4.10 LAND USE/RECREATION 4.10 LAND USE/RECREATION

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1 4.10 LAND USE/RECREATION This section details the existing land use and planning conditions in the vicinity of the Project Site, outlines applicable land use plans and policies, and summarizes potential land use and planning impacts and mitigation measures associated with the proposed Project. For a list of references used in the preparation of this section, please refer to Section 9.0, References Environmental Setting Land Use The proposed Project would be located within the Orcutt Oil Field, which covers over 10,000 acres and contains approximately 300 active oil wells. The Orcutt Oil Field is located in the Solomon Hills south of the Cityommunity of Orcutt in northern Santa Barbara County (County) (see Figure 2-1). The proposed Project Site is approximately two miles west of U.S. Highway 101 and 2.4 miles east of State Route 135. Regional access to the proposed Project Site is provided by East Rice Ranch Road, U.S. Highway 101 and State Route 135. Local access is via existing oil field roads, no new roads or road improvements are proposed as part of the proposed Project. The oil field is fenced and gated and is not open to the public. The Orcutt Oil Field is a State designated oil field defined by the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR). The proposed Project is located on the Newlove Lease (Figure 2.2) on assessor parcel number (APN) , 4,027 acres in area. APN is zoned Agricultural II 100 (AG II 100) acre minimum lot size and has a Commercial Agricultural General Plan use designation. The County Land Use Development Code (LUDC) allows for petroleum production in the AG II 100 zone district with an Oil Drilling and Production Plan (ODPP) permit. Current existing Applicant operations are permitted under County permit ODPP 05PPP If the proposed Project is approved, ODPP 05PPP would be superseded with a new ODPP (13PPP ). The new ODPP permit would include all currently permitted activities under the existing ODPP permit in addition to the proposed Project wells, pipelines, and seep cans. Land uses surrounding the proposed Project Site include oil and gas production, cattle grazing, and agriculture (vineyard). Table provides a summary of the proposed Project and surrounding area land uses. 14EIR April 2016

2 Table Project Site Information Summary Comprehensive Plan Designation Agricultural Commercial (AC) Zoning District, Ordinance Agriculture II -100 acre minimum lot size (AG-II-100), Countywide Land Use Development Code. Site Size The proposed Project is located on Assessor Parcel Number The Project Site consists of 285-acres within the Orcutt Oil Field to be located on the northern portion of parcel , which is 4,125 acres in area. Present Use & Development Surrounding Uses/Zoning Access Public Services Source: Project Application The Applicant s operations within the Orcutt Oil Field include approximately 300 active oil wells. Other uses on the Newlove Lease consist of grazing and open space. North: Oil and gas production, grazing/ AG-II-100. The community of Orcutt is located approximately 1.5 miles north of the proposed Project area. The southern boundary of the Rice Ranch Specific Plan area is approximately 1.2 miles north of the Project area. South: Oil and gas production, grazing/ AG-II-100. East: Oil and gas production, grazing/ AG-II-100. West: Oil and gas production, grazing/ AG-II-100. Access to the Project area is provided from East Rice Ranch Road to Orcutt Hill Road, then along existing oil field roads. Access to the Project area is also provided from U.S. Highway 101 by an existing oil field road located approximately 1.2 miles south of Clark Road, and from Highway 135 by Graciosa Road and existing oil field roads. Water Supply: Water for steam generation and would continue to be supplied by brine water produced from the Monterey and Point Sal formations from existing oil well operations. Fresh water is supplied by the Applicant s private water wells located on Assessor Parcel Numbers and and used for cattle grazing and landscaping, as well as for fire protection, office use, ancillary operations (i.e., not steam generation) and for drilling of new wells. Sewage: Existing onsite septic system(s). Fire: Santa Barbara County Fire Dept. Station Orcutt Community Plan A portion of the Project site, along the North and North West sections, are in the Orcutt Community Plan (OCP). The OCP allows for oil development in areas that have been previously used for oil exploration and drilling activities. The OCP includes a review of oil field sites and notes these sites are under review by County Petroleum Office to minimize hazards associated with oil and gas activity Recreation The proposed Project Site is not located near any properties or features designated by the County for public recreational activity. There are private and public recreational uses and trails in the general South Orcutt area, but access to the Project Site by the general public is prohibited. The Orcutt Community Plan includes discussion of a trail system on Newlove Hill and a portion of this trail system is proposed to be 14EIR April 2016

3 located on the Project Site, however, as noted above, access on the Project Site to the general public is prohibited Regulatory Setting This section summarizes land use planning and recreational resource management policies primarily as they relate to general growth, conservation, and development, park and recreational uses, and public access Federal Federal agencies having regulatory authority that affect land use and growth issues include the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation State The Orcutt Oil Field is a State designated oil field defined by the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR). DOGGR oversees the drilling, operation, maintenance, and plugging and abandonment of oil, natural gas, and geothermal wells. DOGGR s programs include: well permitting and testing; safety inspections; oversight of production and injection projects; environmental lease inspections; idle-well testing; inspecting oil field tanks, pipelines, and sumps; hazardous and orphan well plugging and abandonment contracts; and subsidence monitoring Local County Land Use and Development Code: The County Land Use and Development Code (LUDC), published August 2011, provides zoning regulations for Inland areas of the unincorporated area of the County. Section of the LUDC Section allows for oil and gas development in certain land use zoning designations including the zone district of the proposed Project (AG II 100). LUDC Sections through provide regulations for oil and gas development and operations in the Inland Zone districts of the County. The LUDC is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents and businesses in the County (Section Purpose of LUDC). County Chapter 25 Petroleum Code: The purpose of the County Petroleum Ordinance is, among other things, to protect the health, safety, public welfare, physical environment and natural resources of the County through regulation of onshore petroleum facilities and operations. The purpose of permit review under the Petroleum Ordinance is to ensure that the operation complies with adopted codes, regulations and standards, including but not limited to the California Building Code, Electric Code, and Fire Code; the ASME Pressure Boiler and Pressure Vessel Code; the National Board Inspection Code; the American Petroleum Institute (API) standards; and other applicable California codes, statutes and regulations. Petroleum pipelines and associated equipment are subject to the requirements of the Petroleum Ordinance. Orcutt Community Plan: The Plan identifies growth projections and provides for orderly development to meet the full spectrum of housing, commercial and industrial space, roads, public facilities, and amenities for the community of Orcutt. 14EIR April 2016

4 County Comprehensive Plan All general plans must contain seven mandated sections or "elements" including: Circulation, Conservation, Housing, Land Use, Noise, Open Space, and Safety. The County's Comprehensive Plan consists of the following mandatory elements: Circulation Element: Identifies the general location and extent of existing and proposed major roads, transit routes, terminals, and public utilities and facilities. It must correlate with the. Conservation Element: Addresses the conservation, development, and use of natural resources including water, forests, soils, rivers, and mineral deposits. Groundwater Resources Section: Amends the Conservation Element Water Resources Chapter text and maps regarding groundwater which are superseded in their entirety by the text and maps of the Groundwater Resources Section. Oak Tree Protection in the Inland Rural Areas of the County: Amends the Conservation Element Mapped Areas and Communities Section addressing Oak Tree Protection in the Inland Rural Areas of the County. : Lays out the general patterns of development throughout the County, including the distribution of real estate, open space and agricultural land, mineral resources, recreational facilities, schools, and waste facilities. This is one of the broadest elements of the Comprehensive Plan, and includes the following four fundamental goals: Environment: Environmental policies on development shall be respected. Economic and population growth shall proceed at a rate that can be sustained by available resources. Urbanization: In order for the County to sustain a healthy economy in the urbanized areas and to allow for growth within its resources and within its ability to pay for necessary services, the County shall encourage infill, prevent scattered urban development, and encourage a balance between housing and jobs. Agriculture: In the rural areas, cultivated agriculture shall be preserved and, where conditions allow, expansion and intensification should be supported. Lands with both prime and non-prime soils shall be reserved for agricultural uses. Open Lands: Certain areas may be unsuited for agricultural uses due to poor or unstable soil conditions, steep slopes, flooding or lack of adequate water. These open lands have importance as grazing, watershed, wildlife habitat, mineral resources, recreation, and scenic qualities. These lands are usually located so that they are not necessary or desirable for urban uses. There is no basis for the proposition that all land, no matter where situated or whatever the need, must be planned for urban purposes if they cannot be put to some other profitable economic use. Air Quality Supplement: Amends the to ensure consistency between the County's land use plan and the County's air quality plan. Noise Element: Identifies and appraises noise problems within the community and influences the distribution of land uses. Open Space Element: Details plans and measures for preserving open space for natural resources, outdoor recreation, public health and safety, and agriculture. Seismic Safety & Safety Element: Establishes policies to protect the community from natural and manmade hazards (e.g., seismic, geologic, flood, wildfire, and toxic materials hazards). Safety Supplement: Amends the Seismic Safety & Safety Element and addresses facilities that handle acutely hazardous materials and are fixed in location to a single site; and gas pipelines which are considered to be fixed in location to a corridor. 14EIR April 2016

5 In addition to the mandatory elements described above the County has adopted the following six optional elements aimed at addressing other policy topics which, in the judgment of the Board of Supervisors, help frame the contextual basis for how those topics would impact or define future physical development of the county. Agricultural Element: Addresses the future use of agricultural lands and resources, and includes goals and policies applicable to projects that affect agricultural resources. Energy Element: Contains long-range planning guidelines and strategies to encourage energy efficiency and alternative energy sources in the County. Environmental Resource Management Element: Summarizes the various environmental factors analyzed in the Seismic Safety and Safety, Conservation, and Open Space Elements, and identifies policies which define whether development is appropriate given the severity of constraints. Hazardous Waste Element: Includes goals, policies and siting criteria that must be evaluated for proposed hazardous waste facilities. Scenic Highways Element: Presents the County's scenic highway goals, evaluation standards, preservation measures and procedures for obtaining official "Scenic Highway" designation for state and county roads. Land Use Policies The County Comprehensive Plan and associated plan elements contain land use policies applicable to oil and gas projects; relevant policies to the proposed Project are summarized in Table below. Table Land Use Policy Summary Plan Element/Policy Land Use Development Policy 4 Land Use Development Policy 10 Hillside and Watershed Policy 1 Hillside and Watershed Policy 2 Hillside and Watershed Policy 3 Policy Summary Prior to issuance of a development permit, the County shall make the finding, based on information provided by environmental documents, staff analysis, and the applicant, that adequate public or private services and resources (i.e., water, sewer, roads, etc.) are available to serve the proposed development. Impacts of oil, gas, and produced-water pipelines outside of industry facilities shall be minimized by requiring the use of available or planned common carrier and multiple-user pipelines to the maximum extent feasible Plans for development shall minimize cut and fill operations. Plans requiring excessive cutting and filling may be denied if it is determined that the development could be carried out with less alteration of the natural terrain. All developments shall be designed to fit the site topography, soils, geology, hydrology, and any other existing conditions and be oriented so that grading and other site preparation is kept to an absolute minimum. For necessary grading on hillsides, the smallest practical area of land shall be exposed at any one time during development, and the length of exposure shall be kept to the shortest practicable amount of time. The clearing of land should be avoided during the winter rainy season and all measures for removing sediments and stabilizing slopes should be in place before the beginning of the rainy season. Sediment basins (including debris basins, desilting basins, or silt traps) shall be installed on the project site in conjunction with the initial grading 14EIR April 2016

6 Table Land Use Policy Summary Plan Element/Policy Hillside and Watershed Policy 4 Hillside and Watershed Policy 5 Hillside and Watershed Policy 6 Hillside and Watershed Policy 7 Streams and Creeks Policy 1 Flood Hazard Area Policy 1 Flood Hazard Area Policy 3 Visual Resource Policy 2 Historical and Archaeological Sites Policy 2 Historical and Archaeological Sites Policy 5 Agricultural Element Goal III Safety Element Policy Hazardous Facility Safety 1- A - Risk Estimates Safety Element Policy Hazardous Facility Safety 2- A- Unacceptable Risk Involving New Development Policy Summary operations and maintained through the development process to remove sediment from runoff waters. Temporary vegetation, seeding, mulching, or other suitable stabilization method shall be used to protect soils subject to erosion that have been disturbed during grading or development. Provisions shall be made to conduct surface water to storm drains or suitable watercourses to prevent erosion. Drainage devices shall be designed to accommodate increased runoff resulting from modified soil and surface conditions as a result of development. Degradation of the water quality of groundwater basins, nearby streams, or wetlands shall not result from development of the site. All permitted construction and grading within stream corridors shall be carried out in such a manner as to minimize impacts from increased runoff, sedimentation, biochemical degradation or thermal pollution. All development, including construction, excavation, and grading, except for flood control projects and non-structural agricultural uses, shall be prohibited in the floodway unless off-setting improvements in accordance with federal regulations are provided. All development shall be reviewed in accordance with the requirements of County Code Chapter 15A-Floodplain Management and 15B-Development Along Watercourses. In areas designated as rural on the land use plan maps, the height, scale, and design of structures shall be compatible with the character of the surrounding natural environment, except where technical requirements dictate otherwise. When developments are proposed for parcels where archaeological or other cultural sites are located, project design shall be required which avoids impacts to such cultural sites if possible. Native Americans shall be consulted when development proposals are submitted which impact significant archaeological or cultural sites. Where it is necessary for agricultural lands to be converted to other uses, this use shall not interfere with remaining agricultural The County shall employ accurate estimates of risk associated with hazardous facilities to inform discretionary land-use decisions where substantial, preliminary evidence indicates involuntary public exposure to significant risk may result from the land-use decision. Proposed new development that meets either of the following two criteria shall represent an unacceptably high level of risk and constitute a prima facie standard for denial of the proposed development. 1) All proposed development that registers mitigated risk in the red zone of the County's risk thresholds unless the proposed development is determined to be urban dependent as defined in this supplement, it avoids exposure of highly sensitive land uses to significant risk, and no other feasible location is available. 14EIR April 2016

7 Table Land Use Policy Summary Plan Element/Policy Circulation Element Policy Summary 2) All new development that registers mitigated risk in the amber zone of the County's risk thresholds if exposure of a highly sensitive land use would occur as result of project approval. Policy E: A determination of project consistency with the standards and policies of this Element shall constitute a determination of project consistency with the s Land Use Development Policy #4 with regard to roadway and intersection capacity Significance Criteria The County Environmental Thresholds and Guidelines Manual (County 2008) does not contain specific thresholds for land use. Generally, a significant impact can occur if a proposed project is potentially inconsistent with policies and standards adopted by an agency for the purposes of environmental protection or would result in substantial growth inducing effects. In addition, the Environmental Thresholds and Guidelines Manual includes Quality of Life Guidelines. These guidelines offer five examples of quality of life issues: Loss of Privacy; Neighborhood incompatibility; Nuisance noise levels (not exceeding noise thresholds); Increased traffic in quiet neighborhoods (not exceeding traffic thresholds); and Loss of sunlight/solar access. The Guidelines stipulate that if a substantial physical impact to the quality of the human environment is demonstrated, the impact on quality of life shall be considered significant. CEQA Appendix G provides a checklist to assist in the determination of the significance of a project s impacts on certain land use issues Impact Analysis and Mitigation Measures Impact Number LU.1 Impact Description The proposed Project would not conflict with existing land uses or land use plans, policies, regulations, or habitat conservation plans. Impact Class Class III The proposed Project is located on a site with an existing oil and gas operation permitted under an existing County Oil Drilling and Production Plan (ODPP) permit. Therefore, the Project is consistent with the existing use of the parcel with similar land uses on the surrounding adjacent parcels which include oil and gas development and cattle grazing. Therefore, the proposed Project would not be expected to impact the County Quality of Life Guidelines relating to loss of privacy, neighborhood compatibility, and nuisance noise. The proposed Project would not cause an increase in traffic in quiet neighborhoods or a loss of sunlight or solar access. The CEQA Appendix G impact thresholds for land use are discussed below. 14EIR April 2016

8 a) Physically Divide and Established Community? The proposed Project is located on a site with an existing oil and gas operation permitted under an existing County Oil Drilling and Production Plan (ODPP) permit. Therefore, the Project would be a continuation of these existing, and permitted, activities. The Project is located entirely on a parcel with surrounding land uses in similar use; therefore, the proposed Project would not divide an established community, and no significant impacts are expected. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? As noted above, the proposed Project is located on a site with an existing oil and gas operation permitted under an existing Oil Drilling and Production Plan (ODPP) permit. The existing operation is allowed for under the County LUDC and subject to the rules and regulations of the LUDC and Petroleum code. Additional oil production operations within the designated oil field would not result in land use conflicts with the open space and cattle grazing uses that currently occur on the Project property. Further, as the existing operation is a permitted use, it is consistent with County Comprehensive Land use Plans, including the Orcutt Community Plan and relevant land use polices. The proposed Project would be subject to, and be consistent with, those same land use regulations and policies. Therefore, the proposed Project would not conflict with any applicable land use plans, policies, or regulations and no significant impacts are expected. c) Conflict with any applicable habitat conservation plans or natural community conservation plan? As discussed in b) above, the proposed Project is located on a site with an existing oil and gas operation permitted under an existing Oil Drilling and Production Plan (ODPP) permit. The proposed Project would be subject to, and be consistent with, those same land use regulations, plans, and policies. Therefore, the proposed Project would not conflict with any applicable habitat conservation or natural community conservation plans, and no significant impacts are expected. Mitigation Measures Impacts to existing land uses or land use plans, policies, regulations, or habitat conservation plans are not expected to occur; no mitigation is required. Impacts to existing land uses or land use plans, policies, regulations, or habitat conservation plans would be less than significant (Class III) Cumulative Impacts The development and operation of the Project would be consistent with existing development in this region of the County, specifically, the Orcutt Oil Field. The Project Site is located in the rural area and predominantly surrounded by agriculturally zoned parcels which are developed with agricultural uses including grazing land, row crops and oil production. The County reviews projects for consistency with zoning requirements that regulate permitted uses, development density, building heights, site and building design, transportation demand, and neighborhood compatibility, and imposes development standards and conditions as part of the project review and the approval process. In the agricultural zone districts, oil and gas development is considered a compatible use permissible with a Land Use Permit, Oil Development Production Plan, or Development Plan depending on certain criteria contained in LUDC Section As noted above, additional oil production operations within the designated oil field would not result in land use plan or policy conflicts with the open space and cattle grazing uses that currently occur on the Project property. Implementation of the proposed Project, with incorporation of identified mitigation measures, is not anticipated to result in a substantial change to the 14EIR April 2016

9 parcel s conformance with the County Comprehensive Plan, or with other environmentally protective County policies and standards. The proposed Project would not result in a cumulatively considerable adverse effect on land use in the area; thus, cumulative land use impacts would be less than significant (Class III). 14EIR April 2016