS (RCRA Info). The Resource Conservation and Recovery Act Information System (RCRIS or RCRA Info) is a national inventory system about hazardous waste handlers. Generators, transporters, handlers, and disposers of hazardous waste are required to provide information for this database. DTSC Cortese List. The DTSC maintains the Hazardous Waste and Substances Sites (Cortese) list as a planning document for use by state and local agencies to comply with the CEQA requirements in providing information about the location of hazardous materials release sites. This list includes the Site Mitigation and Brownfields Reuse Program Database. DTSC HazNet . DTSC uses this database to track hazardous waste shipments. SWRCB LUSTIS. Through the Leaking Underground Storage Tank Information System (LUSTIS), the SWRCB (State Water Resources Control Board) maintains an inventory of Underground Storage Tanks (USTs) and leaking USTs (LUST), which tracks unauthorized releases.
8 California Public Resources Code Section 21092.6.
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The required lists of hazardous material release sites are commonly referred to as the “Cortese List,” named after the legislator who authored the legislation. Because the statute was enacted more than 20 years ago, some of the provisions refer to agency activities that were conducted many years ago and are no longer being implemented, and, in some cases, the information required in the Cortese List does not exist. Those requesting a copy of the Cortese Lists are now referred directly to the appropriate information resources contained on internet websites hosted by the boards or departments referenced in the statute, including DTSC’s online EnviroStor database and the SWRCB’s online GeoTracker database.
These two databases include hazardous material release sites and cleanup sites, along with other categories of sites or facilities specific to each agency’s jurisdiction.
Hazardous Material Sites and Status Types
As stated, hazardous materials sites and cleanup sites that impacted or have the potential to impact surface water and/or groundwater are documented on the DTSC’s online EnviroStor and the SWRCB’s online GeoTracker databases, respectively. Each site is identified by name, address, site type, and status.
There are two primary types of hazardous material sites, permitted and cleanup sites.
A site that is used to operate a business which must, by nature of the business, store, treat, or dispose of hazardous materials, must obtain a permit or a grant of authorization from the DTSC. Such sites in the state are regulated through a five-tiered permitting program that enforces regulatory requirements imposed on each category of hazardous material site. The permit ensures that any business that handles hazardous materials, does so in compliance with the federal RCRA and the state-adopted regulations to ensure hazardous materials are not released into the environment.9 In cases where the storage, treatment, or disposal of hazardous materials has resulted in those hazardous materials being released into the environment, extensive investigation and cleanup actions are required.
As the CUPA, San Benito County Environmental Health actively conducts investigations into hazardous material sites to monitor the potential release of hazardous materials into the environment. When a release is identified, the USEPA, DTSC, SWRCB, and any other applicable agency direct and supervise cleanup activities to ensure the hazardous materials are satisfactorily removed from the site and no longer pose a danger to the public or the environment.10
The listing of status types is the mechanism by which the DTSC and SWRCB identify their involvement at each site, the status of cleanup activities, and whether the cleanup is active or complete. Status types are also an important tool for jurisdictions to understand where there are sites actively undergoing cleanup of a hazardous material that may pose a hazard to the public or the environment. Status types that identify active and ongoing cleanup activities in the EIR Study Area include:
9 Department of Toxic Substances Control, 2020, Managing Hazardous Waste, https://dtsc.ca.gov/hazardous-waste-facility- permit/, accessed May 2, 2020.
10 United States Environmental Protection Agency, February 2019, Basic Information about Cleanups, https://www.epa.gov/cleanups/basic-information-about-cleanups , accessed May 2, 2020.
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Active: Identifies that an investigation and/or remediation is currently in progress and that DTSC is actively involved.
Certified O & M – Land Use Restriction Only: Identifies sites where a remedy is implemented that results in hazardous substances remaining at the site at concentrations above acceptable levels. Inactive – Action Required: Identifies non-active sites where DTSC has determined that a removal or remedial action or further extensive investigation is required. Inactive – Needs Evaluation: Identifies non-active sites where DTSC has determined an evaluation is required.
Open – Action Required: Identifies an active site where DTSC has determined that a removal or remedial action or further extensive investigation is required. Open – Assessment and Interim Remedial Action: An interim remedial action is considered to be occurring at the site simultaneously with other activities, such as site characterization, investigation, risk evaluation, or site conceptual model development.
Open – Inactive: Means no regulatory oversight activities are being conducted. Open – Remediation - Land Use Restrictions: Identifies sites for which approved remedies have been selected and that the remedies have been started and includes remedies that are both passive and active.
Open – Verification Monitoring: Refers to sites where the remediation phases are essentially complete and a monitoring/sampling program is occurring to confirm successful completion of the cleanup activities.
Refer: Identifies sites that DTSC referred to other agencies for investigation, which often includes the Regional Water Quality Control Board or local jurisdictions.
Existing Hazardous Material Cleanup Sites in Hollister
A search of the online databases on February 13, 2024, identified four EnviroStor sites and four GeoTracker sites within the EIR Study Area that have not been fully remediated or closed.11 The complete list and location of active cleanup sites within the EIR Study Area is shown in Table 4.9-1, Active Hazardous Material Cleanup Sites in the EIR Study Area, and on Figure 4.9-1, Hazardous Materials Cleanup Sites .
11 Sites that are no longer active and that have a status type of “Certified,” “No Further Action,” “No Action Required,” “No Action,” and “Completed-Case Closed” were not included in this search.
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Table 4.9-1 Active Hazardous Material Cleanup Sites in the EIR Study Area ID
Number Site Name Address Site Type Status Type
1 Cerrato Property 510 Hillcrest Road Voluntary Cleanup Certified O&M- Land Use Restriction Only
2 Rancho Santana School AKA
Proposed New Hollister
School Site
1454 Santana Ranch Drive School Cleanup Certified O&M
3 San Benito High School
Modernization Project 1220 Monterey Street School Cleanup Active 4 Sunnyside Estates 2780 Southside Road Voluntary Cleanup Active 5 Crop Production Services,
Inc. - Hollister 1901 Shelton Drive Cleanup Program Site Open – Verification Monitoring
6 Pacific Scientific Energetic
Materials Company (PSEMC)
(former PacSci)
2751 San Juan Road Cleanup Program Site Open – Site Assessment 7 Whittaker Ordnance 2751 San Juan Road Cleanup Program Site Open – Remediation and Land Use Restrictions
8 Wilbur-Elis (former
SoilServe) Hollister 1601 Shelton Drive Cleanup Program Site Open – Verification Monitoring
Note: Sites 6 and 7 are listed as having the same address but are shown as two different locations on the Geotracker website.
Source: Department of Toxic Substances Control, EnviroStor, https://www.envirostor.dtsc.ca.gov/public/ , accessed February 13, 2024; State Water Resources Control Board, GeoTracker, https://geotracker.waterboards.ca.gov/map/ , accessed February 13, 2024.
The City has also received reports of potential hazardous materials at Park Hill. Residents have noted that Park Hill could contain underground fuel tanks and a structure with both asbestos and lead-based paint.
Evidence of asbestos was recorded at a commercial property at 420 Hill Street, at the base of Park Hill, approximately 500 feet from the Vista Hill Park playground.
Park Hill and three sites around the base of Park Hill were designated as LUST Cleanup Sites but they have all subsequently been remediated to the satisfaction of the Central Coast RWQCB and the cases were closed between 1979 and 1999 with no further action required.12 Any building or structure built before 1978 has the potential to have asbestos-containing materials (ACM) and lead-based paint. Left undisturbed, asbestos and lead-based paint pose little to no danger to health. Renovation or demolition of buildings built before 1978 would require asbestos and lead-based paint surveys to determine if these materials are present. If present, the MBARD and USEPA have very strict rules and regulations regarding the removal of these materials using licensed contractors and containment procedures to prevent the release of friable materials. The Phase I Environmental Site Assessment (ESA) and subsequent Phase II ESA soil testing at the Allendale North Street Subdivision adjacent to Park Hill did not find any indication of shallow soil contamination from pesticides, metals, or petroleum products.13
12 California State Water Resources Control Board, Geotracker, ROADRUNNER#3 (T0606900047), https://geotracker.waterboards.ca.gov/profile_report?global_id=T0606900047 , accessed May 24,2024. 13 City of Hollister Development Services, April 14, 2015, North Street Subdivision Administrative Draft Environmental Impact Report, State Clearinghouse No. 2014121066.
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Hollister Municipal Airport
The 343-acre HMA is owned and operated by the City of Hollister. The HMA is classified as a General Utility airport, which means that it accommodates most general aviation aircraft. HMA’s airfield consists of two intersecting runways equipped with standard identification lights. The HMA has two types of aircraft hangars, conventional and T-hangars, totaling approximately 153,100 square feet. A total of six conventional hangars accommodate 16 aircraft while nine separate T-hangar buildings accommodate 75 separate aircraft. In addition to general aviation and aircraft storage, operations at the airport include aircraft maintenance, supplies, flight instruction, commercial scenic flights, and repairs.14 Operations at the HMA are overseen by a five-member Hollister Airport Commission and a part-time airport manager.15 Land uses surrounding the HMA include light industrial to the south and west and agricultural rangeland to the north and east.
As shown on Figure 4.9-2, Airport Influence Area, the HMA has an area of influence that covers the northern portion of the EIR Study Area. The ALUCP discussed in Section 4.9.1.1, Regulatory Framework, identifies land uses that are not compatible with airport land uses. Such non-compatible land uses include those used by vulnerable populations such as day cares, nursing homes or hospitals, sites that store hazardous materials that may be flammable, or sites with critical community infrastructure, such as police and fire stations or power plants.16 The light industrial and agricultural rangeland land uses surrounding the HMA are generally consistent with those that are considered appropriate in the ALUCP so long as there are no vulnerable populations susceptible to noise, flammable products, or critical facilities that may be damaged in the event of an aviation-related emergency.
4.9.2 STANDARDS OF SIGNIFICANCE
Impacts related to wildland fires are fully discussed in Chapter 4.18, Wildfire, of this Revised Draft EIR.
Therefore, the following standard is not discussed in this chapter:
Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires.
Implementation of the proposed project would result in a significant impact related to hazards and hazardous materials if it would:
1. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.
2. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.
14 County of San Benito, March 2015, 2035 San Benito County General Plan Update Revised Draft EIR, State Clearinghouse No. 2011111016, Chapter 12, Hazards and Hazardous Materials, pages 12-14. 15 City of Hollister, 2005, City of Hollister General Plan, page 4.11. 16 San Benito County Airport Land Use Commission, June 21, 2012, Hollister Municipal Airport Land Use Compatibility Plan, pages 2-24 and 2-25.
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4. Emit hazardous emissions or handle hazardous materials, substances, or waste within 0.25 miles of an existing or proposed school.
5. Be located on a site which is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the public or the environment.
6. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, result in a safety hazard or excessive noise for people residing or working in the project area.
7. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.
8. In combination with past, present, and reasonably foreseeable projects, result in a cumulative impact with respect to hazards and hazardous materials.
4.9.3 IMPACT DISCUSSION
As described in Chapter 4, Environmental Analysis, of this Revised Draft EIR, some proposed 2040 General Plan policies and actions are required as means to mitigate environmental impacts under CEQA. These policies and actions are fully enforceable at the discretion of the decision-maker through permit conditions, agreements, or other legally binding instruments. These mitigating policies and actions use the imperative “shall,” include performance criteria, and are marked with an asterisk (*).
HAZ-1 Implementation of the proposed project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.
2040 General Plan
Implementation of the proposed 2040 General Plan would facilitate potential new development, including residential, mixed-use, commercial, industrial, and recreational uses, within the EIR Study Area. Hazardous materials would be routinely used, transported, and handled throughout the EIR Study Area. Residential land uses could use common cleaning products, building maintenance products, paints and solvents, fertilizers and pesticides used in landscaping and yard care, along with other similar items. In general, these potentially hazardous materials would not be of the type to occur in sufficient quantities to pose a significant hazard to public health and safety or to the environment.
Companies in the Industrial or Commercial land use designation of the proposed 2040 General Plan could use, store, or generate hazardous materials for research, manufacturing, cleaning, or other commercial uses, and until existing agricultural uses are converted to non-agricultural uses, hazardous materials such as such as pesticides may be transported in the EIR Study Area. These commercial, industrial, and agricultural activities are subject to a variety of federal, state, and local laws, policies, and regulations, as described in Section 4.9.1.1, Regulatory Framework. All hazardous materials to be transported must remain in compliance with DOT regulations. Potential future development in the EIR Study Area would be
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subject to regulatory programs such as those overseen by RWQCB and DTSC. Nonresidential development that would require the use of hazardous materials regulated by federal, state, regional, and local agencies would issue permits for the use of the hazardous materials, which would be monitored and routinely updated by the responsible agency depending on the type of material. These agencies also require applicants for development of potentially contaminated properties to perform investigation and cleanup if the site is found to be contaminated with hazardous substances. In addition, San Benito County Health Department has responsibility in Hollister for the implementation and enforcement of hazardous material regulations as a CUPA. The San Benito County Health Department also enforces additional hazardous materials storage requirements in accordance with San Benito County Hazardous Materials Storage Ordinance and Toxic Gas Ordinance.
Potential future development that would introduce hazardous materials to a site, or that would generate hazardous waste, would be regulated pursuant to federal, state, regional, and local laws. Compliance with these regulations would minimize the potential for a significant adverse effect on the environment due to the routine use, transport, and disposal of hazardous materials. In addition, the proposed Health and Safety (HS) Element of the 2040 General Plan contains goals, policies, and actions that require local planning and development decisions to require best practices for the handling of hazardous materials as part of development. The following proposed 2040 General Plan goals, policies, and actions would serve to further minimize exposure to hazardous materials from routine transport, use, or disposal in the EIR Study Area and ensure that new development would not create a significant hazard to the public or the environment through routine transport, use, or handling of hazardous materials:
Goal HS-1: Protect community health and safety from natural and human-caused hazards. (Goal HS1) *Policy HS-1.2: Safety Considerations in Development Review. Require project applicants to prepare appropriate studies to assess identified hazards and ensure that impacts are adequately mitigated prior to project approval. (Policy HS1.2)
Policy HS-1.3: Coordination with San Benito County and Other Agencies on Safety Matters. Cooperate with the County of San Benito and other government agencies in all matters related to safety, hazardous waste management, and emergency planning. (Policy HS1.3) Goal HS-7: Protect the community’s health, safety, and welfare relating to the use, storage, transport, and disposal of hazardous materials. (new)
Policy HS-7.1: Hazardous Waste Management. Support measures to responsibly manage hazardous waste to protect public health, safety, and the environment, and support State and federal safety legislation to strengthen requirements for hazardous materials transport. (Policy HS1.13) Policy HS-7.2: Hazardous Materials Storage and Disposal. Require proper storage and disposal of hazardous materials to prevent leakage, potential explosions, fires, or the escape of harmful gases, and to prevent individually innocuous materials from combining to form hazardous substances, especially at the time of disposal. Provide the public, industry, agriculture, and local government with the available information needed to enable them to take rational and cost-effective actions to minimize, recycle, treat, dispose of, or otherwise manage hazardous wastes in the Hollister Planning Area. (Policy HS1.14)
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Policy HS-7.3: Potential Hazardous Soils Conditions. Evaluate new development prior to development approvals on sites that may contain hazardous materials. (Policy HS1.12) Policy HS-7.4: Clean-up of Sites with Hazardous Soils. Require clean-up of sites in Hollister that are contaminated with hazardous substances be cleaned through decontamination of soils and filtration of groundwater. (Implementation Measure HS.R)
Action HS-7.1: San Benito County on Hazardous Waste Management Planning Coordination.
Cooperate with the County of San Benito in implementation of the Hazardous Waste Management Plan. (Implementation Measure HS.I)
Action HS-7.2: Travel Routes for Hazardous Materials. Establish, in coordination with the County of San Benito and other government agencies, designated travel routes through Hollister for vehicles transporting hazardous materials, in accordance with State and federal regulations. (Implementation Measure HS.A)
As part of the City’s project approval process, potential future development and redevelopment would be required to comply with existing federal, state, regional, and local regulations, including the proposed 2040 General Plan goals, policies, and actions that have been prepared to minimize impacts related to hazardous materials. Specifically, proposed Policy HS-7.1, Hazardous Waste Management, requires the City to support measures to responsibly manage hazardous waste to protect public health, safety, and the environment, and support state and federal safety legislation to strengthen requirements for hazardous materials transport, and proposed Policy HS-7.2, Hazardous Materials Storage and Disposal, requires the proper storage and disposal of hazardous materials and provide the public, industry, agriculture, and local government with the available information needed to enable them to take rational and cost- effective actions to minimize, recycle, treat, dispose of, or otherwise manage hazardous wastes within the Hollister Planning Area. Furthermore, proposed Action HS-7.2, Travel routes for Hazardous Materials, requires the City to establish, in coordination with the County of San Benito and other government agencies, designated travel routes through Hollister for vehicles transporting hazardous materials, in accordance with state and federal regulations. Compliance with federal, state, regional, and local regulations and the proposed 2040 General Plan policies and actions would minimize the risk of an adverse effect on the environment, through the routine use, transport, and disposal of hazardous materials, and therefore impacts would be less than significant.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed Climate Action Plan (CAP) is a strategic plan focused on greenhouse gas (GHG) emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan.
Since the proposed CAP does not involve any land use changes that would introduce new hazards or hazardous materials, implementation of the proposed CAP would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials and impacts would be less than significant.
Significance without Mitigation: Less than significant.
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Agricultural Lands Preservation Program
The proposed Agricultural Lands Preservation Program (ALPP) is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would introduce new hazards or hazardous materials, implementation of the proposed ALPP would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials and impacts would be less than significant.
Significance without Mitigation: Less than significant.
HAZ-2 Implementation of the proposed project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.
2040 General Plan
The proposed 2040 General Plan would facilitate potential future development, including residential, mixed-use, and commercial uses, within the EIR Study Area. Some of the new development could occur on properties that possibly are contaminated and undergoing evaluation, and/or undergoing corrective action, as indicated in Table 4.9-1. Construction of new buildings and improvements could have the potential to release potentially hazardous soil-based materials into the environment during site grading and excavation operations. Likewise, demolition of existing structures could potentially result in the release of hazardous building materials (e.g., asbestos, lead-based paint) into the environment. Use of hazardous materials on newly developed properties after construction could potentially include cleaning solvents, fertilizers, pesticides, and other materials used in the regular maintenance and operation of the proposed uses. In addition, as described under Impact Discussion HAZ-1, companies within Industrial or Commercial land use designations could use, store, or generate hazardous materials for research, manufacturing, cleaning, or other commercial uses, and until existing agricultural uses are converted to non-agricultural uses, hazardous materials such as such as pesticides may be transported in the EIR Study Area.
Potential future development as a result of the proposed 2040 General Plan would be required to comply with existing regulations as part of the City’s project approval process, as described in Section 4.9.1.1, Regulatory Framework, the Stormwater Pollution Prevention Plan and Best Management Practices (see Chapter 4.10, Hydrology and Water Quality, of this Revised Draft EIR for additional details), and the proposed 2040 General Plan goals, policies, and actions listed under Impact Discussion HAZ-1. Specifically, proposed *Policy HS-1.2, Safety Considerations in Development Review, would require project applicants to prepared appropriate studies to assess identified hazards and ensure that impacts are adequately mitigated prior to project approval and proposed Policy HS-7.3, Potentially Hazardous Soils Conditions, would require project applicants to evaluate new development prior to development approvals on sites
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that may contain hazardous materials. Compliance with these proposed 2040 General Plan policies and regulations would ensure potential future development under the proposed 2040 General Plan would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; therefore, impacts would be less than significant.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. Since the proposed CAP does not involve any land use changes that would introduce new hazards or hazardous materials, implementation of the proposed CAP would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment and impacts would be less than significant.
Significance without Mitigation: Less than significant.
Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would introduce new hazards or hazardous materials, implementation of the proposed ALPP would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment and impacts would be less than significant.
Significance without Mitigation: Less than significant.
HAZ-3 Implementation of the proposed project would not emit hazardous emissions or handle hazardous materials, substances, or waste within
0.25 miles of an existing or proposed school.
2040 General Plan
Hollister School District and San Benito High School District have public schools throughout the city and there are a number of other private schools dispersed throughout the city. Accordingly, it is possible that implementation of the proposed 2040 General Plan could result in potential future development that would involve hazardous emissions or materials, either through construction or operation of new development, within 0.25 miles of an existing or proposed school. In terms of new public schools that may result from implementation of the proposed 2040 General Plan, DTSC’s School Property Evaluation and
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Cleanup Division is responsible for assessing, investigating, and cleaning up proposed school sites. The Division’s goal is to ensure that proposed school properties are ‘free’ of contamination or that they have been ‘cleaned’ to a level that protects the students and staff who will occupy the new school. School sites that will receive State funding for acquisition or construction are required to go through an environmental review and cleanup process under DTSC’s oversight.
As described under Impact Discussions HAZ-1 and HAZ-2, while some potential future development under the proposed 2040 General Plan could be reasonably expected to handle hazardous materials or generate hazardous emissions, the storage, use, and handling of these materials would be subject to existing federal, state, and local regulations. Potential future development would be required to comply with existing regulations, as described in Section 4.9.1.1, Regulatory Framework, and reiterated under Impact Discussions HAZ-1 and HAZ-2, including the proposed 2040 General Plan goals, policies, and actions that have been prepared to minimize impacts as a result of hazardous materials. Specifically, proposed *Policy HS-1.2, Safety Considerations in Development Review, and proposed Policy HS-7.3, Potentially Hazardous Soils Conditions, would require project applicants, including those within 0.25 miles of an existing or proposed school, to prepare appropriate studies to assess identified hazards and ensure that impacts are adequately mitigated prior to project approval. Compliance with these policies and federal, state, and local regulations would ensure requirements regarding use or transport of hazardous materials are met prior to construction, which includes buffer zones between schools and hazardous materials sites.
Therefore, impacts would be less than significant.
For an additional discussion about toxic air contamination emissions during construction and operation, please see Impact Discussion AIR-3 in Chapter 4.3, Air Quality , of this Revised Draft EIR. Impacts were found to be less than significant with implementation of proposed 2040 General Plan *Policy NRC-3.14, Construction Health Risk Assessment, and proposed *Policy NRC-3.15, Operational Health Risk Assessment.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. Since the proposed CAP does not involve any land use changes that would introduce new hazards or hazardous materials, implementation of the proposed CAP would not emit hazardous emissions or handle hazardous materials, substances, or waste within 0.25 miles of an existing or proposed school and impacts would be less than significant.
Significance without Mitigation: Less than significant.
Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes
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that would introduce new hazards or hazardous materials, implementation of the proposed ALPP would not emit hazardous emissions or handle hazardous materials, substances, or waste within 0.25 miles of an existing or proposed school and impacts would be less than significant.
Significance without Mitigation: Less than significant.
HAZ-4 Implementation of the proposed project could be located on a site which is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 but would not create a significant hazard to the public or the environment.
2040 General Plan
As discussed in Section 4.9.1.2 Existing Conditions, there are eight active hazardous materials sites within the EIR Study Area that are listed on databases complied pursuant to Government Code Section 65962.5.
Other EnviroStor and GeoTracker sites within the EIR Study Area are listed as “closed” or “completed – case closed,” indicating that they have been investigated and/or remediated to the satisfaction of the lead responsible agency (i.e., RWQCB, DTSC, San Benito County Health Department) based on land use at the time of closure.
The proposed 2040 General Plan would facilitate new development and redevelopment, including residential, mixed-use, commercial, parks, and recreational open spaces, within the EIR Study Area. Some of the potential future development could occur on properties that are included in the databases listed in Table 4.9-1 and shown on Figure 4.9-1. As discussed under Impact Discussions HAZ-1 through HAZ-3, construction on a site listed in the database could result in the release of potentially hazardous soil-based materials into the environment during site grading and excavation operations. Further, demolition of existing structures could potentially result in the release of hazardous building materials (e.g., asbestos, lead-based paint) into the environment. Use of hazardous materials on newly developed properties after construction could potentially include cleaning solvents, fertilizers, pesticides, and other materials used in the regular maintenance and operation of future development.
As described under Impact Discussions HAZ-1 through HAZ-3, potential future development that would occur under implementation of the proposed 2040 General Plan would be required to comply with all federal, state, regional, and local regulations regarding the safe handling, transport, disposal, and use of hazardous materials. Further, the proposed 2040 General Plan includes goals, policies, and actions that would require land planning and development decisions to reduce the impacts that potential future development with known hazardous materials, or the use of such materials, could have on the environment and the public. Specifically, proposed *Policy HS-1.2, Safety Considerations in Development Review, and proposed Policy HS-7.3, Potential Hazardous Soils Conditions, would require project applicants to evaluate new development prior to development approvals on sites that may contain hazardous materials and ensure that impacts are adequately mitigated prior to project approval. However, because hazardous materials sites exist in the EIR Study Area, as indicated in Table 4.9-1, it is possible that future development could occur on a designated hazardous materials site, which could result in the direct contact, inhalation, or ingestion of hazardous materials that could potentially cause adverse health
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impacts to construction workers, future site inhabitants, and nearby sensitive receptors. The preparation of project-specific studies required under proposed 2040 General Plan *Policy HS-1.2 and Policy HS-7.3 would require mitigation through implementation of subsequent management plans that would protect construction workers, future site inhabitants, and nearby sensitive receptors.
The severity of health effects would depend on the contaminant(s), concentration, use of personal protective equipment during construction, and duration of exposure. Site-specific investigative reports (i.e., Preliminary Endangerment Assessment, Phase I Environmental Site Assessment, or Remedial Action Workplan, etc.) for locations with known contamination would summarize soil and groundwater analytical data collected on the project site during past investigations; identify management options for excavated soil and groundwater, if contaminated media are encountered during deep excavations; and identify monitoring, irrigation, or other wells requiring proper abandonment in compliance with local, state, and federal laws, policies, and regulations. These standard investigative reports would include measures for identifying, testing, and managing soil and groundwater suspected of or known to contain hazardous materials. The site-specific investigative reports would:
Provide procedures for evaluating, handling, storing, testing, and disposing of soil and groundwater during project excavation and dewatering activities, respectively; Describe required worker health and safety provisions for all workers potentially exposed to hazardous materials in accordance with state and federal worker safety regulations; and Designate personnel responsible for implementation of site management.
For sites with potential residual contamination in soil or groundwater that are planned for redevelopment with an overlying occupied building, a soil vapor intrusion assessment would indicate the potential for significant vapor intrusion into an occupied building, project design shall include vapor controls or source removal, as appropriate, in accordance with regulatory agency requirements. Soil vapor mitigations or controls could include vapor barriers, passive venting, and/or active venting.
Compliance with applicable federal, state, and local laws and regulations regarding cleanup and reuse of a listed hazardous materials site described in Section 4.9.1.1, Regulatory Framework, and the proposed 2040 General Plan goals, policies, and actions listed under Impact Discussion HAZ-1, would ensure potential future development under the proposed 2040 General Plan would not create a significant hazard to the public or the environment; therefore, impacts would be less than significant.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. Since the proposed CAP does not involve any land use changes that would introduce new hazards or hazardous materials, implementation of the proposed CAP would not create a significant hazard to the public or the environment and impacts would be less than significant.
Significance without Mitigation: Less than significant.
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Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would introduce new hazards or hazardous materials, implementation of the proposed ALPP would not create a significant hazard to the public or the environment and impacts would be less than significant.
Significance without Mitigation: Less than significant.
HAZ-5 Implementation of the proposed project would not, for a project located within an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, result in a safety hazard or excessive noise for people residing or working in the project area.
2040 General Plan
A large portion of the EIR Study Area is within the AIA of the HMA, which is on the north side of Hollister.
The airport is operated by the City of Hollister, and is used for general aviation, which includes all aviation activities other than commercial passenger flights, commuter/air taxi, and military uses. General aviation activity typically includes single-engine and small twin-engine aircraft holding six or fewer people. The HMA is the largest and most active airport in the county. The AIA includes all areas surrounding the HMA that are affected by noise, height, and safety considerations. All development projects within the AIA must be reviewed by the San Benito County ALUC to ensure consistency with the ACLUP. The ACLUP establishes height and use restrictions for structures within the parts of the EIR Study Area that extend into the AIA.
Portions of the EIR Study Area are within the airport’s noise contours and safety zones.
In addition, the proposed Health and Safety (HS) Element contains goals, policies, and actions that require local planning and development decisions to require best practices that would not result in incompatible land uses with airport operations. The following proposed 2040 General Plan goals, policies, and action would serve to further minimize exposure to airport hazards in the EIR Study Area:
Goal HS-1: Protect community health and safety from natural and human-caused hazards. (Goal HS-1) Policy HS-1.4: Airport Safety. Avoid residential dwellings in the Aircraft Flight Zones and establish compatible land use zones around the airport consistent with the Hollister Municipal Airport Land Use Compatibility Plan. (Policy HS1.11)
Action HS-1.2: Development Review for Compatibility with the Hollister Municipal Airport Land Use Compatibility Plan. Review all development proposals in the Airport Influence Area to verify that the proposed development would not conflict with the land use guidelines established in the Hollister Municipal Airport Land Use Compatibility Plan or subsequent updates. (Implementation Measure HS.U)
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Goal HS-8: Achieve noise levels consistent with acceptable standards and reduce or eliminate objectionable noise sources. (Goal HS3)
Policy HS-8.6: Airport Noise. Review all proposed development in the Airport Influence Area to ensure that it will be compatible with operations at the Hollister Municipal Airport and applicable noise standards and regulations. (Policy HS3.7)
Goal HS-9: Protect the public’s health and safety and ensure compatible land uses with Hollister Municipal Airport operations. (new)
Policy HS-9.1: Airport Land Use Compatibility Plan. Work closely with appropriate agencies, including the San Benito County Airport Land Use Commission, to ensure compatibility of land uses with airport facilities and operations. (new)
Policy HS-9.2: Airspace Protection. Limit building heights for airspace protection in accordance with Federal Aviation Regulations Part 77. (new)
The proposed 2040 General Plan goals, policies, and actions listed would serve to further ensure that development would not interfere with any airport land use plan or otherwise create an airport-related safety hazard in the EIR Study Area. Therefore, risk to people residing or working in the EIR Study Area would be less than significant.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. Since the proposed CAP does not involve any land use changes that would introduce new hazards or hazardous materials, implementation of the proposed CAP would not result in a safety hazard or excessive noise for people residing or working in the project area and impacts would be less than significant.
Significance without Mitigation: Less than significant.
Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would introduce new hazards or hazardous materials, implementation of the proposed ALPP would not result in a safety hazard or excessive noise for people residing or working in the project area and impacts would be less than significant.
Significance without Mitigation: Less than significant.
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HAZ-6 Implementation of the proposed project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan .
2040 General Plan
As discussed in Section 4.9.1.1, Regulatory Framework, the San Benito County Office of Emergency Services is responsible for coordinating agency response to disasters or other large-scale emergencies in Hollister with assistance from the Hollister Police Department and Hollister Fire Department. The San Benito County Sheriff’s Department and San Benito County Fire Department are responsible for emergency response services in the unincorporated areas surrounding the city. The San Benito County EOP establishes policy direction for emergency planning, mitigation, response, and recovery activities within the city. The San Benito County EOP addresses interagency coordination, procedures to maintain communications with county and state emergency response teams, and methods to assess the extent of damage and management of volunteers.
Compliance with applicable federal, state, and local laws and regulations regarding emergency response or emergency evacuation, as described in Section 4.9.1.1, Regulatory Framework, would ensure potential future development under the proposed 2040 General Plan would not interfere with an adopted emergency response plan, or emergency evacuation plan. In addition, the proposed Health and Safety (HS) Element of the 2040 General Plan contains goals, policies, and actions that require local planning and development decisions to consider impacts to emergency response plans or emergency evacuation plans.
The following proposed 2040 General Plan goals, policies, and actions would serve to minimize impairment or interference of emergency plans:
Goal HS-1: Protect community health and safety from natural and human-caused hazards. (Goal HS1) *Policy HS-1.1: Location of Future Development. Permit development only in areas where potential danger to the health, safety, and welfare of the community can be adequately mitigated. This includes prohibiting development that would be subject to severe flood damage or geological hazard because of its location and/or design and that cannot be mitigated to safe levels.
Development shall also be prohibited where emergency services, including fire protection, cannot be provided. (Policy HS1.1)
Policy HS-1.3: Coordination with San Benito County and Other Agencies on Safety Matters. Cooperate with the County of San Benito and other government agencies in all matters related to safety, hazardous waste management, and emergency planning. (Policy HS1.3) Goal HS-6: Minimize potential damage to life, environment, and property through timely, well-prepared, and well-coordinated emergency preparedness response plans and programs. (new) Policy HS-6.1: Emergency Planning Document Coordination. Integrate the City’s safety and emergency management documents, including this Health and Safety Element, the San Benito County Multi- Jurisdictional Hazard Mitigation Plan, and other related documents. (new) Policy HS-6.2: San Benito County Multi-Jurisdictional Hazard Mitigation Plan. Incorporate the current San Benito County Multi-Jurisdictional Hazard Mitigation Plan into this Safety Element by reference, as
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permitted by California Government Code Section 65302.6 to ensure that emergency response and evacuation routes are accessible throughout the city. (new) Policy HS-6.3: Emergency Infrastructure and Equipment. Ensure the emergency operations center maintains a full functional state of readiness. (Policy HS2.2) Policy HS-6.4: Neighborhood Disaster Preparedness. Locate volunteer centers for emergency coordination in neighborhoods with potential for being isolated due to road closures or Public Safety Power Shutoff events. (Policy HS2.5)
Policy HS-6.5: Local Utility Cooperation. Work with local utility operators to identify if and when a Public Safety Power Shutoff event may be necessary to reduce hazard risks in Hollister and/or the surrounding area and provide due notice and resources to residents in the city to help them prepare. (new)
Policy HS-6.6: Disaster Recovery. Ensure that the City government continues to operate during and after hazard events and is able to provide resources and guidance to people and institutions in Hollister to aid them in recovery and reconstruction following the end of the hazard event. (new) Policy HS-6.7: Access for Emergency Vehicles. Provide adequate access for emergency vehicles and equipment, including providing a second means of ingress and egress to all development. (Policy HS2.4)
Policy HS-6.8: Emergency Management Coordination. Coordinate and share experience and strategies with other emergency management agencies and the private sector in State or regional efforts on disaster preparedness coordination and disaster response procedures. (new) Policy HS-6.9: Emergency Alerts. Continue to work with the County of San Benito to participate in providing alerts about potential, developing, and ongoing emergency situations through extensive early-warning and notification systems that convey information to all residents, in multiple languages and formats, to ensure it is widely accessible. (new)
Policy HS-6.10: Communication Systems. Ensure that communication systems used by emergency responders and key City staff have sufficient redundancy and resiliency to meet City needs during and after a hazard event. (new)
Policy HS-6.11: Energy Backups. As feasible, install solar energy and battery backup systems at critical public and private facilities to ensure continuation of services if the power grid is disrupted. (new) Policy HS-6.12: Public Information on Safety and Emergency Preparedness Issues. Support public education programs for the public and City staff in emergency preparedness and disaster response in cooperation with the County of San Benito. (new)
Action HS-6.2: Resilient Power Systems. Explore the feasibility of microgrids and portable batteries to provide localized energy supplies to neighborhood blocks to reduce reliance on regional power infrastructure in case of a hazard-caused power outage. (new) Action HS-6.3: Emergency Evacuation Routes. Conduct education and outreach in conjunction with the County of San Benito, through multiple formats and media, to make evacuation routes known to the public. (Implementation Measure HS.M)
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Action HS-6.4: County Emergency Plan Update. Coordinate with the County of San Benito to prepare a Hollister Emergency Operations Plan as an annex to the County’s Emergency Operations Plan, and coordinate updates no less than every five years. (Implementation Measure HS.S) Action HS-6.5: Periodic Emergency Preparedness Exercises. Participate with the County of San Benito in disaster preparedness planning and exercises. Continue providing emergency preparedness trainings to maintain and expand existing Community Emergency Response Teams (CERTs). (Implementation Measure HS.J)
Action HS-6.6: Emergency Centers. Collaborate with property owners of privately owned community gathering places (e.g., meeting houses, lodges, faith-based buildings, community centers) to evaluate which of these facilities could become cooling centers, resilience hubs, or emergency shelters that provide safe places for residents during hazard events or emergency conditions. Cooling centers and emergency shelters shall remain operational both during and after the hazard event, as needed. (new) Action HS-6.7: Emergency Operations Center. Maintain the local government ’s emergency operations center in a full functional state of readiness. (new)
Action HS-6.8: Back-up Emergency Operations Center. Designate a back-up Emergency Operations Center with communications redundancies. (new)
Action HS-6.9: Emergency Infrastructure. Ensure that traffic lights at major intersections continue to function in the event of localized power outage. Repair any damaged sets of infrastructure or equipment as needed to continue City operations. (new)
Action HS-6.10: Disaster Preparedness Training and Planning. Continue to provide essential emergency public services during natural catastrophes. Undertake disaster preparedness training and planning in cooperation with other public agencies and appropriate public-interest organizations, ensuring that all training is provided in English, Spanish, and other relevant languages in the community. (new)
Action HS-6.11: Hazard Awareness. Publicize disaster plans and promote resident awareness and caution regarding hazards, including soil instability, earthquakes, flooding, and fire. (new) Compliance with applicable federal, state, and local laws and regulations regarding emergency response or emergency evacuation, as described in Section 4.9.1.1, Regulatory Framework, and the proposed 2040 General Plan goals, policies, and actions listed above would ensure future development under the proposed 2040 General Plan would not interfere with an adopted emergency response plan or emergency evacuation plan and impacts would be less than significant.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. Since the proposed CAP does not involve any land use changes that would introduce new hazards or hazardous materials, implementation
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of the proposed CAP would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan and impacts would be less than significant.
Significance without Mitigation: Less than significant.
Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would introduce new hazards or hazardous materials, implementation of the proposed ALPP would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan and impacts would be less than significant.
Significance without Mitigation: Less than significant.
HAZ-7 In combination with past, present, and reasonably foreseeable projects, implementation of the proposed project would not result in a cumulative impact with respect to hazards and hazardous material.
As discussed in Chapter 4, Environmental Analysis, of this Revised Draft EIR, this EIR takes into account potential future development under the proposed project, in combination with impacts from projected growth in San Benito County. This chapter analyzes potential cumulative hazardous impacts that could arise from a combination of the development of the proposed project together with the regional growth in the immediate vicinity of the EIR Study Area.
2040 General Plan
As discussed previously, development allowed by the proposed 2040 General Plan would not result in significant impacts from the increased use of hazardous household materials. The proposed 2040 General Plan would not interfere with implementation of emergency response plans. In addition, potential project- level impacts associated with hazards and hazardous materials would be further reduced through compliance with the proposed 2040 General Plan goals, policies, and actions, and other local, regional, state, and federal regulations. Since impacts associated with hazardous materials and wildland fire, are, by their nature, focused on specific sites or areas, the less-than-significant impacts within the EIR Study Area from the proposed 2040 General Plan would not contribute to a cumulative increase in hazards in the immediate vicinity of the EIR Study Area or throughout the region. Therefore, the potential for cumulative impacts associated with hazards and hazardous materials would be less than significant.
Significance without Mitigation: Less than significant.
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Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. Since the proposed CAP does not involve any land use changes that would introduce new hazards or hazardous materials, the implementation of the proposed CAP would result in a less-than-significant cumulative impact with respect to hazards and hazardous materials.
Significance without Mitigation: Less than significant.
Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would introduce new hazards or hazardous materials, implementation of the proposed ALPP would result in a less-than-significant cumulative impact with respect to hazards and hazardous materials.
Significance without Mitigation: Less than significant.
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4.10 HYDROLOGY AND WATER QUALITY
This chapter of the Revised Draft Environmental Impact Report (EIR) describes the potential hydrology and water quality impacts associated with the approval and implementation of the proposed project. This chapter also describes the regulatory framework and existing conditions, identifies criteria used to determine impact significance, provides an analysis of the potential hydrology and water quality impacts, and identifies policies that could minimize any potentially significant impacts.
4.10.1 ENVIRONMENTAL SETTING
REGULATORY FRAMEWORK
Federal Regulations
Clean Water Act
The federal Water Pollution Control Act (or Clean Water Act [CWA ]) is the principal statute governing water quality. It establishes the basic structure for regulating discharges of pollutants into the waters of the United States and gives the US Environmental Protection Agency (USEPA)—or in the case of California, the State Water Resources Control Board (SWRCB) and Regional Water Quality Control Boards (RWQCBs)—authority to implement pollution control programs. The statute’s goal is to restore, maintain, and preserve the integrity of the nation’s waters. CWA regulates direct and indirect discharge of pollutants; sets water quality standards for all contaminants in surface waters; and makes it unlawful for any person to discharge any pollutant from a point source into navigable waters unless a permit is obtained under its provisions. The CWA mandates permits for wastewater and stormwater discharges; requires states to establish site-specific water quality standards; and regulates other activities that affect water quality, such as dredging and the filling of wetlands. The CWA also funded the construction of sewage treatment plants and recognized the need for planning to address nonpoint sources of pollution.
Section 402 of the CWA requires a permit for all point source (a discernible, confined, and discrete conveyance, such as a pipe, ditch, or channel) discharges of any pollutant into waters of the United States.
Under federal law, the USEPA has published water quality regulations under Volume 40 of the Code of Federal Regulations (CFR). Section 303 of the CWA requires states to adopt water quality standards for all surface waters of the United States. As defined by the CWA, water quality standards consist of two elements: (1) designated beneficial uses of the water body in question and (2) criteria that protect the designated uses. Section 304(a) requires the USEPA to publish advisory water quality criteria that accurately reflect the latest scientific knowledge on the kind and extent of all effects on health and welfare that may be expected from the presence of pollutants in water. Where multiple uses exist, water quality standards must protect the most sensitive use.
In California, the authority to either grant water quality certification or waive the requirement is delegated by the SWRCB to its nine RWQCBs. Additionally, the SWRCB and its RWQCBs are the designated authority to identify beneficial uses and adopt applicable water quality objectives. When water quality does not meet CWA standards and compromises designated beneficial uses of a receiving water body, Section
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303(d) of the CWA requires that water body be identified and listed as “impaired.” Once a water body has been designated as impaired, a Total Maximum Daily Load (TMDL) must be developed for the impairing pollutant(s). A TMDL is an estimate of the total load of pollutants from point, nonpoint, and natural sources that a water body may receive without exceeding applicable water quality standards, with a factor of safety included. Once established, the TMDL allocates the loads among current and future pollutant sources to the water body.
National Pollutant Discharge Elimination System
The National Pollutant Discharge Elimination System (NPDES) permit program was established by the CWA to regulate municipal and industrial discharges to surface waters of the United States, including discharges from municipal separate storm sewer systems (MS4s). Federal NPDES permit regulations have been established for broad categories of discharges, including point-source municipal waste discharges and nonpoint-source stormwater runoff. NPDES permits generally identify effluent and receiving water limits on allowable concentrations and/or mass emissions of pollutants contained in the discharge; prohibitions on discharges not specifically allowed under the permit; and provisions that describe required actions by the discharger, including industrial pretreatment, pollution prevention, self-monitoring, and other activities.
Under the NPDES program, all facilities that discharge pollutants into waters of the U.S. are required to obtain an NPDES permit. Requirements for stormwater discharges are also regulated under this program.
In California, the NPDES permit program is administered by the SWRCB through the nine RWQCBs. The City of Hollister lies within the jurisdiction of the Central Coast RWQCB (Region 3) and is subject to the waste discharge requirements of the General Permit for Stormwater Discharges for Phase II Small MS4s Order No. 2013-0001-DWQ (as amended by Order No. WQ 2015-0133-EXEC, Order No. WQ 2016-0069- EXEC, Order No. WQ 2017-XXXX-DWQ, Order No. WQ 2018-0001-EXEC, and Order No. WQ 2018-0007- EXEC). The City of Hollister is a traditional small MS4.
Under Provision E.12 of the NPDES permit, the co-permittees use their planning authorities to include appropriate source control, site design, and stormwater treatment measures in new development and redevelopment projects to address both soluble and insoluble stormwater runoff pollutant discharges and prevent increases in runoff flows from new development and redevelopment projects. This goal is to be accomplished primarily through the implementation of low-impact development techniques.
National Flood Insurance Program
The Federal Emergency Management Agency (FEMA) administers the National Flood Insurance Program (NFIP) to provide subsidized flood insurance to communities that comply with FEMA regulations limiting development in floodplains. FEMA also issues Flood Insurance Rate Maps (FIRMs) that identify which land areas are subject to flooding. These maps provide flood information and identify flood hazard zones in the community. The design standard for flood protection is established by FEMA. FEMA’s minimum level of flood protection for new development is the 100-year flood event, also described as a flood that has a 1- in-100 chance of occurring in any given year. According to FEMA maps, there are several portions of the EIR Study Area within a 100-year floodplain.
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Additionally, FEMA has developed requirements and procedures for evaluating earthen levee systems and mapping the areas affected by those systems. Levee systems are evaluated for their ability to provide protection from 100-year flood events, and the results of this evaluation are documented in the FEMA Levee Inventory System. Levee systems must meet minimum freeboard standards and must be maintained according to an officially adopted maintenance plan. Other FEMA levee system evaluation criteria include structural design and interior drainage.
As required by the FEMA regulations, all development constructed within the 100-year floodplain (as delineated on the FIRM) must be elevated so that the lowest floor is at or above the base flood elevation level. The term “development” is defined by FEMA as any human-made change to improved or unimproved real estate, including, but not limited to, buildings, other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and storage of equipment or materials. Per these regulations, if development in these areas occurs, a hydrologic and hydraulic analysis must be performed prior to the start of development and must demonstrate that the development does not cause any rise in base flood elevation levels, because no rise is permitted within regulatory floodways. Following completion of any development that changes existing 100-year floodplain boundaries, the NFIP directs all participating communities to submit the appropriate hydrologic and hydraulic data to FEMA for a FIRM revision, as soon as practicable, but not later than six months after such data become available.
Fish and Wildlife Coordination Act
The Fish and Wildlife Coordination Act provides the basic authority for the United States Fish and Wildlife Service (USFWS) to evaluate impacts to fish and wildlife from proposed water resource development projects. This act requires that all federal agencies consult with the USFWS, the National Marine Fisheries Service, and state wildlife agencies (i.e., the California Department of Fish and Wildlife [CDFW]) for activities that affect, control, or modify waters of any stream or bodies of water. Under this a ct, the USFWS has responsibility for reviewing and commenting on all water resources projects. For example, the USFWS would provide consultation to the USACE regarding issuance of a Section 404 permit.
If a project may result in the “incidental take” of a listed species, an incidental take permit is required. An incidental take permit allows a developer to proceed with an activity that is legal in all other respects but that results in the “incidental taking” of a listed species. A Habitat Conservation Plan (HCP) must also accompany an application for an incidental take permit. The purpose of an HCP is to ensure that the effects of the permitted action or listed species are adequately minimized and mitigated.
State Regulations
Porter-Cologne Water Quality Control Act
The Porter-Cologne Water Quality Control Act (Water Code Sections 13000 et seq.) is the basic water quality control law for California. This act established the SWRCB and divided the state into nine regional basins, each under the jurisdiction of a RWQCB. The SWRCB is the primary state agency responsible for the protection of California’s water quality and groundwater supplies. The RWQCBs carry out the regulation, protection, and administration of water quality in each region. Each regional board is required to adopt a water quality control plan or basin plan that recognizes and reflects the regional differences in
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existing water quality, the beneficial uses of the region’s ground and surface water, and local water quality conditions and problems. As described previously, Hollister is within the jurisdiction of the Central Coast RWQCB (Region 3).
The Porter-Cologne Act also authorizes the SWRCB and RWQCBs to issue and enforce waste discharge requirements (WDRs), NPDES permits, Section 401 water quality certifications, or other approvals. Other State agencies with jurisdiction over water quality regulation in California include the California Department of Health Services (DHS) for drinking water regulations, the CDFW, and the Office of Environmental Health and Hazard Assessment (OEHHA).
State Water Resources Control Board
In California, the SWRCB has broad authority over water quality control issues. The SWRCB is responsible for developing statewide water quality policy and exercises the powers delegated to the State by the federal government under the CWA. Other State agencies with jurisdiction over water quality regulation in California include the DHS for drinking water regulations, the California Department of Pesticide Regulation (DPR), CDFW, and OEHHA.
Regional authority for planning, permitting, and enforcement is delegated to the nine RWQCBs. The regional boards are required to formulate and adopt water quality control plans for all areas in the region and establish water quality objectives in the plans. The Central Coast RWQCB regulates surface water and groundwater quality in Region 3.
State Water Resources Control Board Construction General Permit In California, the SWRCB has broad authority over water quality control issues for the state. The SWRCB is responsible for developing statewide water quality policy and exercises the powers delegated to the State by the federal government under the CWA.
Construction activities that disturb one or more acres of land that could impact hydrologic resources must comply with the requirements of the SWRCB Construction General Permit (Order No. 2022-0057-DWQ), which was adopted on September 8, 2022, and will become effective on September 1, 2023. Under the terms of the permit, applicants must file Permit Registration Documents (PRD) with the SWRCB prior to the start of construction. The PRDs include a Notice of Intent, risk assessment, site map, Stormwater Pollution Prevention Plan (SWPPP), annual fee, and a signed certification statement. The PRDs are submitted electronically to the SWRCB via the Stormwater Multiple Application and Report Tracking System (SMARTS) website.
Applicants must also demonstrate conformance with applicable best management practices (BMPs) and prepare a SWPPP containing a site map that shows the construction site perimeter, existing and proposed buildings, lots, roadways, stormwater collection and discharge points, general topography both before and after construction, and drainage patterns across the project site. The SWPPP must list BMPs that would be implemented to prevent soil erosion and discharge of other construction-related pollutants that could contaminate nearby water resources. Additionally, the SWPPP must contain a weekly visual monitoring program and BMP inspections prior to, during, and after qualifying precipitation events. Water quality monitoring is also required with a schedule based on the risk level of the site.
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State Water Resources Control Board Industrial General Permit The Statewide General Permit for Stormwater Discharges Associated with Industrial Activities, Order No. 2014-0057-DWQ and amended by 2015-0122-DWQ (2018), implements the federally required stormwater regulations in California for stormwater associated with industrial activities that discharge to waters of the United States. This regulation covers facilities that are required by federal regulations or by the RWQCBs to obtain an NPDES permit. Dischargers are required to eliminate non-stormwater discharges, develop SWPPPs that include BMPs, conduct monitoring of stormwater runoff, and submit all compliance documents via the SWRCB’s SMARTS program.
State Water Resources Control Board Trash Amendments
On April 7, 2015, the SWRCB adopted an amendment to The Water Quality Control Plan for Ocean Waters of California to control trash. In addition, the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California added the section, Part 1, Trash Provisions. Together, they are collectively referred to as “the Trash Amendments.” The purpose of the Trash Amendments is to provide statewide consistency for the RWQCBs in their regulatory approach to protect aquatic life, public health beneficial uses, and reduce environmental issues associated with trash in state waters, while focusing limited resources on high trash-generating areas.1
The Trash Amendments apply to all Phase I and II permittees under the NPDES MS4 permits. Compliance with the Trash Amendments requires municipalities to install certified trash treatment control systems on all catch basins no later than December 2, 2030.2
Sustainable Groundwater Management Act of 2014
In the midst of a major drought, a three-bill legislative package consisting of Assembly Bill (AB) 1739, Senate Bill (SB) 1168, and SB 1319, collectively known as the Sustainable Groundwater Management Act (SGMA) was signed into law on September 16, 2014.3 The Governor ’s signing message states “a central feature of these bills is the recognition that groundwater management in California is best accomplished locally.” Under SGMA, in groundwater basins that are designated as medium and high priority, local public agencies and groundwater sustainability agencies (GSAs) must assess conditions in their local groundwater basins and then prepare groundwater sustainability plans (GSPs). Hollister is within the Gilroy-Hollister Valley, North San Benito Subbasin, which has been designated as a medium-priority groundwater basin and not in critical overdraft.4
1 State Water Resources Control Board, 2015. Amendment to the Water Quality Control Plan for the Ocean Waters of California to Control Trash and Part 1 Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California, dated April 7, 2015. 2 State Water Resources Control Board, 2022. Storm Water Program - Trash Implementation Program, https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_implementation.html , accessed December 22, 2022.
3 Department of Water Resources, 2022. Sustainable Groundwater Management Act (SGMA) information, https://water.ca.gov/programs/groundwater-management/sgma-groundwater-management , accessed December 22, 2022. 4 Department of Water Resources, 2022. Sustainable Groundwater Management Act (SGMA) Data Viewer, https://sgma.water.ca.gov/webgis/?appid=SGMADataViewer#boundaries , accessed December 27, 2022.
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The GSAs for the North San Benito Subbasin are the San Benito County Water District (SBCWD) and Santa Clara Valley Water District (Valley Water). A GSP for the group was prepared in November 2021 and has been adopted.5 The Department of Water Resources (DWR) is currently reviewing the plan for adequacy.6 California Water Code Section 13751: Water Wells
Section 13751 of the Water Code requires a well completion report (WCR) to be completed by each person who digs, bores, or drills a water well, cathodic protection well, groundwater monitoring well, or geothermal heat exchange well or abandons or modifies an existing well. The WCR should be filed with DWR within 60 days of the date that construction, alteration, abandonment, or destruction of a well is completed.7 Completed WCRs are sent to and maintained at the DWR regional office that serves the area where the well is located.
California Fish and Game Code
CDFW protects streams, water bodies, and riparian corridors through the streambed alteration agreement process under Sections 1600 to 1616 of the California Fish and Game Code. The Fish and Game Code stipulates that it is “unlawful to substantially divert or obstruct the natural flow or substantially change the bed, channel or bank of any river, stream or lake” without notifying the CDFW, incorporating necessary mitigation, and obtaining a streambed alteration agreement.8 CDFW’s jurisdiction extends to the top of banks and often includes the outer edge of riparian vegetation canopy cover.
Water Conservation in Landscaping Act of 2006
The Water Conservation in Landscaping Act includes the State of California’s Model Water Efficient Landscape Ordinance (MWELO), which requires cities and counties to adopt landscape water conservation ordinances. The MWELO was revised in July 2015 via Executive Order B-29-15 to address the ongoing drought and to build resiliency for future droughts. State law requires all land use agencies, which includes cities and counties, to adopt a WELO that is at least as efficient as the MWELO prepared by DWR. The 2015 revisions to the MWELO improve water savings in the landscaping sector by promoting efficient landscapes in new developments and retrofitted landscapes. The revisions increase water-efficiency standards for new and retrofitted landscapes through more efficient irrigation systems, greywater usage, and on-site stormwater capture, and by limiting the portion of landscapes that can be covered in turf.
New development projects that include landscape areas of 500 square feet or more are subject to the MWELO. Rehabilitated landscape projects with an area equal to or greater than 2,500 square feet are also
5 Todd Groundwater, 2021. North San Benito Subbasin Groundwater Sustainability Plan. Dated November 2021. 6 California Department of Water Resources, 2022. Sustainable Groundwater Management Act Portal https://sgma.water.ca.gov/portal/gsp/all , accessed December 27, 2022. 7 California Department of Water Resources, 2022. Well Completion Reports, https://water.ca.gov/Programs/Groundwater- Management/Wells/Well-Completion-Reports, accessed December 27, 2022. 8 California Fish and Game Code Section 1602.
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subject to the MWELO. This applies to residential, commercial, industrial, and institutional projects that require a permit, plan check, or design review.9
The City of Hollister adopts the MWELO Ordinance in the Hollister Municipal Code (HMC) Chapter 15.22, Water-Efficient Landscape.
Regional Regulations
Central Coastal Basin Water Quality Control Plan (Basin Plan) The City of Hollister is within the jurisdiction of the Central Coast RWQCB (Region 3). The Central Coast RWQCB addresses region-wide water quality issues through the creation and triennial update of the Water Quality Control Plan for the Central Coastal Basin (Basin Plan). The Basin Plan was adopted in 1975 and most recently amended in 2019. The Basin Plan designates beneficial uses, establishes water quality objectives, and contains implementation programs and policies to achieve those objectives for all waters designated in the Basin Plan.10 The Central Valley RWQCB also administers the Phase II Small MS4 permit for San Benito County and the municipalities within the county, including the City of Hollister. Additional information regarding this permit is provided in the previous NPDES section under the “Federal Regulations” subheading.
Central Coast RWQCB Post-Construction Stormwater Management Requirements The Central Coast RWQCB Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region (Resolution No. R3-2013-0032) provide site-specific design and runoff-reduction measures in addition to water quality treatment measures for projects that create and/or replace 2,500 square feet or more of impervious surface. 11 The primary objective of the post- construction requirements is to ensure development projects reduce pollutant discharges to the maximum extent practicable and to prevent stormwater discharges from causing or contributing to water quality standard violations under the Phase II Small MS4 permit.
North San Benito Subbasin Groundwater Sustainability Plan Two GSAs, SBCWD and Valley Water, collaborated in the preparation for the GSP for the North San Benito Subbasin. The subbasin, which encompasses Hollister, is designated as a medium-priority basin and is not in critical overdraft. The GSP, adopted in November 2021 and currently under DWR review for adequacy, describes groundwater sustainability goals for current and future uses in the subbasin to provide long-
9 California Department of Water Resources, 2015. Model Water Efficient Landscape Ordinance, https://govt.westlaw.com/calregs/Document/IBBC3BC2E5B6E11EC9451000D3A7C4BC3?viewType=FullText&originationContext= documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default), accessed December 27, 2022. 10 Central Coast RWQCB, 2019. Water Quality Control Plan (Basin Plan) for the Central Coastal Basin, https://www.waterboards.ca.gov/centralcoast/publications_forms/publications/basin_plan/ , accessed December 22, 2022. 11 Central Coast Regional Water Quality Control Board, 2013. Post-Construction Stormwater Management Requirements. http://hollister.ca.gov/wp-content/uploads/2016/10/CCRWQCB-R3-2013-0032-Post-Construction-Regulation.pdf , accessed May 1, 2020.
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term, reliable, and efficient groundwater supplies to agricultural, domestic, and municipal and industrial uses.12
Pajaro River Watershed Integrated Regional Water Management Plan The Pajaro River Watershed Integrated Regional Water Management Plan, updated in 2014, was developed by a joint partnership formed by the SBCWD, the SCVWD, and the Pajaro Valley Water Management Agency (PVWMA). The partnership’s mission is to preserve the economic and environmental wealth for the Pajaro River watershed through management of water resources in a responsible manner.
The plan lays out goals and objectives regarding water supply, water quality, flood management, and environmental enhancement for the Pajaro River watershed and the strategies to meet those objectives.
Strategies include water-use efficiency conveyance, recycled water, surface storage, groundwater, pollution prevention, watershed management, flood risk management, and urban runoff management.
The City of Hollister is one of the stakeholders that participates in planning and project generation.
Local Regulations
Hollister Municipal Code
The HMC includes various directives to minimize impacts to hydrology and water quality in Hollister. The HMC is organized by title, chapter, and section . Most provisions related to stormwater impacts are included in Title 13, Public Services; Title 15, Buildings and Construction; and Title 17, Zoning:
Chapter 13.16, Storm Drainage Fees . This chapter states that storm drainage fees are required to be paid by all landowners and are used for the construction and maintenance of the City’s storm drain system. Storm drainage fees are required to be paid prior to the issuance of a building permit or the filing of a parcel map. The collected funds are part of the development impact fees and are used solely for the construction, reconstruction, and acquisition of land for the storm drainage system.
Chapter 15.20, Flood Damage Prevention Regulations. This chapter describes the City’s rules and requirements to minimize public and private losses due to flood conditions in specific areas. Section 15.20.130, Standards of Construction. This section outlines the standards required in areas of special flood hazards during construction, including anchoring, construction materials and methods, and elevation and floodproofing.
Chapter 15.22, Water Efficient Landscape. This chapter establishes the State MWELO requirements which increase water-efficiency standards for new and rehabilitated landscapes through more efficient irrigation systems, recycled water usage, and stormwater management. Chapter 15.24, Grading and Stormwater Best Management Practices Control. This chapter describes the City’s rules and regulations to minimize land disturbance during construction, erosion and sediment control, and construction stormwater control plan (CSCP).
12 Todd Groundwater, 2021, November. North San Benito Subbasin Groundwater Sustainability Plan.
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Section 17.16.140, Stormwater Management . This section states that all new development and redevelopment is subject to the Small MS4 General Permit Order No. 2013-0001-DWQ and subsequent amendments. This section includes measures for drainage, stormwater quality, obtaining a grading permit for land disturbance, and compliance with BMPs per federal, state, regional, or City requirements.
Greater Hollister Area Draft Stormwater Resource Plan
The Stormwater Resource Plan (SWRP) is a planning document for the City of Hollister, City of San Juan Baptista, and San Benito County to identify and prioritize stormwater and dry weather runoff projects and programs, based on a watershed approach to stormwater management.13 Proposed projects within the City of Hollister include:
Stormwater upgrades at the industrial wastewater treatment plant (IWTP) to convert Pond 2 into a stormwater detention pond and construct new storm drain infrastructure to divert stormwater runoff from Apricot Lane to the IWTP, including a trash capture system. Construct new storm drain infrastructure to split flows at the existing manhole at Nash Road and Homestead Avenue to divert stormwater flows to the IWTP during the 95th percentile storm. Construct new storm drain infrastructure to split flows at the existing manhole at San Benito Street and Bundeson Drive to divert stormwater runoff to the IWTP during the 95th percentile storm event.
Install a full-capture trash system to separate debris, sediment, and hydrocarbons from stormwater at the Bridge Road outfall. This would significantly reduce the amount of pollutants that reach the San Benito River.
Construct a new underground stormwater retention/detention facility at the city ballpark on Powell Street and 7th Street to reduce flooding at Powell Street and South Street and improve stormwater quality. The project would also reduce sanitary sewer overflows at this location. Expand the City’s trash capture system to comply with the State’s Trash Amendments by installing full capture trash units upstream of outfalls to the San Benito River or Santa Ana Creek. Increase participation in the Stormwater Information Network (SIN), which is a regional group of MS4 stormwater program managers that meet routinely to participate in regional efforts, such as public education programs and pesticide/herbicide education and reduction. Join the Central Coast Ambient Monitoring Program, which is the Central Coast RWQCB’s water quality monitoring and evaluation program. The City’s goal is to reduce fecal coliform concentrations in its runoff by 10 percent over the next five years of the permit cycle and improve water quality impacts to the San Benito River and Santa Ana Creek.
13 Wallace Group, 2021, July. Greater Hollister Area Draft Storm Water Resource Plan.
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Hollister MS4 Guidance Document
The City’s MS4 Guidance Document serves to guide the City of Hollister ’s stormwater pollution prevention program under the Small MS4s Permit No. CAS000004 (Order No. 2013-0001-DWQ , as amended in 2015, 2016, and 2018).14 The guidance document serves as the City’s stormwater management plan and details the City’s adopted stormwater BMPs and measurable goals, which are more protective of water quality than the minimum requirements in the Small MS4 Permit. BMPs include construction site stormwater control, post-construction stormwater management, permittee staff training, public education and outreach, public involvement, and storm drain mapping.
Hollister Storm Drain Master Plan
The City’s Storm Drain Master Plan (SDMP) was prepared in 2011 and provides a summary of existing facilities and stormwater flows, identifies system capacity deficiencies, recommends capital improvement projects (CIPs), and conformance with existing and potential future NPDES regulations. The future system improvements described in the SDMP include pipe upgrades, new detention/retention basins, and studies of infiltration rates at existing detention ponds and stormwater basins. The plan also determines cost estimates for each of the CIPs and operation and maintenance activities.
Hollister Design Standards
The construction of storm drain systems within the City’s service area shall conform to the City’s requirements per Section 4 of the City’s Design Standards. The design standards require that runoff from storms up to the 100-year return frequency are conveyed through storm drains in a manner that protects the public from flooding hazards. Projects of 50 acres or less shall convey the 10-year storm without surcharging, flood waters shall be confined to the streets, and the 100-year storm shall be contained within the right-of-way. Drainage ponds shall conform to the City’s Ordinance No. 1177 and comply with the current RWQCB permit. The design standards also include the drainage calculation methods for the design storms, stormwater runoff quantities, and hydraulic storm drain capacities.15 Hollister Illicit Discharge Detection and Elimination Plan The Hollister Illicit Discharge Detection and Elimination (IDDE) Plan was prepared in 2015 and is pursuant to Section E.9.d, IDDE Source Investigation and Corrective Actions, and Section E.9.e, Spill Response Plan, of their Small MS4 Permit.16 The IDDE plan summarizes the City’s requirements to develop source investigation and clean-up procedures for illicit spills and discharges to the City’s MS4.
14 City of Hollister, 2014, April 24. City of Hollister MS4 Guidance Document 15 City of Hollister, November 2019. City of Hollister Design Standards/Standard Specifications, Standard Plans, http://hollister.ca.gov/government/city-departments/engineering/engineering-standards/ , accessed January 6, 2023. 16 City of Hollister, 2015. Illicit Discharge Detection and Elimination Plan. Dated October 9, 2015.
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EXISTING CONDITIONS
Regional Hydrology
Hollister is in the Pajaro Watershed (also known as the Pajaro River Watershed), which covers approximately 1,300 square miles and ultimately flows to Monterey Bay. Several subwatersheds of the Pajaro Watershed are within the EIR Study Area, as shown on Figure 4.10-1, Subwatersheds.
Most of the city and EIR Study Area are within the Tequisquita Slough subwatershed and the Bird Creek- San Benito River subwatershed. A small portion of the city and EIR Study Area is within the Upper Pajaro River subwatershed to the northwest and the eastern portion of the city and EIR Study Area is within the Santa Ana Creek subwatershed.
The Pajaro River is the largest coastal stream between San Francisco Bay and the Salinas River.17 Tributaries to the Pajaro River include the San Benito River, which flows along the western edge of the city and Santa Ana Creek, which flows along the eastern edge of the city. These waterways serve as the major routes for surface flow and drainage throughout the watershed. The flow direction is to the northwest and these creeks eventually discharge into Pajaro Creek, which flows to Monterey Bay approximately 20 miles west of Hollister.
Local Hydrology
The EIR Study Area is characterized by relatively flat land, generally sloping toward the north and northwest. The City’s storm drainage system consists of multiple networks of inlets, pipes, and detention basins that flow to the San Benito River, Santa Ana Creek, or to retention basins that percolate runoff into the groundwater basin. 18 Over 59 miles of storm drainpipes flow to one of the 20 river outfalls or to one of the three terminal retention basins in the City’s system. The City’s system does not include any stormwater pumping stations. The City also owns and operates an industrial wastewater treatment plant along the San Benito River that receives wastewater from the San Benito Foods tomato cannery in the summer and fall. During the winter, the facility is a stormwater retention pond for runoff from a 238-acre portion of the city. A more detailed discussion of the storm drain system is provided in Chapter 4.17, Utilities and Service Systems, of this Revised Draft EIR.
Groundwater Basin
The EIR Study Area is within the Hollister Management Area of the North San Benito Groundwater Basin.
The Hollister Management Area includes the Hollister Valley and adjacent uplands and includes intensive agricultural areas, rangeland, residential, and industrial uses. 19 The northern portion is drained toward Monterey Bay by the Pajaro River and its tributaries. The southern portion is drained by the San Benito River and its tributaries. Most recharge to the Hollister Management Area is derived from rainfall and
17 Pajaro River Watershed Collaborative, 2014, August. Pajaro River Watershed Integrated Regional Water Management Plan.
18 Wallace Group, 2011. City of Hollister Storm Drain Master Plan. 19 Todd Groundwater, 2021, November. North San Benito Subbasin Groundwater Sustainability Plan.
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streamflow from creeks entering the basin, including releases from Hernandez and Paicines Reservoirs to the San Benito River and releases from Pacheco Reservoir to Pacheco Creek. 20 The SBCWD has regional responsibility and authority to manage groundwater. SBCWD, working collaboratively with other agencies, has eliminated historical overdraft through importation of Central Valley Project (CVP ) water, developing and managing multiple sources of supply to address drought, establishing an active water conservation program, initiating programs to protect water quality, and improving delivered water quality to municipal customers.21 According to the 2021 GSP, groundwater conditions are sustainable in the North San Benito Groundwater Basin. 22 The City uses groundwater and imported water from the CVP for its public water supply. In 2020, groundwater accounted for approximately 32 percent of the total water supply.23 For further discussion on water supply, please refer to Chapter 4.17, Utilities and Service Systems, of this Revised Draft EIR.
Climate
The EIR Study Area experiences a semi-arid, Mediterranean climate, which consists of hot, dry summers with low humidity and very mild winters. The EIR Study Area receives about 13 inches of rain annually, which typically occurs during the five-month stretch between November and April. The winter average low temperature is about 48 degrees Fahrenheit, and the average summer high temperature is about 86 degrees Fahrenheit. 24
Water Quality
Surface water quality is affected by point source and nonpoint source pollutants. Point source pollutants are those emitted at a specific point, such as a pipe, while nonpoint source pollutants are typically generated by surface runoff from diffuse sources, such as streets, paved areas, and landscaped areas.
Point source pollutants are controlled with pollutant discharge regulations or water discharge requirements. Nonpoint-source pollutants are more difficult to monitor and control, although they are important contributors to surface water quality in urban areas.
Stormwater runoff pollutants vary based on land use, topography, the amount of impervious surface, and the amount and frequency of rainfall and irrigation practices. Runoff in developed areas typically contains oil, grease, and metals accumulated in streets, driveways, parking lots, and rooftops, as well as pesticides, herbicides, particulate matter, nutrients, animal waste, and other oxygen-demanding substances from landscaped areas. The highest pollutant concentrations usually occur at the beginning of the wet season during the “first flush,” when early rainfall flushes out pollutants that have accumulated on hardscape surfaces during the preceding dry months.
20 Todd Groundwater, 2021, November. North San Benito Subbasin Groundwater Sustainability Plan. 21 Todd Groundwater, 2019. December 2019. San Benito County Water District Annual Groundwater Report 2019. 22 Todd Groundwater, 2021. North San Benito Subbasin Groundwater Sustainability Plan. Dated November 2021. 23 Todd Groundwater, 2021. 2020 Hollister Urban Area Urban Water Management Plan. Dated July 2021. 24 Todd Groundwater, 2021. 2020 Hollister Urban Area Urban Water Management Plan. Dated July 2021.
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The Central Coast RWQCB monitors surface water quality through implementation of the Basin Plan and designates beneficial uses for surface water bodies and groundwater. The potential and beneficial uses of the surface water bodies to which stormwater from the EIR Study Area would be discharged are listed in Table 4.10-1, Designated Beneficial Uses of Surface Waters Near the EIR Study Area.
TABLE 4.10-1 DESIGNATED BENEFICIAL USES OF SURFACE WATERS NEAR THE EIR STUDY AREA Water Body Designated Beneficial Use
San Benito River MUN, AGR, PROC, IND, GWR, REC1, REC2, WARM, SPWN, FRESH, COMM San Felipe Lake MUN, AGR, GWR, REC1, REC2, WILD, COLD, WARM, MIGR, FRESH, NAV, COMM Pajaro River MUN, AGR, IND, GWR, REC1, REC2, WILD, COLD, WARM, MIGR, SPWN, FRSH, COMM Pajaro River Estuary REC1, REC2, WILD, COLD, WARM, MIGR, SPWN, BIOL, RARE, EST, COMM, SHELL Designated Beneficial Use Abbreviations:
AGR – Agricultural supply
COLD – Cold freshwater habitat
COMM – Commercial and sport fishing
FRSH – Freshwater replenishment
GWR – Groundwater recharge
IND – Industrial service supply
MIGR – Fish migration
MUN – Municipal and domestic supply
PROC – Industrial process supply
(P) = Potential beneficial use, all others
are existing beneficial uses
RARE – Preservation of rare and
REC-1 – Water contact recreation
REC-2 – Non-contact water recreation
endangered species
SPWN – Fish spawning
WARM – Warm freshwater habitat
WILD – Wildlife habitat
Source: Central Valley Regional Water Quality Control Board, June 2019. Water Quality Control Plan.
In addition to the establishment of beneficial uses and water quality objectives, another approach to improve water quality is a watershed-based methodology that focuses on all potential pollution sources and not just those associated with point sources. If a body of water does not meet established water quality standards under traditional point source controls, it is listed as an impaired water body under Section 303(d) of the CWA. For 303(d) listed water bodies, a limit is established that defines the maximum amount of pollutants that can be received by that water body. Listed impaired water bodies in the EIR Study Area and their associated pollutants of concern are presented in Table 4.10-2, Listed Impaired Water Bodies in EIR Study Area.
TABLE 4.10-2 LISTED IMPAIRED WATER BODIES IN EIR STUDY AREA Name Pollutants of Concern
San Benito River Sedimentation/Siltation, pH, Boron, E. Coli, Fecal Coliform, Specific Conductivity Source: State Water Resources Control Board, 2018, Integrated Report Map, https://www.waterboards.ca.gov/water_issues/programs/water_quality_assessment/2018_integrated_report/2018IR_map.html , accessed December 29, 2022.
Once a water body has been placed on the 303(d) list of impaired waters, states are required to develop a TMDL threshold to address each pollutant causing impairment. A TMDL defines how much of a pollutant a water body can tolerate and still meet water quality standards. A TMDL has been approved by the USEPA for sedimentation/siltation and for fecal coliform in San Benito River.
Poor groundwater quality can lead to major health problems affecting both individuals and their environment. The quality of groundwater supplied to Hollister is highly mineralized and of marginal quality for drinking and agricultural purposes.25 Because of this less-than-desirable water quality, groundwater is
25 Todd Groundwater, 2021. 2020 Hollister Urban Area Urban Water Management Plan. Dated July 2021.
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blended with CVP supply to reduce total dissolved solids and enhance water quality.26 In recent years, the percentage of groundwater supplied to the Hollister Urban Service Area has decreased from over 60 percent of the total water supply in 2015 to 32 percent of the total water supply in 2020. 27, 28 Flood Hazards
Flood Zones
FEMA identifies floodplain zones to assist cities with mitigating flooding hazards through land use planning. FEMA also outlines specific regulations for any construction within a 100-year floodplain. The 100-year floodplain is defined as an area that has a 1 percent chance of being inundated in any given year.
A map of the locations that are within the mapped FEMA 100-year floodplain is shown on Figure 4.10-2, FEMA 100-Year Flood Zones. As shown, the western boundary of the EIR Study Area is within the 100-year floodplain of the San Benito River and the northeastern area of the city east of the Hollister Municipal Airport is within the 100-year floodplain of Santa Ana Creek. In addition, there are areas immediately adjacent to Santa Ana Creek in the eastern portion of the city that are within the 100-year floodplain.
There is one levee within the EIR Study Area along the eastern side of the San Benito River. The reach is approximately 3,500 feet long and is between State Route 156 and Apricot Lane. Although this locationis protected from flooding by the presence of a levee, FEMA’s policy is to disregard any flood protection benefit provided by a levee if that levee is not certified as meeting NFIP standards for freeboard and geotechnical stability.30 There are no levees within the EIR Study Area that are currently certified.
Dam Inundation
The southwestern portion of the EIR Study Area is within the dam inundation zones for Hernandez Reservoir, which is approximately 47 miles to the southwest and Paicines Reservoir, which is about eight miles to the southwest.31 The inundation zones of these dams follow the course of the San Benito River and are shown on Figure 4.10-3, Dam Inundation Zones.32 The nearest body of water is the San Justo Reservoir, approximately two miles to the southwest. However, the inundation zone for this reservoir flows to the west and then northwest and is not within the EIR Study Area.33
26 Todd Groundwater, 2021. 2020 Hollister Urban Area Urban Water Management Plan. Dated July 2021. 27 Todd Groundwater, 2016. 2015 Hollister Urban Area Urban Water Management Plan. Dated July 2016. 28 Todd Groundwater, 2021. 2020 Hollister Urban Area Urban Water Management Plan. Dated July 2021. 30 FEMA, 2015. Levee Certification vs. Levee Accreditation. https://www.mvk.usace.army.mil/Portals/58/docs/LSAC/LeveeCertification.pdf , accessed February 22, 2023. 31 California Department of Water Resources, 2022. California Dam Breach Inundation Maps, https://fmds.water.ca.gov/maps/damim/ , accessed December 29, 2022. 32 The inundation zone for the Hernandez Dam encompasses the smaller Paicines Dam inundation area. Therefore, only the inundation zone for the Hernandez Dam is depicted on Figure 4.10-3, Dam Inundation Zones. 33 County of San Benito, 2015. Multi-Jurisdiction Local Hazard Mitigation Plan for County of San Benito Operational Area.
Dated August 2015.
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There are no state or local restrictions for development in dam inundation zones; however, each dam owner is required to prepare an emergency action plan (EAP) and coordinate its response to a dam incident with local authorities. The EAP is required to include warning and notification procedures that would involve the Standard Emergency Management System (SEMS), the San Benito County Sheriff’s Department, San Benito Office of Emergency Services, and the Hollister Fire Department.
Seiches
A seiche is an oscillation of a body of water in an enclosed or semi-enclosed basin, such as a reservoir, harbor, lake, or storage tank. Seiches can be created by winds, earthquakes, or tsunamis. Bodies of water such as reservoirs, ponds, lakes, or large aboveground storage tanks can experience seiche waves up to several feet in height during a strong earthquake. The water sloshes back and forth until the wave motion is dampened by friction.
There are no large open bodies of water within the EIR Study Area that could trigger a seiche. The City’s water system includes two aboveground water tanks (2 million gallons and 3.5 million gallons) that could result in seiches in the event of an earthquake.34 However, the tanks are constructed to withstand seismic events and would not result in failure that would cause significant flooding or result in the release of pollutants. The nearest body of water is the San Justo Reservoir, approximately two miles to the southwest. A seiche at San Justo Reservoir would cover a much smaller area than a catastrophic failure of the dam. Since the dam inundation zone for San Justo Reservoir does not reach the EIR Study Area, then a seiche associated with the San Justo Reservoir also would not impact the EIR Study Area.
Tsunami
A tsunami is a series of traveling ocean waves generated by a rare, catastrophic event, including earthquakes, submarine landslides, and submarine or shoreline volcanic eruptions. The EIR Study Area is approximately 20 miles from the ocean and therefore is not at risk of flooding from a tsunami.
4.10.2 STANDARDS OF SIGNIFICANCE
Implementation of the proposed project would result in a significant hydrology and water quality impact if it would:
1. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality.
2. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin.
3. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner that would:
i) Result in substantial erosion or siltation on- or off-site;
34 City of Hollister, 2018. Final Water Distribution System Master Plan, prepared by Wallace Group. Dated August 2018.
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ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site;
iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) Impede or redirect flood flows.
4. Risk release of pollutants due to project inundation if in a flood hazard, tsunami, or seiche zones.
5. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.
6. In combination with past, present, and reasonably foreseeable projects, result in a cumulative impact with respect to hydrology and water quality.
4.10.3 IMPACT DISCUSSION
As described in Chapter 4, Environmental Analysis, of this Revised Draft EIR, some proposed 2040 General Plan policies and actions are required as means to mitigate environmental impacts under CEQA. These policies and actions are fully enforceable at the discretion of the decision-maker through permit conditions, agreements, or other legally binding instruments. These mitigating policies and actions use the imperative “shall,” include performance criteria, and are marked with an asterisk (*).
HYD-1 Implementation of the proposed project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality.
2040 General Plan
Construction Impacts
Buildout of the proposed 2040 General Plan would involve soil disturbance that could generate pollutants affecting stormwater. Clearing, grading, excavation, and construction activities associated with the proposed 2040 General Plan have the potential to impact water quality through soil erosion and increasing the amount of silt and debris carried in runoff. Additionally, the use of construction materials, such as fuels, solvents, and paints, may present a risk to surface water quality. Finally, the refueling and parking of construction vehicles and other equipment on-site during construction may result in oil, grease, or related pollutant leaks and spills that may discharge into the storm drain system.
To minimize these potential impacts, future development pursuant to the proposed 2040 General Plan that disturbs one or more acres of land would require compliance with the Construction General Permit (CGP) Water Quality Order 2022-0057-DWQ, which includes the preparation and implementation of a SWPPP. A SWPPP requires the incorporation of BMPs to control sediment, erosion, and hazardous materials contamination of runoff during construction and prevent contaminants from reaching receiving water bodies. The CGP also requires that prior to the start of construction activities, the project applicant must file PRDs with the SWRCB, which includes a Notice of Intent, risk assessment, site map, annual fee,
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signed certification statement, and a SWPPP. The PRDs are submitted electronically to the SWRCB via the SMARTS website.
The construction contractor is required to maintain a copy of the SWPPP at the site and implement all construction BMPs identified in the SWPPP during construction activities. Prior to the issuance of a grading permit, the project applicant is required to provide proof of filing of the PRDs with the SWRCB.
Categories of potential BMPs that would be implemented are described in Table 4.10-3, Construction Best Management Practices to Prevent Erosion.
TABLE 4.10-3 CONSTRUCTION BEST MANAGEMENT PRACTICES TO PREVENT EROSION Category Purpose Examples
Erosion Controls and Wind
Erosion Controls
Use project scheduling and planning
to reduce soil or vegetation
disturbance (particularly during the
rainy season)
Prevent or reduce erosion potential
by diverting or controlling drainage
Prepare and stabilize disturbed soil
areas
Scheduling, preservation of existing vegetation,
hydraulic mulch, hydroseeding, soil binders, straw
mulch, geotextile and mats, wood mulching, earth
dikes and drainage swales, velocity dissipation
devices, slope drains, streambank stabilization,
compost blankets, soil preparation/roughening, and
non-vegetative stabilization
Sediment Controls Filter out soil particles that have been detached and transported in
water
Silt fence, sediment basin, sediment trap, check
dam, fiber rolls, gravel bag berm, street sweeping
and vacuuming, sandbag barrier, straw bale barrier,
storm drain inlet protection, manufactured linear
sediment controls, compost socks and berms, and
biofilter bags
Wind Erosion Controls Apply water or other dust palliatives to prevent or minimize dust nuisance
Dust control soil binders, chemical dust
suppressants, covering stockpiles, permanent
vegetation, mulching, watering, temporary gravel
construction, synthetic covers, and minimization of
disturbed area
Tracking Controls Minimize the tracking of soil offsite by vehicles
Stabilized construction roadways and construction
entrances/exits, and entrance/outlet tire wash
Non-Stormwater
Management Controls
Prohibit discharge of materials other
than stormwater, such as discharges
from the cleaning, maintenance, and
fueling of vehicles and equipment
Conduct various construction
operations, including paving,
grinding, and concrete curing and
finishing, in ways that minimize non-
stormwater discharges and
contamination of any such
discharges
Water conservation practices, temporary stream
crossings, clear water diversions, illicit
connection/discharge, potable and irrigation water
management, and the proper management of the
following operations: paving and grinding,
dewatering, vehicle and equipment cleaning, fueling
and maintenance, pile driving, concrete curing,
concrete finishing, demolition adjacent to water,
material over water, and temporary batch plants
Waste Management and
Controls (i.e., good
housekeeping practices)
Manage materials and wastes to
avoid contamination of stormwater
Stockpile management, spill prevention and control,
solid waste management, hazardous waste
management, contaminated soil management,
concrete waste management, sanitary/septic waste
management, liquid waste management, and
management of material delivery storage and use
Source: Compiled by PlaceWorks from information provided in the California Stormwater Quality Association’s Construction Best Management Practices Handbook.
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Submittal of the PRDs and implementation of the SWPPP throughout the construction phase of development pursuant to the proposed 2040 General Plan will address anticipated and expected pollutants of concern from construction activities. Furthermore, future projects would abide by the requirements of HMC Chapter 15.24 described in Section 4.10.1.1, Regulatory Framework, which describes the City’s rules and regulations to control land disturbance, erosion and sediment control, and preparation of a construction stormwater control plan), which is prepared for review and approval by the City. As a result, water quality impacts associated with construction activities would be less than significant.
Operational Impacts
With the land use designation changes under the proposed 2040 General Plan, future development may result in long-term impacts to the quality of stormwater and urban runoff, subsequently impacting downstream water quality in San Benito River and/or Santa Ana Creek. Developments can potentially create new sources for runoff contamination through changing land uses. Therefore, development within the EIR Study Area as a whole may have the potential to increase the post-construction pollutant load of certain constituent pollutants associated with the proposed land uses and features, such as landscaping.
To help prevent long-term impacts associated with land use changes and in accordance with the requirements of the Phase II Small MS4 permit (Order No. 2013-0001-DWQ, last amended in 2018), new development and significant redevelopment projects must incorporate low-impact development (LID) site design and BMPs to address post-construction stormwater runoff. Projects that involve the creation and/or replacement of 2,500 square feet or more of impervious surfaces would trigger the implementation of site design measures to reduce stormwater runoff, pursuant to the City’s MS4 Guidance Document. In addition, stormwater treatment measures are required to temporarily detain site runoff for regulated projects that create or replace 5,000 square feet or more of impervious surface.
Stormwater treatment BMPs also provide water quality benefits by removing pollutants from stormwater runoff prior to discharge to the storm drain system.
Regulated projects would be required to submit a Stormwater Control Plan (SCP) to the City’s Engineering Department prior to the issuance of grading permits. The SCP must comply with HMC Section 17.16.140, the requirements of the Phase II Small MS4 permit, and the City’s MS4 Guidance Document. Since the proposed 2040 General Plan does not include specific or detailed development plans, SCPs are not required at this time but will be required as new development projects are undergoing City review.
As part of the statewide mandate to reduce trash within receiving waters, Hollister is required to adhere to the requirements of the California Trash Amendments. The requirements include the installation and maintenance of trash screening devices at all public curb inlets, grate inlets, and catch basin inlets. The trash screening devices must be approved by the local agency and consistent with the minimum standards of the trash TMDL.
Additionally, all development pursuant to the proposed 2040 General Plan shall comply with the requirements of the HMC and the IDDE Plan, which prohibits illicit connections to the storm drainage system and forbids prohibited discharges. All development that discharges stormwater associated with industrial activity shall also comply with the requirements of the General Industrial Permit (Order No.
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2014-0057-DWQ, last amended in 2018). HMC Section 17.16.140 requires compliance with BMPs for new or significant redevelopment projects, subject to approval by the City and in accordance with the Phase II Small MS4 Permit.
The proposed Community Services and Facilities (CSF) and Natural Resources and Conservation (NRC) Elements of the 2040 General Plan contain goals, policies, and actions that require local planning and development decisions to consider impacts to water quality. The following proposed 2040 General Plan goals, policies, and actions would serve to minimize potential adverse impacts on water quality and stormwater discharge:
Goal CSF-1: Provide an adequate level and maintenance of public services and facilities to ensure the continued health, education, welfare, and safety of all residents and businesses. (Goal CSF4) Policy CSF-1.3: Infrastructure Planning. Require the preparation of a specific plan, financing plan, development agreement, creation of a Communities Facilities District, or another similar document or financing vehicle, as a pre-condition to annexation or redesignations of land for new urban use.
The plans shall identify means to ensure adequate funding to support construction of all needed public facilities, including water, sewer, storm drainage, roads, sidewalks, parks, and school facilities. (Policy CSF1.6)
Policy CSF-1.6: Development Fees. Review the existing development fee structure, including the infrastructure connection fees, every two years and restructure as needed. (Policy LU2.1) Policy CSF-1.7: Capital Improvements Maintenance and Replacement. Ensure that the City’s Capital Improvement Program is coordinated with responsible districts and agencies and provides for ongoing, preventative maintenance of infrastructure facilities and the replacement of City equipment. (Policy CSF1.5)
Policy CSF-1.8: Capital Improvements Program. Conduct reviews of the Capital Improvements Program (CIP) at least every five years and add budget for transportation, infrastructure, and public facility improvements as funding sources are identified. (Implementation Measure LU.P) Goal CSF-3: Provide adequate stormwater facilities. (Goal CSF3) Policy CSF-3.1: Adequate Drainage Facilities. Require project developers to provide adequate storm drains for stormwater runoff. Proposed development projects must include adequate provisions to accommodate peak flows, shall not significantly impact downstream lands, and shall avoid impacts on riparian vegetation. (Policy CSF3.1)
Policy CSF-3.2: Stormwater Capture. Encourage stormwater capture and encourage, when feasible and cost-effective, on-site rainwater catchment for new and existing development. (new) Action CSF-3.1: Identification of Drainage System Improvements. Establish a program for drainage system improvements that would include, but not be limited to, the following:
1. Continual monitoring of areas with insufficient drainage and implementation of any necessary improvements.
2. Construction of new system improvements to improve storm drainage performance.
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3. Evaluation of stormwater volumes when replacing undersized or otherwise inadequate lines with larger or parallel lines.
4. Establishing development guidelines to protect areas that are particularly susceptible to erosion and sediment loss.
5. Compliance with the NPDES requirements. (Implementation Measure CSF.P) Action CSF-3.2: Drainage Channels and Culverts. Create a program to inspect all active drainage channels and culverts associated with subdivisions and large-scale developments for accumulated sediment during construction, post-construction, and on an ongoing basis. If the inspections indicate that sediment accumulation has occurred, then these drainage structures should be cleared of debris and sediment. (Implementation Measure CSF.HH)
Goal NRC-1: Ensure enhanced habitat for native plants and animals, and protection for culturally significant and special-status species. (Goal NRC1)
Policy NRC-1.1: Protection of Environmental Resources. Protect or enhance environmental resources, such as wetlands, creeks and drainage-ways, sensitive natural communities, and habitat for special- status species. (Policy NRC1.1)
Policy NRC-1.12: Riparian Habitat. Maintain existing riparian areas in their natural state to provide for wildlife habitat, groundwater percolation, water quality, aesthetic relief, and recreational uses that are environmentally compatible with wetland preservation. (Policy NRC1.5) *Policy NRC-1.13: Wetland Preservation. Require appropriate public and private wetlands preservation, restoration, and/or rehabilitation through compensatory mitigation in the development process for unavoidable impacts. Continue the City’s practice of requiring mitigation for projects that would affect wetlands in conjunction with requirements of state and federal agencies. (Implementation Measure NRC.V and Policy NRC1.5)
Policy NRC-1.16: Enhancement of Creeks and Drainageways. Support enhancement of drainageways to improve their function as wildlife habitat, wildlife corridors, and storm drainage facilities. Require setbacks, creek enhancement, and associated riparian habitat restoration/creation for projects adjacent to creeks to maintain storm flows, reduce erosion and maintenance needs, and improve habitat values. Require all new structures and paved surfaces to be set back from wetlands and creeks. Exceptions may be granted under extenuating circumstances and if also approved by responsible resource agencies. (Policy NRC1.6)
Goal NRC-5: Protect and improve water quality in and around Hollister. (new) Policy NRC-5.1: Local, State, and Federal Standards for Water Quality. Continue to comply with local, state, and federal standards for water quality. (Policy CSF3.3) Policy NRC-5.2: Proper Disposal of Pollutants. Continue to promote proper disposal of pollutants to the sanitary sewer or hazardous waste facilities rather than to the storm drainage system. (Implementation Measure CSF.U)
Policy NRC-5.3: Water Quality at the Wastewater Treatment Plant. Monitor the wastewater treatment plant to ensure that nitrate levels stay within legal limits. (Implementation Measure CSF.EE)
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Policy NRC-5.4: Groundwater Quality. Ensure groundwater quality is maintained at a satisfactory level. (new)
Action NRC-5.1: Well and Ditch Tail Water Tests. Develop procedures requiring developers to conduct well and ditch tail water tests and to implement appropriate actions to protect public health and safety associated with the presence of herbicides, pesticides, and other chemicals that have the potential to pollute groundwater and cause health risks. (Implementation Measure CSF.H) Action NRC-5.2: Pesticide and Fertilizer Management. Encourage the appropriate reduction of pesticides and fertilizers to the maximum extent feasible on City property. Ensure that the application of pesticides on City property is accomplished in accordance with all applicable rules and regulations. (Implementation Measure CSF.L)
Action NRC-5.3: Water Quality Source Control Program. Develop guidelines for a water quality source control program that incorporates public education, planning, management, material use and disposal controls, spill prevention and cleanup, street sweeping, and sewer maintenance. (Implementation Measure CSF.S)
Action NRC-5.4: Water Quality Education Programs. Develop a public information and education program to enhance water quality. Such a program may include storm drain stenciling, presentations to schools and community groups, and watershed planning efforts. (Implementation Measure CSF.T) Action NRC-5.5: Water Pollution Prevention Program. Develop an illicit discharge elimination program that will seek to eliminate illegal connections to the storm drain system and the illegal dumping of toxic materials into the storm drain system. Include requirements for contractors to comply with accepted stormwater pollution prevention planning practices for all projects subject to erosion potential, and continue to require the proper use, storage, and disposal of on-site materials. (Implementation Measure CSF.U)
Although new storm drain facilities are planned with buildout of the proposed 2040 General Plan, the construction of these facilities would not cause significant environmental impacts to water quality.
Therefore, with the implementation of the proposed 2040 General Plan goals, policies, and actions, in conjunction with state and local regulatory requirements and compliance of the City’s MS4 Guidance Document, potential future development would not violate water quality standards or waste discharge requirements for both construction and operational phases, and impacts would be less than significant.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed Climate Action Plan (CAP) focused on greenhouse gas (GHG) emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan and includes policies and plans for reducing these emissions in the water and wastewater sectors. However, there are no sections in the proposed CAP that specifically address water quality other than policies to increase park space and tree plantings and vegetation, which will reduce the volume of stormwater runoff.
Furthermore, the proposed CAP does not involve any land use changes that would introduce new
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development that would affect hydrology and water quality. Therefore, implementation would likely be beneficial and would result in a less-than-significant impact on water quality.
Significance without Mitigation: Less than significant.
Agricultural Lands Preservation Program
The proposed Agricultural Lands Preservation Program (ALPP) is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Conversion of agricultural lands to urban uses would involve soil disturbance that could generate pollutants affecting stormwater and impact water quality through soil erosion and increasing the amount of silt and debris carried in runoff. Any future development that converts more than one acre of agricultural land would require compliance with the CGP Water Quality Order 2022-0057-DWQ, which includes the preparation and implementation of a SWPPP. A SWPPP requires the incorporation of BMPs to control sediment, erosion, and hazardous materials contamination of runoff during construction and prevent contaminants from reaching receiving water bodies. Future projects would abide by the requirements of HMC Chapter
15.24, which describes the City’s rules and regulations to control land disturbance, erosion and sediment control, and preparation of a construction stormwater control plan (i.e., SWPPP), which is prepared for review and approval by the City. Furthermore, all development in the EIR Study Area shall comply with the requirements of the HMC, the Phase II Small MS4 permit requirements, and the City’s MS4 guidance document, which would result in less-than-significant impacts during the operational phases of these projects. Regulated projects would require submittal of an SCP that outlines the BMPs and LID features that would minimize stormwater runoff and enhance water quality.
Therefore, in conjunction with state and local regulatory requirements and compliance of the City’s MS4 Guidance Document, the implementation of the proposed ALPP would not violate water quality standards or waste discharge requirements for both construction and operational phases, and impacts would be less than significant.
Significance without Mitigation: Less than significant.
HYD-2 Implementation of the proposed project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin.
2040 General Plan
Implementation of the proposed 2040 General Plan would result in a significant environmental impact if it would substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level.
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New development under the proposed 2040 General Plan could result in an increase in impervious surfaces, thus reducing groundwater recharge.
Groundwater Use
As described in Section 4.10.1.2, Existing Conditions, Hollister uses both imported water from CVP and groundwater from the San Benito Groundwater Basin for its public water supply. The primary source of water is imported water; groundwater accounted for about 32 percent of the water supply in 2020.
According to the City’s 2020 UWMP, the projected water supplies in 2040 can meet future water demand.
As described in Impact Discussion UTIL-1 in Chapter 4.17, Utilities and Service Systems, of this Revised Draft EIR, the water demand for implementation of the proposed 2040 General Plan was estimated to be an additional 1,776 acre-feet per year (AFY). Adding this increase to the existing demand results in a water demand of 6,861 AFY, which is less than the projected water demand presented in the 2020 UWMP of 9,944 AFY for the residential, commercial, and industrial land use categories.
As documented in the GSP, the San Benito Groundwater Basin is not in overdraft and even during the drought year of 2011-2022, groundwater levels and storage reserves were above the minimum thresholds that are protective of sustainable groundwater.35 During the water year 2021-2022, municipal and industrial groundwater pumping decreased by 4 percent during drought conditions. Therefore, development under the proposed 2040 General Plan would not significantly impact groundwater supplies.
Additionally, future development pursuant to the proposed 2040 General Plan would be required to implement the water-efficient requirements specified in the CALGreen and California Plumbing Codes and the MWELO requirements for water-efficient landscaping. Future projects under the proposed 2040 General Plan that meet the criteria under California Water Code Section 10912 would be required to prepare a Water Supply Assessment (WSA) that demonstrates that project water demands would not exceed water supplies. In addition, residential, commercial, and industrial water usage can be expected to decrease in the future as a result of the implementation of water conservation practices through the extensive programs offered by the local water agencies.
Groundwater Recharge
According to the 2021 GSP, groundwater conditions are sustainable in the North San Benito Groundwater Basin.36 The SBCWD, in collaboration with other water agencies, has eliminated historical overdraft of the groundwater basin through increased importation of CVP water and ongoing water conservation programs. As discussed previously, the latest SBCWD groundwater assessment shows that the North San Benito Groundwater Basin is meeting its groundwater sustainability goals, even in the midst of drought conditions.
New projects developed pursuant to the proposed 2040 General Plan will be required to implement BMPs and LID measures to improve groundwater recharge. The City’s MS4 Guidance Document implements the
35 San Benito County Water District, 2022. San Benito County Water District Annual Groundwater Assessment. 36 Todd Groundwater, 2021. North San Benito Subbasin Groundwater Sustainability Plan. Dated November 2021.
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E.12 Post-Construction Measures in the Phase II Small MS4 Permit requiring site design measures, source control measures, LID standards, and hydromodification measures that must be implemented and approved by the City. These measures would minimize the impact of impervious areas and increase the potential for groundwater recharge by including pervious pavements and drainage to landscaped areas and retention/detention areas in new development projects.
The proposed Community Services and Facilities (CSF) Element of the 2040 General Plan contain goals, policies, and actions that require local planning and development decisions to consider impacts to hydrology and runoff. In addition to the proposed 2040 General Plan goals, policies, and actions listed under Impact Discussion HYD-1, the following 2040 General Plan goals, policies, and actions would also serve to minimize potential adverse impacts to groundwater:
Goal CSF-2: Plan for adequate water and sewer facilities. (Goal CSF2) Policy CSF-2.2: Development Areas. Encourage development in those portions of the Hollister Sphere of Influence that are already served by the local water supply and wastewater systems or to which water supply and wastewater systems can reasonably be extended. (Policy CSF2.4) Policy CSF-2.4: Water Supply Management. Manage the water supply in a way that is environmentally and economically sustainable by working with local, regional, and statewide agencies to establish policies that promote water-use efficiency programs, including recycled water programs, to support the expanded use of recycled water in Hollister. (new)
Policy CSF-2.5: Provision of Water Service to New Development. Require developers who will require water service for their projects to apply to the City of Hollister for service. (Policy CSF2.6) Policy CSF-2.6: Water Conservation Measures. Require water-conserving practices and features, including water-efficient fixtures, in all new construction, in accordance with State law. (Policy CSF2.7) Policy CSF-2.7: Use of Recycled Water. Increase the use of recycled water in development projects and landscaping and implement best practices (e.g., dual plumbing) to expand recycled water use when safe, practical, and available. (new)
Policy CSF-2.8: Water Resources Association of San Benito County Coordination. Coordinate with the Water Resources Association of San Benito County to identify and implement countywide strategies to conserve water. (Implementation Measure CSF.V)
Policy CSF-2.9: Water Conservation Education. Educate the community about the challenges to the water supply system and the need for responsible water management. (new) Policy CSF-2.10: Water and Sewer Connections in City Limits. Require all development that will use City water and wastewater services to be in the City Limits, with the exception of a public health or safety threat, in accordance with State law. (new)
Policy CSF-2.11: Identification of Opportunities for Water Recycling. Support the extension of recycled water distribution infrastructure and identify opportunities for the use of recycled water where available. (Implementation Measure CSF.Q)
Policy CSF-2.12: Urban Water Management Plans. Ensure that updates to the Urban Water Management Plan maximize water conservation and reuse to fulfill the City’s water supply needs.
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Consider projected water supplies in updated Urban Water Management Plans as part of each Major Review of the 2040 General Plan. (new)
Action CSF-2.1: Water Efficiency Strategies. Adopt citywide policies that encourage or require new and existing development to incorporate measures to reduce potable water demand and/or increase water efficiency. (new)
Action CSF-2.2: Sunnyslope County Water District Coordination. In cooperation with the Sunnyslope County Water District, develop implementation plans to:
1. Phase the construction of additional water storage reservoirs to match increases in local water demand.
2. Add new wells in accordance with current capital improvement plans to ensure adequate safe pumping supply to meet peak-day demand for water (Implementation Measure CSF.G) Action CSF-2.3: Water Resource Data Sharing. Exchange water resources data with the Sunnyslope County Water District to allow for responsible decisions regarding water supply development and land use planning. (Implementation Measure CSF.G)
Action CSF-2.4: Requirements for Water Conservation in New Development. Identify, evaluate, and establish requirements for project developers to reduce water usage, such as installing water-efficient fixtures, planting drought-tolerant landscaping, including dual water lines for residential projects (one for clear water and the other for the recirculation of graywater), and limiting golf course irrigation (if applicable) to conserve water and prevent further groundwater drawdown. (Implementation Measure CSF.I)
Action CSF-2.5: Hollister Urban Water and Wastewater Master Plans. Update the Urban Water and Wastewater Master Plans to be consistent with the population, employment, and other growth projections of this General Plan, in compliance with State law requirements for future water supplies. (Implementation Measure CSF.F)
Action CSF-2.6: Data on Sewer and Water System Capacity. Establish the extent and capacity of the existing water supply systems and the wastewater collection, treatment, and disposal system, and update this information on a regular basis in coordination with the Sunnyslope County Water District and San Benito County Water District. This information is to be used by the Planning Commission and the City Council to evaluate the impacts on sanitary sewerage facilities, which would result from proposed development. (Implementation Measure CSF.DD)
Action CSF-2.7: Landscape Water Conservation Education Program. Continue to work with the San Benito County Water Resources Association to educate property managers, homeowners, and designers about water-conserving landscaping and water-recycling best practices. (Implementation Measure CSF.M)
Action CSF-2.8: Recycled Water Incentives. Develop incentives to encourage the use of recycled water. (new)
New policies enacted under the proposed 2040 General Plan include working with local water agencies and assessing growth projections to be consistent with the adopted UWMP. The Sunnyslope County Water
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District is working to implement projects that would increase groundwater storage to match increases in local water demand.
In summary, the proposed 2040 General Plan would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. In addition, compliance with the HMC requirements for new construction and water-efficient landscaping and the proposed 2040 General Plan goals, policies, and actions listed would, with respect to groundwater recharge, result in less-than-significant impacts.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. The proposed CAP provides estimates of GHG emissions in the water and wastewater sectors and accounts for the increase in emissions with implementation of the proposed 2040 General Plan as both residential and employment populations increase. It also provides reduction strategies to minimize this increase in GHG emissions through water conservation, water efficient retrofits, water-wise landscaping, and graywater and recycled water programs. Implementation of the proposed CAP would further reduce water demand as compared to the analysis provided above (and provided in Chapter 4.17, Utilities and Service Systems, of this Revised Draft EIR). Furthermore, the proposed CAP does not involve any land use changes that would introduce new development that would affect hydrology and water quality. Therefore, impacts to groundwater supply and recharge are less than significant.
Significance without Mitigation: Less than significant.
Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. The conversion of agricultural land to urban land uses is accounted for in the water demand and supply analysis provided previously (and in Chapter 4.17, Utilities and Service Systems, of this Revised Draft EIR). The agricultural conservation easements would be supplied by irrigation water from the SBCWD’s San Felipe Water, which is provided by the US Bureau of Reclamation. The irrigation water is not part of the City’s or SSCWD’s water distribution system and therefore would not impact local groundwater supply or recharge. Therefore, implementation of the proposed ALPP would be less than significant.
Significance without Mitigation: Less than significant.
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HYD-3 Implementation of the proposed project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: (i) result in substantial erosion or siltation on- or off-site; (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or (iv) impede or redirect flood flows.
2040 General Plan
Erosion and Siltation
New development or redevelopment within the EIR Study Area and changes in land use could result in an increase in impervious surfaces. This, in turn, could result in an increase in stormwater runoff, higher peak discharges to storm drainage channels, and the potential to exacerbate creek bank erosion or cause destabilizing channel incision.
All potential future development pursuant to the proposed 2040 General Plan would be required to implement construction-phase BMPs as well as post-construction site design, source control measures, and treatment controls in accordance with the requirements of the CGP, the City’s MS4 Guidance Document, the Greater Hollister Area SWRP currently in development, and the Phase II Small MS4 Permit.
Typical construction BMPs include silt fences, fiber rolls, catch basin inlet protection, water trucks, street sweeping, and stabilization of truck entrance/exits. Each new development or redevelopment project that disturbs one or more acre of land would be required to prepare and submit a SWPPP to the SWRCB that describes the measures to control discharges from construction sites. The SWPPP must list BMPs that would be implemented to prevent soil erosion and discharge of other construction-related pollutants that could contaminate nearby water resources.
Once potential future development projects have been constructed, there are Provision E.12 requirements in the Phase II Small MS4 permit for new development or redevelopment projects that must be implemented and include site design measures, source-control measures, LID, and treatment measures that address stormwater runoff and would reduce the potential for erosion and siltation. Site design measures include limits on clearing, grading, and soil compaction; minimizing impervious surfaces; conserving the natural areas of the site as much as possible; and protecting slopes and channels from erosion. LID measures include the use of permeable pavements, directing runoff to pervious areas, and the construction of bioretention areas. Compliance with these regional and local regulatory requirements will ensure that erosion and siltation impacts from new development and redevelopment projects would be less than significant.
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Flooding On- or Off-Site
New development and/or redevelopment and changes in land uses could result in an increase in impervious surfaces, which in turn could result in an increase in stormwater runoff, higher peak discharges to the storm drain system, and the potential to cause nuisance flooding in areas without adequate drainage facilities. However, all potential future development must comply with the requirements of the Phase II MS4 Permit, City’s MS4 Guidance Document, and the Greater Hollister Area SWRP currently in development. Regulated projects must implement BMPs, including LID BMPs and site design BMPs, which effectively minimize imperviousness, retain or detain stormwater on-site, decrease surface water flows, and slow runoff rates. Projects that create and/or replace one acre or more of impervious surfaces must implement hydromodification management, which requires that post-project runoff flow rates do not exceed the pre-project flow rate for the 2-year, 24-hour storm event. Adherence to these regulatory requirements would minimize the amount of stormwater runoff from new development and redevelopment within the EIR Study Area. Therefore, projects pursuant to the proposed 2040 General Plan would not result in flooding on- or off-site, and impacts would be less than significant.
Stormwater Drainage System Capacity
As stated in the impact discussions above, an increase in impervious surfaces with new development or redevelopment could result in increases in stormwater runoff, which in turn could exceed the capacity of existing or planned stormwater drainage systems. The proposed land use changes under the 2040 General Plan would primarily involve the conversion of agricultural land and open space to urban land uses, which would increase the amount of impervious surfaces.
Projects that involve the creation and/or replacement of 2,500 square feet or more of impervious surfaces would trigger the implementation of site design measures to reduce stormwater runoff, pursuant to the City’s MS4 Guidance Document and the Phase II Small MS4 Permit requirements. Prior to the issuance of grading permits, the City will require completion and submittal of a Stormwater Management Post Construction Requirements application to the City for review and approval to ensure that these requirements are met. In addition, stormwater treatment measures are required to temporarily detain site runoff for regulated projects that create or replace 5,000 square feet or more of impervious surface, using specific numeric sizing criteria based on volume and flow rate. Regulated projects would also be required to submit a SCP to the City for review and approval. Implementation of these stormwater measures will reduce the amount of stormwater runoff that is ultimately discharged to the drainage system. Projects that create and/or replace one acre or more of impervious surfaces must also adhere to the hydromodification requirements of the Phase II Small MS4 permit and demonstrate that post-project runoff does not exceed pre-project runoff for the 2-year, 24-hour storm event.
Regulated projects would be required to demonstrate that the regulatory requirements for the sizing and temporary on-site retention of stormwater runoff have been met by submitting the SCP and Stormwater Management Post Construction Requirements application to the City prior to the issuance of grading permits. This would minimize the amount of stormwater runoff from new development and redevelopment sites within the planning area. Also, as part of the permitting process, new development projects would be required to pay public utility fees, pursuant to HMC Title 13, Chapter 16, which finances improvements to the municipal storm drain system to accommodate increased flows.
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The City is also planning to upgrade existing storm drains and build a new retention/detention facility to serve the buildout of the proposed 2040 General Plan, as described in the Storm Water Resources Plan currently being developed. The proposed projects in the Draft SWRP would reduce peak flows and improve water quality prior to discharge to the San Benito River, Santa Ana Creek, or retention basins.
Further, new development and redevelopment within the EIR Study Area would not create substantial additional sources of polluted runoff. During the construction phase, projects would be required to prepare SWPPPs, thus limiting the discharge of pollutants from the site. During operation, projects must implement BMPs and LID measures that minimize the amount of stormwater runoff and associated pollutants.
With implementation of these provisions for new development and redevelopment projects and the construction of regional detention basins, the proposed 2040 General Plan would not result in significant increases in runoff that would exceed the capacity of existing or planned storm drain facilities, and the impact is less than significant.
Redirecting Flood Flows
As shown on Figure 4.10-2, there are limited areas of the EIR Study Area that are located within 100-year flood zones, primarily along the western boundary next to the San Benito River, in the northeastern corner of the EIR Study Area, and along Santa Ana Creek. Thus, implementation of the proposed 2040 General Plan could result in development in areas subject to flooding. The discussion above regarding on- and off-site flooding is also applicable to the analysis of impeding or redirecting flood flows. Since new development projects are required to comply with E.12 provisions of the Phase II Small MS4 Permit and retain stormwater on-site via the use of retention/detention facilities, peak stormwater flow rates would be attenuated, which would minimize the potential for flooding impacts.
Construction within flood hazard zones is governed by HMC Chapter 15.20. Impact Discussion HYD-4 describes the potential for impeding or redirecting flood flows with development in areas within the 100- year floodplain. Based on these discussions, impacts related to impeding or redirecting flood flows would be less than significant.
In addition, the proposed Health and Safety (HS) Element of the 2040 General Plan contain goals, policies, and actions that require local planning and development decisions to consider impacts to hydrology and runoff. In addition to proposed 2040 General Plan goals, policies, and actions listed under Impact Discussion HYD-1, the following 2040 General Plan goals, policies, and actions would serve to minimize potential adverse impacts related to runoff and flooding:
Goal HS-1: Protect community health and safety from natural and human-caused hazards. (Goal HS1) *Policy HS-1.1: Location of Future Development. Permit development only in areas where potential danger to the health, safety, and welfare of the community can be adequately mitigated. This includes prohibiting development that would be subject to severe flood damage or geological hazard because of its location and/or design and that cannot be mitigated to safe levels.
Development also shall be prohibited where emergency services, including fire protection, cannot be provided. (Policy HS1.1)
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Action HS-1.1: Geologic, Flooding, Fire and Other Hazard Mapping. Upon each update of the Safety Element, update hazard maps for use in development review. Use this mapping data to inform decisions about existing risk and future land uses throughout the city. (Implementation Measure HS.G)
Goal HS-4: Protect the community from flood hazards. (new) Policy HS-4.1: Flood Hazards. Review all development proposals to verify that either no portion of the proposed development lies in the 100-year floodplain or that the applicant has taken adequate measures to eliminate the risk of flood damage in a 100-year storm consistent with the City of Hollister Flood Damage Prevention Regulations as amended from time to time. (Policy HS1.9) Policy HS-4.2: Floodplain Uses. Encourage developers to dedicate identified lands in floodplains that are unsuitable for development to the City for use as parks or for preservation as open space, consistent with the City of Hollister Parks and Recreation Master Plan or other infrastructure plan developed for a given area. Development of these identified lands as community recreation amenities should be economically feasible to build and maintain. (Policy HS1.10) Policy HS-4.3: Flood Control Coordination. Coordinate with the San Benito County Water District and other State agencies to maintain flood-control infrastructure to minimize flood damage. (new) Action HS-4.1: Flood Control Requirements in New Development. Update and apply flood control requirements to regulate construction in flood zones. (Implementation Measure HS.H) Action HS-4.2: Areas of Poor Drainage. Identify areas of poor drainage and install new or upgrade existing drainage systems to accommodate drainage needs. Use natural infrastructure to the extent feasible. (new)
Action HS-4.3: Floodplain Use Assessment. Identify those areas with natural hazards that are unsuitable for development, but which may be suitable for public recreational uses. (new) With the implementation of regulatory requirements and the proposed 2040 General Plan goals, policies and actions listed above, these hydrology impacts would be less than significant.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed CAP focuses on the reduction of GHG emissions and includes policies and plans for reducing these emissions in the water and wastewater sectors. However, there are no sections in the proposed CAP that specifically address stormwater other than policies to increase park space and tree plantings and vegetation, which will reduce the volume of stormwater runoff. Furthermore, the proposed CAP does not involve any land use changes that would introduce new development that would affect hydrology and water quality. Therefore, implementation of the proposed CAP would have a less than significant effect on erosion or siltation, storm drain capacity, flooding on- or off-site, or impeding or redirecting flood flows.
Significance without Mitigation: Less than significant.
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Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Conversion of agricultural lands to urban uses would involve soil disturbance that could generate pollutants affecting stormwater and impact water quality through soil erosion and increasing the amount of silt and debris carried in runoff. Any future development that converts more than one acre of agricultural land would require compliance with the CGP Water Quality Order 2022-0057-DWQ, which includes the preparation and implementation of a SWPPP. Future projects would abide by the requirements of HMC Chapter 15.24 which describes the City’s rules and regulations to control land disturbance, erosion and sediment control, and preparation of a construction stormwater control plan (i.e., SWPPP) which is prepared for review and approval by the City. Furthermore, all development in the EIR Study Area which would convert agricultural lands to urban uses, as well as development pursuant to the proposed 2040 General Plan, shall comply with the requirements of the HMC and City’s MS4 Guidance Document for new or significant redevelopment projects, subject to approval by the City and in accordance with the Phase II Small MS4 Permit.
Therefore, in conjunction with state and local regulatory requirements and compliance of the City’s MS4 Guidance Document and SWRP currently in development, implementation of the proposed ALPP would not result in substantial erosion or siltation and would not substantially increase the rate of surface runoff which would result in flooding, impede or redirect flood flows, or exceed the capacity of the drainage system. Impacts would be less than significant.
Significance without Mitigation: Less than significant.
HYD-4 Implementation of the proposed project would not risk release of pollutants due to project inundation if in a flood hazard, tsunami, or seiche zones.
2040 General Plan
Buildout pursuant to the proposed 2040 General Plan could result in developments within FEMA 100-year flood zones. As shown on Figure 4.10-2, the land next to the San Benito River, the northeastern corner of the EIR Study Area, and the land adjacent to Santa Ana Creek are within the 100-year floodplain.
The areas within the 100-year floodplain on the western edge of the EIR Study Area have land use designations of Open Space or Specific Plan Areas. The northeastern corner of the EIR Study Area within the 100-year floodplain has an Industrial land use designation. It is unlikely that new construction would occur in areas with an Open Space land use designation. However, areas with a Specific Plan or Industrial land use designation could result in future construction and new buildings under the proposed 2040 General Plan.
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Potential future development in 100-year flood zones would be subject to floodplain requirements listed in HMC Chapter 15.20. Prior to the start of construction or development within a 100-year floodplain, the City requires project applicants to obtain a development permit from the City’s Floodplain Administrator (i.e., the Planning Director) and construct new development in accordance with the standards provided in HMC Section 15.20.130. The standards of construction vary depending on the flood zone where the proposed structure is located and include provisions for flood risk reduction, including anchoring and flood-resistant materials and construction methods with the lowest floors elevated above the base flood elevation. Prior to occupancy of any building, proof that a Letter of Map Revision and an elevation certificate has been obtained from FEMA must be provided to the City. Compliance with FEMA’s NFIP requirements and HMC requirements would reduce potential flood hazards and ensure that pollutants are not released during flood inundation. In addition, the proposed 2040 General Plan goals, policies, and actions listed under Impact Discussion HYD-3 would reduce potential flood impacts.
As discussed in Section 4.10.1.1, Existing Conditions, there are no large open bodies of water within the EIR Study Area that would result in a seiche causing significant flooding. The City’s water system includes two aboveground water tanks (2 million gallons and 3.5 million gallons) that could result in seiches in the event of an earthquake.37 However, the tanks are constructed to withstand seismic events and would not result in failure that would cause significant flooding or result in the release of pollutants. The EIR Study Area is inland and approximately 20 miles from the ocean and is not at risk of flooding due to tsunamis.
However, there are several portions of the EIR Study Area within dam inundation zones, as shown on Figure 4.10-3. The area impacted by the inundation zones for the Hernandez Dam and Paicines Dam is largely contained by the course of the San Benito River. The probability of dam failure is very low, and the EIR Study Area has never been impacted by a major dam failure. In addition, dam owners are required to maintain emergency action plans that include procedures for damage assessment and emergency warnings. An EAP identifies potential emergency conditions at a dam and specifies preplanned actions to help minimize property damage and loss of life should those conditions occur. EAPs contain procedures and information that instruct dam owners to issue early warning and notification messages to downstream emergency management authorities, such as the San Benito Office of Emergency Services and local fire departments. The County’s emergency notification procedures are included in the multi- jurisdictional local hazard mitigation plan for the County.
Future projects would abide by the requirements of HMC Chapter 15.20 discussed in Section 4.10.1.2, Existing Conditions, which describe the City’s rules and requirements to minimize public and private losses due to flood conditions in specific areas. The proposed Natural Resources and Conservation (NRC) and Health and Safety (HS) Elements of the 2040 General Plan contain goals, policies, and actions that require local planning and development decisions to consider impacts to flood hazards. In particular, proposed Goal NRC-1 and Policies NRC-1.1 and 1.16; Goal NRC-5, Policies NRC-5.1, 5.2, and 5.3, and Actions NRC-
5.2, 5.3, 5.4, and 5.5; Goal HS-1, Policy HS-1.1, and Action HS-1.1; and Goal HS-4, Policies HS-4.1, 4.2, and
4.3, and Actions HS-4.1 and HS-4.3 listed under Impact Discussions HYD-1 and HYD-3 would serve to minimize potential adverse impacts to pollutant releases due to project inundation within flood hazard
37 City of Hollister, 2018. Final Water Distribution System Master Plan, prepared by Wallace Group. Dated August 2018.
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areas. Therefore, impacts associated with the release of pollutants due to flooding from implementation of the proposed 2040 General Plan would be less than significant.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. The proposed reduction strategies for GHG emissions do not specifically address flooding within the EIR Study Area. Furthermore, the proposed CAP does not involve any land use changes that would introduce new development that would affect hydrology and water quality. Therefore, implementation of the proposed CAP would not result in any issues related to flooding and would have a less than significant impact.
Significance without Mitigation: Less than significant.
Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Conversion of agricultural lands to urban uses would not have any impact on potential flood flows with respect to dam inundation or seiche flooding. Future projects that are built in 100-year floodplains would have to comply with the requirements of HMC Chapter 15.20 to ensure that new construction does not impede or redirect flood flows or result in the release of pollutants during flooding. Therefore, implementation of the proposed ALPP would not risk the release of pollutants due to project inundation and impacts would be less than significant.
Significance without Mitigation: Less than significant.
HYD-5 Implementation of the proposed project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.
2040 General Plan
The City’s groundwater supplies are extracted from the North San Benito Groundwater Subbasin, which has been designated as a medium priority groundwater basin and is not in critical overdraft. Two GSAs, SBCWD and Valley Water, prepared a GSP that was adopted in November 2021 and is currently under review by DWR for adequacy.
The results of the water demand and supply analyses as described in Chapter 4.17, Utilities and Services Systems, of this Revised Draft EIR indicate that the proposed 2040 General Plan would result in an increased water demand of 1,776 AFY for a total projected water demand of 6,861 AFY in 2040. The water demand would be met by projected 2040 water Central Valley’s Basin Plan supply of 9,944 AFY for
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residential, commercial, and industrial land uses presented in the 2020 UWMP. Additionally, municipal groundwater withdrawal from the North San Benito Groundwater Subbasin has decreased over the past year even with an increase in population and drought conditions.38 Therefore, implementation of the proposed 2040 General Plan would not conflict or obstruct with a groundwater management plan.
Adherence to the State CGP, the HMC, the Phase II Small MS4 Permit, and the City’s MS4 Guidance Document would ensure that surface and groundwater quality are not adversely impacted during construction and operation of new development pursuant to proposed 2040 General Plan. As a result, site development will not obstruct or conflict with the implementation of the Central Coast Basin Plan.
Furthermore, the proposed Community Services and Facilities (CSF) and Natural Resources and Conservation (NRC) Elements of the 2040 General Plan contain goals, policies, and actions that require local planning and development decisions to consider impacts to water quality and management. In particular, proposed Goal CSF-1, Policy CSF-1.3, and Action CSF-1.2; Goal CSF-2, Policies CSF-2.1, 2.2, 2.3,
2.4, 2.5, and 2.9, and Actions CSF-2.1, 2.2, 2.3, 2.5, and 2.6; Goal NRC-1 and Policies NRC-1.1 and 1.16; and Goal NRC-5, Policies NRC-5.1 and 5.2, and Actions NRC-5.3, 5.4, and 5.5 listed under Impact Discussions HYD-1 and HYD-2 would minimize potential adverse impacts to groundwater. Therefore, the proposed 2040 General Plan would not obstruct or conflict with the RWQCB’s Basin Plan or the North San Benito GSP and impacts would be less than significant.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. It also provides reduction strategies to minimize this increase in GHG emissions through water conservation, water efficient retrofits, water-wise landscaping, and graywater and recycled water programs. Furthermore, the proposed CAP does not involve any land use changes that would introduce new development that would affect hydrology and water quality. Therefore, implementation of the proposed CAP would not conflict or obstruct implementation of the Basin Plan or GSP. Impacts would be less than significant.
Significance without Mitigation: Less than significant.
Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. The conversion of agricultural land to urban land uses is accounted for in the water demand and supply analysis provided above (and in Chapter 4.17, Utilities and Service Systems, of this Revised Draft EIR) and the local water purveyors can meet projected 2040 water
38 San Benito County Water District, 2022. San Benito County Water District Annual Groundwater Assessment.
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demand. Therefore, implementation of the proposed ALPP would not conflict with or obstruct implementation of the Basin Plan or GSP. Impacts would be less than significant.
Significance without Mitigation: Less than significant.
HYD-6 In combination with past, present, and reasonably foreseeable projects, implementation of the proposed project would not result in a cumulatively considerable impact to hydrology and water quality.
The geographic context used for the cumulative assessment to hydrology, drainage, flooding, and water quality encompasses the subwatersheds within the EIR Study Area: Tequisquita Slough subwatershed, Bird Creek-San Benito River subwatershed, Upper Pajaro River subwatershed, and the Santa Ana Creek subwatershed (see Figure 4.10-1). New development in these watersheds could increase impervious areas, thus increasing runoff and flows into the storm drainage systems. 2040 General Plan
Potential future development under the proposed 2040 General Plan would be required to comply with the Phase II Small MS4 Permit, the City’s MS4 Guidance Document, and the Greater Hollister Area Storm Water Resource Plan (currently in development). These requirements include the implementation of BMPs that direct drainage to landscaped areas and the integration of retention/detention facilities into the site design, both of which have a beneficial impact on water quality.
All projects would be required to comply with various HMC provisions and policies as well as numerous water quality regulations that control construction-related and operational discharge of pollutants into stormwater. The water quality regulations implemented by the Central Coast RWQCB take a basin wide approach and consider water quality impairment in a regional context. For example, the NPDES Construction Permit ties receiving water limitations and basin plan objectives to terms and conditions of the permit, and the Phase II Small MS4 Permit requires all the surrounding municipalities to manage stormwater systems and be collectively protective of water quality. Projects in these subwatersheds would implement structural and nonstructural source-control BMPs that reduce the potential for pollutants to enter runoff, and treatment control BMPs that remove pollutants from stormwater. Therefore, cumulative water quality impacts would be less than significant after compliance with these permit requirements, and impacts would not be cumulatively considerable.
The area surrounding the EIR Study Area is primarily agricultural land and streets with no associated storm drain system. The Central Coast RWQCB regulates discharges from runoff or the leaching of irrigation water and/or stormwater from irrigated lands through the Irrigated Lands Regulatory Program. Therefore, the stormwater control program and storm drain improvements implemented by the City would not directly or adversely impact the surrounding area.
Projects in the subwatersheds may be constructed within 100-year flood zones or dam inundation zones.
Such projects would be mandated to comply with NFIP requirements. In addition, other jurisdictions within these subwatersheds regulate development within flood zones in compliance with FEMA standards
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to limit cumulative flood hazard impacts. Therefore, cumulative impacts to hydrology, drainage, and flooding would be less than significant, and impacts of the proposed 2040 General Plan would not be cumulatively considerable.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. As discussed previously, there are no sections in the CAP that specifically address hydrology or stormwater other than policies to increase park space and tree plantings and vegetation, which will reduce the volume of stormwater runoff.
Furthermore, the proposed CAP does not involve any land use changes that would introduce new development that would affect hydrology and water quality. Therefore, implementation of the proposed CAP would have a less-than-significant cumulative impact on hydrology and water quality.
Significance without Mitigation: Less than significant.
Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. As discussed previously, there is no direct impact on hydrology or water quality associated with implementation of this program because agricultural land does not discharge to the City’s storm drain system. Therefore, cumulative impacts from implementation of the proposed ALPP would be less than significant.
Significance without Mitigation: Less than significant.
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4.11 LAND USE AND PLANNING
This chapter of the Revised Draft Environmental Impact Report (EIR) describes the potential land use and planning impacts associated with the approval and implementation of the proposed project. This chapter also describes the regulatory framework and existing conditions, identifies criteria used to determine impact significance, provides an analysis of the potential land use and planning impacts, and identifies policies that could minimize any potentially significant impacts.
4.11.1 ENVIRONMENTAL SETTING
REGULATORY FRAMEWORK
State Regulations
California Housing Element Law
California Housing Element Law 1 includes provisions related to the requirements for housing elements of local government general plans. Among these requirements, some of the necessary parts include an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. Additionally, to ensure that counties and cities recognize their responsibilities in contributing to the attainment of the State housing goals, this section of the Government Code calls for local jurisdictions to plan for and allow the construction of a share of the region’s projected housing needs, known as the Regional Housing Needs Allocation (RHNA). The City of Hollister 2015 to 2023 Housing Element was adopted in July 2016 and is incorporated into the proposed 2040 General Plan by reference.
The next Housing Element cycle (6th Cycle) for the 2023-2031 planning period is currently underway as a separate project.
San Benito County Local Agency Formation Commission
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 establishes a Local Agency Formation Commission (LAFCO) in each county in California, and authorizes these commissions to review, approve, or deny proposals for boundary changes and incorporations for cities, counties, and special districts. The LAFCO establishes a Sphere of Influence (SOI) for cities within their jurisdiction that describes the city’s probable future physical boundaries and service area. The Hollister SOI is regulated by the San Benito County LAFCO. The San Benito County LAFCO has a responsibility to exercise their independent judgement while making decisions concerning appropriate local governmental boundaries and service providers. As a regulatory agency, LAFCO is charged by the legislature with “discouraging urban sprawl and encouraging the orderly formation and development of local agencies” based on “local circumstances and conditions.”
1 California Government Code Sections 65580 – 65589.8.
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Regional Regulations
AMBAG Metropolitan Transportation Plan/Sustainable Community Strategy Senate Bill (SB) 375 requires each metropolitan planning organization (MPO) to prepare a sustainable communities strategy (SCS) in its regional transportation plan (RTP). The Association of Monterey Bay Area Governments (AMBAG) is the federally designated MPO and Council of Governments (COG) for Monterey County, San Benito County, and Santa Cruz County. As the MPO, AMBAG carries out many planning functions for the tri-county area, including development and maintenance of the regional travel demand model (RTDM), long-range transportation planning, and programming and acting as a regional forum for dialogue on issues facing the region. Most of AMBAG’s projects are carried out in support of these major functions, including, but not limited to, the regional growth forecasts, discussed more in Chapter 4.14, Population and Housing, of this Revised Draft EIR. AMBAG develops the regional growth forecast with a horizon year that matches the planning timeline of the Metropolitan Transportation Plan (MTP) and the model years for the RTDM. In addition to informing regional planning processes, the regional growth forecast is used by local jurisdictions and special districts to inform local and subregional planning, such as the City of Hollister General Plan. The 2045 MTP/SCS is the long-range SCS and RTP for the three counties and 18 local jurisdictions within the tri-county Monterey Bay region, including the City of Hollister.
Adopted in 2022, these regional efforts, prompted by SB 375, which established new requirements for regional alignment of land use and transportation planning, the MTS/SCS guides transportation and land use decisions, coordinating transportation investments with land use patterns such that the region makes informed decisions with respect to reducing greenhouse gas (GHG) emissions and subsequently improving air quality and ensuring efficient energy consumption. By considering the regional forecasts, and goals and policies of the AMBAG 2045 MTP/SCS, the City of Hollister General Plan can support these regional planning efforts. AMBAG is currently developing the 2050 MTP/SCS, which is scheduled for adoption in 2026.
San Benito County 2035 General Plan
The San Benito County 2035 General Plan sets the land use and policy direction for the County of San Benito. By considering the San Benito County General Plan as part of its planning process, the City of Hollister General Plan can align the County’s regional planning efforts. The Guiding Principles in the San Benito County 2035 General Plan relevant to land use and planning include:
Encourage new growth in existing unincorporated communities, new communities, or clustered developments to preserve prime farmland and rangeland; protect natural habitats; and reduce the financial, social, and environmental impacts of urban sprawl. Ensure that there is a mix of residential, commercial, employment, park, open space, school, and public land uses to create a sense of place by supporting condensed, pedestrian-accessible, and transit-oriented development.
Promote higher residential densities in existing unincorporated urban areas and new communities while encouraging mixed-use development.
Ensure new development complements and preserves the unique character and beauty of San Benito County.
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Establish defined boundaries to separate cities and unincorporated communities from prime agricultural land and important natural resources, using such features as agriculture buffers, greenbelts, open space, and parks.
Protect productive agriculture lands and industries.
Encourage future growth near existing transportation networks, such as major roadways, state highways, airports, rail corridors, and other major transportation routes. Encourage future growth near available water and sewer infrastructure to ensure improvements are economically feasible and can be supported by adequate, long-term access to water, sewer, electric, gas, and other utilities.
Protect natural resources and open space areas from incompatible uses.
San Benito County Hollister Municipal Airport Land Use Compatibility Plan San Benito County’s Airport Land Use Commission (ALUC) adopted the Hollister Municipal Airport Land Use Compatibility Plan (ALUCP) in 2012 to ensure land uses surrounding the Hollister Municipal Airport (HMA) are compatible with airport-serving uses. The creation of the ALUC and the preparation of the ALUCP are requirements of the California State Aeronautics Act.2 Provisions for creation of ALUCs were first established under state law in 1967 and the fundamental purpose of ALUCs to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses has remained unchanged. The ALUCP evaluates all surrounding land within the airport influence area, defined as any land on which current or future airport-related noise, overflight, safety, or airspace protection factors may impact existing land uses. The ALUCP requires that any proposed project, specific plan, general plan, zoning ordinance, or building regulation, proposed within the airport influence area, is reviewed by the ALUC to ensure consistency with the ALUCP. By considering the ALUCP, the City of Hollister General Plan can ensure it will not conflict with the policies and overall purpose of the ALUCP.
Local Regulations
While the City has other local regulations that regulate land use and guide land use decisions, all specific plans, master plans, and zoning in the city must be consistent with the General Plan. The General Plan is the community’s overarching policy document that defines a vision for future change and sets the “ground rules” for: locating and designing new projects that enhance the character of the community, expanding the local economy, conserving and preserving environmental resources, improving public services and safety, minimizing hazards, and fostering community health. The General Plan, which includes a vision, goals, policies, and actions, functions as the City’s primary land use regulatory tool. It provides a basis for judging whether specific development proposals and public projects are in harmony with General Plan policies. It is the constitution for future change in Hollister. The General Plan must be used as the basis for all planning-related decisions made by City staff, the Planning Commission, and the
2 Public Utilities Code Section 21670 et seq.
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City Council. Other decision-making bodies that rely on the General Plan to guide future decisions include the Airport Advisory Commission, Parks and Recreation Commission, Arts and Cultural Commission, Historic Resources Commission, and the Public Works Department.
EXISTING CONDITIONS
The term “existing land use” refers to the existing built environment, which may be different from the General Plan or Zoning designations that the City applies for planning purposes. The current 2005 Hollister General Plan is the primary planning document for the City of Hollister and the proposed 2040 General Plan is intended to ensure consistency between the General Plan, Zoning Ordinance, and federal and state laws and regional plans. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, implementation of the proposed project has the potential to conflict with “land use” plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect.
For the purposes of this EIR, a “land use” plan is a policy or regulation that addresses how land is used.
The land use plans adopted for the purpose of avoiding or mitigating an environmental effect are described in Section 4.11.1.1, Regulatory Framework, and the evaluation for the potential to conflict with these land use plans is provided in Section 4.11.3, Impact Discussion.
4.11.2 STANDARDS OF SIGNIFICANCE
Implementation of the proposed project would result in significant land use and planning impacts if it would:
1. Physically divide an established community.
2. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.
3. In combination with past, present, and reasonably foreseeable projects, result in a cumulative impact with respect to land use and planning.
4.11.3 IMPACT DISCUSSION
LU-1 Implementation of the proposed project would not physically divide an established community.
2040 General Plan
The physical division of an established community typically refers to the construction of a physical feature or the removal of a means of access that would impair mobility within an existing community or between a community and outlying areas.
Potential future development from implementation of the proposed project would not result in a change in land use or zoning that would cause the construction or removal of any physical features or means of access throughout the EIR Study Area or surrounding region. The proposed 2040 General Plan would increase development potential in the EIR Study Area; however, potential future development within the
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City Limits would primarily occur in the form of infill/intensification on sites already developed and/or underutilized, and/or in close proximity to existing development and infrastructure. Potential future development within the SOI under the proposed 2040 General Plan are likely to be greenfield development, and many of these parcels fall under the proposed Specific Plan land use designation and would be subject to additional policies to guide development in these areas.
The proposed 2040 General Plan requires the City to provide for orderly, well-planned, and balanced development as identified in Goal LU-1 of the the proposed 2040 General Plan Land Use and Community Design (LU) Element. Policy LU-1.1, Infill Development, which supports Goal LU-1, requires the City to prioritize infill development over the annexation of properties for development. Additionally, the proposed 2040 General Plan maintains the existing roadway patterns and would not include any new major roadways or other physical features through existing neighborhoods that would create new physical barriers in the EIR Study Area. The following proposed 2040 General Plan goal and policies in the proposed Land Use and Community Design (LU) Element would minimize potential adverse impacts of the development of the Specific Plan areas:
Goal LU-2: Manage growth in the new development areas outside the existing City Limits but within the Sphere of Influence through the use of Specific Plans. (new) Policy LU-2.1: Specific Plan Areas. Require that a new Specific Plan be adopted for the entirety of any given Specific Plan Area shown in Figure LU-4 before development occurs in that area. (new) Policy LU-2.2: Specific Plan Land Use Patterns. Require future development in the five Specific Plan Areas described in Section 3.4 to follow the general land use patterns shown in Figures LU-5, LU-6, LU- 7, LU-8, and LU-9. Deviations from these figures may be approved by the Planning Commission and City Council. (new)
Policy LU-2.3: Specific Plan Development Parameters. Specific Plan Development Parameters. Allow no more development in each Specific Plan Area than the amounts shown in Table LU-2. Exceedances above these allowances may be approved by the Planning Commission and City Council through a General Plan Amendment after any necessary environmental review under the California Environmental Quality Act. (new)
Policy LU-2.6: Multimodal Circulation Network. Incorporate sidewalks, pedestrian paths, bicycle lanes, and transit connections into new development projects in Specific Plan Areas. (new) Policy LU-2.11: Circulation and Access. Limit the number of access points leading from arterial streets into new developments in Specific Plan Areas, while also providing interconnected internal circulation between developments inside of Specific Plan Areas. (new) Furthermore, as described in Chapter 3, Project Description, of this Revised Draft EIR, an objective of the proposed 2040 General Plan is to provide for balanced and sustainable growth by creating and maintaining a cohesive development pattern amidst the agriculture landscape, with clearly defined urban edges. Though the SOI would be expanded to allow for further development, an urban boundary is created to protect Hollister’s surrounding lands from sprawl, reduce the cost of extending costly infrastructure, and enhance the visual character of the city’s edge. Therefore, because no physical features or the removal of a means of access that would impair mobility within an existing community or
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between a community and outlying areas would occur with implementation of the proposed 2040 General Plan, the physically division of an established community would not occur. Impacts would be less than significant, and no mitigation measures are required.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed Climate Action Plan (CAP) is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan and does not involve any land use changes that would result in indirect growth or change in building density and intensity. Therefore, implementation of the proposed CAP would not physically divide an established community and there would be less-than-significant impacts.
Significance without Mitigation: Less than significant.
Agricultural Lands Preservation Program
The proposed Agricultural Lands Preservation Program (ALPP) is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would result in indirect growth or change in building density and intensity, implementation of the proposed ALPP would not physically divide an established community and there would be less-than-significant impacts.
Significance without Mitigation: Less than significant.
LU-2 Implementation of the proposed project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.
2040 General Plan
While the proposed 2040 General Plan is the primary planning document for the City of Hollister and the proposed update is intended to ensure consistency between the General Plan, Zoning Ordinance, and federal and state laws, implementation of the proposed project has the potential to conflict with “land use” plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect. For the purposes of this EIR, a “land use” plan is a policy or regulation that addresses how land is used. The following discusses the proposed project and its relationship to the land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect, as listed in Section
4.11.1.1, Regulatory Framework.
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California Housing Element Law
The City of Hollister 2015 to 2023 Housing Element was adopted in July 2016. The next housing element update is currently underway in a separate process from that of the 2040 General Plan. As described in Chapter 3, Project Description, of this Revised Draft EIR, the 2015 to 2023 Housing Element has already undergone separate environmental review as part of its adoption process; however, the residential development that could occur under the 6th Cycle and potential the 7th Cycle Housing Element, depending on the assigned RHNA which is unknown at this time, is incorporated into the residential development analyzed as part of this EIR. The proposed General Plan 2040 Land Use (LU) Element includes goals, policies, and actions that require decision makers to support adequate housing in Hollister. The following proposed 2040 General Plan goals, policies, and action would serve to minimize potential adverse impacts to housing:
Goal LU-1: Promote orderly and balanced growth in Hollister’s Planning Area. (Goal LU6) Policy LU-1.4: Balance of Uses. The City shall strive to achieve a balance between residential, commercial, and industrial development to increase the city’s jobs-to-employed resident ratio and ensure availability of local employment and housing. (new) Goal LU-3: Promote diverse housing opportunities for existing and future residents. (new) Policy LU-3.1: Land Supply. Ensure that there is adequate land designated to meet the projected future housing needs of the city. (Policy LU7.3)
Policy LU-3.2: Diverse Neighborhoods. Encourage the development of well-integrated neighborhoods consisting of both single-family and multifamily homes that include owner-occupied and rental housing units in single-use and mixed-use environments. (new) Policy LU-3.4: Housing Types. Provide a variety of housing types that offer choices for residents and create complete, livable neighborhoods. Allow for a full range of housing types (i.e., small houses, starter homes, cluster lot developments, condominiums, apartments, townhouses) to meet the needs of Hollister residents. (new)
Policy LU-3.5: Planned Developments. Use the Planned Development process to allow and encourage residential developments that include a variety of types, densities, and size. (new) Action LU-3.1: Inclusionary Housing. Adopt an inclusionary housing ordinance that requires new residential developments to include 15 percent of the units as affordable housing. (new) As described in Chapter 4.14, Population and Housing, of this Revised Draft EIR, the proposed land use map, as shown in Figure 3-5, 2040 General Plan Land Use Map, in Chapter 3, Project Description, of this Revised Draft EIR includes enough land designated for housing to fulfill the City’s 2023–2031 RHNA as well as future buffer sites pursuant to SB 166 identified through the upcoming Housing Element update.\ Accordingly, the proposed 2040 General Plan would not conflict with or be inconsistent with state Housing Law resulting in a significant environmental impact.
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San Benito County Local Agency Formation Commission
The proposed Hollister SOI is regulated by the San Benito County LAFCO and any proposed jurisdictional boundary changes, including annexations and detachments of territory to and/or from the City, is subject to the San Benito County LAFCO review and approval. The San Benito County LAFCO also must review any contractual service agreements and determine the SOI. Although the City does not propose to annex or de-annex any areas of the SOI as part of the proposed project, annexation proposals could occur during the buildout horizon of the proposed 2040 General Plan.
The proposed 2040 General Plan Land Use and Community Design (LU) Element contains goals, policies, and actions that require local planning and development decisions to consider impacts from annexations from the SOI to the City Limits. The following proposed 2040 General Plan goals, policies, and actions would serve to minimize impacts from annexations and support the San Benito LAFCO mission to encourage the orderly growth of local communities and discourage urban sprawl:
Goal LU-1: Promote orderly and balanced growth in Hollister’s Planning Area. (Goal LU6) Policy LU-1.1: Infill Development. Ensure an orderly pattern of development in the city that prioritizes infill development over the annexation of properties. (new) Policy LU-1.2: City Services. Future growth shall not exceed the City’s ability to provide services, including sewage treatment, treated domestic water, public parks and recreation, and public safety services. (new)
Policy LU-1.3: Development Capacity. The General Plan and the General Plan Update Environmental Impact Report (EIR) assumes the following maximum development projections by the year 2040:
10,530 new dwelling units
1.1 million square feet of new commercial and office space 2.8 million square feet of new industrial space
When development approved by the City of Hollister reaches these maximum development projections, require environmental review for subsequent development projects to determine if there are any impacts related to the additional growth beyond the development capacity anticipated in the 2040 General Plan EIR. (new)
Policy LU-1.4: Balance of Uses. The City shall strive to achieve a balance between residential, commercial, and industrial development to increase the city’s jobs-to-employed resident ratio and ensure availability of local employment and housing. (new) Policy LU-1.5: Development Projects Outside of the City. The City shall not accept an application for any projects (subdivision, grading, development, etc.) for any land that has not been annexed into the City Limits. (new)
Policy LU-1.6: Coordinated Annexation Requests. Encourage coordinated annexation of contiguous properties. (new)
Policy LU-1.7: Specific Plans. Ensure the orderly development of large areas of land proposed for annexation through Specific Plans. Require a Specific Plan for annexation requests that are over 20
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acres in size or include nonresidential uses regardless of size. This requirement covers, but is not limited to, the five Specific Plan Areas called out in Section 3.4. (new) Policy LU-1.8: Revenue Neutral. Require annexations to be revenue neutral and cover all costs related to public infrastructure, public facilities, and public services. (new) Policy LU-1.9: Contiguous Annexations. Prohibit any annexations of land that are not contiguous to City Limits. Annexation of land that would result in formation of a County “island” or irregular city boundary shall not be permitted. (new)
Policy LU-1.11: Intergovernmental Coordination. Coordinate regional planning efforts with San Benito County, Caltrans, and other agencies. (Implementation Program LU.Q). Action LU-1.1: Sphere of Influence Amendment. Work with the San Benito County Local Agency Formation Commission to amend the Sphere of Influence as proposed in this General Plan. (new) Action LU-1.2 : Annexation Process. Review City procedures related to annexations and update as needed to ensure an efficient and orderly review process. (new) Action LU-1.3 : Annexation Strategy. Create an annexation prioritization strategy for areas outside the existing City Limits that identifies where and in what order the City should annex land outside the City Limits. The strategy should consider initiating the annexation of developed unincorporated areas adjacent to the city and in county “islands.” Annexation of these areas should occur if the annexation would facilitate infill development, improve service delivery, or create a more logical city boundary. (a rewrite of L-1.3) (new)
Action LU-1.8 : Infill Streamlining. Update the City’s regulatory measures to make it easier to develop in infill areas than at other locations in the city. Infill development means those areas already surrounded by development. (new)
Goal LU-2: Manage growth in the new development areas outside the existing City Limits but within the Sphere of Influence through the use of Specific Plans. (new) Policy LU-2.4: Specific Plan County Coordination. Coordinate with the County to ensure that they follow the Specific Plan Area’s guidance and the City’s General Plan designations if the County approves projects in Specific Plan Areas. (new)
Goal LU-7: Support balanced growth and well-designed development patterns in Hollister’s Special Planning Areas. (new)
Policy LU-7.1: Special Planning Areas. Maintain and implement the Special Planning Areas shown in this General Plan for the North Gateway, West Gateway, Downtown, “Old Town” Residential, Home Office, and Meridian Street Extension areas. (Policy LU1.7) Accordingly, the proposed project would not conflict with or be inconsistent with the San Benito County LAFCO charge for orderly growth of local communities and discourage urban sprawl and the impact would be less than significant.
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AMBAG Metropolitan Transportation Plan/Sustainable Community Strategy While AMBAG MTP/SCS is not intended to override local land use control, it provides guidance to the local agencies such as the City that focuses on achieving the State’s GHG and vehicle miles traveled (VMT) reduction goals by constructing more infill development in downtowns and centers in close proximity to jobs and services. As discussed under the subheading “California Housing Element Law,” of this impact discussion, the proposed 2040 General Plan Land Use and Community Design (LU) Element includes goals, policies, and actions that require decision makers to support adequate housing in Hollister, including infill housing that would support the charge of the AMBAG MTP/SCS. Additionally, the proposed 2040 General Plan includes Policy LU-1.1, Intergovernmental Coordination, which requires the City to coordinate regional planning efforts with San Benito County, Caltrans, and other agencies such as AMBAG.
Accordingly, the proposed 2040 General Plan would not conflict with or be inconsistent with the AMBAG MTP/SCS, resulting in a significant environmental impact.
San Benito County 2035 General Plan
The proposed 2040 General Plan maintains consistency with the San Benito County 2035 General Plan through goals, policies, and actions that ensure land use planning decisions inside and adjacent to the City Limits do not conflict with one another. As discussed under the subheading “San Benito County Local Agency Formation Commission,” of this impact discussion, the proposed 2040 General Plan Land Use and Community Design (LU) Element includes goals, policies, and actions that require decision makers ensure a collaborative process as potential future development outside the Hollister City Limits occurs. Because land outside the City Limits is currently subject to San Benito County land use regulations and would only come under Hollister ’s land use jurisdiction upon annexation, only one set of land use policies apply at a given time, and there cannot be a conflict between the City and San Benito County General Plans. As a result, adoption and implementation of the proposed 2040 General Plan would not conflict with or be inconsistent with the San Benito County 2035 General Plan, resulting in a less-than-significant impact.
San Benito County Hollister Municipal Airport Land Use Compatibility Plan The HMA’s Airport Influence Area (AIA) is within both City Limits and SOI. Land use compatibility with the airport is regulated by the San Benito County ALUCP. Pursuant to the California Public Utilities Code Section 21676, development of land and changes in land use around the HMA must be consistent with the ALUCP. The proposed 2040 General Plan Health and Safety (HS) Element ensures consistency with the Hollister ALUCP through the following proposed 2040 General Plan goals, policies, and action that would serve to minimize impacts from development in close proximity to the HMA:
Goal HS-1: Protect community health and safety from natural and human-caused hazards (Goal HS1) Policy HS-1.4: Airport Safety. Avoid residential dwellings in the Aircraft Flight Zones and establish compatible land use zones around the airport consistent with the Hollister Municipal Airport Land Use Compatibility Plan. (Policy HS1.11)
Action HS-1.2: Development Review for Compatibility with the Hollister Municipal Airport Land Use Compatibility Plan. Review all development proposals in the Airport Influence Area to verify that the proposed development would not conflict with the land use guidelines established in the Hollister
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Municipal Airport Land Use Compatibility Plan or subsequent updates. (Implementation Measure HS.U)
Goal HS-8: Achieve noise levels consistent with acceptable standards and reduce or eliminate objectionable noise sources. (Goal HS3)
Policy HS-8.6: Airport Noise. Review all proposed development within the Airport Influence Area to ensure that it will be compatible with operations at the Hollister Municipal Airport and applicable noise standards and regulations. (Policy HS3.7)
Goal HS-9: Protect the public’s health and safety and ensure compatible land uses with Hollister Municipal Airport operations. (new)
Policy HS-9.1: Airport Land Use Compatibility Plan. Work closely with appropriate agencies, including the San Benito County Airport Land Use Commission, to ensure compatibility of land uses with airport facilities and operations. (new)
Policy HS-9.2: Airspace Protection. Limit building heights for airspace protection in accordance with Federal Aviation Regulations Part 77. (new)
Implementation of these proposed 2040 General Plan goals, policies, and actions would ensure that potential future development near the HMA would be consistent with the San Benito County ALUCP.
Therefore, adoption and implementation of the proposed 2040 General Plan would not conflict with the San Benito County ALUCP and impacts would be less than significant.
Summary
The proposed 2040 General Plan is the primary planning document for the City of Hollister. The proposed update is intended to ensure consistency between the General Plan, Zoning Ordinance, and federal and state laws. Because the proposed 2040 General Plan is the overriding planning document for the City, and because the proposed project involves amending the current General Plan and the Zoning Ordinance, the impact would be less than significant.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan and does not involve any land use changes that would result in indirect growth or change in building density and intensity. Therefore, implementation of the proposed CAP would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect and there would be less-than-significant impacts.
Significance without Mitigation: Less than significant.
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Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would result in indirect growth or change in building density and intensity, implementation of the proposed project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect and there would be less-than-significant impacts.
Significance without Mitigation: Less than significant.
LU-3 In combination with past, present, and reasonably foreseeable projects, result in a cumulative impact with respect to land use and planning. 2040 General Plan
As discussed in Chapter 4, Environmental Analysis, the geographic context for the cumulative land use and planning effects occurs from potential future development under the proposed project combined with impacts from the projected growth in the rest of San Benito County and the surrounding region, as forecast by AMBAG. The proposed project would not divide an established community or conflict with established plans, policies, and regulations, in or outside of Hollister, adopted for the purpose of avoiding or mitigating an environmental effect. Potential future development that may occur from implementation of the proposed 2040 General Plan would not create substantial land use impacts. Development is likely to continue to occur in the San Benito County region and is taking place in already urbanized areas as infill development, which would not require significant land use changes that would create land use conflicts, nor would they divide communities. Growth from new development in the region is expected to align with projected growth forecast by AMBAG and as required by the RHNA required for each jurisdiction. As discussed under Impact Discussion LU-2, the proposed 2040 General Plan includes goals, policies, and actions that would serve to minimize potential adverse impacts on future growth. Additionally, the proposed project would accommodate future growth by providing for infrastructure and associated public services to accommodate the projected growth of the city. All potential future development would be required to comply with required site-specific infrastructure improvements and to pay any project-specific impact fees. Therefore, the proposed project would not result in a cumulatively considerable contribution to cumulative impacts related to land use changes and impacts would be less than significant.
Significance without Mitigation: Less than significant.
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Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. The proposed CAP does not involve any land use changes that would result in indirect growth or change in building density and intensity, it would result in a less-than-significant cumulative impact to land use and planning.
Significance without Mitigation: Less than significant.
Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would result in indirect growth or change in building density and intensity, the proposed project would result in a less-than-significant cumulative impact with respect to land use and planning.
Significance without Mitigation: Less than significant.
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4.12 MINERAL RESOURCES
This chapter of the Revised Draft Environmental Impact Report (EIR) describes the potential mineral resource impacts associated with the approval and implementation of the proposed project. This chapter also describes the regulatory framework and existing conditions, identifies criteria used to determine impact significance, provides an analysis of the potential mineral resource impacts, and identifies policies that could minimize any potentially significant impacts.
4.12.1 ENVIRONMENTAL SETTING
REGULATORY FRAMEWORK
State Regulations
State regulations require the preservation of mineral resource sites and ensure that nearby land uses are compatible with extraction. The California Department of Conservation, Geological Survey (California Geological Survey) is the State agency responsible for inventorying and mapping mineral resources in California. Regulations pursuant to the California Geological Survey mineral resource determinations are generally linked with county general plan land use elements and other types of local and regional development rules. The California State Mining and Geology Board (SMGB) maintains information on mineral deposits of statewide or regional significance.
The California Geological Survey classifies lands into Aggregate and Mineral Resource Zones (MRZs) based on guidelines adopted by the SMGB, as mandated by the Surface Mining and Reclamation Act of 1975.
Cities and counties are required to incorporate MRZs delineated by the State into their general plans.1 The MRZs identify whether known or inferred significant mineral resources are present in areas. MRZs are grouped by the State into four categories based on geologic factors, with MRZ-2 lands having the greatest importance. MRZ-2 sites are underlain by demonstrated mineral resources considered important to the region or the State as a whole. The other categories include MRZ-3 areas of undetermined mineral resource significance, MRZ-4 areas of unknown mineral resource potential, and MRZ-1 areas where geologic information indicates no significant mineral deposits are present. The SMGB also divides aggregate resources (MRZ-2 areas) into regions and resource sectors. Hollister is in the Monterey Bay Region. The resource sectors areas judged to contain a significant deposit of construction quality aggregate that is available, from a land-use perspective, to meet future needs of the region. These areas are currently permitted for mining and found to have land uses compatible with possible mining. Pursuant to the California Code of Regulations, the Monterey Bay Production -Consumption (P-C) Region is made up of resource Sectors A through U, with resource Sector E being relevant to San Benito County. Sector E is
1 Public Resources Code, General Provisions, Division 2, Geology, Mines, and Mining, Chapter 9, Surface Mining and Reclamation Act of 1975, Article 4, State Policy for the Reclamation of Mined Lands, Section 2762(a)(1).
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defined as the channel and floodplain deposits in a long portion of the San Benito River extending from lower Tres Pinos Creek west to State Highway 101 in central San Benito County.2 Regional Regulations
San Benito County 2035 General Plan
The San Benito County 2035 General Plan is the overarching planning document for unincorporated land within San Benito County, which includes agricultural lands adjacent to and within the unincorporated portions of the EIR Study Area. The Natural and Cultural Resources (NCR) Element of the San Benito County General Plan encourages the efficient use of economically important mineral and aggregate extraction, while also protecting the community from the adverse effects of toxic historic mining.3 The goal and policies of the San Benito County General Plan related to mineral resources include:
Goal NCR-5: To protect and support economically viable mineral resource extraction while avoiding land use conflicts and environmental impacts from current and historical mining activities. Policy NCR-5.1: Mineral Resource Preservation. The County shall preserve for future use areas with potentially-important mineral resources by limiting residential or urban uses that would be incompatible with mining operations.
Policy NCR-5.2: Significant Mineral Resources. The County shall recognize areas classified Mineral Resource Zone 2 (MRZ-2) or Scientific Zone (SZ) pursuant to the Guidelines for Classification and Designation of Mineral Lands as mineral resources of statewide and regional significance and shall protect these mineral resources from premature development incompatible with mining. Policy NCR-5.3: Notice of Nearby Mineral Resources. The County shall require a notice explaining the location of important mineral resources to be recorded on any parcel within one-half mile of an MRZ 2 or SZ designation.
Policy NCR-5.7: Mining Reclamation Program. The County shall require mining operators to prepare reclamation plans and implement reclamation programs to restore land for alternative uses consistent with: the Land Use Diagram; policies for wildlife, flood, and erosion protection; and the California Surface Mining and Reclamation Act (SMARA).
Policy NCR-5.8: Mining Site Reclamation. The County shall implement State requirements for reclamation of mining sites to occur concurrently with extraction activities rather than after extraction has been completed. Additionally, the County shall ensure that reclamation is achieved in a manner that will protect public safety and enable lands to be put to subsequent beneficial use. Policy NCR-5.12: Mineral Resource Zoning. The County shall continue to apply "MR" zoning to selected mineral resource areas determined by the Board of Supervisors to require a special level of
2 California Code of Regulations, Title 14, Natural Resources, Division 2, Department of Conservation, Chapter 8, Mining and Geology, Subchapter 1, State Mining and Geology Board, Article 2, Areas Designated to Be of Regional Significance, Section 3550.12, Construction Aggregate Resources, Monterey Bay Region. 3 County of San Benito, July 21, 2015. San Benito County 2035 General Plan, Section 8, Natural and Cultural Resources Element, https://www.cosb.us/home/showpublisheddocument/5859/637347294134470000 , accessed June 3, 2022.
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protection as an additional method of avoiding land use conflicts between mineral extraction and other incompatible uses with the following criteria: a) Lands classified as MRZ-2 or SZ by the State of California Division of Mines and Geology qualify for the "MR" zoning designation and/or; b) Evidence of the location, extent, and depth, and quality of mineral resources shall be submitted as part of the MR overlay zoning application. The material shall be reviewed by a geologist selected by the County for accuracy. The County shall deny MR overlay zoning requests that do not provide evidence of significant mineral resources on site.
Policy NCR-5.14: Conservation Easements. The County shall allow the use of voluntary conservation easements on mineral lands and contiguous properties to protect significant resources.
EXISTING CONDITIONS
As described in Section 4.12.1.1, Regulatory Framework, the EIR Study Area is in the SMGB Monterey Bay Region and includes portions of aggregate materials sectors of the Monterey Bay P-C Region. As shown on Figure 4.12-1, Regionally Significant Construction Aggregate Resources Areas, Sector E follows the southwest boundaries of the EIR Study Area and includes construction aggregate deposits (sand, gravel, and crushed rock) of regional significance (i.e., MRZ-2 sites). Sector E is defined as the channel and floodplain deposits in a long portion of the San Benito River extending from lower Tres Pinos Creek west to State Highway 101 in central San Benito County.4 These resources may be needed to meet future demands in the region. The properties controlled by aggregate producers are also shown on Figure 4.12-
1. According to the California Department of Conservation, these sites within the Sector E boundaries are recognized mining operations that are classified as MRZ-2.
According to the California Department of Conservation, Division of Mine Reclamation, there are three mines within the EIR Study Area, described herein:
Plant 25 (Mine ID: 91-35-0004). Plant 25 is in northeastern Hollister, east of the Hollister Municipal Airport, and is shown on Figure 4.12-1 as a property controlled by aggregate producers. This location is also known as the San Lorenzo Lumber Company (SLC)/Plant 25/Don Chapin site. The lead agency for this operation is the County of San Benito. This is an active mine and the operation type is open pit. The primary product is sand and gravel and other products include fill soil.5, 6 The facility is operated by the Don Chapin Company at 2735 Bolsa Road.7 See Figure 4.12-2, Plant 25 (Mine ID: 91- 35-0004).
4 California Code of Regulations, Title 14, Natural Resources, Division 2, Department of Conservation, Chapter 8, Mining and Geology, Subchapter 1, State Mining and Geology Board, Article 2, Areas Designated to Be of Regional Significance, Section 3550.12, Construction Aggregate Resources, Monterey Bay Region. 5 County of San Benito, November 18, 2022. San Benito County, 2020 Active Mine Update, https://sanbenito.novusagenda.com/agendapublic/AttachmentViewer.ashx?AttachmentID=10932&ItemID=5668 , accessed June 3, 2022.
6 California Department of Conservation, Division of Mine Reclamation, Mines Online, https://maps.conservation.ca.gov/mol/?query=MOLMinesNoAB_759_5356_160_7492_277,Mine_ID,91-35-0004 , accessed June 3, 2022.
7 Don Chapin Company, Home, https://www.donchapin.com/ , accessed June 3, 2022.
3 SLC/Plant 25/Don Chapin –Mine ID: 91-35-0004+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++1.General Description: SLC/Plant 25/Don Chapin is a sand mine. This land wasleased from San Lorenzo Lumber Company and Use Permit 140 -79 was obtained by Hillsdale Rock. Hilldale Rock ceased operation in July of 1998 when Chapinleased the property.
2.Location and Supervisory District:
District 1 –Mark Medina
3.Relative History / Issues to Resolve:None.
4.Current Status:Active Mine
Source: From San Benito County, 2020 Active Mine Update, prepared by Arielle Goodspeed and Benchmark Resources, 2020.
Figure 4.12-2
Plant 25 (Mine ID: 91-35-0004)
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Sandman, Inc. (Mine ID: 91-35-0015). Sandman, Inc. is in southwestern Hollister near the Nash Road/Westside Road intersection and is within the E-3 Sector shown on Figure 4.12-1. The lead agency for this operation is the County of San Benito. This is not currently an active mine and is subject to an interim management plan approved by the San Benito County Planning Commission in June 2021. The past operation type was quarry and the primary product was sand and gravel. As of January 2022, Sandman, Inc. has applied to the County of San Benito to reinitiate the sand and gravel mining within and adjacent to the San Benito River channel on a 131-acre site north (downstream) of the Nash Road Bridge in unincorporated San Benito County, adjacent to Hollister. 8, 9, 10 See Figure
4.12-3, Sandman, Inc. (Mine ID: 91-35-0015).
San Benito Sand Plant (Mine ID: 91-35-0011). San Benito Sand Plant is in southwestern Hollister west of Southside Road and is within the E-5 Sector shown on Figure 4.12-1. This location is formally known as the Gillio site. The lead agency for this operation is the County of San Benito. This is not currently an active mine and as of 2020, the County is completing the process of reviewing the application and completing environmental analysis to amend the reclamation plan and close the site. The past operation type was streambed or gravel bar skimming and pitting and the primary product was sand and gravel.11, 12 See Figure 4.12-4, San Benito Sand Plant (Mine ID: 91-35-0011).
4.12.2 STANDARDS OF SIGNIFICANCE
Implementation of the proposed project would result in significant impacts to mineral resources if it would:
1. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state.
2. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan.
3. In combination with past, present, and reasonably foreseeable projects, result in a cumulative impact with respect to mineral resources.
8 California Department of Conservation, Division of Mine Reclamation, Mines Online, https://maps.conservation.ca.gov/mol/?query=MOLMinesNoAB_759_5356_160_7492_277,Mine_ID,91-35-0015 , accessed June 3, 2022.
9 County of San Benito, November 18, 2022. San Benito County, 2020 Active Mine Update, https://sanbenito.novusagenda.com/agendapublic/AttachmentViewer.ashx?AttachmentID=10932&ItemID=5668 , accessed June 3, 2022.
10 San Benito County, Resources Management Agency, Mine ID# 91-35-0015: Nash Road Quarry (Sandman) Reclamation Plan Amendment, https://www.cosb.us/departments/resource-management-agency/planning-and-land-use-division/nash-road- quarry-reclamation-plan, accessed June 3, 2022.
11 California Department of Conservation, Division of Mine Reclamation, Mines Online, https://maps.conservation.ca.gov/mol/?query=MOLMinesNoAB_759_5356_160_7492_277,Mine_ID,91-35-0004 , accessed June 3, 2022.
12 County of San Benito, November 18, 2022. San Benito County, 2020 Active Mine Update, https://sanbenito.novusagenda.com/agendapublic/AttachmentViewer.ashx?AttachmentID=10932&ItemID=5668 , accessed June 3, 2022.
13 Nash Road Sandman Quarry –Mine ID: 91-35-0015+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++1.General Description: Nash Road is a river/off-channel sand and gravel mine at five-foot depths. There has been no mining in the river since 1989 due to a stop work order.
2.Location and Supervisory District:
District 2 –Subject to 11/3/ 2020 Election Results. Formerly Anthony Botelho
3.Relative History / Issues to Resolve:Site has been closed during extended period of litigation with County, during which time no IMP was filed. Operator has submitted a pre-application and a proposed reclamation plan amendment in December 2019. This submittal is was reviewed by the County and requires revisions. The DMR LART Report (1/13) notes that an IMP should have been filed.
Current disturbance at plant site is approximately 7 acres. DMR LART Report (1/13) notes 22 acres, which includes prior disturbance in the channel for mining.
4.Current Status:Idle Mine.
Source: From San Benito County, 2020 Active Mine Update, prepared by Arielle Goodspeed and Benchmark Resources, 2020.
Figure 4.12-3
Sandman, Inc. (Mine ID: 91-35-0015)
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10 Sand Benito Sand Plant –Mine ID: 91-35-0011+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++1.General Description:Sand Benito Sand Plant is an in-stream and off-channel pitsmine for sand and gravel. The Use Permit15-75 and 406-87 required miningisolation from main channel for excavation of off-channel pits Elevation limitsincluded in the 1987 reclamation plan.
2.Location and Supervisory District:
3.Relative History / Issues to Resolve:This site met its reclamation plan commitments, however, therewere changed environmental circumstances when the San Benito River flooded and compromised a berm separating a completed off- channel extraction area and the river channel. Hydrology and biological studies were commissioned, and a draft application to amend the reclamation plan for site closure submitted. The County is completing the process of reviewing the application and completing environmental analysis to amend the reclamation plan and close the site.Operator authorized County to prepare current FACE. Site is already effectively reclaimed and ready for final closure. FACE provides for final revegetation treatment at a 5-to 10-acre level site of former process plant.The Operator will work with Lead Agency to amend Reclamation Plan that would be most appropriate second use and fit with the General Plan for the County for mine site area. The operator intends to reclaim property to end use that would be beneficial and within County’s General Plan for the area. As such Operator is working with the County to finalize that reclamation plan.
4.Current Status:Idle mine with nearly completed. Minor revegetation may be required and final closure to follow.
Source: From San Benito County, 2020 Active Mine Update, prepared by Arielle Goodspeed and Benchmark Resources, 2020.
Figure 4.12-4
San Benito Sand Plant (Mine ID: 91-35-0011)
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4.12.3 IMPACT DISCUSSION
MIN-1 Implementation of the proposed project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state.
2040 General Plan
As described under Section 4.12.1.2, Existing Conditions, the EIR Study Area includes lands that are recognized by the State as having regionally significant aggregate resources. While the majority of these sites are outside of the current and proposed sphere of influence (SOI), thereby indicating they are not subject to annexation into the City Limits over the course of the General Plan buildout horizon, portions of these properties are in the existing and proposed SOI, as shown on Figure 4.12-1. As the only active mine in the EIR Study Area, the Plant 25 site would retain its industrial land use designation under the proposed 2040 General Plan. The Sandman site would have open space and agricultural land use designations under the proposed 2040 General Plan. The San Benito Sand Plant site would have a Specific Plan Area land use designation. While the land uses for the Specific Plan Areas have not been officially designated, proposed General Plan 2040 Policy LU-2.2, Specific Plan Land Use Patterns, requires that future development in this Specific Plan Area follow the general plan land use patterns shown in Figure LU-7 of the proposed Land Use and Community Design (LU) Element, which designates the San Benito Sand Plan site as River Open Space/Park. SMGB policy states that land uses that require a high public or private investment in structures, land improvements, and landscaping, or that would otherwise prevent mining (i.e., high- density residential development, public facilities, intensive industrial and commercial uses) are inherently incompatible with the conservation and extraction of mineral resources. Those land uses that require a low public or private investment in structures, land improvements, and landscaping that would allow mining (i.e., extensive industrial, recreation, agricultural, and open space uses) could be compatible.
Therefore, the proposed land use designation of the mining sites would be compatible with the conservation and extraction of mineral resources.
As described in Chapter 3, Project Description, of this Revised Draft EIR, an objective of the proposed 2040 General Plan is to provide for balanced and sustainable growth by creating and maintaining a cohesive development pattern amidst the agriculture landscape, with clearly defined urban edges. An urban boundary is created to protect Hollister’s surrounding lands from sprawl, reduce the cost of extending costly infrastructure, and enhance the visual character of the city’s edge. Land use policies are enacted to reduce incompatible land uses and ensure developments pay for their share of infrastructure, public facilities, and any environmental costs they might impose. Accordingly, the potential future development is expected to occur in existing urban areas and would be in the form of infill/intensification on sites already developed and/or underutilized and/or near existing residential and residential-serving development. These urbanized areas do not have known mineral resources of value to the region or the state.
The proposed Natural Resources and Conservation (NRC) Element and Open Space and Agricultural (OS) Element of the 2040 General Plan contains goals, policies, and actions that require local planning and
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development decisions to consider impacts to mineral resources. The following proposed 2040 General Plan goals, policies, and action would serve to minimize potential adverse impacts on mineral resources:
Goal NRC-6: Protect the current and future extraction of mineral resources in Hollister while minimizing impacts of this use on the public and the environment. (new) Policy NRC-6.1: Mineral Resource Conservation. Use land use controls and other appropriate measures to preserve regionally significant mineral resources in the Planning Area identified by the State Division of Mining and Geology. (new)
Policy NRC-6.1: Mineral Resource Impact Review. Review impacts on mineral resources and other natural resources prior to the issuance of any building permit. (Implementation Measure NRC.W) Policy NRC-6.3: Mineral Resource Management. Manage mineral resource extraction to ensure that this activity results in the fewest possible environmental impacts. Require preparation and assured implementation of a rehabilitation plan for mineral extraction sites as a condition of mining approval.
The mineral resource extraction plan shall address the protection and restoration of biotic resources. (new)
Policy NCR-6.4: Expansion of Mining Sites. New or expanded mining operations in the Hollister Planning Area shall adhere to the following guidelines:
Demonstrate no significant adverse impacts from the mining operations on adjoining areas and uses, including, but not limited to, those associated with noise, dust, and vibration. Demonstrate no substantial increase in hazards to neighboring uses, water quality, air quality, agricultural resources, or biological resources.
Demonstrate that the proposed plan complies with existing applicable County and State waste management standards.
Incorporate sufficient buffering between mining operations and adjacent non-mining uses to minimize noise.
Incorporate landscaping buffers and other measures to minimize visual impacts to the extent possible. (new)
Policy NCR-6.5: Land Use Compatibility. Restrict permitted uses on lands containing important mineral resources to those compatible with mineral extraction, except in cases where such uses offer public benefits that outweigh those of resource extraction. (new) Policy NCR-6.6: Reclamation of Mining Sites. Reclaim former mining sites to a condition that is readily adaptable for alternative land uses, consistent with the Land Use Map and other applicable policies, in accordance with the California Surface Mining and Reclamation Act (SMARA). (new) Policy NRC-6.7: Union Road Mineral Resources. Preserve aggregate mineral resources in the Union Road Special Planning Area that are of known value to the region. (new) Goal OS-2: Preserve viable agricultural activities and lands. (Goal OS2) Action OS-2.3: Urban Growth Boundary. Work with the County of San Benito and the City of San Juan Bautista to establish and maintain an Urban Growth Boundary that delineates future urbanization from areas in which urbanization will not occur, so as to protect agricultural and open space uses.
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Lands outside of the Urban Growth Boundary shall only be designated for agriculture, park, open space, public facility, and utility uses. When establishing the Urban Growth Boundary, the following qualities should be taken into consideration: access to infrastructure, public services, transit, healthcare, and commercial uses; preserving farmland; and establishing a buffer between urban and rural uses. (new)
Additionally, the San Benito County 2035 General Plan includes Policies NCR-5.2 and NCR-5.12, discussed in Section 4.12.1, Regulatory Framework, which protect mineral resources from premature development incompatible with mining. Therefore, through land use compatibility under the SMGB policy and compliance with the proposed 2040 General Plan policies and existing San Benito County General Plan policies, implementation of the proposed project would not result in the loss of availability of a known mineral resource, and impacts would be less than significant.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed Climate Action Plan (CAP) is a strategic plan focused on greenhouse gas (GHG) emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan.
Since the proposed CAP does not involve any land use changes that would affect mineral resources, implementation of the proposed CAP would not directly result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state and impacts would be less than significant.
Significance without Mitigation: Less than significant.
Agricultural Lands Preservation Program
The proposed Agricultural Lands Preservation Program (ALPP) is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. The Plant 25 site would retain its industrial land use designation under the proposed 2040 General Plan, making it ineligible for dedication. The Sandman site would have open space and agricultural land use designations, and the San Benito Sand Plant site would have an agricultural land use designation under the proposed 2040 General Plan. SMGB policy states that land uses that require a high public or private investment in structures, land improvements, and landscaping, or that would otherwise prevent mining (i.e., high- density residential development, public facilities, intensive industrial and commercial uses) are inherently incompatible with the conservation and extraction of mineral resources. Those land uses that require a low public or private investment in structures, land improvements, and landscaping that would allow mining (i.e., extensive industrial, recreation, agricultural, and open space uses) could be compatible.
Therefore, since the mines are designated as open space and agriculture under the proposed 2040 General Plan, dedication of these lands as an agricultural conversion easement under the proposed ALPP
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would not directly result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state and impacts would be less than significant.
Significance without Mitigation: Less than significant.
MIN-2 Implementation of the proposed project would not result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan.
2040 General Plan
As discussed in Impact Discussion MIN-1, the proposed 2040 General Plan, as well as the San Benito County 2035 General Plan, include policies to minimize the potential impacts on mineral resources.
Furthermore, the proposed land use designations under the 2040 General Plan for the mining sites would be compatible with the conservation and extraction of mineral resources, according to SMGB policy.
Therefore, implementation of the proposed project would not result in loss of any locally important mineral resource recovery sites, and the impact would be less than significant.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. Since the proposed CAP does not involve any land use changes that would affect mineral resources, implementation of the proposed CAP would not directly result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan, and impacts would be less than significant.
Significance without Mitigation: Less than significant.
Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. As discussed under Impact Discussion MIN-1, the proposed land use designations under the 2040 General Plan for the mining sites would be compatible with the conservation and extraction of mineral resources, according to SMGB policy. Therefore, dedication of these lands as an agricultural conversion easement under the proposed ALPP would not directly result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan, and impacts would be less than significant.
Significance without Mitigation: Less than significant.
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MIN-3 Implementation of the proposed project, in combination with past, present, and reasonably foreseeable projects, would not result in significant cumulative impacts with respect to mineral resources. 2040 General Plan
As discussed in Chapter 4, Environmental Analysis, of this Revised Draft EIR, the geographic scope of the cumulative analysis for mineral resources of statewide importance considers the surrounding incorporated and unincorporated land, the region, and the state. Future development throughout the state could result in the loss of mineral resources that are of value to the region and the residents of the state, and therefore impacts could be significant.
The proposed land use designations under the 2040 General Plan for the mining sites would be compatible with the conservation and extraction of mineral resources, according to SMGB policy.
Therefore, implementation of the proposed project would not result in a cumulatively considerable contribution to cumulative impacts related to the conversion of resources, and the impact would be less than significant.
Significance without Mitigation: Less than significant.
Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. Since the proposed CAP does not involve any land use changes that would affect mineral resources, the proposed CAP would result in a less- than-significant cumulative impact with respect to mineral resources.
Significance without Mitigation: Less than significant.
Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. As discussed under Impact Discussions MIN-1 and MIN-2, the proposed land use designations under the 2040 General Plan for the mining sites would be compatible with the conservation and extraction of mineral resources, according to SMGB policy. Therefore, dedication of these lands as an agricultural conversion easement under the proposed ALPP would result in a less-than-significant cumulative impact with respect to mineral resources .
Significance without Mitigation: Less than significant.
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4.13 NOISE
This chapter of the Revised Draft Environmental Impact Report (EIR) describes the potential noise and vibration impacts associated with the approval and implementation of the proposed project. This chapter describes the regulatory framework and existing conditions, identifies criteria used to determine impact significance, provides an analysis of the potential noise and vibration impacts, and identifies policies and feasible mitigation measures, if required, that could minimize any potentially significant impacts.
Noise modeling is included in Appendix E, Revised Noise Data, of this Revised Draft EIR. Transportation- sector impacts are based on traffic data provided by Kimley-Horn and Associates.
4.13.1 ENVIRONMENTAL SETTING
TERMINOLOGY
The following are brief definitions of terminology used in this chapter:
Sound. A disturbance created by a vibrating object, which when transmitted by pressure waves through a medium such as air, is capable of being detected by the human ear or a microphone. Noise. Sound that is loud, unpleasant, unexpected, or otherwise undesirable. Decibel (dB). A measure of sound on a logarithmic scale. A-Weighted Decibel (dB(A)). An overall frequency-weighted sound level in decibels that approximates the frequency response of the human ear.
Equivalent Continuous Noise Level (Leq). The mean of the noise level, energy averaged over the measurement period.
Lmax. The maximum root-mean-square noise level during a measurement period. Statistical Sound Level (Ln). The sound level that is exceeded “n” percent of time during a given sample period. For example, the L50 level is the statistical indicator of the time-varying noise signal that is exceeded 50 percent of the time (during each sampling period). This is also called the “median sound level.” The L10 level, likewise, is the value that is exceeded 10 percent of the time (i.e., near the maximum) and this is often known as the “intrusive sound level.” The L90 is the sound level exceeded 90 percent of the time and is often considered the “effective background level” or “residual noise level.”
Day-Night Sound Level (Ldn or DNL). The energy-average of the A-weighted sound levels occurring during a 24-hour period, with 10 dB(A) added to the sound levels occurring during the period from 10:00 p.m. to 7:00 a.m.
Community Noise Equivalent Level (CNEL). The energy-average of the A-weighted sound levels occurring during a 24-hour period, with 5 dB(A) added to the levels occurring during the period from 7:00 p.m. to 10:00 p.m. and 10 dB(A) added to the sound levels occurring during the period from 10:00 p.m. to 7:00 a.m. Note: For general community/environmental noise, CNEL and Ldn values rarely
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differ by more than 1 dB(A). As a matter of practice, Ldn and CNEL values are considered to be equivalent/interchangeable.
Peak Particle Velocity (PPV). The peak rate of speed at which soil particles move (e.g., inches per second) due to ground vibration.
Vibration Decibel (VdB). A unitless measure of vibration, expressed on a logarithmic scale and with respect to a defined reference vibration velocity. In the United States, the standard reference velocity is 1 micro-inch per second (1x10-6 in/sec).
Noise-Sensitive Receptor. Noise- and vibration-sensitive receptors include land uses where quiet environments are necessary for enjoyment and public health and safety. Residences, schools, motels and hotels, libraries, religious institutions, hospitals, and nursing homes are examples.
SOUND FUNDAMENTALS
Sound is a pressure wave transmitted through the air. It is described in terms of loudness or amplitude (measured in decibels), frequency or pitch (measured in Hertz [Hz] or cycles per second), and duration (measured in seconds or minutes). The standard unit of measurement of the loudness of sound is the decibel (dB). Changes of 1 to 3 dB(A) are detectable under quiet, controlled conditions and changes of less than 1 dB(A) are usually indiscernible. A 3 dB(A) change in noise levels is considered the minimum change that is detectable with human hearing in outside environments. A change of 5 dB(A) is readily discernable to most people in an exterior environment, and a 10 dB(A) change is perceived as a doubling (or halving) of the sound.
The human ear is not equally sensitive to all frequencies. Sound waves below 16 Hz are not heard at all and are “felt” more as a vibration. Similarly, while people with extremely sensitive hearing can hear sounds as high as 20,000 Hz, most people cannot hear above 15,000 Hz. In all cases, hearing acuity falls off rapidly above about 10,000 Hz and below about 200 Hz. Since the human ear is not equally sensitive to sound at all frequencies, a special frequency dependent rating scale is usually used to relate noise to human sensitivity. The A-weighted decibel scale (dB(A)) performs this compensation by weighting frequencies in a manner approximating the sensitivity of the human ear.
Noise is defined as unwanted sound and is known to have several adverse effects on people, including hearing loss, speech and sleep interference, physiological responses, and annoyance. Based on these known adverse effects, the federal government, the State of California, and many local governments have established criteria to protect public health and safety and to prevent disruption of certain human activities.
Sound Measurement
Sound pressure is measured through the A-weighted measure to correct for the relative frequency response of the human ear. That is, an A-weighted noise level de-emphasizes low and very high frequencies of sound similar to the human ear’s de-emphasis of these frequencies.
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Unlike linear units such as inches or pounds, decibels are measured on a logarithmic scale, representing points on a sharply rising curve. On a logarithmic scale, an increase of 10 dB(A) is 10 times more intense than 1 dB(A), while 20 dB(A) is 100 times more intense, and 30 dB(A) is 1,000 times more intense. The decibel system of measuring sound gives a rough connection between the physical intensity of sound and its perceived loudness to the human ear. Ambient sounds generally range from 30 dB(A) (very quiet) to 100 dB(A) (very loud).
Sound levels are generated from a source and their decibel level decreases as the distance from that source increases. Sound dissipates exponentially with distance from the noise source. This phenomenon is known as “spreading loss.” For a single point source, sound levels decrease by approximately 6 dB(A) for each doubling of distance from the source. This drop-off rate is appropriate for noise generated by on-site operations from stationary equipment or activity at a project site. If noise is produced by a line source, such as highway traffic, the sound decreases by 3 dB(A) for each doubling of distance in a hard site environment. Line source noise in a relatively flat environment with absorptive vegetation decreases by
4.5 dB(A) for each doubling of distance.
Time variation in noise exposure is typically expressed in terms of a steady-state energy level equal to the energy content of the time varying period (called Leq), or alternately, as a statistical description of the sound level that is exceeded over some fraction of a given observation period. For example, the L50 noise level represents the noise level that is exceeded 50 percent of the time. Half the time the noise level exceeds this level and half the time the noise level is less than this level. This level is also representative of the level that is exceeded 30 minutes in an hour. Similarly, the L2, L8 and L25 values represent the noise levels that are exceeded 2, 8, and 25 percent of the time, or 1, 5, and 15 minutes per hour. These “Ln” values are typically used to demonstrate compliance for stationary noise sources with a city’s noise ordinance, as discussed subsequently.
Psychological and Physiological Effects of Noise
Physical damage to human hearing begins at prolonged exposure to noise levels higher than 85 dB(A).
Exposure to high noise levels affects our entire system, with prolonged noise exposure in excess of 75 dB(A) increasing body tensions, and thereby affecting blood pressure, functions of the heart and the nervous system. In comparison, extended periods of noise exposure above 90 dB(A) could result in permanent hearing damage. When the noise level reaches 120 dB(A), a tickling sensation occurs in the human ear even with short-term exposure. This level of noise is called the threshold of feeling. As the sound reaches 140 dB(A), the tickling sensation is replaced by the feeling of pain in the ear. This is called the threshold of pain. Table 4.13-1, Typical Noise Levels, shows typical noise levels from familiar noise sources.
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TABLE 4.13-1 TYPICAL NOISE LEVELS
Common Outdoor Activities
Noise Level
(dB(A)) Common Indoor Activities
Onset of physical discomfort 120+
110 Rock Band (near amplification system)
Jet Flyover at 1,000 feet
100
Gas Lawn Mower at three feet
90 Diesel Truck at 50 feet, at 50 mph Food Blender at 3 feet 80 Garbage Disposal at 3 feet
Noisy Urban Area, Daytime
70 Vacuum Cleaner at 10 feet
Commercial Area Normal speech at 3 feet
Heavy Traffic at 300 feet 60
Large Business Office
Quiet Urban Daytime 50 Dishwasher Next Room
Quiet Urban Nighttime 40 Theater, Large Conference Room (background) Quiet Suburban Nighttime
30 Library
Quiet Rural Nighttime Bedroom at Night, Concert Hall (background) 20 Broadcast/Recording Studio
10 Lowest Threshold of Human Hearing 0 Lowest Threshold of Human Hearing Source: California Department of Transportation, 2013, Technical Noise Supplement (“TeNS”).
VIBRATION FUNDAMENTALS
Vibration is an oscillating motion. Like noise, vibration is transmitted in waves, but in this case through earth or solid objects. Unlike noise, vibration is typically felt rather than heard. Vibration can be either natural as in the form of earthquakes, volcanic eruptions, landslides, or man-made as from explosions, heavy machinery or trains. Both natural and man-made vibration may be continuous such as from operating machinery, or impulsive as from an explosion.
Vibration amplitudes are usually described in terms of either vibration decibels (VdB) or peak particle velocity (PPV). Table 4.13-2, Human Reaction to Typical Vibration Levels in Peak Particle Velocity, and Table
4.13-3, Human Reaction to Typical Vibration Levels in Vibration Decibels, present the human reaction to various levels of PPV and VdB, respectively.
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TABLE 4.13-2 HUMAN REACTION TO TYPICAL VIBRATION LEVELS IN PEAK PARTICLE VELOCITY Vibration Level
Peak Particle Velocity
(in/sec) Human Reaction Effect on Buildings
0.006 to 0.019 Threshold of perception, possibility of intrusion Vibrations unlikely to cause damage of any type
0.08 Vibrations readily perceptible Recommended upper level of vibration to which ruins and ancient monuments should be subjected
0.10 Level at which continuous vibration begins to
annoy people
Virtually no risk of “architectural” (i.e., not
structural) damage to normal buildings
0.20 Vibrations annoying to people in buildings
Threshold at which there is a risk to “architectural”
damage to normal dwelling (houses with plastered
walls and ceilings)
0.4 to 0.6
Vibrations considered unpleasant by people
subjected to continuous vibrations and
unacceptable to some people walking on
bridges
Vibrations at a greater level than normally expected
from traffic, but would cause “architectural” damage
and possibly minor structural damage
Source: California Department of Transportation, 2020, Transportation and Construction Vibration Guidance Manual.
TABLE 4.13-3 HUMAN REACTION TO TYPICAL VIBRATION LEVELS IN VIBRATION DECIBELS Vibration Velocity Level Human Reaction
65 VdB Approximate threshold of perception for many humans. 75 VdB Approximate dividing line between barely perceptible and distinctly perceptible. Many people find transit vibration at this level annoying.
85 VdB Vibration tolerable only if there are an infrequent number of events per day.
Source: Federal Transit Administration, 2018, Transit Noise and Vibration Impact Assessment.
REGULATORY FRAMEWORK
Federal Regulations
Federal Highway Administration
Proposed federal or federal-aid highway construction projects at a new location, or the physical alteration of an existing highway that significantly changes either the horizontal or vertical alignment, or increases the number of through-traffic lanes, requires an assessment of noise and consideration of noise abatement pursuant to 23 Code of Federal Regulations Part 772, Procedures for Abatement of Highway Traffic Noise and Construction Noise. The Federal Highway Administration (FHWA ) has adopted noise abatement criteria for sensitive receivers such as picnic areas, recreation areas, playgrounds, active sport areas, parks, residences, motels, hotels, schools, churches, libraries, and hospitals when “worst-hour” noise levels approach or exceed 67 dB(A) Leq. The California Department of Transportation (Caltrans) has further defined approaching the noise abatement criteria to be 1 dB(A) below the noise abatement
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criteria for noise sensitive receivers identified as Category B activity areas (e.g., 66 dB(A) Leq is considered approaching the noise abatement criteria).1
United States Environmental Protection Agency
In addition to FHWA standards, the United States Environmental Protection Agency (USEPA) has identified the relationship between noise levels and human response. The USEPA has determined that over a 24- hour period, a Leq of 70 dB(A) will result in some hearing loss. Interference with activity and annoyance will not occur if exterior levels are maintained at a Leq of 55 dB(A) and interior levels at or below 45 dB(A).
While these levels are relevant for planning and design and useful for informational purposes, they are not land use planning criteria because they do not consider economic cost, technical feasibility, or the needs of the community.
The USEPA has set 55 dB(A) Ldn as the basic goal for exterior residential noise intrusion. However, other federal agencies, in consideration of their own program requirements and goals, as well as difficulty of actually achieving a goal of 55 dB(A) Ldn, have settled on the 65 dB(A) Ldn level as their standard. At 65 dB(A) Ldn, activity interference is kept to a minimum, and annoyance levels are still low. It is also a level that can realistically be achieved.
Occupational Health and Safety Administration
The federal government regulates occupational noise exposure common in the workplace through the Occupational Health and Safety Administration under the USEPA. Such limitations would apply to the operation of construction equipment and could also apply to any proposed industrial land uses. Noise exposure of this type is dependent on work conditions and is addressed through a facility’s Health and Safety Plan and is therefore not addressed further in this analysis.
United States Department of Housing and Urban Development The US Department of Housing and Urban Development (HUD) has set a goal of 65 dB(A) Ldn as a desirable maximum exterior standard for residential units developed under HUD funding. (This level is also generally accepted within the State of California.) While HUD does not specify acceptable interior noise levels, standard construction of residential dwellings typically provides in excess of 20 dB(A) of attenuation with the windows closed. Based on this premise, the interior Ldn should not exceed 45 dB(A).
Aircraft Noise Standards
The Federal Aviation Administration (FAA) Advisory Circular Number 150 5020 2, entitled “Noise Assessment Guidelines for New Helicopters” recommends the use of a cumulative noise measure, the 24- hour equivalent sound level [Leq(24)], so that the relative contributions of the heliport and other sound sources within the community may be compared. The Leq(24) is similar to the Ldn used in assessing the impacts of fixed wing aircraft. The helicopter Leq(24) values are obtained by logarithmically adding the single-event level (SEL) values over a 24-hour period.
1 Caltrans Division of Environmental Analysis, 2020, Traffic Noise Analysis Protocol.
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Public Law 96 193 also directs the FAA to identify land uses which are “normally compatible” with various levels of noise from aircraft operations. Because of the size and complexity of many major hub airports and their operations, Federal Aviation Regulation Part 150 identifies a large number of land uses and their attendant noise levels. These recommended noise levels are included in Table 4.13-4, Normally Compatible Community Sound Levels.
TABLE 4.13-4 NORMALLY COMPATIBLE COMMUNITY SOUND LEVELS Type of Area Leq(24)
Residential
Suburban
Urban
City
57 67
72 Commercial 72
Industrial 77
Note: The Leq is the equivalent continuous noise level, which describes sound levels that vary over time, resulting in a single decibel value that takes into account the total sound energy over the period of time of interest.
Source: Federal Aviation Administration Advisory Circular Number 150 5020 2, 1983.
State Regulations
General Plan Guidelines
The State of California, through its General Plan Guidelines, discusses how ambient noise should influence land use and development decisions and includes a table of normally acceptable, conditionally acceptable, normally unacceptable, and clearly unacceptable uses at different noise levels, expressed in CNEL. A conditionally acceptable designation implies new construction or development should be undertaken only after a detailed analysis of the noise reduction requirements for each land use and needed noise insulation features are incorporated in the design. By comparison, a normally acceptable designation indicates that standard construction can occur with no special noise reduction requirements.
The general plan guidelines provide cities with recommended community noise and land use compatibility standards that can be adopted or modified at the local level based on conditions and types of land uses specific to that jurisdiction. The City of Hollister has not adopted its own noise and land use compatibility guidelines. Therefore, the State of California’s guidelines are used (shown in Table 4.13-5, State Community Noise and Land Use Compatibility).
California Building Code
The California Building Code, Title 24, Part 2, Volume 1, Chapter 12, Section 1207.11.2, Allowable Interior Noise Levels, requires that interior noise levels attributable to exterior sources shall not exceed 45 dB in any habitable room. The noise metric is evaluated as either the Ldn or the CNEL, consistent with the noise element of the local general plan.
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TABLE 4.13-5 STATE COMMUNITY NOISE AND LAND USE COMPATIBILITY Land Uses
CNEL or Ldn (dB(A))
55 60 65 70 75 80
Residential-Low Density
Single Family, Duplex, Mobile Homes
Residential - Multiple Family
Transient Lodging: Hotels and Motels
Schools, Libraries, Churches, Hospitals, Nursing Homes
Auditoriums, Concert Halls, Amphitheaters
Sports Arena, Outdoor Spectator Sports
Playground, Neighborhood Parks
Golf Courses, Riding Stables, Water Recreation, Cemeteries
Office Buildings, Businesses, Commercial and Professional
Industrial, Manufacturing, Utilities, Agricultural
Normally Acceptable:
Specified land use is satisfactory, based on the assumption that any buildings are of normal conventional construction, without any special noise insulation requirements.
Normally Unacceptable:
New construction or development should generally be
discouraged. If new construction or development does proceed, a detailed analysis of noise reduction requirements must be made and needed noise insulation features included in design.
Conditionally Acceptable:
New construction or development should be undertaken
only after a detailed analysis of noise reduction
requirements is made and needed noise insulation features included in design. Conventional construction, but with closed windows and fresh air supply systems or air
conditioning, will normally suffice.
Clearly Unacceptable:
New construction or development should generally not be undertaken.
Source: Governor’s Office of Planning and Research, 2017, State of California General Plan 2017 Guidelines, Appendix D.