REGULAR CITY COUNCIL MEETING AGENDA
City Hall - Council Chambers
4381 Broadway St., Suite 201, American Canyon
August 2, 2022
4:30 PM
AMENDED AGENDA
This agenda has been amended to add Items 5, 6 and 7.
Consistent with Government Code Secon 54953 and the American Canyon City Council Resoluon Declaring the Existence of a Local Emergency due to the COVID-19 Pandemic, this City Council meengs will be conducted via zoom teleconferencing only to promote local, state, and federal guidelines and social distancing recommendaons for the containment of the coronavirus. City officials and members of the public are invited to a/end the meeng via teleconference. This meeng will be broadcast live to residents on Napa Valley TV, on our websitehere and on YouTube here.
PUBLIC PARTICIPATION
Oral comments, during the mee'ng: A Zoom Webinar has been established for public comments made via zoom. To give your public comment via zoom, use the Register to Speak feature of eComments, connect via the below Zoom link and use the “raise your hand” tool, or call into the zoom mee6ng at 408-638-0968 and press *9 to “raise your hand” when the item is called. To avoid confusion, all hands raised outside of Public Comment periods will be lowered.
Written comments, via eComments: Please submit wri:en comments through the eComments link, located on the Mee6ngs & Agendas page of our websitehere. Comments will be available to council members in real 6me. eComments will remain open throughout the mee6ng. All comments received will be posted online and become part of the meeting record.
Zoom Meeting Link: Click here
Webinar ID: 8414701 1779 Passcode: 060300
The above-iden6fied measures exceed all legal requirements for par6cipa6on in public comment, including those imposed by the Ralph M. Brown Act. For more informa6on, please call the Office of the City Clerk at (707) 647-4369 or email [email protected].
AGENDA MATERIALS: City Council agenda materials are published 72 hours prior to the mee6ng and are available to the public via the City’s website at www.cityofamericancanyon.org.
AMERICANS WITH DISABILITIES ACT: The City Council will provide materials in appropriate alterna6ve formats to comply with the Americans with Disabili6es Act. Please send a wri:en request to City Clerk at 4381 Broadway, Suite 201, American Canyon, CA 94503 or by email to [email protected]. Include your name, address, phone number and brief Mayor: Leon Garcia
Vice Mayor: Mariam Aboudamous
Councilmembers: Mark Joseph, David Oro, Pierre Washington CITY COUNCIL MEETING AGENDA AUGUST 2, 2022
1 descrip6on of the requested materials, as well as your preferred alterna6ve format or auxiliary aid, at least three calendar days before the meeting.
PUBLIC ADDRESS – THERE WILL BE NO CLOSED SESSION MEETING. 4:30 P.M. OPEN SESSION - REGULAR MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
THERE WILL BE NO REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION
PUBLIC COMMENTS - ITEMS NOT ON THE AGENDA
This me is reserved for members of the public to address the City Council on items of interest that are not on the Agenda and are within the subject ma/er jurisdicon of the City Council. Comments are limited to 3 minutes.
Comments for items on the Agenda will be taken when the item is called. The City Council is prohibited by law from taking any acon on ma/ers discussed that are not on the Agenda, and no adverse conclusions should be drawn if the City Council does not respond to public comment at this me. Speakers are asked to please speak clearly, and provide their name. Any handouts for distribuon to the City Council must be emailed by 3:00 p.m. on meeng day. To comment via zoom during the meeng: click the “raise your hand” bu/on if joining by computer, or press *9 if joining by phone, when the item is called. To avoid confusion, hands raised outside of Public Comment periods will be lowered.
AGENDA CHANGES
The Mayor and Council may change the order of the Agenda or request discussion of a Consent Item. A member of the Public may request discussion of a Consent Item by making that request during Public Comment.
CONSENT CALENDAR
1. Minutes of July 19, 2022
Recommendation: Approve the Minutes of the City Council meeting of July 19, 2022.
2. Purchase of Camera System for Sewer Collections
Recommendation: Adopt a Resolu6on approving the purchase of Camera System for Sewer Collections in the amount not to exceed $63,000.
BUSINESS
3. Property Exchange with Napa Valley Unified School District Recommendation: Adopt a Resolu6on approving a Property Exchange and Acquisi6on Agreement to transfer approximately 5.6 acres of land where the community center/gymnasium is located to the Napa Valley Unified School District in exchange for receiving the 6.57-acre property where the former Napa Junc6on Elementary School is located (on Napa Junction Rd.) from the Napa Valley Unified School District.
CITY COUNCIL MEETING AGENDA AUGUST 2, 2022
2 4. Termina'on of Amended and Restated Improvement Agreement and First Amendment to Subdivision Improvement and Reimbursement Agreement for the Napa Logis'cs Phase 2 Project
Recommendation: Adopt a Resolu6on taking the following ac6ons in conjunc6on with the Napa Logistics Phase 2 Project:
1. Adop6ng the Ini6al Study/Addendum prepared by First Carbon Solu6ons, dated June 2022 for the NLP 2 Project; and,
2. Authorizing the City Manager to execute the Termina6on of Amended and Restated Improvement Agreement and First Amendment to Subdivision Improvement and Reimbursement Agreement for the Napa Logistics Phase 2 Project.
MANAGEMENT AND STAFF ORAL REPORTS
MAYOR/COUNCIL COMMENTS, COMMITTEE REPORTS, AND FUTURE AGENDA ITEMS The Mayor and Council may comment on ma/ers of public concern and announce ma/ers of public interest; no collective council action will be taken.
5. Matters Related to Arguments for Measure J
6. American Canyon 2022 Climate Action Plan
7. Future Agenda Items
August 16
Eagle Scouts Wetlands Project Presentation
Solid Waste Rate Increase
Urban Water Management Plan
Local Streets and Roads Plan
August 30, 2022 Special Joint City Council/PCS Meeting
PCS Annual Work Plan
September 6, 2022
Latino Heritage Month
National CERT Week
Domestic Violence Awareness Month
SDG 217 Appeal
ADJOURNMENT
CERTIFICATION
I, Taresa Geilfuss, CMC, City Clerk for the City of American Canyon, do hereby declare that the foregoing agenda of the City Council was posted in compliance with the Brown Act prior to the meeting date.
CITY COUNCIL MEETING AGENDA AUGUST 2, 2022
3 ______________________________________
Taresa Geilfuss, CMC, City Clerk
CITY COUNCIL MEETING AGENDA AUGUST 2, 2022
4 CITY OF AMERICAN CANYON
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
July 19, 2022
PUBLIC ADDRESS – CLOSED SESSION 4:30 P.M.
4:30 P.M. CLOSED SESSION
1. Conference with Labor Negotiators: Authorized Pursuant to Government Code Section 54957.6Agency Designated Representatives: City Manager Jason Holley and Labor Counsel Sloan, Sekai, Yeung & WongEmployee Organization: Teamsters
2. Conference with Legal Counsel – Anticipated LitigationPursuant to Government Code Section 54956.9 (d)(2).Three Matters.
3. Conference with Legal Counsel - Existing Litigation.
Authorized pursuant to Government Code Section 54956.9(d)(1):
City of American Canyon v. City of Vallejo, et al. (Napa Superior Court Case No. 22CV000772)
4. Conference with Real Property Negotiator: Authorized pursuant to Government Code section 54956.8. Property: APN 058-320-015 (Right of Way at Napa Junction Road)Agency Negotiator: Jason Holley, City ManagerNegotiating Parties: City of American Canyon and Napa Valley Unified School DistrictUnder Negotiation: Terms of Acquisition of Property 6:30 P.M. OPEN SESSION - REGULAR MEETING
CALL TO ORDER
The meeting was called to order at 6:36 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
ROLL CALL
Present: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington
Absent: None
Excused: None
5 REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION City Attorney William Ross provided an oral report upon return from closed session. Closed session commenced at 4:36 p.m. Council received one comment from Russ Charpentier. Agenda Item 1 had an action and direction given to staff, not reportable. Item 2 three matters, no reportable action. Item 3, no reportable action. Item 4, no reportable action. Closed session adjourned at 6:15 pm.
PROCLAMATIONS AND PRESENTATIONS
5. Presentation - Parks and Recreation Month, July 2022 Council received a presentation from Parks & Recreation Director Alexandra Ikeda in recognition of Parks & Recreation month.
6. Presentation - Local Roadway Safety Plan
Council received a presentation on our Local Roadway Safety Plan from Public Works Director Erica Ahman Smithies with Kathryn Kleinschmidt of GHD. Mayor Garcia called for public comments. Chris James was called to speak; Tammy Wong was called to speak. The public comments period was closed.
PUBLIC COMMENTS - ITEMS NOT ON THE AGENDA
Mayor Garcia called for public comments. William Baker was called to speak; Beth Marcus was called to speak.
AGENDA CHANGES
There were no changes to the agenda.
CONSENT CALENDAR
Action: Motion to adopt the Consent Calendar made by Councilmember David Oro, seconded by Councilmember Mark Joseph, and CARRIED by roll call vote.
Ayes: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington Nays: None
Abstain: None
Absent: None
Excused: None
7. Minutes of the June 7, 2022 City Council Meeting
Action: Approved the minutes of the Regular City Council meeting held on June 7, 2022.
8. Minutes of the June 21, 2022 City Council Meeting
Action: Approved the minutes of the Regular City Council meeting held on June 21, 2022. 6 9. AB361 In Person and Remote Teleconferenced Meetings - July 19 to August 18, 2022 Action: Adopted Resolution 2022-59 reaffirming that, due to the continuing COVID-19 Pandemic, a local emergency exists, re-ratifying the Proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing in-person and remote teleconferenced meetings of legislative and advisory bodies of the City of American Canyon for the period of July 19, 2022 to August 18, 2022 pursuant to the Ralph M. Brown Act.
10. Declaration of the Result of the Primary Election of June 7, 2022 - Ballot Measure IA and IB Action: Adopted Resolution 2022-60 of the City Council of the City of American Canyon reciting the fact of the primary election held on June 7, 2022, declaring the result and such other matters as provided by law.
11. Annual Granicus Agreement FY 2022-2023
Action: Adopted Resolution 2022-61 authorizing the City Manager to execute agreement(s) with Granicus for a combined amount not to exceed $54,100 for website and meeting management applications.
12. Watson Ranch Offsite Public Utility Project
Action: Adopted Resolution 2202-62 accepting the public improvements associated with the Watson Ranch Offsite Public Utility Project in conjunction with the Watson Ranch Specific Plan Project.
PUBLIC HEARINGS
There are no Public Hearing items.
BUSINESS
13. 2022 National Community Survey Report
Council received a staff report from Communications Manager Jen Kansanback with Damema Mann and Brandon Barnett of POLCO. Mayor Garcia called for public comments. Written comments: none. Oral comments: none. The public comments period was closed.
14. Ballot Measure "J"
Council received a staff report from City Manager Jason Holley. Mayor Garcia called for public comments. Frank Cappola was called to speak; Eve Kahn was called to speak; Gary Margadant was called to speak; Evan Beganski was called to speak; Chris James was called to speak. The public comments period was closed.
Action: Motion to adopt Resolution 2022-63 accepting the certification of the Napa County Registrar of Voters as to the sufficiency of the initiative petition entitled "Add 157 Acres Owned by Green Island Property, LLC to the City of American Canyon Urban Limit 7 Line and Amend the General Plan to Expand Potential City Industrial Development" made by Councilmember David Oro, seconded by Councilmember Mark Joseph, and CARRIED by roll call vote.
Ayes: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington Nays: None
Abstain: None
Absent: None
Excused: None
Action: Motion to adopt Resolution 2022-64 ordering the submission of "Measure J" to the qualified electors of the City, relating to the addition of 157 acres of property to the American Canyon Urban Limit Line and requesting consolidation of the measure with the General Election to be held on November 8, 2022, and increasing elections budget item 100-10-130-42160 by $50,000 from the unassigned general fund to accommodate the expenses of the Measure J addition made by Councilmember David Oro, seconded by Councilmember Mark Joseph, and CARRIED by roll call vote.
Ayes: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington Nays: None
Abstain: None
Absent: None
Excused: None
15. Water Supply and Demand Update, Enhanced Customer Portal Presentation Council received a staff report from Maintenance & Utilities Director Felix Hernandez, III with Water Systems Manager Dominic Patrick and Communications Manager Jen Kansanback.
16. Voting Delegate and Alternate(s) for the League of California Cities 2022 Annual Business Meeting
Council received a staff report from City Manager Jason Holley. Council directed by minute order to appoint Mayor Leon Garcia as the voting delegate, with no alternate selected.
Action: Motion to direct by Minute Order that Mayor Leon Garcia is designated as the Voting Delegate for the League of California Cities 2022 Annual Business Meeting made by Councilmember David Oro, seconded by Councilmember Mark Joseph, and CARRIED by roll call vote.
Ayes: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington Nays: None
8 Abstain: None
Absent: None
Excused: None
MANAGEMENT AND STAFF ORAL REPORTS
Council received management oral updates from Public Works Director Erica Ahman Smithies and Police Chief Rich Greenberg.
MAYOR/COUNCIL COMMENTS, COMMITTEE REPORTS, AND FUTURE AGENDA ITEMS
17. Council Committee Report - Councilmember Mark Joseph Mayor and Councilmembers made comments on items of community interest.
ADJOURNMENT
CERTIFICATION
Respectfully Submitted,
_____________________________________
Taresa Geilfuss, CMC, City Clerk
9 CITY COUNCIL AGENDA
AUGUST 2, 2022
STAFF REPORT
CONSENT
ITEM NUMBER: 2.
TITLE
Purchase of Camera System for Sewer Collections
RECOMMENDATION
Adopt a Resolu'on approving the purchase of Camera System for Sewer Collec'ons in the amount not to exceed $63,000.
CONTACT
Felix Hernandez, III, Maintenance and Utilities Director Chris Morris, Sewer Collections Supervisor
BACKGROUND & ANALYSIS
The Sewer Collec'ons Division maintains 54 miles of sanitary sewer mains that connect residents and businesses to the Water Reclama'on Facility. The Sewer Collec'ons Division responds to reports of sewer spills, back-ups, and monitors environmental compliance and water quality regulations.
California State regula'ons and execu've orders require all municipali'es to inspect their collec'on system. Sewer Collection Division's primary duties are:
1. Clean and Maintain the Collection System.
2. Inspect the Collection System.
3. Identify and Repair Deficiencies.
4. Protect Public Health.
The Sewer Collec'ons Division has been unable to fully inspect the City's sewer collec'on system due lack of a replacement camera system. The current camera is an'quated, broken and unable to be repaired any further. Purchasing of a new camera system will replace an'quated, unserviceable equipment and allow staff to restart inspec'on of the en're collec'on system more thoroughly and efficiently.
In 2014, there was li'ga'on by California River Watch which resulted in a se=lement agreement with the City. A por'on of the se=lement agreement requires the City to inspect the sewer collec'on system via closed-circuit television (CCTV). All requirements from the li'ga'on have been completed with the excep'on of CCTV inspec'on. Sewer collec'on system inspec'on is a 10 con'nuous process with state regula'ons requiring ci'es to inspect the en're system every ten years. The Sewer Collec'ons Division will realize an added benefit by u'lizing the new camera system for service calls and requests. This will allows staff to iden'fy and repair problem areas more efficiently. A camera system and a Vactor Truck are the two main tools u'lized by the Sewer Collections Division with most high functioning municipalities having this equipment on hand.
Staff have researched many camera systems and have concluded the Flexitrax C550-STD-C554 camera package is the best op'on for the City. The system is used to inspect underground facili'es, assess the condi'on of the piping, and find anomalies or defects. Typically, capital improvements projects are generated from these inspec'ons. The camera system selected is Geographic Informa'on System (GIS) compa'ble allowing staff to share cri'cal GIS informa'on with the Public Works Department for integration into the City's Capital Improvement Program.
In fiscal year 21/22, staff request quotes to contract sewer collec'on system CCTV inspec'ons. Staff contacted three (3) companies with only one response in the amount of $27,000 for inspec'on of 3 miles of pipe ($9,000/mile). The City's sewer collec'ons system consists of over 54 miles of pipe.
Presuming the $9,000/mile rate is sta'c, the City would incur a cost of $486,000 to inspect the entire system.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Infrastructure: "Develop and maintain infrastructure resources to support sustainable growth."
FISCAL IMPACT
Although the Fiscal Year 22/23 fiscal budget did not include funds for this equipment, it did included funds in account 540-50-575-42190 for the Collection Service CCTV service agreement in the amount of $50,000. (Miscellaneous Contractual Services). The remaining balance of $13,000 will be transferred from account 540-50-570-42310 (General Repairs and Maintenance). The total funds ($63,000) will be transferred to account 540-50-575-46130 (Major Equipment).
ENVIRONMENTAL REVIEW
15378(b) - The ac'on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec'ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.
ATTACHMENTS:
1. Resolution - Camera System
11 RESOLUTION NO. 2022-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON APPROVE
THE PURCHASE OF CAMERA SYSTEM FOR SEWER COLLECTIONS IN THE AMOUNT NOT TO EXCEED $63,000
WHEREAS, the Sewer Collections Division maintains ~54 miles of sanitary sewer mains that connect residents and businesses to the Water Reclamation Facility; and WHEREAS, the Sewer Collections Division responds to reports of sewer spills, back-ups, and monitors environmental compliance and water quality regulations; and WHEREAS, California State regulations and executive orders require all municipalities to inspect their collection system; and
WHEREAS, the Sewer Collections Division has been unable to fully inspect the City's sewer collection system due lack of a replacement camera system; and
WHEREAS, purchasing of a new camera system will replace antiquated, unserviceable equipment and allow staff to restart inspection of the entire collection system more thoroughly and efficiently; and WHEREAS, Staff have researched many camera systems and have concluded the Flexitrax C550-STD-C554 camera package is the best option for the City. The system is used to inspect underground facilities, assess the condition of the piping, and find anomalies or defects; and WHEREAS, funds from account 540-50-575-42190 in the amount of $50,000. (Miscellaneous Contractual Services) and from account 540-50-570-42310 in the amount of $13,000 (General Repairs and Maintenance). The total funds ($63,000) will be transferred to account 540-50-575-46130 (Major Equipment).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby approves the purchase of Camera System for Sewer Collections in the amount not to exceed $63,000 PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 2nd day of August, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Leon Garcia, Mayor
ATTEST: APPROVE AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 12 CITY COUNCIL AGENDA
AUGUST 2, 2022
STAFF REPORT
BUSINESS
ITEM NUMBER: 3.
TITLE
Property Exchange with Napa Valley Unified School District
RECOMMENDATION
Adopt a Resolu*on approving a Property Exchange and Acquisi*on Agreement to transfer approximately 5.6 acres of land where the community center/gymnasium is located to the Napa Valley Unified School District in exchange for receiving the 6.57-acre property where the former Napa Junc*on Elementary School is located (on Napa Junc*on Rd.) from the Napa Valley Unified School District.
CONTACT
Jason Holley, City Manager
BACKGROUND & ANALYSIS
The City of American Canyon and the Napa Valley Unified School District (NVUSD) are the two largest landowners in American Canyon. As the City’s popula*on grew from 6,200 people at incorpora*on in 1992 to nearly 22,000 people today, the City worked with the NVUSD to expand educa*onal opportuni*es here. Twenty-five years ago, this unique partnership manifested itself in the crea*on of a joint civic complex that includes the American Canyon Middle School (ACMS), a community center/gymnasium and the Philip West Aquatics Center (PWAC).
Tonight the Council will discuss the par*es' inten*on to collaborate on the future of school and civic sites within American Canyon. The discussions pertain to various proper*es, including the site of the former Napa Junc*on Elementary School (located on Napa Junc*on Road), the community center/gymnasium at ACMS, and vacant lands on Eucalyptus Drive and American Canyon Road. Key components of the new partnership include the City relinquishing its role as the co-owner of the community center/gymnasium and NVUSD transi*oning its ownership of the former Napa Junc*on Elementary school site to the City. The City and NVUSD intend upon accomplishing this exchange by through a "Property Exchange and Acquisition Agreement" (Attachment 2, Exhibit A).
Importantly, the City and NVUSD are commiDed to ensuring exis*ng civic facili*es will remain available for use by the community through the City’s and NVUSD’s respec*ve facility rental programs. As noted in a recent joint press release, NVUSD Superintendent Dr. Rosanna MuceE states, “It is our duty and responsibility to provide the best educa*onal programs for students 13 across the district, and this exchange will allow us flexibility for enhanced programs for American Canyon students. At the same *me, our collec*ve hope with the City is to maximize the space for the broader community – so we believe this exchange will represent a ‘win-win’ for everyone.” Meanwhile City Manager Holley added, “The future of the former school site is a ‘blank slate’ and aLer an agreement is finalized, the City Council will begin its process for listening to the community’s ideas and interests before ul*mately deciding its new future. The con*nued sharing of our respec*ve civic facili*es and maximizing their use remains essen*al for the community's benefit.
The City appreciates our collaborative relationship with NVUSD and values our partnership”. 100 Benton Way Property
The City currently owns a 9.66 acre-property (APN 058-040-026) located at 100 Benton Way, which is used for educa*on and community recrea*on purposes. The "L-shaped" property was dedicated by a developer to the former American Canyon County Water District in 1986, and it became a City asset at Incorporation in 1992 (Attachment 2, Agreement Exhibit A).
The "100 Benton Way Property" contains the community center/gymnasium, a por*on of the ACMS track and field, a temporary skateboard park, and the PWAC. Per "1997 Agreements" (Attachment 3), the NVUSD is a "tenant" of the City for the first 20-years and then star*ng July 1, 2022, the NVUSD and the City are to become "co-owners" of the gymnasium/community center. Additionally, each party retains separate sole ownership of the ACMS and PWAC respectively.
Unfortunately, the 1997 Agreements are rela*vely silent as to details of the future transi*on from landlord-tenant rela*onship to one of co-ownership. Of note, the NVUSD is not a tenant nor do they "co-own" any other educa*onal facili*es districtwide. Suffice it to say, standards for educa*onal facili*es and the general public are different. Prospec*vely this juxtaposi*on is likely resolve in favor of the most conservative conditions.
For example, the ACMS track/field straddles the ACMS Property and 100 Benton Way Property. The maintenance standards for this facility are not severable based upon separate ownership and must meet the more strict CA Department of Educa*on (Cal-Ed) and NVUSD requirements. Under a coownership scenario, the City may have to pay for a por*on (if not all) of any needed repairs, even though it rarely uses the facility. Likewise, this concept holds true for the gymnasium/community center itself - a 20-year old building approaching significant lifecycle maintenance costs (e.g. roof replacement, etc.) Lastly, aLer discussing future co-ownership issues with the "NVUSD 2x2 CommiDee" (Joseph/Washington), it also became clear changes to allowable uses at the building were imminent. In par*cular, consistent with State Law (California Business and Professions Code Sec*on 25608) and NVUSD policy, the use of alcohol would be prohibited at the community center/gymnasium.
Under the proposed agreement, the City would relinquish its (impending) co-ownership of a 5.6- acre por*on of the 100 Benton Way Property through the execu*on of a Quitclaim Deed (dashed area shown on ADachment 2, Agreement Exhibit B). The community center/gymnasium, a por*on of 14 the ACMS track and field, a temporary skateboard park are all located on the por*on of land to be transferred to NVUSD. The PWAC would stay under City ownership on a new (smaller) parcel.
Prospec*vely, the gymnasium will be available for City and community use consistent with the NVUSD policies and facility rental program. Addi*onally, the temporary skateboard park will be relocated to a loca*on that is s*ll TBD. Lastly, the northern (rear) of the property will be secured in the same manner as the northern boundary of the ACMS property to prevent unauthorized access and thus, pedestrians will no longer access the property from the north.
Former Napa Junction Elementary School Property
NVSUD owns a 6.57-acre property (APN 058-320-0015) which is the site of the (former) Napa Junc*on Elementary School (“Napa Junc*on Rd. Property”). Napa Junc*on Elementary was moved from its former loca*on due to the damage from the 2014 earthquake and recently opened a brandnew campus on Eucalyptus Drive. The City's acquisi*on of the Napa Junc*on Rd. Property is for public community and recrea*on purposes and to con*nue vehicle access for Napa Junc*on Road.
The property abuts the 7-acre LiDle League Field - which came under City ownership in conjunc*on with the 1997 Agreement and is an example of the prior land exchange. All told, the City would own
13.5-acres of land bounded by Napa Junc*on Rd. and Hess Road (on 2 sides) (ADachment 2, Agreement Exhibit C). While the exis*ng buildings can be re-used, development of new buildings will be constrained by the presence of earthquake faults. Unoccupied facili*es such as new parks, ballfields, parking lots and unoccupied structures would not be constrained.
In the near term, the City intends to develop a full-*me opera*onal presence on a por*on of the now vacant property to prevent vandalism, etc. Addi*onally, the mul*-purpose room (with kitchen) and classrooms are intended to be made available for public through the City's facility rental program. Long-term, the property is a blank slate. Strategically located next to the City-owned LiDle League Field and underdeveloped property to the east, there are numerous opportuni*es for public serving amenities.
General Plan Conformity
Consistent with California Government Code Sec*on 65402, on May 26, the Planning Commission unanimously confirmed the proposed exchange of public proper*es conforms with the City's General Plan (ADachment 4). Of note, the Commission determined the City's co-ownership interests in a por*on of the "100 Benton Way Property" containing the community center/gymnasium et al. to be exchanged to the District will be unnecessary for the City as it will be gaining the Napa Junc*on Rd. Property from the District intended for community and recrea*on purposes and to con*nue vehicle access to implement, consistent with Government Code Sec*on 65103(b) its General Plan, 2018 Circula*on Element (Pps. 11, 13), designa*ng Napa Junc*on Road as a minor and major collector.
General Plan Update - Land Use Element
The City is currently processing a comprehensive update to its General Plan, including the Land-Use 15 Element. On May 5 and June 7, the City Council reviewed the General Plan Update DraL Environmental Impact Report (DEIR) No*ce of Prepara*on (NOP), which included poten*al changes to the Land-Use Element (ADachment 4). The Agreement provides that City staff will include residen*al land-use designa*ons for certain undeveloped parcels of land adjacent to the (new) Napa Junc*on Elementary School and the American Canyon High School, and these changes are shown in the DEIR NOP. The changes shown in the DEIR NOP will incorporated into the DraL General Plan, which will be available for further review and comment by the public, before considera*on/approval by the Council.
Next Steps
Assuming the Council approves the Agreement tonight, then the NVUSD Board is scheduled to consider items related to this property exchange at an upcoming meeting in August.
On August 4, the Parks and Community Services Commission will consider recommenda*ons to City Council for loca*ons to relocate the skate park, which is scheduled to be brought forward for Council consideration on August 16.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Community and Sense of Place: "Build on the strength of our local community to develop a clear 'sense of place' and establish our unique identity."
FISCAL IMPACT
Increased Future Costs
The Agreement will result in increased one-*me costs of at least approximately $100k for the reloca*on of the temporary skate park. One-*me costs for renova*ons of the former school property have not been determined and will depend upon future decisions about short-term and long-term uses. Addi*onally, the City's is expected to incur increased on-going costs to for ren*ng the gymnasium. If all of the current recrea*on programing remains at the gymnasium, the cost is es*mated to be $60k; however, staff an*cipates moving some programming to the Napa Junc*on Rd. location to reduce cost.
Avoided Future Costs
The Agreement is expected to contain "as-is" provisions - meaning each party is solely responsible for future maintenance costs, liabili*es, etc. Thus, all future costs to maintain/repair/replace the ACMS track and field, gymnasium etc. up to "educa*on standards" will be borne by the NVUSD.
Near-term es*mates of the costs for the ACMS track and field exceed one million dollars. Future costs for the building have not been estimated, but expected to be significant.
ENVIRONMENTAL REVIEW
The Project is exempt under the California Environmental Quality Act (Pub. Res. Code § 21000 et seq., "CEQA") as it is not a "Project" under CEQA Guidelines § 15378(b), and is categorically exempt under CEQA Guidelines § 15312-sale of surplus government property, and statutorily exemp*on 16 under Government Code § 65996: Methods of considering and mi*ga*ng impacts on school facilities.
ATTACHMENTS:
1. Resolution - Napa Valley Unified School District
2. Exhibit A - Property Exchange and Acquisition Agreement
3. 1997 Agreement
4. PC Resolution GP Conformity
5. Excerpt from General Plan Update Draft EIR NOP
17 RESOLUTION NO. 2022-______
A RESOLUTION APPROVING A PROPERTY EXCHANGE AND ACQUISITION AGREEMENT TO TRANSFER APPROXIMATELY 5.6 ACRES OF LAND WHERE THE COMMUNITY CENTER/GYMNASIUM IS LOCATED TO THE NAPA VALLEY UNIFIED SCHOOL DISTRICT IN EXCHANGE FOR RECEIVING THE 6.57-ACRE
PROPERTY WHERE THE FORMER NAPA JUNC ON ELEMENTARY SCHOOL IS LOCATED (ON NAPA JUNCTION RD.) FROM THE NAPA VALLEY UNIFIED SCHOOL DISTRICT.
WHEREAS, City is the fee owner of 9.66 acres of real property (APN 058-040-026) known as the Community Center/American Canyon Middle School Gym/Track property ("Community Center/ACMS Gym Property"); and
WHEREAS, pursuant to that certain 1997 Agreement between the Parties for Construction and Development of the American Canyon Middle School, Gymnasium/Civic Center and Aquatic Center, the gym building located on the Community Center/ACMS Gym Property was intended to revert to joint ownership between City and Napa Valley Unified School District (District) upon payment in full of the City’s debt related to said building; and
WHEREAS, City’s debt related to said building is now paid; and WHEREAS, instead of joint ownership of the gym building, District now desires sole fee ownership of approximately 5.6 acres of the Community Center/ACMS Gym Property (“City Exchange Property”) – including the gym building - to facilitate and enhance the provision for District educational services in the City and the District; and
WHEREAS, the District is the fee owner of 6.57 acres of real property (APN 058-320-015) which is the former site of the Napa Junction Elementary School (“District Exchange Property”); and WHEREAS, City desires fee ownership of the District Exchange Property for use for community and recreation purposes and to supplement vehicle access to implement, consistent with Government Code section 65103(b) and its General Plan, 2018 Circulation Element (Pgs. 11, 13, designating Napa Junction Road as a minor and major collector to the Oat Hill Residential Project); and, WHEREAS, the Parties will mutually benefit by exchange (“Property Exchange”) of the District Exchange Property and the City Exchange Property (“Subject Properties”) on an “as-is” transactional basis; and WHEREAS, the City Planning Commission reported on May 26, 2022, that exchange of Subject Properties conforms with the adopted City General Plan under Government Code section 65402; and WHEREAS, the City Council provided public notice of the Property Exchange at a duly noticed public meeting on June 7, 2022; and
WHEREAS, the District is also the fee owner of that certain undeveloped parcels of land adjacent to the (new) Napa Junction Elementary School and the American Canyon High School (“Remnant District Parcels”); and
18 WHEREAS, the City is currently processing an update to its Comprehensive General Plan, for which City staff will include residential land-use designations for the Remnant District Parcels in the Draft Land Use Element.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves and authorizes the City Manager to modify as necessary – subject to approval by the City Attorney – and then execute the Property Exchange and Acquisition Agreement attached hereto as Exhibit A.
NOW, THEREFORE, BE IT FURTHER RESOLVED that consistent with Government Code 27281, the City Council hereby authorizes the City Manager to any and all action necessary to accept real property of behalf of the City as described in the Property Exchange and Acquisition Agreement.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council hereby determines the Property Exchange is not a "Project" subject to environmental review under California Environmental Quality Act pursuant to California Code of Regulations Section 15378(b), is categorically exempt under CEQA Guidelines § 15312-sale of surplus government property, and statutorily exempt under Government Code § 65996: Methods of considering and mitigating impacts on school facilities.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 2nd day of August 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney Exhibit A - Property Exchange and Acquisition Agreement 19 {SR731224}
1 PROPERTY EXCHANGE AND ACQUISITION AGREEMENT
This Property Exchange and Acquisition Agreement (“Agreement”) is entered into by the Napa Valley Unified School District (“District”), and the City of American Canyon (the “City”), a municipal corporation. District and the City are sometimes collectively referred to herein as the “Parties” or each individually as a “Party.”
RECITALS
WHEREAS, City is the fee owner of 9.66 acres of real property (APN 058-040-026) known as the Community Center/American Canyon Middle School Gym/Track property ("Community Center/ACMS Gym Property") located in the City in Napa County, California, as more specifically depicted in Exhibit “A” attached hereto and incorporated herein by this reference, and pursuant to that certain Agreement between the Parties for Construction and Development of the American Canyon Middle School, Gymnasium/Civic Center and Aquatic Center, the Parties jointly own the gym building located on the Community Center/ACMS Gym Property, or said building will revert to joint ownership upon payment in full of the City’s debt related to said building; and,
WHEREAS, the District desires fee ownership of approximately 4.6 acres of the Community Center/ACMS Gym Property as more specifically depicted in Exhibit “B” (“City Exchange Property”) to facilitate and enhance the provision for District educational services in the City and the District; and, WHEREAS, the District is the fee owner of 6.57 acres of real property (APN 058-320-015) which is the former site of the Napa Junction Elementary School (“District Exchange Property”), located in the City in Napa County, California, as more specifically depicted in Exhibit “C” attached hereto and incorporated herein by this reference; and,
WHEREAS, City desires fee ownership of the District Exchange Property for use for community and recreation purposes and to supplement vehicle access to implement, consistent with Government Code section 65103(b) and its General Plan, 2018 Circulation Element (Pgs. 11, 13, designating Napa Junction Road as a minor and major collector to the Oat Hill Residential Project); and, WHEREAS, the Parties will mutually benefit by exchange of the District Exchange Property and the City Exchange Property, as subsequently described in this Agreement (jointly, “Subject Properties”) on an “as-is” transactional basis; and,
WHEREAS, the City Planning Commission reported on May 26, 2022, that exchange of Subject Properties conforms with the adopted City General Plan under Government Code section 65402; and, WHEREAS, the District is also the fee owner of that certain parcel of land within the City, the “American Canyon Road Site” as depicted in attached Exhibit “D,” as well as that certain parcel of land identified as APN 058-030-067-000, a portion of which is undeveloped and hereinafter referred to as the “Eucalyptus Drive Site,” as depicted in attached Exhibit “E.” The American Canyon Road Site and the Eucalyptus Drive Site are sometimes referred to as the “Remnant District Parcels” in this Agreement; and, WHEREAS, the City is currently processing an update to its Comprehensive General Plan, which will include land-use designations in its Land Use Element.
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2 NOW, THEREFORE, incorporating the foregoing Recitals, the Parties agree as follows:
1. Property Exchange. The Parties shall cooperatively accomplish the following transactions to effectuate the property exchange:
a. The City will convey fee title to the City Exchange Property, including all right, title, and interest to all buildings and improvements located thereon, to the District by quitclaim deed substantially in the form attached as Exhibit “F” hereto (“City Exchange Property Quitclaim Deed”). b. The District will convey fee title to the District Exchange Property, including all right, title, and interest to all buildings and improvements located thereon, to the City by quitclaim deed substantially in the form attached as Exhibit “G” hereto (“District Exchange Property Quitclaim Deed”).
2. Conditions of Property Exchange.
a. Conditions applied to District and City:
i. The Subject Properties will be transferred to the District and the City, respectively, in an “as-is” condition.
ii. The shared ownership/operation of Community Center/ACMS Gym Property by District and City will terminate as described in this Agreement. All past agreements regarding ACMS Gym Property not specifically referenced in this Agreement - including but not limited to - that certain March 20, 1997 Sublease and Joint Use Agreement between the Parties will terminate as of the Closing (as that term is defined in Section 8(b) hereof). iii. Respective “Title(s)” to the Subject Properties shall be "free and clear" of any and all encumbrances before the Closing, including but not limited to removal of any current debt obligations secured by either of the Subject Properties. The intent is for the Subject Properties to be unencumbered at the time of Closing.
iii.iv. The Parties will take all actions reasonably necessary to cause the existing License Agreement ("License Agreement") made and entered into July 23, 2020, by the City and Pacific Gas & Electric Company (“PG&E”) to be replaced and superseded by a new license agreement between the City, the District and PG&E.
iv.v. Promptly after the Closing, the Parties will notify any 3rd-party users of the Subject Properties about change in ownership and termination of use. vi. After Closing, each Party will be responsible for paying the cost of utility services to their respective property.
b. City Obligations.
i. On or prior to the Effective Date, City will cease renting facilities at the City Exchange Property to community groups and other third-party users. In the event that City has scheduled any such rentals, District will honor scheduled rentals through September 5October 30, 2022; provided, however, that the Parties will cooperate with one another to resolve any issues related to such rentals affecting District use or school activities. City shall take all actions necessary to cancel such rentals 21 {SR731224}
3 scheduled after September 5October 30, 2022. City shall provide District with reasonable documentation evidencing any such cancellations.
ii. City will remove the skate park within one-hundred-eighty (180) days of the Agreement Closing Date. District will grant City a temporary right of entry valid for one-hundred-eighty (180) days from the Agreement Closing Date to accomplish removal. District shall have the right in its sole discretion to fence off the skate park area so long as such fencing does not prevent the City from removing the skate park.
iii. As evidenced by that certain “Notice of Preparation of the City of American Canyon General Plan Update”, dated July 5, 2022 (Exhibit “H”), City has designated City Staff will designate the Remnant District Parcels as “Residential” in the Draft General Plan Land Use Element, with residential density similar to the immediately surrounding area.
iv. The Remnant District Parcels will receive a residential land use designation in the City Draft Comprehensive General Plan Update.
v.iv. City will ensure that all school impact fees required for the Oat Hill Residential Project (“Project”) pursuant to Education Code sections 17620, et seq., and Government Code sections 65995, et seq. (“Fees”), are provided to the District prior to Closing. through Escrow within thirty (30) days of the Effective Date. Fees will be based on the amount of fees calculated for the Project at the time of payment.
In the event that the rate of such Fees increases subsequent to payment but prior to the City issuing any building permits for the Project, the District shall be entitled to collect the increased amount. City agrees not to issue any building permits for the Project unless and until the increased amount of Fees, if any, has been paid to the District, as evidenced by the certification required by Education Code section 17620(b).
In the event that City issues any building permit(s) for the Project prior to receipt of said certification from the District, then the City will be jointly and severally liable to the District, along with the Project developer, for any increased amount of Fees owing.
c. District Obligations.
i. Consistent with the “Civic Center Act” and other applicable state law, District shall allow the American Canyon community to continue to use ACMS Property, subject to adopted District policies/fee schedule.
ii. On or before the Closing Date, City will cooperate with the District and take all actions reasonably necessary to cause the existing License Agreement ("License Agreement") made and entered into July 23, 2020, by the City and Pacific Gas & Electric Company (“PG&E”) to be replaced and superseded by a new license agreement between the District and PG&E. If a new license agreement cannot be obtained, then the District shall have the right to terminate this Agreement. iii.ii. District has no obligation to maintain existing pedestrian access across ACMS Property. iv.iii. District has no obligation to maintain any trees or, vegetation, or bank of the Rio Del Mar Creek that may be located on the ACMS Property. Notwithstanding the foregoing, any changes to the physical environment remain subject to local, state, and federal laws and regulations. Given that the pedestrian pathway bifurcates City Exchange Property, it is understood and acknowledged by the City that the community will likely not have access to the trees or vegetation through said Property after the exchange.
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4 3. Consideration. In consideration of the property exchanges provided herein, the City, shall convey the City Exchange Property via quitclaim deed to the District, and the District shall convey the District Exchange Property via quitclaim deed to the City. No additional compensation will be owed to by either Party to the other. The total consideration provided to the City for the conveyance of the City Exchange Property consists of the District Exchange Property and the District’s performance of the terms and conditions of this Agreement. The total consideration provided to the District for the conveyance of the District Exchange Property to the City consists of the City Exchange Property and the performance of the terms and conditions of this Agreement. Except as to any costs contemplated by this Agreement, there will be no cost to either the City or the District in connection with the Property Exchange. Except as otherwise provided herein, each Party is responsible for its own costs, fees, and charges necessary to complete the property exchange contemplated under this Agreement.
4. Costs. The Parties are responsible for their respective costs of staff and administrative time, or any other costs of performing their respective obligations under this Agreement, including but not limited to attorneys’ fees related to drafting, reviewing, negotiating, and implementing the terms of this Agreement.
5. Representations and Warranties.
a. City covenants, represents, and warrants the following:
i. Full Authority to Convey All Interest in the City Exchange Property.
City has the full right, power, and authority to execute this Agreement, has the full right, power, and authority to perform all of the obligations hereunder, and has the full right, power and authority to dispose of or otherwise convey the City Exchange Property as described herein. ii. Compliance with Applicable Law and No Pending Litigation Against the City Exchange Property. To the best of City’s actual knowledge, there is no violation of federal, state, or local law, code, ordinance, rule, regulation or requirement, nor is there any pending or threatened litigation in connection with the City Exchange Property which would prohibit the conveyance of the City Exchange Property, or the use of the City Exchange Property for the District’s intended purposes. iii. No Liens Securing Payment or Other Obligations on City Exchange Property. City warrants that the City Exchange Property is not encumbered, or will not be encumbered by the Closing Date, by liens securing payment or other obligations which, if not performed, would entitle a third party or entity to foreclose on the City Exchange Property as collateral. Except as specifically disclosed to District in writing, City has not, and shall not without the prior written consent of District prior to the Closing Date, made any written commitments or agreements materially and adversely affecting the City Exchange Property, or any part thereof, or any interest therein, which will survive the Close of Escrow (as defined below), including agreements regarding the sale, rental, management, repair, or other matters affecting the City Exchange School Property. The Parties mutually acknowledge that certain rental agreements involving the Community Center/ACMS Gym Property will be honored as provided in Agreement Section 2.b.i., above.
iv. Survival. City’s representations, warranties, and obligations under this section 5 shall survive the Closing Date.
b. District covenants, represents and warrants the following:
i. Full Authority to Convey All Interest in the District Exchange Property.
The District has the full right, power, and authority to execute this Agreement, has the full right, power, and authority to perform all of the obligations hereunder, has the full right, power and authority to dispose 23 {SR731224}
5 of or otherwise convey the District Exchange Property as described herein. ii. Compliance with Applicable Law and No Pending Litigation Against the District Exchange Property. To the best of the District’s actual knowledge, there is no violation of federal, state, or local law, code, ordinance, rule, regulation or requirement, nor is there any pending or threatened litigation in connection with the District Exchange Property which would prohibit the conveyance of the District Exchange Property or prohibit the use of the District Exchange Property for City’s intended purposes.
iii. No Liens Securing Payment or Other Obligations on District Exchange Property. The District warrants that the District Exchange Property is not encumbered, or will not be encumbered by the Closing Date, by liens securing payment or other obligations which, if not performed, would entitle a third party or entity to foreclose on the District Exchange Property as collateral. Except as specifically disclosed to City in writing, District has not, and shall not without the prior written consent of City prior to the Closing Date, made any written commitments or agreements materially and adversely affecting the District Exchange Property, or any part thereof, or any interest therein, which will survive the Close of Escrow, including agreements regarding the sale, rental, management, repair, or other matters affecting the District Exchange Property.
iv. Survival. The District’s representations, warranties, and obligations under this section 5 shall survive the Closing Date.
c. Incorrect Representations. If, by the Closing Date, either Party becomes aware of facts or circumstances which would make any of the other Party’s representations or warranties materially incorrect, the initial Party shall have the right to either: (i) terminate the Agreement, or (ii) waive such condition and proceed to Close of Escrow in accordance with this Agreement in which case the representations and warranties hereunder shall be deemed modified and remade to incorporate such fact or circumstance as an exception thereto.
6. Due Diligence / Condition of Title and Title Review. a. Title. The Parties agree to take title to the Subject Properties in an “as-is” condition.
b. Due Diligence and Feasibility. The Parties shall have the period commencing from the date of the first public notice of the impending property transfer (June 7, 2022) on the Effective Date and ending on the date that is thirty (30) sixty (60) days thereafter (“Feasibility Period”) to review the condition of the Subject Properties, and conduct any and all appropriate tests and inspections they determine necessary or as required by state and local law. Each Party’s obligations under this Agreement are conditioned upon the Party’s approval of and satisfaction with the condition of the City Exchange Property or the District Exchange Property for each Party’s intended use. During the Feasibility Period, the District shall have the right to disapprove of the City Exchange Property, and the City shall have the right to disapprove of the District Exchange Property, but providing written notice to the other Party, upon receipt of which this Agreement shall terminate and neither Party shall have any further rights or obligations with respect to the other Party in connection with this Agreement, except as otherwise expressly provided in this Agreement.
During the Feasibility Period, each Party shall permit the other Party and its authorized agents to enter onto the City Exchange Property or the District Exchange Property, as applicable, for the purpose of making engineering, geological, planning, development and other studies, inspections and tests.
Each Party agrees to conduct such entry and any inspections in connection therewith so as not to cause any 24 {SR731224}
6 disruption and otherwise in a manner reasonably acceptable to the other Party. Each Party shall notify the other, in writing, if it intends to conduct any testing. In the event that a Party performs testing or destructive investigation, that Party shall be responsible for returning the City Exchange Property or the District Exchange Property, as applicable, to the condition existing prior to such testing or destructive investigation.
Each Party shall indemnify, defend, and hold harmless the other Party and its governing body, employees, representatives, and agents from and against any and all damages, demands, claims, losses, liabilities, injuries, penalties, fines, liens, judgments, suits, actions, investigations, proceedings, costs and expenses whatsoever (including, without limitation, reasonable attorney fees and costs) arising out of or relating to any physical harm, physical damage, or personal injury or death caused by entry on the other Party’s property pursuant to this Agreement. The foregoing indemnity shall survive beyond the Close of Escrow or, if the exchange is not consummated, beyond the termination of the Agreement. c. Free of Debts and Encumbrances. The City warrants that the City Exchange Property shall be transferred to the District free and clear of monetary encumbrances, including that no current debt obligations are secured by the City Exchange Property. The District warrants that the District Exchange Property is free and clear of monetary encumbrances, including that no current debt obligations are secured by the District Exchange Property.
d. Title Review Period. As soon as possible, but in no event later than five (5) business days after the Effective Date, the The Parties shall cause Title Company to provide both Parties with Preliminary Title Reports issued by the Title Company as to the respective conditions of title of the City Exchange Property and the District Exchange Property, along with copies of all underlying title exception documents. Each Party shall then have a period of fifteen (15)thirty (30) days beginning on the day that all Preliminary Title Reports have been received by both Parties (July 5, 2022) (the “Title Review Period”) to review, approve, or disapprove the status of title to the respective property it will be receiving under this Agreement.
e. Optional Title Insurance. During the Title Review Period, either Party may elect to have the Title Company issue a title insurance policy (“Title Policy”) guaranteeing the Party requesting the Title Policy as fee owner of its respective property to be received pursuant to the property exchange.
Any Title Policy issued pursuant to this Agreement must be issued on or shortly after Close of Escrow.
Each Party shall bear the costs of its own respective Title Policy. f. Disapproved Title Exceptions. Either Party (the “Disapproving Party”) may, before the expiration of the Title Review Period, give written notice to the other Party and the Title Company that it disapproves of any of the exceptions to title shown in the Preliminary Title Report for the property it will be receiving under this Agreement (“Disapproved Title Exceptions”). Upon receipt of notice that a Party disapproves of certain title exceptions to the property it will be receiving under this Agreement, the Parties, for a period of fourteen (14) days after Title Company’s receipt of the Disapproved Exceptions (“Title Correction Period”), shall cooperate in causing the Title Company to remove or endorse over the Disapproved Title Exceptions from the Title Policy to the satisfaction of the Disapproving Party.
Either Party may, but shall not be obligated to, pay for the costs of removing or endorsing over any Disapproved Title Exceptions to the satisfaction of the Disapproving Party prior to the expiration of the Title Correction Period. Should the Title Company refuse to remove or endorse over any Disapproved Title Exceptions within the Title Correction Period, the Disapproving Party may terminate this Agreement without further penalty by notifying the other Party and Title Company in writing prior to expiration of the Title Correction Period. If a Disapproving Party does not notify the other Party and the Title Company of any Disapproved Title Exceptions, or if a Disapproving Party does not terminate the Agreement after submitting Disapproved Title Exceptions in accordance with the requirements of this Section, that Party 25 {SR731224}
7 shall be deemed to have elected to proceed to Close of Escrow, pending satisfaction of all other terms and conditions of this Agreement.
7. Conditions to Closing.
a. District’s obligation to proceed with the property exchange is subject to the fulfillment of the following conditions, each of which is for the benefit of District and any or all of which may only be waived by District in writing at its option:
i. City shall deposit into Escrow, on or prior to the Closing Date, a fully executed, notarized, and otherwise complete and binding version of the City Exchange Property Quitclaim Deed conveying all of City’s right, title, and interest in and to the City Exchange Property to the District. ii. City shall deposit into Escrow, on or prior to the Closing Date, a fully executed and otherwise complete and binding certificate of acceptance for the District Exchange Property. iii. If District elects to obtain a Title Policy, then Title Company shall have issued to District on or before the Closing Date, in a form satisfactory to District, a binding commitment to issue a Title Policy to District.
iv. The Fees shall have been paid pursuant to section 2.b.v hereof. v. City’s covenants, representations, and warranties shown above shall be true as of the Closing Date.
vi. City must not be in breach or default of any of its obligations under this Agreement.
vii. The City will have deposited with the Title Company all of the items required of it under this Agreement, and all title costs, fees, and charges for which it is responsible, as necessary to complete the property exchange.
b. City’s obligation to proceed with the property exchange is subject to the fulfillment of the following conditions, each of which is for the benefit of City and any or all of which may only be waived by City in writing at its option:
i. District shall deposit into Escrow, on or prior to the Closing Date, a fully executed, notarized, and otherwise complete and binding version of the District Exchange Property Quitclaim Deed conveying all of District’s right, title, and interest in and to the District Exchange Property to the City.
ii. District shall deposit, on or prior to the Closing Date, a fully executed and otherwise complete and binding certificate of acceptance for the City Exchange Property. iii. If City elects to obtain a Title Policy, then Title Company shall have issued to City on or before the Closing Date, in a form satisfactory to District, a binding commitment to issue a Title Policy to City.
iv. District’s covenants, representations, and warranties shown above shall be true as of the Closing Date.
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8 v. District must not be in breach or default of any of its obligations under this Agreement.
vi. The District will have deposited with the Title Company all of the items required of it under this Agreement, and all title costs, fees, and charges for which it is responsible, as necessary to complete the property exchange.
8. Escrow and Closing.
a. Escrow. The Parties will accomplish the property exchange contemplated by this Agreement through an escrow company. As soon as practicable, but in no event later than five (5) business days following the Effective Date, as defined below, no later than August 25, 2022, the Parties shall cause to be delivered a fully executed copy of the Agreement to First American Title Insurance Company, located at 497 Walnut Street, Napa, California 94559 (“Escrow Holder” or “Title Company”). Such delivery shall constitute the opening of escrow (“Escrow”) for the property exchange (“Opening of Escrow”). The Parties shall provide Escrow Holder with supplemental escrow instructions, if necessary, and any other documents necessary to open Escrow for the property exchange as contemplated by this Agreement. b. The Closing. The “Closing” or “Closing Date” shall mean the date upon which the quitclaim deeds transferring title to the Subject Properties to the District and the City, respectively, are recorded with the Napa County Recorder. The Parties agree to schedule a future date to effectuate Closing.
Close of Escrow shall take place on the later to occur of: (i) thirty (30) days after expiration of the Feasibility Period; or (ii) five (5) days after both Parties have confirmed to the Title Company, in writing, that all covenants and conditions in this Agreement have been satisfied or waived, and that the Parties are prepared to proceed to Close of Escrowno later than August 30, 2022. c. Signing of Other Documents; Compliance with Regulations. The Parties agree to cooperate and take all actions and sign all documents that are reasonably necessary for the Closing to occur consistent with the terms of this Agreement. Furthermore, the Parties will comply at their own expense with all applicable laws and governmental regulations required for the Closing to occur, including, but not limited to, any required filings with governmental authorities. d. Closing Costs and Prorations. All Escrow and Closing costs shall be split equally between the District and the City. All revenues and expenses relating to the Subject Properties, including without limitation, assessments, utility charges and the like, shall be prorated on an accrual basis as of the Close of Escrow. The Parties will cooperate with one another to ensure that utility and service accounts are terminated or assigned to the other Party consistent with the acquiring Party’s preference. e. Escrow Cancellation Charges. If Escrow fails to close because of the default of either Party, the defaulting Party shall be liable for all Escrow cancellation charges. If Escrow fails to close for any other reason, the Parties will equally share payment of all Escrow cancellation charges. f. Title Company’s Obligations on the Closing.
i. The Title Company will provide the Parties with pro forma closing statements prior to Close of Escrow.
ii. Upon satisfaction of all conditions contained in Section 7 of this Agreement, Escrow Holder shall cause to be recorded with the Napa County Recorder’s Office on the Closing Date: (1) the District Exchange Property Quitclaim Deed, (2) the City Exchange Property 27 {SR731224}
9 Quitclaim Deed, (3) all executed certificates of acceptance, and (4) all other documents necessary in order to accomplish the property exchange.
iii. Perform such other duties as, in the opinion of the Title Company, are necessary to carry out the terms and provisions of this Agreement. iv. At or prior to Closing, Escrow Holder shall release the Fees to the District. g. Distribution of Closing Documents. Title Company will deliver by mail and distribute the following documents promptly after Close of Escrow to the addresses set forth in Section 10:
i. To the District, after recordation, the original of the City Exchange Property Quitclaim Deed.
ii. To the City, after recordation, the original of the District Exchange Property Quitclaim Deed.
iii. To the District and/or City, copies of any Title Policies ordered pursuant to this Agreement.
iv. To the District and City, copies of such other documents, if any, not referenced herein and which are recorded at the Closing.
9. Cooperation in the Event of Legal Challenge. In the event of any administrative, legal, or equitable action or other proceeding instituted by any person not a party to this Agreement challenging the validity of any provision of this Agreement or all actions, discretionary or ministerial, relating to the exchange of the Subject Properties, the Parties will agree to jointly defend the validity and implementation of the Agreement and to cooperate with one another to the extent practicable in defending against the claims so asserted, with each Party bearing its own attorneys’ fees and costs in connection with the defense of the Agreement. Participation in a joint defense as contemplated by this Agreement shall not constitute representation by counsel by one Party for another Party, nor shall such participation be grounds to disqualify counsel or experts from representing any Party. Further, each Party agrees to waive any conflict that may be created between Parties and/or their counsel and experts as a result of this Agreement. The Parties shall cooperate in defending such action or proceeding to settlement, stipulation, or final judgment including all appeals; provided, however, that nothing in this Section shall be construed as requiring either Party to defend a lawsuit or other administrative, legal, or equitable action or proceeding if such Party determines, in its sole and absolute discretion, that it would not be financially or otherwise prudent to do so.
10. Notices. Any notice, request, demand or other communication required or permitted to be given hereunder shall be in writing, may be personally served, telecopied, telexed or sent by an internationally recognized overnight delivery or courier service and shall be deemed to have been given when delivered in person or by courier or overnight service or upon receipt of a telecopy or telex, addressed to the recipients as follows:
The District: Napa Valley Unified School District
Attn: Rosanna Mucetti, Superintendent
2425 Jefferson St.
Napa CA 94558
With a copy to: Kelly Rem, Esq.
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10 Lozano Smith
2001 North Main Street, Suite 500
Walnut Creek, CA 94596
[email protected]
The City: Jason B. Holley, City Manager
4381 Broadway Street, Suite 201
American Canyon, CA 94503
With a copy to: Law Offices of William D. Ross
Attn: William Ross, City Attorney
400 Lambert Street
Palo Alto, CA 94306
[email protected]
Either Party may change its address by giving notice thereof to the other Parties in accordance with this Section.
11. General Provisions
a. Successors and Assigns; Covenants run with the Land. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns, and on all parties having or acquiring any right, title or interest in the parcels described above or any part thereof, and all of the covenants and conditions herein shall run with the land. b. Further Assurances. Each Party agrees to cooperate with the other Party and take all actions reasonably required to carry out the intentions of the Parties under this Agreement. c. Applicable Law and Venue. This Agreement shall be governed by and interpreted under the laws of the State of California. The venue for any legal action in State court filed by a Party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement shall be in the Superior Court of California, County of Napa. The venue for any legal action in Federal court filed by a Party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement within the jurisdiction of the Federal courts shall be the Northern District of California. The appropriate venue for arbitration, mediation, or similar legal proceeding under this Agreement shall be in Napa County, California; however, nothing in this Agreement shall obligate a Party to submit to arbitration any dispute arising under this Agreement.
d. Attorneys’ Fees. If any dispute arises under or by reason of this Agreement, the Party prevailing in such dispute shall be entitled to recover its costs, including reasonable attorneys’ fees.
Attorneys' fees under this Section shall include attorneys' fees on any appeal and, in addition, a Party entitled to attorneys' fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. In addition to the foregoing award of attorneys' fees to the prevailing Party, the prevailing Party in any lawsuit shall be entitled to its attorneys' fees incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.
e. Entire Agreement. This Agreement and the other documents and agreements referenced herein embody the entire agreement and understanding between the Parties hereto relating to the subject matter hereof, and supersede all prior negotiations, agreements and understandings, oral or written, with respect to that subject matter.
29 {SR731224}
11 f. Modification: Waiver. This Agreement may be amended, waived or discharged only by an instrument in writing executed by the Party against whom enforcement of such amendment, waiver or discharge is sought, expressly indicating the intention to amend, waive or discharge this Agreement. No waiver by any Party or any failure or refusal by another Party to comply with its obligations shall be deemed a waiver of any other or subsequent failure or refusal to so comply. g. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Signatures delivered electronically or by facsimile shall be as binding as originals upon the Parties so signing and delivering.
h. Effective Date. The Effective Date shall be that date on which all Parties have executed this Agreement.
i. Indemnification. The City hereby waives and releases, and shall indemnify, hold harmless, and defend District, its successors and assigns, its elected and appointed officers, agents, consultants, servants, attorneys and employees ("District Parties") from and against all Losses incurred by the District, arising in any manner out of the willful or negligent act or omission of the District or the District Parties in the performance of this Agreement. The District hereby waives and releases, and shall indemnify, hold harmless, and defend City, its successors and assigns, its elected and appointed officers, agents, consultants, servants, attorneys and employees (“City Parties”) from and against all Losses incurred by the City, arising in any manner out of the willful or negligent act or omission of the City or the City Parties in the performance of this Agreement. As used in this Agreement, the term "Loss" or "Losses" means all losses, damages, claims, demands, costs, liabilities, judgments, fines, fees (including, without limitation, reasonable attorney fees) and expenses (including, without limitation, costs of investigation, defense expenses at arbitration, trial or appeal and without institution of arbitration or suit). The indemnity obligations of City and District under this Agreement shall survive any termination of this Agreement or transfer of title to the City and District.
j. Interpretation & Captions. In this Agreement, the neuter gender includes the feminine and masculine, the singular number includes the plural, and the words “person” and “party” include a corporation, partnership, firm, District, or association, whenever the context so requires. The captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.
k. Non-Business Days. Whenever notice must be given, documents must be delivered or any other action must be taken under this Agreement by a last day that falls on a day on which banking institutions in the State of California are authorized by law to close (a “Non-Business Day”), then the Parties shall have until the next following day that is not a Non-Business Day to take such action. l. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, unenforceable, either in whole or in part, such decision shall not affect the remainder of this Agreement; and it is hereby declared to be the intention of the Parties that the term, provision, covenant or condition held invalid, void or unenforceable shall be limited by such court to the extent necessary to make it valid and enforceable. m. Time of Essence. Time is of the essence in this Agreement. 30 {SR731224}
12 n. Third Party Beneficiaries. This Agreement confers no rights on any party except the signatories to this Agreement.
o. Assignment. Neither Party shall have the right to transfer or assign any of its rights or obligations under this Agreement without the prior written consent of the other Party. Further, the District may only assign this Agreement to another entity and be relieved of all liability or responsibility under this Agreement, provided that such assignee fully assumes all of the District’s obligations hereunder in a writing approved and duly executed by the City and the assignee, and only where the assignee demonstrates to the satisfaction of the City its capability, both financial and practical, to properly and fully complete and perform all obligations hereunder; otherwise the District will retain all obligations. p. Obligations Survive the Closing. All obligations to be performed at a time after the Closing, whether specifically referred to as surviving the Closing or not, and all covenants, representations and warranties of the Parties, will survive the Closing. q. Rights and Remedies are Cumulative. Unless stated otherwise in this Agreement, the rights and remedies of the Parties are cumulative. A Party's exercise of any of its right or remedies will not preclude its exercise, at the same or at different times, of any other rights or remedies for the same, or any other default.
r. Force Majeure. No Party shall be deemed to be in default where failure or delay in the performance of any of its obligations under this Agreement is caused by floods, earthquakes, other acts of God, fires, wars, terrorism, riots or similar hostilities, strikes and other labor difficulties beyond a Party’s control, shortage of materials (exclusive of prefab/modular building products), prohibitory court actions (such as restraining orders or injunctions), or other causes beyond a Party’s control. If any such events shall occur, the time for performance by any Party of its obligations hereunder shall be extended for the period of time that such events prevented such performance. s. Agreement Mutually Drafted. Each Party has participated jointly in the drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties, and the language used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual intent. If an ambiguity or question of intent or interpretation arises, then this Agreement will accordingly be construed as drafted jointly by the Parties, and no presumption or burden of proof will arise favoring or disfavoring any Party to this Agreement by virtue of the authorship of any of the provisions of this Agreement.
t. Specific Performance. The District and the City agree that the Napa Junction Rd.
Property is unique, and that the City shall be entitled to the remedy of specific performance. u. Exhibits. Exhibits “A,” “B,” “C,” “D,” “E,” “F” and “G” and “H” to this Agreement are incorporated by this reference and made a part of this Agreement. v. Authority to Sign. Each person executing this Agreement on behalf of either Party does hereby personally represent and warrant that he or she had the authority to execute the Agreement on behalf of and to fully bind such Party.
31 {SR731224}
13 IN WITNESS WHEREOF, the Parties have executed this Property Exchange and Acquisition Agreement as of the day and year first written above.
CITY OF AMERICAN CANYON:
Date: June August _______, 2022
By: Jason B. Holley
Its: City Manager
Approved as to form:
Date: June August _______, 2022
By: William D. Ross
Its: City Attorney
NAPA VALLEY UNIFIED SCHOOL DISTRICT:
Date: June August _______, 2022
By: Rosanna Mucetti
Its: Superintendent
Approved as to form:
Date: June August _______, 2022
By: Kelly Rem
Its: District Counsel
32 {SR731224}
14 EXHIBIT “A”
Community Center/American Canyon Middle School Gym/Track Property (APN 058-040-026)
33 [
Prin ted On : 6 /14 /20 22
0 95 190 380
ft Community Center/ACMS Gym Property
Disclaimer: This map w as preparedfor informational
purposes only. No liability is assumed for the
County of Napa | ITS Dept accuracy of the data delineated hereon. 34 {SR731224}
15 EXHIBIT “B”
”City Exchange Property” (Portion of APN 058-040-026)
35 0 95 190 380
[ft City Exchange Property (Dashed Area Only)
Prin ted On : 6 /14 /20 22
Disclaimer: This map w as preparedfor informational
purposes only. No liability is assumed for the
County of Napa | ITS Dept accuracy of the data delineated hereon. 36 {SR731224}
16 EXHIBIT “C”
(Former) Napa Junction Elementary School Property (APN 058-320-015) 37 [
Prin ted On : 6 /14 /20 22
0 45 90 180
ft District Exchange Property
Disclaimer: This map w as preparedfor informational
purposes only. No liability is assumed for the
County of Napa | ITS Dept accuracy of the data delineated hereon. 38 {SR731224}
17 EXHIBIT “D”
American Canyon Road Site
39 [
Prin ted On : 6 /14 /20 22
0 95 190 380
ft American Canyon Road Site
Disclaimer: This map w as preparedfor informational
purposes only. No liability is assumed for the
County of Napa | ITS Dept accuracy of the data delineated hereon. 40 {SR731224}
18 EXHIBIT “E”
Eucalyptus Drive Site
41 0 95 190 380
[ft Eucalyptus Drive Site (Dashed Area Only)
Prin ted On : 6 /14 /20 22
Disclaimer: This map w as preparedfor informational
purposes only. No liability is assumed for the
County of Napa | ITS Dept accuracy of the data delineated hereon. 42 {SR731224}
19 EXHIBIT “F”
Quitclaim Deed for City Exchange Property
Recording Requested By: [For Recorder’s Use Only:]
Napa Valley Unified School District
When Recorded Mail to:
Napa Valley Unified School District
2425 Jefferson St
Napa, CA 94558
Attention: Rosanna Mucetti, Superintendent
Exempt from Recording fees
pursuant to Gov. Code §27383
QUITCLAIM DEED
The CITY OF AMERICAN CANYON, a municipal corporation (“Grantor”) hereby quitclaims to the NAPA VALLEY UNIFIED SCHOOL DISTRICT, a California public school district (“Grantee”), all of its right, title and interest in and to that certain real property identified as Parcel “Y” located in the County of Napa, State of California, bearing the legal description attached herewith as Exhibit “1” and incorporated herein by this reference.
Dated: _____________, 2022.
CITY OF AMERICAN CANYON,
a municipal corporation
By: ___________________________________
43 PARCEL "Z"
EL IOT
ENGINEERS SURVEYORS INSPECTORS
211 GATEWAY ROAD WEST, SUITE 204
NAPA, CALIFORNIA 94558
CHAUDHARY
& ASSOCIATES, INC.
Tel: (707) 255-2729 FAX. (707) 255-5021 WWW.CHAUDHARY.COM 1 1
1 44
ENGINEERS SURVEYORS INSPECTORS
211 GATEWAY ROAD WEST, SUITE 204
NAPA, CALIFORNIA 94558
CHAUDHARY
& ASSOCIATES, INC.
Tel: (707) 255-2729 FAX. (707) 255-5021 WWW.CHAUDHARY.COM 1 1 45 ENGINEERS SURVEYORS INSPECTORS
211 GATEWAY ROAD WEST, SUITE 204
NAPA, CALIFORNIA 94558
CHAUDHARY
& ASSOCIATES, INC.
Tel: (707) 255-2729 FAX. (707) 255-5021 WWW.CHAUDHARY.COM 1 1 46 ENGINEERS SURVEYORS INSPECTORS
211 GATEWAY ROAD WEST, SUITE 204
NAPA, CALIFORNIA 94558
CHAUDHARY
& ASSOCIATES, INC.
Tel: (707) 255-2729 FAX. (707) 255-5021 WWW.CHAUDHARY.COM 1 1 47 {SR731224}
21 ACKNOWLEDGMENT
State of California
County of Napa
On _____________________ before me, ________________________________________ (insert name and title of the officer)
personally appeared ___________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.
Signature ______________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
48 {SR731224}
22 CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by that certain Quitclaim Deed dated _______________, from the City of American Canyon, a municipal corporation, as Grantor, to the Napa Valley Unified School District, a California public school district, as Grantee, is hereby accepted by the undersigned officer on behalf of the Napa Valley Unified School District pursuant to authority conferred by the California Constitution and California Education Code sections 1240, et seq., and approval of the Napa Valley Unified School District’s Governing Board on June 26, 2022, and the Napa Valley Unified School District consents to the recordation thereof by its duly authorized officer.
Dated: _____________________________________
NAPA VALLEY UNIFIED SCHOOL DISTRICT
a California public school district
By: ________________________________________
Name: Rosanna Mucetti
Its: Superintendent
49 {SR731224}
23 EXHIBIT “G”
Quitclaim Deed for District Exchange Property
Recording Requested By: [For Recorder’s Use Only:]
City of American Canyon
When Recorded Mail to:
City of American Canyon
4381 Broadway Street, Suite 201
American Canyon, CA 94503
Attention: Jason B. Holley, City Manager
Exempt from Recording fees
pursuant to Gov. Code §27383
QUITCLAIM DEED
The NAPA VALLEY UNIFIED SCHOOL DISTRICT, a California public school district (“Grantor”) hereby quitclaims to the CITY OF AMERICAN CANYON, a municipal corporation (“Grantee”), all of its right, title and interest in and to that certain real property located in the County of Napa, State of California, bearing the legal description attached herewith as Exhibit “1” and incorporated herein by this reference.
Dated: _____________, 2022.
NAPA VALLEY UNIFIED SCHOOL DISTRICT,
a California public school district
By: ___________________________________
50 ORDER NO: T0021193-SME
EXHIBIT A
LEGAL DESCRIPTION
The land referred to in this report is situated in the City of American Canyon County of Napa, State of California, and is described as follows:
COMMENCING at the Southwestern corner of the 8.452 acre tract of land described in the deed to F. Burton Jones and wife, dated November 26, 1940 and recorded December 7, 1940 in Book 158 of Official Records, at page 355, said Napa County Records; said Point of Commencement also being the most Northern corner of “Homeland” Subdivision as shown on that certain Map entitled, “Map of Homeland Napa County, California”, filed May 6, 1940 in the Office of the County Recorder of said Napa County; running thence South 89° 15’ East along the Northern line of said subdivision 40.42 feet to the Northern extension of the Eastern line of Theresa Avenue as shown on said map of “Homeland”; thence North 8° 15’ West parallel to the Western line of said 8.452 acre tract to the Northern line of the 18.87 acre Tract of land described in the deed to F. Burton Jones and wife dated August 6, 1942 and recorded August 7, 1942 in Book 182 of Official Records, at page 147, said Napa County Records; thence West along the Northern line of said 18.87 acre tract to the most Western corner thereof; thence South 8° 15’ East along the Western line of said 18.87 acre tract 1122.19 feet to the Southwest corner thereof; thence South 89° 15’ East along the Southern line of said 18.87 acre tract 536.90 feet to the Western line of said “Homeland”; thence North 8° 15’ West along said Western line 60.75 feet to the Point of Commencement.
EXCEPTING therefrom all that portion granted to the City of American Canyon in the document recorded May 1, 1998 as Series Number 1998-0011705.
APN: 058-320-015
51 {SR731224}
25 ACKNOWLEDGMENT
State of California
County of Napa
On _____________________ before me, ________________________________________ (insert name and title of the officer)
personally appeared ___________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.
Signature ______________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
52 {SR731224}
26 CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by that certain Quitclaim Deed dated _______________, from the Napa Valley Unified School District, a California public school district, as Grantor, to the City of American Canyon, a municipal corporation, as Grantee, is hereby accepted by the undersigned officer on behalf of the City of American Canyon pursuant to __________________, and the City of American Canyon consents to the recordation thereof by its duly authorized officer.
Dated: _____________________________________
CITY OF AMERICAN CANYON
a municipal corporation
By: ________________________________________
Name:
Its:
53 {SR731224}
27 EXHIBIT “H”
Notice of Preparation of the City of American Canyon General Plan Update (July 5, 0222) 54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
105
RESOLUTION NO. 2022-______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AMERICAN CANYON DETERMINING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE
PROPOSED PROPERTY EXCHANGE OF THE COMMUNITY CENTER/AMERICAN CANYON MIDDLE SCHOOL
GYM PROPERTY AND THE NAPA JUNCTION ELEMENTARY SCHOOL SITE PROPERTY WHEREAS, City is the fee owner of 9.66 acres of real property (APN 058-040-026) known as the Community Center/American Canyon Middle School Gym/Track property ("Community Center/ACMS Gym Property"), which the City uses for community and recreation purposes, located in the City in Napa County, California; and
WHEREAS, the District is the fee owner of 6.57 acres of real property (APN 058-320-0015) which is the site of the (former) Napa Junction Elementary School (“Napa Junction Rd. Property”), located in the City in Napa County, California; and
WHEREAS, the City processing a Lot Line Adjustment whereby approximately 4.6 acres of APN 058-040- 026 consisting of portions of the Community Center/ACMS Gym Property will be transferred the District (“Transferred ACMS Gym Property”) in exchange for specific real property from the District; and WHEREAS, all referenced properties have a General Plan Land Use Designation of “P” (Public Use); and WHEREAS, the City desires to acquire the Napa Junction Rd. Property for public community and recreation purposes and to continue vehicle access to implement, consistent with Government Code section 65103(b) of its General Plan, 2018 Circulation Element (Pps. 11, 13, designating Napa Junction Road as a minor and major collector) and to meet General Plan Land Use Element Goal 1A and Parks and Recreation Element Goal 7 to provide for a wide variety of land uses and supporting services to enrich the lives of the existing and future American Canyon residents; and
WHEREAS, District desires fee ownership of the Transferred ACMS Gym Property to better manage and provide District educational activities, and to continue to allow members of the American Canyon Public to use the property for community purposes subject to District fee schedules; and WHEREAS, the City and District are negotiating a Property Exchange Agreement to exchange the Transferred ACMS Gym Property for the Napa Junction Rd. Property; and WHEREAS, California Government Code Section 65402 requires the Planning Commission to review the proposed exchange of public properties conformity with the adopted General Plan; and WHEREAS, the Transferred ACMS Gym Property to be exchanged to the District will be unnecessary for the City as it will be gaining the Napa Junction Rd. Property from the District intended for community and recreation purposes and to continue vehicle access to implement, consistent with Government Code section 65103(b) its General Plan, 2018 Circulation Element (Pps. 11, 13), designating Napa Junction Road as a minor and major collector ; and
106
WHEREAS, the City of American Canyon Planning Commission considered the properties to be exchanged at the regularly scheduled public meeting of May 26, 2022, at which time all those in attendance were given the opportunity to speak on the proposal; and
WHEREAS, the determination of conformity with the General Plan pursuant to Government Code Section 65402 is not considered a "project" under the California Environmental Quality Act (CEQA); and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED the Planning Commission does hereby find that the exchange of the Transferred ACMS Gym Property and Napa Junction Rd. Property is in conformity with the adopted City of American Canyon General Plan.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the Planning Commission held on the 26th day of May, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Crystal Mallare, Chair
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Nicolle Jones, Administrative Technician William D. Ross, City Attorney 107
Notice of Preparation
City of American Canyon General Plan Update
Figure 3 Area of Proposed Land Use Element Amendments
108
CITY COUNCIL AGENDA
AUGUST 2, 2022
STAFF REPORT
BUSINESS
ITEM NUMBER: 4.
TITLE
Termina
on of Amended and Restated Improvement Agreement and First Amendment to Subdivision Improvement and Reimbursement Agreement for the Napa Logistics Phase 2 Project
RECOMMENDATION
Adopt a Resolu
on taking the following ac
ons in conjunc
on with the Napa Logis
cs Phase 2
Project:
1. Adop
ng the Ini
al Study/Addendum prepared by First Carbon Solu
ons, dated June 2022 for
the NLP 2 Project; and,
2. Authorizing the City Manager to execute the Termina
on of Amended and Restated
Improvement Agreement and First Amendment to Subdivision Improvement and Reimbursement Agreement for the Napa Logistics Phase 2 Project.
CONTACT
William D. Ross, City Attorney
Erica Ahmann Smithies, P.E., Public Works Director
BACKGROUND & ANALYSIS
DWF IV NLP II, LLC (“Developer”) is the developer of the Napa Logis cs Park Phase 2 project ("Phase
2" or "Project"). Developer formerly owned the en
rety of the Phase 2 site, consis
ng of an
approximately 172.61-acre parcel (formerly Napa County Assessor Parcel Number 057-090-083).
Developer currently owns Lots 1 and 2 of the Phase 2 site.
On December 15, 2015, the City Council (A) cer
fied a Final Environmental Impact Report (“EIR”)
under the provisions of the California Environmental Quality Act (Pub. Res. Code § 21000 et seq.) (“CEQA”) for the Project, and (B) approved a Condi
onal Use Permit (“CUP”) for the Project. The
CUP includes several condi
ons of approval, including condi
ons related to certain required public
and private improvements (the “CUP Conditions”).
On November 7, 2017, the City Council adopted Ordinance 2017-08, authorizing a Development Agreement for the Project that would to extend the CUP by an addi onal ten (10) years. To comply
with CEQA, the City Council approved an Initial Study/Addendum prepared by First Carbon Solutions, dated August 31, 2017 ("2017 Addendum"). The City and Developer then entered into that certain 109
Development Agreement, dated November 7, 2017, and recorded on November 8, 2017 (the "Phase 2 Development Agreement").
On March 22, 2018, by Resolu
on No. 2018-06, the City Planning Commission approved a Tenta ve
Parcel Map, further subdividing Phase 2 into six (6) legal lots: (a) three (3) buildable lots of 58.19 acres, 37.40 acres, and 24.51 acres each (the "Development Parcels"), and (b) the collec ve
remainder lots including an 8.54 acre lot for storm drainage purposes, a designated remainder lot of
37.21 acres which is subject to a wetlands conserva
on easement, and public road rights of way
totaling 6.67 acres (the "Tenta
ve Map Approval"). The Tenta
ve Map Approval includes several
condi
ons of approval, including condi
ons related to certain required public and private
improvements (the "Map Condi
ons"). Map Condi
on 8 incorporates by reference as Map
Conditions all CUP Conditions.
On June 27, 2018 the City and Developer entered into an Amended and Restated Improvement Agreement (recorded on July 2, 2018) (the "Amended and Restated Improvement Agreement"), documenting certain improvement requirements for the Project.
On December 18, 2018, the City and Developer entered into that certain Subdivision Improvement and Reimbursement Agreement (recorded on December 18, 2018) (the "Subdivision Improvement and Reimbursement Agreement"), documenting certain improvement requirements for the Project.
On March 4, 2019, Developer recorded the Parcel Map-Napa Logis cs Park Phase 2 ("Parcel Map").
Following recorda
on of the Parcel Map, Developer transferred Lot 4 to the Pacific Gas & Electric Company ("PG&E"), and Developer transferred Lot 3 and the designated remainder lot to the Napa Logis
cs Park Associa
on. Developer and PG&E also entered into a par
al assignment and
assump
on of the Phase 2 Development Agreement, by which Developer retained certain improvement obligations. Developer currently owns Lots 1 and 2 of the original Phase 2 site.
Both the Amended and Restated Improvement Agreement and the Subdivision Improvement and Reimbursement Agreement addressed and implemented requirements for certain roadway improvements at SR-29 and South Kelly Road (the "Original South Kelly Improvements"), as set forth in CUP Condi
on 16.1, the Map Condi
ons, MM-TRANS-1d, MM-TRANS-2a, the Napa Logis
cs Park
Phase I approvals, and other Project approvals. The Subdivision Improvement and Reimbursement Agreement also addressed certain Transporta
on Demand Management ("TDM") requirements for
the Project, as set forth in CUP Condi
ons 16. e and 17, MM-TRANS-1a and MM-TRANS-1b, and
other Project approvals.
The Original South Kelly Improvements were premised on conserva ve assump
ons about the
Project's land uses, development square footage, and trip genera on as analyzed in the Final EIR,
and they were based on the City's, County's, Napa Valley Transporta on Authority's ("NVTA"), and
Caltrans' plans for traffic improvements along the SR-29 corridor as of 2015. The Project's actual buildout has resulted in less intensive land uses, reduced development square footage, and fewer 110
traffic trips compared to what was assumed and analyzed in the Final EIR and 2017 Addendum. In addi
on, the City, County, NVTA, and Caltrans have since updated their plans for traffic improvements along the SR-29 corridor.
Developer and the City now desire to modify the Original Roadway Improvements to reflect the actual land uses, development square footage, and trip genera on for the Project as-built, and the
agencies' updated improvement plans for the SR-29 corridor ("Modified South Kelly Improvements").
Developer and the City further desire to clarify the Transporta on Demand Management ("TDM")
requirements for the Project and the current status of those requirements.
Developer and the City further desire to document the Modified South Kelly Improvements and clarified TDM requirements in a single agreement.
The City has analyzed an Initial Study/Addendum prepared by First Carbon Solutions, dated July 2022 (“2022 Addendum”), which evaluated the Modified South Kelly Improvements and other items included in this Amendment and provided the basis and substan al evidence for the suppor
ng the
changes proposed in this Amendment.
Since the Amended and Restated Improvement Agreement and the Subdivision Improvement and Reimbursement Agreement both address the Original South Kelly Improvements and since there are no other improvements or Developer obliga
ons otherwise outstanding under the Amended and
Restated Improvement Agreement, the City and Developer now desire to: (1) terminate the Amended and Restated Improvement Agreement, and (2) amend the Subdivision Improvement and Reimbursement Agreement to require the Modified South Kelly Improvements in lieu of the Original South Kelly Improvements, to specify the Par
es' respec
ve rights and obliga
ons for the
construc
on and funding of the Modified South Kelly Improvements, to clarify the TDM requirements, and to make corresponding revisions to all other Project approvals, en tlements, and
requirements.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Infrastructure: "Develop and maintain infrastructure resources to support sustainable growth."
FISCAL IMPACT
The fiscal impacts of the Project were addressed as part of the NLP 2 Project Condi onal Use Permit
and Development Agreement.
ENVIRONMENTAL REVIEW
The City examined the environmental effects of the Project (as defined in this Agreement) in an Environmental Impact Report prepared pursuant to the California Environmental Quality Act (“CEQA,” Pub. Res. Code § 21000 et seq). The environmental impacts of the Project were adequately 111
considered in the cer
fied Final Environmental Impact Report (“FEIR”) for the Napa Logis cs Park
Phase 2 Project (State Clearinghouse No. 2014082033) (including a Mi ga
on Monitoring and
Repor
ng Program, and a statement of overriding considera
ons for the Project), and in the 2017
Napa Logistics Park Phase 2 Project Initial Study/Addendum.
The City has analyzed an Ini
al Study/Addendum prepared by First Carbon Solu
ons, dated July
2022, which evaluated whether approval of the Modified South Kelly Improvements and other items included in this Amendment have the poten
al to cause new or substan
ally more severe
environmental impacts over the Project impacts evaluated and iden fied in the Final EIR and 2017
Addendum, or whether there is any new informa
on of substan
al importance, which was not
known and could not have been known at the
me the Final EIR was cer
fied as complete, that
would require addi
onal environmental review pursuant to Public Resources Code sec on 21166
and the CEQA Guidelines sec
ons 15162–15164. The 2022 Ini
al Study/Addendum determined that
there is no poten
al for new or more severe significant environmental impacts, and the City Staff has determined that no subsequent EIR is required.
ATTACHMENTS:
1. Resolution - NLP 2 Termination and SIA Amendment
2. Exhibit A to Resolution-American Canyon SR-29 South Kelly Road Addendum
3. Exhibit B to Resolution - First Amendment to Improvement Agreements
4. Exhibit A to Agreement - Parcel Map Lots 1 and 2
5. Exhibit C to Agreement - Modified South Kelly Improvement Plans 112
RESOLUTION NO. 2022-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON
AUTHORIZING THE CITY MANAGER TO EXECUTE A TERMINATION OF AMENDED AND
RESTATED IMPROVEMENT AGREEMENT AND FIRST AMENDMENT TO SUBDIVISION
IMPROVEMENT AND REIMBURSEMENT AGREEMENT FOR THE NAPA LOGISTICS PARK PHASE 2 PROJECT
WHEREAS, DWF IV NLP II, LLC (“Developer”) is the developer of the Napa Logistics Park Phase 2 project ("Phase 2" or "Project"). Developer formerly owned the entirety of the Phase 2 site, consisting of an approximately 172.61-acre parcel (formerly Napa County Assessor Parcel Number 057-090-083).
Developer currently owns Lots 1 and 2 of the Phase 2 site; and WHEREAS, on December 15, 2015, the City Council (A) certified a Final Environmental Impact Report (“EIR”) under the provisions of the California Environmental Quality Act (Pub. Res. Code § 21000 et seq.) (“CEQA”) for the Project, and (B) approved a Conditional Use Permit (“CUP”) for the Project. The CUP includes several conditions of approval, including conditions related to certain required public and private improvements (the “CUP Conditions”); and
WHEREAS, on November 7, 2017, the City Council adopted Ordinance 2017-08, authorizing a Development Agreement for the Project that would extend the CUP by an additional ten (10) years. To comply with CEQA, the City Council approved an Initial Study/Addendum prepared by First Carbon Solutions, dated August 31, 2017 ("2017 Addendum"). The City and Developer then entered into that certain Development Agreement, dated November 7, 2017, and recorded on November 8, 2017 (the "Phase 2 Development Agreement"); and
WHEREAS, on March 22, 2018, by Resolution No. 2018-06, the City Planning Commission approved a Tentative Parcel Map, further subdividing Phase 2 into six (6) legal lots: (a) three (3) buildable lots of 58.19 acres, 37.40 acres, and 24.51 acres each (the "Development Parcels"), and (b) the collective remainder lots including an 8.54 acre lot for storm drainage purposes, a designated remainder lot of 37.21 acres which is subject to a wetlands conservation easement, and public road rights of way totaling 6.67 acres (the "Tentative Map Approval"). The Tentative Map Approval includes several conditions of approval, including conditions related to certain required public and private improvements (the "Map Conditions").
Map Condition 8 incorporates by reference as Map Conditions all CUP Conditions.; and WHEREAS, on June 27, 2018 the City and Developer entered into an Amended and Restated Improvement Agreement (recorded on July 2, 2018) (the "Amended and Restated Improvement Agreement"), documenting certain improvement requirements for the Project; and WHEREAS, on December 18, 2018, the City and Developer entered into that certain Subdivision Improvement and Reimbursement Agreement (recorded on December 18, 2018) (the "Subdivision Improvement and Reimbursement Agreement"), documenting certain improvement requirements for the Project; and
WHEREAS, on March 4, 2019, Developer recorded the Parcel Map-Napa Logistics Park Phase 2 ("Parcel Map"). Following recordation of the Parcel Map, Developer transferred Lot 4 to the Pacific Gas & Electric Company ("PG&E"), and Developer transferred Lot 3 and the designated remainder lot to the Napa 113
Logistics Park Association. Developer and PG&E also entered into a partial assignment and assumption of the Phase 2 Development Agreement, by which Developer retained certain improvement obligations.
Developer currently owns Lots 1 and 2 of the original Phase 2 site; and WHEREAS, both the Amended and Restated Improvement Agreement and the Subdivision Improvement and Reimbursement Agreement addressed and implemented requirements for certain roadway improvements at SR-29 and South Kelly Road (the "Original South Kelly Improvements"), as set forth in CUP Condition 16.1, the Map Conditions, MM-TRANS-1d, MM-TRANS-2a, the Napa Logistics Park Phase I approvals, and other Project approvals. The Subdivision Improvement and Reimbursement Agreement also addressed certain Transportation Demand Management ("TDM") requirements for the Project, as set forth in CUP Conditions 16. e and 17, MM-TRANS-1a and MM-TRANS-1b, and other Project approvals; and WHEREAS, the Original South Kelly Improvements were premised on conservative assumptions about the Project's land uses, development square footage, and trip generation as analyzed in the Final EIR, and they were based on the City's, County's, Napa Valley Transportation Authority's ("NVTA"), and Caltrans' plans for traffic improvements along the SR-29 corridor as of 2015. The Project's actual buildout has resulted in less intensive land uses, reduced development square footage, and fewer traffic trips compared to what was assumed and analyzed in the Final EIR and 2017 Addendum. In addition, the City, County, NVTA, and Caltrans have since updated their plans for traffic improvements along the SR-29 corridor.; and
WHEREAS, Developer and the City now desire to modify the Original Roadway Improvements to reflect the actual land uses, development square footage, and trip generation for the Project as-built, and the agencies' updated improvement plans for the SR-29 corridor ("Modified South Kelly Improvements"); and WHEREAS, Developer and the City further desire to clarify the Transportation Demand Management ("TDM") requirements for the Project and the current status of those requirements; and WHEREAS, Developer and the City further desire to document the Modified South Kelly Improvements and clarified TDM requirements in a single agreement; and WHEREAS, the City has analyzed an Initial Study/Addendum prepared by First Carbon Solutions, dated June 2022 (“2022 Addendum”), which evaluated whether approval of the Modified South Kelly Improvements and other items included in this Amendment have the potential to cause new or substantially more severe environmental impacts over the Project impacts evaluated and identified in the Final EIR and 2017 Addendum, or whether there is any new information of substantial importance, which was not known and could not have been known at the time the Final EIR was certified as complete, that would require additional environmental review pursuant to Public Resources Code section 21166 and the CEQA Guidelines sections 15162–15164. The 2022 Initial Study/Addendum determined that there is no potential for new or more severe significant environmental impacts, and the City Staff has determined that no subsequent EIR is required; and
WHEREAS, the 2022 Addendum provides the basis and substantial evidence supporting the Modified South Kelly Improvements and modified TDM.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby adopts the 2022 Addendum which provides the basis and substantial evidence supporting the proposed Modified South Kelly Improvements and modified TDM attached hereto as Exhibit A and incorporated herein; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of American Canyon hereby authorizes the City Manager to execute the Termination of Amended and Restated Improvement Agreement and First Amendment to Subdivision Improvement and Reimbursement Agreement for the Napa Logistics Phase 2 Project, attached hereto as Exhibit B and incorporated herein; and PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 2nd day of August, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _________________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 115
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Initial Study/Addendum
South Kelly Road and State Route 29 Improvements Project City of American Canyon, Napa County, California
Prepared for:
City of American Canyon
4383 Broadway, Suite 201
American Canyon, CA 94503
707.647.5345
Contact: Brent Cooper, AICP, Community Development Director Prepared by:
FirstCarbon Solutions
1350 Treat Boulevard, Suite 380
Walnut Creek, CA 94597
925.357.2562
Contact: Mary Bean, Project Director
Date: July 28, 2022
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum Table of Contents
FirstCarbon Solutions iii Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx Table of Contents
Acronyms and Abbreviations ......................................................................................................... v Section 1: Introduction .................................................................................................................. 1
1.1 - Environmental Checklist.................................................................................................... 1
1.2 - Environmental Analysis and Conclusions............................................................................ 1
1.3 - Mitigation Monitoring and Reporting Program................................................................... 3 Section 2: Project Description ........................................................................................................ 5
2.1 - Location and Setting.......................................................................................................... 5
2.2 - Project Background ........................................................................................................... 5
2.3 - Project Characteristics....................................................................................................... 6
2.4 - Discretionary Approvals .................................................................................................... 9 Section 3: CEQA Checklist............................................................................................................. 25
3.1 - Explanation of Checklist Evaluation Categories................................................................. 25
3.2 - Discussion and Mitigation Sections................................................................................... 26 I. Aesthetics, Light, and Glare .......................................................................................... 28 II. Agricultural and Forest Resources ................................................................................ 31 III. Air Quality ..................................................................................................................... 35 IV. Biological Resources...................................................................................................... 41 V. Cultural and Tribal Cultural Resources.......................................................................... 52 VI. Energy ........................................................................................................................... 57 VII. Geology, Seismicity, and Soils ....................................................................................... 59 VIII. Greenhouse Gas Emissions........................................................................................... 65 IX. Hazards and Hazardous Materials................................................................................. 67 X. Hydrology and Water Quality........................................................................................ 72 XI. Land Use and Planning.................................................................................................. 77 XII. Mineral Resources......................................................................................................... 80 XIII. Noise ............................................................................................................................. 81 XIV. Population and Housing................................................................................................ 85 XV. Public Services............................................................................................................... 87 XVI. Recreation ..................................................................................................................... 90 XVII. Transportation............................................................................................................... 91 XVIII. Utilities and Service Systems ...................................................................................... 100 XIX. Wildfire........................................................................................................................ 103 XX. Mandatory Findings of Significance............................................................................ 105 Appendix A: Transportation Memorandum
List of Exhibits
Exhibit 1: Regional Location Map ......................................................................................................... 11 Exhibit 2: Local Vicinity Map Aerial Base.............................................................................................. 13 Exhibit 3: Site Photograph .................................................................................................................... 15 Exhibit 4a: South Kelly Road Improvements Plan................................................................................. 17 Exhibit 4b: State Route 29 Improvements Plan.................................................................................... 19 118
City of American Canyon—South Kelly Road and State Route 29 Improvements Project Table of Contents Initial Study/Addendum
iv FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx Exhibit 5a: S. Kelly Road Signing and Striping .......................................................................................21 Exhibit 5b: State Route 29 Signing and Striping....................................................................................23 119
City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum Acronyms and Abbreviations
FirstCarbon Solutions v Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx
ACRONYMS AND ABBREVIATIONS
ALUCP Airport Land Use Compatibility Plan
AQP Air Quality Plan
ARB California Air Resources Board
ATCM Airborne Toxic Control Measure
BAAQMD Bay Area Air Quality Management District’s
BMPs best management practices
CalARP California Accidental Release Prevention
CalEEMod California Emissions Estimator Model
CalEMA California Emergency Management Agency
CAP Clean Air Plan
CASQA California Stormwater Quality Association
CBC California Building Standards Code
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CNEL Community Noise Equivalent Level
dBA A-weighted decibel
EIR Environmental Impact Report
FAA Federal Aviation Administration
FCS FirstCarbon Solutions
GHG greenhouse gas
MM Mitigation Measure
mgd million gallons per day
mph miles per hour
MT CO2e metric tons of carbon dioxide equivalents
NAHC Native American Heritage Commission
ND Negative Declaration
NLP2 Napa Logistics Park Phase II Project
NOx nitrogen oxides
PRC Public Resources Code
RWQCB Regional Water Quality Control Board
SR State Route
SVP Society of Vertebrate Paleontology
SWPPP Storm Water Pollution Prevention Plan
TDM Transportation Demand Management
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project Acronyms and Abbreviations Initial Study/Addendum
vi FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx USACE United States Army Corps of Engineers
USFWS United States Fish and Wildlife Service
VMT Vehicle Miles Traveled
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum Introduction
FirstCarbon Solutions 1 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx SECTION 1: INTRODUCTION
This Initial Study/Addendum and attached supporting documents have been prepared to determine whether and to what extent the Napa Logistics Park Phase II Project (NLP2) 2015 Final Environmental Impact Report (2015 FEIR) (State Clearinghouse No. 2014082033) prepared for the City of American Canyon remains sufficient to address the potential impacts of the proposed South Kelly Road and State Route (SR) 29 Improvements Project (proposed improvements), or whether additional documentation is required under the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] § 21000, et seq.).
1.1 - Environmental Checklist
Pursuant to Public Resources Code Section 21166, and CEQA Guidelines Sections 15162 and 15164, subdivision (a), the attached Addendum has been prepared to evaluate the proposed improvements.
The attached Addendum uses the standard environmental checklist categories provided in Appendix G of the CEQA Guidelines but provides answer columns for evaluation consistent with the considerations listed under CEQA Guidelines Section 15162, subdivision (a).
1.2 - Environmental Analysis and Conclusions
CEQA Guidelines Section 15164, subdivision (a) provides that the lead agency or a responsible agency shall prepare an Addendum to a previously certified Environmental Impact Report (EIR) or Negative Declaration (ND) if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent Environmental Impact Report (EIR) or ND have occurred (CEQA Guidelines, § 15164, subd. (a)).
An Addendum need not be circulated for public review but can be included in or attached to the FEIR or ND (CEQA Guidelines § 15164, subd. (c)). The decision-making body shall consider the Addendum the 2015 FEIR prior to making a decision on the proposed improvements (CEQA Guidelines § 15164, subd. (d)). An agency must also include a brief explanation of the decision not to prepare a subsequent EIR or ND pursuant to Section 15162 (CEQA Guidelines § 15164, subd. (e)).
Consequently, once an EIR or ND has been certified for a project, no subsequent EIR or ND is required under CEQA unless, based on substantial evidence:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or ND . . . due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 1 (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or ND . . . due to the 1 CEQA Guidelines Section 15382 defines “significant effect on the environment” as “ . . . a substantial, or potentially substantial adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance . . .” (see also PRC § 21068). 122
City of American Canyon—South Kelly Road and State Route 29 Improvements Project Introduction Initial Study/Addendum
2 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, or the ND was adopted. . . shows any of the following:
A. The project will have one or more significant effects not discussed in the previous EIR or ND or negative declaration;
B. Significant effects previously examined will be substantially more severe than shown in the previous EIR or ND;
C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR or ND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative (CEQA Guidelines § 15162, subd. (a); see also PRC § 21166).
This Initial Study/Addendum, checklist, and attached documents constitute substantial evidence supporting the conclusion that preparation of a supplemental or subsequent EIR or ND is not required prior to approval of the above-referenced permits by responsible and trustee agencies and provides the required documentation under CEQA.
This Initial Study/Addendum addresses the impacts of the proposed South Kelly Road and SR-29 Improvements Project in relation to the conclusions of the 2015 FEIR.
1.2.1 - Findings
There are no substantial changes in the proposed improvements or in the circumstances in which the proposed improvements would be undertaken that would require major revisions of the 2015 FEIR. The proposed revisions do not require preparation of a new subsequent or supplemental EIR, due to either the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. As illustrated herein, the proposed improvements are consistent with the previous 2015 FEIR and would involve only minor changes; therefore, an Addendum is appropriate CEQA compliance for the proposed improvements.
1.2.2 - Conclusions
The City of American Canyon may approve the proposed South Kelly Road and SR-29 Improvements Project based on this Initial Study/Addendum. The impacts of the proposed improvements remain within the impacts previously analyzed in the EIR (CEQA Guidelines § 15164). 123
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1.3 - Mitigation Monitoring and Reporting Program
As required by Public Resources Code Section 21081.6, subdivision (a)(1), an Amended Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the proposed improvements in order to monitor the implementation of the mitigation measures that have been adopted for the proposed project. Any long-term monitoring of mitigation measures imposed on the overall development will be implemented through the MMRP.
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum Project Description
FirstCarbon Solutions 5 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx SECTION 2: PROJECT DESCRIPTION
2.1 - Location and Setting
2.1.1 - Location
The project site is located in the City of American Canyon, Napa County, California; refer to Exhibit 1.
The project site consists of the segment of South Kelly Road between SR-29 and Devlin Road; refer to Exhibit 2. The project site is located on the Cuttings Wharf, California, United States Geological Survey 7.5-Minute Topographical Quadrangle (Latitude 38° 12’ 26” North; Longitude 122° 15’ 27” West).
2.1.2 - Environmental Setting
South Kelly Road is a two-lane collector that provides access to the Napa Valley Business Park2 and Napa Logistics Park from SR-12 and SR-29. The intersection of SR-29/South Kelly Road is controlled by a signal, while the intersection of Devlin Road/South Kelly Road is all-way stop controlled. The existing South Kelly Road right-of-way contains asphalt-concrete pavement, curb, gutter, street lighting, and unpaved disturbed areas used for parking, non-native annual grassland with a substantial ruderal component, a seasonal wetland swale, which drains a larger seasonal wetland south of the project site to a double culvert draining runoff under the intersection South Kelly Rd and Devlin Rd to Napa River.
South Kelly Road is a truck route and carries a substantial number of heavy vehicles, which has resulted in significant wear and tear to the roadway. Evidence of asphalt concrete failure is visible in numerous places between SR-29 and Devlin Road. Exhibit 3 provides a photograph of South Kelly Road between SR-29 and Devlin Road.
2.2 - Project Background
In 2010, Napa County approved the entitlements for Phase I of the Napa Logistics Park. These entitlements included a use permit, tentative parcel map, and development agreement for a 646,000-square-foot warehouse on 38 acres of the project site. In 2011, the City of American Canyon annexed the entire 218-acre Napa Logistics Park property. The Napa Logistics Park applicant completed the Phase I warehouse in 2016 and the building is used as an IKEA customer fulfillment center.
In 2015, the American Canyon City Council approved a Conditional Use Permit for Phase II of the Napa Logistics Park and certified the 2015 FEIR. The 2015 FEIR contemplated the development of an up to 2.27-million-square-foot logistics center on 173 acres of the Napa Logistics Park property.
The 2015 FEIR required a number of circulation improvements to accommodate the anticipated 2.27 million square feet of development, including to the intersection of SR-29/South Kelly Road. 2 The Napa Valley Business Park was formerly known as the Napa County Airport Industrial Area 126
City of American Canyon—South Kelly Road and State Route 29 Improvements Project Project Description Initial Study/Addendum
6 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx Improvements contemplated at the time were set forth in Mitigation Measure (MM) TRANS-1d (components shown in bold italic are already constructed and operational as of 2022):
(1) At the intersection of SR-29 at South Kelly Road:
- Northbound approach: 3 through lanes, 2 left-turn lanes, 1 right-turn lane - Southbound approach: 3 through lanes, 1 left-turn lane, 1 right-turn lane - Eastbound approach: 1 through lane, 2 left-turn lanes, 1 right-turn lane - Westbound approach: 1 through lane, 2 left-turn lanes, 1 right-turn lane (2) At the intersection of South Kelly Road and Devlin Road:
- Northbound approach: 1 through lane, 1 right-turn lane - Southbound approach: 1 through lane, 1 left-turn lane - Private driveway: None3
- Westbound approach: 1 left-turn lane, 1 right-turn lane (3) South Kelly Road, between Devlin Road and SR-29 intersections:
- 2 westbound receiving lanes, 1 eastbound lane, and 1 two-way left-turn lane.
In 2017, the Napa Logistics Park owner requested, and the City of American Canyon approved, a Development Agreement with a term of 10 years. The Napa Logistics Park owner has obtained four subsequent approvals from the City:
(1) on January 25, 2018, the City Planning Commission approved a Design Permit for a building (“Building 4”). Building 4 is 702,000 square feet and is used as a warehouse; (2) on March 22, 2018, the City Planning Commission approved a Tentative Parcel Map, and the City Council approved a final Parcel Map on November 20, 2018; (3) on July 25, 2019, the City Planning Commission approved a Design Permit for a building (“Building 5”). Building 5 is 100,000 square feet and is used as a regional service center; and (4) on June 25, 2020, the City Planning Commission approved a Design Permit for a building (“Building 3”). Building 3 is 201,817 square feet and is used as a warehouse.
The parcel containing Building 5 was acquired by PG&E on December 23, 2020. PG&E obtained a new Design Permit and Variance from the City Planning Commission on September 30, 2021, for a 118,467-square-foot Regional Service Center.
2.3 - Project Characteristics
2.3.1 - Project Summary
With the construction of the PG&E Regional Service Center (anticipated in 2022), Napa Logistics Park will contain 1,003,817 square feet of development, which represents a reduction of 55 percent from the 2,270,640 million square feet of development that was evaluated and disclosed in the 2015 FEIR. 3 Although MM TRANS-1d did not indicate a need for a private driveway, as of 2022 a 1-lane, exit only driveway is constructed and operational.
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum Project Description
FirstCarbon Solutions 7 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx Table 1 compares the end uses contemplated by the 2015 FEIR and the actual uses that were developed. Accordingly, the extent of roadway improvements included in the 2015 FEIR can appropriately be re-evaluated to confirm what is required to support the actual buildout of Napa Logistics Park.
Table 1: Comparison of End Uses
Building/Use
Square Footage
2015 FEIR Actual (End User)
2 100,000 0
3 1,000,000 201,817 (Amazon Warehouse)
4 703,040 702,000 (Biagi Bros. Warehouse)
5 467,600 100,000 (PG&E regional service center)
Total 2,270,640 1,003,817
Difference (1,266,823)
Note: Building 2 will never be developed
Source: Orchard Partners 2022.
In light of the substantial reduction in square footage, the applicant proposes to amend the improvements required by the 2015 FEIR, First Amended and Restated Improvement Agreement, and related NLP2 approvals, as follows:
Amended CUP Condition 16.a/Amended MM TRANS-1d
The project applicant shall make a fair share payment to the City to support the City’s implementation of the following improvements to SR-29. This amended mitigation is based on improvements that have already been constructed, the project’s reduced trip generation, and the project’s reduced extent of development as documented in the 2022 transportation impact study. • South Kelly Road between SR-29 and Devlin Road would be widened to accommodate a third maneuvering lane.
• The eastbound approach at SR-29 would have a left-turn lane, a shared left-turn/through lane, and a right-turn lane.
• The southbound approach would be widened to add a right-turn lane on SR-29. • The northbound approach left-turn lane on SR-29 would be extended. • SR-29 would not be widened to provide three through lanes, as contemplated in the 2015 FEIR.
Exhibit 4a, 4b, 5a, 5b depict the proposed improvements plan.
Table 2 shows the requested revisions to Mitigation Measure TRANS 1-D and 2-A in the 2015 FEIR. 128
City of American Canyon—South Kelly Road and State Route 29 Improvements Project Project Description Initial Study/Addendum
8 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx Table 2: Revisions to Mitigation Measures TRANS 1-D and TRANS 2-A Intersection/
Road Segment Approach
Number of Travel Lanes
2015 FEIR Mitigation Revised Mitigation
SR-29/South Kelly Road Northbound 3 through, 2 left, 1 right 2 through, 1 left1 Southbound 3 through, 1 left, 1 right 2 through, 1 left, 1 right Eastbound 1 through, 2 left, 1 right 1 left, 1 left/through, 1 right Westbound 1 through, 2 left, 1 right 1 through, 1 left1 Devlin Road/South Kelly
Road
Northbound 1 through, 1 right 1 through1
Southbound 1 through, 1 left 1 through, 1 left1
Private Driveway None2 1 lane-exit only1
Westbound 1 left, 1 right 1 left, 1 right
South Kelly Road: Devlin
Road to SR-29
Westbound 2 receiving lanes 2 receiving lanes
Eastbound 1 eastbound lane 1 eastbound lane
Center Lane 1 two-way left-turn lane 1 two-way left-turn lane Notes:
1 Existing Configuration 2 Did not exist at time of 2015 FEIR Amended CUP Conditions 16.e.; 17/Amended MM TRANS-1a and MM-TRANS-1b.
The project applicant shall establish a Transportation Demand Management (TDM) program, subject to review and approval by the City. The intent of the TDM program is to ensure that traffic volumes generated by the project do not exceed that which would occur from warehouse-only uses.
Notwithstanding its intent, the applicant shall implement this mitigation measure regardless of the mix of uses (warehouse-only or warehouse/industrial/office) that is eventually built.
To ensure its enforceability, the project applicant shall incorporate the TDM program into the CC&Rs for the Napa Logistics Park. The CC&Rs shall require the Association to monitor each Occupant’s compliance with the TDM program and to allocate to an Owner or Owners any fines imposed by the City in connection with an Occupant’s violation of the TDM program.
The applicant has already fully complied with this condition and mitigation measure. The applicant submitted, and the City approved, a Transportation Demand Management program for the project, entitled “Napa Logistics Park Transportation Demand Management (TDM) Strategies and Monitoring,” prepared by Fehr & Peers and dated October 2020. The applicant incorporated the TDM program into the Declaration of Covenants, Conditions, and Restrictions and Grant of Easements for Napa Logistics Park (recorded on September 12, 2017, as Instrument No. 2017- 0020645 in the Official Records of the County), as subsequently amended. Section 3.3.14 of the CC&Rs requires the Association to monitor each Occupant’s compliance with the TDM Program and 129
City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum Project Description
FirstCarbon Solutions 9 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx to allocate to an Owner or Owners any fines imposed by the City in connection with an Occupant’s violation of the TDM Program.
2.4 - Discretionary Approvals
The proposed improvements require discretionary approvals from the City of American Canyon, including but not limited to the following:
• Adoption of Addendum
• Approval of Preliminary Improvement Plans
• Approval of a Second Amended and Restated Improvement Agreement • Adoption of Amended MMRP
The proposed improvements may also require approvals from other agencies, including but not limited to an encroachment permit from Caltrans.
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12 29
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Napa County
Solano County
80 680
12 116
Contra Costa County
780
128
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Carquinez Strait
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ma County
County
242
680
24 80
Napa River
Jack London
State Park
Vacaville
Napa
Fairfield
Suisun City
Vallejo
Novato Benicia
Bay Point
Hercules Pinole Martinez
San Anselmo
San Rafael Concord
San Pablo
Pleasant Hill Richmond
Larkspur
El Cerrito
Mill Valley
Albany Walnut Creek
Lafayette
Orinda
Berkeley
Alamo
Sonoma
American
Canyon
Clayton
Exhibit 1
Regional Location Map
5 2.5 0 5
Miles
Text
Project Site
Source: Census 2000 Data, The California Spatial Information Library (CaSIL).
CITY OF AMERICAN CANYON
SOUTH KELLY ROAD AND SR-29 IMPROVEMENTS PROJECT
INITIAL STUDY/ADDENDUM
56820001 • 03/2022 | 1_regional.mxd
Project Site
80 132
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56820001 • 03/2022 | 2_local_vicinity.mxd
Exhibit 2
Local Vicinity Map
Source: Google Earth Aerial Imagery. Kier + Wright, 02/03/2022.
CITY OF AMERICAN CANYON
SOUTH KELLY ROAD AND SR-29 IMPROVEMENTS PROJECT
INITIAL STUDY/ADDENDUM
S. Kelly Rd
29 Devlin Rd
Cafe
Ct
350 175 0 350
Feet
Legend
Project Location
134
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135
View of S. Kelly Road looking east.
56820001 • 03/2022 | 3_site_photograph.cdr
Exhibit 3
Site Photograph
CITY OF AMERICAN CANYON
SOUTH KELLY ROAD AND SR-29 IMPROVEMENTS PROJECT
INITIAL STUDY/ADDENDUM136
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137
Source: KIER + WRIGHT, February 2021.
56820001 • 03/2022 | 4a_s_kelly_rd_improvements_plan.cdr Exhibit 4a
S. Kelly Road Improvements Plan
CITY OF AMERICAN CANYON
SOUTH KELLY ROAD AND SR-29 IMPROVEMENTS PROJECT
INITIAL STUDY/ADDENDUM138
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139
Source: KIER + WRIGHT, July 2021.
56820001 • 03/2022 | 4b_SR29_improvements_plan.cdr
Exhibit 4b
State Route 29 Improvements Plan
CITY OF AMERICAN CANYON
SOUTH KELLY ROAD AND SR-29 IMPROVEMENTS PROJECT
INITIAL STUDY/ADDENDUM140
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141
Source: KIER + WRIGHT, February 2021.
56820001 • 05/2022 | 5a_s_kelly_rd_signing_striping.cdr Exhibit 5a
S. Kelly Road Signing and Striping
CITY OF AMERICAN CANYON
SOUTH KELLY ROAD AND SR-29 IMPROVEMENTS PROJECT
INITIAL STUDY/ADDENDUM142
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Source: KIER + WRIGHT, July 2021.
56820001 • 05/2022 | 5b_SR29_signing_striping.cdr
Exhibit 5b
State Route 29 Signing and Striping
CITY OF AMERICAN CANYON
SOUTH KELLY ROAD AND SR-29 IMPROVEMENTS PROJECT
INITIAL STUDY/ADDENDUM144
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 25 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx SECTION 3: CEQA CHECKLIST
The purpose of the checklist is to evaluate the categories in terms of any changed condition (e.g., changed circumstances, project changes, or new information of substantial importance) that may result in a changed environmental result (e.g., a new significant impact or substantial increase in the severity of a previously identified significant effect) (CEQA Guidelines § 15162).
The questions posed in the checklist come from Appendix G of the CEQA Guidelines. A “no” answer does not necessarily mean that there are no potential impacts relative to the environmental category but that there is no change in the condition or status of the impact since it was analyzed and addressed with mitigation measures in the 2015 FEIR. These environmental categories might be answered with a “no” in the checklist, since the proposed improvements do not introduce changes that would result in a modification to the conclusion of the previously approved CEQA document.
This Initial Study/Addendum addresses the conclusions of the proposed South Kelly Road and SR-29 Improvements Project.
3.1 - Explanation of Checklist Evaluation Categories
(1) Conclusion in 2015 FEIR and Related Documents
This column summarizes the conclusion of the 2015 FEIR relative to the environmental issue listed under each topic.
(2) Do the Proposed Changes Involve New Impacts?
Pursuant to CEQA Guidelines Section 15162, subdivision (a)(1), this column indicates whether the changes represented by the proposed South Kelly Road and State Route 29 Improvements Project will result in new significant environmental impacts not previously identified or mitigated by the 2015 FEIR or whether the changes will result in a substantial increase in the severity of a previously identified significant impact. (3) New Circumstances Involving New Impacts?
Pursuant to CEQA Guidelines Section 15162, subdivision (a)(2), this column indicates whether there have been substantial changes with respect to the circumstances under which the proposed South Kelly Road and State Route 29 Improvements Project is undertaken that will require major revisions to the 2019 FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
(4) New Information Requiring New Analysis or Verification? Pursuant to CEQA Guidelines Section 15162, subdivision (a)(3)(A-D), this column indicates whether new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the 2015 FEIR was certified, shows any of the following:
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26 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx (A) The South Kelly Road and State Route 29 Improvements Project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the South Kelly Road and State Route 29 Improvements Project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
If the additional analysis completed as part of this environmental review were to find that the conclusions of the proposed South Kelly Road and State Route 29 Improvements Project remain the same and no new significant impacts are identified, or identified impacts are not found to be substantially more severe, or additional mitigation is not necessary, then the question would be answered “no” and no additional environmental document would be required.
(5) Mitigation Measures Implemented or Address Impacts
Pursuant to CEQA Guidelines Section 15162, subdivision (a)(3), this column indicates whether the 2015 FEIR provides mitigation measures to address effects in the related impact category. Any previously adopted mitigation measures will identified. The response will also address proposed revisions to previously adopted mitigation measures. These mitigation measures will be implemented with the construction of the proposed improvements, as applicable. If “NA” is indicated, the 2015 FEIR has concluded that the impact either does not occur with this proposed project or is not significant, and therefore no additional mitigation measures are needed.
3.2 - Discussion and Mitigation Sections
(1) Discussion
A discussion of the elements of the checklist is provided under each environmental category in order to clarify the answers. The discussion provides information about the particular environmental issue, how the proposed improvements relate to the issue, and the status of any mitigation that may be required or that has already been implemented. (2) Mitigation Measures
Applicable mitigation measures from the Initial Study that apply to the proposed improvements are listed under each environmental category. 147
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A discussion of the conclusion relating to the analysis is contained in each section. 148
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Area
Conclusion in
2015 FEIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
I. Aesthetics, Light, and Glare
Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial
adverse effect on a
scenic vista?
Less than
significant
impact
No. The
proposed
improvements
do not involve
changes that
would result in
new or more
severe impacts
on a scenic vista.
No. There are no
new
circumstances
that would
result in new or
more severe
impacts on a
scenic vista.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
scenic vistas.
None
b) Substantially damage
scenic resources,
including, but not
limited to, trees, rock
outcroppings, and
historic building within a
State Scenic Highway?
No impact No. The
proposed
improvements
do not involve
changes that
would result in
new or more
severe impacts
on State Scenic
Highways.
No. There are no
new
circumstances
that would
result in new or
more severe
impacts on State
Scenic Highways.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of State
Scenic Highways.
None
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?
Less than
significant
impact
No. The
proposed
improvements
do not involve
changes that
would result in
new or more
severe impacts
on visual
character.
No. There are no
new
circumstances
that would
result in new or
more severe
impacts on
visual character.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of visual
character.
None
d) Create a new source of
substantial light or glare
which would adversely
affect day or nighttime
views in the area?
Less than
significant
impact after
mitigation
No. The
proposed
improvements
do not involve
changes that
would result in
new or more
severe impacts
on light and
glare.
No. There are no
new
circumstances
that would
result in new or
more severe
impacts on light
and glare.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of light
and glare.
MM AES-3
[MM AES-3 does
not apply to the
proposed
improvements]
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a) The 2015 FEIR indicated that the approximately 173-acre project site contains flat undeveloped land, seasonal marshes, the 37-acre Wetland Preserve, and No Name Creek. The project site does not contain any visual resources that would be considered a scenic vista, and the City of American Canyon General Plan does not identify any scenic vistas on the project site. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The proposed improvements would consist of low-profile items such as additional turn lanes, curb, gutter, and storm drainage facilities, and they would be aesthetically comparable to the improvements studied in the 2015 FEIR. As such, the proposed improvements would not alter any aesthetic conclusions set forth in the 2015 FEIR.
b) The 2015 FEIR indicated that SR-29 is located 0.3 mile to the east and is classified as an “Eligible” State Scenic Highway. However, because of the presence of structures, topography, and vegetation, the project site is not visible from SR-29. The 2015 FEIR indicated that no impacts would occur.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The proposed improvements would consist of low-profile items such as additional turn lanes, curb, gutter, and storm drainage facilities, and they would be aesthetically comparable to the improvements studied in the 2015 FEIR. As such, the proposed improvements would not alter any aesthetic conclusions set forth in the 2015 FEIR.
c) The 2015 FEIR indicated that the approximately 173-acre project site contains flat undeveloped land, seasonal marshes, the 37-acre Wetland Preserve, and No Name Creek. The project site is surrounded by the Napa County Airport, the Devlin Road Transfer Station, Napa Logistics Phase I, the Napa Branch railroad line, and Devlin Road (and associated overcrossing). The NLP2 Project would develop approximately 2,271,000 square feet of industrial uses such as warehouse, distribution, e-commerce, manufacturing, and accessory retail/office uses. The 37- acre Wetland Preserve would be maintained by the NLP2 Project. The 2015 FEIR noted that project buildings would be similar in size, character, building materials, and end uses to other surrounding land uses and thus would be visually compatible. The 2015 FEIR concluded that development of the NLP2 Project would not degrade the visual character of the project site or its surroundings. Impacts would be less than significant.
The proposed improvements would consist of low-profile items such as additional turn lanes, curb, gutter, and storm drainage facilities, and they would be aesthetically comparable to the improvements studied in the 2015 FEIR. The proposed improvements would not conflict with any applicable zoning and other regulations governing scenic quality. As such, the proposed improvements would not alter any aesthetic conclusions set forth in the 2015 FEIR. 150
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30 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx d) The 2015 FEIR indicated that the project site does not contain any existing sources of light and glare. The project site is adjacent to the Napa County Airport and has the potential to introduce new sources of light and glare that may interfere with aviation activities. The 2015 FEIR set forth Mitigation Measure (MM) AES-3 requiring the project applicant, prior to issuance of building permits, to prepare a photometric plan demonstrating that all exterior light fixtures are directed downward or employ full cut-off fixtures to minimize light spillage and avoid interference with airport operations. With the implementation of MM AES-3, the 2015 FEIR concluded that impacts would be reduced to a level of less than significant.
Street lighting currently exists along the segment of South Kelly Road between SR-29 and Devlin Road. The proposed improvements would maintain the existing street lighting; no new lights would be installed. In addition, the applicant has already fully complied with and implemented MM AES-3 as the City has approved the photometric plan for the buildings and incorporated it into the final building plans. Thus, MM AES-3 would not apply to the proposed improvements and the proposed improvements would not alter any light and glare conclusions set forth in the 2015 FEIR.
Mitigation Measures
MM AES-3 Prior to issuance of building permits for the proposed project, the project applicant shall prepare and submit a photometric plan to the City of American Canyon for review and approval. The photometric plan must demonstrate that all exterior light fixtures would be directed downward or employ full cutoff fixtures to minimize light spillage and avoid interference with aviation operations at the Napa County Airport.
The approved plan shall be incorporated into the final building plans. (This mitigation measure does not apply to the proposed improvements).
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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Area
Conclusion in
2015 FEIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
II. Agricultural and Forest Resources
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the State’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
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 nonagricultural use?
No impact No. The
proposed
improvements
do not involve
changes that
would result in
new or more
severe impacts
on Important
Farmland.
No. There are no
new
circumstances
that would
result in new or
more severe
impacts on
Important
Farmland.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
Important
Farmland.
None
b) Conflict with existing
zoning for agricultural
use, or a Williamson Act
contract?
No impact No. The
proposed
improvements
do not involve
changes that
would result in
new or more
severe impacts
on agricultural
zoning or
Williamson Act
contracts.
No. There are no
new
circumstances
that would
result in new or
more severe
impacts on
agricultural
zoning or
Williamson Act
contracts
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
agricultural
zoning or
Williamson Act
contracts.
None
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))?
No impact. No. The
proposed
improvements
do not involve
changes that
would result in
new or more
severe impacts
on conflicts with
forest zoning.
No. There are no
new
circumstances
that would
result in new or
more severe
impacts on
conflicts with
forest zoning.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
conflicts with
forest zoning.
None
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Area
Conclusion in
2015 FEIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
d) Result in the loss of
forest land or
conversion of forest
land to non-forest use?
No impact. No. The
proposed
improvements
do not involve
changes that
would result in
new or more
severe impacts
on loss of forest
land.
No. There are no
new
circumstances
that would
result in new or
more severe
impacts on loss
of forest land.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of loss
of forest land.
None
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?
Less than
significant
impact
No. The
proposed
improvements
do not involve
changes that
would result in
new or more
severe impacts
on surrounding
agricultural
uses.
No. There are no
new
circumstances
that would
result in new or
more severe
impacts on
surrounding
agricultural
uses.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
surrounding
agricultural
uses.
None
Discussion
a) The 2015 FEIR indicated that the project site is mapped as “Farmland of Local Importance” and “Other Land,” which does not fall under the Important Farmland umbrella. Thus, the proposed NLP2 Project would not convert Important Farmland to non-agricultural use. The 2015 FEIR concluded that no impacts would occur.
The proposed improvements would not result in any change to the farmland designation for the project site and no updated designation has occurred since certification of the 2015 FEIR.
The proposed improvement area remains mapped as ”Urban Built-Up Land.” The proposed improvement area is not used, and has no potential to be used, for agriculture or forestry. As such, the proposed improvements would not alter any agriculture and forestry conclusions set forth in the 2015 FEIR.
b) The 2015 FEIR indicated that the project site is zoned “Business/Industrial Park,” a nonagricultural zoning district, by the Napa County Airport Industrial Area Specific Plan.
Additionally, the project site is not encumbered by an active Williamson Act contract. These conditions preclude the possibility of conflicts with agricultural zoning or Williamson Act contracts. The 2015 FEIR concluded that no impacts would occur.
The proposed improvements would not result in any change to the zoning applicable to the project site and no zoning changes have occurred since the 2015 FEIR was certified. The 153
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FirstCarbon Solutions 33 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx proposed improvement area does not have a zoning designation. Additionally, no Williamson Act contracts have been executed for the project site or proposed improvement area since certification of the 2015 FEIR. The proposed improvement area is not used, and has no potential to be used, for agriculture or forestry. As such, the proposed improvements would not alter any agriculture and forestry conclusions set forth in the 2015 FEIR. c) The 2015 FEIR indicated that the project site is zoned “Business/Industrial Park” by the Napa County Airport Industrial Area Specific Plan, a non-forest zoning district. This condition precludes the possibility of conflicts with forest zoning. The 2015 FEIR concluded that no impacts would occur.
The proposed improvements would not change the zoning designation for the site and no changes have occurred with respect to the project site zoning designation since certification of the 2015 FEIR. The proposed improvement area does not have a zoning designation. The proposed improvement area is not used, and has no potential to be used, for agriculture or forestry. As such, the proposed improvements would not alter any agriculture and forestry conclusions set forth in the 2015 FEIR.
d) The 2015 FEIR indicated that the project site contains undeveloped land and does not contain any stands of trees that would meet the State’s definition of forest land or timberland. Thus, the NLP2 Project would not convert forest land to non-forest use. The 2015 FEIR concluded that no impacts would occur.
The proposed improvements would not change the nature of the existing project site and no changes have occurred related to forest land or timberland on the site since the 2015 FEIR was certified. The proposed improvement area does not contain any stands of trees that would meet the State’s definition of forest land or timberland. The proposed improvement area is not used, and has no potential to be used, for agriculture or forestry. As such, the proposed improvements would not alter any agriculture and forestry conclusions set forth in the 2015 FEIR.
e) The 2015 FEIR indicated that the project site is surrounded by urban uses and infrastructure on all sides and, therefore, would not result in the conversion of Important Farmland to nonagricultural use. The 2015 FEIR concluded that no impacts would occur.
The project site and the proposed improvement area remain surrounded by urban uses and infrastructure on all sides, and thus the proposed improvements have no potential to result in conversion of farmland or forest land. The proposed improvements would not change the nature of the existing project site and the surrounding area, and no changes related to agricultural, or forestry resources have occurred in the vicinity of the project site since the 2015 FEIR was certified. As such, the proposed improvements would not alter any agriculture and forestry conclusions set forth in the 2015 FEIR.
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None.
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
III. Air Quality
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct
implementation of the
applicable air quality
plan?
Significant
unavoidable
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
an applicable air
quality plan.
No. There are no
new
circumstances
that would
result in new or
more severe
impacts on an
applicable air
quality plan.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of an
applicable air
quality plan.
MM AIR-2,
MM AIR-3a, and
MM AIR-3b
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?
Significant
unavoidable
impact
No. The proposed
improvements do
not involve
changes that would
result in new or
more severe
impacts associated
with any criteria
pollutant for which
the project region
is nonattainment
under an
applicable federal
or state ambient air
quality standard.
No. There are no
new
circumstances
that would result
in new or more
severe impacts
associated with
any criteria
pollutant for
which the
project region is
nonattainment
under an
applicable
federal or state
ambient air
quality standard.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of any
criteria pollutant
for which the
project region is
nonattainment
under an
applicable
federal or state
ambient air
quality standard.
MM AIR-3a and
MM AIR-3b
c) Expose sensitive
receptors to substantial
pollutant
concentrations?
Significant
unavoidable
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
sensitive receptors.
No. There are no
new
circumstances
that would
result in new or
more severe
impacts on
sensitive
receptors.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
sensitive
receptors.
MM AIR-2,
MM AIR-3a, and
MM AIR-3b
d) Result in other
emissions (such as those
leading to odors or)
adversely affecting a
substantial number of
people?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts
associated with
objectionable
odors.
No. There are no
new
circumstances
that would
result in new or
more severe
impacts
associated with
objectionable
odors.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
objectionable
odors.
None
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a) The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The proposed improvements would consist of low-profile items such as additional turn lanes, curb, gutter, and storm drainage facilities, and they would be comparable to, or less than, the roadway improvements studied as a part of the NLP2 2015 FEIR. The proposed improvements would not alter any air quality conclusions set forth in the 2015 FEIR.
The 2015 FEIR found that the NLP2 Project would have a significant and unavoidable impact related to its potential to conflict with or obstruct implementation of the applicable air quality plan, because operation of the NLP2 Project would exceed certain criteria pollutant thresholds.
The 2015 FEIR evaluated three criteria related to the Bay Area Air Quality Management District’s (BAAQMD’s) 2010 Air Quality Plan (AQP), as described below. Since the release of the 2015 FEIR, BAAQMD has released a 2017 Clean Air Plan. Ramboll Environ compared how the delay in project implementation would affect the conclusions reached in the 2015 FEIR with respect to the 2010 AQP. The 2017 Clean Air Plan is based on an updated assessment of the Bay Area’s emissions, but it does not change significance criteria for evaluating air quality and greenhouse gas impacts under CEQA. Thus, no other significance finding, or air quality assessment included in the 2015 FEIR would be impacted by the release of the 2017 Clean Air Plan.
The potential impacts of the NLP2 Project were considered significant and unavoidable due to the emissions exceedance described in Impact AIR-3. The conclusions of Impact AIR-3 would not change through the implementation of the proposed improvements, or with a comparison to the 2017 Clean Air Plan. Therefore, the conclusion of Impact AIR-1 from the 2015 FEIR would still apply to the proposed project.
Mitigation measures included in the 2015 FEIR to reduce air quality impacts, including MM AIR-2 and AIR-3a, continue to apply to the proposed project and will help to reduce the potential air quality impacts related to the construction, but the residual significance of the NLP2 Project impact would remain significant and unavoidable. As such, the implementation of the proposed improvements would not alter any conclusions set forth in the 2015 FEIR. b) The 2015 FEIR found that the NLP2 Project would emit criteria pollutants from construction and operational activities that would exceed BAAQMD significance thresholds.
As analyzed in the 2015 FEIR, NOX (nitrogen oxides) emissions from construction exceeded the significance threshold before mitigation but were found to be below the threshold after mitigation. The NLP2 project is smaller in scope than what was contemplated as part of the 2015 FEIR, and the roadway improvements included as part of the proposed project are also less than what was included as part of the 2015 FEIR air quality analysis. MM AIR-3a requires that all diesel equipment be powered by Tier 3 engines or equivalent. The NLP2 Project would continue to be required to comply with this mitigation measure, including during construction of the proposed project. The criteria pollutant emissions generated by the construction of the 157
City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum CEQA Checklist
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ROG and NOX emissions from operations also exceeded the BAAQMD significance thresholds, as analyzed in the 2015 FEIR. MM AIR-3b mitigated emissions from heavy-duty trucks since emissions from heavy-duty trucks would be a large contributor to emissions. Since the effectiveness of this measure was uncertain, this impact was determined to be significant and unavoidable. Emissions from truck travel tend to decrease with time as new trucks with more effective emissions controls are phased into the fleet. Thus, with a delay in implementation, emissions from trucks would likely be lower than those estimated in the 2015 FEIR.
Additionally, as further discussed in the Traffic Impact Study conducted by Fehr & Peers for the proposed project (included as Appendix A), the full build-out of the NLP2 Project will generate an estimated 45% fewer truck trips than originally expected, further reducing the emissions generated from heavy duty-trucks. The operation of the NLP2 Project would generate fewer criteria pollutants than those projected under the 2015 FEIR. The implementation of the roadway improvements that constitute the proposed project will further help to improve traffic flow, reducing congestion and traffic delays in the area, and further help to reduce the air quality impacts from the operation of the NLP2 project. The operation of the proposed project would not generate more emissions than those already included and analyzed in the 2015 FEIR.
MM AIR-2 and AIR-3a would apply to the proposed project, since they pertain to construction activities. MM AIR-3b continues to apply to the NLP2 Project but would not apply to the proposed project because it pertains to operational activities unrelated to the proposed project. The residual significance of this impact would remain significant and unavoidable. As such, the proposed improvements would not alter any conclusions set forth in the 2015 FEIR. c) The 2015 FEIR evaluated the potential human health impacts from the NLP2 Project on surrounding sensitive receptors, as well as the potential cumulative impact of the project. The cumulative impact was determined to be significant and unavoidable based on the NLP2 Project’s contribution to existing community health risks in the NLP2 Project Area.
The health impact of construction activities is based on location and magnitude of emissions. A delay in implementation would not change the location of emissions. As discussed above, construction emissions are not expected to change with the delay in implementation. In fact, construction emissions tend to decrease with time because of the phase-in of equipment with cleaner engines. Thus, the impact from construction is not expected to increase as a result of a delay in implementation. Further, the proposed project includes less roadway improvements than what was analyzed as part of the 2015 FEIR, including less grading and paving activities.
Therefore, the emissions that would occur due to the construction of the proposed project are less than those evaluated in the 2015 FEIR.
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38 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx In the 2015 FEIR, the health impact of operations was based on on-road activity, rail activity, auto manufacturing, and emergency generators. None of these activities would be affected by the proposed improvements.
Additionally, the 2015 FEIR indicated that the NLP2 Project warehouse and manufacturing uses had the potential to handle hazardous materials and thus could result in the accidental release of hazardous air pollutants. The 2015 FEIR set forth MM HAZ-1b to reduce impacts to a level of less than significant. MM HAZ-1b requires that the tenant consult with the California Emergency Management Agency (CalEMA) to determine guidelines and regulations applicable to the operations and prepare a Risk Management Plan if required. This mitigation measure would not apply to the proposed improvements.
MM AIR-2 and AIR-3a would apply since they pertain to construction activities and would serve to reduce the potential air quality impacts of the proposed project. MM AIR-3b would not apply to the proposed project, because it pertains to operational activities. The residual significance of this impact would remain significant and unavoidable. As such, the proposed project would not alter any conclusions set forth in the 2015 FEIR. d) The 2015 FEIR acknowledged that the NLP2 Project’s potential manufacturing uses may involve the use of paint shops. The 2015 FEIR stated BAAQMD records for odor complaints at a similar facility in Fremont yielded no results from 2011 through 2014. This impact was considered less than significant, based on the lack of odor complaints at the surrogate facility, the similar distances of the residences to the facilities, and the respective positions of the facilities relative to the prevailing winds.
During construction activities, the various diesel-powered vehicles and equipment in use onsite would create localized odors that could travel off-site due to wind and atmospheric conditions. These odors would be intermittent and would not likely be noticeable for extended periods of time beyond the boundaries of project site. In addition, the construction equipment would operate sporadically throughout the project site and any odors would be spread over the site and not concentrated at one particular point. As a result, the potential for construction odor impacts from the proposed project would be less than significant.
The 2015 FEIR assumed an intense auto-manufacturing use, and so the analysis assessed a conservative, worst case for odor impacts. If manufacturing uses are not included in the final tenant mix, warehousing and E-commerce or other less intense uses allowed on the project site would have a reduced likelihood of odor impacts and are thus covered by the conservative analysis. Land uses that are typically identified as sources of objectionable odors include landfills, transfer stations, sewage treatment plants, wastewater pump stations, composting facilities, feed lots, coffee roasters, asphalt batch plants, and rendering plants. The proposed improvements involve additional turn lanes at SR-29/South Kelly Road and the reconstruction of South Kelly Road between SR-29 and Devlin Road. These activities would not involve manufacturing uses or paint shop uses. As such, the proposed improvements would not alter any conclusions set forth in the 2015 FEIR.
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Mitigation Measures
MM AIR-2 All construction activity: During construction activities, the following air pollution control measures shall be implemented:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day or more as needed.
• All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
• 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.
• All vehicle speeds on unpaved roads and surfaces shall be limited to 15 miles per hour (mph).
• All roadways, driveways, and sidewalks shall be paved as soon as possible. • Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 2 minutes (beyond the 5-minute limit required by the California Airborne Toxics Control Measure (ATCM) Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. • 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.
• A publicly visible sign shall be posted with a name and telephone number of the applicant’s representative for dust complaints. This person shall respond and take corrective action within 2 business days of a complaint or issue notification. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
MM AIR-3a During on-site construction activities, the applicant shall require the use of clean construction equipment. All diesel equipment shall be powered by Tier 3 engines or equivalent. In addition, all off-road equipment idling shall be limited to 2 minutes.
MM AIR-3b Prior to issuance of the final certificate of occupancy for each building, the following measures to reduce emissions from on-site heavy-duty trucks shall be implemented:
a) Post signs in all loading/unloading areas informing truck drivers California Air Resources Board (ARB) diesel anti-idling regulations. The signs shall include 160
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b) Require facility management to be trained in California ARB anti-idling regulations. Anti-idling training shall be incorporated into the facility operations manual or equivalent document.
c) Provide tenants with information about SmartWay or other organizations that seek to reduce air emissions associated with goods movement. (This mitigation measure does not apply to the proposed improvements).
Conclusion
The conclusions from the 2015 FEIR related to air quality impacts would remain unchanged with the approval of the proposed improvements.
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
IV. Biological Resources
Would the project:
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
United States Fish and
Wildlife Service?
Less than
significant
impact after
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
special status
species.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
special status
species.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
special status
species.
MM BIO-1a,
MM BIO-1b,
MM BIO-1c,
MM BIO-1d,
MM BIO-2a,
MM BIO-2b,
and
MM BIO-2c
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 United States
Fish and Wildlife
Service?
No impact No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
riparian habitat
or on other
sensitive natural
community.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
riparian habitat.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
riparian habitat.
None
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?
Less than
significant
impact after
mitigation
No. The proposed
improvements do
not involve
changes that
could result in a
new impact on
potentially State
or federally
protected
wetlands.
No. There are no
new
circumstances that
would result in
new or more
severe impacts on
State or federally
protected
wetlands.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of State
or federally
protected
wetland (State
and federal
jurisdictional
determination).
MM BIO-4a
MM BIO-4b
MM BIO-5a
MM BIO-5b
[Only MM BIO4a would apply
to the
proposed
improvements]
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
d) Interfere substantially
with the movement of
any native resident or
migratory fish or wildlife
species or with
established native
resident or migratory
wildlife corridors, or
impede the use of
wildlife nursery sites?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
fish or wildlife
movement.
No. There are no
new
circumstances that
would result in
new or more
severe impacts on
fish or wildlife
movement.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of fish
or wildlife
movement.
None
e) Conflict with any local
policies or ordinances
protecting biological
resources, such as a tree
preservation policy or
ordinance?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
local biological
policies or
ordinances.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
fish or local
biological policies
or ordinances.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of local
biological
policies or
ordinances.
None
f) Conflict with the
provisions of an
adopted Habitat
Conservation Plan,
Natural Community
Conservation Plan, or
other approved local,
regional, or State
habitat conservation
plan?
No impact No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
an adopted
Habitat
Conservation Plan
or Natural
Community
Conservation
Plan.
No. There are no
new
circumstances that
would result in
new or more
severe impacts on
an adopted
Habitat
Conservation Plan
or Natural
Community
Conservation Plan.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of an
adopted Habitat
Conservation
Plan or Natural
Community
Conservation
Plan.
None
Discussion
a) The 2015 FEIR indicated that the area provided suitable habitat for rare plants (alkali milkvetch, big-scale balsamroot, Contra Costa goldfields, dwarf downingia, legenere, San Joaquin spearscale, saline clover, and showy Indian clover), California red-legged frog, western pond turtle, tricolored blackbird, Swainson’s hawk, nesting northern harrier, other ground-nesting raptors, nesting birds, and vernal pool fairy shrimp. The 2015 FEIR set forth MM BIO-1a, BIO1b, BIO-2a, BIO-2b, and BIO-2c, which require surveys for the affected species prior to construction and implementation of avoidance or relocation measures, to reduce impacts to less than significant.
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FirstCarbon Solutions 43 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx The proposed improvements would not result in new or more severe impacts. The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-ofway between SR-29 and Devlin Road. The existing right-of-way contains asphalt-concrete pavement, curb, gutter, disturbed areas, non-native annual grassland with a substantial ruderal component, a seasonal wetland swale, which drains a larger seasonal wetland south of the project site to a double culvert draining runoff under the intersection South Kelly Rd and Devlin Rd to Napa River. Trees suitable for bird nesting are present within disturbance distance of the proposed improvements, which includes construction activities and laydown areas which could produce noise that could disturb active nests in the project vicinity. Potential impacts to these habitat categories, nesting birds, and potentially occurring special-status or sensitive species are fully analyzed in the 2015 FEIR. There have been no changes to the habitat categories or potentially occurring special-status or sensitive species since the 2015 FEIR was certified.
Thus, MM BIO-1a, BIO-1b, BIO-1c, BIO-1d, BIO-2a, BIO-2b, and BIO-2c would apply and reduce impacts to a level of less than significant. As such, the proposed improvements would not alter any conclusions set forth in the 2015 FEIR.
b) The 2015 FEIR indicated that the project site does not contain any riparian habitat, which precludes the possibility of impacts. The 2015 FEIR concluded that no impacts would occur.
The proposed improvements would not result in new or more severe impacts. There have not been any changes with respect to the presence of riparian habitat or other sensitive natural communities since the 2015 FEIR was certified. The proposed improvement area does not contain any riparian habitat or other sensitive natural community, which continues to preclude the possibility of impacts. As such, the proposed improvements would not alter any conclusions set forth in the 2015 FEIR.
c) The 2015 FEIR indicated that the project site contains 3.49 acres of seasonal wetlands, with
0.24 acre impacted by proposed improvements development activities, including construction of a new sewer alignment. Additionally, the project site contains No Name Creek and proposed improvements activities would involve disturbance to portions of the waterway. The 2015 FEIR set forth MM BIO-4a, BIO-4b, BIO-5a, and BIO-5b, which require the applicant obtain the requisite approvals and implement the required mitigation measures imposed by the resource agencies to reduce impacts to a level of less than significant. These mitigation measures would apply to the additional wetland creation required under the Development Agreement. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would not result in new or more severe impacts. The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-ofway between SR-29 and Devlin Road, outside of the area around No Name Creek. The proposed sewer alignment has already been constructed and the proposed improvements would have no effect upon this component.
The existing right-of-way contains asphalt-concrete pavement, curb, gutter, disturbed areas, a non-native annual grassland with a substantial ruderal component, and a seasonal wetland 164
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The seasonal wetland located partially within the project site is potentially a State and/or federally protected wetland, pending formal jurisdictional determination by the United States Army Corps of Engineers (USACE) and Regional Water Quality Control Board (RWQCB).
Thus, MM BIO-4a would apply and reduce impacts to a level of less than significant. As such, the proposed improvements would not alter any conclusions set forth in the 2015 FEIR.
Mitigation Measures MM BIO-4b, 5a, and 5b would not apply as they related to development adjacent to the No Name Creek area as well as to a proposed sewer alignment that is already constructed and operational).
d) The 2015 FEIR indicated that the project site does not serve as a wildlife or fish movement corridor because of surrounding barriers such as urban development and SR-29. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would not result in new or more severe impacts. The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-ofway between SR-29 and Devlin Road. The existing right-of-way contains asphalt-concrete pavement, curb, gutter, and disturbed areas. The proposed improvement area does not serve as a fish or wildlife corridor. It contains no natural waterways or other features that would facilitate fish and wildlife movement. The project site and proposed improvement area remain surrounded by barriers to wildlife and fish movement, including urban development and SR-29.
As such, the proposed improvements would not alter any conclusions set forth in the 2015 FEIR.
e) The 2015 FEIR indicated that there are no trees on the project site and, therefore, the NLP2 Project is not subject to the City of American Canyon tree preservation requirements (Municipal Code Chapter 18.40). No conflicts with local biological ordinances or policies would occur. The 2015 FEIR concluded that no impact would occur.
The proposed improvements would not result in new or more severe impacts. The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-ofway between SR-29 and Devlin Road. The existing right-of-way contains asphalt-concrete pavement, curb, gutter, and disturbed areas. There are no trees or other resources subject to local requirements within the right-of-way. As such, the proposed improvements would not alter any conclusions set forth in the 2015 FEIR.
f) The 2015 FEIR indicated that the project site was not within the boundaries of an adopted habitat conservation plan or natural community conservation plan. No conflicts with adopted conservation plans would occur. The 2015 FEIR concluded that no impact would occur.
The proposed improvements would not result in new or more severe impacts. The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of165 City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 45 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx way between SR-29 and Devlin Road. The existing right-of-way contains asphalt-concrete pavement, curb, gutter, and disturbed areas. The right-of-way is not within the boundaries of an adopted habitat conservation plan or natural community conservation plan. As such, the proposed improvements would not alter any conclusions set forth in the 2015 FEIR.
Mitigation Measures
MM BIO-1a Prior to any vegetation removal or ground disturbing activities in the off-site development areas, focused surveys shall be conducted to determine the presence of special-status plant species with potential to occur in the off-site development area. Surveys shall be conducted in accordance with the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (CDFG 2009). These guidelines require rare plant surveys to be conducted at the proper time of year when rare or endangered species are both “evident” and identifiable. Field surveys shall be scheduled to coincide with known blooming periods, and/or during periods of physiological development that are necessary to identify the plant species of concern. If no special-status plant species are found on the off-site development areas, then the project will not have any impacts to the species and no additional mitigation measures are necessary. If any of the special-status plant species are found on the off-site development areas and cannot be avoided, the following measures shall be required:
• Where surveys determine that special-status plant species are present within the off-site development areas, direct and indirect impacts of the project on the species (e.g., alkali milk-vetch, big-scale balsamroot, Contra Costa goldfields, dwarf downingia, legenere, San Joaquin spearscale, saline clover, and showy Indian clover) shall be avoided where feasible through the establishment of activity exclusion zones, where no ground-disturbing activities shall take place, including construction of new facilities, construction staging, or other temporary work areas. Activity exclusion zones for special-status plant species shall be established prior to construction activities around each occupied habitat site, the boundaries of which shall be clearly marked with standard orange plastic construction exclusion fencing or its equivalent. The establishment of activity exclusion zones shall not be required if no construction-related disturbances would occur at SR-29/South Kelly Road and within 250 feet of the occupied habitat site. The size of activity exclusion zones may be reduced through consultation with a qualified biologist and with concurrence from the United States Fish and Wildlife Service (USFWS) or California Department of Fish and Wildlife (CDFW), as applicable, based on site-specific conditions.
MM BIO-1b If special status plants are found in the off-site development areas and cannot be avoided, the applicant shall retain a qualified biologist and consult with the United States Fish and Wildlife Service (USFWS) or California Department of Fish and Wildlife (CDFW), as applicable, to prepare a special-status plant mitigation and monitoring plan to determine feasible impact minimization and mitigation for those 166
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• On-site seed/propagule salvage and transplantation to mitigate for unavoidable temporary construction impacts to special status plants habitat in the off-site development areas.
• Incorporating project site management requirements designed to reduce ongoing impacts from project operation, including controlling public access to avoided special status plants habitat remaining on-site.
• A salvage/transplanting program shall be developed, as part of a special-status plant mitigation and monitoring plan, for the salvage and transfer of special status plants populations from the off-site development areas before the initiation of construction activities to another location either off-site or on-site that will be preserved in perpetuity (via conservation easement, deed restriction, or other appropriate legal means). Permits may be required from the CDFW or USFWS if a listed species is found and may require further mitigation in consultation with the appropriate agency or agencies. (Note: Salvage/transplantation methods for the salvaged plant population must be developed on a species-by-species basis and would likely include the involvement of local conservation easements/preserves/open space, where applicable to ensure preservation in perpetuity). The salvage of special-status plant species must be performed at the correct time of year and transplanting must be successfully completed during the same year as construction was completed. The propagation program shall include establishment of success criteria for the affected special status plants. • Efforts shall be made to salvage portions of the habitat or plant populations that will be lost as a result of implementation of the proposed improvements. In addition to salvaging of special status plants themselves, salvage efforts shall include topsoil and seed-banks surrounding impacted plants, if doing so will not contribute to the spread of invasive or noxious plant species. • If the resource agencies determine that implementation of MM BIO-1b is insufficient to mitigate for the loss of special status plants, the applicant shall instead implement MM BIO-1d.
MM BIO-1c If special status plants are found on-site and MM BIO-1b is implemented, the applicant shall design and implement a monitoring program as part of the specialstatus plant mitigation and monitoring plan to evaluate compliance with and the effectiveness of these mitigation measures. The monitoring program shall be conducted by a qualified botanist, and shall take place periodically during project construction, and annually, following the completion of construction, for 5 years.
The project applicant shall bear the financial responsibility for mitigation measure monitoring and reporting for the entirety of the 5-year reporting period. If the monitoring program identifies mitigation measure noncompliance or ineffectiveness, the project applicant shall fund and implement remedial measures 167
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FirstCarbon Solutions 47 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx including, but not limited to, on-site habitat restoration, re-seeding, the installation and maintenance of additional fencing, and other appropriate measures. The project applicant shall ensure that sufficient funding exists to complete all reasonably foreseeable remedial actions prior to the commencement of project construction.
Annual monitoring reports shall be submitted to the United States Fish and Wildlife Service (USFWS) or California Department of Fish and Wildlife (CDFW) as applicable.
MM BIO-1d In lieu of on-site mitigation pursuant to MM BIO-1b and MM BIO-1c, as allowed in writing by the City (for CEQA-protected species only) or CDFW (for State-listed species) or USFWS (for federally listed species), mitigation requirements may be satisfied via the purchase of qualified mitigation credits or the preservation of offsite habitat.
Appropriate off-site conservation opportunities shall be identified and, if feasible, protected in perpetuity through the purchase of conservation easements and/or mitigation bank credits. The habitat value of off-site conservation areas shall be enhanced where feasible through means such as reducing grazing intensity and restricting access. At a minimum, the loss of individuals or acres of occupied habitat (as appropriate) of a special-status species shall be compensated for through the acquisition, protection, and subsequent management of other existing occurrences at a ratio of 1:1. The resource agencies may increase the ratio depending on the rarity of the affected rare plant species (i.e., a listed species), and the abundance of the rare plant habitat impacted.
MM BIO-2a (Swainson’s Hawk) Pre-construction surveys shall be conducted for a half-mile radius around all project activities and shall be completed for at least two survey periods immediately prior to project initiation. The surveys shall be conducted in accordance with CDFW’s “Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley” (CDFG 2000), which identifies different survey windows throughout the pre-nesting and nesting season (ranging from January 1 through July 30/post-fledging) that have different survey methodologies and requirements, as set forth in the “Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley.” If no nesting Swainson’s hawks are identified during the April surveys (first survey), project construction can commence. If during the second survey (June), Swainson’s hawks are found nesting in the project vicinity and project construction commenced in April/May, it should be assumed that the Swainson’s hawks commenced nesting while the project site was under construction and, thus, that the hawks are habituated to the ambient level of noise and disturbance emanating from the project site.
If Swainson’s hawks nest on or within the area of influence of the project site (which is generally considered to be within 1,320 feet (.25 mile) of the project site, impacts to nesting Swainson’s hawks would be regarded as significant pursuant to the CEQA, 168
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48 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx and implementation of avoidance measures below would be necessary to ensure the project does not impact the nesting Swainson’s hawks.
If Swainson’s hawks are found to be nesting on or within 1,320 feet (.25 mile) of the project site, a non-disturbance buffer shall be established that keeps all project activities a minimum of 1,320 feet from the nest site. If the 1,320-foot buffer only partially intersects the project site, that intersecting area shall be demarked in orange construction fencing and will ensure that noise/disturbance related impacts emanating from the project site remains at least 1,320 feet from the nest site. No project activities would be allowed in the orange construction fenced off area constituting the buffer.
If a qualified raptor biologist makes a determination that the nesting Swainson’s hawks are shielded from disturbance by geographic barriers or are well acclimated to higher levels of disturbance (for example if the nesting attempt commenced after the project was under construction, or the nest site is adjacent to preexisting high levels of disturbance), the biologist may justify a recommendation for a smaller buffer. CDFW shall be consulted regarding the qualified raptor biologists’ recommendations for an appropriate non-disturbance buffer. At that time the necessity of acquiring a Fish and Game Section 2081 management authorization would also be determined. A Section 2081 management authorization would be required if there was a valid concern that project activities could result in “take” of adult Swainson’s hawks, their nestlings, or eggs.
Under all circumstances the nesting buffer must ensure that all project-related disturbance remains far enough away from the Swainson’s hawk nest site to ensure that the level of construction related disturbance does not result in deleterious effects on the nesting hawks, their eggs, or nestlings. If the nesting buffer is reduced to less than 1,320 feet, a qualified raptor biologist shall monitor the nesting hawks initially for a period long enough to understand the nesting hawks response to disturbance, and thereafter on a routine basis (at least 3 times a week, or as required by the CDFW) until the nestlings successfully fledge and become independent of the nesting tree. Any buffer that is smaller than 1,320 feet may have to be increased in size again if the nesting hawks respond poorly to a reduced buffer.
No project-related disturbance shall be allowed in the nesting buffer until the young fledge the nest or the nesting attempt is otherwise complete for the year. The buffer should remain in place until the fledglings become independent of the nesting tree.
The young can be considered successfully fledged when the hawks no longer return to the nesting tree for several consecutive nights.
Implementation of this mitigation measure would reduce potential impacts to Swainson’s hawk to a level considered less than significant pursuant to CEQA. 169
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FirstCarbon Solutions 49 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx MM BIO-2b (Northern Harrier and Ground Nesting Birds) Prior to ground disturbance a nesting survey shall be conducted for ground nesting raptors and birds, including the northern harrier, during the nesting season, between February 1 and September 1.
Typically, the northern harrier builds a grass-lined nest on the ground in grassland habitat. In order to determine if this raptor or other ground-nesting species are nesting on-site, a qualified biologist shall conduct walking transects through the project site’s herbaceous and grassland habitats. If a northern harrier nest is identified, a qualified biologist who frequently works with nesting raptors/birds shall prescribe adequate nesting buffers to protect the nesting birds from harm. These buffers shall be established with orange construction fencing. If the nest is located outside of the project site, then the buffer should be demarcated where the buffer intersects the project site. No construction or earth-moving activity shall occur at SR-29/South Kelly Road and within the established buffer until the young have fledged (that is, left the nest) and have attained sufficient flight skills to avoid project construction zones. If a qualified biologist is not hired to monitor the nesting raptors, then the buffers shall be maintained in place through the end of August.
MM BIO-2c (Tricolored Blackbird and Other Nesting Birds) If construction is to commence between February 1 and September 1, a nesting bird survey shall be conducted 15 days prior to earth moving or the commencement of construction work. If any birds are found nesting on the project site or within a zone of influence of the project site, qualified biologist who frequently works with nesting birds shall prescribe adequate nesting buffers to protect the nesting birds from harm. No construction or earthmoving activity shall occur at SR-29/South Kelly Road and within any nest protection buffer until it is determined by a qualified biologist that the nesting cycle is complete and any young that fledge have attained sufficient flight skills to avoid being impacted by the proposed improvements.
MM BIO-4a Prior to issuance of grading permits, the project applicant shall obtain all requisite approvals and permits from the United States Army Corps of Engineers (USACE) and Regional Water Quality Control Board (RWQCB) for on-site and off-site impacts to waters of the United States and waters of the State. Mitigation of impacts shall be achieved through either (1) creation and preservation of seasonal wetland habitat within the 37-acre Preserve Area, or (2) off-site restoration of features of equal or greater value, or (3) purchase of credits at an agency-approved mitigation bank in the region at a ratio to be determined through consultation with the USACE and RWQCB, but no less than a 1:1 ratio.
MM BIO-4b The project shall avoid impacts to wetlands occurring within the proposed sewer alignment by adjusting staging, access, and excavation areas to accommodate existing wetlands and by installing silt fence around the perimeter of any existing wetlands adjacent to pipeline installation work. (This mitigation measure does not apply to the proposed improvements. The sewer pipeline has already been installed and the applicant has already complied with this mitigation measure.) 170
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50 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx MM BIO-5a Impacts within No Name Creek (above the ordinary high-water mark but below the top-of-bank) shall be mitigated to the satisfaction of the CDFW as part of the issuance of a Streambed Alteration Agreement pursuant to Section 1602 of the Fish and Game Code. Prior to issuance of grading permits, the project applicant shall obtain all requisite approvals and permits from CDFW for on-site and off-site impacts to No Name Creek.
Mitigation for impacts to the tops of bank of No Name Creek shall be mitigated at a ratio of at least 3:1 or at a higher mitigation ratio as required by CDFW based on the linear feet of creek bank impacted by the proposed clearspan bridge. The applicant shall implement mitigation that includes creation of riparian habitat along North Slough within the project boundary through the planting of native trees such as oaks and other riparian tree and/or shrub species as determined appropriate in the 1602 Agreement. The planting shall be irrigated through an establishment period as determined in the 1602 Agreement. The riparian enhancement shall be monitored for approximately 5 years or as otherwise determined in the 1602 Agreement, and annual monitoring reports shall be prepared throughout the monitoring period. The monitoring plan shall include success criteria as required by the 1602 Agreement.
Monitoring reports shall be submitted to CDFW and the City of American Canyon.
In the event that any stormwater outfall is necessary within No Name Creek, mitigation for these impacts will be included in the mitigation requirements described above. If impacts occur at SR-29/South Kelly Road and within USACE jurisdiction, the mitigation for the impacts shall be included within a Corps permit application and impacts shall be mitigated via the creation of new wetlands at a minimum ratio of 2:1 (or as otherwise determined by the USACE) within the 37-acre wetland preserve on-site. Monitoring of the created wetlands shall be conducted for at least 5 years and annual monitoring reports shall be prepared and submitted to the USACE, the RWQCB, and the City of American Canyon. Success criteria shall be established in accordance with the USACE permit. (This mitigation measure does not apply to the proposed improvements. The applicant has already completed the work within No Name Creek and complied with this mitigation measure. The proposed improvements will not involve impacts to No Name Creek.) MM BIO-5b The project shall bore and jack the new sewer and recycled water lines under No Name Creek, if the western alignment is selected, to avoid potential impacts to waters of the U.S. or the creek. Prior to the issuance of construction permits for the off-site utilities, the applicant shall submit a plan for this work demonstrating that no impacts to the waters of the U.S. shall occur. All necessary approvals from CDFW or USACE shall be obtained prior to the start of this construction. (This mitigation measure does not apply to the proposed improvements. The applicant has already installed the new sewer and recycled water lines and complied with this mitigation measure.)
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FirstCarbon Solutions 51 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the proposed improvements.
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52 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx Environmental Issue
Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
V. Cultural and Tribal Cultural Resources
Would the project:
a) Cause a substantial
adverse change in the
significance of a
historical resource as
pursuant to Section
15064.5?
Less than
significant
impact with
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
historic
resources.
No. There are no
new
circumstances
that would result
in new or more
severe impacts on
historic
resources.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
historic
resources.
MM CUL-1
b) Cause a substantial
adverse change in the
significance of an
archaeological resource
pursuant to Section
15064.5?
Less than
significant
impact with
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
archaeological
resources.
No. There are no
new
circumstances
that would result
in new or more
severe impacts on
archaeological
resources.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
archaeological
resources.
MM CUL-1
c) Disturb any human
remains, including those
interred outside of
formal cemeteries?
Less than
significant
impact with
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
burial sites.
No. There are no
new
circumstances
that would result
in new or more
severe impacts on
burial sites.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of burial
sites.
MM CUL-4
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:
d) 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), or
N/A No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
tribal cultural
resources.
No. There are no
new
circumstances
that would result
in new or more
severe impacts on
tribal cultural
resources.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of tribal
cultural
resources.
MM CUL-1
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
e) 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
Resource Code Section
5024.1, the lead agency
shall consider the
significance of the
resource to a California
Native American tribe.
N/A No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
tribal cultural
resources.
No. There are no
new
circumstances
that would result
in new or more
severe impacts on
tribal cultural
resources.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of tribal
cultural
resources.
MM CUL-1
Discussion
Cultural Resources
a) The 2015 FEIR indicated that the cultural resources field survey identified a collapsed water tank on-site. The structure was assessed for historic significance, and the assessment determined that the water tank did not meet national or state criteria for listing on a historic register and was not a historic resource. The 2015 FEIR concluded that no tribal cultural resources had been recorded within the NLP2 Project vicinity, nor were any encountered during the field survey. However, subsurface construction activities associated with new development, such as trenching and grading, could potentially damage or destroy previously undiscovered historic resources. This was found to be a potentially significant impact, and MM CUL-1 was proposed that requires cessation of construction activities if previously undiscovered resources are encountered during construction. In the event of discovery, an evaluation of the resource or resources must be conducted by a qualified archaeologist, and proper recovery and recordation procedures must be followed. Implementation of this mitigation measure would reduce impacts to a level of less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The existing right-of-way contains asphaltconcrete pavement, curb, gutter, and disturbed areas. Although the likelihood of finding undiscovered historic resources is low, MM CUL-1 would continue to apply and reduce impacts to a level of less than significant. As such, the proposed improvements would not alter any cultural resources conclusions set forth in the 2015 FEIR. 174
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54 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx b) The 2015 FEIR concluded that no archaeological resources, including tribal cultural resources, had been recorded within the NLP2 Project vicinity, nor were any encountered during the field survey. However, subsurface construction activities associated with new development, such as trenching and grading, could potentially damage or destroy previously undiscovered archaeological resources. This was found to be a potentially significant impact, and MM CUL-1 was proposed that requires cessation of construction activities if previously undiscovered resources are encountered during construction. In the event of discovery, an evaluation of the resource or resources must be conducted by a qualified archaeologist, and proper recovery and recordation procedures must be followed. Implementation of this mitigation measure would reduce impacts to a level of less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The existing right-of-way contains asphaltconcrete pavement, curb, gutter, and disturbed areas. Although the likelihood of finding undiscovered archaeological resources is low, MM CUL-1 would continue to apply and reduce impacts to a level of less than significant. As such, the proposed improvements would not alter any cultural resources conclusions set forth in the 2015 FEIR. c) The 2015 FEIR concluded that no known human remains were known to be present within the project site, nor were any encountered during the field survey. However, subsurface construction activities associated with new development such as trenching, and grading could potentially encounter previously undiscovered human remains. This was determined to be a potentially significant impact. Accordingly, MM CUL-4 requires notification of the Napa County Coroner and the Native American Heritage Commission (NAHC) in the event human remains are encountered and the implementation of appropriate treatment procedures.
Implementation of this mitigation measure would reduce impacts to a level of less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The existing right-of-way contains asphaltconcrete pavement, curb, gutter, and disturbed areas. Although the likelihood of finding undiscovered human remains is low, MM CUL-4 would continue to apply and reduce impacts to a level of less than significant. As such, the proposed improvements would not alter any cultural resources conclusions set forth in the 2015 FEIR.
Tribal Cultural Resources
d-e) The 2015 FEIR did not evaluate tribal cultural resources, as this topic was not on the CEQA Appendix G Checklist at the time the EIR was certified. The proposed improvements have no potential to cause new or more severe impacts to tribal cultural resources as compared to the improvements originally required in the 2015 FEIR. The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The existing right-of-way contains asphalt-concrete pavement, curb, gutter, and disturbed areas. There are no known tribal cultural resources within the right-of-way and the likelihood of finding undiscovered tribal cultural resources is low. In addition, MM CUL-1 would 175
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FirstCarbon Solutions 55 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx continue to apply and reduce any potential impacts to a level of less than significant. As such, the proposed improvements would not alter any cultural resources conclusions set forth in the 2015 FEIR.
Mitigation Measures
MM CUL-1 If prehistoric or historic-period archaeological resources are encountered, all construction activities within 100 feet of the find shall halt and the City of American Canyon shall be notified. Prehistoric archaeological materials might include obsidian and chert flaked stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil (“midden”) containing heat-affected rocks, artifacts, or shellfish remains; and stone milling equipment (e.g., mortars, pestles, handstones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic-period materials might include stone, concrete, or adobe footings and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic refuse. A Secretary of the Interior-qualified archaeologist shall inspect the findings within 24 hours of discovery. If it is determined that the project could damage a historical resource or a unique archaeological resource (as defined pursuant to the CEQA Guidelines) mitigation shall be implemented in accordance with PRC Section 21083.2 and Section 15126.4 of the CEQA Guidelines, with a preference for preservation in place. Consistent with Section 15126.4(b)(3), this may be accomplished through planning construction to avoid the resource; incorporating the resource within open space; capping and covering the resource; or deeding the site into a permanent conservation easement. If avoidance is not feasible, a qualified archaeologist shall prepare and implement a detailed treatment plan in consultation with the City of American Canyon. Treatment of unique archaeological resources shall follow the applicable requirements of PRC Section 21083.2. Treatment for most resources would consist of (but would not be not limited to) sample excavation, artifact collection, site documentation, and historical research, with the aim to target the recovery of important scientific data contained in the portion(s) of the significant resource to be impacted by the proposed improvements. The treatment plan shall include provisions for analysis of data in a regional context, reporting of results within a timely manner, curation of artifacts and data at an approved facility, and dissemination of reports to local and state repositories, libraries, and interested professionals.
MM CUL-4 In the event of discovery or recognition of any human remains during construction activities, such activities within 100 feet of the find shall cease until the Napa County Coroner has been contacted to determine that no investigation of the cause of death is required. The Native American Heritage Commission (NAHC) will be contacted within 24 hours if it is determined that the remains are Native American. The NAHC will then identify the person or persons it believes to be the most likely descendant from the deceased Native American (PRC §5097.98), who in turn would make recommendations to the City of American Canyon for the appropriate means of treating the human remains and any associated funerary objects [CEQA Guidelines §15064.5(d)].
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The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
VI. Energy
Would the project:
a) Result in potentially
significant
environmental impact
due to wasteful,
inefficient, or
unnecessary
consumption of energy
resources, during
project construction or
operation?
N/A No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
energy
consumption.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
energy
consumption.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
energy
consumption.
None
b) Conflict with or obstruct
a State or local plan for
renewable energy or
energy efficiency?
N/A No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
renewable energy
or energy
efficiency.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
renewable energy
or energy
efficiency.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
renewable
energy or
energy
efficiency.
None
Discussion
a) The 2015 FEIR did not evaluate energy conservation as this topic was not on the CEQA Appendix G Checklist at the time the EIR was certified. The proposed improvements consist of reconstructing South Kelly Road between SR-29 and Devlin Road and adding turn lanes at the eastbound approach to SR-29. Construction of the proposed improvements would involve the same or less energy use as compared to the improvements originally analyzed under the 2015 FEIR. Construction activities would involve the use of diesel fuel. The limited scope of the improvements would allow them to be implemented over a relatively short construction schedule. In addition, construction vehicles and equipment would comply with new regulatory requirements intended to improve construction efficiency, including limiting idling time and use of U.S. EPA tiered equipment. Thus, wasteful, inefficient, or unnecessary consumption of diesel fuel would not occur. No net increase in operational energy consumption is anticipated as no additional light fixtures or other electrical devices would be installed as a part of the proposed improvements. Thus, energy consumption would not be wasteful, inefficient, or unnecessary, and the proposed improvements would not result in new or more severe energy impacts.
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58 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx b) The 2015 FEIR did not evaluate conflicts with renewable energy or energy efficiency plans as this topic was not on the CEQA Appendix G Checklist at the time the EIR was certified. The proposed improvements consist of reconstructing South Kelly Road between SR-29 and Devlin Road and adding turn lanes at eastbound approach to SR-29. Construction of the proposed improvements would not result in any new or more severe impacts compared to the improvements originally required by the 2015 FEIR.
The proposed improvements would not conflict with any renewable energy or energy efficiency plans, such as Title 24 or CalGreen, as these do not apply to road improvement projects. No net increase in operation energy consumption is anticipated as no additional light fixtures or other electrical devices would be installed. Thus, no conflicts with renewable energy or energy efficiency plans would occur and the proposed improvements would not result in new or more severe impacts.
2015 FEIR Mitigation Measures
None.
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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Area
Conclusion
in 2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
VII. Geology, Seismicity, and Soils
Would the project:
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 AlquistPriolo Earthquake
Fault Zoning Map
issued by the State
Geologist for the
area or based on
other substantial
evidence of a known
fault? Refer to
Division of Mines
and Geology Special
Publication 42.
Less than
significant
impact with
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
an earthquake
fault.
No. There are no
new circumstances
that would result in
new or more
severe impacts on
an earthquake
fault.
No. No new
information of
substantial
importance
indicates the need
for additional
analysis of an
earthquake fault.
MM GEO-1a
[MM GEO-1a
does not apply
to the
proposed
improvements]
ii) Strong seismic
ground shaking?
Less than
significant
impact with
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
strong seismic
ground shaking.
No. There are no
new circumstances
that would result in
new or more
severe impacts on
strong seismic
ground shaking.
No. No new
information of
substantial
importance
indicates the need
for additional
analysis of strong
seismic ground
shaking.
MM GEO-1b
iii) Seismic-related
ground failure,
including
liquefaction?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
seismic-related
ground failure,
including
liquefaction.
No. There are no
new circumstances
that would result in
new or more
severe impacts on
seismic-related
ground failure,
including
liquefaction.
No. No new
information of
substantial
importance
indicates the need
for additional
analysis of seismicrelated ground
failure, including
liquefaction.
None
iv) Landslides? Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
landslides.
No. There are no
new circumstances
that would result in
new or more
severe impacts on
landslides.
No. No new
information of
substantial
importance
indicates the need
for additional
analysis of
landslides.
None
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Area
Conclusion
in 2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
b) Result in substantial soil
erosion or the loss of
topsoil?
Less than
significant
impact with
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
soil erosion.
No. There are no
new circumstances
that would result in
new or more
severe impacts on
soil erosion.
No. No new
information of
substantial
importance
indicates the need
for additional
analysis of soil
erosion.
MM HYD-1a
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?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
unstable geologic
units or soils.
No. There are no
new circumstances
that would result in
new or more
severe impacts on
unstable geologic
units or soils.
No. No new
information of
substantial
importance
indicates the need
for additional
analysis of
unstable geologic
units or soils.
None
d) Be located on expansive
soil, as defined in Table
18-1-B of the Uniform
Building Code (1994),
creating substantial
direct or indirect risks to
life or property?
Less than
significant
impact with
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts
on expansive
soils.
No. There are no
new circumstances
that would result in
new or more
severe impacts on
expansive soils.
No. No new
information of
substantial
importance
indicates the need
for additional
analysis of
expansive soils.
MM GEO-1b
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?
No impact No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts
on septic
systems.
No. There are no
new circumstances
that would result in
new or more
severe impacts on
septic systems.
No. No new
information of
substantial
importance
indicates the need
for additional
analysis of septic
systems.
None
f) Directly or indirectly
destroy a unique
paleontological resource
or site or unique
geologic feature?
Less than
significant
impact with
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts
on
paleontological
resources.
No. There are no
new circumstances
that would result in
new or more
severe impacts on
paleontological
resources.
No. No new
information of
substantial
importance
indicates the need
for additional
analysis of
paleontological
resources.
MM CUL-3
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a) The 2015 FEIR indicated that the project site is within an Alquist-Priolo Earthquake Fault Zone associated with the West Napa Fault. The 2015 FEIR set forth MM GEO-1a, which requires the applicant to retain a geologist or geotechnical engineer to conduct a fault investigation and establish appropriate fault setbacks, to reduce impacts to a level of less than significant.
The 2015 FEIR indicated that the NLP2 Project may be susceptible to strong ground shaking. As such, the 2015 FEIR set forth MM GEO-1b, which requires compliance with all applicable California Building Standards Code seismic design standards, to reduce impacts to a level of less than significant.
The 2015 FEIR concluded that the NLP 2 Project vicinity is characterized by flat relief. This condition precludes the possibility of earthquake-induced landsliding. Accordingly, the 2015 FEIR found that no impacts resulting from landsliding would occur.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The existing right-of-way contains asphaltconcrete pavement, curb, gutter, and disturbed areas. There have been no changes to the underlying fault zones since the 2015 FEIR was certified, and the proposed improvements do not present any new or more severe seismic risk compared to the improvements originally required in the 2015 FEIR. In addition, new information shows that no earthquake faults are located within the proposed improvement area. Thus, MM GEO-1a would not apply. However, MM GEO-1b would apply and reduce impacts to a level of less than significant. As such, the proposed improvements would not alter any geology, soils, or seismicity conclusions set forth in the 2015 FEIR.
b) The 2015 FEIR concluded that there could be potential erosion impacts resulting from grading and excavation during construction activities. During these activities, the potential exists for surface water to carry sediment from on-site erosion into the stormwater system and local waterways, and soil erosion may occur along project boundaries during construction in areas where temporary soil storage is required. The 2015 FEIR set forth MM HYD-1a, which requires implementation of erosion control measures, and which would reduce impacts to a level of less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. Because the project under review consists of roadway improvements and is not a structure, this mitigation measure does not apply.
However, the project would be designed to comply with the City’s standard construction best practices for erosion and stormwater runoff. The existing right-of-way contains asphaltconcrete pavement, curb, gutter, and disturbed areas. Construction activities would involve demolition of existing asphalt-concrete sections, grading, paving, and installation of storm drainage improvements. The proposed construction would be substantially similar to the construction activities for the improvements originally required by the 2015 FEIR and do not have the potential to cause new or more severe erosion impacts. In addition, MM HYD-1a 182
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c) The 2015 FEIR indicated that the project site is underlain by well compacted alluvium soils, which are stable geologic units and suitable for supporting the NLP2 Project. These characteristics indicate that the NLP2 Project would not be susceptible to landslides, lateral spreading, subsidence, collapse, ground failure, liquefaction, or liquefaction-related phenomena. The 2015 FEIR concluded that impacts would be less than significant.
There have been no changes to the underlying soils or geological units since the 2015 FEIR was certified, and the proposed improvements do not present any new or more severe seismic risk compared to the improvements originally required in the 2015 FEIR. As such, the proposed improvements would not alter any geology, soils, or seismicity conclusions set forth in the 2015 FEIR.
d) The 2015 FEIR concluded that the soils underlying the project site possessed significant shrink/swell potential and therefore were expansive. The 2015 FEIR set forth MM GEO-1b, which requires compliance with all applicable California Building Standards Code (CBC) design standards to reduce impacts to a level of less than significant.
There have been no changes to the underlying soils since the 2015 FEIR was certified, and the proposed improvements do not present any new or more severe seismic risk compared to the improvements originally required in the 2015 FEIR. MM GEO-1b would apply and reduce impacts to a level of less than significant. As such, the proposed improvements would not alter any geology, soils, or seismicity conclusions set forth in the 2015 FEIR. e) The NLP2 Project would be served with sanitary sewer service provided by the City of American Canyon; no septic or alternative wastewater disposal systems would be used. This condition precludes the possibility of related impacts. The 2015 FEIR concluded that no impacts would occur.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. No sewer, septic or alternative wastewater disposal systems would be installed. As such, the proposed improvements would not alter any geology, soils, or seismicity conclusions set forth in the 2015 FEIR. f) The 2015 FEIR concluded that no known recorded paleontological resources were present within the NLP2 Project vicinity. However, subsurface construction activities associated with new development such as trenching, and grading could potentially damage or destroy previously undiscovered paleontological resources. This was determined to be a potentially significant impact. Accordingly, MM CUL-3 requires a qualified paleontologist to evaluate any fossils encountered during construction. Implementation of this mitigation measure would reduce impacts to a level of less than significant.
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The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The existing right-of-way contains asphaltconcrete pavement, curb, gutter, and disturbed areas. There are no known paleontological resources within the proposed improvement area. Although the likelihood of finding undiscovered paleontological resources is low, MM CUL-3 would continue to apply and reduce impacts to a level of less than significant. As such, the proposed improvements would not alter any paleontological resources conclusions set forth in the 2015 FEIR.
Mitigation Measures
MM GEO-1a Prior to the issuance of the first construction permit, the project applicant shall retain a California registered geologist or geotechnical engineer to prepare a fault investigation study for the portion of the West Napa Fault that is located within the project site. The fault investigation study shall identify the location of the fault within the project site and determine appropriate setback requirements in accordance with the Alquist-Priolo Earthquake Fault Zoning Act and the California Building Standards Code (CBC). The fault investigation study shall be submitted to the City of American Canyon for review and approval as part of the construction permit application. The recommendations of the approved study shall be incorporated into the project plans and all applicable construction-related permits to ensure all geotechnical issues are addressed in compliance with current building code requirements. (This mitigation measure does not apply to the proposed improvements).
MM GEO-1b Prior to the issuance of building permits for each structure, the project applicant shall submit a design-level Geotechnical Investigation to the City of American Canyon for review and approval. The investigation shall be prepared by a qualified engineer and identify necessary grading and building practices necessary to achieve compliance with the latest adopted edition of the California Building Standards Code geologic, soils, and seismic requirements, including abatement of expansive soil conditions. The report shall also determine the final design parameters for walls, foundations, foundation slabs, and surrounding related improvements (e.g., utilities roadways, parking lots, and sidewalks). The measures identified in the approved report shall be incorporated into the project plans and all applicable constructionrelated permits.(Because the project under review consists of roadway improvements, and is not a structure, this mitigation measure does not apply.) MM CUL-3 If potential fossils are discovered during project implementation, all earthwork or other types of ground disturbance within 100 feet of the find shall stop immediately until a qualified professional paleontologist can assess the nature and importance of the find. The paleontologist shall report his/her findings to the City of American Canyon. Based on the scientific value or uniqueness of the find, the paleontologist shall either record the find and recommend that the City of American Canyon allow 184
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If treatment and salvage is required, recommendations will be consistent with Society of Vertebrate Paleontology (SVP) guidelines and currently accepted scientific practice. If required, treatment for fossil remains shall include preparation and recovery of fossil materials so that they can be housed in an appropriate museum or university collection, and, if required, shall also include preparation of a report for publication describing the finds.
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
VIII. Greenhouse Gas Emissions
Would the project:
a) Generate greenhouse
gas emissions, either
directly or indirectly,
that may have a
significant impact on the
environment?
Less than
significant
impact after
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
greenhouse gas
emissions.
No. There are no
new
circumstances
that would result
in new or more
severe impacts on
greenhouse gas
emissions.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
greenhouse gas
emissions.
MM AIR-3b
b) Conflict with any
applicable plan, policy
or regulation adopted
for the purpose of
reducing the emissions
of greenhouse gases?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
greenhouse gas
reduction plans.
No. There are no
new
circumstances
that would result
in new or more
severe impacts on
greenhouse gas
reduction plans.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
greenhouse gas
reduction plans.
None
Discussion
a) The 2015 FEIR indicated that the NLP2 Project would emit short-term construction greenhouse gas (GHG) emissions totaling 5,451 metric tons of carbon dioxide equivalents (MTCO2e), which were determined to be less than significant.
The 2015 FEIR indicated that the NLP2 Project would result in unmitigated operational GHG emissions totaling 28,396 MTCO2e annually. The BAAQMD annual threshold for operational emissions is 10,000 MTCO2e. The 2015 FEIR set forth MM AIR-3b to reduce impacts; however, it would not reduce annual emissions to below 10,000 MTCO2e. The 2015 FEIR concluded that the residual significance of this impact was significant and unavoidable.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. Construction of the proposed improvements would result in short-term GHG emissions. These emissions were contemplated by the 2015 FEIR and would be within the 5,451 metric-ton GHG emissions budget. The proposed improvement would not generate new trips or introduce new operational GHG emissions sources. Thus, MM AIR-3b would not apply. As such, the proposed improvements would not alter any GHG impact conclusions set forth in the 2015 FEIR. 186
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The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. Construction of the proposed improvements would result in short-term GHG emissions. These emissions were contemplated by the 2015 FEIR and would be within the 5,451 metric-ton GHG emissions budget. The proposed improvement would not generate new trips or introduce new operational GHG emissions sources. Thus, the improvements would not have the potential to conflict with an applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of GHG. As such, the proposed improvements would not alter any GHG impact conclusions set forth in the Final EIR.
Mitigation Measures
MM AIR-3b.
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the proposed improvements.
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
IX. Hazards and Hazardous Materials
Would the project:
a) Create a significant
hazard to the public or
the environment
through the routine
transport, use, or
disposal of hazardous
materials?
Less than
significant
impact after
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
hazardous
materials.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
hazardous
materials.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
hazardous
materials.
MM HAZ-1a, MM
HAZ-1b, and
MM HAZ-1c
[MM HAZ-1b
does not apply to
the proposed
improvements]
b) Create a significant
hazard to the public or
the environment
through reasonably
foreseeable upset and
accident conditions
involving the release of
hazardous materials into
the environment?
Less than
significant
impact after
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
reasonably
foreseeable upset
and accident
conditions.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
reasonably
foreseeable upset
and accident
conditions.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
reasonably
foreseeable
upset and
accident
conditions.
MM HAZ-1a, MM
HAZ-1b, and
MM HAZ-1c
[MM HAZ-1b
does not apply to
the proposed
improvements]
c) Emit hazardous
emissions or handle
hazardous or acutely
hazardous materials,
substances, or waste
within one-quarter mile
of an existing or
proposed school?
No impact. No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
hazardous
emissions or
handle hazardous
or acutely
hazardous
materials,
substances, or
waste.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
hazardous or
acutely hazardous
materials,
substances, or
waste.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
hazardous or
acutely
hazardous
materials,
substances, or
waste.
None.
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
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
hazardous
materials sites
No. There are no
new circumstances
that would result
in new or more
severe impacts on
hazardous
materials sites
compiled pursuant
to Government
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
hazardous
None
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
a significant hazard to
the public or the
environment?
compiled
pursuant to
Government
Code Section
65962.5.
Code Section
65962.5.
materials sites
compiled
pursuant to
Government
Code Section
65962.5.
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?
Less than
significant
impact after
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
airports.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
airports.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
airports.
MM LU-3
[MM LU-3 does
not apply to the
proposed
improvements]
f) Impair implementation
of or physically interfere
with an adopted
emergency response
plan or emergency
evacuation plan?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
emergency
evacuation or
response.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
emergency
evacuation or
response.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
emergency
evacuation or
response.
None
g) Expose people or
structures, either
directly or indirectly to a
significant risk of loss,
injury or death involving
wildland fires?
No impact. No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
wildland fires.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
wildland fires.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
wildland fires.
None.
Discussion
a-b) The 2015 FEIR indicated that construction and operational activities would involve the use of hazardous materials. The 2015 FEIR set forth MMs HAZ-1a, HAZ-1b, and HAZ-1c, which require training of construction workers in spill prevention and response, preparation of Risk 189
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The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. Construction activities would involve the use of the same types of hazardous materials disclosed and analyzed in the EIR, such as diesel fuel, greases, lubricants, and oils, and would not create the potential for new or more severe hazard impacts from routine transport, use, or disposal of hazardous materials, or reasonably foreseeable upset and accident conditions. MMs HAZ-1a and HAZ-1c would continue to apply and reduce impacts to a level of less than significant. MM HAZ-1b would not apply since it pertains to operational activities. As such, the proposed improvements would not alter any hazards or hazardous materials conclusions set forth in the 2015 FEIR. c) The 2015 FEIR indicated that the nearest school (Napa Junction Elementary School) was located 1.3 miles to the southeast and thus was not within 0.25 mile of the project site. This condition precluded the possibility of the proposed uses having adverse impacts on schools located within a 0.25-mile radius of the project site. The 2015 FEIR concluded that no impact would occur.
Napa Junction Elementary School has since closed. There are no other schools within 0.25 mile of the proposed improvements. As such, the proposed improvements would not alter any hazards or hazardous materials conclusions set forth in the 2015 FEIR. d) The 2015 FEIR indicated that a Phase I Environmental Site Assessment (Phase I ESA) had been prepared for the project site. The Phase I ESA included records review, site reconnaissance, and soil testing, and found that the project site was not listed on a hazardous material database compiled pursuant to Government Code Section 65962.5 and did not contain any recognized environmental constraints that required abatement. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The existing right-of-way contains asphaltconcrete pavement, curb, gutter, and disturbed areas. The Phase I prepared as part of the 2015 FEIR covers the proposed improvement areas. The State Water Resources Control Board Geotracker database indicates that there are no documented releases of hazardous materials within the right-of-way. The improvement area is not listed on a hazardous material database compiled pursuant to Government Code Section 65962.5 and does not contain any recognized environmental constraints that require abatement. As such, the proposed improvements would not alter any hazards or hazardous materials conclusions set forth in the 2015 FEIR. e) The 2015 FEIR indicated that the project site was within Zone D of the Napa County Airport Land Use Compatibility Plan. The 2015 FEIR found that the proposed 2,271,000 square feet of warehouse, distribution, e-commerce, manufacturing, and accessory retail/office were consistent with the Airport Land Use Compatibility Plan’s (ALUCP’s) compatibility requirements.
The 2015 FEIR acknowledged that the Phase I project was required to develop and implement 190
City of American Canyon—South Kelly Road and State Route 29 Improvements Project CEQA Checklist Initial Study/Addendum
70 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx a Wildlife Management Plan for the Wetland Preserve. The NLP2 Project was required to prepare a Wildlife Management Plan for the detention ponds and project site landscaping (MM LU-3.) With the implementation of MM LU-3, the 2015 FEIR concluded that impacts would be less than significant. The project sponsor has since prepared a Wildlife Management Plan addressing the requirements for Phase I and NLP2 and has fully complied with MM LU-3 (see Appendix C.)
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The proposed improvements would consist of low-profile items such as additional turn lanes, curb, gutter, and storm drainage facilities that are consistent with the ALUCP and that would not have the potential to create aviation noise impacts or safety hazards. Furthermore, the proposed improvements would not involve the introduction of sources of electrical interference, distracting lights, or wildlife attractants (e.g., ponds) near Napa County Airport. Thus, MM LU-3 and the Wildlife Management Plan would not apply. As such, the proposed improvements would not alter any aviation conclusions set forth in the 2015 FEIR.
f) The 2015 FEIR indicated that the NLP2 Project would take primary access from Devlin Road and secondary gated access from the Napa County Airport and provide two points of access.
Additionally, the City’s planned extension of Devlin Road to Green Island Road would create an additional emergency response and evacuation route. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The improvements would improve emergency access and evacuation to the project vicinity by providing a second westbound lane on South Kelly Road. Furthermore, the planned extension of Devlin Road is under construction at the time of this writing and is expected to be completed by the end of 2022. Overall, the South Kelly Road improvements and the Devlin Road extension would improve emergency access and evacuation in the project vicinity. As such, the proposed improvements would not alter any emergency response and evacuation conclusions set forth in the 2015 FEIR. g) The 2015 FEIR indicated that the NLP2 Project site is surrounded by urban development and infrastructure on three sides and undeveloped marshy habitat on the fourth side; thus, it would not be susceptible to wildland fires. The 2015 FEIR concluded that no impact would occur.
The surrounding conditions remain the same as studied in the 2015 FEIR and continue to preclude wildfire impacts. The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The surrounding area consists of the Devlin Road Transfer Station (west), light industrial uses (north), SR-29 (east), and a vacant property contemplated to support commercial/industrial development (south). This area is characterized as mostly developed and, thus, is not susceptible to wildland fire risks. As such, the proposed improvements would not alter any wildland fire conclusions set forth in the 2015 FEIR.
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum CEQA Checklist
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MM HAZ-1a Prior to construction, all contractor and subcontractor personnel shall receive training regarding the appropriate work practices necessary to effectively comply with the applicable environmental laws and regulations, including, without limitation, hazardous material spill prevention and response measures.
MM HAZ-1b Prior to issuance of the certificate of occupancy for any uses that involve the storage or use of acutely hazardous materials, the tenant shall consult with the California Emergency Management Agency (CalEMA) to determine the guidelines and regulations applicable to the operations. If required, tenants shall prepare a Risk Management Plan consistent with the California Accidental Release Prevention (CalARP) Program prior to undertaking any storage or use of acutely hazardous materials. (This mitigation measure does not apply to the proposed improvements).
MM HAZ-1c During construction and operations, hazardous materials shall not be disposed of or released onto the ground, the underlying groundwater, or any surface water. Totally enclosed containment shall be provided for all trash. All hazardous construction waste shall be removed to a hazardous waste facility permitted or otherwise authorized to treat, store or dispose of such materials.
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
X. Hydrology and Water Quality
Would the project:
a) Violate any water
quality standards or
waste discharge
requirements or
otherwise substantially
degrade surface or
ground water quality?
Less than
significant
impact after
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
water quality
standards or
waste discharge
requirements.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
water quality
standards or waste
discharge
requirements.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of water
quality
standards or
waste discharge
requirements.
MM HYD-1a
and
MM HYD-1b
[MM HYD-1b
does not apply
to the
proposed
improvements]
b) Substantially decrease
groundwater supplies
or interfere
substantially with
groundwater recharge
such that the project
may impede
sustainable
groundwater
management of the
basin?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
groundwater.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
groundwater.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
groundwater.
None
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;
Less than
significant
impact after
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
erosion.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
erosion.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
erosion.
MM HYD-1a
and
MM HYD-1b
[MM HAZ-1b
does not apply
to the
proposed
improvements]
193
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
(ii) substantially
increase the rate or
amount of surface
runoff in a manner
which would result
in flooding on- or
off-site;
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
flooding.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
flooding.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
flooding.
None
(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
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
runoff.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
runoff.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
runoff.
None
(iv)impede or redirect
flood flows?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
flood flows.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
flood flows.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of flood
flows.
None
d) In flood hazard,
tsunami, or seiche
zones, risk release of
pollutants due to
project inundation?
No impact No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
seiches,
tsunamis, or
mudflows.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
seiches, tsunamis,
or mudflows.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
seiches,
tsunamis, or
mudflows.
None
e) Conflict with or
obstruct
implementation of a
water quality control
plan or sustainable
groundwater
management plan?
N/A No. The proposed
Development
Agreement does
not involve
changes that
would result in
new or more
severe impacts on
water quality
No. There are no
new circumstances
that would result
in new or more
severe impacts on
water quality
control or
sustainable
groundwater
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of water
quality control
Mitigation
Measure HYD1a
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project CEQA Checklist Initial Study/Addendum
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
control or
sustainable
groundwater
management
plans.
management
plans.
or sustainable
groundwater
management
plans.
Discussion
a) The 2015 FEIR indicated that construction and operational activities associated with development of the NLP2 Project had the potential to result in pollution entering downstream waterways. The 2015 FEIR set forth MMs HYD-1a (short-term construction water quality measures) and HYD-1b (long-term operational water quality measures) to reduce impacts to a level of less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The existing right-of-way contains asphaltconcrete pavement, curb, gutter, and disturbed areas. Construction activities would involve demolition of existing asphalt-concrete sections, grading, paving, and installation of storm drainage improvements. MM HYD-1a would apply and would require that stormwater pollution prevention measures be implemented during construction. This would reduce impacts to a level of less than significant. MM HYD-1b would not apply because it pertains to privately-owned and maintained storm drainage improvements whereas the proposed storm drainage improvements would be part of the municipal system. As such, the proposed improvements would not alter any water quality conclusions set forth in the 2015 FEIR. b) The 2015 FEIR indicated that there is an existing agricultural well within the project site that is used to irrigate site improvements associated Napa Logistics Park Phase I; however, use of this well would be discontinued once recycled water services is extended to the project site.
Additionally, the 2015 FEIR indicated that the project site is not well suited for groundwater recharge because of the underlying clay soils. Thus, the NLP2 Project would not contribute to groundwater overdraft or interfere with groundwater recharge. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The existing right-of-way contains asphaltconcrete pavement, curb, gutter, and disturbed areas. There are no groundwater wells within the right-of-way and, thus, none would be altered by the proposed improvements.
Furthermore, the proposed improvements would not require any form of irrigation (including groundwater) or have any other groundwater demand. As such, the proposed improvements would not alter any groundwater conclusions set forth in the 2015 FEIR. 195
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FirstCarbon Solutions 75 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx c) The 2015 FEIR indicated that the NLP2 Project contemplated a network of storm drainage facilities consisting of catch basins, underground piping, and bio swales that would route runoff to several detention basins. The basins would be designed such that runoff is impounded and discharged a rate less than the pre-development condition of the project site into No Name Creek. This would serve to prevent runoff from inundating downstream waterways in a manner that causes erosion or flooding. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. Construction activities would involve the installation of storm drainage improvements that would be designed in accordance with City standards to ensure that runoff does not inundate downstream waterways. As such, the proposed improvements would not alter any water quality conclusions set forth in the 2015 FEIR.
d) The 2015 FEIR indicated that there are no inland bodies of water susceptible to a seiche in the project vicinity, and it noted that the project site is not located along the Pacific coast and thus would not be susceptible to tsunami inundation. In addition, the 2015 FEIR found that there are no steep slopes or volcanic features that could produce a mudflow the project vicinity. The 2015 FEIR concluded that no impact would occur.
The conditions in the vicinity of the project site remain the same as studied in the 2015 FEIR and preclude the possibility of seiche, tsunami, or mudflow impacts. The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-ofway between SR-29 and Devlin Road. This area is more than 2.5 miles from the Napa River and contains flat relief. As such, the proposed improvements would not alter any seiche, tsunami, or mudflow conditions conclusions set forth in the 2015 FEIR. e) The 2015 FEIR did not evaluate conflicts with water quality control or groundwater sustainability plans, as this topic was not on the CEQA Appendix G Checklist at the time the EIR was certified. The proposed improvements would not involve the drilling of new groundwater wells and, therefore, would not conflict with a water quality control or groundwater sustainability plan. No impact would occur.
Mitigation Measures
MM HYD-1a Prior to issuance of grading permits for the proposed project, the City of American Canyon shall verify that the applicant has prepared a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the requirements of the statewide Construction General Permit. The SWPPP shall be designed to address the following objectives: (1) all pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity are controlled; (2) where not otherwise required to be under a Regional Water Quality Control Board (RWQCB) permit, all non-stormwater discharges are identified and either eliminated, controlled, or 196
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76 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx treated; (3) site best management practices (BMPs) are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized nonstormwater discharges from construction activity; and (4) stabilization BMPs are installed to reduce or eliminate pollutants after construction are completed. The SWPPP shall be prepared by a qualified SWPPP developer. The SWPPP shall include the minimum BMPs required for the identified Risk Level. BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association’s (CASQA’s) Stormwater Best Management Handbook–Construction or the Caltrans Stormwater Quality Handbook Construction Site BMPs Manual.
MM HYD-1b Prior to issuance of building permits for the proposed project, the project applicant shall prepare a Stormwater Control Plan that includes post-construction stormwater controls in the site design to satisfy requirements of the Phase II Small MS4 Permit.
This shall include a review of the final Stormwater Control Plan by the City of American Canyon to ensure the required controls are in place.
Provision E.12.h of the MS4 Permit requires an operation and maintenance program be implemented for post-construction stormwater management features.
Responsible parties and funding for long-term maintenance of all BMPs must be specified. This plan shall specify a regular inspection schedule of stormwater treatment facilities in accordance with the requirements of the MS4 Permit. Reports documenting inspections and any remedial action conducted shall be submitted regularly to the City for review and approval. (This mitigation measure would not apply because it pertains to privately-owned and maintained storm drainage improvements whereas the proposed storm drainage improvements would be part of the municipal system).
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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Area
Conclusion
in 2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XI. Land Use and Planning
Would the project:
a) Physically divide an
established community?
No impact No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
division of an
established
community.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
division of an
established
community.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
division of an
established
community.
None
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?
Less than
significant
impact after
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
conflicts with any
applicable land
use plan, policy,
or regulation.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
conflicts with any
applicable land use
plan, policy, or
regulation.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
conflicts with any
applicable land
use plan, policy,
or regulation.
MM LU-3
[MM LU-3 does
not apply to
the proposed
improvements]
Discussion
a) The 2015 FEIR indicated that the project site contains undeveloped land; there are no occupied structures on-site. This condition precludes the possibility of division of an established community. The 2015 FEIR concluded that no impact would occur.
There are no established communities in the vicinity. In addition, the proposed improvements would occur within an existing right-of-way which already contains asphalt-concrete pavement, curb, gutter, and disturbed areas. Because the road right-of-way already exists, the proposed improvements have no potential to create new or more severe impacts with respect to dividing an established community. As such, the proposed improvements would not alter any land use conclusions set forth in the 2015 FEIR.
b) The 2015 FEIR indicated that the NLP2 Project’s 2,271,000 square feet of warehouse, distribution, e-commerce, manufacturing, and accessory retail/office uses were consistent with the allowable uses and development standards of the General Plan’s land use designation of “Industrial” and the Napa County Airport Industrial Area Specific Plan’s zoning of “Business/Industrial Park.” The 2015 FEIR found that the proposed 2,271,000 square feet of 198
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78 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx warehouse, distribution, e-commerce, manufacturing, and accessory retail/office were consistent with the Airport Land Use Compatibility Plan’s compatibility requirements; however, the proposed detention ponds and landscaping had the potential to create wildlife attractant hazards for aviation. The 2015 FEIR set forth MM LU-3, requiring the applicant to retain a qualified biologist to prepare a Wildlife Management Plan to ensure that the detention ponds and landscaping will be designed and managed to reduce wildlife impacts. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements were contemplated by the 2015 FEIR, which was certified by the American Canyon City Council in 2015. As such, they represent the official circulation policy of the City of American Canyon and, thus, are consistent with General Plan and zoning. The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The proposed improvements would consist of low-profile items such as additional turn lanes, curb, gutter, and storm drainage facilities that would not have the potential to create aviation safety hazards. Furthermore, the proposed improvements would not involve the introduction of sources of electrical interference, distracting lights, or wildlife attractants (e.g., ponds) near Napa County Airport. Thus, MM LU-3 would not apply. In addition, for the same reasons explained above, the proposed improvements are consistent with the ALUCP, and MM LU-3 would not apply. As such, the proposed improvements would not alter any land use conclusions set forth in the 2015 FEIR.
Mitigation Measures
MM LU-3 Prior to issuance of the first building permit, the project applicant shall retain a qualified biologist to prepare a Wildlife Management Plan for the landscaping and storm water detention basins. The plan shall incorporate applicable Federal Aviation Administration (FAA) guidance for wildlife management and provide recommendations for the design and operation of the landscaping and stormwater detention basins to ensure that they do not serve as attractants for wildlife or large flocks of birds that may be potentially incompatible with aviation operations. As part of plan development, the applicant shall consult with Napa County Airport representatives. The City of American Canyon shall confirm that the Wildlife Management Plan’s recommendations are reflected in the design and maintenance plans for the landscaping and stormwater detention basins. The plan shall:
• If necessary, refine or adapt water management designs to comply with the guidance set forth FAA guidance. Once developed, the project proponent shall provide copies of its stormwater management plans to the airport management for review by an FAA qualified Wildlife Biologist to confirm that the proposed slope design and bio retention plantings are consistent with Advisory Circular 150/5200-33B.
• Refine or adapt project landscape designs to include materials that will not be attractive to potentially hazardous wildlife. The project proponent should provide copies of its proposed landscape plans and plant palettes to airport management 199
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FirstCarbon Solutions 79 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx for review by an FAA-qualified Wildlife Hazard Damage Biologist to confirm that the proposed landscaping will be consistent with airport operations. • Develop design standards to address aviation and wildlife hazard management concerns. The project applicant shall develop specific design standards for incorporation into lease documents that address wildlife hazard management. For example, site users shall be directed to store all refuse in covered bins or dumpsters and equip signs and light standards with non-perching devices. • Establish a process for ongoing coordination with the Napa County Airport staff regarding wildlife management, facility management procedures, and airport operations so that changes in wildlife activity during or following project construction can be identified and addressed. (This mitigation measure would not apply).
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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Area
Conclusion
in 2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XII. Mineral Resources
Would the project:
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?
No impact No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
loss of known
mineral resources
of statewide
importance.
No. There are no
new
circumstances
that would result
in new or more
severe impacts
on loss of known
mineral resources
of statewide
importance.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of known
mineral resources
of statewide
importance.
None
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?
No impact No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
loss of known
mineral resources
of local
importance.
No. There are no
new
circumstances
that would result
in new or more
severe impacts
on loss of known
mineral resources
of local
importance.
No. No new
information of
substantial
importance
indicates the need
for additional
analysis of known
mineral resources
of local
importance.
None
Discussion
a-b) The 2015 FEIR indicated that the project site contains undeveloped land and does not support mineral extraction operation. This condition precludes the loss of mineral resources. The 2015 FEIR concluded that no impact would occur.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The existing right-of-way contains asphaltconcrete pavement, curb, gutter, and disturbed areas. No mineral resources of statewide or local importance exist within this area. As such, the proposed improvements would not alter any mineral resources conclusions set forth in the 2015 FEIR.
Mitigation Measures
None.
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XIII. Noise
Would the project:
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?
Less than
significant
impact after
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts
associated with
noise levels in
excess of
standards
established by
applicable local,
regional, or
national
regulations.
No. There are no
new circumstances
that would result
in new or more
severe impacts
associated with
noise levels in
excess of
standards
established by
applicable local,
regional, or
national
regulations.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of noise
levels in excess
of standards
established by
applicable local,
regional, or
national
regulations.
MM NOI-1
b) Generation of excessive
groundborne vibration
or groundborne noise
levels?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts
associated with
groundborne
vibration.
No. There are no
new circumstances
that would result
in new or more
severe impacts
associated with
groundborne
vibration.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
groundborne
vibration.
None
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?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts
associated with
aviation noise.
No. There are no
new circumstances
that would result
in new or more
severe impacts
associated with
aviation noise.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
aviation noise.
None
Discussion
a) The 2015 FEIR found that construction activities associated with NLP2 Project construction had the potential to expose surrounding receptors to noise levels in excess of adopted standards.
The 2015 FEIR set forth MM NOI-1 requiring the implementation of construction noise 202
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82 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx attenuation measures, including limits on hours of activities, the use of noise-reduction features on construction equipment, and the use of temporary noise barriers when construction activities occur at SR-29/South Kelly Road and within 300 feet of an occupied residence. With the implementation of MM NOI-1, the 2015 FEIR concluded that impacts would be reduced to a level of less than significant.
The proposed off-site roadway improvements are overall less than what were analyzed in the 2015 FEIR. These current proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The closest sensitive receptor to proposed construction footprint is the single-family residence south of S. Kelly Road and west of SR-29. This receptor location was also identified and analyzed in the 2015 FEIR. The façade of this closest residence would be located approximately 310 feet from the nearest proposed construction footprint. At this distance, reasonable worst-case construction noise levels could range up to approximately 73 dBA Lmax, intermittently, and could have an hourly average of up to 69 dBA Leq, at the façade of the nearest single-family residential home when multiple pieces of equipment operate simultaneously at the nearest construction footprint. These noise levels would occur for only a short period, as noise levels would drop off at a rate of 6 decibels per doubling of distance as construction equipment moves across the site. Therefore, noise levels from construction activities would be less than the City’s daytime standard of 75 dBA Leq between the hours of 7:00 a.m. and 7:00 p.m. at the closest residential receptor.
Compliance with MM NOI-1, which includes limits on construction activities to daytime hours, would ensure that project construction activities would not result in a substantial temporary increase in nighttime ambient noise levels that would result in annoyance or sleep disturbance of nearby sensitive receptors. Therefore, similar to the overall conclusion of the 2015 FEIR, temporary construction noise impacts would be less than significant with implementation of MM NOI-1.
Furthermore, since the proposed improvements only consist of a roadway improvement project, it would not result in any new stationary noise sources. In addition, the proposed improvements are not a trip generating project, and would therefore not result in any increase in traffic noise levels along roadway segments in the project vicinity.
Therefore, the project would not result in new or more severe temporary or permanent substantial noise increase impacts beyond what was previously analyzed in the 2015 FEIR. b) The 2015 FEIR indicated that the closest vibration-sensitive land use was 1,500 feet from areas that would be disturbed by construction activities. Because the intensity of groundborne vibration dissipates with distance, this structure is located sufficiently far enough away that construction and operational activities would not cause structural damage. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. Construction activities would involve the 203
City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 83 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx heavy equipment that would generate vibration. The closest structure to the proposed construction footprint is the warehouse structure located north of S. Kelly Road. The façade of this closest structure would be located approximately 55 feet from the nearest proposed construction footprint. At this distance, reasonable worst-case groundborne vibration levels would range up to 0.06 PPV from operation of the types of equipment that would produce the highest vibration levels (a large vibratory roller). This is below the FTA’s Construction Vibration Impact Criteria4 of 0.3 PPV for this type of structure, a building of engineered concrete and masonry construction. In addition, the closest residential structure to the construction footprint where heavy construction equipment would operate is the single-family residence south of S. Kelly Road and west of SR-29. As noted previously, this receptor location was also identified and analyzed in the 2015 FEIR. The façade of this closest residence would be located approximately 310 feet from the nearest proposed construction footprint. At this distance, reasonable worst-case groundborne vibration levels would range up to 0.005 PPV from operation of the types of equipment that would produce the highest vibration levels. This is below the FTA’s Construction Vibration Impact Criteria5 of 0.2 PPV for this type of structure, a building of non-engineered timber and masonry construction. Therefore, project related construction vibration impacts would be less than significant.
Furthermore, since the proposed improvements are not a trip generating project, implementation of the proposed project would not include any new permanent sources that would generate groundborne vibration levels that could be perceptible without instruments as measured at existing land uses in the project vicinity. Therefore, the proposed project would not generate groundborne vibration or groundborne noise levels in excess of established standards and there would be no impact related to operational groundborne vibration.
Therefore, the project would not result in any new or more severe impacts related to groundborne vibration impacts beyond what was previously analyzed in the 2015 FEIR. c) The 2015 FEIR indicated that Napa County Airport is located immediately north of the project site. The developable portions of the project site are outside the 65 dBA Community Noise Equivalent Level (CNEL) aviation noise contour for the airport for Year 2022 aircraft operations.
Thus, the portions of the project site where aviation noise levels would be observed by humans would be within acceptable standards. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would occur within the previously analyzed project boundaries, at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The site of these roadway improvements is not located within the vicinity of a private airstrip. The nearest public airport to the project site is the Napa County Airport, located approximately 0.75 miles northwest of the project boundaries. The project site is located outside of the 65 dBA CNEL airport noise contours of this closest airport. Therefore, implementation of the project would not expose persons residing or working in the project 4 Federal Transit Administration (FTA). 2018. Transit Noise and Vibration Impact Assessment Manual. September. 5 Ibid. 204
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Mitigation Measures
MM NOI-1 During construction activities, the following noise attenuation measures and practices shall be implemented:
• Construction activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m. The City of American Canyon shall have the discretion to permit construction activities to occur outside of allowable hours if compelling circumstances warrant such an exception (e.g., weather conditions necessary to pour concrete). • All construction equipment shall use noise-reduction features (e.g., mufflers and engine shrouds) that are no less effective than those originally installed by the manufacturer. If no noise reduction features were installed by the manufacturer, then the contractor shall require that at least a muffler be installed on the equipment.
• Construction staging and heavy equipment maintenance activities shall be performed a minimum distance of 300 feet from the nearest residence, unless safety or technical factors take precedence (e.g., a heavy equipment breakdown). • During the grading phase of the off-site utility work, temporary sound barriers shall be utilized to block the line of site from operating heavy construction equipment to any residence within 150 feet of an active construction area.
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XIV. Population and Housing
Would the project:
a) Induce substantial
unplanned population
growth in an area, either
directly (for example, by
proposing new homes
and businesses) or
indirectly (for example,
through extension of
roads or other
infrastructure)?
No impact No. The proposed
improvements do
not involve changes
that would result in
new or more severe
impacts associated
with growth
inducement.
No. There are no
new circumstances
that would result
in new or more
severe impacts
associated with
growth
inducement.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
growth
inducement.
None
b) Displace substantial
numbers of existing
people or housing,
necessitating the
construction of
replacement housing
elsewhere?
No impact No. The proposed
improvements do
not involve changes
that would result in
new or more severe
impacts associated
with displacement
of housing.
No. There are no
new circumstances
that would result
in new or more
severe impacts
associated with
displacement of
housing.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
displacement of
housing.
None
Discussion
a) The 2015 FEIR indicated that the NLP2 Project’s 2,271,000 square feet of warehouse, distribution, e-commerce, manufacturing, and accessory retail/office would create as many as 5,801 jobs. The California Employment Development Department indicated that there were more than 15,000 unemployed persons in Napa and Solano Counties as of July 2015, and, therefore, there was enough available labor that the NLP2 Project employment opportunities could be filled from the local labor force. Additionally, the NLP2 Project contemplated the extension of recycled water and sewer from Green Island Road to the project site. The 2015 FEIR noted that the extension of these utility lines would occur through lands that are within the boundaries of the Napa County Airport Industrial Area Specific Plan and thus have already been contemplated to support urban development. Thus, these extensions would be “growth accommodating” because they would serve planned growth. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The proposed improvements do not have the potential to induce unplanned population growth in the area, either directly or indirectly.
The improvements are intended to address the transportation needs of growth and development that has already occurred in the project vicinity. Furthermore, the areas that 206
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86 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx would directly benefit from the improvements are already developed or entitled for urban development; the improvements would not open new areas to urban development. Lastly, the improvements do not involve the development of new dwelling units or permanent employment opportunities and, thus, would not facilitate direct population growth in this regard. As such, the proposed improvements would not alter any growth inducement conclusions set forth in the 2015 FEIR.
b) The 2015 FEIR indicated that the project site does not contain any dwelling units. This condition precludes the possibility of displacement or persons or housing. The 2015 FEIR concluded that no impact would occur.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. No dwelling units exist within this area. As such, the proposed improvements would not alter any housing displacement conclusions set forth in the 2015 FEIR.
Mitigation Measures
None.
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
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:
a) Fire protection? Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
fire protection.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
fire protection.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of fire
protection.
None
b) Police protection? Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
police protection.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
police protection.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of police
protection.
None
c) Schools? No impact No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
schools.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
schools.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
schools.
None
d) Parks? No impact No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
parks.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
parks.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of parks.
None
e) Other public facilities? No impact No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
other public
facilities.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
other public
facilities.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of other
public facilities.
None
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a) The 2015 FEIR indicated that the American Canyon Fire Protection District would provide fire protection and emergency medical services to the NLP2 Project. The Fire Protection District provided a written response indicating that response times to the Green Island Industrial Area are often below the 5-minute response time objective, but the planned extension of Devlin Road to Green Island Road would be expected to improve this condition. The Fire Protection District also noted that new development would be required to pay a Fire Mitigation Fee and a Fire Service Fee, which would serve to maintain adequate levels of fire protection and emergency medical services. Finally, the Fire Protection District indicated that Station 11 was adequate to serve the NLP2 Project. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The improvements would improve emergency access to the project vicinity by providing a second westbound lane on South Kelly Road. Furthermore, the improvements do not involve the development of new dwelling units or permanent employment opportunities and, thus, would not increase demand for fire protection or emergency medical services such that new or expanded facilities would be required. As such, the proposed improvements would not alter any public services conclusions set forth in the 2015 FEIR.
b) The 2015 FEIR indicated the American Canyon Police Department would provide law enforcement services to the NLP2 Project. The Police Department indicated that alarm calls are its primary concern and noted that the City’s standard conditions of approvals require that police review of a project’s security plan. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The improvements would ease emergency access to the project vicinity by providing additional through lanes and turn lanes as described in MM TRANS-1d, thereby facilitating service by emergency responders. Furthermore, the improvements do not involve the development of new dwelling units or permanent employment opportunities and, thus, would not increase demand for police protection such that new or expanded facilities would be required. As such, the proposed improvements would not alter any public services conclusions set forth in the 2015 FEIR. c) The 2015 FEIR indicated that the NLP2 Project does not include any residential uses and therefore would not directly induce population growth. Additionally, the employment opportunities created by the NLP2 Project would not cause substantial indirect population growth. The 2015 FEIR concluded that the NLP2 Project would not create a need for new or expanded school facilities, and, therefore, no impacts would occur.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The improvements would not involve the 209
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d) The 2015 FEIR indicated that the NLP2 Project does not include any residential uses and therefore would not directly induce population growth. Additionally, the employment opportunities created by the NLP2 Project would not cause substantial indirect population growth. The 2015 FEIR concluded that the NLP2 Project would not create a need for new or expanded park facilities, and, therefore, no impacts would occur.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The improvements would not involve the development of new dwelling units or permanent employment opportunities and, thus, would not increase use of local parks such that new or expanded facilities would be required. As such, the proposed improvements would not alter any public services conclusions set forth in the 2015 FEIR.
e) The 2015 FEIR indicated that the NLP2 Project does not include any residential uses and therefore would not directly induce population growth. Additionally, the employment opportunities created by the NLP2 Project would not cause substantial indirect population growth. The 2015 FEIR concluded that the NLP2 Project would not create a need for new or expanded public facilities such as libraries, and, therefore, no impacts would occur.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The improvements would not involve the development of new dwelling units or permanent employment opportunities and, thus, would not increase use of public facilities (e.g., libraries) such that new or expanded facilities would be required. As such, the proposed improvements would not alter any public services conclusions set forth in the 2015 FEIR.
Mitigation Measures
None.
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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Area
Conclusion
in 2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New Circumstances
Involving New or
More Severe
Impacts?
New Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XVI. Recreation
Would the project:
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?
No impact No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
deterioration of
existing park lands.
No. There are no
new circumstances
that would result in
new or more severe
impacts on
deterioration of
existing park lands.
No. No new
information of
substantial
importance
indicates the need
for additional
analysis of
deterioration of
existing park lands.
None
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?
No impact No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
new or expanded
park facilities.
No. There are no
new circumstances
that would result in
new or more severe
impacts on new or
expanded park
facilities.
No. No new
information of
substantial
importance
indicates the need
for additional
analysis of new or
expanded park
facilities.
None
Discussion
a-b) The 2015 FEIR indicated that the NLP2 Project does not involve the development of residential uses and would not directly induce population growth that result in a need for new or expanded recreational facilities. Additionally, the 2015 FEIR indicated that the NLP2 Project would not cause a physical deterioration of existing recreational facilities. The 2015 FEIR concluded that no impacts would occur.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The improvements would not involve the development of new dwelling units or permanent employment opportunities and, thus, would not increase use of local parks or recreational facilities such that new or expanded facilities would be required. As such, the proposed improvements would not alter any growth inducement conclusions set forth in the 2015 FEIR.
Mitigation Measures
None.
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XVII. Transportation
Would the project:
a) Conflict with a program
plan, ordinance, or
policy of the circulation
system, including transit,
roadway, bicycle, and
pedestrian facilities?
Significant
unavoidable
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
measures of
effectiveness of
transportation.
No. There are no
new circumstances
that would result in
new or more
severe impacts on
measures of
effectiveness of
transportation.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
measures of
effectiveness of
transportation.
MM TRANS-1a,
MM TRANS-1b,
MM TRANS-1c,
MM TRANS-1d,
MM TRANS-1e,
MM TRANS-1f,
MM TRANS-2a
[MM TRANS1d as modified
would apply to
the proposed
improvements;
none of the
other listed
measures
would apply]
b) Would the project
conflict or be
inconsistent with CEQA
Guidelines Section
15064.3, subdivision (b)?
N/A No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
measures of
effectiveness of
transportation.
No. There are no
new circumstances
that would result in
new or more
severe impacts on
measures of
effectiveness of
transportation.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
measures of
effectiveness of
transportation.
None
c) Substantially increase
hazards due to a
geometric design
feature (e.g., sharp
curves or dangerous
intersections) or
incompatible uses (e.g.,
farm equipment)?
Less than
significant
impact after
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
hazards due to a
design feature.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
hazards due to a
design feature.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
hazards due to a
design feature.
MM TRANS-6
and
MM TRANS-9
[MM TRANS-9
would apply to
the proposed
improvements]
d) Result in inadequate
emergency access?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
emergency
access.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
emergency access.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
emergency
access.
None
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The analysis in this section is based on a Memorandum prepared by Fehr & Peers, which is provided in Appendix A.
a) The 2015 FEIR evaluated NLP2 Project-related impacts on traffic under Existing Plus Project, Existing Plus Background Development Plus Project, and Cumulative Conditions. The analysis found that the NLP2 Project would contribute new trips to up to 20 intersections that would operate at unacceptable levels during one or more peak hours evaluated. The 2015 FEIR set forth MM TRANS-1a, MM TRANS-1b, MM TRANS-1c, MM TRANS-1d, MM TRANS-1e, MM TRANS-1f, and MM TRANS-2a, which require implementation of a transportation demand management program and improvements at impacted facilities; however, not all facilities would be restored to acceptable levels because of the lack of feasible or effective mitigation.
The 2015 FEIR concluded that impacts would be significant and unavoidable.
The proposed improvements consist of a modification of those contemplated by MM TRANS1a, MM TRANS-1b, MM TRANS-1d, and MM TRANS-2a. To determine if the modified improvements would facilitate acceptable level of service, Fehr & Peers evaluated the actual trip generation from the NLP2 Project and determined that there was a net decrease of 836 AM Peak Hour trips and 850 PM Peak Hour trips relative to what was disclosed in the 2015 FEIR. As such, the modified improvements facilitate acceptable level of service. Furthermore, the proposed improvements themselves do not trigger additional vehicle trips that would create a need for additional traffic improvements. The remaining MMs (TRANS-1c, TRANS-1e, and TRANS-1f) do not apply because they involve transportation demand management measures, require payment of traffic impact fees, or pertain to other intersections. As such, the proposed improvements would not alter any emergency response conclusions set forth in the 2015 FEIR.
b) The 2015 FEIR did not evaluate vehicle miles traveled, as this topic was not on the CEQA Appendix G Checklist at the time the EIR was certified. The proposed improvements consist of reconstructing South Kelly Road between SR-29 and Devlin Road and adding turn lanes at SR29/South Kelly Road. The improvements are intended to accommodate traffic from existing and planned projects in the vicinity; they would not generate any new trips by themselves. As such, the improvements would not increase vehicle miles traveled. c) The 2015 FEIR indicated that the NLP2 Project would not contribute to collision rates at study intersections that are above average or increase railroad grade crossing safety hazards. The 2015 FEIR assessed site access and internal circulation and set forth MM TRANS-6, which requires additional site design features be incorporated to reduce impacts to a level of less than significant. Lastly, the 2015 FEIR assessed temporary construction traffic and parking impacts and set forth MM TRANS-9, which requires the applicant to prepare a Construction Management Plan to reduce impacts to a level of less than significant. The 2015 FEIR concluded that impacts would be less than significant.
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 93 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. These improvements do not possess any site access or internal circulation features and, therefore, MM TRANS-6 does not apply.
Construction of the improvements would result in temporary lane closures and detours and, therefore, MM TRANS-9 would apply and reduce impacts to a level of less than significant. As such, the proposed improvements would not alter any emergency response conclusions set forth in the 2015 FEIR.
d) The 2015 FEIR indicated that the NLP2 Project would take primary access from Devlin Road and secondary gated access from the Napa County Airport and thus would provide two points of access. Additionally, the planned extension of Devlin Road to Green Island Road would create an additional emergency response route. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The improvements would improve emergency access to the project vicinity by providing a second westbound lane on South Kelly Road. Furthermore, the planned extension of Devlin Road is under construction at the time of this writing and is expected to be completed by the end of 2022. Overall, the South Kelly Road improvements and the Devlin Road extension would improve emergency access in the project vicinity. As such, the proposed improvements would not alter any emergency response conclusions set forth in the 2015 FEIR.
Mitigation Measures
MM TRANS-1a [This mitigation measure has been amended, based on a 2022 Transportation Impact Study prepared by Fehr & Peers]
The project applicant shall establish a Transportation Demand Management (TDM) program, subject to review and approval by the City. The intent of the TDM program is to ensure that traffic volumes generated by the Project do not exceed that which would occur from warehouse-only uses. Notwithstanding its intent, the applicant shall implement this mitigation measure regardless of the mix of uses (warehouseonly or warehouse/industrial/office) that is eventually built. (The applicant has already fully complied with this condition and mitigation measure. The applicant submitted, and the City approved, a Transportation Demand Management program for the Project, entitled “Napa Logistics Park Transportation Demand Management (TDM) Strategies and Monitoring,” prepared by Fehr & Peers and dated October 2020. The applicant incorporated the TDM program into the Declaration of Covenants, Conditions, and Restrictions and Grant of Easements for Napa Logistics Park (recorded on September 12, 2017, as Instrument No. 2017-0020645 in the Official Records of the County), as subsequently amended. Section 3.3.14 of the CC&Rs requires the Association to monitor each Occupant’s compliance with the TDM Program and to allocate to an 214
City of American Canyon—South Kelly Road and State Route 29 Improvements Project CEQA Checklist Initial Study/Addendum
94 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx Owner or Owners any fines imposed by the City in connection with an Occupant’s violation of the TDM Program.)
To mitigate this significant impact of greater trip generation from more intense land uses on the project site, the applicant shall establish a Transportation Demand Management (TDM) program. The intent of the TDM program is to ensure that traffic volumes generated by Project do not exceed that which would occur from warehouse-only uses. Notwithstanding its intent, the applicant shall implement this mitigation measure regardless of the mix of uses (warehouse-only or warehouse/industrial/office) that is eventually built.
The applicant shall enter into a TDM Agreement prior to the issuance of the first building permit. The TDM Agreement shall require that an effective TDM program be implemented prior to the first certificate of occupancy and be subjected to on-going periodic monitoring thereafter. The TDM Agreement shall also include a financial guarantee satisfactory to the City. The City will deem the TDM program to be effective if the monitoring results indicate that AM peak-hour volumes are no more than 780 vehicles (and PM peak-hour volumes are no more than 704 vehicles).
The TDM program shall be implemented at the applicant’s cost, with no cost to the City, regardless of the eventual mix of uses and shall at a minimum include a permanent vehicle counting station at the single public access point. Examples of measures that may be considered as part of an effective TDM program include but are not limited to the following:
• Starting and ending workday shifts during off-peak hours (i.e., not between 7:00 a.m. and 9:00 a.m. or 3:00 p.m. and 6:00 p.m.)—if done for the manufacturing use, this would decrease overall AM peak-hour vehicle trips from 1,310 to 510 and PM peak-hour vehicle trips from 1,243 to 479.
• Implement shuttle service to key employment centers or park-and-ride lots in the area for those employees whose workday shift start during peak hours. • Car-share program
• Shuttles to regional transit
• Transit subsidies
• Carpool/vanpool subsidies
• Employer-owned/sponsored vanpools
• Flex-time and telecommute programs
• Use of rail to transport employees and/or the delivery of goods The applicant shall retain a transportation planning/engineering consultant to analyze the effectiveness of the TDM program in a written report. The TDM Report will include data collected from the permanent vehicle counting station and a determination of employee commute methods, which shall be informed by surveying all employees working at the site. The TDM Report shall be submitted to the City on a periodic on-going basis, and it shall form the basis of on-going 215
City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 95 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx determinations by the City as to the effectiveness of the TDM program. So long as the City deems the TDM program effective (i.e., when monitoring results indicate that AM peak-hour volumes are no more than 780 vehicles and PM peak-hour volumes are no more than 704 vehicles), the additional, potentially significant traffic impacts related to the mix of warehouse, industrial and office are mitigated to a less than significant level. At any time that the City determines the TDM program is not effective, then this additional significant traffic impact shall be mitigated by the implementation of MM TRANS-1b. (This mitigation measure does not apply to the proposed improvements. The TDM plan has already been completed and is included in the CC&Rs for all Napa Logistics Park properties.).
MM TRANS-1b [This mitigation measure has been amended, based on a 2022 Transportation Impact Study prepared by Fehr & Peers]
To ensure its enforceability, the project applicant shall incorporate the TDM program into the CC&Rs for the Napa Logistics Park. The CC&Rs shall require the Association to monitor each Occupant’s compliance with the TDM program and to allocate to an Owner or Owners any fines imposed by the City in connection with an Occupant’s violation of the TDM program.
(The applicant has already fully complied with this condition and mitigation measure. The applicant submitted, and the City approved, a Transportation Demand Management program for the Project, entitled “Napa Logistics Park Transportation Demand Management (TDM) Strategies and Monitoring,” prepared by Fehr & Peers and dated October 2020. The applicant incorporated the TDM program into the Declaration of Covenants, Conditions, and Restrictions and Grant of Easements for Napa Logistics Park (recorded on September 12, 2017, as Instrument No. 2017-0020645 in the Official Records of the County), as subsequently amended. Section 3.3.14 of the CC&Rs requires the Association to monitor each Occupant’s compliance with the TDM Program and to allocate to an Owner or Owners any fines imposed by the City in connection with an Occupant’s violation of the TDM Program.)
If at any point the City determines the TDM program established as part of the MM TRANS-1a is not effective to reduce peak-hour traffic so that it does not exceed the TDM thresholds (780 vehicles during the AM peak hour and 704 vehicles during the PM peak hour), then the applicant shall pay an additional amount for each and every peak-hour trip that is recorded by the counting device that exceeds the TDM threshold, based on the method described in the EIR Impact Analysis for this mitigation measure. The “on-going TIF” paid pursuant to this mitigation measure is in addition to the “one-time TIF” paid at the time of issuance of the first building permit in accordance with MM TRANS-1c. This mitigation measure shall be incorporated into the TDM agreement required as part of MM TRANS-1a. (This mitigation measure does not apply to the proposed improvements. The TDM plan 216
City of American Canyon—South Kelly Road and State Route 29 Improvements Project CEQA Checklist Initial Study/Addendum
96 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx has already been completed and is included in the CC&Rs for all Napa Logistics Park properties).
MM TRANS-1c The project applicant will be responsible for paying the City’s Traffic Impact Fee for the proposed development. The funds collected under this program would be used to make improvements to a number of intersections throughout American Canyon which improvements would lessen the significant cumulative transportation impacts. However, because these projects for which the applicant would make a fair share contribution pursuant to this mitigation measure rely upon a discretionary funding and approval by a third party (Caltrans), the impact would remain significant and unavoidable. (This mitigation measure has already been addressed and does not apply to the proposed improvements).
MM TRANS-1d [This mitigation measure has been amended, based on a 2022 Transportation Impact Study prepared by Fehr & Peers]
The project applicant shall make a fair share contribution to support construction by the City of identified improvements to SR-29, based on the reduced extent of development as codified in the 2022 transportation impact study:
(1) At the intersection of SR-29 at South Kelly Road:
- Northbound approach: 3 through lanes, 2 left-turn lanes, 1 right-turn lane (existing configuration)
- Southbound approach: 3 through lanes 2 through lanes, 1 left-turn lane, 1 right-turn lane
- Eastbound approach: 1 left-turn lane, 1 left/through lane, 1 through lane, 2 left-turn lanes, 1 right-turn lane
- Westbound approach: 1 through lane, 1 left-turn lane, 2 left-turn lanes, 1 right-turn lane (existing configuration)
(2) At the intersection of South Kelly Road and Devlin Road:
- Northbound approach: 1 through lane, 1 right-turn lane (existing configuration)
- Southbound approach: 1 through lane, 1 left-turn lane (existing configuration) - Private driveway: None, One-lane exit only (existing configuration) - Westbound approach: 1 left-turn lane, 1 right-turn lane (this improvement is included in the improvement plans to be implemented by DWF IV Napa Logistics Holdings.)
(3) South Kelly Road, between Devlin Road and SR-29 intersections:
- 2 westbound receiving lanes, 1 eastbound lane, and 1 two-way left-turn lane. (this improvement is included in the improvement plans to be implemented by DWF IV Napa Logistics Holdings.)
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 97 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx The length of the turn lanes on SR-29 shall be in accordance with the Caltrans Highway Design Manual requirements for a 55-mph highway and shall accommodate sufficient vehicle storage length for STAA vehicles under Existing Plus Background Plus Project conditions such that the intersection operates at least LOS D.
The length of the turn lanes on South Kelly Road shall accommodate sufficient vehicle storage length under Existing Plus Background Plus Project conditions such that the intersection operates at least LOS D.
The applicant shall fund 100 percent of the cost of this improvement. To the extent this improvement represents oversizing that is over and above what would be necessary to mitigate the impacts of the project, the applicant shall be eligible for reimbursement for costs above its fair share from other nearby private development that will also contribute traffic to this intersection. Prior to incurring any expenses for they may be eligible for reimbursement; the applicant shall enter into a reimbursement agreement with the City.
The implementation of this mitigation measure would be done in conjunction with construction that has already been planned and approved. The additional construction activity may incrementally increase construction traffic, noise, and air emissions in the activity area, but would not change the analysis, conclusions, or mitigation measures in this EIR. Construction activity associated with this mitigation measure would be required to comply with all applicable local and State laws and regulations such as dust suppression, limitations on hours of construction, stormwater runoff controls, and other similar requirements designed to reduce or avoid environmental impacts.
Because the South Kelly Road intersection at SR-29 is impacted in the PM peak hour as a result of downstream queues, the impact at this intersection would remain significant and unavoidable with the implementation of this mitigation measure without changes to SR-29 through the City of American Canyon (between Napa Junction Road and American Canyon Road).
As a result of the implementation of this mitigation measure, the significant impacts at the South Kelly Road intersection with Devlin Road are reduced to a less than significant level.
MM TRANS-1e Prior to issuance of the first construction permit for each building in the proposed project, the project applicant shall pay a fair share contribution of the estimated construction costs for regional projects on the state highway system. The fair share shall be calculated at the time payment is required, based on the projected traffic of the proposed use of the building, and the estimated cost of the construction at that time. Fair share shall be calculated by following the “Method for Calculating Equitable Mitigation Measures” from Caltrans Guide to the Preparation of Transportation Impact Studies (2002).
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project CEQA Checklist Initial Study/Addendum
98 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx The SR-12-29/SR221-Soscol Ferry Road Flyover Ramp is currently estimated at $40 million according to the Draft EIR (dated March 2015).
Because this project, for which the applicant would make a fair share contribution pursuant to this mitigation measure, relies upon discretionary funding and approval by a third party (Caltrans), the impact would remain significant and unavoidable. The aforementioned parties (Caltrans, NCTPA, and the City of American Canyon, at minimum) will need to develop formal agreements regarding the funding sources for these projects and the mechanism for collecting and transferring the funds for this mitigation measures to be feasible. (This mitigation measure does not apply to the proposed improvements as no building construction permit would be issued).
MM TRANS-1f Prior to issuance of the first construction permit for each building in the proposed project, the project applicant shall pay a fair share contribution of the estimated construction costs for regional projects on the state highway system. The fair share shall be calculated at the time payment is required, based on the projected traffic of the proposed use of the building, and the estimated cost of the construction at that time. Fair share shall be calculated by following the “Method for Calculating Equitable Mitigation Measures” from Caltrans Guide to the Preparation of Transportation Impact Studies (2002).
The grade-separated Airport Boulevard/SR-12-29 Interchange Project planned by Caltrans is currently estimated at $73 million according to the NCTPA SR-29 Gateway Corridor Improvement Plan (dated February 2014).
Because this project for which the applicant would make a fair share contribution pursuant to this mitigation measure rely upon discretionary funding and approval by a third party (Caltrans), the impact would remain significant and unavoidable. The aforementioned parties (Caltrans, NCTPA, and the City of American Canyon, at minimum) will need to develop formal agreements regarding the funding sources for these projects and the mechanism for collecting and transferring the funds for this mitigation measures to be feasible. (This mitigation measure does not apply to the proposed improvements as no building construction permit would be issued).
MM TRANS-2a Prior to issuance of the first certificate of occupancy for the proposed project or when monitoring determines that it is warranted, the project applicant shall construct improvements at the intersection of South Kelly Road/Devlin Road (#1).
The improvements shall consist of the installation of a signal and a westbound leftturn pocket on South Kelly Road, with a reimbursement agreement for the cost in excess of its fair share of the signal cost, thus improving the intersection LOS to acceptable conditions. The roadway change to westbound South Kelly Road is currently proposed as part of MM TRANS-1d. (This mitigation measure does not apply to the proposed improvements as no certificate of occupancy would be issued).
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 99 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx MM TRANS-6 Prior to issuance of building permits for each building, the project applicant shall prepare and submit a site plan to the City of American Canyon for review and approval that depicts a minimum number of ADA-accessible parking spaces at each building; the internal stop signs depicted on Exhibit 3.11-14; and the bike racks or lockers at strategic locations to serve the project buildings. The approved plans shall be incorporated into the improvement plans for the project. (This mitigation measure does not apply to the proposed improvements as no building permit would be issued).
MM TRANS-8 Prior to issuance of building permits for each building, the project applicant shall prepare and submit a site plan to the City of American Canyon for review and approval that depicts pedestrian facilities and crosswalks that facilitate safe, accessible pedestrian travel between the internal roadways and the building entrances. The approved plans shall be incorporated into the improvement plans for the project. (This mitigation measure does not apply to the proposed improvements as no building permit would be issued).
MM TRANS-9 The project applicant shall develop and submit a Construction Management Plan (CMP) to the City of American Canyon prior to commencement of any construction activities, including construction activities associated with the transportation mitigation measures. The provisions of a CMP shall specifically address the characteristics of construction-related traffic associated with development. Such plans identify construction phasing and the level and type of construction-related traffic. The CMP shall identify construction truck routes to access the project site, lane closures on existing public streets (if needed) including a plan for any necessary traffic control measures, and on-site staging requirements, and other information as required by the City.
Once the construction truck routes have been approved, but before construction has started, the applicant shall conduct a survey of existing conditions of pavement along the approved truck routes and submit documentation of the results to the City. When construction has been substantially completed such that there will be no further construction truck trips, the applicant shall re-survey the construction truck routes. The project applicant shall be responsible for repairing damage to roadways used for construction vehicle access to the site and attributable to the project so that the roadway conditions are returned to their pre-construction conditions (or better) as documented in the pre-construction survey along the truck routes following the construction of the project.
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XVIII. Utilities and Service Systems
Would the project:
a) Require or result in the
relocation or
construction of new or
expanded water,
wastewater treatment
or stormwater drainage,
electric power, natural
gas, or
telecommunications
facilities, the
construction or
relocation of which
could cause significant
environmental effects?
Less than
significant
impact
No. The proposed
improvements do
not involve changes
that would result in
new or more severe
impacts on utilities.
No. There are no
new
circumstances
that would result
in new or more
severe impacts on
utilities.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
utilities.
None
b) Have sufficient water
supplies available to
serve the project and
reasonably foreseeable
future development
during normal, dry, and
multiple dry years?
Less than
significant
impact
No. The proposed
improvements do
not involve changes
that would result in
new or more severe
impacts on water
supply.
No. There are no
new
circumstances
that would result
in new or more
severe impacts on
water supply.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
water supply.
None
c) Result in a
determination by the
wastewater treatment
provider which serves
or may serve the project
that it has adequate
capacity to serve the
project’s projected
demand in addition to
the provider’s existing
commitments?
Less than
significant
impact
No. The proposed
improvements do
not involve changes
that would result in
new or more severe
impacts on
wastewater.
No. There are no
new
circumstances
that would result
in new or more
severe impacts on
wastewater.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
wastewater.
None
d) Generate solid waste in
excess of State or local
standards, or in excess
of the capacity of local
infrastructure, or
otherwise impair the
attainment of solid
waste reduction goals?
Less than
significant
impact with
mitigation
incorporated
No. The proposed
improvements do
not involve changes
that would result in
new or more severe
impacts on solid
waste.
No. There are no
new
circumstances
that would result
in new or more
severe impacts on
solid waste.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
solid waste.
MM PSU-6
[This measure
does not apply
to the proposed
improvements]
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 101 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx Environmental Issue
Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
e) Comply with federal,
State, and local
management and
reduction statutes and
regulations related to
solid waste?
Less than
significant
impact with
mitigation
incorporated
No. The proposed
improvements do
not involve changes
that would result in
new or more severe
impacts on solid
waste.
No. There are no
new
circumstances
that would result
in new or more
severe impacts on
solid waste.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
solid waste.
MM PSU-6
[This measure
does not apply
to the proposed
improvements]
Discussion
a) The 2015 FEIR indicated that the NLP2 Project would generate an average of 59,926 gallons per day of effluent per day. The 2015 FEIR noted that the American Canyon Wastewater Treatment Plant has 2.5 million gallons per day (mgd) of treatment capacity, with plans to expand it to 4.0 mgd. The proposed project’s effluent would represent 2.4 percent of existing capacity and 1.6 percent of the expanded capacity. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The improvements do not involve the development of new dwelling units or permanent employment opportunities and, thus, would not increase demand for water or wastewater such that new or expanded facilities would be required. As such, the proposed improvements would not alter any utility conclusions set forth in the 2015 FEIR.
b) The 2015 FEIR indicated that a Water Supply Assessment had been prepared that served as the basis for the assessment of impacts on water supply. The Water Supply Assessment determined that the NLP2 Project would demand 39.74 acre-feet of potable water and 88.47 acre-feet of recycled water annually. The Water Supply Assessment indicated that the City of American Canyon’s potable water supplies were anticipated to increase from 5,591 acre-feet in 2015 to 6,723 acre-feet in 2035, and recycled water supplies were anticipated to increase from 370 acre-feet in 2015 to 1,225 acre-feet in 2035; therefore, sufficient supplies would be available to serve the proposed improvements. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The improvements do not involve the development of new dwelling units or permanent employment opportunities and, thus, would not increase demand for water such that new supplies or expanded facilities would be required. As such, the proposed improvements would not alter any water conclusions set forth in the 2015 FEIR.
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102 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx c) The 2015 FEIR indicated that the NLP2 Project would generate an average of 59,926 gallons per day of effluent per day. The 2015 FEIR noted that the American Canyon Wastewater Treatment Plant has 2.5 mgd of treatment capacity, with plans to expand it to 4.0 mgd. The proposed project’s effluent would represent 2.4 percent of existing capacity and 1.6 percent of the expanded capacity. The 2015 FEIR concluded that impacts would be less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The improvements do not involve the development of new dwelling units or permanent employment opportunities and, thus, would not increase demand for wastewater such that additional treatment capacity would be required. As such, the proposed improvements would not alter any utility conclusions set forth in the 2015 FEIR.
d-e) The 2015 FEIR indicated that the NLP2 Project would generate 6,148 cubic yards of solid waste during construction and 7,631 cubic yards of solid waste annually during operations. As such, the 2015 FEIR set forth MM PSU-6 (Waste Management Plan) to reduce impacts to a level of less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The improvements do not involve the development of new dwelling units or permanent employment opportunities and, thus, would not increase generation of solid waste such that additional landfill capacity would be required.
Thus, MM PSU-6 would not apply. As such, the proposed improvements would not alter any solid waste conclusions set forth in the 2015 FEIR.
Mitigation Measures
MM PSU-6 Prior to issuance of building permits, the project applicant shall prepare and submit a Waste Management Plan to the City of American Canyon for review and approval.
The plan shall estimate volume or weight of project construction and demolition debris; materials type to be generated; the maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling, the vendor or facility proposed to use, collect, or receive that material; the estimated volume or weight of construction and demolition materials that will be land filled; and project square footage. The approved plan shall be implemented during construction activities (This mitigation measure does not apply to roadway improvement projects).
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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FirstCarbon Solutions 103 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx Environmental Issue
Area
Conclusion in
2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XIX. Wildfire
If located in or near State Responsibility Areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an
adopted emergency
response plan or
emergency evacuation
plan?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
wildfire.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
wildfire.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
wildfire.
None
b) Due to slope, prevailing
winds, and other
factors, exacerbate
wildfire risks, and
thereby expose project
occupants to, pollutant
concentrations from a
wildfire or the
uncontrolled spread of a
wildfire?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
wildfire.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
wildfire.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
wildfire.
None
c) Require the installation
or maintenance of
associated
infrastructure (such as
roads, fuel breaks,
emergency water
sources, power lines, or
other utilities) that may
exacerbate fire risk or
that may result in
temporary or ongoing
impacts to the
environment?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
wildfire.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
wildfire.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
wildfire.
None
d) Expose people or
structures to significant
risks, including
downslope or
downstream flooding or
landslides, as a result of
runoff, post-fire slope
instability, or drainage
changes?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts on
wildfire.
No. There are no
new circumstances
that would result
in new or more
severe impacts on
wildfire.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
wildfire.
None
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project CEQA Checklist Initial Study/Addendum
104 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx Discussion
a-d) The 2015 FEIR indicated that the NLP2 Project site is surrounded by urban development and infrastructure on three sides and undeveloped marshy habitat on the fourth side; thus, it would not be susceptible to wildland fires. The 2015 FEIR concluded that no impact would occur.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The surrounding area consists of the Devlin Road Transfer Station (west), light industrial uses (north), SR-29 (east), and a vacant property contemplated to support commercial/industrial development (south). This area is characterized as mostly developed and, thus, is not susceptible to wildland fire risks. Thus, it would not affect emergency response to wildfires, require the installation of wildfire fighting infrastructure, or be susceptible to post-fire hazards. As such, the proposed improvements would not alter any wildfire conclusions set forth in the 2015 FEIR.
Mitigation Measures
None.
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 105 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx Environmental Issue
Area
Conclusion
in 2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New Circumstances
Involving New or
More Severe
Impacts?
New Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XX. Mandatory Findings of Significance
a) Does the project have
the potential to
substantially degrade
the quality of the
environment,
substantially reduce
the habitat of a fish or
wildlife species, cause
a fish or wildlife
population to drop
below self-sustaining
levels, threaten to
eliminate a plant or
animal community,
substantially reduce
the number, or
restrict the range of a
rare or endangered
plant or animal, or
eliminate important
examples of the major
periods of California
history or prehistory?
Less than
significant
impact with
mitigation
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts
associated with
degrading the
quality of the
environment,
substantially
reducing the
habitat of a fish or
wildlife species,
causing a fish or
wildlife
population to
drop below selfsustaining levels,
threatening to
eliminate a plant
or animal
community,
reducing the
number or restrict
the range of a
rare or
endangered plant
or animal, or
eliminating
important
examples of the
major periods of
California history
or prehistory.
No. There are no
new circumstances
that would result in
new or more severe
impacts associated
degrading the
quality of the
environment,
substantially
reducing the habitat
of a fish or wildlife
species, causing a
fish or wildlife
population to drop
below selfsustaining levels,
threatening to
eliminate a plant or
animal community,
reducing the
number or restrict
the range of a rare
or endangered plant
or animal, or
eliminating
important examples
of the major periods
of California history
or prehistory.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
degrading the
quality of the
environment,
substantially
reducing the
habitat of a fish
or wildlife
species, causing a
fish or wildlife
population to
drop below selfsustaining levels,
threatening to
eliminate a plant
or animal
community,
reducing the
number or
restrict the range
of a rare or
endangered plant
or animal, or
eliminating
important
examples of the
major periods of
California history
or prehistory.
MM BIO-1a,
MM BIO-1b,
MM BIO-2a,
MM BIO-2b,
MM BIO-2c,
MM BIO-4a,
MM BIO-4b,
MM BIO-5a,
MM BIO-5b,
MM CUL-1,
MM CUL-3, and
MM CUL-4
[MM BIO-1a,
MM BIO-1b,
MM BIO-2a,
MM BIO-2b,
MM BIO-2c,
MM BIO-4a,
MM CUL-1,
MM CUL-3, and
MM CUL-4
Would apply to
the proposed
improvements]
b) Does the project have
impacts that are
individually limited,
but cumulatively
considerable?
(“Cumulatively
considerable” means
that the incremental
effects of a project are
considerable when
viewed in connection
with the effects of
past projects, the
effects of other
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts
associated with
cumulatively
considerable
impacts.
No. There are no
new circumstances
that would result in
new or more severe
impacts associated
with cumulatively
considerable
impacts
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
cumulatively
considerable
impacts
None
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City of American Canyon—South Kelly Road and State Route 29 Improvements Project CEQA Checklist Initial Study/Addendum
106 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx Environmental Issue
Area
Conclusion
in 2015 FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New Circumstances
Involving New or
More Severe
Impacts?
New Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
current projects, and
the effects of
probable future
projects)?
c) Does the project have
environmental effects,
which will cause
substantial adverse
effects on human
beings, either directly
or indirectly?
Less than
significant
impact
No. The proposed
improvements do
not involve
changes that
would result in
new or more
severe impacts
associated with
environmental
effects that will
cause substantial
adverse effects
on human beings.
No. There are no
new circumstances
that would result in
new or more severe
impacts associated
with environmental
effects that will
cause substantial
adverse effects on
human beings.
No. No new
information of
substantial
importance
indicates the
need for
additional
analysis of
environmental
effects that will
cause substantial
adverse effects
on human beings.
None
Discussion
a) The 2015 FEIR indicated that the NLP2 Project would have a less than significant impact on listed species, migratory species, or riparian habitat. The NLP2 Project would incorporate MMs BIO-1a, BIO-1b, BIO-2a, BIO-2b, BIO-2c, BIO-4a, BIO-4b, BIO-5a, and BIO-5b, which ensure that precautions are taken prior to construction to ensure that protected bird species would not be disturbed. The 2015 FEIR indicated that construction activities may encounter undiscovered cultural resources, and, therefore, MMs CUL-1, CUL-3, and CUL-4 would be implemented to reduce impacts to a level of less than significant. The 2015 FEIR concluded impacts would be less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. MMs BIO-1a, BIO-1b, BIO-2a, BIO-2b, BIO2c, BIO-4a, would apply; however, MMs BIO-4b, BIO-5a, and BIO-5b would not. As such, the proposed improvements would not alter any conclusions set forth in the 2015 FEIR. b) The 2015 FEIR indicated that many of the NLP2 Project’s impacts would occur during construction, with a few lasting operational effects. With regard to remaining areas of analysis, cumulatively, the NLP2 Project would not result in significant long-term impacts that would substantially combine with impacts of other current or probable future impacts. The NLP2 Project would not create impacts that are cumulatively considerable. The 2015 FEIR concluded impacts would be less than significant.
The proposed improvements would occur at SR-29/South Kelly Road and within the South Kelly Road right-of-way between SR-29 and Devlin Road. The improvements are intended to address traffic impacts from existing and approved projects in the vicinity. It would not generate new 227
City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum CEQA Checklist
FirstCarbon Solutions 107 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5682/56820001/IS-Addendum/56820001 American Canyon SR-29 South Kelly Road Addendum.docx vehicle trips. As such, the proposed improvements would not alter any conclusions set forth in the 2015 FEIR.
c) The preceding sections of this Initial Study/Addendum discuss various types of impacts that could have adverse effects on human beings, including:
• Dust and air pollutants during project construction activities (Section 3, Air Quality) • Operational emissions (Section 3, Air Quality)
Each type of impact with the potential to cause substantial adverse effects on human beings has been evaluated, and this Initial Study/Addendum concludes that these potential impacts would not substantially increase with development of the NLP2 project and would be consistent with the results concluded in the 2015 FEIR.
Mitigation Measures
MMs BIO-1a, BIO-1b, BIO-2a, BIO-2b, BIO-2c, BIO-4a, BIO-4b, BIO-5a, BIO-5b, CUL-1, CUL-3, and CUL-4
Conclusion
The conclusions from the 2015 FEIR would remain unchanged with the approval of the improvements.
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229
City of American Canyon—South Kelly Road and State Route 29 Improvements Project Initial Study/Addendum
FirstCarbon Solutions
Appendix A:
Transportation Memorandum
FORTHCOMING
230
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231
1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of American Canyon
4381 Broadway, Suite 201
American Canyon, California 94503
EXEMPT from recording fee pursuant to Government Code Section 27383 ________________________________________________________________
TERMINATION OF AMENDED AND RESTATED IMPROVEMENT
AGREEMENT
AND
FIRST AMENDMENT TO SUBDIVISION IMPROVEMENT AND
REIMBURSEMENT AGREEMENT
Napa Logistics Park
This Termination of Amended and Restated Improvement Agreement and First Amendment to Subdivision Improvement and Reimbursement Agreement (collectively, this “Amendment”), is made by and between the CITY OF AMERICAN CANYON (“City”), a California Municipal Corporation, and DWF IV NLP II, LLC, a Delaware limited liability company (“Developer”) and is effective as of August ___, 2022 (the “Effective Date”).
RECITALS
A. Developer is the developer of the Napa Logistics Park Phase 2 project (“Phase 2” or “Project”). Developer formerly owned the entirety of the Phase 2 site, consisting of an approximately 172.61-acre parcel (formerly Napa County Assessor Parcel Number 057-090-083). Developer currently owns Lots 1 and 2 of the Phase 2 site, as more particularly described on Exhibit A.
B. On December 15, 2015, the City Planning Commission
recommended the City Council certify a Final Environmental Impact Report (“EIR”) under the provisions of the California Environmental Quality Act (Pub. Res. Code § 21000 et seq.) (“CEQA”) for the Project, and the City Council: (A) (i) certified the Final EIR as adequate to address environmental impacts associated with the Project, (ii) adopted a Statement of Overriding Considerations for the Project, and (iii) adopted the Mitigation Monitoring and Reporting Program (“MMRP”) for the Project, based on all of the evidence presented to the City Council, as set out in City Council Resolution 2015-106, and (B) approved a Conditional Use Permit (“CUP”) for the Project by adopting City Council Resolution 2015-107. The CUP 232
2 includes several conditions of approval, including conditions related to certain required public and private improvements (the “CUP Conditions”).
C. On November 7, 2017, the City Council adopted Ordinance 2017-08, authorizing a Development Agreement for the Project to extend the CUP by an additional ten (10) years. To comply with CEQA, the City Council approved an Initial Study/Addendum prepared by First Carbon Solutions, dated August 31, 2017 (“2017 Addendum”). The City and Developer then entered into that certain Development Agreement, dated November 7, 2017, and recorded on November 8, 2017, as Instrument No. 2017-0025000 in the Official Records of the County (the “Phase 2 Development Agreement”).
D. On January 25, 2018, by Resolution No. 2018-02, the City Planning Commission approved a Design Permit application for a building in Phase 2 and issued conditions of approval in connection therewith (the “Building 4 Conditions”).
E. On March 22, 2018, by Resolution No. 2018-06, the City Planning Commission approved a Tentative Parcel Map, further subdividing Phase 2 into six (6) legal lots: (a) three (3) buildable lots of 58.19 acres, 37.40 acres, and 24.51 acres each (the “Development Parcels”), and (b) the collective remainder lots including an 8.54 acre lot for storm drainage purposes, a designated remainder lot of 37.21 acres which is subject to a wetlands conservation easement, and public road rights of way totaling 6.67 acres (the “Tentative Map Approval”). The Tentative Map Approval includes several conditions of approval, including conditions related to certain required public and private improvements (the “Map Conditions”). Map Condition 8 incorporates by reference as Map Conditions all CUP Conditions.
F. On June 27, 2018 the City and Developer entered into that certain Amended and Restated Improvement Agreement (recorded on July 2, 2018 as Instrument No. 2018-0013094 in the Official Records of the County) (the “Amended and Restated Improvement Agreement”), documenting certain improvement requirements for the Project.
G. On December 18, 2018, the City and Developer entered into that certain Subdivision Improvement and Reimbursement Agreement (recorded on December 18, 2018, as Instrument No. 2018-0024204 in the Official Records of the County) (the “Subdivision Improvement and Reimbursement Agreement”), documenting certain improvement requirements for the Project.
H. On March 4, 2019, Developer recorded Parcel Map—Napa Logistics Park Phase 2 in Book 28 of Parcel Maps, Pages 1 through 4, in the Official Records of the County (“Parcel Map”). Following recordation of the Parcel Map, Developer transferred Lot 4 to the Pacific Gas & Electric Company (“PG&E”), and Developer transferred Lot 3 and the designated remainder lot to the Napa Logistics Park Association. Developer and PG&E also entered into a partial assignment and assumption of the Phase 2 Development Agreement, by which Developer retained 233
3 certain improvement obligations. Developer currently owns Lots 1 and 2 of the original Phase 2 site, as more particularly described on Exhibit A.
I. On June 25, 2020, by Resolution No. 2020-06, the City Planning Commission approved a Design Permit application for a building in Phase 2 and issued conditions of approval in connection therewith (the “Building 3 Conditions”).
J. Both the Amended and Restated Improvement Agreement and the Subdivision Improvement and Reimbursement Agreement addressed and implemented requirements for certain roadway improvements at SR-29 and South Kelly Road (the “Original South Kelly Improvements”), as set forth in CUP Condition 16.1, the Map Conditions, MM-TRANS-1d, MM-TRANS-2a, the Napa Logistics Park Phase I approvals, and other Project approvals. The Subdivision Improvement and Reimbursement Agreement also addressed certain Transportation Demand Management (“TDM”) requirements for the Project, as set forth in CUP Conditions 16.e and 17, MM-TRANS-1a and MM-TRANS-1b, and other Project approvals.
K. The Original South Kelly Improvements were premised on conservative assumptions about the Project’s land uses, development square footage, and trip generation as analyzed in the Final EIR, and were based on the City’s, County’s, Napa Valley Transportation Authority’s (“NVTA”), and Caltrans’ plans for traffic improvements along the SR-29 corridor as of 2015. The Project’s actual buildout has resulted in less intensive land uses, reduced development square footage, and fewer traffic trips compared to what was assumed and analyzed in the Final EIR and 2017 Addendum. In addition, the City, County, NVTA, and Caltrans have since updated their plans for traffic improvements along the SR-29 corridor.
L. Developer and the City now desire to modify the Original Roadway Improvements to reflect the actual land uses, development square footage, and trip generation for the Project as-built, and the agencies’ updated improvement plans for the SR-29 corridor (“Modified South Kelly Improvements”). The Modified South Kelly Improvements are depicted in the preliminary plans, engineer’s estimate, and contractor’s estimate previously submitted to the City and listed on Exhibit C (the “Modified South Kelly Improvement Plans”), and are described on Exhibit D and in the Project’s Amended MMRP, dated June 2022.
M. Developer and the City further desire to clarify the Transportation Demand Management (“TDM”) requirements for the Project and the current status of those requirements. The clarified TDM requirements for the Project are described on Exhibit D and in the Project’s Amended MMRP, dated June 2022.
N. Developer and the City further desire to document the Modified South Kelly Improvements and clarified TDM requirements in a single agreement. 234
4 O. The City has approved an Initial Study/Addendum prepared by First Carbon Solutions, dated July 2022 (“2022 Addendum”), which evaluated whether approval of the Modified South Kelly Improvements and other items included in this Amendment have the potential to cause new or substantially more severe environmental impacts over the Project impacts evaluated and identified in the Final EIR and 2017 Addendum, or whether there is any new information of substantial importance, which was not known and could not have been known at the time the Final EIR was certified as complete, that would require additional environmental review pursuant to Public Resources Code section 21166 and the CEQA Guidelines sections 15162–15164. The 2022 Initial Study/Addendum determined that there is no potential for new or more severe significant environmental impacts, and the City has determined that no subsequent EIR is required. The City has also approved an Amended MMRP for the Project, dated June 2022, which addresses the Modified South Kelly Improvements and the TDM requirements, and which identifies those Mitigation Measures that continue to apply to the Project and those that have been completed or no longer apply.
P. Since the Amended and Restated Improvement Agreement and the Subdivision Improvement and Reimbursement Agreement both address the Original South Kelly Improvements and since there are no other improvements or Developer obligations otherwise outstanding under the Amended and Restated Improvement Agreement, the Parties now desire to: (1) terminate the Amended and Restated Improvement Agreement, and (2) amend the Subdivision Improvement and Reimbursement Agreement to require the Modified South Kelly Improvements in lieu of the Original South Kelly Improvements, to specify the Parties’ respective rights and obligations for the construction and funding of the Modified South Kelly Improvements, to clarify the TDM requirements, and to make corresponding revisions to all other Project approvals, entitlements, and requirements.
NOW, THEREFORE, for and in consideration of the City and Developer (“Parties”) agree as follows:
TERMINATION OF AMENDED AND RESTATED IMPROVEMENT
AGREEMENT
Napa Logistics Park Phases I and II
1. Termination. The Parties agree that the Amended and Restated Improvement Agreement is terminated as of the Effective Date.
2. Improvements. Developer shall have no further obligations with respect to the Improvements listed in Section 2, including subsections (a) through (e), of the Amended and Restated Improvement Agreement. These Improvements 235
5 are superseded and replaced by the Modified South Kelly Improvements, which will be governed by this Amendment, as set forth below.
3. Security. The Parties acknowledge that Developer caused Bank of America, N.A. to issue and annually renew Irrevocable Standby Letters of Credit, naming the City as beneficiary, as security for the obligations set forth in the Amended and Restated Improvement Agreement (the “Letters of Credit”). The Parties agree that the Letters of Credit may now be cancelled. The City shall provide Developer with its written consent to cancel the Letters of Credit within five (5) business days following Developer’s payment of the fair share obligation described in Section 4 of this Amendment.
FIRST AMENDMENT TO SUBDIVISION IMPROVEMENT AND
REIMBURSEMENT AGREEMENT
Napa Logistics Park Phase 2
4. Amendment to Section 2.c. Section 2.c of the Subdivision Improvement and Reimbursement Agreement is deleted and replaced in its entirety as follows.
CUP Condition 16.a: South Kelly Improvements. The Parties hereby agree to modify the roadway improvements required at SR29 and South Kelly Road, as originally set forth in CUP Condition
16.a, Mitigation Measure TRANS-1d, and Mitigation Measure TRANS-2a (“Original South Kelly Improvements”). The modified improvements at SR-29 and South Kelly Road (“Modified South Kelly Improvements”) are depicted on the improvement plans listed on Exhibit C, and are described on Exhibit D and in the Project’s Amended MMRP dated June 2022.
The Parties agree and acknowledge that Developer shall have no further obligations with respect to the Original South Kelly Improvements, and that the City did not require construction of the Original South Kelly Improvements prior to issuing certificates of occupancy for the Project.
Developer’s obligation with respect to the Modified South Kelly Improvements is limited to making a fair share payment to the City, in the amount of $1,001,354.12, reflecting 83% of the engineer’s estimate for the work. The fair share payment shall be due to the City within 60 days following the Effective Date.
The City shall be responsible for all other obligations relating to the Modified South Kelly Improvements, including without limitation, obtaining any required encroachment permits from the County or 236
6 Caltrans; acquiring any necessary easements or rights-of-way; constructing, repairing, and replacing the Modified South Kelly Improvements; and satisfying any other applicable obligations for the Modified South Kelly Improvements identified in Section 1 of this Subdivision Improvement and Reimbursement Agreement.
5. Amendment to Section 2.d. Section 2.d of the Subdivision Improvement and Reimbursement Agreement is deleted and replaced in its entirety as follows.
CUP Condition 17: TDM. The Parties agree and acknowledge that Developer has submitted, and the City has approved, a
Transportation Demand Management program for the Project, entitled “Napa Logistics Park Transportation Demand Management (TDM) Strategies and Monitoring,” prepared by Fehr & Peers and dated October 2020 (the “TDM Program”). The Parties further agree and acknowledge that the TDM Program has been incorporated into the Declaration of Covenants, Conditions, and Restrictions and Grant of Easements for Napa Logistics Park (recorded on September 12, 2017 as Instrument No. 2017-0020645 in the Official Records of the County), as subsequently amended (the “CC&Rs”).
Section 3.3.14 of the CC&Rs requires the Association to monitor each Occupant’s compliance with the TDM Program and to allocate to an Owner or Owners any fines imposed by the City in connection with an Occupant’s violation of the TDM Program.
The Parties hereby agree to clarify and/or modify the TDM requirements as originally set forth in the Project approvals, including CUP Condition 16.e, CUP Condition 17, and Mitigation Measures TRANS-1a and TRANS-1b, such that Developer is not required to satisfy any further TDM requirements beyond those it has already completed as described in the paragraph above. Without limitation, Developer is not required to enter into any further TDM Agreement, conduct additional monitoring, install a permanent vehicle counting station, or make any further financial guarantee to the City. The City finds that the TDM Program as implemented through the CC&Rs is effective, and Developer is hereby deemed to have complied with all applicable TDM requirements for the Project.
6. Addition of New Section 2.f. A new Section 2.f is added to the Subdivision Improvement and Reimbursement Agreement as follows.
Applicability to Other Project Approvals. The provisions of this Subdivision and Improvement Agreement, including the requirements for the Modified South Kelly Improvements and TDM requirements as described herein, shall control over and be automatically substituted into all 237
7 other Project approvals, entitlements, and agreements that address the same improvements or requirements.
7. Amendment to Exhibit C. Exhibit C to the Subdivision Improvement and Reimbursement Agreement, listing the Improvement Plans, is hereby amended to include the Improvement Plans listed on Exhibit C to this Amendment.
8. Amendment to Exhibit D. Exhibit D to the Subdivision Improvement and Reimbursement Agreement, describing the covered Improvements, is hereby amended with respect to CUP Conditions 16.a, 16.e, and 17 as shown on Exhibit D to this Amendment.
9. Section 3.b. The Parties agree and acknowledge that Developer’s payment under Section 4 of this Amendment represents the Project’s fair share of the construction costs for the Modified South Kelly Improvements. The reimbursement provisions of Section 3.b of the Subdivision Improvement and Reimbursement Agreement shall continue to apply only for the limited purpose of entitling Developer to reimbursement for the planning and engineering costs for the Modified South Kelly Improvements, which Developer paid for and advanced 100%.
10. Deletion of Section 3.e. Section 3.e of the Subdivision Improvement and Reimbursement Agreement is hereby deleted in its entirety. City shall be solely responsible for constructing the Modified South Kelly Improvements and Developer shall be responsible only for making the fair share payment described in Section 4 of this Amendment.
11. Full Force and Effect. The Subdivision Improvement and Reimbursement Agreement, as amended by this Amendment, shall continue to remain in full force and effect. This Amendment and the Subdivision Improvement and Reimbursement Agreement shall be construed as a whole in order to effectuate the intent of the Parties as specified in this Amendment. All provisions of the Subdivision Improvement and Reimbursement Agreement affected by this Amendment shall be deemed amended regardless of whether so specified in this Amendment. This Amendment shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns.
12. Indemnification. Developer shall defend, indemnify, and hold harmless the City of American Canyon, its elected and appointed officials, employees, volunteers, and legal counsel, as set forth in the Phase 2 Development Agreement.
MISCELLANEOUS AGREEMENTS
13. Defined Terms. Defined terms used in this Amendment which are not defined herein shall have the same meaning as set forth in the Subdivision Improvement and Reimbursement Agreement.
238
8 14. Captions. The section headings or captions appearing in this Amendment are for convenience only, are not a part of this Amendment and are not to be considered in interpreting this Amendment.
15. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute but one and the same document.
16. Entire Agreement; Modification. This Amendment constitutes the complete agreement between the Parties regarding the subject matter hereof, and supersedes any prior oral or written agreements between the Parties. There are no verbal agreements that change this Amendment, and no waiver of any of their respective terms will be effective, unless in writing executed by the Parties. [Amendment continued on next page]
239
9 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the Effective Date.
“City”
City of American Canyon
By: ___________________________
Jason B. Holley
City Manager
“Developer”
DWF IV NLP II, LLC, a Delaware limited
liability company
By:
Name:
Title:
ATTEST:
By: ___________________________
Taresa Geilfuss
City Clerk
APPROVED AS TO FORM:
By:___________________________
William D. Ross
City Attorney
240
10 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ___________
On ______________________ before me,
_________________________________, personally appeared
__________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________ (Seal)
241
11 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ___________
On ______________________ before me,
_________________________________, personally appeared
__________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________ (Seal)
242
12 EXHIBIT A
LEGAL DESCRIPTION
243
13 EXHIBIT B
(INTENTIONALLY OMITTED)
244
14 EXHIBIT C
LIST OF MODIFIED SOUTH KELLY IMPROVEMENT PLANS
(Kier & Wright, dated July 2021)
245
EXHIBIT D
AMENDED IMPROVEMENTS
AMENDED IMPROVEMENTS
Amended CUP Condition 16.a/Amended MM TRANS-1d
The project applicant shall make a fair share payment to the City to support the City’s implementation of the following improvements to SR-29. This scope is based on improvements that have already been constructed, the project’s reduced trip generation, and the project’s reduced extent of development as documented in the 2022 transportation impact study.
(1) At the intersection of SR-29 at South Kelly Road:
- Southbound approach: construct 1 new right-turn lane
- Eastbound approach: replace existing left-turn lane and through-right lane with 1 new left-turn lane, 1 new left-through lane, and 1 new right-turn lane. (2) At the intersection of South Kelly Road and Devlin Road:
- Westbound approach: construct 1 new left-turn lane
(3) South Kelly Road, between Devlin Road and SR-29 intersections:
- Westbound lane: construct new 2nd westbound lane
- Center Lane: construct 1 new two-way left-turn lane
Amended CUP Conditions 16.e.; 17/Amended MM TRANS-1a and MM-TRANS-1b.
The project applicant shall establish a Transportation Demand Management (TDM) program, subject to review and approval by the City. The intent of the TDM program is to ensure that traffic volumes generated by the Project do not exceed that which would occur from warehouse-only uses. Notwithstanding its intent, the applicant shall implement this mitigation measure regardless of the mix of uses (warehouse-only or warehouse/industrial/office) that is eventually built.
To ensure its enforceability, the project applicant shall incorporate the TDM program into the CC&Rs for the Napa Logistics Park. The CC&Rs shall require the Association to monitor each Occupant’s compliance with the TDM program and to allocate to an Owner or Owners any fines imposed by the City in connection with an Occupant’s violation of the TDM program.
(The applicant has already fully complied with this condition and mitigation measure.
The applicant submitted, and the City approved, a Transportation Demand Management program for the Project, entitled “Napa Logistics Park Transportation Demand Management (TDM) Strategies and Monitoring,” prepared by Fehr & Peers and dated October 2020. The applicant incorporated the TDM program into the Declaration of Covenants, Conditions, and Restrictions and Grant of Easements for Napa Logistics Park (recorded on September 12, 2017 as Instrument No. 2017-0020645 246
AMENDED IMPROVEMENTS
in the Official Records of the County), as subsequently amended. Section 3.3.14 of the CC&Rs requires the Association to monitor each Occupant’s compliance with the TDM Program and to allocate to an Owner or Owners any fines imposed by the City in connection with an Occupant’s violation of the TDM Program.) 247
OWNER’S STATEMI~NT
THE UNDERSIGNED DOES HEREBY STATE THAT THEY ARE THE ONLY ENTITY HAVING A RECORD TITLE INTEREST
IN THE REAL PROPERTY INCLUDED WITHIN THE DISTINCTIVE BOUNDARY OF THIS PARCEL MAP SHOWN HEREON ENTITLED "PARCEL MAP NAPA LOGISTICS PARK PHASE 2", CONSISTING OF 4 SHEETS INCLUDING THIS ONE, THAT
THEY DO HEREBY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP, AND THAT THEY HEREBY IRREVOCABLY OFFER FOR DEDICATION:
- DEVLIN ROAD DEDICATION AS A PUBLIC ROAD RIGHT OF WAY AND PUBLIC UTIUTY EASEMENT - BOONE DRIVE, DEDICATION "A" AS A PUBUC ROAD RIGHT OF WAY AND PUBUC UTILITY EASEMENT - BOONE DRIVE, DEDICATION "B" AS A PUBUC ROAD RIGHT OF WAY AND PUBUC UTIUTY EASEMENT - 20 FOOT WIDE PUBLIC STORM DRAIN EASEMENT (DESIGNATED 20’ PUBLIC S.D.E.) - 6 FOOT WIDE PUBLIC UTIUTY EASEMENTS (DESIGNATED 6’ P.U.E.) - TEMPORARY 20’ WIDE PUBLIC SEWER EASEMENT, TO EXPIRE AFTER 10 YEARS (DESIGNATED 20’ TEMPORARY PUBLIC S.S.E.)
AS SHOWN HEREON IN THE BODY OF SAID MAP.
IN ~TNESS. WHEREOF, THE UNDERSIGNED HAVE CAUSED THESE PRESENTS TO BE EXECUTED THIS ~/ 0F~018.
DAY
DWF IV NLP II, LLC,
A DELAWARE LIMITED UABILITY COMPANY;
ITS: MANAGING AUTHORIZED SIGNATORY
OWNER’S ACKNOWLEDGMENT
I
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS AI’FACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA)
COUNTY OF SAN FRANCISCO) S.S.
PERSONALLY APPEARED S.~_V.~ p~OVI:~
(NAME AND TITLE)
.......... , ,WHO PROVED TO ME ON THE BASIS
OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)IS/ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN
HIS/HER /THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE
INSTRUMENT THE PERSON(S) OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND.
SlGNATURE:~
PRINT
MY COMMISSION I~UMBER:~’j~L~-_~L__....
MY COMMISSION EXPIRES:.~_.~_~__~._~’_O_ .~____~_
PRINCIPAL COUNTY OF BUSlNESS:._~~_~____
~,~’~’~ Nortary Public- California
]~" Commission # 225! 729
~~MyComm. Expires Jul 29, 2022
COUNTY TAX COLLECTOR AND REDEMPIION OFFICER CERTIFICA
4o#- DATE
COUNTY TAX
~
REDEMPTION OFFICER
~F-r-J~-IJTY DA~
SIGNATURI , OMISSIONS
SIGNATURES OF OWNERS OF THE FOLLOWING EASEMENTS HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436 OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SUCH SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY.
NAME . RECORDED NATURE OF INTEREST
ARTHUR H. DRAUGHON 36 O.R. 192 PIPE UNE (NOT PLOTTABLE)
AMERICAN CANYON COUNTY
WATER DISTRICT
984 O.R. 291 WATER AND SEWER UNES (PLOTTED)
SOUTH NAPA WASTE’
MANAGEMENT AUTHORITY
1993-037831 STORM DRAINAGE (PLOTTED)
ALBERT R. SARAIVA 1998-011349 STANDARD DRAINAGE (NOT PLOTTABLE) COUNTY OF NAPA 2010-0017496
2010-0016563
2014-0007861
2018-0013094
2010-0017498
AVIGATION RIGHTS (NOT PLOTTABLE)
DEVELOPMENT AGREEMENT (NOT PLOTTABLE)
DEVELOPMENT AGREEMENT (NOT PLOTTABLE)
IMPROVEMENT AGREEMENT (NOT PLOT[ABLE)
USE &: DEVELOPMENT RESTRICTIONS
NAPA AIRPORT CORPORATE
CENTRE, LLC
2011-0006435 MITIGATION AGREEMENT (NOT PLOT[ABLE) "
GOLDEN STATE LAND
CONSERVANCY
2013-0017750 CONSERVATION EASEMENT (PLOTTED)
QWEST COMMUNICATIONS CO. 2013-0035312 TELECOMMUNICATIONS (NOT PLOTrABLE)
CITY OF AMERICAN CANYON
DWF IV NAPA LOGISTICS CENTER
2012-0000442
2015-0019898
2017-0025000
2018-0009047
AGREEMENT (NOT PLOT[ABLE)
IMPROVEMENT AGREEMENT (NOT PLOTTABLE)
AGREEMENT
APPURTENANT RAIL EASEMENT (PLOTTED)
CITY ENGINEER’S STATEMENT
I HEREBY STATE THAT THE MAP ON THIS SUBDIVISION WAS EXAMINED BY ME OR UNDER MY DIRECTION THAT
IT IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AS AMENDED AND ANY LQCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH.
STEvEN L HARTWIG, R.~’. ~--
CITY ENGINEER, CITY OF AMERICAN
DATE I
/
’
I HEREBY STATE THAT THE MAP ON IHIS SUBDIVISION WAS EXAMINED BY ME OR UNDER MY DIRECTION ON BEHALF OF THE CITY ENGINEER AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT.
RICHARD A. MOSHIER, R.C.E. 30696 DATE
CITY CLERK’S CERTIRCATE
I HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON HAS APPROVED PARCEL MAP ENTITLED "PARCEL MAP NAPA LOGISTICS PARK PHASE 2", AND HAS ACCEPTED THE VACATION OF THE 20’ WIDE PUBUC WATER AND SEWER EASEMENT (DESIGNATED 20’ PUBUC WATER &
SANITARY SEWER EASEMENT), AND HAS ACCEPTED THE FOLLOWING DEDICATIONS ON BEHALF OF THE PUBLIC SHOWN HEREON IN THE BODY OF SAID MAP:
DEVLIN ROAD DEDICATION AS A PUBLIC ROAD RIGHT OF WAY AND PUBLIC UTILITY EASEMENT, SUBJECT TO IMPROVEMENT ’
BOONE DRIVE DEDICATION "A" AS A PUBLIC ROAD RIGHT OF WAY AND PUBLIC UTILITY EASEMENT,
SUBJECT TO IMPROVEMENT
BOONE DRIVE DEDICATION "B" AS A PUBUC ROAD RIGHT OF WAY AND PUBLIC UTILITY EASEMENT,
SUBJECT TO IMPROVEMENT
- 20 FOOT WIDE PUBLIC STORM DRAIN EASEMENT (DESIGNATED 20’ PUBUC S.D.E.) - 6 FOOT WIDE PUBUC UTIUTY EASEMENTS (DESIGNATED 6’ P.U.E.) - TEMPORARY 20’ WIDE PUBLIC SEWER EASEMENT~ TO EXPIRE AFTER 10 YEARS (DESIGNATED 20" TEMPORARY PUBUC S.S.E.)
SUELLEN JOHNSTON,
CITY CLERK, CITY OF ’RICAN CANYON
SURVEYORS STATEMENT
I, RICHARD JAMES HICKENBOTTOM, DO HEREBY STATE THAT THE PARCELS SHOWN ON THIS MAP ENTITLED "PARCEL MAP NAPA LOGISTICS PARK PHASE 2", IS BASED ON A FIELD SURVEY MADE BY ME OR UNDER MY DIRECTION IN JULY 2018, IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL" ORDINANCE AT THE REQUEST OF ORCHARD PARTNERS. I HEREBY STATE THAT THIS MAP
SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE PARCEL MAP, IF
ANY, AND THAT ALL MONUMENTS SHOWN ON SAID MAP ARE OF THE CHARACTER AND OCCUPY THE
POSITIONS INDICATED OR THAT THEY WILL BE SET IN THOSE POSITIONS WITHIN ONE YEAR OF THE DATE OF FILING SAID M~P;, ’AND THAT SAID MONUMENTS ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
/ D P.LS. 8654 ’IC~HA~dKENB6TTOM.
COUNTY RECORDER’S CERTIFICATE,
FILED AT THE REQUEST_ OF THE CITY OF AIV&ERICAN CANYON AT _L~.~~- r~.~M~INUTES PAST ~I/$~M ON THE _ ~__ DAY OF ~~ -~AN,~THE OFFICE OF
THE COUNTY RECORDER OF.THE.COUNTY OF NAPA, STATE OF CALIFORNIA IN BOOK /-~ OF PARCEL MAPS AT PAGES _~ ~
RECORDER’S SERIAL NO. ~_~~
_JOHN TUTEUR, COUNTY RECORDER
COUNTY OF ~,A~,~, STATE OF CALIFORNIA
............... DEPUTY COUNTY RECORDER
COUNTY OF NAPA, STATE OF CAUFORNIA
DATE
PARCEL MAP
NAPA LOGISTICS PARK PHASE 2
BEING A FOUR (4.) LOT SUBDIVISION OF THE LANDS OF DWF IV NLP II AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED JUNE 30, 2015 AS INSTRUMENT NO. 2015-0016794,, OFFICIAL RECORDS OF NAPA
COUNTY, BEING THE DESIGNATED REMAINDER AS SHOWN ON THAT CERTAIN PARCEL MAP OF NAPA LOGISTICS PARK PHASE 1, FILED FOR RECORD ON JUNE 19, 2015, IN BOOK 27 OF PARCEL MAPS, AT PAGES 26-29, OFFICIAL RECORDS OF NAPA COUNTY. CONTAINING 1,.35.40 ACRES OF LAND, MORE OR LESS.
APN = 057-090-083-000
CITY OF AMERICAN CANYON - NAPA COUNTY - CALIFORNIA
DECEMBER 2018
KIER & WRIGHT
CIVIL ENGINEERS & SURVEYORS, INC.
2850 Collier Canyon Road Phone (925) 245-8788
Livermore, California 94551 Fax (925) 245-8796
www.klerwright.com
JOB NO.: A13631-17 SHEET 1 OF 4 SHEETS
EXHIBIT A
248
0 125’ 250’ 500’
Scole 1" = 250"
AVIGATION AND HAZARD EASEMENT:
THIS PROPERTY IS IN THE AREA SUBJECT TO OVERFLIGHTS BY AIRCRAFT USING
NAPA COUNTY AIRPORT, AND AS A RESULT, RESIDENTS MAY EXPERIENCE
INCONVENIENCE, ANNOYANCE OR DISCOMFORT ARISING FROM THE NOISE OF SUCH OPERATIONS, STATE LAW (PUBLIC UTIUTIES CODE SECTION 21670 ET SEQ)
ESTABLISHES THE IMPORTANCE OF PUBLIC USE AIRPORTS FOR THE PROTECTION OF THE PUBLIC INTEREST OF THE PEOPLE OF THE STATE OF CALIFORNIA. RESIDENTS
OF PROPERTY NEAR A PUBUC USE AIRPORT SHOULD THEREFORE BE PREPARED TO
ACCEPT SUCH INCONVENIENCE, ANNOYANCE OR DISCOMFORT FROM NORMAL AIRCRAFT OPERATIONS. THIS PROPERTY IS SUBJECT TO AN AVIGATION AND HAZARD EASEMENT RLED AUGUST 04, 2010 UNDER DOCUMENT NUMBER 2010-0017496, NAPA COUNTY RECORDS. (ORD. 1194-8, 2002: ORD. 1014-3, 1992: PRIOR C0DE-11630.1)
S08"49’27"E 1205.76(TIE)
LANDS OF BIAGI & ASSOCIATES, LLC.
2012-0030898 O.R.
FD.
-- I 0=5"25’20’
LS 4510 (R1) ,
FD. 1" LP.
LS 8654
SFNF
HELD RECORD
R=358.00’
D=29’42’1.
L=185.60~M)(R1)
20’ PUBLIC WATER &: SANITARY
SEWER EASEMENT
PER BOOK 984, PAGE 291 O.R.
TO BE VACATED BY THIS MAP
LOT 1
58.03-1- ACRES
N8812"
I
175.48’
L=34.11’ I
S89"19’23"E ~;
N89"19’11"W
252.00’
,3
283.10’ 1.74:1: ACRES
t4"W
93.80’ L=245,29’
N89"lg’11"W 4543.26’(T)(MXR1)
L=21.06’ LANDS OF GJOVANNONJ R=600.O0’
SEE SHEET 4
R=876.00’ DEVLIN ROAD DE~TC~’TION
1.44~ ACRES
FD. 1" I.P.
LS 8654 (R1)
~ N88"52’35"W 1400.O0’(M)(R1) BASIS OF BEARINGS
FD. WELL TOWER ROAD \ -
MONUMENT (R1)
-- FD, T-BAR
NAPA COUNTY
(m)
\ \ APPURTENANT RAIL SPUR EASEMENT AREA
~\ PER INST. NO. 2018-0009047 0.R.
230.91’(M)(R1)
I, I&80’(MXRI)
LS 8654 (R1)
’-"°~,~~, - -~-
PARCEL 1
27 PM 26-29
NOT A
PART OF
P.U.E. (RI)
THIS
SUBDIVISION
6’ P.U.E.
R=55&O0’
L=I33.42’(M)(R1) 134.45’(M)(R1)
$IB=13’49"E 10&,
PUBLIC S.D.E. PER
INST. NO. 2013-0034594 O.R.
R=290.00’
!4°22’49"
L=123.4~)’(M)(R1)
R=30.00’
=84~8’08"
L=44.23’(M)(R1)
P,U,E. PER
INST. NO, 2013-0034593 O,R.
FD, BRASS PIN~
LS 4510 (R1)
ANGLE (RI)
NOTES:
I. ALL DISTANCES ARE SHOWN IN FEET AND DECIMALS THEREOF.
2. LOT 3 AND THE DESIGNATED REMAINDER ARE NON-DEVELOPABLE PARCELS.
3. ALL PRIVATE EASEMENTS WILL BE DEDICATED AND GOVERNED BY THE COVENANTS, CONDITIONS AND RESTRICTIONS DESCRIBED BELOW.
4. A GEOTECHNICAL REPORT OF THE PROPERTY WAS PREPARED BY CORNERSTONE EARTH GROUP,. HAVING A PROJECT NUMBER OF 582-2-2 AND DATED JULY 29, 2016.
5. COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING THIS SUBDIVISION HAVE BEEN RECORDED AS INSTRUMENT NO. 2017-0020645, AS AMENDED BY THAT DOCUMENT RECORDED AS INSTRUMENT NO. 2017-0025597, AND FURTHER AMENDED BY THAT DOCUMENT TO BE RECORDED ~ _ ....:)~’- CONCURRENTLY WITH THIS MAP AS INSTRUMENT NO.~L~_~~__
REFERENCES:
(R1) PARCEL MAP 27 PM 26-29
BASIS OF BEARINGS:
THE BEARING OF N 88"52’35" W BETWEEN FOUND MONUMENTS ALONG
THE CENTERUNE OF TOWER ROAD AS SHOWN ON THAT CERTAIN RECORD OF SURVEY MAP NO. 4929, SERIAL NO. 00335 FILED FOR RECORD ON FEBRUARY 25, 2007 IN BOOK 31 OF SURVEYS, AT PAGES 8-10, N.C.R.
LEOE.ND,:
¯
o
®
@
CL
FD
I.P.
O.R,
(M)
(MTM)
R/W
SFNF
S.D.E.
S.S.E.
W.L.E.
1885 O.R, 474
L=175.12’
-- CENTER LINE
PROPOSED EASEMENT LINE
EXISTING EASEMENT LINE
¯ SUBDIVISION BOUNDARY
CITY JURISDICTION AND SUBDIVISION BOUNDARY
CITY JURISDICTION
~ LOT LINES
DETAILS
FOUND 1" IRON PIPE LS 8654, OR AS NOTED
SET 1" IRON PIPE LS 8654
FOUND WELL MONUMENT
SET WELL MONUMENT
CENTER LINE
FOUND
IRON PIPE
OFFICIAL RECORDS
MEASURED DISTANCE
MONUMENT TO MONUMENT
RIGHT OF WAY
SEARCHED FOR NOT FOUND
STORM DRAIN EASEMENT
SANITARY SEWER EASEMENT
TOTAL
WATER LINE EASEMENT
NAPA COUNTY AIRPOR]
SHEET 3 SHEET 4
HWY 12
’LIN ROAD (2o
VARIES)
_ 3-0034592 O.R.
157.12’ 85.36’ 414.75’
14’19"E 178.06’(M)(R1) FO. 1/2" REBAR ~\ \
R=400.00’ 3/4" I,P LANDS OF GIOVANNONI
LS 6421 (R1)
D=2638’41 LS 4510
L=183.69’
i
~997-0~68~40.R.
PARCEL M AP
NAPA LOGISTICS PARK PHASE 2
BEING A FOUR (4) LOT SUBDIVISION OF THE LANDS OF DWF IV NLP II AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED JUNE 30, 2015 AS INSTRUMENT NO. 2015-0016794, OFFICIAL RECORDS OF NAPA
COUNTY, BEING THE DESIGNATED REMAINDER AS SHOWN ON THAT CERTAIN PARCEL MAP OF NAPA LOGISTICS PARK PHASE 1, FILED FOR RECORD ON JUNE 19, 2015, IN BOOK 27 OF PARCEL MAPS, AT PAGES 26-29, OFFICIAL RECORDS OF NAPA COUNTY. CONTAINING 135.40 ACRES OF. LAND, MORE OR LESS.
APN = 057-090-083-000
CITY OF AMERICAN CANYON - NAPA COUNTY - CALIFORNIA
DECEMBER 2018
VICINITY MAP
~or ,o s.~ JOB:
~
KIER & WRIGHT
CIVIL ENGINEERS & SURVEYORS, INC.
2850 Collier Canyon Road Phone (92~) 24S-8788
Livermore, California 94~$1 Fax (925) 245-8796
www.kierwright.¢om
NO. A13631-17 SHEET 2 OF 4 SHEETS
249
o
®
@
CL
FD
I.P,
O.R.
R/~
SFNF
S.D.E.
S.S,E.
(T)
W.LE.
-- CENTER LINE
PROPOSED EASEMENT LINE
EXISTING EASEMENT LINE
SUBDIVISION BOUNDARY
CITY JURISDICTION AND SUBDIVISION BOUNDARY
-- CITY JURISDICTION
~
LOT UNES
DETAILS
FOUND 1" IRON PIPE LS 8654, OR AS NOTED
SET 1" IRON PIPE LS 8654
FOUND WELL MONUMENT
SET WELL MONUMENT
CENTER LINE
FOUND
IRON PIPE
OFFICIAL RECORDS
MEASURED DISTANCE
MONUMENT TO MONUMENT
RIGHT OF WAY
SEARCHED FOR NOT FOUND
STORM DRAIN EASEMENT
SANITARY SEWER EASEMENT I
TOTAL
WATER UNE EASEMENT
LINE TABLE
UNE # DIREC’nON LENGIH
LI $87’07’37"E 112.32’
L2 S87’0T37"E 34.00’
d
L3 $89’19’11"E 117.91’
L4 $83"01’43"E 18.06’
L5 $89’24’37"E 88.33’
L6. S89’19’11"E 102.00’
L7 , $89’19’11"E 138.15’
L8 $89’19’11"E 97.00’
L9 $73"16’34"E 78.62’
L10 N89"59’57"W 122,10’
Lll $88’12’17"W 127.71’
L12 N89’59’57"W 9,73’
L13 $89’59’57"E 114.55’
L14 N0"00’02"E 99.91’
5.36’
47.27’
NOTES:
I. SEE SHEET 2 FOR NOTES,
SEE DETAIL "B"
TO THE RIGHT
S13"04’07"E
-_ I "--SFNF
~--HELD RECORD
’m ANOLE (RI)
47.09’
PRIVAE S.D.E. FOR THE BENERT OF
LOT 4 AND DOC# 2012-0030898,
TO BE DEDICATED BY SEPARATE
INSTRUMENT RECORDED CONCURRENTLY
AS DOC#.
DESIGNATED REMAINDER
37.21+ ACRES
W~TLANDS AND CONSERVATION
EASEMENT PER INST. NO. 2013-0017750
R=71.00’
L=118.07’
S1"11’43"W
t
S28"45’41"W ’- ~;20’52’37"E 52.14’
16.10’
12.35’
I I
N2
251.82’
243.66’ ~
20.00’
¯ ,~,
s88"28’3_0"L385.87’ 49.97’
C~
SFNF
HELD RECORD
ANGLE (RI)
SCALE: 1"=100’
R=94.00’
L=71.11’
R=75.00’
D=122"49’59"
L=160.79’
R=90.00’
D=43’20’30"
L=68.08’
L 20’ TEMPORARY
PUBLIC S.S.E.
6’ P.U.E.
LOT 3
3.32’ ....
_.35,~0.00’
-...o:~..
435.05’
S26"40’04"E 650.93’
\ ’ " $75"28’59"E 141.24’J o ~-},~\-~-.= SB’27 25 w 359.17’ LOT 4 - \ ~ ~ ~ {I L ~-S8"27’25"W 355.51’
24.51± ACRES 20’ PUBUC S,D.E. TO BE DEDICATED
m ~ ’ ~ ,11 I~
RECORDED CONCURRENTLY N891,’
Q ~ 292.85’ AS DOC# .. . 15.28’
Z o SEE PUBLIC S.D.E. DETAIL TO THE RIGHT
~ o
\\. FS19"20’56"E 273.90’
Z \\,~/
I 20’ PRIVATE S.D.E. IN FAVOR OF DOC#
o)~J {~" x I 2012-0030898, TO BE DEDICATED BY SEPARATE /’--S0"41’21 "W 2000’ m \
I INSTRUMENT RECORDED CONCURRENTLY /
"
\L
N89’19’11"W 1025.45’1 AS DOC#,
J
SB9"19’23"E
S89’19’11"E 2057 42’
,,
/ I
LANDS OF BJAGI & ASSOCIATES, LLC.
" FD. 3/4 I.P J I R=60.O0’
2012-O030898 O,R. LS 4510 (R1)
I D=75’27’51
I
L=79,03’
CURVE TABLE CURVE TABLE CU RVE TABLE
CURVE # RADIUS DELTA LENGTH CURVE # RADIUS DELTA LENGTH CURVE # RADIUS DELTA LENGTH C1 50.00’ 99"36’07" 86.92’ Cll 136.00’ 54"18’13" 128,90’ C21 104.00’ 17"04’57" 31.01’ C2 569.00’ 11’30’05" 114.22’ C12 186.00’ 20"54’17" 67.86’ C22 104.00’ 16"23’10" 29.74’ C3 100.00’ 16"05’56" 28.10’ C13 50.00’ 53’39’13" 46.82’ C23 100.00’ 18"54’00" 32.99’ C4 104.00’ 16’05’56" 29.22’ C14 100.00’ 11°20’28" !9.79’ C24 842.00’ 9"52’14" 145.05’ C5 437.00’ 14’21’19" 109.49’ C15 104.00’ 18"04’27" 32.81’ C25 842.00’ 1"58’34" 29.04’ C6 60.00’ 21"57’51" 23.00’ C16 100.00’ 17"04’57" 29.81’ C26 842.00’ 7’53’40" 116.01’ C7 64.00’ 21"57’52" 24.53’ C17 104.00’ 17"04’57" 31.01’ C27 60.00’ 23"47’41" 24.92’ C8 104,00’ 17"07’51" 31.10’ C18 104.00’ 17"04’57" 3!.01’ C28 64.00’ 20"25’54" 22.82’ C9 100.00’ 17"04’5T’ 29,81’ C19 100.00’ 17’04’57" 29.81’ C29 833.00’ 0"28’21" 6.87’ C10 430.00’ 6"17’28" 47.21’ C20 100.00’ 17"04’57" 29.81’ C30 104.00’ 18"04’48" 32.82’
6.90~ ACRES
BOONE DRIVE
DEDICATION "A"
S01:)0’03"W 1570.94’(M-M)
LOT 2
37.21± ACRES
P,U.E.
.~6"40’04"W
22.53’
PUBLIC S.D.E.
SEE DETAIL "C" ON SHEET 4
FOR LOT ,3 AND DEDICATION "El"
-C33
.=.68.00’
SEE DETAIL
"A" BELOW
7"E LOT 3
175.48’ 1.74~ ACRES
’~9’~’l’l"E 1117.13’-- --
i"W R=600.O0’
L=175.12’
CU RVE TABLE
CURVE # RADIUS DELTA LENGTH
C31 100,00’ 14’49’13" 25.87’
C32 563.00’ 13"27’49" 132.30’
C33 100.00’ 16"46’00" 29.26’
C34 104.00’ 17"58’44" 32.63’
C35 1567.00’ 035’02" 15.97’
C36 1481.00’ 1 ~7’46" 46.43’
C37 104.00’ 17’04’57" 31.01’
C38 100.00’ 17"04’57" 29.81’
C39 45.00’ 90"00’00" 70.69’
1’57"E
163.45’
70.00’
I
I
Ib
~J
!
!
!
!
R=876.00’
N7336’34"W
93.80’ L=245.29’
N21~I7’00"W 0 100" 200’ 400’
135.35’
Scole 1"= 200"
1. $26"40’04"E--~
~ ~ ~
222"28’X (’--S26"40’O4"E
N89"56’22"E 71.77’_. 4...~.~’_~ ~22.53’
NO’O3’38"_w,q [ .......-~--~89~ 5,~--~~’-- "X
2000 ’--’~ , ~. \
¯
I_ I 52.09 X_
"
s~’~’~"; ~.~’ ~5~5~ \-x\
$26"40’04"E---~ \ \,
_40_6_.12’ ~, \____k.,.._,
PUBLIC S.D.E. DETAIL
SCALE:
P.U.E.
1SCALE" 1"-100’ LOT
¯
58.03± ACRES
SEE SHEET 4
S8939’11"E 724.92’
LANDS OF GJOVANNONJ
1835 O.R. 474
PARCFI MAP
157.12’
/
NAPA LOGISTICS PARK PHASE 2
BEING A FOUR (~) LOT SUBDIVISION OF THE LANDS OF DWF IV NLP II AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED JUNE 30, 2015 AS INSTRUMENT NO. 2015-O016794, OFFICIAL RECORDS OF NAPA
COUNTY, BEING THE DESIGNATED REMAINDER AS SHOWN ON THAT CERTAIN PARCEL MAP OF NAPA LOGISTICS PARK PHASE 1, FILED FOR RECORD ON JUNE 19. 2015, IN BOOK 27 OF PARCEL MAPS. AT PAGES 26-29, OFFICIAL RECORDS OF NAPA COUNTY. CONTAINING 135,40 ACRES OF LAND, MORE OR LESS.
APN = 057-090-083-000
CITY OF AMERICAN CANYON - NAPA COUNTY - CALIFORNIA
DECEMBER 2018
KIER & WRIGHT
CIVIL ENGINEERS & SURVEYORS, INC.
2850 Collier Canyon Road Phone (925) 245-8788
Livermore, California 94551 Fax (925) 245-8796
www.kierwright.com
JOB: NO. A13631-17 SHEET 3 OF 4 SHEETS
250
!LOT 4
I
I
.62.11’
I
I
I
L
/
/
/ R=50.O0’
/ D=99’36’07""’-~
[ L=86.92’~
I R=569.00’
~ D=ir30’05"
~,:
\ \
230.91’(M)(R1)
~., FD. I" I.P.-
LS 8654 (RI)
B’E
FD. I" I.P, 18.80’(M)(R1)
LS 865~ (RI)’
I R=75.00’
~ D
I \ 70.O0’(T) 20’ TEMPORARY L=58.90’(M)(R1) ~ PUBLIC S.S.E. / DETAIL "D"
SCALE: 1"-60’
1. SEE SHEET 2 FOR NOTES.
.............. BOONE DRIVE
DEDICATION
SEE DETAIL "C"
R=358.00’
L=185.60’(M)(R1)
...................... LOT. 1 ....
"B" 58.03± ACRES
ABOVE PUBLIC S.D.E. PER
INST, NO. 2013-0034594
P.U.E.
LANDS OF GJOVANNONI
1839 O.R. 474
DEVLIN ROAD DEDICATION
LOT 2
37.21+ ACRES
SEE SHEET 3
41.00’
II
629.96’
5’ P.U.E. (RI)
R=324.00’
L=167.97’
PARCEL 1
27 PM 2~-29
NOT A
PART OF
THIS
-SUBDIVISION
~@
LOT ,3
........... 1;74+ ACRES.. ~ _
S89"19’11"E 1117.13’
SEE DETAIL "C" ABOVE
FOR LOT 3
AND DEDICATION "B"
723.25’
DETAIL
SCALE: 1" -100’.
L7
N8919’11"W 693.55’
L6
.- S.~89"19’11"E 724.92’
LINE TABLE
UNE # DIREC’nON
$87"07’37"E
$87"07’37"E
$89"19’11"E
$83"01’43"E
$89’24’37"E
$89’19’11"E
$89’19’1!"E
LENGTH
112.32’
34.00’
117.91’
!8.06’
88.33’
102,00’
138.15’
CU RVE TABLE
~._.I.,..
s
0"40’49"w
70.93’
L5
~6... C10 q,,’~’~.~ R-400 ~’
D=26~8’41"~
~ = ~- , L=183.69’/
.....
$8919’11"E 643.79’
LINE TABLE
UNE # DIREC’IION LENGTH
L8 $89"19’11"E 97.00’
L9 $73"16’34"E 78.62’
L10 N89"59’57"W 122.10’
Lll $8812’17"W 127.71’
L12 N 89"59’57"W 9.73’
L13 $89"59’57"E 114.55’
L14 N0"00’02"E 99.91’
CU RVE TABLE
SYMBOLS AND
¯ FOUND 1" IRON PIPE LS 8654.
0 SET 1" IRON PIPE LS 8654.
@ FOUND WELL MONUMENT
© SET WELL MONUMENT
CL CENTER LINE
FD FOUND
I.P. IRON PIPE
O.R. OFFICIAL RECORDS
d ,
CURVE # RADIUS DELTA LENGTH CURVE # RADIUS DELTA
C2 569.00’ 11"30’05" 114.22’ C12 186.00’ 20’5#’17"
C3 100.00’ ’16"05’56" 2~.10’ C13 50.00’ 53’39’13"
C4 104.00’ 16’05’58" 29.22’ C14 100.00’ 11"20’28"
C5 437.00’ 1#’21’19" 109.49’ C15 104.00’ 18"04’27"
C6 60.00’ 21’57’51" 23.00’ C16 100.00’ 17"04’57"
C7 64.00’ 21’57’52" 24.53’ C17 104.00’ 17’04’57"
C8 104.00’ 17’07’51" 31.10’ C18 104.00’ 17"04’57"
C9 100.00’ 17’04’57" 29.81’ C19 100.00’ 17"04’57"
C10 430.00’ 6’1T28" #7.21’ C20 100.00’ 17’04’57"
Cll t36.00’ 54’18’13" 128.90’ C21 104.00’ 17’04’57"
100’ 200"
Scale I" = 200"
CENTER LINE
PROPOSED EASEMENT LINE
EXISTING EASEMENT LINE
SUBDIVISION BOUNDARY
CITY JURISDICTION AND SUBDIVISION BOUNDARY
CITY JURISDICTION
LOT LINES
ABBREVIATIONS:
R/W
SFNF
S.D.E.
S.S.E.
(T)
W.LE.
CURVE TABLE
LENGTH CURVE # RADIUS DELTA LENGTH
67.86’ C22 10#.00’ 16"2,.3’10" 29.74’ CURVE
"46.82’ C23 100,00’ 18"54’0(~" .32.99’ C32
19.79’ 024 842.00’ 9"52’14" 145.05’ 0.33
32.81’ C25 842.00’ 1’58’34" 29.04’
29.81’ C26 842.00’ 7’53’40" 116.01’ C35
51.01’ C27 60.00’ 23’47’#1" 2#.92’ C36
31.01’ C28 64.00’ 20"25’54" 22.82’ C37
29,81’ C29 833,00’ 0"28’21 " 6.87’ C38
29.81’ C30 104.00’ 18"04’48" 32.82’ C39
31.01’ C31 100.00’ 1#’49’13" 25.87’
400"
MEASURED DISTANCE
MONUMENT TO MONUMENT
RIGHT OF WAY
SEARCHED FOR NOT FOUND
STORM DRAIN EASEMENT
SANITARY SEWER EASEMENT
TOTAL
WATER LINE EASEMENT
CURVE TABLE
RADIUS DELTA
563.00’ 13’27’49"
100.00’ 16"46’00"
104.00’ 17"58’44"
1567.00’ 0"35’02"
1481.00’ 1"47’46"
104.00’ 17"04’57"
100.00’ 17’04’57"
45.00’ 90’00’00"
LENGTH
132.30’
29.26’
32.63’
15,97’
46.43’
31,01’
29.81’
70.69’
R=524.00’
L=125.29’
6’ P.U.E.
R=558.00’ --
D=I
L=133.42’(M)(RI)
134.45’(M)(R1)
S1843’ 9"E
(T)CM)(RI)
N18"13’49"W 100.;
C13’
Im .~/4 I’p [ P.U.E. PER D0C. NO.-
h’~’,;,,’A ~;;~ I 201~-00~,~59~ O.R.
i ......
v,-~
) S66"13’20"W 103.02’
I S871~7’37"E--~
I 4! 4.75’
PARCEL M AP
NAPA LOGISTICS PARK PHASE 2
.BEING A FOUR (#) LOT SUBDIVISION OF THE LANDS OF DWF IV NLP II AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED JUNE 30, 2015 AS INSTRUMENT NO. 2015-001679~, OFFICIAL RECORDS OF NAPA
COUNTY, BEING THE DESIGNATED REMAINDER AS SHOWN ON THAT CERTAIN PARCEL MAP OF NAPA LOGISTICS N42"36’38"W
PARK PHASE 1, FILED FOR RECORD ON JUNE 19, 2015, IN BOOK 27 OF PARCEL MAPS, AT PAGES 26-29, " OFFICIAL RECORDS OF NAPA COUNTY. CONTAINING 135.~0 ACRES OF LAND, MORE OR LESS.
R=290.00’ 134.45’
L=123.40’(M)(R1) R=324.00’
N61’05’20"E---~
L=137.87’ 41.32’ (R1)
CITY OF
L=198.05 (RI)
3-1/2" BRASS
STAMPED LS 8585 (RI)
~EVUN ROAD 1"-~R/w ~20_13-0034592 O.R. / R=770.0,0.’
’ "~D 29"35 35"
L=58.09 (R1) LANDS OF GIOVANNON]
1997-O18814 O.R.
SEE DETAIL "D" ABOVE
APN = 057-090-083-000
AMERICAN CANYON - NAPA COUNTY
DECEMBER 2018
KIER & WRIGHT
~
CIVIL ENGINEERS & SURVEYORS, INC,
2850 Collier Canyon Road Phone (925) 245-8788
Livermore, California 9455] Fax (925) 245-8796
www.kierwright.com
- CALIFORNIA
JOB: NO. A13631-17 SHEET 4 OF 4 SHEETS
251
OF
HWY 29 POST MILE 2.3 TO POST MILE 5.0,
STREET IMPROVEMENT PLANS
VICINITY MAP
R
Callbefore you dig.
Know what's below.
SHEET INDEX
SHEET DESCRIPTION
CIVIL
C1.0 COVER SHEET
C2.0 NOTES
C3.0 DETAILS
C4.0 HWY 29 - STA 180+50 TO STA 200+00
C5.0 SOUTH KELLY ROAD - STA 6+00 TO 11+00
C6.0 SIGNING AND STRIPING
C7.0 EROSION CONTROL PLAN
KEY MAP
JULY, 2021
OF 7 SHEETS
SHEET
DATE
SCALE
DESIGNER
JOB NO. A13631-32 NO. REVISION BY IMPROVEMENT PLANS HIGHWAY 29
KASAMERICAN CANYON, CALIFORNIA
CALTRANS SUBMITTAL 07/08/2021 JAM
2850 Collier Canyon Road
Livermore, CA 94551
Phone: (925) 245-8788
www.kierwright.com
07/08/2021 COVER SHEET
C1.0
AS SHOWN
N
SITE
AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
JULY, 2021
UTILTIY PROVIDERS
BASIS OF BEARINGS
PROJECT BENCH MARK
LEGEND
ABBREVIATIONS
HIGHWAY 29
NORTH
HIGHWAY 29
S. KELLY ROAD
EXHIBIT C Page 1 of 23
252
NOTES
C2.0
AS SHOWN
JULY, 2021
OF 7 SHEETS
SHEET
DATE
SCALE
DESIGNER
JOB NO. A13631-32 NO. REVISION BY IMPROVEMENT PLANS HIGHWAY 29
KASAMERICAN CANYON, CALIFORNIA
CALTRANS SUBMITTAL 07/08/2021 JAM
2850 Collier Canyon Road
Livermore, CA 94551
Phone: (925) 245-8788
www.kierwright.com
07/08/2021
CITY OF AMERICAN CANYON
CONSTRUCTION NOTES: NOTES -GEOTECHINCAL REPORT
DUST ABATEMENT NOTES:
KIER & WRIGHT GENERAL NOTES
GRADING NOTES
EROSION AND SEDIMENT CONTROL MEASURES
CALTRANS GENERAL NOTES ’ CULTURAL RESOURCE NOTES:
EXHIBIT C