Findings. The Board of Supervisors of the City and County of San Francisco hereby finds and declares as follows:
A. This ordinance is designed to protect human health and safety and the environment at the former Hunters Point Shipyard during and after development and to facilitate redevelopment as envisioned in the Hunters Point Shipyard Redevelopment Plan, which the Board of Supervisors adopted in 1997 and amended in 2010, and its Environmental Impact Reports.
B. The United States designated Hunters Point Shipyard as a U.S. Naval Shipyard in 1945. The United States Environmental Protection Agency (EPA) placed the Hunters Point Shipyard on the National Priorities List pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) in 1989. The U.S. Navy ("Navy") has divided the site into parcels for purposes of remediation.
C. The Navy issued a CERCLA Record of Decision (ROD) for Parcel A which was approved by the EPA, the California Department of Toxic Substances Control (DTSC), and the San Francisco Bay Region Regional Water Quality Control Board (RWQCB) in November 1995. The ROD concluded that "no action" was needed to clean up Parcel A. Effective April 5, 1999, EPA removed Parcel A from the National Priorities List after EPA and the State of California found that all appropriate responses under CERCLA had been implemented, that no further cleanup is appropriate for Parcel A and that the remedial actions conducted on Parcel A remain protective of public health, welfare, and the environment.
D. On September 1, 2004, the Navy issued a draft final Finding of Suitability to Transfer (FOST) for Parcel A. On September 30th and October 6th and 7th 2004, respectively, the EPA, DTSC and the RWQCB concurred with the Navy's FOST. The Navy signed the FOST on October 14, 2004. The FOST for Parcel A contains requirements for certain notices, restrictions and covenants to be included in the deed for Parcel A. These notices, restrictions and covenants are also referred to as "institutional controls" and are binding on all successive owners of any portion of Parcel A.
E. On December 3, 2004, the Navy transferred portions of Parcel A to the San Francisco Redevelopment Agency.
F. The Navy issued a CERCLA ROD Amendment for Parcel B in January 2009, a ROD for Parcel D-1 in September 2009, a ROD for Parcel G in February 2009, a ROD for Parcel UC-1 in August 2009 and a ROD for Parcel UC-2 in December 2009. The EPA, DTSC and the RWQCB approved these RODs. The RODs concluded that additional action was needed for the parcels to be protective of public health, welfare, and the environment in light of the redevelopment plans for the site. The Navy is preparing a ROD for Parcel C and issued a Draft Proposed Plan in January 2009. The Navy issued a Draft Final No Further Action ROD for Parcel D-2 in January 2009. The Navy completed a Draft Final Remedial Investigation Report for Parcel E in February 2008 and a Draft Feasibility Study in July 2009. The Navy issued a Draft Final Remedial Investigation Feasibility Study (RI/FS) for Parcel E-2 in February 2009 and a Draft Final Radiological Addendum to the RI/FS in March 2010. The Navy issued the Final Feasibility Study for Parcel F in April 2008.
G. In addition to Parcel A, which the Navy already transferred to the San Francisco Redevelopment Agency ("Agency"), it is anticipated that the Navy will offer the remaining parcels for transfer to the Agency in accordance with a Conveyance Agreement between the Agency and the Navy. Prior to transfer of any parcel, the Navy will issue a draft final FOST or a draft final Finding of Suitability for Early Transfer (FOSET) for the parcel. If the Navy issues a FOST, the Conveyance Agreement requires the Navy to obtain the concurrence of the EPA, DTSC, and RWQCB in the final FOST before it offers the parcel to the Agency. If the Navy issues a FOSET, CERCLA requires the Navy to obtain the approval of EPA and the concurrence of the Governor of California which will be based on input from DTSC and the RWQCB. A FOST or FOSET may require the deeds for the property to include certain environmental notices, restrictions or covenants, also referred to as "institutional controls" that will be binding on all successive owners of the transferred property to which such notices, restrictions or covenants apply. The Navy also is expected to enter into a Covenant to Restrict Use of Property (CRUP) with DTSC, which will be binding on subsequent owners and will provide for DTSC enforcement of the covenants, restrictions or conditions to which the property is subject. A Land Use Control Remedial Design (LUC RD) for each parcel will lay out the inspection and reporting requirements for the institutional controls and activity and land use restrictions. For property that transfers via a FOSET, the EPA and the Agency and possibly subsequent private developers, will be required to enter into an Administrative Order on Consent (AOC), also approved by state environmental regulatory agencies, which will detail the required corrective or cleanup actions and restricted activities associated with the property covered by the AOC and provide for EPA enforcement of its terms. Additionally, for property that transfers via a FOSET, the Navy and the Agency will enter into an Early Transfer Cooperative Agreement (ETCA), which will provide for the Agency to cause to be performed certain environmental remediation activities to facilitate redevelopment in exchange for funding of such activities by the Navy.
H. The Board of Supervisors by Resolution 347-10, adopted CEQA findings, including a mitigation monitoring and reporting program ("MMRP") for the Candlestick Point-Hunters Point Shipyard Phase II Development Plan Project ("Project"), for which the Agency and Planning Commissions certified a Final Environmental Impact Report ("FEIR") in June 3, 2010. The Project contains all of the property in the Hunters Point Shipyard except the property designated as Parcel A by the Navy. The MMRP contains mitigation measures that address potential hazardous materials impacts associated with the Project. It is the intent of the Board to create a process for the Department of Public Health to enforce in the Hunters Point Shipyard portion of the Project certain hazardous materials mitigation measures identified in the FEIR through this Article 31.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004; Ord. 204-10, File No. 100575, App. 8/3/2010)