Agenda packet — American Canyon City Council, February 21, 2023 (part 17 of 20)

MM BIO-1b has been amended to include additional buffering measures for the Golden Eagle and minimum credential for biologists conducting surveys.

MM BIO-1b: No more than 30 days prior to the first ground disturbance activity, pre-construction golden eagle nesting surveys shall be conducted in the project vicinity by a qualified Raptor Biologist. The qualified Raptor Biologist shall have a minimum of a 4- year college degree in wildlife biology or related environmental science, at least 2 years conducting wildlife surveys, and a familiarity with golden eagle and its local ecology. at least 2 years of experience surveying for and detecting nesting golden eagles. Preconstruction surveys shall include investigation of all potential nesting trees within a survey area determined by the qualified Raptor Biologist, but no less than a 1 0.5- mile radius around all project activities. If active golden eagle nests are identified within any trees within the survey areas a 1 0.5-mile radius of the project site, a qualified Raptor Biologist shall establish a protection buffer at a minimum of approximately 1 mile 1,000 feet that is adequate to ensure noise or activity from the proposed project would not cause nest disturbance of or young or adult bird mortality. Buffer zones may vary in size as some golden eagles are more acclimated to disturbance than others. Size of buffer zone may be increased modified by the qualified Raptor Biologist considering the type of construction activity that may occur and the behavioral factors and extent that golden eagle may have acclimated to disturbance. No construction or earthmoving activity shall occur within the established buffer zone until it is determined by a qualified Raptor Biologist that the young golden eagles have fledged or that the nesting cycle is complete based on monitoring of the active nest by the qualified Biologist.

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MM BIO-2 has been amended to include additional buffering measures for wetlands developed near the utility pipeline alignment.
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City of American Canyon—Giovannoni Logistics Center Project Errata Final EIR–Volume 2
4-10 FirstCarbon Solutions https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5460/54600001/EIR/4 - Final EIR - Vol II/54600001 Sec04-00 Errata.docx MM BIO-2 To offset the loss of the 0.496 acre of seasonal wetland impacts from Phase 1, and

2.57 acres of seasonal wetlands and 1.13 acres of vernal pools from Phase 2, and to ensure there is no-net loss of wetland area, the applicant shall establish/create

0.992 acre of palustrine emergent wetlands (2:1 ratio) for Phase 1 concurrent with project construction, and 2.57 acres of seasonal wetlands (1:1 ratio) and 1.13 acres of vernal pool wetlands (1:1 ratio) for Phase 2 at least 1 year prior to the start of Phase 2 construction, on the 45-acre Wetland Preserve. The established/created wetlands will be constructed a minimum of 20 feet from the Napa Logistics Park sewer and recycled water pipeline easement or unpaved access road associated with the easement. The established/created wetlands shall be monitored for a minimum of 5 years to ensure the wetlands meet the USACE’s and RWQCB’s definition of a wetland.

Pages 3.3-34 through 3.3-37, Performance Standards
The performance standards for MM BIO 3d have been amended.

Performance Standards
Performance Standards shall include at a minimum the following:

Years 1, 2, 3, 4 and 5 Performance Standards for Wetland Hydrology Each year wetland hydrology shall be measured during the winter when surface and/or subsurface hydrology would be observable. A minimum of 1 data point shall be taken in each of the established/created wetlands. In addition, wetland hydrologic indicators shall be recorded each spring during the vegetation monitoring period.

Year 1:

Performance standard would be met for Year 1-5 if:
• The created wetlands remain inundated to a minimum depth of 0.5 inch or greater for at least 7 days and/or saturated for at least 14 days and/or at least one primary or two secondary wetland hydrology indicators listed in the Arid West Region Wetland Determination Data Forms are recorded.

Contingency Measures:

If the annual performance standard is not being met for any given monitoring year the Permittee shall prepare an analysis of the cause(s) of failure and, if determined necessary, implement remedial action. If the Plan Area has not met the performance standard, the Permittee’s maintenance and monitoring obligations shall continue until the RWQCB and USACE give final project confirmation.

Remedial action may include re-grading to achieve wetland hydrology, which would improve hydric soil formation.
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City of American Canyon—Giovannoni Logistics Center Project Final EIR–Volume 2 Errata
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Each year during the spring or early summer wetland vegetation cover shall be measured by conducting a site visit and recording absolute cover and dominant plant species observed within the wetland buffer area. A minimum of 1 data point shall be taken in each of the established/created wetlands. The colonization of wetland vegetation shall be measured by determining overall absolute plant cover values each year. This shall be accomplished by measuring absolute cover values within a 5-foot radius sample plot every 50 feet along a transect through each established/created wetland. In addition, to monitor for invasive plant species within the uplands which are not detected in the baseline survey, a minimum of three 5-foot radius sample plots on the east side and three on the west side will be placed at random upland locations along a linear transect east to west within the Wetland Preserve.

During Year 4 and 5 the managed landscaped areas within the development will be visually surveyed for evidence of invasive plant species. Performance Standards for each monitoring year are listed below.

Year 1:

Performance standard would be metfor Year 1 if:
• At least one hydrophytic plantspecies colonizesthe established/created seasonal wetlands and vernal pools; and
• The average absolute cover of wetland vegetation within an established/created seasonal wetlands and vernal pools is 5 percent or greater.

Year 2:

Performance standard would be metfor Year 2 if:
• At least one hydrophytic plantspecies colonizesthe established/created seasonal wetlands and vernal pools; and
• The average absolute cover of wetland vegetation within an established/created seasonal wetlands and vernal pools is 10 percent or greater.

Year 3:

Performance standard would be metfor Year 3 if:
• Atleast two hydrophytic plantspecies colonizesthe established/created seasonal wetlands;
• At least two native hydrophytic plantspecies colonizes the established/created vernal pools and at least one is a vernal pool habitat indicator species; and • The average absolute cover of wetland vegetation within an established/created seasonal wetlands and vernal pools is 20 percent or greater and comprised of native and naturalized species.
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Performance standard would be metfor Year 4 if:
• Atleast two hydrophytic plantspecies colonize the established/created seasonal wetlands.
• At least two native hydrophytic plantspecies colonizes the established/created vernal pools and at least one is a vernal pool habitat indicator species. • The average absolute cover of wetland vegetation within an established/created seasonal wetland and vernal pool is 30 percent or greater.
• To meet the wetland performance standard invasive plantspecies within the wetlands shall not comprise greater than 5 percent of the total absolute cover. To meet the upland performance standard, invasive plant species, which currently are not supported in the uplands within the Wetland Preserve, shall not comprise greater than 5 percent of the total absolute cover. Invasive plants shall be defined as species rated as “High” by California Invasive Plant Council (Cal-IPC) and species on the ”Alert” or “Watch” list with a High rating.
• The managed landscaped areas within the development will be visually surveyed for evidence of invasive plant species. To meet the managed landscape performance standard, invasive plant species, which currently are not supported in the uplands within the Wetland Preserve, shall not comprise greater than 5 percent of the total absolute cover. Invasive plants shall be defined as species rated as “High” by California Invasive Plant Council (Cal-IPC) and species on the ”Alert” or “Watch” list with a High rating.

Year 5:

Performance standard would be metfor Year 5 if:
• At least two hydrophytic plantspecies documented during the CRAM assessment for the palustrine emergent wetlands impacted on the Phase 1 project site colonize the established/created seasonal wetlands.
• At least two native vernal pool habitat indicator species documented during the CRAM assessment for the vernal pool on the Phase 2 project site colonizes the established/created vernal pools.
• The average absolute cover of wetland vegetation within the established/created seasonal wetland (non-vernal pool wetlands) is 40 percent or greater; and the average absolute cover of wetland vegetation within the established/created vernal poolsis 40 percent or greater of which greater than 50 percent of the vegetation cover consists of two or more dominate native vernal pool habitat indicator plants. • To meet the wetland performance standard invasive plant species within the wetlands shall not comprise greater than 5 percent of the total absolute cover. To meet the upland performance standard, invasive plant species, which currently are not supported in the uplands, within the Wetland Preserve shall not comprise greater than 5 percent of the total absolute cover. Invasive plants shall be defined as species rated as “High” by California Invasive Plant Council (Cal-IPC) and species on the ”Alert” or “Watch” list with a High rating.
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City of American Canyon—Giovannoni Logistics Center Project Final EIR–Volume 2 Errata
FirstCarbon Solutions 4-13 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5460/54600001/EIR/4 - Final EIR - Vol II/54600001 Sec04-00 Errata.docx • The managed landscaped areas within the development will be visually surveyed for evidence of invasive plant species. To meet the managed landscape performance standard, invasive plant species, which currently are not supported in the uplands within the Wetland Preserve, shall not comprise greater than 5 percent of the total absolute cover. Invasive plants shall be defined as species rated as “High” by California Invasive Plant Council (Cal-IPC) and species on the ”Alert” or “Watch” list with a High rating.

Contingency Measures:

If the annual performance standard is not being met for any given monitoring year the Permittee shall prepare an analysis of the cause(s) of failure and, if determined necessary, implement remedial action. Remedial action may include hydroseeding with native species, or addition of supplemental topsoil or mulch to promote growth, control of invasive using mechanical equipment, grazing animals.

Year 5 No-Net-Loss Performance Standard for Phase 1 Impacts Performance standard would be met for Year 5 when;
• A wetland delineation is performed and verified by the USACE and confirms a minimum of 0.992 acre of wetlands have been established/created within the Wetland Preserve.

Year 5 No-Net-Loss Performance Standard for Phase 2 Impacts The Phase 2 no-net-loss performance standard would be measured when an application for the Phase 2 project is submitted to the RWQCB and USACE, and the Phase 2 project is approved. Once Phase 2 has been approved by the RWQCB and USACE, this performance standard may be modified depending on the level of wetland impacts authorized by the RWQCB and USACE, meaning this performance standard may decrease if the wetlands impacted for Phase 1 are less than 3.7 acres.

Performance standard would be met for Year 5 when;
• A wetland delineation is performed and verified by the USACE and confirms a minimum of 2.57 acres ofseasonal wetland and 1.13 acres of vernal pools have been established/created within the Wetland Preserve.

Year 5 Long-Term Protection and Long-Term Funding
Performance standard would be met for Year 5 once:
• The Wetland Preserve has been placed under a conservation easement; and • A long-term financing mechanism (e.g., non-wasting endowment, trusts, contractual arrangement etc.) to fund implementation of the long-term management of the Wetland Preserve has been secured.

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MM BIO-4 has been amended to include additional buffering measures for nesting birds. 3318
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4-14 FirstCarbon Solutions https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5460/54600001/EIR/4 - Final EIR - Vol II/54600001 Sec04-00 Errata.docx MM BIO-4 If construction occurs during the breeding season of migratory and resident birds (February 1 to August 31), a qualified Biologist shall conduct a pre-construction breeding bird survey in areas of suitable habitat within 7 days prior to the onset of construction activity. Surveys shall be conducted within the project footprint and 100 50 feet from the construction limits for nesting passerines, 250 feet from the construction limits for nesting accipiters and a minimum of 500 1,000 feet from the construction limits for nesting raptors. If the survey area is found to be absent of nesting birds, no further mitigation would be required. However, if construction activities are delayed by more than 7 days, an additional nesting bird survey shall be performed. If bird nests are found, appropriate buffer zones shall be established around all active nests to protect nesting adults and their young from direct or indirect impacts related to project construction disturbance. Size of buffer zones shall be determined per recommendations of the qualified Biologist based on-site conditions and species involved, but typical buffers around active nests are 500 feet for large raptors such as buteos, 250 feet for small raptors such as accipiters, and 100 feet for passerines (songbirds) and other bird species. For special status species, a 0.25-mile At a minimum a 1,000-foot buffer shall be established for nesting Swainson’s hawk; 1 mile for and golden eagle; and a 500-foot buffer for nesting tricolored blackbirds, northern harriers and other non-listed raptors; 250-foot buffer for nesting accipiters; and minimum 50-foot buffers shall be established for nesting passerines and all other non-raptor or passerine nesting birds. If an active nest is located outside of the project site, the buffer shall be extended onto the project site and demarcated where it intersects the project site. Buffer zones shall be maintained until it can be documented that either the nest has failed, or the young have fledged.

Pages 3.9-38 and 3.39, General Plan Policy 8.3.2
The consistency analysis with General Plan Policy 8.3.2 has been amended to reflect that there is no riparian habitat within the project site.

Policy 8.3.2 Prohibit development and grading that
alters the biological integrity of the
Riparian Corridors as depicted on the
Biological Habitats Map, unless no feasible
alternative exists or the damaged habitat
is replaced with habitat of equivalent
value.

Development that is permitted within
Riparian Corridors shall:
a. minimize removal of vegetation,
erosion, sedimentation and runoff by
appropriate protection or vegetation
and landscape;
b. provide for sufficient passage of native
and anadromous fish;
Consistent: Policy 8.3.2 is not implicated
by the project, as the project site
contains no riparian vegetation or
habitat. The herbaceous vegetation
(non-woody plants such as grasses,
flowering plants etc.) next to No Name
Creek does not constitute what is
considered riparian vegetation for the
purpose of local, state and federal
regulations. As defined by the California
Department of Fish and Wildlife,
“Riparian Vegetation” is vegetation
composed primarily of woody
hydrophytes, such as willows, alders,
cottonwoods, sycamores, box elders,
aspens etc. The definition does not
include upland herbaceous vegetations,
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City of American Canyon—Giovannoni Logistics Center Project Final EIR–Volume 2 Errata
FirstCarbon Solutions 4-15 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5460/54600001/EIR/4 - Final EIR - Vol II/54600001 Sec04-00 Errata.docx c. minimize wastewater discharges and
entrapment;
d. prevent ground water depletion or
substantial interference with surface
and subsurface flows;
e. provide for natural vegetation buffers;
f. minimize the channelization of streams
and other watercourses;
g. provide for the enhancement of riparian
corridors.
which is found throughout the entire
project site. A segment of No Name
Creek is located within the proposed
Wetland Preserve. For those riparian
areas located where development is
proposed, mitigation is proposed
requiring any impacted riparian areas to
be offset through restoration of
comparable habitat within the Wetland
Preserve. The features impacted by the
project cannot be avoided due to their
location; however, their loss would be
offset through the creation of
compensatory features in the preserve.
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Appendix M:

Utility Alignment Documents
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M.1 - Exhibit 2-9a Western Offsite Utility Alignment
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31480007 • 09/2015 | 2-9a_u tility.m xd
Exh ibit 2-9a
Western Offsite Utility Alig nm ent
S ou rce: ES RI Im ag ery
CITY OF AMERICAN CANYON • NAPA LOGIS TICS PARK PHAS E 2 PROJECT

ENVIRONMENTAL IMPACT REPORT
No Name Creek
Bore and jack u nder
No Nam e Creek
North western PacificRailroad
Green IslandRd
Com
m erceBvl d
Green Island Road S anitary
S ewer Pu m p S tation
Bore and jack u nder
railroad tracks
Connect recycled water line to
existing 12-inch diam eter recycled line
Connect sewer line to pu m p station
Connect recycled water line to
fu tu re12-inch diam eter recycled line
in Devlin Rd
Connect sanitary sewer line to
fu tu re12-inch diam eter sanitary sewer line
in Devlin Rd
I 400 200 0 400
Feet
Legend
Project Bou ndary
Co-located 12-inch Recycled
Water and S anitary S ewer Lines
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M.2 - Napa Logistics MMRP
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www.FirstCarbonSolutions.com
Mitigation Monitoring and Reporting Program
for the
Napa Logistics Park Phase 2 Project
Draft Environmental Impact Report
City of American Canyon, Napa County, California
State Clearinghouse No. 2014082033
Prepared for:

City of American Canyon
4381 Broadway Street, Suite 201
American Canyon, CA 94503
707.647.5345
Contact: Colette Meunier, Consulting Project Planner
Prepared by:

FirstCarbon Solutions
1350 Treat Boulevard, Suite 380
Walnut Creek, CA 94597
925.357.2562
Contact: Jason Brandman, Project Director
Grant Gruber, Project Manager
Date: December 4, 2015
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City of American Canyon – Napa Logistics Park Phase 2 Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 1 https://adecinnovations.sharepoint.com/sites/ESSite/Shared Documents/ES/Active Projects/3148 City of American Canyon/0007 Napa Logistics Park Phase II/EIR/5 - Final EIR/EIR/31480007 Napa Logistics MMRP.docx Table 1: Napa Logistics Park Phase 2 Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
Section 3.1 – Aesthetics, Light, and Glare
MM AES-2: 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.

Approval of plan Prior to issuance of
building permits
City of American
Canyon
Section 3.2 – Air Quality/Greenhouse Gas Emissions
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 offsite 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 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.

Notes on construction
plans; Site inspection
During construction
activities
City of American
Canyon
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• 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 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 Bay Area Air Quality Management District’s phone number shall also be visible to ensure compliance with applicable regulations.

MM AIR-3a: During onsite 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.

Notes on construction
plans; Site inspection
During onsite
construction
activities
City of American
Canyon
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City of American Canyon – Napa Logistics Park Phase 2 Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 3 https://adecinnovations.sharepoint.com/sites/ESSite/Shared Documents/ES/Active Projects/3148 City of American Canyon/0007 Napa Logistics Park Phase II/EIR/5 - Final EIR/EIR/31480007 Napa Logistics MMRP.docx Table 1 (cont.): Napa Logistics Park Phase 2 Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
MM AIR-3b: Prior to issuance of the final certificate of occupancy for each building, the following measures to reduce emissions from onsite heavy duty trucks shall be implemented:
a) Post signs in all loading/unloading areas informing truck drivers California Air Resources Board (CARB) diesel antiidling regulations. The signs shall include telephone numbers of the building facilities manager and the CARB to report violations.
b) Require facility management to be trained in CARB antiidling 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.

Site inspection Prior to issuance of
the final certificate
of occupancy for
each building
City of American
Canyon
Section 3.3 –Biological Resources
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 Submittal of
documentation
Prior to any
vegetation removal
or ground
disturbing activities
in the off-site
development areas
City of American
Canyon
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City of American Canyon – Napa Logistics Park Phase 2 Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 4 https://adecinnovations.sharepoint.com/sites/ESSite/Shared Documents/ES/Active Projects/3148 City of American Canyon/0007 Napa Logistics Park Phase II/EIR/5 - Final EIR/EIR/31480007 Napa Logistics MMRP.docx Table 1 (cont.): Napa Logistics Park Phase 2 Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
not have any impacts to the species and no additional
mitigation measures are necessary. If any of the specialstatus 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 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 USFWS or CDFW, as applicable, based on site-specific conditions.
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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 USFWS or CDFW, as applicable, to prepare a special-status plant mitigation and monitoring plan to determine feasible impact minimization and mitigation for those special status plants, which may include but are not limited to elements as
applicable to the species, based on the project impacts, and as modified by the resource agencies:
• 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
Submittal of
documentation
Prior to any
vegetation removal
or ground
disturbing activities
in the off-site
development areas
City of American
Canyon; United
States Fish and
Wildlife Service;
California
Department of Fish
and Wildlife
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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 project. 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 Mitigation Measure BIO-1b is insufficient to mitigate for the loss of special status plants, the applicant shall instead implement Mitigation Measure BIO-1d.

MM BIO-1c: If special status plants are found on-site and Mitigation Measure BIO-1b is implemented, the Applicant shall design and implement a monitoring program as part of the special-status 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
Submittal of
documentation
Prior to any
vegetation removal
or ground
disturbing activities
in the off-site
development areas
City of American
Canyon; United
States Fish and
Wildlife Service;
California
Department of Fish
and Wildlife
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Verification of Completion
Date Initial
implement remedial measures 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 USFWS or CDFW as applicable.

MM BIO-1d: In lieu of on-site mitigation pursuant to
Mitigation Measure BIO-1b and Mitigation Measure 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 off-site 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.

Verification of purchase
of credits
Prior to any
vegetation removal
or ground
disturbing activities
in the off-site
development areas
City of American
Canyon
3338
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Date Initial
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 (1/4 mile) of the project site, impacts to nesting Swainson’s hawks would be regarded as significant pursuant to the CEQA, 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 Notes on construction
plans; Submittal of
documentation; Site
inspection
Prior to project
initiation; During
construction
activities (if
Swainson’s hawks
are found to be
nesting within
1,320 feet of the
project site)
City of American
Canyon; California
Department of Fish
and Wildlife
3339
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1,320 feet (1/4 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.

CDFW shall be consulted regarding the qualified raptor
biologists’ recommendations for an appropriate nondisturbance 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 3340
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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.

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 Notes on construction
plans; Submittal of
documentation; Site
inspection
Prior to ground
disturbance during
the nesting season
(February 1 to
September 1);
During construction
activities (if nesting
raptors and birds
are found to be
nesting within the
project site)
City of American
Canyon; California
Department of Fish
and Wildlife
3341
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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 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 earth-moving activity shall occur 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 project.

Notes on construction
plans; Submittal of
documentation; Site
inspection
Prior to ground
disturbance during
the nesting season
(February 1 to
September 1);
During construction
activities (if nesting
birds are found to
be nesting within
the project site)
City of American
Canyon; California
Department of Fish
and Wildlife
MM BIO-4a: Prior to issuance of grading permits, the project applicant shall obtain all requisite approvals and permits from the USACE and 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.

Submittal of
documentation
Prior to issuance of
grading permits
City of American
Canyon
3342
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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.

Notes on construction
plans; Site inspection
Prior to and during
off-site construction
activities
City of American
Canyon
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 California Department of Fish and Wildlife (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.

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
Submittal of
documentation
Prior to issuance of
grading permits
City of American
Canyon
3343
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reports shall be submitted to CDFW and the City of American Canyon.

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.

Notes on construction
plans; Submittal of
documentation; Site
inspection
Prior to the
issuance of
construction
permits for the offsite utilities
City of American
Canyon
3344
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Verification of Completion
Date Initial
Section 3.4 –Cultural Resources
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 flakedstone 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, Notes on construction
plans; Submittal of
documentation; Site
inspection
During ground
disturbing activities
City of American
Canyon
3345
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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 Project. 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-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 work to continue, or recommend salvage and recovery of the fossil. The
paleontologist shall, if required, propose modifications to the stop-work radius based on the nature of the find, site
geology, and the activities occurring on the site. If treatment and salvage is required, recommendations will be consistent with Society of Vertebrate Paleontology 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.

Notes on construction
plans; Submittal of
documentation; Site
inspection
During ground
disturbing activities
City of American
Canyon;
American Canyon
Fire Protection
District
3346
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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 Section 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 Section 15064.5(d)].

Notes on construction
plans; Submittal of
documentation; Site
inspection
During ground
disturbing activities
City of American
Canyon; Napa
County Coroner
Section 3.5 – Geology, Soils, and Seismicity
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. 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.

Approval of study and
plans
Prior to the issuance
of the first
construction permit
City of American
Canyon
3347
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MM GEO-1b: Prior to the issuance of building permits for each structure, the project applicant shall submit a designlevel 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 construction-related permits.

Approval of plans Prior to the
issuance of building
permits for each
structure
City of American
Canyon
Section 3.6 – Hazards and Hazardous Materials
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.

Notes on construction
plans; Submittal of
documentation
Prior to
construction
City of American
Canyon
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 to determine the guidelines and regulations applicable to the operations. If required, tenants shall prepare a Risk Management Plan
consistent with CalARP prior to undertaking any storage or use of acutely hazardous materials.

Approval of plan Prior to issuance of
the certificate of
occupancy for any
uses that involve
the storage or use
of acutely
hazardous materials
City of American
Canyon
3348
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Date Initial
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.

Notes on construction
plans; Submittal of
documentation; Site
inspection
During construction
and operations
City of American
Canyon
Section 3.7 – Hydrology and Water Quality
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 Stormwater 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 permit, all non-stormwater discharges are identified and either eliminated, controlled, or treated; (3) site best management practices (BMPs) are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non-stormwater
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 Approval of plan; Notes
on construction plans;
Site inspection
Prior to issuance of
grading permits
City of American
Canyon
3349
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Stormwater Quality Association 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.

Approval of plan Prior to issuance of
building permits
City of American
Canyon
3350
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Section 3.8 – Land Use
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 guidance for wildlife
management and provide recommendations for the design
and operation of the landscaping and storm water 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 storm water
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 for review by an FAA-qualified
Wildlife Hazard Damage Biologist to confirm that the
proposed landscaping will be consistent with airport
operations.

Approval of plan Prior to issuance of
the first building
permit
City of American
Canyon
3351
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• 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.

Section 3.9 – Noise
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 a.m. to 7 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).

Notes on construction
plans; Site inspection
During construction
activities
City of American
Canyon
3352
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• 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.

Section 3.10 – Public Services and Utilities
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.

Approval of plan Prior to issuance of
building permits
City of American
Canyon
3353
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Date Initial
Section 3.11 – Transportation
MM TRANS-1a: 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. to 9:00 a.m. or 3:00 p.m. to 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.

Approval of TDM
program
Prior to the
issuance of the first
building permit
City of American
Canyon
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Date Initial
• 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 ongoing 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 Mitigation Measure TRANS-1b.
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MM TRANS-1b: If at any point the City determines the TDM program established as part of the Mitigation Measure
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 Mitigation Measure TRANS-1c. This
mitigation measure shall be incorporated into the TDM
agreement required as part of MM TRANS-1a.

Routine monitoring;
receipt of fees
During operation of
the proposed
project
City of American
Canyon
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.

Receipt of fees Prior to issuance of
building permits
City of American
Canyon
3356
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Verification
Verification of Completion
Date Initial
MM TRANS-1d: Prior to issuance of the first certificate of occupancy for the proposed project, the project applicant shall construct the following improvements along South Kelly Road, or, at the sole discretion of the City, enter into an offsite improvement agreement and prove an acceptable financial guarantee ensuring that these improvements will be completed:
(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: None
- 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.

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 Acceptance of
improvements
Prior to issuance of
the first certificate
of occupancy
City of American
Canyon; California
Department of
Transportation;
County of Napa
3357
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Verification
Verification of Completion
Date Initial
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 improvements represent
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.

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
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Verification
Verification of Completion
Date Initial
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.)”
The SR-12-29/SR221-Soscol Ferry Road Flyover Ramp is
currently estimated at $40 million according to the Draft Environmental Impact Report (dated March 2015).

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 3rd 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
Receipt of fees Prior to issuance of
the first
construction permit
for each building
City of American
Canyon; California
Department of
Transportation;
County of Napa
3359
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Date Initial
transferring the funds for this mitigation measures to be feasible.

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.

Receipt of fees Prior to issuance of
the first
construction permit
City of American
Canyon; California
Department of
Transportation;
County of Napa
3360
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Verification
Verification of Completion
Date Initial
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 left-turn 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 Mitigation Measure TRANS-1d.

Acceptance of
improvements
Prior to issuance of
the first certificate
of occupancy for
the proposed
project or when
monitoring
determines that it is
warranted
City of American
Canyon; County of
Napa; California
Department of
Transportation
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.

Approval of plan Prior to issuance of
building permits
City of American
Canyon
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.

Approval of plan Prior to issuance of
building permits
City of American
Canyon
3361
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Verification
Verification of Completion
Date Initial
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.

Approval of plan Prior to
commencement of
any construction
activities
City of American
Canyon
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City of American Canyon—Giovannoni Logistics Center Project Final EIR–Volume 2
FirstCarbon Solutions
M.3 - Grant of Easement
3364

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3365
Exhibit A
3366
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City of American Canyon—Giovannoni Logistics Center Project Final EIR–Volume 2
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M.4 - Property Acquisition Agreement
3370

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3371

PROPERTY ACQUISITION AGREEMENT
This Property Acquisition Agreement ("Agreement") is entered into by "Right From the Start" ("PROPERTY OWNER"), a California non-profit public benefit Corporation, and the City of American Canyon ("CITY"), a municipal corporation (collectively referred herein as the "PARTIES.")

RECITALS
WHEREAS, in the Memorandum of Understanding ("MOU") between the CITY and the (the Albert D. Giovannoni Tmst ("Trust"), dated Febmary 29,2016, CITY and Tmst agreed to enter into this Agreement to consummate the exchange of property rights and to more fully describe each party's obligations hereunder; and
WHEREAS, PROPERTY OWNER is the successor in interest to the Tmst and is the fee owner of approximately 200 acres of real property (APN's 057-090-008, 057-130-034, and 057-130-036, hereinafter, "Property"), located in American Canyon, Napa County, California, as more specifically depicted in Exhibit A; and
WHEREAS, the CITY's General Plan Circulation Element anticipates a capital project extending Devlin Road south from its CUlTent terminus just north of the Property, across the Property to a new connection at Green Island Road ("Devlin Road Segment H Project" or "Devlin Project") as depicted and described in Exhibit B; and
WHEREAS, the CITY's Capital Improvement Program ("CIP") includes a capital project widening and reconstmcting Green Island Road across the Property's southern frontage ("GIR Project"), which is depicted and described in Exhibit C; and
WHEREAS, the CITY seeks to constmct a new gravity sewer pipeline across the Property in a manner consistent with its 2016 Sewer Master Plan ("Sewer Project"); and WHEREAS, the public interest disfavors constmction of stmctures, pelmanent objects, and/or the planting of trees at or near the ground surface above public utilities because said objects generally obstmct or impede CITY's maintenance activities for these public utilities and to the extent the CITY must incur additional costs to otherwise maintain utility systems in a state of good repair (or replace them altogether), those costs must be borne by the public through the imposition of taxes, service charges, and/or fees; and
WHEREAS, CITY policies and practices that serve the public interest by prohibiting new stmctures, permanent objects, and/or trees at or near the ground surface above public utilities generally act as "no-build encumbrances" ("General Utility Encumbrance") when they are located on private propeliy; and
WHEREAS, CITY Sewer Project would act as a General Utility Encumbrance on the Property; and
WHEREAS, a continuous 20-feet wide easement ("Existing Utility Easement") traverses the Property from the northern property line to the southern propeliy line at a location approximately 1,600 feet west of the Devlin Project; and
1 Exhibit B
3372
WHEREAS, the Existing Utility Easement is "for the purpose of constmction, operation, and maintenance of underground sewer lines, water lines, and appurtenances" (hereinafter, as more specifically described in that certain documents entitled Grant of Easement and filed with the Napa County Recorder as Napa County Document No. 1978-0009644) and said Existing Utility Easement acts as a "20-foot wide no-build encumbrance" on the Property ("Existing Utility Encumbrance"); and WHEREAS, CITY, as successor-in-interest to the American Canyon County Water District, is the exclusive beneficiary of the Existing Utility Easement; and WHEREAS, CITY, as successor-in-interest to the American Canyon County Water District, owns existing sewer utility improvements ("Existing Sewer") traversing the Property in, or within close proximity to the Existing Utility Easement; and
WHEREAS, the 2016 Sewer Master Plan found the Existing Sewer is insufficient to serve future development within its tributary shed area and recommends CITY undettake the Sewer Project to replace the Existing Sewer; and
WHEREAS, the Califomia Department of Conservation has identified an eatthquake fault known as the West Napa Fault on the Property which generally traverses in a north-south manner at a location approximately 1,200 west of the future Devlin Project; and WHEREAS, Public Resources Code section 2621 et seq. ("Alquist-Priolo Act") prohibits consituction of habitable stmctures within 50-ft of known earthquake faults, and thus, the West Napa Fault acts as an irrevocable "l OO-ft wide no-build encumbrance" on the Propetty ("Seismic Encumbrance"); and
WHEREAS, the PARTIES have the mutual interest in reducing and co-locating the various "nobuild encumbrances" (e.g., Existing Utility Encumbrance, General Utility Encumbrance, and Seismic Encumbrance) on the Property by: l) tetminating the Existing Utility Easement; 2) abandoning the Existing Sewer; and 3) constmcting the Sewer Project within a new easement ("Sewer Easement") that is within the Seismic Encumbrance; and
WHEREAS, the PARTIES have the mutual interest in completing the Devin Project and locating new public utilities within the Devlin Road right-of-way; and WHEREAS, the PARTIES have the mutual interest in widening and improving Green Island Road, and relocating public utilities within a Green Island Road public road right-of-way and public utility easement; and
WHEREAS, to avoid damage to the new Devlin Road roadway and the improved Green Island Road roadway in the future, it is in the PARTIES' mutual interest to install utility stubs to serve future development of the Property in conjunction with the Devlin Road Project and the GIR Project; and WHEREAS, the CITY seeks to constmct the Devlin Project, the GIR Project and the Sewer Project as soon as possible.
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NOW, THEREFORE, III valuable consideration thereof the benefits provided herein, the PARTIES agree as follows:

1. CITY Obligation. The CITY shall accomplish the following, at the City's sole cost and expense:
a. Construct the Devlin Road Project, the GIR Project, and the Sewer Project. b. Abandon the Existing Sewer in situ. Notwithstanding the foregoing, should the Existing Sewer be required to be removed at any time, whether for development purposes, the requirements of CITY or another governmental agency, or otherwise, then the CITY - at its sole cost - shall be responsible for the subsequent removal of the abandoned Existing Sewer, which shall be removed within a reasonable period of time following the event or notice triggering such removal. The obligation contained within this Section 1.b shall survive the termination of this Agreement or the Close of Escrow. c. Upon completion of the Sewer Project, the City shall quitclaim to the PROPERTY OWNER the Existing Utility Easement (approximately 35,000 square feet) as described in Section 5 below.
d. Upon request of PROPERTY OWNER in conjunction with development of the Property, the CITY shall quitclaim the Slope Easement as described in Section 2.b below to PROPERTY OWNER.
e. All work perfOlmed under this Agreement by the CITY, or the CITY's agents, contractors and representatives, shall conform to all applicable federal, state and local laws, rules, regulations and ordinances, including building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good workmanlike manner. The CITY's obligation to comply with all applicable laws shall expressly include the obligation to comply with all applicable laws, rules, regulations and ordinances regarding wetlands, which are located on or adjacent to the Property.

2. PROPERTY OWNER Obligations. The PROPERTY OWNER shall accomplish the following transfers of property lights
a. Grant fee title to approximately 188,898 square feet of right-of-way for the Devlin Project ("Devlin Right-of-Way") as depicted in the "Devlin Right-of-Way Plat and as described in its Legal Description" in Exhibit H.
b. Grant to the CITY an exclusive approximately 167,740 square-foot slope easement associated with the Devlin Project ("Devlin Slope Easement") as described in Exhibit D. The improvements located within the Devlin Slope Easement shall be limited to emihen materials serving as a compacted embankment supporting the roadway whose final surface elevation will be higher than the existing ground surface elevation of the Property in certain locations. The PARTIES intend for the Devlin Slope Easement to be tempormy in nature and to not encumber or otherwise preclude development of the Propeliy. The Devlin Slope Easement shall remain until PROPERTY OWNER chooses to develop the Propeliy in a manner such that the Propeliy's final ground surface elevation is increased in height up to the Devlin Road roadway surface elevation. Once the Propeliy is developed in a manner that eviscerates the need for the earthen embankment to support the roadway, PROPERTY OWNER shall submit a request to the CITY to quitclaim the Devlin Slope Easement to PROPERTY OWNER as described in Section l.d above, and the City shall promptly execute and record any documents necessary to quitclaim the Devlin Slope Easement to Property Owner.
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c. Grant to the CITY an exclusive approximately 51,087 square feet Sewer Easement for the Sewer Project as described in Exhibit E. The PARTIES acknowledge and agree the alignment of the Sewer Easement shall closely align with the Seismic Encumbrance. d. Grant fee title to approximately 23,182 square feet of right-of-way for the GIR Project ("Green Island Right-of-Way", and together with the Devlin Right-of-Way, the "Rights of Way") as depicted and described in Exhibit 1.
e. Grant to the CITY an approximately 11,936 square feet temporaty constlUction easement ("Green Island TeE") for use in connection with the GIR Project as depicted and described in Exhibit F. The Green Island TCE will remain in place for the duration of the constlUction of the Green Island Project. Upon expiration of the Green Island TCE, CITY shall, at CITY's sole cost and expense, immediately restore the Green Island TCE to the condition existing immediately prior to CITY's initial entry on the Green Island TCE Area. The restoration obligation contained within this 2.e shall survive the telmination of this Agreement or the Close of Escrow. Furthennore, once the GIR Project constlUction is complete, the City shall promptly execute and record any documents necessaty to quitclaim the Green Island TCE to Property Owner.
f. Grant to the CITY an approximately 1,260 square feet public utility easement for the GIR Project ("Green Island PUE", and together with the Devlin Slope Easement and Green Island TCE, the "Easements") as depicted and described in Exhibit G.

3. Project(s) Design.
a. Devlin Project. The Devlin Project will generally be consistent with the Devlin Project Plans (Exhibit B). The PARTIES intend for the CITY to install at the City's sole cost and expense the following driveways and utility stubs within the Devlin Road Right-of-Way ("Devlin Utility Stubs") to serve future development of the Propeliy:
i. Three (3) driveways, three (3) potable water connections, three (3) recycled water connections, and two (2) sewer lateral connection extending to APN 057-090-008. ii. Two (2) driveways, two (2) potable water connections, two (2) recycled water connections lateral and one (1) sewer connection extending to APN 057-130-034.

The CITY intends to install Devlin Utility Stubs in conjunction with the Devlin Road Project to accommodate future development while avoiding unnecessaty damage to the new roadway. The exact number and/or locations of Devlin Utility Stubs are to be agreed upon by the PARTIES prior to the CITY's issuance of a Notice Inviting Bids for the Devlin Project: Notwithstanding the foregoing, in no event shall CITY be precluded from issuing a Notice Inviting Bids and/or otherwise proceeding with constmction of Devlin Project if the PARTIES have not reached agreement on the exact number and and/or location of the Devlin Utility Stubs.
b. GIR Project. The GIR Project will be generally consistent with the GIR Project Plans (Exhibit C). The PARTIES intend for the CITY to install at the City's sole cost and expense the following utility stubs within the Green Island Road Right-of-Way ("Green Island Utility Stubs") to serve future development of the Property:
i. Two (2) driveways, two (2) potable water connections, two (2) recycled water connections lateral and two (2) sewer connections extending to APN 057-090-036. 4 3375
The CITY intends to install Green Island Utility Stubs in conjunction with the GIR Project to accommodate future development while avoiding unnecessary damage to the new roadway. The exact number and locations of Green Island Utility Stubs are to be agreed upon by the PARTIES prior to the CITY's issuance of a Notice Inviting Bids for the Devlin Project. Notwithstanding the foregoing, in no event shall CITY be precluded from issuing a Notice Inviting Bids and/or othelwise proceeding with constmction of GIR Project if the PARTIES have not reached agreement on the exact number and location of the Green Island Utility Stubs.
c. Sewer Project. PARTIES acknowledge and agree that the Existing Sewer is not located entirely within the Existing Utility Easement. The Sewer Project consists of the installation of a new gravity sewer pipeline to replace the Existing Sewer. The new gravity sewer pipeline installed in conjunction with the Sewer Project shall be available to serve the Property, however the CITY shall have no obligation to install any utility stubs from said pipeline to serve future development of the Property. It is the intent of the parties that the CITY shall install the Sewer Project. Notwithstanding the foregoing, if the CITY has not commenced the installation of the Sewer Project prior to the date that PROPERTY OWNER seeks discretionmy approval from the CITY to develop the Property (as described in Section 6 below), PROPERTY OWNER may connect to sewer lines in Green Island Road and/or Devlin Road provided sufficient capacity exists in those lines to serve the development of the Property. d. Property Utilities. PROPERTY OWNER shall not be precluded from establishing utility connections to serve the Propeliy from the utilities within the Devlin Road and/or Green Island Road Right-of-Way in addition to the utility connections installed by the CITY pursuant to Sections 3.(a) and 3.(b) above. In the event PROPERTY OWNER installs utility connections within the Devlin Road and/or Green Island Road Right-of-Way after completion of the Devlin Project and/or GIR Project respectively, then PROPERTY OWNER shall mitigate any damage to the roadway and sun-ounding improvements by restoring it to substantially the same condition that existed prior to Property Owner's installation of such utility connections.
e. Restoration. Upon completion of the GIR Project and Devlin Project, CITY shall, at CITY's sole cost and expense, immediately restore any damage to the Propeliy arising out of or related to the CITY's work on such project to the condition existing immediately prior to CITY's initial enny onto the Property. The restoration obligation contained within this Section 3.e shall survive the termination of this Agreement or the Close of Escrow.

4. Consideration. Except as described in Sections 57.(c) and 9.(f).iv below, performance by the CITY of its obligations described herein shall be considered just compensation for the acquisition of the propelty rights from the PROPERTY OWNER and no additional compensation shall be owed to the PROPERTY OWNER by the CITY.

5. Quitclaim of Existing Utility Easement.
a. Within 30 days of the issuance of a Notice of Completion for the Sewer Project as per Section 1 above, the City shall conduct a public hearing consistent with the procedures for the vacation of "public service easements" set forth in Public Streets and Highway Code Section 8300 et seq., and after the City Council considers all the evidence submitted, it shall find that the Existing Utility Easement is unnecessmy for present or prospective public use, and then adopt a resolution vacating the Existing Utility Easement ("Vacation Resolution").
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b. Within 45 days after adopting the Vacation Resolution, CITY shall execute and record a quitclaim deed to the PROPERTY OWNER for the Existing Utility Easement (the "Quitclaim Deed"), and deliver a recorded copy of the Quitclaim Deed to PROPERTY OWNER.

6. Future Development of Property.
a. The CITY approval of the Agreement, and/or construction of the Devlin Project, GIR Project, Sewer Project, or any utility stub connections to the Property does not constitute approval by the CITY of any development project on the Property nor confer any development rights to PROPERTY OWNER.
b. Notwithstanding the forgoing, if and when PROPERTY OWNER seeks discretionary approval fi.-om the CITY to develop Property ("Future Development"), fulfillment of the terms and conditions of the Agreement by the PARTIES shall be recognized as adequate consideration for PROPERTY OWNER's share of the costs to construct the Devlin Project and GIR Project. CITY shall not exact any reimbursement from PROPERTY OWNER in cortiunction with discretionary approval from the CITY for costs incuned in the construction of the Devlin Project or the GIR Project, subject to the limitations desctibed in subsection 6.(c) below.
c. The limitation on exactions described in subsection 6.(b) above shall apply only to the extent the Future Development consists of "warehousing and storage uses" as defined by Title 19 - Zoning of the American Canyon Municipal Code (ACMC 19.5.060) as in existence at the time of the Effective Date (the "Property Zoning"). In the event Future Development consists of more intense land uses than warehousing and storage uses, then this limitation shall not be applicable. Moreover, in no instance shall the limitation on exactions described in subsection 6.(b) above apply to the imposition of any "development impact fees" such as the Traffic Impact Fee, Inclusionary Housing Fees, Water Capacity Fees, Wastewater Capacity Fees, Parks and Civic Facilities Fees, nor any other similar enacted development fees of the CITY, nor shall it limit the CITY's imposition of any Mitigation Measures identified during CITY's consideration of potential environmental impacts of the Future Development pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.). In addition, in no instance shall the limitation on exactions desctibed in subsection 6.(b) above apply to the imposition of requirements necessmy to demonstrate consistency with the CITY's Zero Water Footprint Policy.

7. Costs. CITY is responsible for 100% of the costs of the items listed below. Work may be done as part of one large contract or multiple smaller contracts. Work may be done by contractors hired by the CITY or by a third-party on behalf of the CITY. a. Geotechnical information, environmental studies, design andlor regulatOlY permits necessary as a matter of course or by regulating authorities to complete the Devlin Project, the GIR Project, and the Sewer Project.
b. Construction of the improvements for the Devlin Project and the GIR Project, including the Devlin Utility Stubs and Green Island Utility Stubs. c. Costs and expenses relating to the preparation, filing, processing, approval and recordation of the acquisition of the Devlin Right of Way, Green Island Right-of-Way, Green Island TCE, Green Island PUE and Devlin Slope Easement.
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d. Abandonment and removal of Existing Sewer as described in Section 1 above, if necessaty.

8. Propelty Acquisition - Condition of Title and Property. a. Title Report. Within ten (10) days after the Effective Date, CITY shall order current preliminary title report(s) (the "Preliminary Repmt(s)") for the Property from Placer Title Company of Napa ("Title Company") as well as a "pro forma" preliminaty title report for the (i) Devlin Right of Way, (ii) Devlin Slope Easement, (iii) Green Island Right-of-Way, (iv) Green Island PUE, and (v) Sewer Easement showing the condition of title of the rights of way and easements after the Closing (which pro forma preliminaty title report is referred to as the "Pro Forma"). The CITY shall have ten (10) days after receipt of each repmt to approve or reject the reports. The CITY shall approve or disapprove of any exceptions to title by the delivery to PROPERTY OWNER, and Title Company, of written notice of such approval or disapproval. If PROPERTY OWNER is in receipt of a notice of disapproval, it shall have up to and including the date that is ten (10) days prior to the Closing to remove or cause to be removed any exceptions so disapproved. If PROPERTY OWNER fails or is unable to remove such disapproved exceptions within said period, the CITY may terminate this Agreement or elect to close without fmther liability to PROPERTY OWNER.
b. The Preliminaty Report including the Pro Fonna shall constitute commitments by the Title Company, upon payment of its usual and customary premiums therefore, to issue a CLT A Standard Coverage Owners Title Insurance Policy with such endorsements as the CITY may require ("Title Policy") insuring that the Rights of Way and Easements are free and clear of all covenants, conditions, restrictions, rights, rights of way, easements, liens, encumbrances or any other matters affecting title to or use of the Rights of Way and Easements after the propelty exchange, subj ect only to the exceptions which have been approved by the CITY, respectively ("Approved Exceptions"). c. Except as otherwise provided in this Agreement, PROPERTY OWNER hereby specifically disclaims any wananty, guaranty or representation, oral or written, past, present or future, of, as to or concerning (i) the nature and condition of the Rights of Way and Easement areas, including, but not by way of limitation, the water, soil, geology, environmental conditions (including the presence or absence of any Hazardous Materials), and the suitability thereof for any and all activities and uses which CITY may elect to conduct thereon; (ii) the nature and extent of any right-of-way, easement, lease, possessory interest, lien, encumbrance, license, reservation, condition or otherwise; and (iii) the compliance of the Rights of Way or Easement areas or its operation with any laws, ordinances or regulations of any government or other body. The transfer of the Rights of Way and Easements as provided for herein is made on an "AS IS" basis, and CITY expressly acknowledges that, in consideration of the agreements of PROPERTY OWNER herein, and except as otherwise expressly specified herein.

PROPERTY OWNER makes no wananty or representation, express or implied, or arising by operation of law, including, but in no way limited to, any warranty of condition, habitability, merchantability or fitness for a patiicular purpose of the rights of way and easements.

9. Escrow and Closing.
a. Escrow. This Agreement shall serve as instmctions to the Title Company, for consummation of the transactions herein described. PROPERTY OWNER and the CITY agree to execute such additional escrow instmctions as may be necessary or appropriate to enable Title Company to comply with the provisions of this Agreement.
b. The Closing. The "Closing" shall mean the date upon which all documents required to effect the transactions described herein are recorded. The Closing date shall occur within ten 7 3378
(10) days. The PARTIES agree to extend the Closing for reasonable periods of time thereafter to prepare necessaty documents, prepare legal descriptions, obtain partial releases from lenders, obtain lien waivers, or prepare and obtain any other documents to effectuate the purposes and intentions of this Agreement. c. Deliveries at Closing. On or before the date of the Closing, PROPERTY OWNER shall execute and deliver, or cause to be executed and delivered, the following documents and sums to Title Company:

1. PROPERTY OWNER shall deliver to Title Company, the grant deed(s) conveying fee title to the Rights of Way and Easements (the "Grant Deed"), and such escrow instmctions, and other documents and the sums of money, according to the terms of this Agreement, including recording fees as may be required by Title Company to effectuate the grant the Rights of Way and Easements fi'ee and clear of all covenants, conditions, restrictions, rights, rights of way, easements, liens, encumbrances or any other matters affecting title to or use of the right of way and easements, subject only to the Approved Exceptions.
ii. PROPERTY OWNER and the CITY shall timely deliver all other documents and sums as might reasonably be required to be delivered or paid by PROPERTY OWNER and the CITY, respectively, and in accordance with the terms of this Agreement, to catTy out the transactions described in this Agreement at the Closing. d. Closing Conditions. Closing shall not occur unless and until:
i. The PROPERTY OWNER shall have deposited with Title Company all documents and sums required by this Agreement, including execution of the Grant Deed, and all contingencies and conditions set forth in the Agreement have been satisfied or waived. ii. Title Company shall be prepared to issue or cause to be issued a Title Policy with liability in amounts to be approved by the CITY, ensuring that the Rights of Way and Easements are free and clear of all covenants, conditions, restrictions, rights, rights of way, easements, liens, encumbrances or any other matters affecting title to or use of the Rights of Way and Easements, subject only to the Approved Exceptions.
e. Closing Procedures. Upon receipt of all documents and sums required by this Agreement at the Closing, and upon satisfaction or waiver of all contingencies and conditions as set forth in this Agreement, Title Company shall, at the Closing:
i. Record the Grant Deed executed by PROPERTY OWNER and the CITY and Title Company on the Official Records of Napa County as may be required to effectuate the propeliy exchange. Record all deed of tmst modifications and other documentation that may be required in connection with the propeliy acquisition.
ii. Issue or cause to be issued to the CITY the Title Policy with liability in the amount to be directed by the CITY, insuring title to the Rights of Way and Easements, free and clear of all covenants, conditions, restrictions, rights, rights of way, easements, liens, encumbrances or any other matters affecting title to or use of the Rights of Way and Easements, subject only to the Approved Exceptions.

Ill. Deliver conformed copies of the Grant Deed, and all other appropriate documents to CITY at the Closing.
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f. Proration and Escrow Costs.
i. At the Closing, the CITY shall pay the premium for the CITY's Title Policy on the Rights of Way and easements.
ii. Real Propeliy taxes required to be paid as a condition to Closing the property acquisition shall be paid by the CITY.
111. The CITY shall pay all escrow fees and charges incurred in connection with the property acquisition, except as otherwise set forth in this Agreement. iv. CITY shall be responsible for reimbursing PROPERTY OWNER for all of the out-of-pocket costs, fees and expenses incurred by PROPERTY OWNER in any way connected with the property exchange or this Agreement, in an amount not to exceed $10,000. g. Signing of Other Documents; Compliance with Regulations. The PARTIES will do all things 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.

10. Termination. In the event of the failure of any of the conditions precedent under Sections

9.(c) and (d), above, or the propeliy acquisition cannot be completed for whatever reason or any other condition precedent to the performance by the CITY or PROPERTY OWNER under this Agreement cannot be satisfied, and such contingency is not waived by the other party as provided herein, the Agreement shall telminate and the escrow shall be cancelled and the PARTIES shall have no fmiher liability under the Agreement to each other as a result of such termination. If escrow fails to close because of the default of either Party, the defaulting Pmiy shall be liable for all escrow cancellation charges. If escrow fails to close for any other reason, the PARTIES shall equally split all Escrow cancellation charges.

11. Notices. Any notice, request, demand or other communication required or pelmitted to be given hereunder shall be in writing, may be personally served, emailed, 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 an email, telecopy or telex, addressed to the recipients as follows:

PROPERTY OWNER:

With a copy to:

The CITY:

Right From the Stmi
Attn: Bill Kampton
3263 Browns Valley Road
Napa, CA 94558
Holman Teague
Attn: Conor Massey
1455 First Street, #217
Napa, CA 94559
Jason Holley, City Manager
4381 Broadway Street, Suite 201
American Canyon, CA 94503
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With a copy to:

The Escrow Holder:

Law Offices of William D. Ross
Attn: William Ross, City Attorney
400 Lambert Street
Palo Alto, CA 94306
Any party may change its address by giving notice thereof to the other PARTIES in accordance with this Section.

12. Indemnification.
a. The CITY hereby waives and releases, and shall indemnify, hold hannless, and defend PROPERTY OWNER, its successors and assigns, its officers, agents, consultants, servants and employees from and against all Losses incuned by the PROPERTY OWNER, arising in any manner out of (i) the physical condition of the Rights of Way and Easements, (ii) the use, occupancy, or presence of the CITY, its contractors, subcontractors, employees, representatives, invitees or agents on the Property, and/or (iii) the perfOlmance, or failure by the CITY, its contractors, subcontractors, employees, agents or representatives, to perfonn its work or any obligation of CITY arising under this Agreement, andlor (iv) the sole or contributing acts or omissions of the CITY, its contractors, subcontractors, employees, representatives, invitees or agents on the Property. As used in this Section 12.a, 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, and, with respect to damage or destruction of property, cleanup, repair, and replacement expenses) of any nature arising from or in connection with death of or injUly to persons (including, without limitation, exposure to hazardous or toxic substances), or damage to or destruction of property (including, without limitation, contamination by hazardous or toxic substances and any required testing, removal, or cleanup thereof). The indemnity obligations of CITY under this Agreement shall survive any tennination of this Agreement.
b. The PROPERTY OWNER hereby waives and releases, and shall indemnify, hold harmless, and defend CITY, its elected and appointed officials, officers, agents, consultants, attorneys, employees and volunteers from and against all Losses incurred by the CITY, arising in any manner out of (i) the use, occupancy, or presence of the PROPERTY OWNER, its contr'actors, subcontractors, employees, representatives, invitees or agents on the Property, andlor (ii) the performance, or failure by the PROPERTY OWNER, its contractors, subcontractors, employees, agents or representatives, to perform its work or any obligation of PROPERTY OWNER arising under this Agreement, and/or (iii) the sole or contributing acts or omissions of the PROPERTY OWNER, its contractors, subcontractors, employees, representatives, invitees or agents on the Property. As used in this Section 12.b, 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, and, with respect to damage or destruction of property, cleanup, repair, and replacement expenses) of any nature arising from or in connection with death of or injUly to persons (including, without limitation, exposure to hazardous or toxic substances), or damage to or destmction of property (including, without limitation, contamination by hazardous or toxic substances and any required testing, removal, or cleanup 10 3381
thereof). The indemnity obligations of PROPERTY OWNER under this Agreement shall survive any termination of this Agreement.

13. 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 patt 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 carty out the intentions of the PARTIES under this Agreement. c. Applicable Law and Venue. This Agreement shall be govemed by and interpreted under the laws of the State of California. The venue for any legal action in State court filed by a patty 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 COUtt filed by a patty to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement within the jUtisdiction of the Federal COUtts 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 section shall obligate a patty to submit to arbitration any dispute arising under this Agreement.
d. Attorneys' Fees. If any dispute atises under or by reason of this Agreement, the patty 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 Patty entitled to attorneys' fees shall be entitled to all other reasonable costs and expenses incuned in connection with such action. In addition to the foregoing award of attorneys' fees to the prevailing patty, 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 sepat'ate 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.
f. Modification: Waiver. This Agreement may be amended, waived or discharged only by an instrument in writing executed by the patty 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 counterpatts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.
h. Effective Date. The Effective Date shall be that date on which all PARTIES have executed this Agreement.
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i. 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, oust, 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. j. 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.
k. 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.

1. Time of Essence. Time is of the essence in this Agreement. m. Third Party Beneficiaries. This Agreement confers no rights on any party except the signatories to this Agreement.
n. 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 pmty, except that PROPERTY OWNER may assign this Agreement to a third party acquiring title to the Property and be relieved of all liability or responsibility under this Agreement, provided that such assignee fully assumes all of PROPERTY OWNER's obligations hereunder in a writing approved and duly executed by the CITY and the assignee.
o. Obligations Survive the Closing. All obligations to be performed at a time after the Closing, whether specifically refelTed to as surviving the Closing or not, and all covenants, representations and walTanties of the PARTIES, will survive the Closing. p. 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.
q. Possession of Property. The PARTIES agree that the CITY may take possession of the Rights of Way and easements for all purposes immediately following the Closing. r. Force Majeure. No pmty 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, emthquakes, 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. 12 3383
s. Specific Performance. PARTIES agree the Property is unique and that the CITY shall be entitled to the remedy of specific performance. t. Exhibits. Exhibits A, B, C, D, E, F, G, H, and I to this Agreement are incorporated by reference and made a part of this Agreement. 13 3384
IN WITNESS WHEREOF, the PARTIES have executed this Property Exchange and Acquisition Agreement as of the day and year first written above.

By. Jas 1 B. Holley
Its: CIty Manager
Date: t(30! '2-0 ----~~~~--=---------
RIGHT FROM THE START:

By:

Its:

Date: ____________ _

APPROVED AS TO FORM
William D. Ross, City Attorney

APPROVED AS TO FORM
Conor J. Massey, Attorney for Propeity Owner
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City of American Canyon—Giovannoni Logistics Center Project Final EIR–Volume 2
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M.5 - UPRR Permit for Sewer Crossing
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City of American Canyon—Giovannoni Logistics Center Project Final EIR–Volume 2
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State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Bay Delta Region
2825 Cordelia Road, Suite 100
Fairfield, CA 94534
(707) 428-2002
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
January 22, 2021
Mr. Ernie Knodel
Orchard Partners, LLC
3697 Mt. Diablo Boulevard, Suite 200
Lafayette, CA 94549
Dear Mr. Knodel:

Amendment of Lake or Streambed Alteration, Notification No. 1600-2016-0209-R3, NAPA LOGISTICS PARK PHASE 2 PROJECT
The California Department of Fish and Wildlife (CDFW) received your request to amend Lake or Streambed Alteration Agreement 1600-2016-0209-R3 (Agreement) and the required fee in the amount of $1,526.00 for a major amendment.

Your request to amend the Agreement includes using the jack and bore method to install two utility lines (i.e., potable water and sewage) under No Name Creek, and an unnamed ephemeral channel at the northern boundary of the project site, to connect to potable water and sewer lines.

The Agreement’s Project Description is amended as follows (amended language in bold italics; deleted language in strikethrough):

The project is limited to: 1) installing and removing a temporary double rail car bridge, 2) installing a permanent car bridge, and 3) installing a new storm drain outfall and associated energy dissipater, and 4) using the jack and bore method to install two utility lines (i.e., potable water and sewer) under No Name Creek and an unnamed ephemeral channel at the northern boundary of the project site.

Temporary Access Bridge
The temporary bridge will include: 1) Excavation and placement of 2-foot-deep, 5-foot wide, 21-foot-long steel grade beam support footings on each bank of the channel; 2) Placement of two railcar bridge deck components, each approximately 10-foot-wide by 65-feet-long; 3) Placement of 20-foot wide roadway fill material ranging from 6 inches to 2-feet deep for approach ramps to the temporary railcar bridge; And 4) removal of temporary bridge, approach ramps and support footings to be restored to pre-existing conditions (Exhibit B; Sheet 6).

Permanent Clear Span Pre-cast Bridge
The permanent bridge installation will be located immediately adjacent to the temporary bridge site and will include: 1) Excavating and placing two 5-foot-wide, 20-foot-long DocuSign Envelope ID: 1A1D0DBD-432D-4478-B241-E307080A7314 3410
Mr. Ernie Knodel
January 22, 2020

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concrete support footings, where each footing will be reinforced by twelve 30-inch diameter concrete piers (6 on each abutment) backfilled with native material to match existing grade; 2) Installing and attaching a 60-foot long, 40-foot wide bridge deck and utilities to support footings; 3) Installing four pre-cast concrete wing walls, each approximately 10 feet long. Each will be buried in the bank 5 to 9 feet deep below existing ground, and will extend approximately 11 feet above ground to match the bridge footing elevation; and 4) Compacting 5 to 6 feet deep fill and roadbed material behind and above the bridge elements and wing walls (Exhibit B; Sheets 4-5).

Outfall and Energy Dissipater
The storm drain outfall and associated energy dissipater will include: 1) Excavating and placing two 24-inch diameter precast concrete outfall pipes per Caltrans standards; 2) Excavating and installing approximately 600 square feet of non-grouted rock to be placed below the outfall pipes as energy dissipation. All rock will be backfilled with approximately 2 feet of native soil and planted with native species (Exhibit B; Sheets 8- 9).

Jack and Bore Utilities
The project will use the jack and bore method to install two utility lines (i.e., water and sewage) that shall be at least 5 feet below the streambed of No Name Creek and an unnamed ephemeral channel at the northern boundary of the project site.

The Agreement measures are amended as follows (amended language in bold italics; deleted language in strikethrough):

Jack and Bore

2.53 Frac-out Containment. Jack and bore operations shall not commence until all materials necessary to contain a frac-out or fluid spill are on site and immediately available, as outlined in the Frac-Out Contingency Plan for the Napa Logistics Park Phase II Project – American Canyon, California, prepared by Monk & Associates, dated October 22, 2020 (Exhibit C).

2.54 Frac-out Contingency. In the event of a frac-out, all drilling shall cease and all personnel shall implement the Frac-Out Contingency Plan (see Measure 2.53).

Jack and bore operations shall not resume until approved by CDFW.

2.55 Jack and Bore Entry and Exit Locations. Jack and bore entry and exit pits shall be located a minimum of 15 feet from top of bank. The exit and entry pits shall be appropriately sized to contain drilling fluids and cuttings. Control measures to ensure drilling mud is contained shall be monitored for effectiveness and shall be repaired or replaced as needed.

2.56 Drilling Mud. At no time shall drill cuttings, drilling mud, and/or materials or water contaminated with bentonite or any other substance deemed deleterious to DocuSign Envelope ID: 1A1D0DBD-432D-4478-B241-E307080A7314 3411
Mr. Ernie Knodel
January 22, 2020

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fish or wildlife be allowed to enter the stream or be placed where they may be washed into the stream. Any contaminated water/materials from the drilling and/or project activities shall be pumped into a holding facility and removed for proper disposal.

CONTACT INFORMATION
California Department of Fish and Wildlife
Bay Delta Region
2825 Cordelia Road, Suite 100 7329 Silverado Trail
Fairfield, CA 94534 Napa, CA 94558
Attn: Lake or Streambed Alteration Program – Garrett Allen, Environmental Scientist Notification #1600-2016-0209-R3
[email protected]
(707) 428-2002 (707) 944-5520

EXHIBITS
C. Frac-Out Contingency Plan for the Napa Logistics Park Phase II Project – American Canyon, California, prepared by Monk & Associates, dated October 22, 2020
DocuSign Envelope ID: 1A1D0DBD-432D-4478-B241-E307080A7314 3412
Mr. Ernie Knodel
January 22, 2020

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Please sign and return one copy of this letter to acknowledge the amendment. Copies of the Agreement and this amendment must be readily available at project worksites and must be presented when requested by a CDFW representative or agency with inspection authority.

If you have any questions regarding this letter, please contact Garrett Allen, Environmental Scientist, at [email protected].

Sincerely,
Craig Weightman, Environmental Program Manager
ec: California Department of Fish and Wildlife
Garrett Allen, Environmental Scientist
Bay Delta Region
[email protected]
Christy Owens, Associate Biologist
Monk & Associates, Inc
[email protected]

ACKNOWLEDGEMENT
I hereby agree to the above-referenced amendment.

Print Name: _______________________________ Date: ____________________ Signature: ________________________________
DocuSign Envelope ID: 1A1D0DBD-432D-4478-B241-E307080A7314 1/25/2021 Ernie Knodel
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M.7 - CC Resolution 2022-67-3
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RESOLUTION NO. 2022- 67

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 DocuSign Envelope ID: 87F61699- 998F-4DCB-A07C- C2B064E701DA 3416
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.

DocuSign Envelope ID: 87F61699- 998F-4DCB-A07C- C2B064E701DA 3417
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: Councilmembers Joseph, Oro, Washington, Vice Mayor Aboudamous, and Mayor Garcia NOES: None
ABSTAIN: None
ABSENT: None
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:

Taresa Geilfuss, City Clerk William D. Ross, City Attorney DocuSign Envelope ID: 87F61699- 998F-4DCB-A07C- C2B064E701DA 3418
NORTH AMERICA | EUROPE | AFRICA | AUSTRALIA | ASIA
WWW.FIRSTCARBONSOLUTIONS. COM
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 3421
City of American Canyon— South Kelly Road and State Route 29 Improvements Project Table of Contents Initial Study/ Addendum
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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 3422
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
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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). 3425
City of American Canyon— South Kelly Road and State Route 29 Improvements Project Introduction Initial Study/ Addendum
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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). 3426
City of American Canyon— South Kelly Road and State Route 29 Improvements Project Initial Study/ Addendum Introduction
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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

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
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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 3429
City of American Canyon— South Kelly Road and State Route 29 Improvements Project Project Description Initial Study/ Addendum
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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
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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. 3431
City of American Canyon— South Kelly Road and State Route 29 Improvements Project Project Description Initial Study/ Addendum
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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.

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.

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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121
37 4
Napa County
Solano County
80 680
12 116
C o n tra C o s t a County
780
128
Montezuma
S l o ug h
CarquinezStrait
Sonoma CountyMarin County
242
680
24 80
N
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River
Jack LondonState Park
Vacaville
Napa
Fairfield
Suisun City
Vallejo
BeniciaNovato
Bay Point
HerculesPinole Martinez
San Anselmo
San Rafael ConcordSan Pablo
HillRichmondLarkspur Pleasant
CerritoMill ElValley
CreekAlbanyLafayette Walnut
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Berkeley
Alamo
Sonoma
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Clayton
Exhibit 1Regional Location Map
5 52. 5 0
Miles
Text
Project Site
Source: Census 2000 Data, The California Spatial Information Library (CaSIL).

CITY OF AMERICAN CANYONSOUTH KELLY ROAD AND SR-29 IMPROVEMENTS PROJECTINITIAL STUDY/ ADDENDUM 56820001 • 03/ 2022 | 1_regional.mxd
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56820001 • 03/ 2022 | 2_local_vicinity.mxd
Exhibit 2Local Vicinity Map
Source: Google Earth Aerial Imagery. Kier + Wright, 02/03/2022.

CITY OF AMERICAN CANYONSOUTH KELLY ROAD AND SR-29 IMPROVEMENTS PROJECTINITIAL STUDY/ ADDENDUM S . K e l l y R d
29 D
evl
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Project Location
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3438
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/ ADDENDUM3439

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3440
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/ ADDENDUM3441

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3442
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/ ADDENDUM3443

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3444
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/ ADDENDUM3445

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3446
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/ ADDENDUM3447

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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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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. 3450
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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 3) Conclusions
A discussion of the conclusion relating to the analysis is contained in each section. 3451
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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
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.
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. 3453
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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 3456
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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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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
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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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) 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 3460
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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 project, including NOX emissions, would be less than those originally contemplated in the 2015 FEIR, and would continue to remain below the BAAQMD significance thresholds with the implementation of required mitigation.

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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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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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 project would not result in any peculiar effects and would not result in new or more severe impacts related to odors during project construction or operation than what was previously analyzed in the 2015 FEIR.

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 3463
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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 telephone numbers of the building facilities manager and the CARB to report violations.
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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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
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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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
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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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 3467
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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 swale, which drains a larger seasonal wetland south of the project site to a double culvert draining runoff under the intersection South Kelly Road and Devlin Road to Napa River.

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-of3468 City of American Canyon— South Kelly Road and State Route 29 Improvements Project Initial Study/ Addendum CEQA Checklist
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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 3469
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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 3470
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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, 3471
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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.

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. 3472
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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.) 3473
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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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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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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. 3477
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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.

Implementation of this mitigation measure would reduce impacts to a level of less than significant.

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 3478
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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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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 improvements.
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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
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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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 3485
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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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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 There have been no changes with respect to paleontological resources since the 2015 FEIR was certified, and the proposed improvements do not have the potential for new or more severe paleontological impacts 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 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 3487
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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. 3489
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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 3492
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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 3493
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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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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]
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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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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. 3498
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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 3499
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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 3501
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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 3502
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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 3505
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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 3506
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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.
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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 3509
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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 3512
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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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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.

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 3517
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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 effect ive 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).

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 3518
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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 3519
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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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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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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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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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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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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.

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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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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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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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
3529
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 3530
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.
3531

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3532
City of American Canyon— South Kelly Road and State Route 29 Improvements Project Initial Study/ Addendum
FirstCarbon Solutions
Appendix A:

Transportation Memorandum

FORTHCOMING
3533

THIS PAGE INTENTIONALLY LEFT BLANK
3534
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 3535
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 3536
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. 3537
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 3538
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 3539
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 3540
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.
3541
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]
3542
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
3543
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)
3544
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.

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)
3545
12 EXHIBIT A

LEGAL DESCRIPTION
3546
13 EXHIBIT B

INTENTIONALLY OMITTED)
3547
14 EXHIBIT C

LIST OF MODIFIED SOUTH KELLY IMPROVEMENT PLANS
Kier & Wright, dated July 2021)
3548

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 3549

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.) 3550
OF
HWY 29 POST MILE 2.3 TO POST MILE 5.0,

STREET IMPROVEMENT PLANS

VICINITY MAP
R
Callbefore you dig.

Know what' below. s

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
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AS SHOWN
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AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
JULY, 2021

UTILTIY PROVIDERS

BASIS OF BEARINGS

PROJECT BENCH MARK
LEGEND

ABBREVIATIONS
HIGHWAY 29
NO
R
T
H
HIGHWAY 29
S
K
E
L
L
Y
R
O
A
D

EXHIBIT C

Page 1 of 23 ends

American Canyon City CouncilFebruary 21, 2023

American Canyon City Council
February 21, 2023