Pittsburg City Council
October 2, 2023

CITY OF PITTSBURG
AGENDA
OCTOBER 02, 2023

CITY OF PITTSBURG MARINA CENTER
340 MARINA BOULEVARD, PITTSBURG, CA

PLEASE NOTE VENUE CHANGE DUE TO COUNCIL CHAMBER REMODEL

SPECIAL MEETING
5:30 P.M.

PLANNING COMMISSION APPEAL

CLOSED SESSION
6:30 P.M.

REGULAR MEETING
7:00 P.M.

CITY COUNCIL

HOUSING AUTHORITY

PITTSBURG ARTS AND COMMUNITY FOUNDATION

PITTSBURG POWER COMPANY

SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II

SUCCESSOR AGENCY

PRESIDING
Shanelle Scales-Preston, Mayor/Chair
Juan Antonio Banales, Vice- Mayor/Chair
Jelani Killings, Council Member/Board Member
Dionne Adams, Council Member/Board Member
Angelica Lopez, Council Member/Board Member
FOR HOUSING AUTHORITY:

S.L. Floyd, Housing Authority Member
Annie Hill Herring, Housing Authority Member
-------------------------------------------------------------------------------------------------------------------------- Pittsburg City Council regular meetings are held the first and third Mondays of each month at 7:00 p.m. The Housing Authority meets in conjunction with the City Council on the third Monday of each month. The Pittsburg City Council meets regularly in the Council Chamber at 65 Civic Avenue, unless otherwise noted above. The City Council also sits as the Board of Directors of several other City agencies. The stipends for all agency members conform to state statutes governing compensation amounts.

All other Agencies meet on an as needed basis and will be listed above if applicable. Copies of the open session agenda packets, which are distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except from noon to 1:00 p.m. and City holidays). The agenda and reports are also located on the City’s website at www.pittsburgca.gov. Additionally, if any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports and documents will also be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais 1 5:30 PM - SPECIAL MEETING FOR A PLANNING COMMISSION APPEAL

1. Public Hearing on an Appeal of the Planning Commission’s Decision to Not Recommend City Council Adoption of an Initial Study and Mitigated Negative Declaration for a General Plan Map and Zoning Map Amendment, as Proposed, and Approval of the LMK Petro Use Permit and Design Review Applications for an Automobile Service Station with an Automated Car Wash, and Convenience Store with Alcoholic Beverage Sales for LMK Petro; Adoption of a City Council Resolution to Adopt an Initial Study and Mitigated Negative Declaration prepared pursuant to the California Environmental Quality Act, adopt a Mitigation Monitoring and Reporting Program, and amend the General Plan; and Introduction and Waive First reading of a City Council Ordinance Amending the Zoning Map for the LMK Petro Project, AP-16-1189 (GP, RZ, UP, DR)
On December 13, 2022, the Planning Commission adopted Resolution No.10214, not recommending City Council adoption of an Initial Study and Mitigated Negative Declaration for a General Plan Map and Zoning Map Amendment, as proposed, and approval of the LMK Petro Use Permit and Design Review applications for an Automobile Service Station with an Automated Car Wash, and Convenience Store with alcoholic beverage sales for LMK Petro, AP-16-1189 (GP, RZ, UP, DR).,
On December 22, 2022, LMK Petro Inc., pursuant to PMC 18.18.060, filed an appeal of the Commission’s determination.

AUDIENCE REMARKS
The Audience Remarks period is for the public to comment on any items scheduled to be heard during the Closed Session portion of the meeting, if applicable.
6:30 PM - CONVENE IN CLOSED SESSION

2. CITY - CONFERENCE WITH LABOR NEGOTIATORS pursuant to Section 54957.6
City Designated Representatives: Garrett Evans, Maria Aliotti, Jennifer Brizel and Charles Sakai (Sloan Sakai Yeung and Wong LLP)
Employee Organizations: Pittsburg Police Officers’ Association and Pittsburg Police Managers Group
7:00 PM - CONVENE IN OPEN SESSION FOR REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE
2 PROCLAMATIONS

3. California Clean Air Day

4. National Arts and Humanities Month

5. National Breast Cancer Awareness Month

6. National Filipino American History Month

7. National Italian American Heritage Month

CITY MANAGER REPORTS/REMARKS
The City Manager may make brief announcements or informal comments at this time and brief the Council on items of interest. (No Action Required)

PUBLIC COMMENTS
Members of the audience who wish to address the City Council or Agency Boards on issues that are not scheduled for the agenda and on any items listed as part of the Consent Calendar should complete a Speaker's Card available at the dais. Please read the card carefully in order to fill out the card properly.

Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given three minutes to address the Council unless additional time is allowed as provided for spokespersons. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. (No Action Required)

COMMITTEE REPORTS
Council Members may make a report on their committee assignments at this time. (see attached list of adhoc committees and other public agencies in which Council members particiapte). (No Action Required)

PUBLIC HEARING

8. Adoption of a City Council Resolution Amending the Master Fee Schedule With the identification of new services and activities offered at the Marina and Marina Community Center, staff requests addition of new fees to cover departmental costs of providing said services and activities.

9. Introduction and Waive First Reading of Two Ordinances for the Objective Design Standards 2023 Project: 1) Adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code; and 2) Amending the Zoning Map for Certain Multi-family Housing and Mixed-use Development Projects to Further Housing Production Consistent with State Law
This is a public hearing on a City-initiated request for adoption of two ordinances for the Objective Design Standards (ODS) 2023 Project (“Project”): 1) adding article XXI to Chapter 18.84 of the Pittsburg Municipal Code (PMC); and 2) amending the Zoning Map for certain multi-family housing and mixed-use development projects to further housing production consistent with State law. On May 9, 2023, the Planning Commission held a public hearing and unanimously adopted Resolution No. 10229, recommending City Council approval of the Project.
3 CONSIDERATION

10. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Consultant Agreement with North Star Place Branding and Marketing for Municipal Marketing and Branding Services and Allocating Funding in the Amount of $200,000
The City proposes to retain the services of North Star Place Branding and Marketing (“North Star”) for municipal marketing and branding efforts that focus on driving economic development. This item would also allocate the funding necessary to carry out the proposed scope of work, as well as potential ongoing marketing and branding efforts.

11. Adoption of a Minute Order Authorizing Submittal of an Application for Phase I Distressed Area Recompete Pilot Program Grant Funding from the U.S. Economic Development Administration
The US Economic Development Administration (EDA) recently launched the Recompete Pilot Program, a program with the goal of investing in economically distressed regions across the United States and address the prime age employment gaps (PAEG) higher than the national average in those areas. The program provides flexibility to invest in construction and non-construction projects that address the PAEG in the region and provide economic revitalization through investment. Specific census tracts in the Pittsburg/Antioch region are qualified areas to receive funds from this program. In light of this opportunity, the City seeks to submit an application as the lead agency for Phase 1 of the program to fund various projects designed to economically enhance our region’s industrial, job centered areas.

CONFLICT OF INTEREST STATEMENT
City Council/Agency Members may make any conflict of interest declarations pertaining to Consent Calendar items at this time.

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SUCCESSOR AGENCY AND SOUTHWEST

PITTSBURG GHAD II CONSENT CALENDAR

12. Minutes of September 18, 2023

13. Adoption of a City Council Resolution Accepting Project 3115, Stoneman Avenue Safety Improvements as Complete and Authorizing the City Engineer to File a Notice of Completion
Project 3115, Stoneman Avenue Safety Improvements (“the Project”) constructed HAWK (High Intensity Activated Crosswalk) beacons at three intersections, added an additional two radar speed feedback signs along Stoneman Avenue, and performed other striping and signage safety improvements. This resolution will accept the construction contract as complete and authorize the City Engineer to file a Notice of Completion.
4 14. Adoption of a City Council Resolution Accepting the Plans and Specifications and Awarding Project 3333—California Theater Marquee Sign
Project 3333 California Theater Marquee Sign (“the Project”) is for the removal of the existing marquee sign and installation of a new digital marquee sign at the California Theater. If adopted, this resolution will accept the project plans and specifications and authorize the City Manager to award a construction contract to Square Signs LLC.

15. Adoption of a City Council Resolution Authorizing Execution of the First Amendment to the Agreement with Western States Oil for Renewable Diesel The City requires diesel fuel for vehicles and equipment to maintain operations and provide service to the public. The existing contract for unleaded fuel and bulk renewable diesel expired on September 30, 2023. If approved, the resolution will authorize a one-year extension to the Agreement with Western States Oil without changes to current contract pricing or terms.

16. Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute a General Services Agreement with Siteworks Construction, Inc. for Project 3025 Kirker Creek Storm Canal
In the winter storms of January 2023, a 96-inch corrugated metal culvert on private property on Harbor St. collapsed causing a sinkhole. The resulting back up of Kirker Creek resulted in flooding on private and public property. If approved, the resolution would authorize the negotiation and execution of an agreement with Siteworks Construction, Inc. to remove sediment, debris, undergrowth, and obstructions from the culvert.

17. Adoption of a City Council Resolution to Authorize a Fourth Amendment to the Employment Agreement for the City Attorney
On July 17, 2018, the City Council approved the appointment of Donna Mooney as City Attorney and authorized an employment agreement. On August 21, 2023 the City Council directed staff to bring to open session for consideration an amendment to the employment agreement to revise Section 5, Compensation of the Agreement to include, effective September 3, 2023, a Four Percent (4%) cost of living adjustment (COLA) will be added to base salary; and effective the first pay period in September 2024, a Four Percent (4%) COLA, will be added to base salary.

18. Adoption of a City Council Resolution to Authorize a Fifth Amendment to the Employment Agreement for the City Manager
On February 4, 2019, the City Council approved the appointment of Garrett Evans as City Manager and authorized an Employment Agreement. On September 18, 2023, the City Council directed staff to bring to open session for consideration an amendment to the Employment Agreement to increase the salary by Four Percent (4%), effective February 5, 2023 and Four Percent (4%), effective the first pay period in February 2024. Additional Agreement term amendments include 5 Deferred Compensation or 401(a) contribution amounts of $12,500 for 2023 and 2024.

19. Adoption of a Pittsburg Power Company Resolution Adopting the 2022 Power Content Label to the California Energy Commission
The Pittsburg Power Company (PPC), in compliance with the State law (Public Utilities Code 398.1(b)), is disclosing both the power sources portfolio information and comparison to California’s total system power mix on an annual Power Content Label (PCL). For public agencies submitting board resolutions as attestation, in lieu of a requirement to provide a report from an auditor, the Board of Directors must attest to and adopt the PCL.

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
Council Members may request items to be considered for future agendas. An item will only be brought forward with a majority vote and will appear on a future agenda with staff recommendations for further Council consideration.

COUNCIL MEMBER REMARKS
Council Members may make brief announcements or informal comments at this time. (No Action Required) ADJOURNMENT TO OCTOBER 16, 2023
6 NOTICE TO PUBLIC

GENERAL INFORMATION
Copies of the open session agenda packets, as distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except City holidays). Full agenda packets are also located on the City’s website at www.pittsburgca.gov. If any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports or documents will be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais.

SPEAKER’S CARD
Members of the audience who wish to address the City Council on issues that are not scheduled for the agenda and on any items listed as part of the agenda should complete a Speaker’s Card available at the dais. Please read the card carefully in order to fill out the card properly. Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given up to three minutes to address the Council unless additional time is allowed as provided for spokespersons. Speakers are not permitted to yield their time to another speaker. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. Pursuant to the Brown Act, no action may be taken by the City Council on items not already scheduled on the agenda; however, the City Council may refer your comments/concerns to staff or request that the item be placed on a future agenda.

PUBLIC HEARINGS
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the Public Hearing is opened, except on Public Hearing items previously heard and closed to public comment. After the public has commented, the item is closed to public comment and brought to the Council/Agency level for discussion and action. Further comment from the audience will not be received unless requested by the Council/Agency.

There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting.

NOTICE TO THE DISABLED AND VISUALLY OR HEARING IMPAIRED In compliance with the Americans with Disabilities Act, the City of Pittsburg will provide special assistance for disabled residents. Upon request, an agenda for any meeting shall be made available in appropriate alternative formats. The Council Chamber is equipped with sound amplifier units for use by the hearing impaired. The units operate in conjunction with the Chamber’s sound system. You may request the sound amplifier from the City Clerk for personal use during Council meetings. If you need special assistance to participate in this meeting, or are requesting a specially formatted agenda, please contact the City Clerk at (925) 252-4850. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format. (28 CFR 35.102-35.104 ADA Title II)

DISRUPTIVE CONDUCT
The Council requests that you observe the order and decorum of our Council Chamber by turning off or setting to vibrate all cellular telephones and electronic devices, and that you refrain from making personal, impertinent, or slanderous remarks. Boisterous and disruptive behavior while the Council is in session, and the display of signs in a manner which violates the rights of others or prevents others from watching or fully participating in the Council meeting, is a violation of our Municipal Code and any person who engages in such conduct can be ordered to leave the Council Chamber by the Mayor.

LIVE MEDIA BROADCASTING ADVISEMENT
City Council meetings are webcast live on the City’s website at www.pittsburgca.gov on the Agendas and Live Meetings page. Past meetings and approved minutes are also archived on that webpage. Watch the live meeting via the City’s webcast (www.pittsburgca.gov - Agendas and Live Meetings), on Comcast Channel 24 Delta TV, AT&T U-Verse Channel 99 Delta TV. Contact the City Clerk’s office at (925) 252-4850 for more information 7 City Council Outside Agency / Liaison / Sub-Committees Assignments - 2023 Updated July 17, 2023

OUTSIDE AGENCY BOARDS COUNCIL MEMBER(S) TYPE MEETS TIME STAFF ABAG Shanelle Scales-Preston / Jelani Killings Alt. Standing Annual G. Evans Delta Diablo* Juan Banales / Shanelle Scales-Preston Alt. Standing 2nd Wednesday 4:30 pm J. Samuelson East Co. Co. County Habitat Conservancy Juan Banales / Jelani Killings Alt. Standing 4th Monday 2:00 pm J. Davis Bi-Monthly
East County Water Management Juan Banales / Jelani Killings Alt. Standing Annual J. Samuelson MCE Clean Energy Board Shanelle Scales-Preston / Angelica Lopez Alt. Standing Quarterly 7:00 pm D. Buchanan TRANSPLAN / ECCRFFA Shanelle Scales-Preston / Juan Banales Alt. Standing 2nd Thursday 6:30 pm J. Samuelson Tri-Delta Transit (2 reps)** S. Scales-Preston & Dionne Adams / Jelani Killings Alt. Standing Last Wednesday 4:00 pm J. Samuelson

LIAISON TO COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
East Bay League of Calif. Cities Shanelle Scales-Preston / Jelani Killings Alt. Standing 3rd Thursday G. Evans Los Medanos Health Advisory Committee Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed M. Aliotti Mayor’s Conference Shanelle Scales-Preston / Juan Banales Alt. Standing 1st Thursday 6:30 pm G. Evans School Districts Committee (2x2) Jelani Killings & Angelica Lopez / Dionne Adams Alt. Standing 2nd Thursday 4:00 pm M. Aliotti Quarterly
Pittsburg Police Activities League (PAL) Shanelle Scales-Preston & Angelica Lopez / Dionne Adams Alt. Standing Monthly S. Albanese

SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
Community and Economic Development Jelani Killings & Angelica Lopez / Juan Banales Alt. Standing As needed J. Davis Finance Management Shanelle Scales-Preston & Juan Banales / Jelani Killings Alt. Standing As needed P. Rodrigues Government Performance Juan Banales & Jelani Killings Ad Hoc As needed J. Brizel Infrastructure and Transportation Juan Banales & Dionne Adams / Angelica Lopez Alt. Standing As needed J. Samuelson Life Enrichment Dionne Adams & Angelica Lopez / Shanelle Scales-Preston Alt. Standing As needed K. Simonton Public Safety Shanelle Scales-Preston & Jelani Killings / Dionne Adams Alt. Standing As needed S. Albanese Tobacco, Cannabis, Alcohol Policy Review Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed G. Evans *Stipend of $170 per month
**Stipend of $100 per month
8 Office of the City Manager
65 Civic Avenue
Pittsburg, CA 94565
MEMO: October 2, 2023
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
RE: Public Hearing on an Appeal of the Planning Commission’s Decision to Not Recommend City Council Adoption of an Initial Study and Mitigated Negative Declaration for a General Plan Map and Zoning Map Amendment, as Proposed, and Approval of the LMK Petro Use Permit and Design Review Applications for an Automobile Service Station with an Automated Car Wash, and Convenience Store with Alcoholic Beverage Sales for LMK Petro; Adoption of a City Council Resolution to Adopt an Initial Study and Mitigated Negative Declaration prepared pursuant to the California Environmental Quality Act, adopt a Mitigation Monitoring and Reporting Program, and amend the General Plan; and Introduction and Waive First reading of a City Council Ordinance Amending the Zoning Map for the LMK Petro Project, AP-16-1189 (GP, RZ, UP, DR)

EXECUTIVE SUMMARY
On December 13, 2022, the Planning Commission adopted Resolution No.10214, not recommending City Council adoption of an Initial Study and Mitigated Negative Declaration for a General Plan Map and Zoning Map Amendment, as proposed, and approval of the LMK Petro Use Permit and Design Review applications for an Automobile Service Station with an Automated Car Wash, and Convenience Store with alcoholic beverage sales for “LMK Petro, AP-16-1189 (GP, RZ, UP, DR).”
On December 22, 2022, LMK Petro Inc., pursuant to PMC 18.18.060, filed an appeal of the Commission’s determination.

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. All on-site project improvements and upgrades to the existing facilities will be borne by the project applicant. 9 RECOMMENDATION
Staff recommends the City Council open the de novo appeal hearing, take comment from the appellant (project applicant) and the public, close the appeal hearing, and then take the following actions for the LMK Petro Project, in the order shown below:

1. City Council move to adopt the attached resolutions:
a. Adopt an Initial Study and Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and
b. Grant the appeal and approve General Plan Map and Zoning Map Amendment, as proposed, and approve the LMK Petro Use Permit and Design Review Applications for an Automobile Service Station with an Automated Car Wash, and Convenience Store with Alcoholic Beverage Sales.

2. City Council introduce, waive further reading and pass to second reading the attached ordinance:
a. Amend the zoning designation for the site from RS-6 to CC.

BACKGROUND
The project site was originally developed in 1970 as the Burgess Nursery and Garden Center, which included rezoning of the 5-acre parcel to Neighborhood Commercial. As part of the City’s 1990 Comprehensive Zoning Update the site was rezoned to its current zoning of RS-6.

On September 15, 2016, Shashi Sharma, on behalf of LMK Petro, filed Planning Application No. 16-1189, requesting approval of: 1) a General Plan amendment; 2) a zoning map amendment; 3) Use Permit to establish a convenience market and drive-through car wash; and 4) Design Review to construct the new development. The project has undergone several reviews by staff and was also presented to the Planning Commission at various study sessions.

On December 13, 2022, the Planning Commission held a duly noticed public meeting on the proposed project, considered testimony, and voted 4-1-1 to adopt Resolution No. 10214 and not recommend to the City Council the adoption of an Initial Study and Mitigated Negative Declaration for a General Plan Map and Zoning Map Amendment, as proposed, and approval of the LMK Petro Use Permit and Design Review applications for an Automobile Service Station with an Automated Car Wash, and Convenience Store with alcoholic beverage sales for “LMK Petro, AP-16-1189 (GP, RZ, UP, DR).”

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
10 STAFF ANALYSIS
Proposed Project
The proposed project includes the removal of two existing buildings, site grading, and construction of three new structures, consisting of a mini-mart, an automotive fueling station with canopy, and a car wash.

To facilitate the proposed improvements the project applicant has applied for a General Plan amendment, Zoning Map amendment, Use Permit and Design Review to construct a new gas station with ancillary uses including a Convenience Store, and a Car Wash on a five-acre parcel located at 1625 Buchanan Road (Assessor’s Parcel No. 088-030-021).

The gas station is proposed to have a 4,253 sq. ft. fuel canopy over a four-island gas pumps serving eight cars, a 3,850 sq. ft. convenience store with a deli and ABC license to sell alcohol, and a 2,800 sq. ft. car wash facility. An Initial Study / Mitigated Negative Declaration (IS/MND) to address California Environmental Quality Act (CEQA) requirements has been prepared for the proposed project and has been circulated for public review and comments.

GENERAL PLAN/CODE COMPLIANCE:

General Plan Amendment: The project site is located in the Buchanan Planning Subarea of the General Plan and is designated Low Density Residential; however, a general plan amendment has been requested to reclassify the site as Community Commercial.

Rezoning Request: The site is currently located within the RS-6 Zoning District; however, the applicant has also requested a rezoning to the CN (Neighborhood Commercial) District.

With the new General Plan classification and zoning proposed, the proposed development project would require a Use Permit and Design Review approval prior to establishment of the use on site.

Pursuant to Pittsburg Municipal Code section 18.48.030, the Planning Commission shall include written findings to support or not support any recommendation it makes to the City Council to amend the Zoning Map.

On December 13, 2022, the Planning Commission voted to not support the proposed General Plan Map and Zoning Map amendments. Specifically, the Planning Commission was unable to make the following Zoning Map Amendments finding below:
 The change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan and a community need is demonstrated for the project.

The Planning Commission determined this finding could not be made because the project area is predominantly developed with residential uses and the proposed project would be incompatible with the surrounding land uses. Rezoning the site from residential to commercial would not be consistent with the character of the existing community. 11 Required Findings – General Plan Map Amendment: Under Government Code section 65358, the legislative body (City Council) of a local government agency may amend its general plan, in whole or in part, if it finds that the amendment would be in the public interest. No more than four general plan amendments to each required element may be adopted within one calendar year. For the calendar year 2022, the City Council has adopted one amendment to the General Plan Land Use Element.

California Government Code and Pittsburg Municipal Code (PMC) identify the Planning Commission as the advisory body to the City Council on amendments to the general plan.

Government Code section 65353(a) requires that the Commission conduct at least one public hearing prior to making its recommendation on a proposed general plan amendment.

Required Findings – Zoning Map Amendment: PMC section 18.16.020 identifies the Planning Commission as the advisory body to the City Council on proposed changes to the zoning map, and PMC 18.48.030 requires that the Commission determine, prior to making its recommendation, whether or not:

A. the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan; B. a community need is demonstrated for the change proposed; and C. its adoption would be in conformity with public convenience, general welfare, and good zoning practice.

Required Findings - Use Permit: In accordance with PMC section 18.16.040, a use permit may be granted only if the Planning Commission can make findings that the proposed use:

A. is in accord with the objective of the Zoning Ordinance, the purposes of the land use district in which it is located and is appropriate to the specific location; B. is not detrimental to the health, safety, and general welfare of the City; C. will not adversely affect the orderly development of property within the City; D. will not adversely affect the preservation of property values and the protection of the tax base and other substantial revenue sources within the City; E. is consistent with the objectives, policies, general land uses and programs specified in the general plan and applicable specific plan;
F. will not create a nuisance or enforcement problem within the neighborhood; G. will not encourage marginal development within the neighborhood; H. will not create a demand for public services within the City beyond that of the ability of the City to meet in light of taxation and spending restraints imposed by law; and I. is consistent with the City’s approved funding priorities. 12 Required Findings – Design Review: In order to recommend design review approval to the City Council (pursuant to the direction of PMC 18.36.230), the Commission must determine, in accordance with PMC section 18.36.220.B, that:

A. the structure conforms with good taste, good design and in general contributes to the character and image of the City as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality;
B. the structure would be protected against exterior and interior noise, vibrations and other factors that may tend to make the environment less desirable; C. the exterior design and appearance of the structure is not of inferior quality as to cause the nature of the neighborhood to materially depreciate in appearance and value;
D. the structure is in harmony with proposed developments on land in the general area; and
E. the application conforms with the criteria set forth in any applicable City adopted Design Guidelines.

Neighborhood Opposition
Prior to the December 13, 2022, Planning Commission hearing staff received one letter and an email of opposition from an adjacent neighbor in opposition to the project. At the December 13, 2022, Planning Commission hearing, the neighbor shared their concerns with the Commission citing potential nuisances associated with the proposed use.

ANALYSIS:

In order for the Council to uphold the appeal by the applicant and approve the proposed General Plan Amendment, Rezoning, Use Permit and Design Review applications key findings listed above must be made in the affirmative.

For reference, the adopted summary minutes of the Planning Commission meeting are included as an attachment to this staff report. In view of the 4-1-1 decision not to recommend approval of the project, staff believes that all the findings for consistency with the General Plan and compatibility with surrounding land uses can be made in the affirmative as presented in the December 13, 2022, staff report and proposed Resolution.

As described in the Analysis section of the attached staff report and staff’s findings in the proposed Resolution, the proposed project would comply with all applicable General Plan policies, Municipal Code standards, other applicable local and State regulations, in addition to the mitigation measures and conditions of approval included herein. Additionally, the approval of the project would improve the project area by developing the lot with a welldesigned building and updated parking lot and landscaping. Also, the new landscaping along the Buchanan Road frontage area would enhance the appearance of the site and would improve the visual aesthetics for the project area if approved. 13 Traffic
The project site has direct frontage onto a major arterial roadway and according to the Traffic Impact Analysis (TIA) prepared for the proposed project the majority of the intersections within the project vicinity are signalized and equipped with countdown pedestrian signal heads. In addition, sidewalks are provided along the roadways in the project area where land uses have been developed adjacent to the roadway. As such, sidewalks and crosswalks are found along virtually all local roadways in the project area.

The proposed project would include additional sidewalks on the east side of Buchanan Road along the project frontage.

Therefore, adequate pedestrian facilities exist within the project area to accommodate any pedestrian traffic generated from implementation of the proposed project, also the approval of the project would improve the project area by developing the lot with a well-designed building and updated parking lot and landscaping.

Moreover, the proposed project would not conflict with a program, plan, ordinance, or policy addressing pedestrian facilities or site design standards within the City. As such, with the attached conditions approval and design review guidelines for the project it would support the Zoning Map amendment finding that the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan and a community need is demonstrated for the project.

Noise
Based on the operation of the proposed project it was determined that it would not result in the generation of a substantial permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the City’s General Plan and Municipal Code. However, given the noise levels generated by standard construction equipment, the proposed project could result in a substantial temporary increase in ambient noise levels in the vicinity of the project in excess of standards established in the City’s General Plan and Municipal Code during project construction. Thus, a potentially significant impact could occur.

Implementation of the following mitigation measures would reduce the above potential impact to a less-than-significant level. To the maximum extent practical, as determined by the City of Pittsburg Planning Division, the following measures shall be implemented during project construction:
 All noise-producing project equipment and vehicles using internal-combustion engines shall be equipped with manufacturers-recommended mufflers and be maintained in good working condition;
 All mobile or fixed noise-producing equipment used on the project site that are regulated for noise output by a federal, State, or local agency shall comply with such regulations while in the course of project construction;  Electrically powered equipment shall be used instead of pneumatic or internalcombustion-powered equipment, where feasible;  Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise-sensitive receptors;  Project area and site access road speed limits shall be established and enforced during the construction period; and
14  Nearby residences shall be notified of construction schedules so that arrangements can be made, if desired, to limit their exposure to short-term increases in ambient noise levels.

The above requirements shall be included via notation on project grading plans, subject to review and approval by the City of Pittsburg Community Development Department ABC Licensing
The project applicant has applied for licensing through the Department of Alcoholic Beverage Control (ABC) for a Type 21 as discussed below:

Type 21: A Type 21 License is issued to retail stores. This license authorizes the sale of beer, wine, and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises.

Business Operations
The applicant has indicated to staff that he is willing to add the following additional conditions of approval to ensure that the day-to day operations are harmonious with the adjacent land uses and not become a nuisance, by reducing the hours of operation for the car wash to 7:00 a.m. to 7:00 p.m. and reducing the hours of alcoholic beverage sales from 6:00 a.m. to 2:00 a.m., to begin at 9:00 a.m. and end at 11:00 p.m. The applicant will also be providing additional safety measures to the site, maintaining a surveillance camera system that will operate 24 hours a day and will provide Pittsburg Police Department access to video surveillance immediately upon request as related to criminal activity, monitoring a live feed of the camera system, post signage prohibiting loitering and the consumption of alcoholic beverages on site, installing height tape next to the exit, and will provide additional public safety measures if determined necessary by the Chief of Police. Therefore, with these conditions of approval the proposed project would ensure that it is compatible with the surrounding land uses. The applicant will also implement a “no tolerance” policy toward loitering on the premises.

Based on the analysis above and included in the attachments to this staff report, staff believes that the City Council can make all of the findings necessary to approve the project as it was presented to the Planning Commission.

Environmental: The proposed project is subject to the California Environmental Quality Act (CEQA), and the State CEQA Guidelines (Public Resources Code section 21080). Pursuant to the provisions of the State CEQA Guidelines, an Initial Study was prepared for the Project. Based on the analysis in the study, the Planning Manager determined that potentially significant effects of the project could be lessened through specified mitigations, and subsequently, a draft Mitigated Negative Declaration (MND) was prepared.

On October 24, 2022, a Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) was distributed to the public for a 30-day review, in accordance with CEQA Guidelines section 15105(b). Public distribution of the NOI consisted of delivery to the County Clerk’s Office, posting on the City’s website, and (also on November 10, 2022) direct mailing to all interested parties and owners/occupants of the properties directly contiguous with the Project, in accordance with CEQA Guidelines section 15072. 15 Public Notice: On or prior to September 22, 2023, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020, a “Notice of Public Hearing,” for the October 2, 2023, public hearing on this item was posted at City Hall; and was mailed via first class or electronic mail to the applicant, to the property owner, to owners of property located within 300 feet of the proposed project site, to local service agencies whose services might be affected by this project, and to individuals who had previously filed written request for such notice. On September 22, 2023, the notice was published in the East County Times; The notice was also posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in the “Diamond Hillside”, “Los Medanos”, “Mosic Apartments” and the “Ventura” neighborhoods.

ATTACHMENTS:

1. Proposed Resolution Approving LMK Petro Project
a. Exhibit A – Initial Study/Mitigated Negative Declaration b. Exhibit B – Mitigation Monitoring and Reporting Program c. Exhibit C – General Plan Map Amendment

2. Ordinance
a. Exhibit D- Zoning Map Amendment

3. Project Plans

4. Existing Conditions Photos

5. Map of Surrounding Land Uses

6. General Plan Consistency Table

7. DRDG Consistency Table

8. Development Standard Consistency Table

9. Notice of Public Hearing/Vicinity Map

10.Planning Commission Staff Report dated December 13, 2022

11.Planning Commission Resolution No. 10214

12.Planning Commission Minutes December 13, 2022
Report Prepared By: Maurice Brehyah-Addow, Senior Planner 16 City of Pittsburg
Planning Division

LMK Petro Convenience Store, Gas Station,
and Car Wash Project
Initial Study
October 2022
1501 Sports Drive, Suite A,  Sacramento  CA  95834
Office 916.372.6100  Fax 916.419.610
17 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study
Page i
October 2022

TABLE OF CONTENTS
A. PROJECT SUMMARY ................................................................................................. 1 B. SOURCES.................................................................................................................... 2 C. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED....................................... 4 D. DETERMINATION........................................................................................................ 5 E. BACKGROUND AND INTRODUCTION....................................................................... 6 F. PROJECT DESCRIPTION ........................................................................................... 6 G. ENVIRONMENTAL CHECKLIST ...............................................................................12 I. AESTHETICS. ...................................................................................................13 II. AGRICULTURE AND FOREST RESOURCES. .................................................15 III. AIR QUALITY. ...................................................................................................16 IV. BIOLOGICAL RESOURCES..............................................................................27 V. CULTURAL RESOURCES. ...............................................................................35 VI. ENERGY. ..........................................................................................................37 VII. GEOLOGY AND SOILS.....................................................................................40 VIII. GREENHOUSE GAS EMISSIONS. ...................................................................45 IX. HAZARDS AND HAZARDOUS MATERIALS. ....................................................54 X. HYDROLOGY AND WATER QUALITY..............................................................60 XI. LAND USE AND PLANNING. ............................................................................66 XII. MINERAL RESOURCES. ..................................................................................68 XIII. NOISE. ..............................................................................................................69 XIV. POPULATION AND HOUSING..........................................................................75 XV. PUBLIC SERVICES...........................................................................................76 XVI. RECREATION. ..................................................................................................77 XVII. TRANSPORTATION..........................................................................................78 XVIII. TRIBAL CULTURAL RESOURCES. ..................................................................82 XIX. UTILITIES AND SERVICE SYSTEMS. ..............................................................83 XX. WILDFIRE..........................................................................................................86 XXI. MANDATORY FINDINGS OF SIGNIFICANCE. .................................................87 APPENDICES:

Appendix A: CalEEMod, AERMOD, and HARP 2 RAST Modeling Results Appendix B: Arborist Report
Appendix C: Geotechnical Engineering Investigation
Appendix D: Phase I Environmental Site Assessment
Appendix E: Preliminary Stormwater Control Plan
Appendix F: Spectral Sound Measurements Summary Report
Appendix G: Traffic Impact Analysis Report
Appendix H: Mitigation, Monitoring, and Reporting Program 18 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

October 2022

INITIAL STUDY
October 2022
A. PROJECT SUMMARY

1. Project Title: LMK Petro Convenience Store, Gas Station, and Car Wash Project

2. Lead Agency Name and Address: City of Pittsburg
Planning Division
65 Civic Avenue
Pittsburg, CA 94565

3. Contact Person and Phone Number: Maurice Brenyah-Addow Senior Planner
(925) 252-4261

4. Project Location: 1625 Buchanan Road
Pittsburg, California, 94565
APN: 088-030-021

5. Project Sponsor’s Name and Address: Shashi Sharma
1346 Blaney Avenue
San Jose, California, 95129

6. Existing General Plan Designation: Low Density Residential (LDR)

7. Existing Zoning Designation: Residential Single-Family 6,000 square foot minimum lot size (RS-6)

8. Proposed General Plan Designation: Community Commercial (CC)

9. Proposed Zoning Designation: Neighborhood Commercial District (CN)

10. Required Approvals from Other Public Agencies: None

11. Surrounding Land Uses and Setting:

The project site consists of a five-acre parcel located at 1625 Buchanan Road, approximately 300 feet east of Ventura Drive, south of the Contra Costa Canal, and west of Meadows Avenue, in the City of Pittsburg, California. The project site is currently developed with two deteriorated structures from the former Ralph Burgess Nursery, constructed in 1970, are located on the south-central portion of the site and a cellular tower located within the southern portion of the site. Surrounding existing land uses include Highlands Ranch Park to the south, a drainage canal and single-family residences to the east, the Contra Costa Canal parcel to the north, and single-family residences further north, as well as to the west. The City of Pittsburg General Plan designates the site as Low Density Residential (LDR) and the site is zoned Residential Single-Family 6,000 Square Foot (sq. ft.) Minimum Lot Size (RS-6).
19 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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12. Project Description Summary:

The LMK Petro Convenience Store, Gas Station, and Car Wash Project (proposed project) would include the development of a 3,850 sq. ft. convenience store with a deli, a 2,800 sq. ft. car wash building, and a 4,253 sq. ft. fuel canopy for a four-island gas station serving eight cars on the southeast portion of the project site. In addition, the project would include 22 off-street parking spaces, and landscaping throughout the site. The proposed project would include a General Plan Amendment (GPA) to change the site’s land use designation from Low Density Residential (LDR) to Community Commercial (CC); a Rezone from Residential Single-Family 6,000 Square Foot (sq. ft.) Minimum Lot Size (RS-6) to Neighborhood Commercial (CN); a Use Permit to allow for the operation of a gas station with a convenience store, and car wash as accessory uses on the project site; and Design Review.

13. Status of Native American Consultation Pursuant to Public Resources Code Section 21080.3.1.

In compliance with Assembly Bill (AB) 52 (Public Resources Code [PRC] Section 21080.3.1), project notification letters were distributed to the Amah Mutsun Tribal Band of Mission San Juan Bautista, Confederated Villages of Lisjan, Guidiville Indian Rancheria, Indian Canyon Mutsun Band of Costanoan, Muwekma Ohlo North Valley Yokuts Tribene Indian Tribe of the San Francisco Bay Area, Ohlone Indian Tribe, and Wilton Rancheria on May 12, 2021. On May 26, 2021, the Confederated Villages of Lisjan requested the Northwest Information Center (NWIC) cultural resource records search results and Native American Heritage Commission (NAHC) Sacred Lands File results, which were provided to the Tribe. Additional requests to consult were not received within the required response period.

B. SOURCES
The following documents are referenced information sources used for the purposes of this Initial Study:

1. Aerodry Systems, LLC. Aerodry – Spectral Sound Measurements (DLAA #16-131) Summary Report. August 11, 2016.

2. Bay Area Air Quality Management District. California Environmental Quality Act Air Quality Guidelines. May 2017.

3. Bay Area Air Quality Management District. California Environmental Quality Act Guidelines Update: Proposed Thresholds of Significance. December 7, 2009.

4. Bay Area Air Quality Management District. Recommended Methods for Screening and Modeling Local Risks and Hazards. May 2012.

5. California Air Resources Board. The 2017 Climate Change Scoping Plan Update.

Available at:
https://ww2.arb.ca.gov/sites/default/files/classic//cc/scopingplan/2030sp_pp_final.pdf.

Accessed March 2022.

6. California Air Resources Board. User Manual for the Hotspots Analysis and Reporting Program Health Risk Assessment Standalone Tool, Version 2. March 17, 2015.

7. California Building Standards Commission. California Green Building Standards Code.

Available at: https://www.dgs.ca.gov/BSC/CALGreen. Accessed March 2022.

8. California Department of Conservation. Contra Costa County Important Farmland 2016.

Available at: https://www.conservation.ca.gov/dlrp/fmmp/Pages/ContraCosta.aspx.

Accessed March 2022.
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9. California Department of Forestry and Fire Protection. FHSZ Viewer. Available at:
https://egis.fire.ca.gov/FHSZ/. Accessed March 2022.

10. California Department of Toxic Substances Control. Hazardous Waste and Substances Site List. Available at: https://www.envirostor.dtsc.ca.gov/public/ Accessed March 2022.

11. California Department of Transportation. California Scenic Highway Mapping System.

Available at: http://www.dot.ca.gov/hq/LandArch/16_livability/scenic_highways/index.htm.

Accessed March 2022.

12. California Department of Water Resources. SGMA Data Viewer. Available at:
https://sgma.water.ca.gov/webgis/?appid=SGMADataViewer#boundaries. Accessed March 2022.

13. California Energy Commission. California Energy Commission 2019 Building Energy Efficiency Standards What’s New for Nonresidential. Available at:
https://www.energy.ca.gov/media/3455. Accessed March 2022.

14. CalRecycle. SWIS Facility/Site Activity Details. Keller Canyon Landfill (07-AA-0032).

Available at: https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/ 4407?siteID=228. Accessed July 2022.

15. City of Pittsburg. City of Pittsburg 2020 Urban Water Management Plan Final Draft. July 2021.

16. City of Pittsburg. Pittsburg 2020: A Vision for the 21st Century City of Pittsburg General Plan. January 2001.

17. City of Pittsburg. Pittsburg Municipal Code. January 22, 2019.

18. Contra Costa County Fire Protection District. Station Address. Available at:
https://www.cccfpd.org/station-address. Accessed March 2022.

19. Contra Costa Water District. 2020 Urban Water Management Plan. June 2021.

20. Delta Diablo Sanitation District. Sewer System Management Plan. October 10, 2018.

21. Delta Diablo Sanitation District. Transforming Wastewater to Resources. Available at:
https://www.deltadiablo.org/about-us. Accessed March 2022.

22. dk Consulting. Preliminary Stormwater Control Plan for C-Store/Gas Station Car Wash Pittsburg, California. December 20, 2018.

23. East Contra Costa County Conservancy. Figure 9-1: Development Fee Zones. Accessible at: https://www.cocohcp.org/DocumentCenter/View/782/Figure-9-1-Development-FeeZones-PDF. Accessed March 2022.

24. East Contra Costa County Conservancy. Final East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan, Chapter 3 Physical and Biological Resources [p. 3-25]. Updated December 19, 2006.

25. East Contra Costa County Habitat Conservation Plan Association. Final East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan. October 2006.

26. Federal Emergency Management Agency. Flood Insurance Rate Map 06013C0326F.

Effective June 16, 2009.

27. Flores, Areana, Bay Area Air Quality Management District. Personal communication [phone], Jacob Byrne, Senior Associate/Air Quality Technician, Raney Planning & Management. September 17, 2019.

28. Governor’s Office of Planning and Research. Technical Advisory on Evaluating Transportation Impacts in CEQA. December 2018.

29. H.T. Harvey & Associates. East Contra Costa County Habitat Conservation Plan – Assessment of Plan Effects on CEQA Species. February 17, 2015.

30. Krazan & Associates, Inc. Geotechnical Engineering Investigation Proposed Convenience Store, Gas Station, and Car Wash 1625 S. Buchanan Pittsburg, California. June 5, 2017.

31. Krazan & Associates, Inc. Phase I Environmental Site Assessment. March 3, 2022.

32. Native American Heritage Commission. 1625 Buchanan Rd, Pittsburg, CA 94565 Project, Contra Costa County. June 28, 2022.
21 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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33. Office of Environmental Health Hazard Assessment. Air Toxics Hot Spots Program Risk Assessment Guidelines, Guidance Manual for Preparation of Health Risk Assessments [pg. 8-18]. February 2015.

34. San Joaquin Valley Air Pollution Control District. Guidance for Air Dispersion Modeling.

August 2006.

35. South Coast Air Quality Management District. 2008. Draft Guidance Document – Interim CEQA Greenhouse Gas (GHG) Significance Threshold. Available at:
http://www.aqmd.gov/docs/default-source/ceqa/handbook/greenhouse-gases-(ghg)- ceqa-significance-thresholds/ghgattachmente.pdf. Accessed October 2020.

36. TJKM. Final Traffic Impact Analysis Report: LMK Petro at 1625 Buchanan Road. August 18, 2017.

37. Trees, Bugs, Dirt Landscaping Consulting and Training. Arborist Report 625 Buchanan Road, Pittsburg CA – LMK Gas Station. October 4, 2022

38. U.S. Environmental Protection Agency. User’s Guide for the AMS/EPA Regulatory Model – AERMOD. September 2004.

C. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” or as indicated by the checklist on the following pages.
 Aesthetics  Agriculture and Forest
Resources
 Air Quality
 Biological Resources  Cultural Resources  Energy
 Geology and Soils  Greenhouse Gas
Emissions
 Hazards and Hazardous
Materials
 Hydrology and Water
Quality
 Land Use and Planning  Mineral Resources
 Noise  Population and Housing  Public Services
 Recreation  Transportation  Tribal Cultural Resources  Utilities and Service
Systems
 Wildfire  Mandatory Findings of
Significance
22 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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D. DETERMINATION
On the basis of this initial study:
 I find that the Proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
 I find that although the Proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared.
 I find that the Proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
 I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
 I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Signature Date
Maurice Brenyah-Addow, Senior Planner City of Pittsburg Printed Name For
10/24/2022
23 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

October 2022
E. BACKGROUND AND INTRODUCTION
This Initial Study/Mitigated Negative Declaration (IS/MND) identifies and analyzes the potential environmental impacts of the proposed project. The information and analysis presented in this document are organized in accordance with the order of the California Environmental Quality Act (CEQA) checklist in Appendix G of the CEQA Guidelines. Where the analysis provided in this document identifies potentially significant environmental effects of the project, mitigation measures sufficient to reduce the impacts to less-than-significant levels are prescribed. The mitigation measures prescribed for environmental effects described in this IS/MND would be implemented in conjunction with the proposed project, as required by CEQA. The mitigation measures would be incorporated into the proposed project through project conditions of approval.

The City would adopt findings and a Mitigation Monitoring/Reporting Program for the proposed project in conjunction with project approval.

In January of 2001, the City of Pittsburg adopted a comprehensive update to the City’s General Plan1 and certified an associated Environmental Impact Report (EIR).2 The City’s current General
Plan set forth a policy framework to guide the City’s long-term growth and development through the year 2020. The City is currently in the process of updating the the General Plan so the document can continue to provide critical guidance for development in the City through the year 2040; however, the General Plan Update has not yet been completed. Thus, the current General Plan, adopted in 2001, is still considered the relevant document for the purposes of the analysis included in this IS/MND. Applicable portions of the General Plan and General Plan EIR are incorporated by reference, as necessary, as part of this IS/MND. The General Plan EIR is a program EIR, prepared pursuant to Section 15168 of the CEQA Guidelines (Title 14, California Code of Regulations [CCR], Sections 15000 et seq.). The General Plan EIR analyzed full implementation of the General Plan and identified measures to mitigate the significant adverse impacts associated with the General Plan.

Project-specific technical reports have been prepared for the proposed project and form the basis of several technical sections of this IS/MND. All technical reports used in the preparation of this IS/MND are attached as appendices, and/or available upon request at the City of Pittsburg Planning Division.

F. PROJECT DESCRIPTION
The following section provides a comprehensive description of the proposed project in accordance with CEQA Guidelines.

Project Location and Setting
The project site is located on a five-acre parcel at 1625 Buchanan Road, approximately 300 feet east of Ventura Drive, south of the Contra Costa Canal, and west of Meadows Avenue, in the City of Pittsburg, California (see Figure 1). Two deteriorated structures from the former Ralph Burgess Nursery, constructed in 1970, currently exist on the south-central portion of the site. The structures are each 1,200 sq. ft. and are located under a shared roof. A cellular tower is located within the southern portion of the site, and an approximately 18- to 22-foot-deep excavation exists on the northern portion of the site. The City of Pittsburg General Plan designates the site as LDR, and the site is zoned RS-6. The site has been previously disturbed, and has supported several commercial businesses since 2011.
1 City of Pittsburg. Pittsburg 2020: A Vision for the 21st Century City of Pittsburg General Plan. January 2001. 2 City of Pittsburg. Pittsburg 2020: A Vision for the 21st Century City of Pittsburg General Plan Environmental Impact Report. January 2001.
24 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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Figure 1
Regional Project Location
Project Location
allejo ij;
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Glen Fra:z0'
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Pon Chlcago
Shore Acres
8 rds Land,ng
Molena
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CoU nsvllle
Avon 1 I p. ._ _______ _Ji,,,,®""'"'"••~· JI{
Vm HIii
0 Paclleco
Concord
ijifj
Pleaun1Hllt
Contra
Cosla~tre
Walnut Creel<
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Alamo
Alamo Oaks
Las Trampas
Regional Danv,11e
Wilderness
Clayton
MtDiablo Q
Dlablo
B ckhawk
Black
Diamond
Mines
Regional
StewartvilleAntioch
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Territory
Regional
Preserve
0 Emmaton
B
Bndqeh&ad
Oekley
Sand HIit
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Brentwood
25 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

October 2022
Surrounding land uses include Highlands Ranch Park to the south, single-family homes to the north, south, east, and west, and RV and boat storage to the southwest. The Contra Costa Canal parcel, which contains an underground canal, extends along the northern site boundary, and separates the project site from the single-family homes north of the canal (see Figure 2).

Project Components
The proposed project would include the development of a 3,850 sq. ft. convenience store with a deli, a 2,800 sq. ft. car wash building, and a 4,253 sq. ft. fuel canopy for a four-island gas station serving eight cars on the southeast portion of the project site (see Figure 3). In addition, the project would include 22 off-street parking spaces and landscaping improvements. The proposed project would operate 24 hours a day, seven days a week and is anticipated to serve approximately 60 to 100 customers daily. The proposed project would include a total of 25 to 30 employees.

The proposed project would require approval of a GPA to change the land use designation of the site from LDR to CC; a Rezone from RS-6 to CN; a Use Permit to allow for the operation of a convenience store, car wash, and gas station on the project site; and Design Review.

The following sections provide a discussion of the project components, including access and circulation, utilities, landscaping, and the required approvals.

Access and Circulation
Access to the project site would be provided by two existing driveways located off of Buchanan Road at the southern edge of the site. Both entrances would be 35 feet wide. Internal drive aisles would circulate the site and would meet the minimum width that can accommodate an emergency vehicle. Additionally, crosswalks would be provided throughout the development and pedestrian access would be provided by way of connection to the existing sidewalk on Buchanan Road. The 2,800 sq. ft. car wash would provide a queuing lane along the eastern side of the building for entrance into the car-wash lane, and cars would exit the building to the west.

Utilities
Water supply for the proposed project would be provided by the City of Pittsburg through the Contra Costa Water District (CCWD). The City operates a water treatment plant and associated infrastructure facilities, which primarily serve customers within the City limits. The proposed project would include construction of new on-site water lines, which would connect to the existing water lines located within Buchanan Road.

Sewer service for the proposed project would be provided by Delta Diablo, the City’s wastewater provider. Existing sanitary sewer lines are located within Buchanan Road, and a new sanitary sewer line would be constructed on-site to convey wastewater generated from the proposed project to the existing sewer lines in the project vicinity.

A new storm drain system would be constructed on-site and would convey on-site runoff to bioretention areas located north of the site. The stormwater would be treated at the bioretention areas prior to being discharged into the City’s existing stormwater system. Approximately 80 percent of the project site would remain as existing pervious area, or would be developed into landscaped areas following development of the proposed project, which would further provide opportunities for stormwater capture throughout the site. 26 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

October 2022
Figure 2
Project Vicinity Map
Project Site
Highlands
Ranch Park
RV and Boat
Storage
Single-Family
Residences
Single-Family
Residences
Single-Family
Residences
27 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

October 2022
Figure 3
Site Plan
~AAJ\A~l.l~FO!'( i ~
SOUTH 6UC..HA~A~ RD.

LOCALIZATION
SITE FLAN SG;lllE, 1· ■ I00'-0"
CONTRA COSTA WATER DISTRICT NOTES I, SITE IMF'FWVEMENTS t-1.IST ADD~ ANY LOOSE MATERIAL. OR FILL LOCATED ON TIE PROJECT PROP!:RlY TO PREVENT FVRll-lER ENCROACHt-ENT ONTO THE USBR ROVi OR Rls+::. OF SETTLEMENT, SLIDES OR OTriER. IMPAGTS TO THE \J56R ROrt. 2 . AU. RUNOFF FROM niE PROPERlY AtiAY FROM ll-lE \J56R RO)'II. :3. IF c..cm5TRIJC.TION AC,TIVITIES REGUIRE ENC..ROAGHI-ENT I.PON THE U56R RO~ THE F'ROPl:RTY O~R MJ5T APPLY FOR AND OBTAIN AN ENGROAC,l-fMEl,IT PERMIT IN ADVANC,E D l5TRICT AND USEIR APPROVAL AND CLEARANCES ViO\.ILD 6E REQUIRED.

4. THE APPLICANT V'IILL BE REQUIRED TO OBTAIN AN INSTALLATION PERMIT FOR TIE. L..NDER6ROUNO ST~ TANK PRIOR TO START OF INSTALLATION. AL.SO, Y'IITI--IIN 90 DAYS OF START OF OPERATION, THE APPLIC.ANT MJST SU6HJT HAZARDOJ5 MATERIALS 61J;,INE55 PLAN (TO INc.Lt.lDE niE GHEMJC.AL INVENTORY FOR FUEL, C.AR Yv'51-!IN!::, LIGU!D5, AND C.OMPRESSEDA.IGII.JIF(ED 6A5E5 OYER RfPORTIN6 THRE5!-IOLD5) AND I.INDER6ROJND STORAGE TANK INFORMATION ON iHf CALIFORNIA ENVIRONMENTAL RfPORTIN6 SYSTEM (CER5) TO OBTAIN AN OPEAATIO~ ~ IT FROM GONTAA COSTA HAZAADOI.IS MATERIALS PR06AAl-15. Al...50, IF HAZAA.DOt.15 Y'!A5TE 15 ANTICIPATED, TI£ 5 11'1: M.IST AL50 OBTA IN AN EPA ID• FROM THE DEPARTMENT OF TOXIC. 5UBSTANCE5 CONTROL AND INCLUDE 11,ESE C.ONTAINER5 ON THE C.1-t:MIC.AL INVENTORY IF OVER REPORTING THRE5HO!..D GUANTITIE5,
NOT!e,
5TORM l"iATER PROTEc.TION MEA5VRE5 &HALL BE IMPLEMENTED AT THE INITIAL f'HA5E OF CON5TRU:::..TION Ac.TIVllY. PRO..IEC,T5 51-!ALL PREVENT EROSION AND RETAIN SOIL Rl..NOFF ON TI-IE f>ITE Tl-fROl..ltS,H n+E LISE OF A BARRIER SYSTEM, l'iA.TTU: OR 011-+ER APPROVED MEiHOD.

PAVING NOT!:,
ALL EXISTI~ Ne. PAVING 15 TO BE REMOVED AND REPL.AG-ED. THE EXl5 TINi5 PAYING AREA 15 21,fA2 5G.FT.

THE PROPOSED PAVIN6 AREA I& :!1,6Cl2 SGFT.
10~·- 11·
II
; ·-o·
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i
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----,

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AREA 2 SCALE, I" • 20'-0-

PARTIAL

SITE FLAN
AREA I SGAL.E, I" • 20'-C"
I
28 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

October 2022
Solid waste pickup and disposal for the City is provided by the Mt. Diablo Resource Recovery.

Solid waste would be disposed of at Potrero Hills Landfill, located east of Suisun City, and all nonrecyclable industrial waste would be transported to Keller Canyon Landfill, located southeast of the City limits.

Landscaping
Approximately 17 on-site trees would be removed during development of the proposed project (for further detail on tree removal see Section IV, Biological Resources, of this IS/MND. The proposed project would incorporate approximately 18,398 sq. ft. of on-site landscaped areas, equal to 8.4 percent of the project site, which would include various shrubs and trees. Landscaped areas would be developed primarily along the perimeter of the site, with the majority of the landscaped areas located along the southern project site boundary in order to shield the proposed project from the existing roadway. All landscaping would be implemented per the current City of Pittsburg landscape design requirements, as well as the Model Water Efficient Landscape Ordinance (MWELO).

General Plan Amendment
The current General Plan designation of the subject site is Low Density Residential (LDR) which does not allow any of the proposed non-residential uses, therefore the proposed project would include a General Plan Amendment (GPA) to change the site’s land use designation from Low Density Residential (LDR) to Community Commercial (CC) which allows commercial uses.

Rezone
The project will also rezone the site from Residential Single-Family 6,000 Square Foot (sq. ft.) Minimum Lot Size (RS-6) to Neighborhood Commercial (CN) which would permit the proposed uses upon approval of a use permit.

Use Permit
Section 18.52.010 of the Pittsburg Municipal Code sets forth the allowed uses within the commercial zones of the City. Pursuant to Section 18.52.010, service stations (i.e., gas stations) are allowed within the CN zone with approval of a Use Permit. Therefore, the proposed project would be required to obtain approval of a Use Permit from the City of Pittsburg Planning Commission.

Section 18.08.080.30(g) of the Pittsburg Municipal Code defines a service station as, “Establishment primarily engaged in the retail sale of gasoline and motor fuel. This classification provides for the incidental sale of grocery items or related retail goods, and auto parts and accessories. Services offered may include minor vehicle repair and installation of parts, towing services limited to automobiles, nonmechanical washing and waxing or mechanical washing other than classified under automobile washing. Other repair activities are classified under automobile and recreational vehicle repair, major.” Therefore, the Use Permit would allow for the development of the convenience store and car wash building, as ancillary uses to the proposed gas station.

Design Review
Pursuant to Section 18.36.200 of the Pittsburg Municipal Code, the design of a building proposed as part of a land use permit or a building permit, as the case may be, in each land use district other than single-family residential, is required to be reviewed by the Planning Commission. Given that the proposed project would include a rezone to change the site’s current zoning designation from RS-6 to CN, and a use permit under the CN zoning regulations, the proposed project would 29 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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require Design Review approval by the City of Pittsburg Planning Commission. The proposed project would be required to provide all required information as set forth in Section 18.36.210 of the Pittsburg Municipal Code, including a site plan, architectural drawings, and any additional information requested by the Planning Commission, including, but not limited to recent photographs of the site.

Discretionary Actions
The proposed project would require the following discretionary actions by the City of Pittsburg:
• Adoption of the IS/MND;
• Adoption of a Mitigation Monitoring/Reporting Program; • GPA from LDR to CC;
• Rezone from RS-6 to CN;
• Use Permit to establish a gas station, automobile washing facility, and convenience store; and
• Design Review for construction of the proposed convenience store, car wash, and gas station.

G. ENVIRONMENTAL CHECKLIST
The following Checklist contains the environmental checklist form presented in Appendix G of the CEQA Guidelines. The checklist form is used to describe the impacts of the proposed project. A discussion follows each environmental issue identified in the checklist. For this checklist, the following designations are used:

Potentially Significant Impact: An impact that could be significant, and for which no mitigation has been identified. If any potentially significant impacts are identified, an EIR must be prepared.

Less Than Significant with Mitigation Incorporated: An impact that requires mitigation to reduce the impact to a less-than-significant level.

Less-Than-Significant Impact: Any impact that would not be considered significant under CEQA relative to existing standards.

No Impact: The project would not have any impact.
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I. AESTHETICS.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Have a substantial adverse effect on a scenic vista?     b. Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a State scenic highway?
   
c. In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible
vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and
other regulations governing scenic quality?
   
d. Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?
   
Discussion
a,b. Examples of typical scenic vistas include mountain ranges, ridgelines, or bodies of water as viewed from a highway, public space, or other area designated for the express purpose of viewing and sightseeing. In general, a project’s impact to a scenic vista would occur if development of the project would substantially change or remove a scenic vista. The City’s General Plan states the most identifying features lending the City a sense of character are the rolling, grassy hills to the south of the City and Suisun Bay/Sacramento River Delta to the north. However, the project site is not located within either of the landscapes identified in the General Plan, nor is the site identified as a viewing point for either of the landscapes.

Therefore, the proposed project would not impair existing views of the rolling, grassy hills or the Delta, and, thus, would not affect a scenic vista.

According to the California Scenic Highway Mapping System, the project site is not located within the vicinity of an officially designated State Scenic Highway.3 The project site is located approximately six miles from SR 4, which is listed as Eligible for State Scenic Highway listing; however, SR 4 is not formally designated as a scenic highway.

Furthermore, the project site is located in an area where existing development occurs and would not be visible from SR 4. Thus, the proposed project would not alter the scenic nature of SR 4, nor would the project be visible from any officially designated State Scenic Highways.

Based on the above, development of the proposed commercial project would not have a substantial adverse effect on a scenic vista and would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway. Thus, no impact would occur. c. The project site is currently developed with two deteriorated structures from the former Ralph Burgess Nursery, constructed in 1970, in the south-central portion of the site, as well as a cellular tower in southern portion of the site, and an approximately 18- to 22-footdeep excavation in the northern portion of the site. Surrounding land uses include Highlands Ranch Park to the south, single-family homes to the north, south, east, and west, and RV and boat storage to the southwest. Generally, the site is located within an 3 California Department of Transportation. California Scenic Highway Mapping System. Available at:
http://www.dot.ca.gov/hq/LandArch/16_livability/scenic_highways/index.htm. Accessed March 2022. 31 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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urbanized area; therefore, the relevant threshold would be whether the proposed project would conflict with applicable zoning and other regulations governing scenic quality.

The project would require a GPA and Rezone. The height, bulk, pattern, scale and character of the proposed project would not conflict with the visual character of the existing surrounding development. For example, the proposed project would include the planting of new trees along the project frontage, which would ensure that the proposed project is partially screened from the surrounding existing development. In addition, the maximum height of the proposed buildings would be approximately 32 feet, in compliance with Section 18.52.115 of the Pittsburg Municipal Code, which limits building height to 35 feet within the CN zoning district. Furthermore, development of the project would remove the existing deteriorating structures on-site, which present an unattractive aspect to the view of the project site from the surrounding residential uses.

The proposed project would also be required to adhere to the City’s Design Review guidelines. The design of the buildings would include visually pleasing architectural features and landscaping designs which are consistent with the scenic nature of the project area. The buildings would be designed to include natural colors and glazing that would comply with Title 24 of the California Building Standards Code (CBSC). Given that the project would be consistent with the urbanized nature of the area and comply with the City’s Design Review guidelines, the project would not conflict with applicable zoning and other regulations governing scenic quality and a less-than-significant impact would occur.
d. The project site is currently developed with structures from the former Ralph Burgess Nursery, and are being used for the business “Ricky’s Cutting Edge”, a lawn equipment repair shop; therefore, existing sources of light and glare exist within the project site. In addition, the project site is surrounded by existing development, including Highlands Ranch Park to the south, single-family homes to the north, south, east, and west, and RV and boat storage to the southwest.

Development of the project site with commercial buildings and parking areas would introduce sources of light and glare associated with interior light spilling through windows, exterior lighting on the proposed structures, outdoor lighting in the parking areas, light reflected off windows, and headlights of automobiles. Lighting associated with the parking areas would be required to adhere to Section 18.78.050 of the City’s Municipal Code, which prohibits the use of any light source that would cause any direct illumination on an adjacent street or lot with residential development.
4 In addition, Section 18.82.030 of the
City’s Municipal Code regulates the use of mirrors or highly reflective glass on building surfaces visible from a roadway and requires that outdoor lighting be shielded or directed away from any residential uses in proximity of the project site. Lighting for the proposed project would be reviewed during the Design Review process to ensure compliance with Section 18.78.050 and Section 18.82.030 of the City’s Municipal Code. Therefore, the proposed project would not create new sources of light or glare that would be substantially greater than existing sources historically emanating from the project site.

Based on the above, implementation of the project would result in a less-than-significant impact with respect to creating a new source of substantial light or glare which would adversely affect day or nighttime views in the area.
4 City of Pittsburg. Pittsburg Municipal Code. January 22, 2019. 32 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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II. AGRICULTURE AND FOREST
RESOURCES.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
   
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?    
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
   
d. Result in the loss of forest land or conversion of forest land to non-forest use?    
e. Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
   
Discussion
a,e. The project site is currently designated as “Urban and Built-Up Land” per the California Department of Conservation Farmland Mapping and Monitoring Program, 5 and is not
zoned or designated for agricultural uses. Given the Urban and Built-Up Land designation of the site, development of the proposed project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use, or otherwise result in the loss of Farmland to non-agricultural use or the conversion of forest land to non-forest use. Therefore, no impact would occur. b. Currently, the project site is designated LDR per the City’s General Plan and zoned RS6. The project includes a request to redesignate the site to CC and Rezone the site to CN.

The site is not under a Williamson Act contract6 and is not zoned for agricultural uses.

Therefore, buildout of the proposed project would not conflict with existing zoning for agricultural use or a Williamson Act contract, and no impact would occur. c,d. The project area is not considered forest land (as defined in PRC section 12220[g]), timberland (as defined by PRC section 4526), and is not zoned Timberland Production (as defined by Government Code section 51104[g]). Therefore, the proposed project would have no impact with regard to conversion of forest land or any potential conflict with forest land, timberland, or Timberland Production zoning.
5 California Department of Conservation. Contra Costa County Important Farmland 2016. Available at:
https://www.conservation.ca.gov/dlrp/fmmp/Pages/ContraCosta.aspx. Accessed March 2022. 6 City of Pittsburg. Pittsburg 2020: A Vision for the 21st Century City of Pittsburg General Plan Environmental Impact Report [Figure 4.5-1]. January 2001.
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III. AIR QUALITY.

Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Conflict with or obstruct implementation of the applicable air quality plan?    
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
   
c. Expose sensitive receptors to substantial pollutant
concentrations?    
d. Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
   
Discussion
a,b. The City of Pittsburg is located at the northerly border of the San Francisco Bay Area Air Basin (SFBAAB), which is under the jurisdiction of the Bay Area Air Quality Management District (BAAQMD). The SFBAAB area is currently designated as a nonattainment area for the State and federal ozone, State and federal fine particulate matter 2.5 microns in diameter (PM2.5), and State respirable particulate matter 10 microns in diameter (PM10) ambient air quality standards (AAQS). The SFBAAB is designated attainment or unclassified for all other AAQS. It should be noted that on January 9, 2013, the U.S.

Environmental Protection Agency (USEPA) issued a final rule to determine that the Bay Area has attained the 24-hour PM2.5 federal AAQS. Nonetheless, the Bay Area must continue to be designated as nonattainment for the federal PM2.5 AAQS until such time as the BAAQMD submits a redesignation request and a maintenance plan to the USEPA, and the USEPA approves the proposed redesignation.

In compliance with regulations, due to the nonattainment designations of the area, the BAAQMD periodically prepares and updates air quality plans that provide emission reduction strategies to achieve attainment of the AAQS, including control strategies to reduce air pollutant emissions through regulations, incentive programs, public education, and partnerships with other agencies. The current air quality plans are prepared in cooperation with the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG).

The most recent federal ozone plan is the 2001 Ozone Attainment Plan, which was adopted on October 24, 2001 and approved by the California Air Resources Board (CARB) on November 1, 2001. The plan was submitted to the USEPA on November 30, 2001 for review and approval. The most recent State ozone plan is the 2017 Clean Air Plan, adopted on April 19, 2017. The 2017 Clean Air Plan was developed as a multi-pollutant plan that provides an integrated control strategy to reduce ozone, PM, toxic air contaminants (TACs), and greenhouse gases (GHGs). Although a plan for achieving the State PM10 standard is not required, the BAAQMD has prioritized measures to reduce PM in developing the control strategy for the 2017 Clean Air Plan. The control strategy serves as the backbone of the BAAQMD’s current PM control program.

The aforementioned air quality plans contain mobile source controls, stationary source controls, and transportation control measures to be implemented in the region to attain the State and federal AAQS within the SFBAAB. Adopted BAAQMD rules and regulations, as well as the thresholds of significance, have been developed with the intent to ensure continued attainment of AAQS, or to work towards attainment of AAQS for which the area 34 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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is currently designated nonattainment, consistent with applicable air quality plans. The BAAQMD’s established significance thresholds associated with development projects for emissions of the ozone precursors reactive organic gases (ROG) and oxides of nitrogen (NOx), as well as for PM10, and PM2.5, expressed in pounds per day (lbs/day) and tons per year (tons/yr), are listed in Table 1. Thus, by exceeding the BAAQMD’s mass emission thresholds for operational emissions of ROG, NOX, PM10, or PM25 a project would be considered to conflict with or obstruct implementation of the BAAQMD’s air quality planning efforts.

Table 1
BAAQMD Thresholds of Significance
Pollutant
Construction Operational
Average Daily
Emissions
(lbs/day)
Average Daily
Emissions
(lbs/day)
Maximum Annual
Emissions
(tons/year)
ROG 54 54 10
NOx 54 54 10
PM10 (exhaust) 82 82 15
PM2.5 (exhaust) 54 54 10
Source: BAAQMD, CEQA Guidelines, May 2017.

The proposed project’s construction and operational emissions were quantified using the California Emissions Estimator Model (CalEEMod) software version 2020.4.0 – a statewide model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify air quality emissions, including GHG emissions, from land use projects. The model applies inherent default values for various land uses, including construction data, trip generation rates, vehicle mix, trip length, average speed, compliance with the CBSC, etc. Where project-specific information is available, such information should be applied in the model. Accordingly, the proposed project’s modeling assumes the following project and/or site-specific information:
• Construction would occur over an approximately one-year period; • The proposed land uses include:
o 10,903 sq. ft. of structures (3,850 sq. ft. convenience store and deli, 2,800 sq. ft. car wash, and 4,253 sq. ft. fuel canopy) with eight gas pumps; and o A parking lot with 22 spaces.
• The project would include demolition of approximately 2,400 sq. ft. of building space;
• The project would include import of 7,171 cubic yards (CY) of material and export of 7,171 CY of material during grading (in order to replace the existing fill); • Trip generation data was adjusted to 183.57 trips per pump, based on the Traffic Impact Analysis Report prepared for the proposed project; • The project would improve pedestrian network connectivity by providing sidewalks to the connecting area; and
• The project would generate 10,000 kWh of renewable energy on-site.

The proposed project’s estimated emissions associated with construction and operations are presented and discussed in further detail below. A discussion of the proposed project’s contribution to cumulative air quality conditions is provided below as well. All CalEEMod results are included as Appendix A to this IS/MND.
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Construction Emissions
According to the CalEEMod results, the proposed project would result in maximum unmitigated construction criteria air pollutant emissions as shown in Table 2. As shown in the table, the proposed project’s construction emissions would be below the applicable thresholds of significance for all criteria pollutants.

Table 2
Maximum Unmitigated Construction Emissions (lbs/day)
Pollutant
Proposed Project
Emissions
Threshold of
Significance
Exceeds
Threshold?
ROG 3.35 54 NO
NOX 51.21 54 NO
PM10 (exhaust) 1.45 82 NO
PM10 (fugitive) 9.77 None N/A
PM2.5 (exhaust) 1.34 54 NO
PM2.5 (fugitive) 4.16 None N/A
Source: CalEEMod, March 2022.

All projects under the jurisdiction of the BAAQMD are required to implement all of the BAAQMD’s Basic Construction Mitigation Measures, which include the following:

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

4. All vehicle speeds on unpaved roads shall be limited to 15 mph.

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.

7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.

8. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

The proposed project’s required implementation of the BAAQMD’s Basic Construction Mitigation Measures listed above would help to further minimize construction-related emissions. In particular, implementation of the foregoing measures would reduce fugitive dust emissions resulting from project construction.
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Based on the above, construction of the proposed project would result in emissions of criteria pollutants below BAAQMD’s thresholds of significance. Consequently, the proposed project would not conflict with air quality plans during project construction.

Operational Emissions
According to the CalEEMod results, the proposed project would result in maximum unmitigated operational criteria air pollutant emissions as shown in Table 3. As shown in the table, the proposed project’s operational emissions would be below the applicable thresholds of significance. As such, the proposed project would not result in a significant air quality impact during operations.

Table 3
Maximum Unmitigated Operational Emissions
Pollutant
Proposed Project
Emissions
Threshold of
Significance Exceeds
lbs/day tons/yr lbs/day tons/yr Threshold?
ROG1 5.97 1.01 54 10 NO
NOX 1.63 0.28 54 10 NO
PM10 (exhaust) 0.01 0.003 82 15 NO
PM10 (fugitive) 1.46 0.26 None None N/A
PM2.5 (exhaust) 0.01 0.003 54 10 NO
PM2.5 (fugitive) 0.39 0.07 None None N/A 1 Total ROG emissions were calculated by summing the maximum unmitigated operational emissions from CalEEMod modeling (2.85 lbs/day) and the daily emissions of ROG from fuel dispensing operations of the proposed gas station (3.12 lbs/day).

Source: CalEEMod, March 2022.

Cumulative Emissions
Past, present, and future development projects contribute to the region’s adverse air quality impacts on a cumulative basis. By nature, air pollution is largely a cumulative impact. A single project is generally not sufficient in size to, by itself, result in nonattainment of AAQS. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s contribution to the cumulative impact is considerable, then the project’s impact on air quality would be considered significant. In developing thresholds of significance for air pollutants, BAAQMD considered the emission levels for which a project’s individual emissions would be cumulatively considerable. The thresholds of significance presented in Table 1 represent the levels at which a project’s individual emissions of criteria air pollutants or precursors would result in a cumulatively considerable contribution to the SFBAAB’s existing air quality conditions. If a project exceeds the significance thresholds presented in Table 1, the proposed project’s emissions would be cumulatively considerable, resulting in significant adverse cumulative air quality impacts to the region’s existing air quality conditions. As presented above, the proposed project would be below all applicable thresholds for criteria pollutants during construction and operation. In addition, the proposed project would result in reductions in emissions from existing levels, which would contribute to improvements in the region’s existing air quality conditions. Thus, the project would not result in a cumulatively considerable contribution to the region’s existing air quality conditions.
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Conclusion
As stated previously, the applicable regional air quality plans include the 2001 Ozone Attainment Plan and the 2017 Clean Air Plan. The proposed project would result in operational emissions below all applicable thresholds of significance. In addition, the project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or State AAQS.

Therefore, the proposed project would not conflict with the applicable regional air quality plan, and a less-than-significant impact would occur.
c. Some land uses are considered more sensitive to air pollution than others, due to the types of population groups or activities involved. Heightened sensitivity may be caused by health problems, proximity to the emissions source, and/or duration of exposure to air pollutants. Children, pregnant women, the elderly, and those with existing health problems are especially vulnerable to the effects of air pollution. Sensitive receptors are typically defined as facilities where sensitive receptor population groups (i.e., children, the elderly, the acutely ill, and the chronically ill) are likely to be located. Accordingly, land uses that are typically considered to be sensitive receptors include residences, schools, playgrounds, childcare centers, retirement homes, convalescent homes, hospitals, and medical clinics. Existing sensitive receptors in the project area include the single-family residences to the southwest, west, and north of the project site. The nearest residence is located approximately 30 feet from the western boundary of the project site.

The major pollutant concentrations of concern are localized carbon monoxide (CO) emissions and TAC emissions, which are addressed in further detail below.

Localized CO Emissions
Localized concentrations of CO are related to the levels of traffic and congestion along streets and at intersections. High levels of localized CO concentrations are only expected where background levels are high, and traffic volumes and congestion levels are high.

Emissions of CO are of potential concern, as the pollutant is a toxic gas that results from the incomplete combustion of carbon-containing fuels such as gasoline or wood.

In order to provide a conservative indication of whether a project would result in localized CO emissions that would exceed the applicable threshold of significance, the BAAQMD has established screening criteria for localized CO emissions. According to BAAQMD, a proposed project would result in a less-than-significant impact related to localized CO emission concentrations if all of the following conditions are true for the project:
• The project is consistent with an applicable congestion management program established by the county congestion management agency for designated roads or highways, regional transportation plan, and local congestion management agency plans;
• The project traffic would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour; and
• The project traffic would not increase traffic volumes at affected intersections to more than 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (e.g., tunnel, parking garage, underpass, etc.).

According to the Traffic Impact Analysis Report prepared for the proposed project by TJKM, the proposed project is expected to generate 1,834 daily vehicle trips, 84 of which 38 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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would be during the AM peak hour, and 101 during the PM peak hour.7 As indicated in Figure 7, Existing Condition Peak Hour Traffic Volumes, of the Traffic Impact Analysis Report, the nearby study intersections experience between 1,347 and 2,552 vehicles during the peak hour. Therefore, the addition of 185 total peak hour trips per day generated by the proposed project would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour. In addition, areas where vertical and/or horizontal mixing do not exist in the project vicinity. Nonetheless, local traffic volumes remain far below 24,000 vehicles per hour, and the addition of project-generated vehicle trips would not exceed the threshold. As such, the proposed project would not be expected to result in substantial levels of localized CO at surrounding intersections or generate localized concentrations of CO that would exceed standards.

TAC Emissions
Another category of environmental concern is TACs. The CARB’s Air Quality and Land Use Handbook: A Community Health Perspective (Handbook) provides recommended setback distances for sensitive land uses from major sources of TACs, including, but not limited to, freeways and high traffic roads, distribution centers, rail yards, and gas dispensing facilities (GDFs). The CARB has identified diesel particulate matter (DPM) from diesel-fueled engines as a TAC; thus, high volume freeways, stationary diesel engines, and facilities attracting heavy and constant diesel vehicle traffic are identified as having the highest associated health risks from DPM. Gasoline includes multiple TACs, which are released through various processes during the operation of GDFs. Such TACs include benzene, ethyl benzene, toluene, and xylene, among others. Health risks associated with TACs are a function of both the concentration of emissions and the duration of exposure, where the higher the concentration and/or the longer the period of time that a sensitive receptor is exposed to pollutant concentrations would correlate to a higher health risk.

The proposed project would involve several components that would result in emissions of TACs. In particular, implementation of the proposed project would result in emissions related to project-construction, the use of heavy-duty diesel trucks to transport goods to and from the site, and operations of the proposed GDF. Each source of TACs is discussed in further depth in the sections below.

Construction Emissions
Short-term, construction-related activities could result in the generation of TACs, specifically DPM, from on-road haul trucks and off-road equipment exhaust emissions.

Construction is temporary and occurs over a relatively short duration in comparison to the operational lifetime of the proposed project. Health risks are typically associated with exposure to high concentrations of TACs over extended periods of time (e.g., 30 years or greater), whereas the construction period associated with the proposed project would likely be limited to approximately one year.

Construction of the proposed project would require soil import and export, which would involve heavy-duty diesel soil hauling truck trips to and from the site. Per the CalEEMod results, the anticipated soil hauling would require approximately 179 truck trips per day (or 90 trucks associated with the site per day) over the 10-day grading phase. For comparison, as noted in further detail below, the CARB considers a facility that experiences diesel truck traffic in excess of 100 trucks per day a potential major source of DPM. The proposed soil hauling activities would involve fewer trucks per day and would occur over a substantially 7 TJKM. Final Traffic Impact Analysis Report: LMK Petro at 1625 Buchanan Road. August 18, 2017. 39 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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limited period of time. Considering the associated number of diesel trucks per day, the temporary nature of the proposed hauling activities, and the highly dispersive nature of DPM, the proposed soil hauling activities during construction would not result in the exposure of sensitive receptors to substantial concentrations of DPM.

All construction equipment and operation thereof would be regulated per the In-Use OffRoad Diesel Vehicle Regulation, which is intended to help reduce emissions associated with off-road diesel vehicles and equipment, including DPM. Project construction would also be required to comply with all applicable BAAQMD rules and regulations, particularly associated with permitting of air pollutant sources. In addition, only portions of the site would be disturbed at a time throughout the construction period, with operation of construction equipment occurring intermittently throughout the course of a day rather than continuously at any one location on the project site. Operation of construction equipment within portions of the development area would allow for the dispersal of emissions, and would ensure that construction-activity is not continuously occurring in the portions of the project site closest to existing receptors. Because construction equipment on-site would not operate for long periods of time and would be used at varying locations within the site, associated emissions of DPM would not occur at the same location (or be evenly spread throughout the entire project site) for long periods of time. Due to the temporary nature of construction and the relatively short duration of potential exposure to associated emissions, the potential for any one sensitive receptor in the area to be exposed to concentrations of pollutants for a substantially extended period of time would be low.

Heavy-Duty Diesel Trucks On-site
Operation of the proposed convenience store and the GDF would require the movement of goods to and from the project site through the use of trucks, which would likely include heavy-duty diesel trucks. The use of diesel trucks on-site would represent a source of DPM. The CARB considers distribution centers to be significant sources of DPM due to the high volume of heavy-duty diesel vehicles used in the distribution of goods. As defined by CARB, distribution centers are facilities that serve as a distribution point for the transfer of goods and experience truck traffic in excess of 100 trucks per day. Based on preliminary truck schedule, total weekly truck traffic would involve an estimated five fuel trucks, four garbage trucks, and three grease trucks. Considering the anticipated number of truck deliveries would be below two truck trips per day on average, operation of the proposed project would not be considered a significant source of DPM from heavy-duty vehicles per the CARB’s Handbook. The proposed project would not be considered a distribution center and, thus, operations of the proposed project would not involve a substantial amount of DPM emissions from heavy-duty diesel vehicles.

Given that the project would not be classified as a distribution center and that the proposed project would not be anticipated to result in a substantial increase in the number of heavyduty vehicles accessing the site, implementation of the proposed project would not result in substantial emissions of DPM. Accordingly, nearby receptors would not be exposed to substantial concentrations of DPM from heavy-duty diesel trucks.

GDF Operations
As noted previously, GDFs are considered sources of various types of TACs. To address potential health impacts that could result from the proposed GDF (i.e., LMK Gas Station) operations upon the nearby residences surrounding the project site, emissions of pollutants related to gasoline dispensing activities were estimated and the potential health 40 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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risks were subsequently calculated. Based on applicant-provided information, the proposed GDF is anticipated to have a throughput of 1.2 million gallons of gasoline per year. A detailed health risk assessment was performed to assess potential impacts related to the GDF, and is discussed in further detail below.

To assess the potential impacts of TACs, the BAAQMD maintains thresholds of significance for the review of local community risk and hazard impacts. The thresholds are designed to assess the impact of new sources of TACs on existing sensitive receptors.

Based on the BAAQMD thresholds, the proposed project would result in a significant impact related to TACs if, due to the exposure of sensitive receptors to TACs related to operations of the GDF, nearby sensitive receptors would experience an increased cancer risk of greater than or equal to 10 in one million people, or experience a chronic or acute hazard index of greater than or equal to 1.0.8
Following the guidance within the BAAQMD’s Recommended Methods for Screening and Modeling Local Risks and Hazards,
9 as well as guidance from other air districts within
California such as the San Joaquin Valley Air Pollution Control District,10 the concentrations of pollutants from operation of the GDF were calculated using the American Meteorological Society/Environmental Protection Agency (AMS/EPA) Regulatory Model (AERMOD) dispersion model. The associated cancer risk and noncancer (chronic and acute) hazard index were calculated using the CARB’s Hotspot Analysis and Reporting Program 2 Risk Assessment Standalone Tool (HARP 2 RAST),11 which calculates the cancer and non-cancer health impacts using the risk assessment guidelines of the 2015 Office of Environmental Health Hazard Assessment (OEHHA) Guidance Manual for Preparation of Health Risk Assessments.12 In addition to the guidance provided by the BAAQMD, further modeling guidance was obtained through the California Air Pollution Control Officers Association’s (CAPCOA) Guidance document, Gasoline Service Station Industrywide Risk Assessment Guidelines, as well as the USEPA’s User’s Guide for the AMS/EPA Regulatory Model – AERMOD, 13 and the 2015
OEHHA Guidance Manual.

Considering that GDFs result in the emission of various TACs, potential risks related to the exposure of receptors to benzene, ethyl benzene, toluene, and xylene were considered. The project site is in proximity to various receptors, with the nearest existing sensitive receptor being the residences located approximately 30 feet from the western edge of the project site. Additionally, several schools exist within the project area, with the closest being Foothill Elementary School, located approximately 2,000 feet southwest, and Stoneman Elementary School, located approximately 2,100 feet northwest. Thus, pollutant concentrations at all nearby receptors were estimated. Although pollutant concentrations at all nearby receptors were estimated, for the purpose of determining potential health risks, only the highest estimated pollutant concentrations were used in 8 Bay Area Air Quality Management District. California Environmental Quality Act Air Quality Guidelines. May 2017. 9 Bay Area Air Quality Management District. Recommended Methods for Screening and Modeling Local Risks and Hazards. May 2012. 10 San Joaquin Valley Air Pollution Control District. Guidance for Air Dispersion Modeling. August 2006. 11 California Air Resources Board. User Manual for the Hotspots Analysis and Reporting Program Health Risk Assessment Standalone Tool, Version 2. March 17, 2015. 12 Office of Environmental Health Hazard Assessment. Air Toxics Hot Spots Program Risk Assessment Guidelines, Guidance Manual for Preparation of Health Risk Assessments [pg. 8-18]. February 2015. 13 U.S. Environmental Protection Agency. User’s Guide for the AMS/EPA Regulatory Model – AERMOD. September 2004.
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calculating cancer risk and hazard indices. The receptor experiencing the highest estimated pollutant concentrations was considered to be the maximally exposed receptor, and would experience the highest potential health risks. Health risks to all other receptors would likely be lower than the health risks to the maximally exposed receptor, because all other receptors would be exposed to lower concentrations of GDF-related pollutants as compared to the maximally exposed receptor. Considering that both schools and residences exist in proximity to the project site, the estimation of health risks conservatively assumed that nearby receptors would be continuously exposed to pollutants from the GDF at the maximum estimated concentrations. This assumption would represent a scenario whereby a resident living nearby also attends one of the nearby schools, and is thus exposed to pollutants both at home and at school. By using the maximum estimated concentrations and assuming continuous exposure to pollutants, the estimated health risks are considered a worst-case estimate of potential health risks, and actual health risks to receptors in the project area would likely be lower than the levels presented within this analysis.

Table 4 presents the combined cancer risks and non-cancer hazard indexes for the foregoing pollutants. It should be noted that the cancer risks and non-cancer hazard indexes presented in Table 4 represent the risks over a 30-year exposure period.

Table 4
Maximum Cancer Risk and Hazard Index Associated with the Proposed GDF Operations
Cancer Risk (per
million persons)
Acute Hazard
Index
Chronic Hazard
Index
At Maximally
Exposed Receptor 1.10 0.11 0.00
Thresholds of
Significance 10 1.0 1.0
Exceed Thresholds? NO NO NO
Sources: AERMOD and HARP 2 RAST, 2020.

As shown in Table 4 above, TAC emissions related to the operation of the proposed GDF would not result in health risks to the maximally exposed receptor in excess of the BAAQMD’s thresholds for cancer risk and/or non-cancer hazard index.

Criteria Pollutants
The BAAQMD thresholds of significance were established with consideration given to the health-based air quality standards established by the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS), and are designed to aid the district in achieving attainment of the NAAQS and CAAQS.14Although the BAAQMD’s thresholds of significance are intended to aid achievement of the NAAQS and CAAQS for which the SFBAAB is in nonattainment, the thresholds of significance do not represent a level above which individual project-level emissions would directly result in public health impacts. Nevertheless, a project’s compliance with BAAQMD’s thresholds of significance provides an indication that criteria pollutants released as a result of project implementation would not inhibit attainment of the health-based regional NAAQS and CAAQS. Because project-related emissions would not exceed the BAAQMD’s thresholds, 14 Bay Area Air Quality Management District. California Environmental Quality Act Air Quality Guidelines. May 2017. 42 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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and, thus, would not inhibit attainment of regional NAAQS and CAAQS, the criteria pollutants emitted during project implementation would not be anticipated to result in measurable health impacts to sensitive receptors. Accordingly, the proposed project would not expose sensitive receptors to excess concentrations of criteria pollutants.

Conclusion
Based on the above discussion, the proposed project would not expose any sensitive receptors to excess concentrations of localized CO, TAC, or criteria pollutants during operations of the project. Consequently, the proposed project would result in a less-thansignificant impact related to the exposure of sensitive receptors to substantial pollutant concentrations.
d. Pollutants of principal concern include emissions leading to odors, emission of dust, or emissions considered to constitute air pollutants. Air pollutants have been discussed in section “a” through “c” above. Therefore, the following discussion focuses on emissions of odors and dust.

Per the BAAQMD CEQA Guidelines, odors are generally regarded as an annoyance rather than a health hazard.15 Manifestations of a person’s reaction to odors can range from psychological (e.g., irritation, anger, or anxiety) to physiological (e.g., circulatory and respiratory effects, nausea, vomiting, and headache). The presence of an odor impact is dependent on a number of variables including: the nature of the odor source; the frequency of odor generation; the intensity of odor; the distance of odor source to sensitive receptors; wind direction; and sensitivity of the receptor.

Due to the subjective nature of odor impacts, the number of variables that can influence the potential for an odor impact, and the variety of odor sources, quantitative analysis to determine the presence of a significant odor impact is difficult. Typical odor-generating land uses include, but are not limited to, wastewater treatment plants, landfills, and composting facilities. The proposed project would not introduce any such land uses.

Construction activities often include diesel-fueled equipment and heavy-duty trucks, which could create odors associated with diesel fumes that may be considered objectionable.

However, construction activities would be temporary, and hours of operation for construction equipment would be restricted to the hours of 8:00 AM and 5:00 PM Monday through Friday per Section 18.82.040 of the City of Pittsburg Municipal Code. Project construction would also be required to comply with all applicable BAAQMD rules and regulations, particularly associated with permitting of air pollutant sources. The aforementioned regulations would help to minimize emissions, including emissions leading to odors. Accordingly, substantial objectionable odors would not be expected to occur during construction activities.

Operations of the proposed deli use would have the potential to result in emissions of odors related food preparation and disposal. In particular, preparation of oily food, some baking processes, and cooking using charbroiling grills may create odorous emissions.

However, commercial kitchens and cooking areas are required to comply with state and local regulations associated with cooking equipment and controls, such as grease filtration and removal systems, exhaust hood systems, and blowers to move air into the 15 Bay Area Air Quality Management District. California Environmental Quality Act Air Quality Guidelines [pg. 7-1].

May 2017.
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hood systems, through air cleaning equipment, and then outdoors. Such equipment would ensure that pollutants associated with smoke and exhaust from cooking surfaces would be captured and filtered, allowing only filtered air to be released into the atmosphere. In addition, the disposal of solid waste, including putrescible waste, such as food waste, is regulated under Chapter 8.04, Rubbish Removal and Disposal, of the City’s Municipal Code.

Furthermore, operations of the proposed GDF would result in gasoline odors that could be considered objectionable. However, because the GDF is located approximately 30 feet away from the nearest receptors, the distance would allow for some dispersal of odors. In addition, the proposed GDF pumps would include vapor recovery systems that reduce vapor loss to the maximum extent feasible. Overall, the proposed project would not expose nearby receptors to substantial odors.

The BAAQMD regulates objectionable odors through Regulation 7, Odorous Substances, which does not become applicable until the Air Pollution Control Officer (APCO) receives odor complaints from ten or more complainants within a 90-day period.

Once effective, Regulation 7 places general limitations on odorous substances and specific emission limitations on certain odorous compounds, which remain effective until such time that citizen complaints have not been received by the APCO for one year. The limits of Regulation 7 become applicable again when the APCO receives odor complaints from five or more complainants within a 90-day period. Thus, although not anticipated, if odor complaints are made after the proposed project is developed, the BAAQMD would ensure that such odors are addressed, and any potential odor effects are minimized or eliminated.

As noted previously, all projects under the jurisdiction of BAAQMD are required to implement the BAAQMD’s Basic Construction Mitigation Measures. Such measures would act to reduce construction-related dust by ensuring that haul trucks with loose material are covered, reducing vehicle dirt track-out, and limiting vehicle speeds within project site, among other methods, which would ensure that construction of the proposed project does not result in substantial emissions of dust. Following project construction, vehicles operating within the project site would be limited to paved areas of the site, and non-paved areas would be landscaped. Thus, project operations would not include sources of dust that could adversely affect a substantial number of people.

For the aforementioned reasons, construction and operation of the proposed project would not result in emissions, such as those leading to odors, adversely affecting a substantial number of people, and a less-than-significant impact would result. 44 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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IV. BIOLOGICAL RESOURCES.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
   
b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the
California Department of Fish and Wildlife or US Fish and Wildlife Service?
   
c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
   
d. Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites?
   
e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
   
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Conservation Community
Plan, or other approved local, regional, or state habitat conservation plan?
   
Discussion
a,f. Special-status species are plants and animals that are legally protected under the State and/or Federal Endangered Species Act (FESA) or other regulations. The FESA of 1973 declares that all federal departments and agencies shall utilize their authority to conserve endangered and threatened plant and animal species. The California Endangered Species Act (CESA) of 1984 parallels the policies of FESA and pertains to native California species.

Special-status species include the following:
• Plant and wildlife species that have been formally listed, are proposed as endangered or threatened, or are candidates for such listing under the federal and State Endangered Species Acts. Both acts afford protection to listed species; • California Department of Fish and Wildlife (CDFW) Species of Special Concern, which are species that face extirpation in California if current population and habitat trends continue;
• U.S. Fish and Wildlife Service (USFWS) Birds of Conservation Concern; • Sensitive species included in USFWS Recovery Plans;
• CDFW special-status invertebrates; and
• Plant species on California Native Plant Society (CNPS) categories 1A, 1B, 2B, 3, and 4.
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Although CDFW Species of Special Concern generally do not have special legal status, they are given special consideration under CEQA. In addition to regulations for specialstatus species, most birds in the U.S., including non-status species, are protected by the Migratory Bird Treaty Act (MBTA) of 1918. Under the MBTA, destroying active nests, eggs, and young is illegal. In addition, plant species on CNPS Lists 1 and 2 are considered special-status plant species and are protected under CEQA.

The project site is located within the boundaries of the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (ECCCHCP/NCCP), which is intended to provide an effective framework to protect natural resources in the County, including special-status species. The CDFW Natural Diversity Database (CNDDB) was used to determine what special-status species are known to have occurred within a fivemile radius of the project site. The CNDDB query returned 85 total species that would have the potential to occur in the project area, 47 of which are plants and 38 of which are animals.

In February 2015, the East Contra Costa County Habitat Conservancy prepared an ECCCHCP/NCCP Assessment of Plan Effects on CEQA Species.16 The purpose of the assessment was to provide a programmatic, cumulative CEQA effects analysis for CEQA species not covered by the ECCCHCP/NCCP. The 2015 ECCCHCP/NCCP Assessment of Plan Effects on CEQA Species concluded that mitigation measures required in the ECCCHCP/NCCP also provide mitigation for non-covered species; therefore, projects consistent with the ECCCHCP/NCCP would have a less-than-significant impact on other potential special-status species.

According to the 2015 ECCCHCP/NCCP Assessment of Plan Effects on CEQA Species, for all but two of the potential special-status species addressed (Lime Ridge navarretia [Navarretia gowenii] and the Lime Ridge eriastrum [Eriastrum ertterae]), impacts would be less than significant under CEQA. Because of uncertainty regarding the distribution of the Lime Ridge navarretia and the Lime Ridge eriastrum, the 2015 ECCCHCP/NCCP Assessment of Plan Effects on CEQA Species concluded that a potentially significant impact could occur related to the two aforementioned species. The project specific search of the CNDDB and did not identify any known occurrences of Lime Ridge navarretia or Lime Ridge eriastrum within the project site or immediate vicinity. According to the results of the CNDDB search, the nearest documented occurrence of Lime Ridge navarretia or Lime Ridge eriastrum is approximately 7.84 miles southwest of the project site and, therefore, implementation of the proposed project would not impact the species. Based on the conclusions of the 2015 ECCCHCP/NCCP Assessment of Plan Effects on CEQA Species and the absence of the Lime Ridge navarretia and Lime Ridge eriatrum in the vicinity of the project site, the proposed project would have a less-than-significant impact on any potential special-status wildlife species and potential special-status plant species not covered by the ECCCHCP/NCCP that could occur within the vicinity of the project site because the proposed project would be required to comply with the ECCCHCP/NCCP.

According to Figure 3-3: Landcover in the Inventory Area of the ECCCHCP/NCCP, the project site is characterized as urban. The Physical and Biological Resources Chapter of the ECCCHCP/NCCP defines urban sites as sites where the native vegetation has been 16 H.T. Harvey & Associates. East Contra Costa County Habitat Conservation Plan – Assessment of Plan Effects on CEQA Species. February 17, 2015.
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cleared for residential, commercial, industrial, transportation, or recreational structures. 17 A portion of the parcel on which the project site is located is undeveloped and consists primarily of ruderal grassland with trees scattered throughout; however, the proposed project would only disturb an approximately 2.7-acre portion of the parcel, which is currently developed with two deteriorated structures, a cellular tower, and an approximately 18- to 22-foot-deep excavation. As such, the undeveloped portions of the project site would remain undisturbed following project construction. In addition, areas surrounding the project site consist primarily of developed urban uses.

The habitat requirements of all the species identified in the project-specific CNDDB search were subsequently compared to the habitat on the project site to determine the likelihood of each special-status species occurring at the project site. Based on the lack of key habitat requirements within the project site, the majority of the special-status species were determined to not be present on-site. However, four special status plant species, which include the large-flowered fiddleneck, big tarplant, diamond petaled California poppy, and caper-fruited tropidocarpum, have the potential to occur on-site. In addition, the potential exists for nesting birds and raptors to occur within the existing trees on-site, including the Swainson’s hawk, golden eagle, and white-tailed kite. All of the aforementioned specialstatus species are covered under the ECCCHCP/NCCP, and are discussed in detail below.

Special-Status Plants
Special-status plants generally occur in relatively undisturbed areas within vegetation communities such as vernal pools, marshes and swamps, chenopod scrub, seasonal wetlands, riparian scrub, chaparral, alkali playa, dunes, and areas with unusual soil characteristics. The project site does not contain any of the aforementioned key habitat requirements, and therefore the project site is not considered to be habitat for the species requiring such habitat. The project site meets some of the habitat requirements for four of the remaining species, which include the large-flowered fiddleneck, big tarplant, diamond petaled California poppy, and caper-fruited tropidocarpum. All of the aforementioned species are covered under the ECCCHCP/NCCP, and the large-flowered fiddleneck, diamond petaled California poppy, and caper-fruited tropidocarpum are listed as no-take species under the ECCCHCP/NCCP. However, considering that none of the four above listed plant species have been documented within the project site or immediate vicinity, and the area surrounding the project site is primarily developed land, the potential for the species to occur at the project site is unlikely. Furthermore, the portion of the project site where development of the proposed project would occur has been previously developed.

Considering the history of site disturbance, the four aforementioned special-status plant species are not anticipated to occur within the project site. Because special-status plants are not anticipated to occur within the project site, implementation of the proposed project would not result in adverse effects to special-status plants. 17 East Contra Costa County Conservancy. Final East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan, Chapter 3 Physical and Biological Resources [p. 3-25]. Updated December 19, 2006.
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Special-Status Wildlife
The potential exists for nesting birds and raptors to occur within the existing trees on-site, including the Swainson’s hawk, golden eagle, and white-tailed kite, which are species covered under the ECCCHCP/NCCP.

Swainson’s Hawk
Swainson’s hawk is a State Threatened species and is a federal Bird of Conservation Concern. The species nests in western North America from March to July and migrates to South America for the winter. The species generally nests in riparian areas or in large, isolated trees adjacent to, or within easy flying distance to, agricultural areas providing suitable foraging habitat. Swainson’s hawk is unlikely to nest or forage within the project site due to the lack of foraging habitat present and the marginal quality of on-site or nearby trees available for nesting. Although unlikely to occur on-site, in the event that an active nest of the species is present within 1,000 feet of the project site, construction activities could result in the noise-related abandonment of an active nest, which would constitute a potentially significant impact.

Golden Eagle
Golden eagle is a fully protected species which typically forages in rolling foothill or coastrange terrain, with open grassland and scattered trees. The species generally nests in large trees, on cliffs, and occasionally on power line poles. The on-site trees provide poor quality nesting habitat for golden eagles, as they prefer ledges on cliff walls or very large trees isolated from any type of disturbance. Golden eagle is unlikely to nest or forage within the project site due to the lack of foraging habitat present and the marginal quality of on-site or nearby trees available for nesting. Although unlikely to occur on-site, in the event that golden eagle occur on-site during the breeding season, project construction activities could result in an adverse effect to the species.

White-Tailed Kite
White-tailed kite is a State species of special concern and is designated as fully protected under California Fish and Game Code (CFGC) Section 3511. White-tailed kites generally inhabit low-elevation grassland, savannah, oak woodland, wetlands, agricultural, and riparian habitats. Some large shrubs or trees are required for nesting and for communal roosting sites. Nest trees range from small, isolated shrubs and trees to trees in relatively large stands. White-tailed kites make nests of loosely piled sticks and twigs, lined with grass and straw, near the top of dense oaks, willows, and other tree stands. The breeding season lasts from February through October and peaks between May and August. Whitetailed kite forage in undisturbed, open grassland, meadows, farmland, and emergent wetlands. In the event that white-tailed kite occur on-site during the breeding season, project construction activities could result in an adverse effect to the species.

Nesting Raptors, Migratory Birds, and Other Protected Birds The project site supports trees providing suitable habitat for nesting raptors, migratory birds, and other protected birds. Buildout of the proposed project could occur during the nesting period for migratory birds (typically between February 1 and August 31). Thus, tree removal could result in direct impacts to nesting birds, and mechanized work and vehicle traffic associated with construction of the proposed project could indirectly disturb nesting birds and result in nest abandonment if individuals are present during initiation of ground-disturbing activity. In the event that such species occur on-site during the breeding 48 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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season, project construction activities could result in an adverse effect to species protected under the MBTA and/or CDFW.

ECCCHCP/NCCP Requirements
Procedures for pre-construction surveys, best management practices, and construction monitoring, as well as Applicable Avoidance and Minimization Measures for species covered by the ECCCHCP/NCCP are outlined in Section 6.3.3 Surveys for Construction Monitoring and Section 6.4.3 Species-Level Measures of the ECCCHCP/NCCP.18 The project would be required to comply with all ECCCHCP/NCCP requirements, including conducting pre-construction surveys prior to ground disturbance activities to establish whether nests of Swainson’s hawks and golden eagles are occupied. If nests are occupied, the project would be required to comply with the minimization requirements and construction monitoring in the ECCCHCP/NCCP. In compliance with the ECCCHCP/NCCP, the project would also be required to follow Applicable Avoidance and Minimization Measures if nests are located within 1,000 feet of the project site.

All birds covered by the ECCCHCP/NCCP are also considered migratory birds and subject to the prohibitions of the MBTA. Therefore, actions conducted under the ECCCHCP/NCCP comply with the provisions of the MBTA. Conservation Measure 1.12 Implement Best Management Practices for Rural Road Maintenance and Conservation Measure 1.14 Design Requirements for Covered Roads Outside of the UDA of the ECCCHCP/NCCP incorporate avoidance guidelines for compliance with the MBTA.

Because the project would comply with all ECCCHCP/NCCP requirements, the project would also comply with the provisions of the MBTA.

In addition, the ECCCHCP/NCCP accomplishes habitat protection through the establishment of preserves and the collection of development fees. Fees are collected based on established fee zones and land cover types, with developments placed in higher quality habitat land cover types incurring higher development fee rates, and developments placed in low quality habitats or urban areas incurring lower development fees or no development fees. Fee zones and land cover types are presented in the East Contra Costa County HCP/NCCP Development Fee Zones figure.19 Figure 9-1 places the project site in Fee Zone 2. Fee Zone 2 requires a payment of $23,838 per acre. Thus, the project applicant would be required to pay approximately $119,190.00 for Zone 2 fees, or otherwise execute an “in‐lieu‐of fee” agreement with the East Contra Costa Habitat Conservancy prior to construction to mitigate the potential effects of the proposed project.

Conclusion
Based on the above, Swainson’s hawk, golden eagle, and white-tailed kite have the potential to occur on-site. However, the project would be required to comply with ECCCHCP/NCCP requirements, including pre-construction surveys. Additionally, although the site and surrounding area contains suitable nest trees for nesting raptors and migratory birds protected by the MBTA, the project would be required to comply with the ECCCHCP/NCCP’s Applicable Avoidance and Minimization Measures for Swainson’s hawk, golden eagle, white-tailed kite, and nesting and migratory birds. The proposed 18 East Contra Costa County Habitat Conservation Plan Association. Final East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan. October 2006. 19 East Contra Costa County Conservancy. Figure 9-1: Development Fee Zones. Accessible at:
https://www.cocohcp.org/DocumentCenter/View/782/Figure-9-1-Development-Fee-Zones-PDF. Accessed March 2022.
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project would comply with all applicable ECCCHCP/NCCP requirements. Thus, the proposed project would not have an adverse effect, either directly or through habitat modifications, on species identified as special-status species in local or regional plans, policies, or regulations, or by the CDFW or the USFWS, and a less-than-significant impact would result.
b,c. The majority of the development footprint for the proposed project is currently developed; however, the remainder of the project site consists of undeveloped grassland. A natural drainage area is located along the northern portion of the site; however, because the drainage area is not connected to any other body of water, a reasonable assumption can be made that the drainage area does not meet the criteria to be considered federally protected wetlands or waters of the U.S. In addition, as discussed above, the project site is characterized as urban by the ECCCHCP/NCCP. The Physical and Biological Resources Chapter of the ECCCHCP/NCCP defines urban sites as sites where the native vegetation has been cleared for residential, commercial, industrial, transportation, or recreational structures.20 Therefore, the proposed project would not have a substantial adverse effect on riparian habitat, sensitive natural communities, or federally protected wetlands, and a less-than-significant impact would occur. d. The project site is located in an urbanized area and is bordered by an existing roadway, residential development, and the Highlands Ranch Park to the south, single-family residences to the east and west, and RV and boat storage to the southwest. The parcel to the north of the site is currently developed with the Contra Costa Canal, and singlefamily residences are located beyond the canal. While the project site does not include any aquatic features that could be used as a movement corridor by aquatic species, the nearby canal could provide habitat to be used as a movement corridor in the vicinity of the site. Nonetheless, the portion of the canal located directly north of the site has been undergrounded, and is separated from the site by existing fencing and roadways, such as Norine Drive and Meadows Avenue. Thus, the developed nature of the surrounding area does not support any wildlife movement corridors. Additionally, the proposed project would mitigate for any impacts to special-status species habitats through site-specific preconstruction surveys, avoidance measures, and payment of applicable mitigation fees.

Furthermore, only a portion of the site would be disturbed as a result of the proposed project, and wildlife would still be able to use the remainder of the site as a migration corridor, if necessary. As such, the project would not interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites. Thus, a lessthan-significant impact would occur. e. Chapter 18.84, Article XIX, Tree Preservation and Protection, of the City’s Municipal Code defines protected trees and establishes the requirements governing the removal and preservation of such trees.

An Arborist Report (Appendix B) was prepared to evaluate the health and structural condition of the trees within the project area, determine which trees could be preserved 20 East Contra Costa County Conservancy. Final East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan, Chapter 3 Physical and Biological Resources [pg. 3-25]. Updated December 19, 2006.
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and removed, and provide guidelines for tree preservation during the design, construction, and maintenance phases of development. 21
Based on a survey of the project site conducted on September 28, 2022, a total of 20 trees and palms were identified on the project site. The 20 trees consisted of eight different species of including almond (Prunus dulcis), blue gum eucalyptus (Eucalyptus globulus), CA fan palm (Washingtonia filifera), Chinese elm (Ulmus parvifolia), olive (Olea europaea), red willow (Salix laevigata), silk tree (Albizia julibrissin), and yellow willow (Salix lasiandra). Of the 20 on-site trees, 10 were determined to be protected trees, as defined by the City’s Tree Preservation and Protection Ordinance.

The Arborist Report concluded that 17 trees would require removal during development of the proposed project, including all 10 protected trees identified on-site. However, five of the 10 protected trees were determined to require removal due to poor health, structure, and/or form, and, therefore, were not suitable for preservation. Nonetheless, pursuant to Section 18.84.845 of the City’s Municipal Code, a protected tree may only be removed upon approval of a tree removal permit issued by the City. The information required when submitting a Tree Removal Permit application, includes, but is not limited to, the following:
• The precise number, species, size and location of the tree or trees to be cut down, destroyed or removed and a brief statement of the reason for removal; • The signature of the property owner authorizing such removal and the signature of the person performing the work, if different than the property owner and if known at the time of the application;
• An arborist report including a tree survey plan specifying the precise location and drip line of all existing trees on or in the vicinity of the project site. The tree survey plan shall also indicate the precise location of existing and proposed buildings and easements within 25 feet of the drip line of the trees, and the plan shall include existing and proposed grades adjacent to the trees along with underground utility services, sub-drains, water, sewer, irrigation and lighting. The arborist report shall also include a table that identifies each tree by number along with the size, and species of each tree (including a statement as to whether or not it is a California native species), as well as a statement indicating whether the tree is proposed to be saved or removed;
• The time and manner in which the removed tree(s) would be replaced, subject to the requirements of Chapter 18.84, Article XIX, of the City’s Municipal Code; and • A biological report or statement for any trees that may serve as potential habitat for any candidate, sensitive or special status species identified in any local or regional plans, policies or regulations, or by CDFW or the USFWS.

In addition, the City would impose tree replacement standards or in-lieu fees pursuant to Section 18,84.855 of the Municipal Code for any protected trees proposed for removal.

Replacement options include, but are not limited to:
• Replacement of the removed tree(s) at a four-to-one ratio with 24-inch box trees; • Replacement of the tree(s) at a 12-to-one ratio with 15-gallon trees; 21 Trees, Bugs, Dirt Landscaping Consulting and Training. Arborist Report 625 Buchanan Road, Pittsburg CA – LMK Gas Station. October 4, 2022
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• Payment of in-lieu fees equal to the replacement trees’ value, installation costs and one year of maintenance costs, as calculated with a 12-to-one ratio of 15-gallon trees; or
• A combination of replacement and payment of in-lieu fees.

The remaining three trees identified on-site would be retained during project development.

As discussed above, none of the three remaining trees to be retained on-site were determined to be protected trees, as defined by the City’s Tree Preservation and Protection Ordinance. Nonetheless, the Arborist Report included tree preservation measures, including, but not limited to: pruning the trees as needed, performing root crown excavation, mowing weeds around the trees, establishing tree protection zones outside of the tree driplines, designating limits of work within the tree driplines (as necessary), and installing fencing around the tree protection zones. The tree preservation measures included in the Arborist Report would be required as conditions of project approval by the City.

Based on the above, the proposed project would require removal of 10 protected trees, as defined by the City’s Tree Preservation and Protection Ordinance. Thus, if the proposed project were to remove any protected trees without procuring a Tree Removal Permit, the proposed project could conflict with a local policies or ordinances protecting biological resources, and a potentially significant impact could occur.

Mitigation Measure(s)
Implementation of the following mitigation measures would reduce the above potential impact to a less-than-significant level.

IV-1 Prior to the removal of any on-site protected tree(s), a tree removal permit application shall be prepared consistent with Section 18.84.845 of the City’s Municipal Code, subject to review and approval by the City of Pittsburg Planning Division. For all protected trees proposed for removal, the project applicant shall comply with all tree replacement standards or pay any in-lieu fees pursuant to Section 18. 84.855 of the Municipal Code. 52 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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V. CULTURAL RESOURCES.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?     b. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5?
   
c. Disturb any human remains, including those interred
outside of dedicated cemeteries.    
Discussion
a-c. Historical resources are features that are associated with the lives of historically-important persons and/or historically-significant events, that embody the distinctive characteristics of a type, period, region or method of construction, or that have yielded, or may be likely to yield, information important to the pre-history or history of the local area, California, or the nation. Examples of typical historical resources include, but are not limited to, buildings, farmsteads, rail lines, bridges, and trash scatters containing objects such as colored glass and ceramics.

The General Plan EIR lists Pittsburg as containing multiple historic sites relevant to the history of Pittsburg, including historical resources from the coal and steel eras. As one of the earliest industrial centers in Contra Costa County, the City’s historical resources encompass a broad range of activities. Resources include buildings associated with industry including Black Diamond Mines, early railroads along Railroad Avenue, military facility Camp Stoneman, and places of entertainment such as the Black Diamond Theater and the Palace Theater.

The proposed project would include demolition of the existing on-site structures, which were constructed in 1970. The Office of Historic Preservation (OHP) has determined that structures in excess of 45 years of age could be important historical resources, and former building and structure locations could be important archaeological sites; however, the onsite structures are not associated with any important events or people who would have contributed to local, California, or United States history. Therefore, the structures are not eligible for Criterion 1 or Criterion 2 of the California Register. The structures are of simple design and do not embody distinctive characteristics of a type, period, or method of construction; therefore, the structures are not eligible for Criterion 3 of the California Register. Criterion 4 is typically utilized for determining the importance of archaeological sites; therefore, the on-site structures would be ineligible for such a classification under Criterion 4. Furthermore, a records search by the NAHC of the Sacred Lands File resulted in negative findings of cultural resources on the project site.22 However, considering that unknown archaeological resources, including human remains, and/or historic resources have the potential to exist on-site, ground-disturbing activity related to project construction could encounter such resources. Therefore, the proposed project could cause a substantial adverse change in the significance of a historic or archaeological resource pursuant to CEQA Guidelines Section 15064.5 and/or disturb human remains, including those interred outside of formal cemeteries during construction.

Thus, impacts could be considered potentially significant. 22 Native American Heritage Commission. 1625 Buchanan Rd, Pittsburg, CA 94565 Project, Contra Costa County.

June 28, 2022.
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Mitigation Measure(s)
Implementation of the following mitigation measure would reduce the above impact to a less-than-significant level.

V-1. Prior to approval of Improvement Plans, plans shall be reviewed by the Pittsburg Community Development Department to ensure the following note is included:

If any prehistoric or historic artifacts, or other indications of cultural deposits are found once ground disturbing activities are underway, all work within the vicinity of the find(s) shall cease, the Community Development Department shall be notified, and the find(s) shall be immediately evaluated by a qualified archaeologist. If the find is determined to be a historical or unique paleontological or archaeological resource, contingency funding and a time allotment to allow for implementation of avoidance measures or appropriate mitigation shall be made available (CEQA Guidelines Section 15064.5). Work may continue on other parts of the project site while historical or unique archaeological resource mitigation takes place (Public Resources Code Sections 21083 and 21087).

V-2. Prior to approval of Improvement Plans, plans shall be reviewed by the Pittsburg Community Development Department to ensure the following note is included:

In the event of the accidental discovery or recognition of any human remains, further excavation or disturbance of the find or any nearby area reasonably suspected to overlie adjacent human remains shall not occur until compliance with the provisions of CEQA Guidelines Section 15064.5(e)(1) and (2) has occurred. The Guidelines specify that in the event of the discovery of human remains other than in a dedicated cemetery, no further excavation at the site or any nearby area suspected to contain human remains shall occur until the County Coroner has been notified to determine if an investigation into the cause of death is required.

If the coroner determines that the remains are Native American, then, within 24 hours, the Coroner must notify the Native American Heritage Commission, which in turn will notify the most likely descendants who may recommend treatment of the remains and any grave goods. If the Native American Heritage Commission is unable to identify a most likely descendant or most likely descendant fails to make a recommendation within 48 hours after notification by the Native American Heritage Commission, or the landowner or his authorized agent rejects the recommendation by the most likely descendant and mediation by the Native American Heritage Commission fails to provide a measure acceptable to the landowner, then the landowner or his authorized representative shall rebury the human remains and grave goods with appropriate dignity at a location on the property not subject to further disturbances. Should human remains be encountered, a copy of the resulting County Coroner report noting any written consultation with the Native American Heritage Commission shall be submitted as proof of compliance to the City’s Community Development Department. 54 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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VI. ENERGY.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or
operation?
   
b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?    
Discussion
a,b. The main forms of available energy supply are electricity and oil. A description of the 2019 California Green Building Standards Code (CALGreen Code) and the Building Energy Efficiency Standards, with which the proposed project would be required to comply, as well as discussions regarding the proposed project’s potential effects related to energy demand during construction and operations are provided below.

California Green Building Standards Code
The 2019 California Green Building Standards Code, otherwise known as the CALGreen Code (CCR Title 24, Part 11) is a portion of the CBSC, which became effective on January 1, 2020.23 The purpose of the CALGreen Code is to improve public health, safety, and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices. The CALGreen standards regulate the method of use, properties, performance, types of materials used in construction, alteration repair, improvement and rehabilitation of a structure or improvement to property. The provisions of the code apply to the planning, design, operation, construction, use, and occupancy of every newly constructed building or structure throughout California.

Requirements of the CALGreen Code include, but are not limited to, the following measures:
• Compliance with relevant regulations related to future installation of electric vehicle charging infrastructure in residential and non-residential structures; • Indoor water use consumption is reduced through the establishment of maximum fixture water use rates;
• Outdoor landscaping must comply with the California Department of Water Resources’ MWELO, or a local ordinance, whichever is more stringent, to reduce outdoor water use;
• Diversion of 65 percent of construction and demolition waste from landfills; and • Mandatory use of low-pollutant emitting interior finish materials such as paints, carpet, vinyl flooring, and particle board.

Building Energy Efficiency Standards
The 2019 Building Energy Efficiency Standards is a portion of the CBSC, which expands upon energy efficiency measures from the 2016 Building Energy Efficiency Standards.

The 2019 Building Energy Efficiency Standards are in effect for building permit applications submitted after January 1, 2020.
23 California Building Standards Commission. California Green Building Standards Code. Available at:
https://www.dgs.ca.gov/BSC/CALGreen. Accessed March 2022. 55 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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Energy reductions relative to previous Building Energy Efficiency Standards are achieved through various regulations, including requirements for the use of high-efficacy lighting, improved water heating system efficiency, and high-performance attics and walls. For nonresidential buildings, hotels, motels, and high-rise residential buildings, the most significant changes in compliance with the 2019 standards are in lighting design.24 Other changes in compliance include alterations to a development’s envelope, mechanical systems, and covered processes.

Construction Energy Use
Construction of the proposed project would involve on-site energy demand and consumption related to use of oil in the form of gasoline and diesel fuel for construction worker vehicle trips, hauling and materials delivery truck trips, and operation of off-road construction equipment. In addition, diesel-fueled portable generators may be necessary to provide additional electricity demands for temporary on-site lighting, welding, and for supplying energy to areas of the site where energy supply cannot be met via a hookup to the existing electricity grid. Project construction would not involve the use of natural gas appliances or equipment.

Even during the most intense period of construction, due to the different types of construction activities (e.g., site preparation, grading, building construction), only portions of the project site would be disturbed at a time, with operation of construction equipment occurring at different locations on the project site, rather than a single location. In addition, all construction equipment and operation thereof would be regulated per the CARB In-Use Off-Road Diesel Vehicle Regulation. The In-Use Off-Road Diesel Vehicle Regulation is intended to reduce emissions from in-use, off-road, heavy-duty diesel vehicles in California by imposing limits on idling, requiring all vehicles to be reported to CARB, restricting the addition of older vehicles into fleets, and requiring fleets to reduce emissions by retiring, replacing, or repowering older engines, or installing exhaust retrofits. In addition, as a means of reducing emissions, construction vehicles are required to become cleaner through the use of renewable energy resources. The In-Use Off-Road Diesel Vehicle Regulation would therefore help to improve fuel efficiency for equipment used in construction of the proposed project. Technological innovations and more stringent standards are being researched, such as multi-function equipment, hybrid equipment, or other design changes, which could help to further reduce demand on oil and limit emissions associated with construction.

The CARB prepared the 2017 Climate Change Scoping Plan Update (2017 Scoping Plan),25 which builds upon previous efforts to reduce GHG emissions and is designed to continue to shift the California economy away from dependence on fossil fuels. Appendix B of the 2017 Scoping Plan includes examples of local actions (municipal code changes, zoning changes, policy directions, and mitigation measures) that would support the State’s climate goals. The examples provided include, but are not limited to, enforcing idling time restrictions for construction vehicles, utilizing existing grid power for electric energy rather than operating temporary gasoline/diesel-powered generators, and increasing use of electric and renewable fuel-powered construction equipment. The In-Use Off-Road Diesel Vehicle Regulation and idling restriction regulations described above, with which the 24 California Energy Commission. California Energy Commission 2019 Building Energy Efficiency Standards What’s New for Nonresidential. Available at: https://www.energy.ca.gov/media/3455. Accessed March 2022. 25 California Air Resources Board. The 2017 Climate Change Scoping Plan Update. Available at:
https://ww2.arb.ca.gov/sites/default/files/classic//cc/scopingplan/2030sp_pp_final.pdf. Accessed March 2022. 56 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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proposed project must comply, would be consistent with the intention of the 2017 Scoping Plan and the recommended actions included in Appendix B of the 2017 Scoping Plan.

Based on the above, the temporary increase in energy use occurring during construction of the proposed project would not result in a significant increase in peak or base demands or require additional capacity from local or regional energy supplies. In addition, the proposed project would be required to comply with all applicable regulations related to energy conservation and fuel efficiency, which would help to reduce the temporary increase in demand.

Operational Energy Use
Following implementation of the proposed project, PG&E would provide electricity and natural gas to the project site. Energy use associated with operation of the proposed project would be typical of convenience store/gas station uses, requiring electricity and natural gas for interior and exterior building lighting, heating, ventilation, and air conditioning (HVAC), electronic equipment, machinery, appliances, security systems, and more. Maintenance activities during operations, such as landscape maintenance, would involve the use of electric- or gas-powered equipment. In addition to on-site energy use, the proposed project would result in transportation energy use associated with vehicle trips generated by employee commutes, patrons to the project site, and the movement of goods.

The proposed project would be subject to all relevant provisions of the most recent update of the CBSC, including the Building Energy Efficiency Standards. Adherence to the most recent CALGreen Code and the Building Energy Efficiency Standards would ensure that the proposed structures would consume energy efficiently. Required compliance with the CBSC would ensure that the building energy use associated with the proposed project would not be wasteful, inefficient, or unnecessary. In addition, electricity supplied to the project by PG&E would comply with the State’s Renewables Portfolio Standard, which requires investor-owned utilities, electric service providers, and community choice aggregators to increase procurement from eligible renewable energy resources to 33 percent of total procurement by 2020 and to 60 percent by 2030. Thus, a portion of the energy consumed during project operations would originate from renewable sources.

With regard to transportation energy use, the proposed project would comply with all applicable regulations associated with vehicle efficiency and fuel economy.

Conclusion
Based on the above, construction and operation of the proposed project would not result in wasteful, inefficient, or unnecessary consumption of energy resources or conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Thus, a lessthan-significant impact would occur. 57 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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VII. GEOLOGY AND SOILS.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death
involving:
i. Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area based on other substantial evidence of a
known fault? Refer to Division of Mines and
Geology Special Publication 42.
   
ii. Strong seismic ground shaking?    
iii. Seismic-related ground failure, including
liquefaction?    
iv. Landslides?    
b. Result in substantial soil erosion or the loss of topsoil?     c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
   
d. Be located on expansive soil, as defined in Table 18-1B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
   
e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of
wastewater?
   
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?    
Discussion
The following discussion is based primarily on a Geotechnical Engineering Investigation prepared by Krazan & Associates Inc. for the proposed project (see Appendix C).26 ai,aii. According to the City’s General Plan EIR, Eastern Contra Costa County, like the San Francisco Bay Area as a whole, is located in a seismically active region. Major earthquakes have occurred in the vicinity of Pittsburg in the past and can be expected to occur again in the future. Seven major faults are located near the project site: the Great Valley fault, the Greenville fault, the Concord/Green Valley fault, the Mount Diablo fault, the Calaveras fault, the Hayward fault, and the West Napa fault. In addition, the San Andreas fault is located approximately 40 miles west of the site.

Although known fault systems exist within proximity to the project site, the project site is not located within the boundaries of an Earthquake Fault Zone, as designated pursuant to the Alquist-Priolo Earthquake Fault Zoning Act; therefore, fault rupture hazard is not a significant geologic hazard at the site.27 Nonetheless, due to the site’s proximity to nearby active faults, the project site could be subject to moderate to severe (design-level) earthquakes and associated seismic ground shaking. However, the proposed buildings would be properly engineered in accordance with the CBSC, which includes engineering 26 Krazan & Associates, Inc. Geotechnical Engineering Investigation Proposed Convenience Store, Gas Station, and Car Wash 1625 S. Buchanan Pittsburg, California. June 5, 2017. 27 Ibid. 58 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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standards appropriate for the seismic area in which the project site is located. Projects designed in accordance with the CBSC should be able to: 1) resist minor earthquakes without damage, 2) resist moderate earthquakes without structural damage but with some nonstructural damage, and 3) resist major earthquakes without collapse but with some structural as well as nonstructural damage. Conformance with the design standards is enforced through building plan review and approval by the City of Pittsburg Building Division prior to the issuance of building permits. Proper engineering of the proposed project would ensure that seismic-related effects would not cause substantial impacts.

Therefore, a less-than-significant impact would occur related to the potential for substantial adverse effects, including the risk of loss, injury, or death, involving seismic rupture of a known earthquake fault or strong seismic ground shaking. aiii, aiv. The potential effects resulting from implementation of the proposed project related to liquefaction and landslides are discussed in detail below.

Liquefaction
Soil liquefaction results from loss of strength during cyclic loading, such as that which is imposed by earthquake ground shaking. Soils most susceptible to liquefaction are clean, loose, saturated, uniformly graded, and fine-grained sediment. According to the Geotechnical Engineering Investigation prepared for the proposed project, due to the relative density of the granular soils encountered at the site, the moderate penetration resistance measured, as well as the anticipated low to moderate seismicity of the area, the potential for liquefaction at the site is low.28 Thus, the proposed project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death associated with seismic-related ground failure, including liquefaction.

Landslide
Seismically-induced landslides are triggered by earthquake ground shaking. The risk of landslide hazard is greatest in areas with steep, unstable slopes. The project site does not contain, and is not located adjacent to, any such slopes. Thus, the proposed project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides.

Conclusion
Based on the above, the proposed project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismicrelated ground failure, including liquefaction or landslides. Therefore, a less-thansignificant impact would occur. b. Issues related to erosion are discussed in Section X, Hydrology and Water Quality, of this IS/MND. As noted therein, the proposed project would not result in substantial soil erosion or the loss of topsoil. Thus, a less-than-significant impact would occur. c,d. Effects related to liquefaction and landslides are discussed in question ‘aiii, aiv,’ above.

Therefore, the following discussion focuses on the potential effects resulting from implementation of the proposed project related to lateral spreading, subsidence/settlement, and expansive soils.
28 Krazan & Associates, Inc. Geotechnical Engineering Investigation Proposed Convenience Store, Gas Station, and Car Wash 1625 S. Buchanan Pittsburg, California. June 5, 2017. 59 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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Lateral Spreading
Lateral spreading is horizontal/lateral ground movement of relatively flat-lying soil deposits towards a free face such as an excavation, channel, or open body of water; typically, lateral spreading is associated with liquefaction of one or more subsurface layers near the bottom of the exposed slope. The amount of movement depends on the soil strength, duration and intensity of seismic shaking, topography, and free face geometry. Given that the project site does not contain any free faces, and liquefaction is not expected to occur on-site, lateral spreading would not pose a risk to the proposed development.

Subsidence and Expansive Soils
When subsurface earth materials move, the movement can cause the gradual settling or sudden sinking of ground. The phenomenon of settling or sinking ground is referred to as subsidence, or settlement. Expansive soils are soils which undergo significant volume change with changes in moisture content. Specifically, such soils shrink and harden when dried and expand and soften when wetted, potentially resulting in damage to building foundations.

As part of the Geotechnical Engineering Investigation prepared for the proposed project, on-site subsurface soil conditions were explored by drilling five borings to depths ranging from approximately 10 to 50 feet below existing site grade, using a truck-mounted drill rig.

Laboratory tests were performed on selected soil samples to evaluate the physical characteristics and engineering properties of the on-site soils.

According to the Geotechnical Engineering Investigation, the on-site surface soils in areas not currently covered by existing pavement consisted of approximately six to 12 inches of very loose gravelly silty sand or soft sandy clay, which, when disturbed, have low strength characteristics, and are highly compressible when saturated. Beneath the loose surface soils and pavement, approximately three to eight feet of fill material was encountered onsite. According to the laboratory testing, the fill material had varying strength characteristics ranging from loosely placed to compacted. In addition, soils beneath the fill material consisted of approximately three to four feet of very stiff to hard sandy clay, which were determined to be moderately strong, slightly compressible and have a high shrink/swell potential.29
Due to the potential for settlement to occur within the surface soils, the Geotechnical Engineering Investigation concluded that the surface soils within the project site would not be suitable for support of structures or pavement. As such, the report concluded that that the surface soils be recompacted prior to development of the proposed project. In addition, the Geotechnical Engineering Investigation concluded that the on-site clayey soils appear to have a high shrink/swell potential. Therefore, the report recommended that the on-site fill soils be excavated and stockpiled so that the native soils can be properly prepared, and that slab-on-grade and exterior flatwork areas be supported by at least 30 inches of non-expansive Engineered Fill. Thus, without proper implementation of the recommendations included in the Geotechnical Engineering Investigation a potential exists for subsidence and expansive soils to pose a risk to the proposed development. 29 Krazan & Associates, Inc. Geotechnical Engineering Investigation Proposed Convenience Store, Gas Station, and Car Wash 1625 S. Buchanan Pittsburg, California. June 5, 2017. 60 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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Conclusion
Based on the above, the proposed project would not result in potential hazards or risks related to liquefaction, landslides, or lateral spreading. However, the potential exists for subsidence and expansive soils to pose a risk to the proposed development. Therefore, the proposed project could create substantial direct or indirect risks to life or property and a potentially significant impact could occur.

Mitigation Measure(s)
Implementation of the following mitigation measure would reduce the above potential impact to a less-than-significant level.

VII-1. Prior to approval of any improvement plans, all engineering recommendations provided in the site-specific Geotechnical Engineering Report Investigation prepared for the proposed project by Krazan & Associates, Inc. shall be incorporated into project improvement plans, prepared by a licensed civil engineer. The recommendations shall include, but not necessarily be limited to, slabs on grade supported by a uniform layer of imported non-expansive engineered fill, applicable compaction of near surface soils, applicable stabilization of the bottom of excavations, and site demolition activities, which shall include removal of all surface obstructions not intended to be incorporated into final site design. The site demolition activities shall also specify that undocumented fill, and/or utility lines encountered during demolition and construction shall be properly removed and the resulting excavations backfilled with imported nonexpansive engineered fill. Compliance with all recommendations specified in the Geotechnical Engineering Investigation shall be verified by a licensed geotechnical engineer; and proof of compliance shall be provided to the City Engineer for review and approval.
e. Sewer service for the proposed project would be provided by construction of a new sewer main which would connect to an existing sewer line within Buchanan Road, and wastewater would be directed to the Delta Diablo wastewater treatment plant. The construction or operation of septic tanks or other alternative wastewater disposal systems is not included as part of the project. Therefore, no impact regarding the capability of soil to adequately support the use of septic tanks or alternative wastewater disposal systems would occur.
f. While archaeological resources have been discovered the City of Pittsburg, the General Plan does not consider the City to be a potential site for paleontological resources.

Nonetheless, unknown paleontological resources have the potential to be discovered during grading, paving, and construction of the proposed project.

As noted in the City’s General Plan, the City is underlain by alluvium, which consists mainly of unconsolidated gravel, sand, silt, and clay deposits. Such soil types are not considered unique geologic features and are common within the geographic area of the City.

Furthermore, the City’s General Plan does not note the existence of any unique geologic features within the City. Consequently, implementation of the proposed project would not be anticipated to have the potential to result in direct or indirect destruction of unique geologic features.
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Although the proposed project would not have the potential to result in the destruction of unique geologic features, paleontological resources could exist within the project site.

Should previously unknown paleontological resources exist within the project site, grounddisturbing activity, such as grading, trenching or excavating, associated with implementation of the proposed project would have the potential to disturb or destroy such features. Consequently, the proposed project could result in the direct or indirect destruction of a unique paleontological resource and a potentially significant impact could occur.

Mitigation Measure(s)
Implementation of the following mitigation measure would reduce the above potential impact to a less-than-significant level.

VII-4. Implement Mitigation Measure V-I.
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VIII. GREENHOUSE GAS EMISSIONS.

Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
   
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gasses?
   
Discussion
a,b. Emissions of GHGs contributing to global climate change are attributable in large part to human activities associated with the industrial/manufacturing, utility, transportation, residential, and agricultural sectors. Therefore, the cumulative global emissions of GHGs contributing to global climate change can be attributed to every nation, region, and city, and virtually every individual on earth. An individual project’s GHG emissions are at a micro-scale level relative to global emissions and effects to global climate change; however, an individual project could result in a cumulatively considerable incremental contribution to a significant cumulative macro-scale impact. As such, impacts related to emissions of GHG are inherently considered cumulative impacts.

Implementation of the proposed project would cumulatively contribute to increases of GHG emissions. Estimated GHG emissions attributable to operations under the proposed Use Permit would be primarily associated with increases of carbon dioxide (CO2) and, to a lesser extent, other GHG pollutants, such as methane (CH4) and nitrous oxide (N2O).

Potential sources of GHG emissions related to the proposed project would include changes to the amount of natural gas combusted within the project site, mobile sources or vehicles, and electricity usage. The common unit of measurement for GHG is expressed in terms of annual metric tons of CO2 equivalents (MTCO2e/yr).

The BAAQMD developed a threshold of significance for project-level GHG emissions in 2009. The BAAQMD’s approach to developing the threshold was to identify a threshold level of GHG emissions for which a project would not be expected to substantially conflict with existing California legislation. At the time that the thresholds were developed, the foremost legislation regarding GHG emissions was AB 32, which established an emissions reductions goal of reducing statewide emissions to 1990 levels by 2020.30 The GHG emissions threshold of significance recommended by BAAQMD to determine compliance with AB 32 is 1,100 MTCO2e/yr. If a project generates GHG emissions above the BAAQMD’s adopted threshold level, the project is considered to generate significant GHG emissions and conflict with AB 32.

It should be noted that the foregoing threshold is intended for use in assessing operational GHG emissions only. Construction of a proposed project would result in GHG emissions over a short-period of time in comparison to the operational lifetime of the project. To capture the construction-related GHG emissions due to buildout of the proposed project, such emissions are amortized over the operational lifetime of the project and added to the operational GHG emissions. Given that construction-related GHG emissions would not occur concurrently with operational emissions and would cease upon completion of 30 Bay Area Air Quality Management District. California Environmental Quality Act Guidelines Update: Proposed Thresholds of Significance. December 7, 2009.
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construction activities, combining the two emissions sources represents a conservative estimate of total project GHG emissions.

Since the adoption of BAAQMD’s GHG thresholds of significance, the State legislature has passed Senate Bill (SB) 32, which builds upon AB 32 and establishes a statewide GHG reduction target of 40 percent below 1990 levels by 2030. Considering the legislative progress that has occurred regarding statewide reduction goals since the adoption of BAAQMD’s standards, the emissions thresholds presented above would determine whether a proposed project would be in compliance with the 2020 emissions reductions goals of AB 32, but would not necessarily demonstrate whether a project would be in compliance with SB 32. In accordance with the changing legislative environment, the BAAQMD has begun the process of updating their CEQA Guidelines; however, updated GHG thresholds of significance have not yet been adopted. In the absence of BAAQMDadopted thresholds to assess a project’s compliance with SB 32, the City has chosen to consider additional GHG emissions thresholds.

The BAAQMD has determined that projects with operational emissions equal to or less than 1,100 MTCO2e/year would comply with the emission reductions target of 1990 levels by 2020 set forth by AB 32. SB 32 requires that by 2030 statewide emissions be reduced by 40 percent beyond the 2020 reduction target set by AB 32; therefore, in the absence of specific guidance from BAAQMD or the CARB, the City assumes that in order to meet the reduction targets of SB 32, a proposed project would be required to reduce emissions by the year 2030 by an additional 40 percent beyond the emissions reductions currently required by BAAQMD for compliance with AB 32. Assuming a 40 percent reduction from current BAAQMD targets would be in compliance with SB 32, a proposed project would be in compliance with SB 32 if the project’s emissions in 2030 did not exceed 660 MTCO2e/year.

In addition to the quantitative thresholds described above, the City has also determined that a qualitative analysis assessing the project’s compliance with the CARB’s California’s 2017 Climate Change Scoping Plan (2017 Scoping Plan) is warranted. The CARB’s 2017 Scoping Plan establishes a strategy to meet California’s 2030 GHG targets; accordingly, should the project be shown to comply with the 2017 Scoping Plan, the proposed project would be considered consistent with Statewide reduction targets for the year 2030. Based on recommendations from BAAQMD, a project’s compliance with the local actions contained in Appendix B of the 2017 Scoping Plan may be used to assess a project’s compliance with the 2017 Scoping Plan and, thus, consistency with SB 32.31Furthermore, the proposed project has been assessed for consistency with the goals of the Plan Bay Area 2040, which acts as an applicable local plan adopted for the purpose of reducing the emissions of GHG.

By using the BAAQMD thresholds of significance for GHG, the updated SB 32 thresholds discussed above, and evaluating the project’s consistency with applicable plans, the City would comply with Section 15064.4(b)(3) of the CEQA Guidelines, which suggests that lead agencies consider the extent that the project would comply with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction of GHG emissions.
31 Flores, Areana, Bay Area Air Quality Management District. Personal communication [phone], Jacob Byrne, Senior Associate/Air Quality Technician, Raney Planning & Management. September 17, 2019. 64 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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Consistency with 2017 Scoping Plan
Appendix B to the CARB’s 2017 Scoping Plan provides examples of potentially feasible mitigation measures that could be considered to assess a project’s compliance with the State’s 2030 GHG emissions reductions goals. The project’s consistency with the applicable Local Actions within the 2017 Scoping Plan is assessed in Table 5 below.

Table 5
Project Consistency with the 2017 Scoping Plan
Suggested Measure Consistency Discussion
Construction
Enforce idling time restrictions for
construction vehicles.

As required by CARB standards, idling times for on-road and off-road construction vehicles associated with the
proposed project would be limited to five minutes or less.

Thus, the proposed project would comply with the
suggested measure.

Require construction vehicles to
operate with the highest tier engines
commercially available.

The project applicant has not committed to using
construction equipment that complies with the highest
tier engines commercially available. However,
construction emissions would be below the BAAQMD’s
thresholds.

Divert and recycle construction and
demolition waste, and use locallysourced building materials with a high recycled material content to the
greatest extent feasible.

The CALGreen Code requires the diversion of
construction and demolition waste, and the proposed
project would be required to comply with the
requirements within the most up-to-date CALGreen
Code. Thus, the project would be considered to comply
with the suggested measure.

Minimize tree removal, and mitigate
indirect GHG emissions increases
that occur due to vegetation removal,
loss of sequestration, and soil
disturbance.

As part of the site preparation, 17 of the existing 20 onsite trees would be removed. However, as part of the landscaping plan, approximately 62 new trees, as well
as several shrubs and other plants are proposed to be
planted. Therefore, project landscaping would result in an increase in approximately 42 trees on-site compared
to the existing site conditions, and the project would
comply with the suggested measure.

Utilize existing grid power for electric
energy rather than operating
temporary gasoline/diesel powered
generators.

The contractor would use existing grid electricity to the extent feasible. However, the possibility exists that
temporary generators will be used for electricity in
instances where grid electricity is not accessible.

Overall, the project would be considered to generally
comply with the suggested measure.

Increase use of electric and
renewable fuel powered construction
equipment and require renewable
diesel fuel where commercially
available.

The project applicant has not committed to the use of
alternatively fueled construction equipment.

Furthermore, the commercial availability of renewable
diesel in the project area is currently unknown.

Consequently, at this time, the project would not comply with this suggested measure.

Require diesel equipment fleets to be
lower emitting than any current
emission standard.

The project applicant has not committed to reducing
emissions from the construction fleet beyond any
current emissions standards. However, construction
emissions would be below the BAAQMD’s thresholds.

Operations
Comply with lead agency’s standards
for mitigating transportation impacts
under SB 743.

The proposed project would involve the construction of
a convenience market and gas station in close proximity to single-family residences. As such, the project offers 65 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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Table 5
Project Consistency with the 2017 Scoping Plan
Suggested Measure Consistency Discussion
an option for such services within the vicinity of existing single-family residences, and could result in an overall decrease in VMT. Thus, the project is considered to
comply with the suggested measure.

Require on-site EV charging
capabilities for parking spaces
serving the project to meet
jurisdiction-wide EV proliferation
goals.

Per the 2019 CALGreen Code, the project is required to
provide the infrastructure necessary to facilitate
installation of EV charging systems in six percent of total on-site parking spaces. Compliance with the 2019
CALGreen Code would ensure that the proposed project
provides sufficient EV charging infrastructure to comply with this suggested measure.

Dedicate on-site parking for shared
vehicles.

The proposed project would include dedicated parking
for shared vehicles, as shown on the project site plan.

As such, the project would comply with this measure.

Provide adequate, safe, convenient,
and secure on-site bicycle parking
and storage in multi-family residential
projects and in non-residential
projects.

According to Section 18.78.045 of the Pittsburg
Municipal Code, the proposed project would be required
to provide six on-site bicycle parking spaces. However, it should be noted that considering the project would
include a gas station and car wash, it is anticipated that the majority of future customers of the proposed project would access the site by motor vehicle. Nonetheless,
the proposed project would comply with this measure.

Provide on- and off-site safety
improvements for bike, pedestrian,
and transit connections, and/or
implement relevant improvements
identified in an applicable bicycle
and/or pedestrian master plan.

Pedestrian access to the project site would be provided by existing sidewalks on Buchanan Road, Loveridge
Road, Ventura Drive and Meadows Avenue. The project
would maintain all existing sidewalks, and would not
conflict with any applicable transportation master plans.

In addition, bicycle lanes currently exist along both sides of Buchanan Road, and the project site is located within 500 feet of two existing bus stops. Consequently, the
project would comply with the suggested measure.

Require on-site renewable energy
generation.

The proposed project would include on-site renewable
energy systems (i.e., rooftop solar panels) sufficient to generate 10,000 kWh of electricity. Consequently, the
project would comply with the suggested measure.

Prohibit wood-burning fireplaces in
new development, and require
replacement of wood-burning
fireplaces for renovations over a
certain size development.

The proposed project would not include wood-burning
fireplaces. Thus, the proposed project would comply
with the suggested measure.

Require cool roofs and “cool parking”
that promotes cool surface treatment
for new parking facilities as well as
existing surface lots undergoing
resurfacing.

The 2019 Building Energy Efficiency Standards contain
requirements for the thermal emittance, three-year aged reflectance, and Solar Reflectance Index (SRI) of
roofing materials used in new construction and reroofing projects. Such standards, with which the project would be required to comply, would help to reduce
heating and cooling costs associated with the proposed
project. Therefore, the proposed project would generally comply with the suggested measure.

Require solar-ready roofs. As noted above, the proposed project would include the installation of rooftop solar panels. Consequently, the project would comply with the suggested measure.
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Table 5
Project Consistency with the 2017 Scoping Plan
Suggested Measure Consistency Discussion
Require organic collection in new
developments.

California state legislature AB 1826 requires commercial and multi-family customers to subscribe to organics
recycling. Therefore, the proposed commercial
development would be required to include organic
collection, and organic composting is mandatory for all businesses and institutions with four or more cubic yards of garbage service. In addition, the disposal of solid
waste, including food waste, is regulated under Chapter

8.048, Rubbish Removal and Disposal, of the City’s
Municipal Code. Thus, the proposed project would
include organic collection and the project would comply with the suggested measure.

Require low-water landscaping in
new developments (see CALGreen
Divisions 4.3 and 5.3 and the Model
Water Efficient Landscape Ordinance
[MWELO], which is referenced in
CALGreen). Require water efficient
landscape maintenance to conserve
water and reduce landscape waste.

Project landscaping has been designed to integrate low
and moderate water use plants to the maximum extent
feasible. Landscaping within the project site would be
required to comply with the CALGreen Code and all
water efficiency measures therein, including the
MWELO or any similar regulations adopted by the City
of Pittsburg. Accordingly, the proposed project would
comply with this measure.

Achieve Zero Net Energy
performance building standards prior
to dates required by the Energy
Code.

The project applicant has not committed to achieving
Zero Net Energy. However, the project would include
electricity generation through the proposed rooftop solar panels. In addition, it should be noted that the CBSC
does not require new commercial development to
achieve Zero Net Energy at this time.

Encourage new construction,
including municipal building
construction, to achieve third-party
green building certifications, such as
the GreenPoint Rated program,
LEED rating system, or Living
Building Challenge.

The project applicant has not committed to achieving
third-party green building certification. However, the
project would comply with all applicable standards
included in the 2019 CALGreen Code.

Require the design of bike lanes to
connect to the regional bicycle
network.

Class II bike lanes exist along on Buchanan Road,
Loveridge Road and on portions of Somersville Road.

According to the Traffic Impact Analysis Report
prepared for the proposed project, existing bicycle
facilities provide adequate connectivity between the
project site and the adjacent neighborhoods. The project would not include any new bicycle lanes on-site, as onsite vehicle circulation would be limited primarily to parking and vehicle fueling areas. Given that the project would not conflict with existing or planned bicycle
facilities, the project would comply with the suggested measure.

Expand urban forestry and green
infrastructure in new land
development.

Project landscaping would result in an increase in the
total number of trees on-site, compared to the existing site conditions, Therefore, the project would expand
urban forestry and comply with the suggested measure.

Require preferential parking spaces
for park and ride to incentivize
carpooling, vanpooling, commuter
Per the 2019 CALGreen Code, the project would include
provision of the infrastructure necessary to facilitate installation of EV charging systems in six percent of total 67 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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Table 5
Project Consistency with the 2017 Scoping Plan
Suggested Measure Consistency Discussion
bus, electric vehicles, and rail service
use.
on-site parking spaces. The project applicant has not
committed to the provision of any dedicated vanpool or
carpool spaces. However, it should be noted that
carpool spaces are typically more effective for high
employment-generating uses, such as office
complexes, and are not necessarily appropriate for
local-serving commercial developments such as the
proposed project. Overall, the project would partially
comply with the suggested measure.

Require the installation of energy
conserving appliances such as ondemand tank-less water heaters and whole-house fans.

The proposed project would be required to comply with
the 2019 Building Energy Efficiency Standards, a
component of the CBSC, which includes standards
related to installation of energy-efficient appliances.

Thus, the project would generally comply with the
suggested measure.

Require each residential and
commercial building equip buildings
[sic] with energy efficient AC units
and heating systems with
programmable thermostats/timers.

The proposed project would be required to comply with
the 2019 Building Energy Efficiency Standards, a
component of the CBSC, which includes standards
related to energy-efficient heating and cooling systems.

Thus, the project would generally comply with the
suggested measure.

Require large-scale residential
developments and commercial
buildings to report energy use, and
set specific targets for per-capita
energy use.

The proposed project would not be considered a largescale commercial building. As such, this measure is not applicable to the proposed project.

Require each residential and
commercial building to utilize low flow
water fixtures such as low flow toilets
and faucets (see CALGreen Divisions

4.3 and 5.3 as well as Appendices
A4.3 and A5.3).

The proposed project would be required to comply with
the non-residential water efficiency regulations within the CALGreen Code. Thus, the proposed project would
comply with the suggested measure.

Require the use of energy-efficient
lighting for all street, parking, and
area lighting.

All proposed exterior lighting would be LED type,
consistent with the 2019 Building Energy Efficiency
Standards. Thus, the proposed project would comply
with the suggested measure.

Require the landscaping design for
parking lots to utilize tree cover and
compost/mulch.

The project would be required to comply with the
landscaping development standards set forth in Section

18.52.115 of the City’s Municipal Code. The preliminary landscaping plans include tree planting throughout the
proposed parking areas, and note that all landscaped
areas would include a three-inch layer of bark. Thus, the proposed project would comply with the suggested
measure.

Incorporate water retention in the
design of parking lots and
landscaping, including using
compost/mulch.

The proposed project would include the use of bark
within all landscaped areas to aid in water retention. In addition, a bioretention basin is proposed in the northern portion of the project site, which would allow stormwater runoff from paved areas to infiltrate underlying soils.

Thus, the proposed project would comply with the
suggested measure.
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Table 5
Project Consistency with the 2017 Scoping Plan
Suggested Measure Consistency Discussion
Require the development project to
propose an off-site mitigation project
which should generate carbon credits
equivalent to the anticipated GHG
emission reductions. This would be
implemented via an approved
protocol for carbon credits from
California Air Pollution Control
Officers Association (CAPCOA), the
California Air Resources Board, or
other similar entities determined
acceptable by the local air district.

The project may alternatively
purchase carbon credits from the
CAPCOA GHG Reduction Exchange
Program, American Carbon Registry
(ACR), Climate Action Reserve
(CAR) or other similar carbon credit
registry determined to be acceptable
by the local air district.

The suggested mitigation measures included in the
2017 Scoping Plan are not considered to be
requirements for local projects under CEQA, but instead represent options for projects to demonstrate
compliance with the 2017 Scoping Plan. The inclusion
of GHG off-set mitigation projects or the purchase of
carbon credits is typically dependent on a project’s
exceedance of previously identified quantitative GHG
thresholds. Considering that the project is not expected to exceed BAAQMD’s GHG emissions threshold, the
project would not be required to purchase GHG
reduction credits. As such, the suggested measure is
not applicable to the proposed project.

Source:California Air Resources Board. AB 32 Scoping Plan [Appendix B]. Accessible at:
https://www.arb.ca.gov/cc/scopingplan/scopingplan.htm. Accessed August 2020.

As shown in Table 5, the proposed project would generally comply with the majority of the suggested measures. Because the 2017 Scoping Plan is the CARB’s strategy for meeting the State’s 2030 emissions goals established by SB 32, the project would be considered to comply with SB 32.

Consistency with Plan Bay Area 2050
The San Francisco Bay Area’s Plan Bay Area 2050 has been prepared jointly by the San Francisco Bay Area MTC and the ABAG. Plan Bay Area 2050 is a long-range regional plan intended to provide a strategy for the reduction of GHG emissions and air pollutants within the San Francisco Bay Area. The Plan Bay Area 2050 serves as a Regional Transportation Plan and Sustainable Communities Strategy (SCS). As an SCS, the Plan Bay Area 2050 is required to comply with regional targets for reducing GHG emissions through the integration of transportation and land use planning. ABAG has not provided a specified means of identifying an individual development project’s compliance with the Plan Bay Area 2050. However, for the purposes of this analysis, the conformance of the proposed project with the overall goal of the Plan Bay Area 2050 to reduce regional GHG emissions is generally considered.

By providing access to a GDF and a car wash in close proximity to existing residences, the project would shorten the drive distances currently needed for local residents to have access to fuel. As such, as discussed further in Section XVII, Transportation, of this IS/MND, implementation of the proposed project would reduce local vehicle miles traveled (VMT) 32 and thereby reduce mobile-sourced GHG emissions associated with the project. 32 Governor’s Office of Planning and Research. Technical Advisory on Evaluating Transportation Impacts in CEQA.

December 2018.
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Based on the above, the proposed project would not conflict with the Plan Bay Area 2050.

GHG Emissions Thresholds
Construction GHG emissions are a one-time release and are, therefore, not typically expected to generate a significant contribution to global climate change. Neither the City nor BAAQMD has an adopted threshold of significance for construction-related GHG emissions and does not require quantification. Nonetheless, the proposed project’s construction GHG emissions have been estimated.

The proposed project’s construction-related and operational GHG emission estimations were conducted using CalEEMod and the same assumptions discussed in the Air Quality section, above, and are included in Appendix A. The emissions estimates prepared for the proposed project determined that unmitigated project construction would result in total GHG emissions of 372.18 MTCO2e over the course of approximately two years. In the analyses below, the construction GHG emissions are amortized over the anticipated 30- year lifetime of the proposed project.33
Compliance with AB 32
As shown in Table 6, the project’s total unmitigated annual GHG emissions in the first year of project operation, 2024, including amortized construction-related emissions, were estimated to be approximately 283.41 MTCO2e/yr, which would be below BAAQMD’s 1,100 MTCO2e/yr threshold of significance for GHG emissions. Thus, the proposed project would not conflict with the emissions reduction targets of AB 32.

Table 6
Unmitigated Annual Project GHG Emissions (2024)
Source Annual GHG Emissions (MTCO2e/yr)
Operational GHG Emissions: 271.00
Area 0.0006
Energy 11.31
Mobile 259.62
Waste 0.00
Water 0.17
Amortized Construction GHG Emissions: 12.41
Project Total Annual GHG Emissions 283.41
BAAQMD AB 32 Threshold 1,100
Source: CalEEMod, March 2022.

Compliance with SB 32
As shown in Table 7, the project’s total unmitigated annual GHG emissions in the year 2030, including amortized construction-related emissions, were estimated to be approximately 252.86 MTCO2e/year. Thus, implementation of the proposed would result in emissions well below the 660 MTCO2e/year threshold used for this analysis for GHG emissions in the year 2030. Thus, the proposed project would not conflict with the emissions reduction targets of SB 32.
33 South Coast Air Quality Management District. 2008. Draft Guidance Document – Interim CEQA Greenhouse Gas (GHG) Significance Threshold. Available at: http://www.aqmd.gov/docs/defaultsource/ceqa/handbook/greenhouse-gases-(ghg)-ceqa-significance-thresholds/ghgattachmente.pdf. Accessed October 2020.
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Table 7
Unmitigated Annual Project GHG Emissions (2030)
Source Annual GHG Emissions (MTCO2e/yr)
Operational GHG Emissions: 240.45
Area 0.0006
Energy 11.31
Mobile 228.97
Waste 0.00
Water 0.17
Construction-Related GHG Emissions: 12.41
Project Total Annual GHG Emissions 252.86
SB 32 Threshold 660
Source: CalEEMod, March 2022.

Conclusion
Considering that the project’s GHG emissions would be below BAAQMD’s quantitative thresholds and the updated SB 32 thresholds discussed above, and the project would be generally consistent with the measures within the 2017 Scoping Plan and would not conflict with the Plan Bay Area 2040, the proposed project would not interfere with or impede the City’s efforts to reduce GHG emissions. Therefore, impacts would be considered less than significant.
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IX. HAZARDS AND HAZARDOUS
MATERIALS.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
   
b. Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the likely release of
hazardous materials into the environment?
   
c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
   
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
   
e. 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, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
   
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
   
g. Expose people or structures, either directly or indirectly, to the risk of loss, injury or death involving wildland fires?     Discussion
a. Projects that involve the routine transport, use, or disposal of hazardous materials are typically industrial in nature, whereas the proposed project is commercial. The proposed project’s gas station component would involve the routine transport and use of gasoline and diesel fuels through the gas station’s underground storage tanks (USTs), as well as the storage and selling of automotive fluids through the location’s convenience store.

However, fuel pump dispensers at the gas station would be required to be equipped with automatic shutoffs and other safety devices and signage as required by applicable fire, building, and health codes. In accordance with CCR, Title 23, Section 2635(b), USTs would be required to have spill containment and overfill prevention systems. In addition, all operations that include hazardous materials within the City of Pittsburg are regulated through Chapter 18.84, Article VI, of the Pittsburg Municipal Code, and are required to obtain a Use Permit from the City, as well as a permit under the Uniform Fire Code adopted by the City. To house hazardous materials, a permit is needed from Contra Costa Fire Protection District, which would review the hazardous materials release plan for the use of hazardous materials on the project site.

As the proposed project would be required to comply with all applicable local and State provisions regarding the routine transport and use of gasoline and diesel fuels on-site, impacts related to the routine transport, use, or disposal of hazardous materials would be less-than-significant.
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b. The following discussion is based primarily on a Phase I Environmental Site Assessment (ESA) prepared by Krazan & Associates, Inc. for the proposed project (Appendix D).34 The Phase I ESA includes an analysis of hazardous and toxic materials that could be used on the project site during construction activities, as well as existing hazardous materials known to be present on the site. The following potential areas of concern were identified in connection with the site.

Construction Activities
Construction and demolition activities associated with the proposed project would involve the use of heavy equipment, which would contain fuels and oils, and various other products such as concrete, paints, and adhesives. Small quantities of potentially toxic substances (e.g., petroleum and other chemicals used to operate and maintain construction equipment) would be used at the project site and transported to and from the site during construction. However, the project contractor would be required to comply with all California Health and Safety Codes and local City and County ordinances regulating the handling, storage, and transportation of hazardous and toxic materials. Compliance with such regulations would ensure that the proposed project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment during construction activities, particularly associated with construction equipment.

Existing On-Site Conditions
A review of historical records and aerial photographs indicates that the structure located in the southeastern portion of the subject site was originally constructed in 1970 and the excavated area located in the central-northern portion of the subject site was present by at least 1972, suggesting that the former bulk rock/landscape materials and nursery business was likely operating on site by 1972. In addition, the prior on-site development included the routine use of dump trucks and other equipment used for handling and transporting bulk rock/landscape materials. The following includes a discussion of potential impacts associated with the existing on-site conditions.

Underground Storage Tanks
While prior knowledge or records of USTs being located at the project site do not exist, the original development of the project site occurred prior to the creation of local environmental agencies that provide oversight for the installation and removal of USTs.

Given the nature of the previous on-site uses, the potential exists for unregistered USTs to be present in the vicinity of the on-site structures.

Existing Debris Piles
During site reconnaissance conducted for the Phase I ESA, remnants of the former onsite nursery and bulk rock/landscaping materials facility were observed in an excavated area located the north-central portion of the project site, including discarded plastic plant pots on the southern embankment and wood pallets and a portion of former bulk rock/landscape materials storage bins in the base of the depression. Additionally, apparent landscape maintenance debris, concrete utility pipe, concrete debris, wood debris, trash, and a soil mound containing concrete debris were observed in the same area of the site and/or within the vacant land located adjacent to the west and southwest 34 Krazan & Associates, Inc. Phase I Environmental Site Assessment. March 3, 2022. 73 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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of the excavation. Some of the materials/debris observed in the central portion of the subject site appeared to be consistent with demolition debris from former on-site bulk materials storage bins. However, other debris piles included indications of illegal dumping.

While hazardous materials were not observed in association with the various debris piles, the materials within the central portion of the larger debris piles were not visible. Odors, surface staining, stressed vegetation, or other obvious evidence of the presence of hazardous materials were also not observed in association with the debris/discarded materials; however, the ground surface beneath many of the debris piles was also not visible. Additionally, a significant part of the central and western portions of the project site were covered with dense vegetation approximately one to three feet in height, and the possibility exists that additional debris may be present within portions of the project site that were not visible at the time of the site reconnaissance. Consequently, the potential exists that some of the on-site debris was illegally dumped; thereby, the potential exists that hazardous materials may be present. Furthermore, while evidence of soil contamination was not observed, the possibility exists that the soil underlying the on-site debris pile may be contaminated.

It should be noted that during the site reconnaissance, a 55-gallon steel drum of unknown content was observed resting on unpaved ground in the eastern portion of the project site However, odors, surface staining, stressed vegetation or other evidence of a release of hazardous materials was not noted in association with the drum. In addition, prior to initiation of the proposed project, the current occupant of the project site stated that all of the materials associated with the currently on-site business will be removed, leaving the building and surrounding exterior storage areas empty. Therefore, the 55-gallon steel drum would be transported off-site for proper recycling/disposal by a licensed contractor prior to project initiation, and would not present a risk of release of hazardous materials.

Asbestos-Containing Materials and Lead-Based Paint
Asbestos is the name for a group of naturally occurring silicate minerals that are considered to be “fibrous” and, through processing, can be separated into smaller and smaller fibers. The fibers are strong, durable, chemical resistant, and resistant to heat and fire. They are also long, thin, and flexible, such that they can be woven into cloth. Because of the above qualities, asbestos was considered an ideal product and has been used in thousands of consumer, industrial, maritime, automotive, scientific, and building products.

However, later discoveries found that, when inhaled, the material caused serious illness.

For buildings constructed prior to 1980, the Code of Federal Regulations (29 CFR 1926.1101) states that all thermal system insulation (boiler insulation, pipe lagging, and related materials) and surface materials must be designated as “presumed asbestoscontaining material” unless proven otherwise through sampling in accordance with the standards of the Asbestos Hazard Emergency Response Act. According to the Phase I ESA, the on-site buildings were constructed in 1970. Therefore, the potential exists that asbestos-containing materials were used in the construction of the on-site structures.

Lead-based paint (LBP) is defined by federal guidelines as any paint, varnish, stain, or other applied coating that has one milligram of lead per square centimeter or greater. Lead is a highly toxic material that may cause a range of serious illnesses, and in some cases death. Structures built prior to 1978 are expected to contain LBP. As previously mentioned, the existing structures on the property were constructed in 1970. Therefore, the potential exists that LBPs are present in the on-site structures. 74 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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Based on the age of the existing on-site buildings, asbestos-containing materials and LBP are presumed to be present. Thus, without implementation of the appropriate safety measures, the proposed project could potentially expose construction workers to LBP and asbestos-containing materials during demolition activities.

Conclusion
Based on the above, evidence of recognized environmental conditions (RECs), controlled RECs or historical RECs was not identified in connection with the project site. However, development of the proposed project could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment, particularly associated with unregistered USTs, contaminated soils associated with the existing on-site debris, and/or asbestos-containing materials and LBP. Therefore, a potentially significant impact could occur.

Mitigation Measure(s)
Implementation of the following mitigation measure would reduce the above potential impact to a less-than-significant level.

IX-1. During grading and construction activities, if underground storage tanks (USTs) are encountered, the applicant shall obtain a permit from the Contra Costa County Environmental Health Department and hire a licensed contractor to properly remove the UST, subject to review and approval by the Contra Costa County Environmental Health Department. If soils suspected of being contaminated are encountered in association with the USTs, the soils shall be removed in accordance with RWQCB guidelines.

Further remediation, if necessary, and disposal of the soils shall be conducted in accordance with State and federal guidelines, subject to verification by the City of Pittsburg Community Development Department.

IX-2 If indicators of apparent soil contamination (soil staining, odors, debris fill material, etc.) are encountered at the debris pile located within the project site, the impacted area(s) should be isolated from surrounding, nonimpacted areas. The project environmental professional shall obtain samples of the potentially impacted soil for analysis of the contaminants of concern and comparison with applicable regulatory residential screening levels (i.e., Environmental Screening Levels, California Human Health Screening Levels, Regional Screening Levels, etc.). Where the soil contaminant concentrations exceed the applicable regulatory residential screening levels, the impacted soil shall be excavated and disposed of offsite at a licensed landfill facility to the satisfaction of the City of Pittsburg Community Development Department.

IX-3. Prior to issuance of a demolition permit for on-site structures, the project applicant shall consult with certified Asbestos and/or Lead Risk Assessors to complete and submit for review to the Building Department an asbestos and lead survey. If asbestos-containing materials or lead-containing materials are not discovered during the survey, further mitigation related to asbestos-containing materials or lead-containing materials shall not be required. If asbestos-containing materials and/or lead-containing materials are discovered by the survey, the project applicant shall prepare 75 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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a work plan to demonstrate how the on-site asbestos-containing materials and/or lead-containing materials shall be removed in accordance with current California Occupational Health and Safety (Cal-OSHA) Administration regulations and disposed of in accordance with all CalEPA regulations, prior to the demolition and/or removal of the on-site structures. The plan shall include the requirement that work shall be conducted by a Cal-OSHA registered asbestos and lead abatement contractor in accordance with Title 8 CCR 1529 and Title 8 CCR 1532.1 regarding asbestos and lead training, engineering controls, and certifications. The applicant shall submit the work plan to the City of Pittsburg for review and approval. The City has the right to defer the work plan to the Contra Costa County Department of Environmental Health for additional review. Materials containing more than one (1) percent asbestos that is friable are also subject to BAAQMD regulations. Removal of materials containing more than one (1) percent friable asbestos shall be completed in accordance with BAAQMD Section 11-2-303. c. The nearest school is the Stoneman Elementary School, located approximately 0.49-mile northwest of the site. Therefore, the project site is not located within a quarter mile of any existing or proposed school, and the proposed project would have no impact related to hazardous emissions or the handling of hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. d. The project site is not included in the California Department of Toxic Substances Control EnviroStor Database.35 The Envirostor Database includes information provided by the Department of Toxic Substances Control (DTSC) and included in the State’s Hazardous Waste and Substances Sites (Cortese) List, which is compiled pursuant to Government Code section 65962.5. Thus, the proposed project would not create a significant hazard to the public or the environment related to being located on a site which is included on a list of hazardous materials compiled pursuant to Government Code Section 65962.5, and no impact would occur.
e. The nearest airport to the site is the Buchanan Field airport, which is located approximately 10 miles west of the site. As such, the project site is not located within two miles of any public airports or private airstrips, and does not fall within an airport land use plan area.

Therefore, no impact related to a safety hazard for people residing or working in the project area related to such would occur.
f. The City of Pittsburg adopted the City of Pittsburg Emergency Operations Plan in December 2018. The plan provides a basis for future responses to a wide range of hazards and vulnerabilities. The plan outlines the general authority, organization, and response actions for City of Pittsburg staff when disasters occur. The project would not conflict with any of the response actions or general regulations identified in the Emergency Operations Plan. Implementation of the proposed project would not result in any substantial modifications to the existing roadway system. Additionally, the project would include lanes and drive aisles sized to accommodate emergency vehicle access to the site. Because the project would not involve physical changes that would significantly alter the existing roadway network in a manner that would interfere with circulation, the proposed project 35 California Department of Toxic Substances Control. Hazardous Waste and Substances Site List. Available at:
https://www.envirostor.dtsc.ca.gov/public/ Accessed March 2022. 76 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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would not be anticipated to interfere with any emergency response or evacuation plan.

Therefore, a less-than-significant impact would occur.
g. According to the CAL FIRE Fire and Resource Assessment Program, the project site is not located within or near a State Responsibility Area or lands classified as a Very High Fire Hazard Severity Zone (VHFHSZ).36 In addition, the site is generally surrounded by existing development. The developed nature of the area surrounding the project site precludes the spread of wildfire to the site. Furthermore, while not located in an area of high wildfire risk, the proposed development on the project site would be required to include adequate fire protection features, such as fire alarms/smoke detectors, as required by State law. Therefore, the proposed project would not expose people or structures to the risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands, and a less-than-significant impact would occur.
36 California Department of Forestry and Fire Protection. FHSZ Viewer. Available at: https://egis.fire.ca.gov/FHSZ/.

Accessed March 2022.
77 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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X. HYDROLOGY AND WATER
QUALITY.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
   
b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the
project may impede sustainable groundwater
management of the basin?
   
c. 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 offsite;
   
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?    
d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?    
e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management
plan?
   
Discussion
a, The following discussion provides a summary of the proposed project’s potential to violate ci-ciii. water quality standards/waste discharge requirement, alter the drainage pattern of the site resulting in erosion or siltation, increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems, or otherwise degrade water quality during construction and operation.

Construction
During the early stages of construction, topsoil would be exposed due to grading and excavation of the site. After grading and prior to overlaying the ground surface with impervious surfaces and structures, the potential exists for wind and water erosion to discharge sediment and/or urban pollutants into stormwater runoff, which could adversely affect water quality downstream.

The State Water Resources Control Board (SWRCB) regulates stormwater discharges associated with construction activities where clearing, grading, or excavation results in land disturbance of one or more acres. The City’s National Pollutant Discharge Elimination System (NPDES) permit requires applicants to show proof of coverage under the State’s General Construction Permit prior to receipt of any construction permits. The State’s General Construction Permit requires a Storm Water Pollution Prevention Plan (SWPPP) to be prepared for the site. A SWPPP describes Best Management Practices (BMPs) to control or minimize pollutants from entering stormwater and must address both 78 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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grading/erosion impacts and non-point source pollution impacts of the development project. According to the Preliminary Stormwater Control Plan prepared for the proposed project by dk Consulting, the proposed project would disturb approximately 2.71 acres.37 Therefore, because the proposed project would disturb greater than one acre of land, the proposed project would be subject to the requirements of the State’s General Construction Permit. Furthermore, pursuant to Section 15.88.050 of the City’s Municipal Code, the proposed project would be required to submit an erosion and sediment control plan with submittal of the grading permit application. The plan would include erosion and sediment control measures that would be implemented during grading and would be approved by the City Engineer. While implementation of the required SWPPP and BMPs included therein, as well as the submittal of an erosion and sediment control plan, would ensure that the proposed project would not result in a violation of water quality standards and/or degradation of water quality, the aforementioned documents have not yet been prepared as part of the proposed project. Therefore, without preparation of the required documentation, the proposed project could result in a violation of water quality standards and/or degradation of water quality.

Operation
Following completion of project buildout, the areas of the site that were disturbed during construction would be largely covered with impervious surfaces and topsoil would no longer be exposed. As such, the potential for impacts to water quality due to topsoil erosion and siltation would be reduced. However, impervious surfaces on the project site could contribute incrementally to the degradation of downstream water quality through the release of pollutants during storm events. Typical urban pollutants that would likely be associated with the proposed project include sediment, pesticides, oil and grease, metals, and trash.

The City of Pittsburg has adopted the County C.3 Stormwater Standards, which require new development and redevelopment projects that create or alter 10,000 sq. ft. or more of impervious area to contain and treat all stormwater runoff from the project site.

According to the Preliminary Stormwater Control Plan prepared for the proposed project, a total of 43,516 sq. ft. of impervious surfaces would be developed on-site as a result of the proposed project. Thus, the project would be subject to the requirements of the SWRCB and the Regional Water Quality Control Board (RWQCB), including the C.3 Standards, which are included in the City’s NPDES General Permit. In addition, the proposed project would adhere to Chapter 13.28 of the Municipal Code, which establishes standards for stormwater management and discharge.38 Prior to issuance of a building permit, the applicant would be required to submit a stormwater control plan that meets the criteria in the most recent version of the Contra Costa Clean Water Program Section C.3 Guidebook. The stormwater control plan would ensure that impacts to water quality standards or waste discharge requirements would not occur during operation of the proposed project. However, a final stormwater control plan has not yet been prepared as part of the proposed project. Therefore, without preparation of the required documentation, the proposed project could result in a violation of water quality standards and/or degradation of water quality.

As shown in the Preliminary Stormwater Control Plan, the proposed project would divide the project site into 21 drainage management areas (DMAs) that would convey stormwater 37 dk Consulting. Preliminary Stormwater Control Plan for C-Store/Gas Station Car Wash Pittsburg, California.

December 20, 2018. 38 City of Pittsburg. Pittsburg Municipal Code [Section 13.28.050]. January 22, 2019. 79 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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runoff from the project site into two new bioretention facilities, which would be centrally located north of the proposed parking lot (see Figure 4). The bioretention facilities would be designed in accordance with the County C.3 Stormwater Standards, and would include, but not be limited to, design characteristics such as: a 10-inch minimum ponding depth; 18-inch depth “loamy sand” soil mix with a minimum long-term percolation rate of five inches an hour; perforated pipe underdrain bedded in Class 2 perm with a connection and sufficient head to the storm drain or discharge point; and underdrain clean-out ports consisting of vertical, rigid, non-perforated PVC pipe, with a minimum diameter of four inches and a watertight cap. The on-site storm drain system would also include a retention pond for hydromodification on-site, which would be located near the bioretention facilities.

The new storm drain system would treat the on-site stormwater runoff prior to being discharged into the City’s existing stormwater system, in accordance with the County C.3 Stormwater Standards. In addition, approximately 80 percent of the project site would remain as existing pervious area, or would be developed into landscaped areas following development of the proposed project, which would further provide opportunities for stormwater capture throughout the site. Therefore, during operation, the proposed project would comply with all relevant water quality standards and waste discharge requirement, and would not degrade water quality.

Conclusion
Based on the above, the proposed project would be required to comply with all applicable regulations during construction and operation, would not involve uses associated with the generation or discharge of polluted water, and would be designed to adequately treat stormwater runoff from the site prior to discharge. Therefore, the proposed project would not be expected to result in substantial erosion or siltation on- or off-site, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or 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. However, without the approval of a SWPPP, erosion and sediment control plan, and a final stormwater control plan, a potentially significant impact could occur with regard to violation of water quality standards and degradation of water quality, should adequate BMPs not be incorporated during construction and operations in accordance with SWRCB regulations.

Mitigation Measure(s)
Implementation of the following mitigation measures would reduce the above potential impact to a less-than-significant level.

X-1. Prior to issuance of grading permits, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP). The developer shall file the Notice of Intent (NOI) and associated fee to the SWRCB. The SWPPP shall serve as the framework for identification, assignment, and implementation of BMPs. The SWPPP shall be submitted to the Director of Public Works/City Engineer for review and approval and shall remain on the project site during all phases of construction. Following implementation of the SWPPP, the contractor shall subsequently demonstrate the SWPPP’s effectiveness and provide for necessary and appropriate revisions, modifications, and improvements to reduce pollutants in stormwater discharges to the maximum extent practicable. The contractor shall implement BMPs to reduce pollutants in stormwater discharges to the maximum extent practicable.
80 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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Figure 4
Preliminary Stormwater Control Plan
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LEGEND
-- AREAS DRAINING TO t~f D~i~ri4~NT AREAS

AREAS DRAINING TO
~~E~~~~ENT AREAS
C.3 TREATI.1EN T AREAS (I MP)

SELF-TREATED AREA

NON-TREATED AREA
STORM R:l~YLl~~:~t STRUCTUR

GROUTED COBBLE

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SL~

RETENTION BASIN

ABBREVIATIONS
APPROX
OMA
IMP
NT

RET WALL
SF
ST
APPROXIMA TEL y

GEMENT AREA

DRAINAGE MANA NT PRACTICE/
INTEGRATED E~t:~t~i C.3 TREATM

NOT TREATED

RETAINING WALL

SQUARE FEET

SELF TREATED

C-STORE
C 3 EXHIBIT
CEMBER2 · o 2018 ,
DE NG
11J!J
~ co NS U ~GTLVEY>NG .l ,,. """' E NOINEEFIIN G • PLANN> 81 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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X-2. In addition to a SWPPP, prior to issuance of grading permits, the project applicant shall create an interim and final erosion and sediment control plan which shall include a delineation and brief description of the measures to be undertaken to retain sediment on the site, including but not limited to, the design and specifications of berms and sediment detention basins and a schedule for maintenance. The plan shall also contain a delineation and brief description of the surface runoff and erosion control measures, including but not limited to, types and method of applying mulches, and designs and specifications for diverters, dikes, and drains. The plan shall be reviewed and approved by the City Community Development Department.

X-3. The project applicant shall submit a final Stormwater Control Plan and Report compliant with the requirements set forth in the City’s most current NPDES permit. The C.3 treatment facilities shall be adequately sized to treat the stormwater runoff from the associated drainage management areas. The grading and/or building plans shall include drawings and specifications necessary to implement all measures in the approved Stormwater Control Plan. Design features shall incorporate low impact development design standards as outlined in the most current edition of the Contra Costa Clean Water Program’s C.3 Guidebook. All plans shall be reviewed and approved by the City’s Community Development Department.
b,e. Water supplies for the proposed project would be provided by the City of Pittsburg, which purchases raw water from the CCWD and extracts groundwater. According to the CCWD 2020 Urban Water Management Plan (UWMP),39 the CCWD is primarily dependent on surface water supplies. Therefore, water demand associated with the proposed project would primarily be met by surface water, and the project would not substantially decrease groundwater supplies.

The City overlies the Pittsburg Plain Groundwater Basin and extracts groundwater using two wells. Approximately 1,353 to 1,480 acre-feet per year of the City’s water supply consists of groundwater.
40 The Pittsburg Plain Groundwater Basin is characterized by the California Department of Water Resources as a basin of very low priority, and is not classified as being critically overdrafted.41 Therefore, the preparation of a groundwater management plan is not required for the Pittsburg Plain Groundwater Basin.

As discussed above, the proposed project would disturb approximately 2.71 acres of the five-acre site, and the remainder of the site would consist of existing pervious surfaces.

Additionally, stormwater runoff from the site would be routed to two new bioretention facilities. Consequently, the pervious areas of the site would allow for stormwater infiltration into underlying soils, and the proposed project would not result in substantial interference with groundwater recharge in the area.

Therefore, the proposed project would not substantially decrease groundwater supplies through excess water usage, nor would the project interfere substantially with groundwater 39 Contra Costa Water District. 2020 Urban Water Management Plan. June 2021. 40 City of Pittsburg. City of Pittsburg 2020 Urban Water Management Plan Final Draft. July 2021. 41 California Department of Water Resources. SGMA Data Viewer. Available at:
https://sgma.water.ca.gov/webgis/?appid=SGMADataViewer#boundaries. Accessed March 2022. 82 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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recharge such that the project may impede sustainable groundwater management. In addition, the project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Thus, a less-than-significant impact would occur.
civ. According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map number 06013C0326F, the project site is located within an Area of Minimal Flood Hazard (Zone X).42 The site is not classified as a Special Flood Hazard Area or otherwise located within a 100-year or 500-year floodplain. Therefore, development of the proposed project would not impede or redirect flood flows and no impact would result. d. As discussed under question ‘civ’ above, impacts of the project would not be substantial in regards to redirecting or impeding flood flows as the project site is not located in a special flood hazard zone. Tsunamis are defined as sea waves created by undersea fault movement, whereas a seiche is a long-wavelength, large-scale wave action set up in a closed body of water such as a lake or reservoir. The project site is located approximately 37 miles from the California coastline and approximately 2.25 miles south of the San Francisco Bay tributaries. Therefore, it is not anticipated that the project would be affected by flooding risks associated with tsunamis. Seiches do not pose a risk to the proposed project, as the project site is not located adjacent to a large closed body of water. Based on the above, the proposed project would not pose a risk related to the release of pollutants from project inundation due to flooding, tsunami, or seiche, and a no impact would occur.
42 Federal Emergency Management Agency. Flood Insurance Rate Map 06013C0326F. Effective June 16, 2009. 83 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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XI. LAND USE AND PLANNING.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Physically divide an established community?    
b. 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?
   
Discussion
a. A project risks dividing an established community if the project would introduce infrastructure or alter land uses so as to change the land use conditions in the surrounding community, or isolate an existing land use. The project site is currently developed with two deteriorated structures in the south-central portion of the site, as well as a cellular tower in the southern portion of the site, and an approximately 18- to 22-foot-deep excavation in the northern portion of the site. The project site does not contain existing housing.

Surrounding land uses include Highlands Ranch Park to the south, single-family homes to the north, south, east, and west, and RV and boat storage to the southwest. The proposed project would generally be compatible with the existing surrounding land uses in the project area and would not alter the existing general development trends in the area or isolate an existing land use. Therefore, the proposed project would not physically divide an established community, and a less-than-significant impact would occur. b. The project site is currently designated LDR per the City’s General Plan and is zoned RS6. The proposed GPA would change the designation from Low Density Residential to Community Commercial while the Rezone would change the site from RS-6 to CN. The CN District is intended to provide sites for businesses serving the daily needs of nearby residential areas, while establishing development standards that complement the surrounding residential environment and that prevent significant adverse effects on adjoining residential uses. Because the project site is located in an area with residential development, the proposed project could provide services that do not currently exist within the project area.

Given that the project would require a GPA and Rezone, the project would not be consistent with land use policies, plans, and regulations for the current designation.

However, the project would be required to comply with all applicable development standards established by Title 18 of the City’s Municipal Code. The development standards include maximum lot coverage, maximum building heights, and building setback requirements. In addition, following approval of the GPA and Rezone, the project would be consistent with all land use policies, plans, and regulations for the applicable land use and zoning designation.

As discussed throughout this Initial Study, the proposed project would not result in any significant environmental effects that cannot be mitigated to a less-than-significant level by the mitigation measures provided herein and/or compliance with the City’s General Plan policies, and regulations. Accordingly, the proposed project would not conflict with City policies or regulations adopted for the purpose of avoiding or mitigating an environmental effect. For example, the proposed project would comply with all relevant City policies and guidelines, including, but not limited to, the standards set forth in Section 18,82.040, Noise; Chapter 18, Article XIX Tree Preservation and Protection; and Chapter

15.88.050, Grading, Erosion, and Sediment Control, of the City’s Municipal Code. 84 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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Therefore, the project would comply with the City’s building standards and General Plan policies adopted for the purpose of avoiding environmental effects. Thus, 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 a less-than-significant impact would occur. 85 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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XII. MINERAL RESOURCES.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. 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?
   
b. 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?
   
Discussion
a,b. According to the City’s General Plan, the City contains one of the two places in the San Francisco Bay Area where coal was mined. The discovery of coal in the 1850s led to construction of Black Diamond Mines. However, due to competition from other energy sources, the mine closed in 1949. Currently, the City does not contain any significant mineral deposits or active mining operations. In addition, mining is not an allowed use within the RS-6 or the CN zone, and would not be compatible with the surrounding land uses. Thus, the proposed project would not result in the loss of availability of a known mineral resource or a locally important mineral resource recovery site, and no impact would occur.
86 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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XIII. NOISE.

Would the project result in:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable
standards of other agencies?
   
b. Generation of excessive groundborne vibration or
groundborne noise levels?    
c. For a project located within the vicinity of a private airstrip or 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, would the project expose people
residing or working in the project area to excessive noise levels?
   
Discussion
a. The following sections present information regarding sensitive noise receptors in proximity to the project site, the existing noise environment, and the potential for the proposed project to result in impacts during project construction and operation. The following terms are referenced in the sections below:
• Decibel (dB): A unit of sound energy intensity. An A-weighted decibel (dBA) is a decibel corrected for the variation in frequency response to the typical human ear at commonly encountered noise levels. All references to dB in this discussion will be A-weighted unless noted otherwise.
• Maximum Sound Level (Lmax): The maximum sound level over a given time-period.

Sensitive Noise Receptors
Some land uses are considered more sensitive to noise than others, and, thus, are referred to as sensitive noise receptors. Land uses often associated with sensitive noise receptors generally include residences, schools, libraries, hospitals, and passive recreational areas. Noise sensitive land uses are typically given special attention in order to achieve protection from excessive noise. Sensitive receptors in the project vicinity include existing single-family residences to the north, west, and southwest, of the project site. The nearest residence is located approximately 30 feet from the western boundary of the project site. However, the nearest residence to the operational noise generating uses (i.e., the carwash) is located approximately 120 feet away.

Significance Criteria
Section 18.82.040 of the City’s Municipal Code limits the generation of loud noises on construction sites adjacent to existing development to normal business hours between 8:00 AM and 5:00 PM. In addition, the City’s General Plan establishes noise thresholds for residential areas which limit exterior noise levels to 65 dB and interior noise levels to 45 dB.

The City of Pittsburg has not established a threshold for significant increases in traffic noise. However, the Federal Interagency Committee on Noise (FICON) has developed guidance for determining increases in traffic noise. Therefore, increases in the ambient noise environment due to the proposed project were evaluated using the criteria developed by FICON. Although the FICON guidelines were originally developed for aircraft 87 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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noise impacts, the noise increase thresholds are generally considered appropriate for evaluation of noise increases at noise sensitive uses such as single-family residences.

The significance criteria are provided in Table 8, below.

Table 8
FICON Noise Exposure Increases for Determining Level of Significance
Noise Exposure without Project Potential Significant Impact < 60 dB CNEL 5 dB or more
60-65 dB CNEL 3 dB or more
>65 dB CNEL 1.5 dB or more
Source: Federal Interagency Committee on Noise (FICON), 2000.

As shown in the table, in areas where the pre-project noise levels range from 60 to 65 dBA, an increase in community noise over 3 dB is considered a significant impact.

Existing Noise Environment
According to the City’s General Plan, maximum noise levels of 60 dB are considered “normally acceptable” while noise levels from 60 to 70 dB fall within the “conditionally acceptable” range. The General Plan identifies the noise environment in the project area as ranging from 60 dB to 65 dB due to the area’s proximity to Buchanan Road.

Project Construction Noise
During construction of the proposed project, noise from construction activities would temporarily add to the noise environment in the project vicinity. According to Section

18.82.040 of the City’s Municipal Code, construction activities are prohibited from exceeding 65 dB outside of the normal business hours stated previously. Heavy equipment would be used for grading, excavation, paving, and building construction, which would increase ambient noise levels when in use. Noise levels would vary depending on the type of equipment used, how the equipment is operated, and how well the equipment is maintained. In addition, noise exposure at any single point outside the project site would vary depending on the proximity of construction activities to that point. Standard construction equipment, such as graders, backhoes, loaders, and trucks, would be used on-site. As indicated in Table 9, activities involved in construction would generate maximum noise levels ranging from 76 to 85 dBA Lmax at a distance of 50 feet.

Table 9
Construction Equipment Noise
Type of Equipment Maximum Level, dB at 50 feet
Backhoe 78
Compactor 83
Compressor (air) 78
Dozer 82
Dump Truck 76
Excavator 81
Generator 81
Pneumatic Tools 85
Source: Federal Highway Administration, Roadway Construction Noise Model User’s Guide, January 2006.
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As discussed above, the nearest sensitive receptors to the project site would be singlefamily residence located approximately 30 feet west of the project site boundary. Thus, noise levels experienced at the nearest residences would likely be increased from the levels depicted in Table 9. The sound levels associated with construction of the project would be temporary in nature and would not have an adverse effect on the surrounding environment. However, the City’s General Plan noise thresholds for residential areas limit exterior noise levels to 65 dB. Therefore, construction of the proposed project could generate a substantial temporary increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance.

Project Operational Noise
Noise generated by the proposed project would primarily consist of intermittent vehicle traffic to and from the project site, as well as operational noise associated with the proposed project; specifically, the air dryers included in the proposed car wash.

According to the Traffic Impact Analysis Report prepared for the proposed project by TJKM, the proposed project is expected to generate 84 AM peak hour trips and 101 PM peak hour trips, while existing traffic volumes at the nearby study intersections experience between 1,347 and 2,552 vehicles during the peak hour. 43 Generally, a doubling in traffic volumes is required to increase traffic noise levels by 3.0 dB, which is considered to be the threshold for a significant increase per the FICON for areas with typical ambient noise levels (i.e., 60 to 65 dB), such as the project site. Given that the project would not double traffic volumes on area roadways, vehicle traffic associated with the proposed commercial development would not result in a substantial traffic noise level increase.

To assess noise impacts associated with the proposed car wash, a Spectral Sound Measurement Summary Report was prepared by Aerodry Systems, LLC.44 The Spectral Sound Measurement Summary Report assessed the sound level of various models of equipment at distances of up to 90 feet from the exterior door opening of the car wash. At 90 feet from the door opening, the model with the highest sound had a decibel level of 64 dB, which is below the City’s exterior noise level threshold of 65 dB for residential uses.

In addition, the door opening in which the equipment is located would be sited on the eastern side of the building, further away from the sensitive receptors. Given that the nearest sensitive receptor is located approximately 120 feet from the proposed car wash location, noise generated by the proposed car wash would be further reduced from the 64 dB noise level at 90 feet. In addition, the equipment would face towards the east, and, therefore, noise would be directed away from the nearest sensitive receptor to the southwest, and towards the project site and open space located beyond the site.

Therefore, the proposed car wash would not result in a substantial permanent noise level increase at the existing sensitive receptors in the project vicinity.

Conclusion
Based on the above, operation of the proposed project would not result in the generation of a substantial permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the City’s General Plan and Municipal Code. However, given the noise levels generated by standard construction equipment, the proposed project could result in a substantial temporary increase in ambient noise levels in the vicinity of the project in excess of standards established in the City’s General Plan and 43 TJKM. Final Traffic Impact Analysis Report: LMK Petro at 1625 Buchanan Road. August 18, 2017. 44 Aerodry Systems, LLC. Aerodry – Spectral Sound Measurements (DLAA #16-131) Summary Report. August 11, 2016.
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Municipal Code during project construction. Thus, a potentially significant impact could occur.

Mitigation Measure(s)
Implementation of the following mitigation measures would reduce the above potential impact to a less-than-significant level.

XIII-1 To the maximum extent practical, as determined by the City of Pittsburg Planning Division, the following measures shall be implemented during project construction:
• All noise-producing project equipment and vehicles using internalcombustion engines shall be equipped with manufacturersrecommended mufflers and be maintained in good working condition;
• All mobile or fixed noise-producing equipment used on the project site that are regulated for noise output by a federal, State, or local agency shall comply with such regulations while in the course of project construction;
• Electrically powered equipment shall be used instead of pneumatic or internal-combustion-powered equipment, where feasible; • Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise-sensitive receptors;
• Project area and site access road speed limits shall be established and enforced during the construction period; and
• Nearby residences shall be notified of construction schedules so that arrangements can be made, if desired, to limit their exposure to short-term increases in ambient noise levels.

The above requirements shall be included via notation on project grading plans, subject to review and approval by the City of Pittsburg Community Development Department.
b. Similar to noise, vibration involves a source, a transmission path, and a receiver. However, noise is generally considered to be pressure waves transmitted through air, whereas vibration usually consists of the excitation of a structure or surface. As with noise, vibration consists of an amplitude and frequency. A person’s perception to the vibration depends on the individual’s sensitivity to vibration, as well as the amplitude and frequency of the source and the response of the system which is vibrating.

Vibration is measured in terms of acceleration, velocity, or displacement. A common practice is to monitor vibration in terms of peak particle velocities (PPV) in inches per second (in/sec). Standards pertaining to perception as well as damage to structures have been developed for vibration levels defined in terms of PPV. Human and structural response to different vibration levels is influenced by a number of factors, including ground type, distance between source and receptor, duration, and the number of perceived vibration events. Table 10, which was developed by the California Department of Transportation (Caltrans), shows the vibration levels that would normally be required to result in damage to structures. As shown in the table, the threshold for architectural 90 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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damage to structures is 0.20 in/sec PPV and continuous vibrations of 0.10 in/sec PPV, or greater, would likely cause annoyance to sensitive receptors.

Table 10
Effects of Vibration on People and Buildings
PPV
mm/sec in/sec Human Reaction Effect on Buildings

0.15 to

0.30 0.006 to

0.019
Threshold of perception;
possibility of intrusion
Vibrations unlikely to cause damage
of any type

2.0 0.08 Vibrations readily perceptible
Recommended upper level of the
vibration to which ruins and ancient
monuments should be subjected

2.5 0.10
Level at which continuous
vibrations begin to annoy
people
Virtually no risk of “architectural”
damage to normal buildings

5.0 0.20
Vibrations annoying to people
in buildings (this agrees with
the levels established for
people standing on bridges and
subjected to relative short
periods of vibrations)
Threshold at which there is a risk of
“architectural” damage to normal
dwelling - houses with plastered
walls and ceilings. Special types of
finish such as lining of walls, flexible
ceiling treatment, etc., would
minimize “architectural” damage
10 to 15 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: Caltrans. Transportation Related Earthborne Vibrations. TAV-02-01-R9601. February 20, 2002.

The proposed project would only cause elevated vibration levels during construction, as the proposed project would not involve any uses or operations that would generate substantial groundborne vibration. Although noise and vibration associated with the construction of the project would add to the noise and vibration environment in the immediate project vicinity, construction activities would be temporary in nature and are limited to normal daytime working hours pursuant to Pittsburg Municipal Code Section

18.82.040.

Table 11 shows the typical vibration levels produced by construction equipment at various distances. The most substantial source of groundborne vibrations associated with project construction would be the use of vibratory compactors or rollers. At a distance of 26 feet or greater, vibration levels from such equipment would be below 0.20 in/sec PPV.

The proposed construction activities would occur at a distance of approximately 30 feet from the nearest existing single-family residence. Therefore, according to the vibration levels shown in Table 11, groundborne vibrations from construction of the proposed project at 30 feet away would be below the 0.20 in/sec PPV threshold established by Caltrans for architectural damage to buildings and the 0.10 in/sec PPV threshold for annoyance to receptors.
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Table 11
Vibration Levels for Various Construction Equipment
Type of Equipment PPV at 25 feet (in/sec) PPV at 50 feet (in/sec) Large Bulldozer 0.089 0.029
Loaded Trucks 0.076 0.025
Small Bulldozer 0.003 0.000
Auger/Drill Rigs 0.089 0.029
Jackhammer 0.035 0.011
Vibratory Hammer 0.070 0.023
Vibratory Compactor/Roller 0.210 0.070
Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Guidelines, May 2006.

Based on the above, the proposed project would not expose people to or generate excessive groundborne vibration or groundborne noise levels, and a less-thansignificant impact would occur. c. The nearest airport to the project site is the Buchanan Field Airport, located approximately 10 miles west of the site. The site is not included in an airport land use plan. Given that the project site is not located within two miles of a public airport or public use airport, the proposed project would not expose people residing or working in the project area to excessive noise levels associated with airports. Thus, no impact would occur. 92 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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XIV. POPULATION AND HOUSING.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new
homes and businesses) or indirectly (e.g., through
projects in an undeveloped area or extension of major
infrastructure)?
   
b. Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
   
Discussion
a. Development of the project site with the proposed commercial purposes would not result in direct population growth; however, the project could indirectly attract residents to the area for employment opportunities. Although the project may attract residents as a result of the increase in job opportunities, new employees would likely be drawn from current residents in the project area. In addition, the increase in jobs would be relatively small, compared to the City’s existing population and would not be anticipated to result in substantial population growth. Therefore, the proposed project would not induce substantial unplanned population growth either directly or indirectly, and a less-thansignificant impact would occur. b. The project site does not currently include existing housing or other habitable structures.

As such, the proposed project would not displace a substantial number of existing housing or people and would not necessitate the construction of replacement housing elsewhere.

Therefore, no impact would occur.
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XV. PUBLIC SERVICES.

Would the project result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental facilities, need for new or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Fire protection?    
b. Police protection?    
c. Schools?    
d. Parks?    
e. Other Public Facilities?    
Discussion
a-e. The Contra Costa County Fire Protection District (CCCFPD) provides fire protection services to the City. The CCCFPD operates out of 26 fire stations located throughout the jurisdictional area.45 The project site is located approximately 1.5 mile from the nearest fire station, Station 85, located at 2331 Loveridge Road. The proposed project would adhere to Chapter 15.20, the Fire Code, of the Municipal Code, which requires the proposed project install a fire sprinkler system and adhere to all fire protection codes established by the CCCFPD. The above features would reduce the risk of fire at the project site, and, thus, reduce potential for the project to increase demand. Therefore, the proposed project would be adequately served by the CCCFPD and would not require the construction of new or physically altered governmental facilities.

The proposed project would be serviced by the Pittsburg Police Department, located at 65 Civic Avenue. The General Plan includes Emergency Management goals and policies in Chapter 10.4. The General Plan ensures that emergency response equipment and personnel training are adequate to follow the procedures contained within the Emergency Response Plan. The General Plan also strives to maintain a ratio of 1.8 sworn officers per 1,000 residents.46 Because the proposed project would not directly induce any population growth, the proposed project would not alter the City’s existing officer to resident’s ratio.

Thus, the proposed project would not create the need for new or physically altered governmental facilities.

As discussed above, the proposed commercial project would not result a direct population increase and, consequently, would not increase demands for schools, parks, or other public facilities. Thus, the project would not create the need for new or physically altered governmental facilities.

Therefore, the proposed project would have a less-than-significant impact related to the need for new or physically altered fire protection, police protection, school facilities, or other public facilities, the construction of which could cause significant environmental impacts.
45 Contra Costa County Fire Protection District. Station Address. Available at: https://www.cccfpd.org/stationaddress. Accessed March 2022. 46 City of Pittsburg. General Plan Pittsburg 2020: A Vision for the 21st Century. [pg. 10-23]. November 16, 2001. 94 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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XVI. RECREATION.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?
   
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the
environment?
   
Discussion
a,b. The proposed project would include the development of a 3,850 sq. ft. convenience store with a deli, a 2,800 sq. ft. car wash building, and a 4,253 sq. ft. fuel canopy for a fourisland gas station serving eight cars on the southeast portion of the project site. As such, the proposed project would not result in population growth that would lead to increased use of existing recreational facilities, nor would the proposed project include or require construction or expansion of recreational facilities. Therefore, no impact would occur. 95 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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XVII. TRANSPORTATION.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with Mitigation
Incorporated
LessThanSignificant
Impact
No
Impact
a. Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including transit,
roadway, bicycle, and pedestrian facilities?
   
b. Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?    
c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
   
d. Result in inadequate emergency access?    
Discussion
a. The law has changed with respect to how transportation-related impacts may be addressed under CEQA. Traditionally, lead agencies used level of service (LOS) to assess the significance of such impacts, with greater levels of congestion considered to be more significant than lesser levels. Enacted as part of SB 743 (2013), PRC Section 21099, subdivision (b)(1), directed the Governor’s Office of Planning and Research (OPR) to prepare, develop, and transmit to the Secretary of the Natural Resources Agency for certification and adoption proposed CEQA Guidelines addressing “criteria for determining the significance of transportation impacts of projects within transit priority areas. Those criteria shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.” Pursuant to SB 743, the Natural Resources Agency promulgated CEQA Guidelines Section 15064.3 in late 2018. It became effective in early 2019. Subdivision (a) of that section provides that “[g]enerally, vehicle miles traveled is the most appropriate measure of transportation impacts. For the purposes of this section, ‘vehicle miles traveled’ refers to the amount and distance of automobile travel attributable to a project. Other relevant considerations may include the effects of the project on transit and non-motorized travel.

Except as provided in subdivision (b)(2) below (regarding roadway capacity), a project’s effect on automobile delay shall not constitute a significant environmental impact.” Please refer to Question ‘b’ for a discussion of VMT.

Pedestrian, Bicycle, and Transit Facilities
It should be noted that the proposed project would consist entirely of auto-centric uses.

Therefore, a substantial increase in the use of pedestrian, bicycle, and transit facilities is not anticipated to occur as a result of the proposed project. Nonetheless, the proposed project’s potential impacts related to pedestrian, bicycle, and transit facilities are discussed below.

Pedestrian Facilities
Pedestrian facilities consist of crosswalks, sidewalks, pedestrian signals, and off-street paths, which provide safe and convenient routes for pedestrians to access the destinations such as institutions, businesses, public transportation, and recreation facilities. 96 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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According to a Traffic Impact Analysis (TIA) prepared for the proposed project,47 the majority of the intersections within the project vicinity are signalized and equipped with countdown pedestrian signal heads. In addition, sidewalks are provided along the roadways in the project area where land uses have been developed adjacent to the roadway. As such, sidewalks and crosswalks are found along virtually all local roadways in the project area. All of the existing sidewalks are approximately five to 10 feet wide, varying within the vicinity of project site. The proposed project would include additional sidewalks on the east side of Buchanan Road along the project frontage. Therefore, adequate pedestrian facilities exist within the project area to accommodate any pedestrian traffic generated from implementation of the proposed project, and the proposed project would not conflict with a program, plan, ordinance, or policy addressing pedestrian facilities within the City.

Bicycle Facilities
Bicycle paths, lanes and routes are typical examples of bicycle transportation facilities, which are defined by Caltrans as being in one of the following three classes:
• Class I – Provides a completely separated facility designed for the exclusive use of bicyclists and pedestrians with crossing points minimized. • Class II – Provides a restricted right-of-way designated lane for the exclusive or semi-exclusive use of bicycles with through travel by motor vehicles or pedestrians prohibited, but with vehicle parking and cross-flows by pedestrians and motorists permitted.
• Class III – Provides a route designated by signs or pavement markings and shared with pedestrians and motorists.

According to the City of Pittsburg General Plan, existing Class II bike lanes are located in the vicinity of the project site along Buchanan Road, from Somersville Road to Railroad Avenue along both the sides of roadway, Somersville Road from Creek Side Drive to James Donlon Boulevard along both the sides of roadway, and Loveridge Road from East Leland Road to Buchanan Road along both the sides of roadway. In addition, the proposed bicycle network in the City of Pittsburg includes improvements to multi-use trails (i.e. Class I trails) parallel to Ventura Drive and Buchanan Road as well as Class II bicycle lanes along Somersville Road between Buchanan Road to Creekside Drive.

As such, the existing and proposed bicycle facilities within the project area would have sufficient capacity to accommodate any bicycle traffic generated from implementation of the proposed project, and the proposed project would not conflict with a program, plan, ordinance, or policy addressing bicycle facilities within the City.

Transit Service and Facilities
Three major public mass transit operators provide service within the City of Pittsburg, including Bay Area Rapid Transit (BART), the Eastern Contra Costa Transit Authority (or Tri Delta Transit), and the County Connection.

BART is a rapid mass transit system which provides regional transportation connections to much of the Bay Area. The Pittsburg/Bay Point BART station serves Pittsburg, Bay 47 TJKM. Final Traffic Impact Analysis Report: LMK Petro at 1625 Buchanan Road. August 18, 2017. 97 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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Point, Antioch, and all other surrounding cities and runs from 4:00 AM to 12:00 AM daily, with a weekday frequency of 15 minutes.

Tri Delta Transit serves the East County including Brentwood, Oakley, Pittsburg, Antioch, Bay Point and distinct areas of East County. Tri Delta Transit operates 14 local bus routes from Monday to Friday, including three express services, and three local bus routes during weekends and holidays. The Tri Delta Transit runs within the vicinity of the project site are Route #380, Route #390, and Route #393. Route #390 has bus stops along Buchanan Road, approximately 500 feet from the project site.

The County Connection currently operates a total of 31 fixed route bus routes on weekdays throughout Central Contra Costa County with limited service to the East County area. The route that serves the East County area is Route #93X, which is an express route that runs from the Hillcrest Park and Ride in Antioch, along Kirker Pass Road, along Ygnacio Valley Road, and ends at the Walnut Creek BART station. Route #93X has a frequency of 30 minutes and runs from 4:35 AM to 7:45 PM during the weekdays.

Currently, the bus stop for Route #93X on Buchanan Road within the vicinity of the project site is approximately 500 feet from the site.

Given the wide range of transit services offered within the City of Pittsburg, and given the relatively small size of the proposed project, a reasonable assumption can be made that existing transit services and facilities contain sufficient capacity to accommodate potential transit users of the proposed project. Therefore, the proposed project would not conflict with a program, plan, ordinance, or policy addressing transit facilities.

Conclusion
Based on the above, a less-than-significant impact would occur related to conflicting with a program, plan, ordinance, or policy addressing the circulation system, including transit, bicycle, and pedestrian facilities.
b. Section 15064.3 of the CEQA Guidelines provides specific considerations for evaluating a project’s transportation impacts. Pursuant to Section 15064.3, analysis of VMT attributable to a project is the most appropriate measure of transportation impacts. Other relevant considerations may include the effects of the project on transit and non-motorized travel. The Governor’s OPR released The Technical Advisory on Evaluating Transportation Impacts in CEQA, which includes screening thresholds to identify when a lead agency may screen out VMT impacts.48 The City of Pittsburg has not established any standards or thresholds on VMT. Therefore, guidance from the Contra Costa Transportation Analysis (CCTA) and OPR was used for the purpose of this analysis.

Per CCTA guidance,49 and consistent with OPR recommendations, local-serving retail may generally be presumed to have a less-than-significant VMT impact and can generally be screened from further VMT analysis. OPR based the presumption on substantial research demonstrating that adding local-serving retail uses typically improves destination accessibility to customers, often reducing trip distances because customers need to travel shorter distances than they previously did. The total demand for retail in a region also 48 Governor’s Office of Planning and Research. Technical Advisory on Evaluating Transportation Impacts in CEQA.

December 2018. 49 Contra Costa County. Contra Costa County Transportation Analysis Guidelines. June 23, 2020. 98 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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tends to hold steady; adding new local-serving retail typically shifts trips away from another use rather than adding entirely new shopping trips to the region.

The OPR Technical Advisory notes that retail development including stores less than 50,000 sq. ft. can generally be considered local-serving. The proposed project would include the development of a 3,850 sq. ft. convenience store with a deli, a 2,800 sq. ft. car wash building, and a 4,253 sq. ft. fuel canopy for a four-island gas station serving eight cars, for a total of 7,438 sq. ft. of commercial space. Thus, the project would be well below 50,000 sq. ft., and, therefore, would be considered local-serving retail. In addition, given the nature of the proposed project and that several other gas stations currently exist within the City of Pittsburg, a reasonable assumption can be made that the majority of patrons visiting the proposed convenience store, car wash, and gas station, would be travelling from the immediately surrounding area. As such, the proposed project would be classified as local-serving, and, based on guidance provided by OPR, may be presumed to result in a less-than-significant VMT impact. Therefore, the proposed project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3(b), and a less-than-significant impact would occur.
c,d. Access to the project site would be provided by two 35-foot, full access driveways on Buchanan Road. Near the project, Buchanan Road has a two-way left turn lane that would facilitate left turn ingress and egress for both driveways. As noted in the TIA prepared for the proposed project, queuing of one or fewer cars is expected at the project driveways during both peak hours. Left turning vehicles would be able to use the center turn lane for safe access. Right turning entering vehicles would be able to use the existing bicycle lane for deceleration during time periods where deceleration in the through lanes is inappropriate. In addition, the two project driveways are well spaced and provide adequate distance from public intersections. Therefore, the proposed project would not substantially increase hazards on-site or result in inadequate emergency access.

In addition, the project site plan was evaluated to determine the adequacy of on-site vehicle circulation including refueling trucks, delivery trucks, and emergency vehicles.

Internal circulation issues include queuing, safety, dead end aisles, and parking spaces that may be difficult to maneuver in and out of project site. All circulation aisles accommodate two-way travel and all of the proposed parking spaces are perpendicular to the drive aisle centerline. Service and emergency vehicles would have access to the proposed project through the two proposed driveways. Based on this evaluation, the access driveways are expected to be adequate for passenger vehicles and trucks accessing the site.

Sight distance was also evaluated for the proposed project to determine if adequate visibility exists in the project vicinity for drivers to enter the roadway safely without resulting in a conflict with traffic already on the roadway. The line of sight for vehicles exiting the driveways and vehicles travelling eastbound and westbound on Buchanan Road are clear and visible. Therefore, adequate site distance exists along the project frontage.

Based on the above, implementation of the proposed project would not substantially increase hazards due to design features. In addition, emergency vehicles would have reasonable access to the future gas station and associated structures from the existing roadways and project frontage. Therefore, the project would not substantially increase hazards due to design features or incompatible uses, and emergency access to the site would be adequate; and, thus, the project would result in a less-than-significant impact. 99 LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study

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XVIII. TRIBAL CULTURAL RESOURCES.

Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site,
feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is:

Potentially
Significant
Impact
Less-ThanSignificant
with Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section
5020.1(k).
   
b. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
   
Discussion
a,b. The project site is currently developed with two vacant, aging structures located on the south-central portion of the site and a cellular tower located within the southern portion of the site. As discussed in Section V, Cultural Resources, of this IS/MND, the project site does not contain any structures which would be considered a historical resource by the City or State standards. A search of the NAHC Sacred Lands File did not yield any information regarding the presence of Tribal Cultural Resources within the project site or the immediate area.50
In compliance with AB 52 (Public Resources Code Section 21080.3.1), project notification letters were distributed to the Amah Mutsun Tribal Band of Mission San Juan Bautista, Confederated Villages of Lisjan, Guidiville Indian Rancheria, Indian Canyon Mutsun Band of Costanoan, Muwekma Ohlo North Valley Yokuts Tribene Indian Tribe of the San Francisco Bay Area, Ohlone Indian Tribe, and Wilton Rancheria on May 12, 2021. On May 26, 2021, the Confederated Villages of Lisjan requested the NWIC cultural resource records search results and NAHC Sacred Lands File results, which were provided to the Tribe. Requests to consult were not received within the required response period.

Based on the location and lack of identified cultural resources at the site, known Tribal Cultural Resources do not exist within the project site. Nevertheless, the possibility exists that construction of the proposed project could result in a substantial adverse change in the significance of a Tribal Cultural Resource if previously unknown cultural resources are uncovered during grading or other ground-disturbing activities. Thus, a potentially significant impact to tribal cultural resources could occur.

Mitigation Measure(s)
Implementation of the following mitigation measure would reduce the above impact to a less-than-significant level.

XVIII-1. Implement Mitigation Measures V-1 and V-2.
50 Native American Heritage Commission. 1625 Buchanan Rd, Pittsburg, CA 94565 Project, Contra Costa County.

June 28, 2022.
100
LMK Petro Convenience Store, Gas Station, and Car Wash Project Initial Study