NAPA VALLEY TRANSPORTATION IMPROVEMENT ACT EXPENDITURE
PLAN
Revenues received by the Authority from the transactions and use tax imposed pursuant to NVTA Ordinance No. 2024-01 shall be used to fund the improvements (including “projects” and “programs”) as described in this Expenditure Plan, after first deducting: (a) the fees charged by the California Department of Tax and Fee Administration (“CDTFA”) to administer and operate the ordinance under Section 180204(b) of the Public Utilities Code; (b) reimbursement to the County of Napa for its cost in conducting the election under Section 180203(a) of the Public Utilities Code ; and (c) only two percent (2.0%) of the net revenues shall be allocated to the Authority to be expended for costs of administration. The remaining revenue shall first be allocated to the Regional Transportation Enhancement Program, and then allocated to the Local Streets and Roads Maintenance Program. All funding and revenues are expressed in 2024 dollars over the thirty-year life of the program.
The revenue allocated to each Agency under this Expenditure Plan may be used for any direct costs of design, materials testing, project required environmental reviews, construction management, inspection, and construction of the projects.
Local Streets and Roads Maintenance Program
Description:
After deductions for capital highway improvement and highway operations and emergency evacuation projects, in an amount not to exceed $56 million dollars and associated debt service expenses, and the Authority’s administration fees of two percent (2.0%), the balance of funds shall be allocated to the Local Streets and Roads Maintenance Program. Under the Ordinance, the funds for the Local Streets and Roads Maintenance Program must be used for maintenance, reconstruction or rehabilitation of local streets, roads, and infrastructure within the public right-of-way as defined. Up to five percent (5%) of Agencies’ Local Streets and Road Maintenance Program can be used on other transportation projects, including capacity projects.
No revenues derived from this Ordinance shall be apportioned to regional projects until bonds are sold, except six million ($6 million) in pay-go funds to Napa Valley Transportation Authority for capital projects in the first five-years of the Ordinance. Local Agency apportionments will be net of debt service payments associated with the bonds issued to fund regional projects. Debt service associated with bonds issued to fund local projects will be deducted from that Agency’s annual Local Streets and Roads allocation.
If for some reason a regional project or program is infeasible and funds remain in the program, funding from the regional program will be distributed to the Local Street and Road Maintenance Program based on the prescribed formula. 221
EXHIBIT A
The initial estimated distribution of funding for the Local Streets and Maintenance Program is:
Project Percentage
Distribution
American Canyon 8.0%
Calistoga 3.0%
City of Napa 40.2%
Napa County 38.8%
St. Helena 6.6%
Yountville 3.4%
Total 100.0%
The percentage distribution and estimated Transaction and Use Tax is based on Fiscal Years 2020-21, 2021-22, and 2022-23 values and will be updated when the sales tax becomes operative on July 1, 2025 and every successive five years based on the formula established in Section 3, Paragraph A: Local Streets and Roads Maintenance Program.
Regional Transportation Enhancement Program
Regional funds may be used on any of the Regional Transportation Enhancement programs and/or projects and may not exceed $56 million, excluding Low-Income Transit Subsidies, which will be paid for out of the Authority’s administrative allocation.
Project Name Amount
SR 29/SR 12 – Intersection Improvements at SR 29
and Jameson Canyon/Airport Road and SR 12/Kelly
Road
Costs for capital projects funded
by the Napa Valley
Transportation Improvement Act
SR 29-American Canyon – Operational may not exceed $56 million.
Improvements on SR 29 between Napa Junction and
American Canyon Road
SR 29-SR 12/121 – Intersection Improvements at SR
29/Carneros Highway
Highway Operations and Emergency Evacuation–
may include highway system adaptive messaging
signs and Vine Transit emergency evacuation
operations, or other transportation projects related to emergency evacuation routes.
Low Income Transit Subsidies
Fares for Veterans, Persons with Disabilities,
Seniors, and Students
Estimated annual cost of
$10,000 and funded from
Authority’s administrative fees
or other Authority revenues.
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EXHIBIT A
Amendments
This Expenditure Plan may be amended to provide for the use of additional federal, state, and local revenues or to account for unexpected revenues by approval of a two-thirds vote of the members of the Authority; the two-thirds must include the City of Napa, the County of Napa, and at least three other jurisdictions. No amendment shall operate so as to affect the rate of tax imposed by this Ordinance.
Amendments constituting expenditures for new programs or new projects that were not a part of the voter approved Expenditure Plan or referred to in the Local Streets and Roads Maintenance Program may only be approved with the subsequent consent of the electorate.
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Persistent challenges with Measure T
• Pay-go funding is not enough to keep up with deferred maintenance that is causing pavement conditions to continue to decline
• Pay-go system does not provide the flexibility needed to build costlier projects faster • Growth in sales tax revenue (4.6% annually) being outpaced by rising construction costs (up 10.7% annually). Over time, this will cut the purchasing power of Measure T
• Narrower focus of current measure does not provide jurisdictions with any flexibility to use local streets and roads money for other transportation priorities Measure U: At-A-Glance
• Measure U will replaces Measure T, a ½ cent sales tax for local streets and roads
• Generational opportunity to break the last major
bottlenecks on Highway 29
• Expands the bike and pedestrian provision to include Class IV bike lanes (current Measure only allows for funding of Class I projects)
• Provides flexibility to bond and bring funding forward to deliver more local streets and road improvements faster See reverse side for more information and benefits regarding replacement measure
From Measure T to Measure U
nvta.ca.gov
Napa County Pavement Condition Index Scores - 2018 – 2022 224
Measure U: Details and Benefits
Bonding – Regional Capital Improvement Projects
Measure U will set aside up to $56 million for regional capital improvement projects through the issuance of bonds for the opportunity to achieve long-held transportation priorities: breaking the last remaining bottlenecks on Highway 29 between Napa and American Canyon. This apportionment will position Napa County to be more competitive in securing state and federal grant funding opportunities to bring these projects to fruition.
Bonding for regional capital improvement projects can help fund:
Highway 29 Improvement Projects:
1. Airport — SR 29/SR 12 intersection – Intersection Improvements at Highway 29 and Jameson Canyon/Airport Road and Highway 12/Kelly Road
2. Highway 29-American Canyon – Operational and Multimodal Improvements on Highway 29 between Napa Junction and American Canyon Road
3. Carneros — SR 29/SR 12 – Intersection Improvements at Highway 29/Carneros Highway
4. Highway Operations and Emergency Evacuations – To allow proactive management of highway facilities and emergency demands such as natural disasters. It includes adaptive messaging signs and battery storage for Vine Transit.
Regional projects provide benefit to the entire county because workers, residents, and visitors to and from all communities use them.
Bonding – Local Streets and Roads Funding
Currently, Measure T’s pay-go system provides annual allocations to jurisdictions for local streets and road improvement and rehabilitation projects.
Under Measure U, jurisdictions will receive more funding over the life of the measure and have the option to issue bonds to build costlier road rehabilitation and improvement projects faster. At right is a chart summarizing changes in this funding:
Flexibility to Meet Current and Future Needs
Bonding – Funding Road Repair and Improvement Projects Faster Measure U will create the flexibility jurisdictions need to get costlier road repair projects funded faster, instead of having to save pay-go allocations over the course of many years to fund priority projects.
Funding Transportation Projects Not Under LS&R Guidelines In response to jurisdictional concerns, the replacement measure will provide flexibility to allocate up to 5% of local streets and roads allocations for projects outside the scope of maintenance and rehabilitation. For example, this could include the Newell Drive extension in American Canyon, Silverado five-way intersection in the City of Napa, or bridge replacement in St. Helena.
Funding to Support Class IV Bike Lanes
While NVTA supports the continued creation of Class I bike lanes like the Napa Valley Vine Trail, in response to jurisdictional input, the replacement measure will also provide funding to create Class IV buffered bike lanes in places where Class I bike lanes are not feasible.
Bonding Costs and Benefits
Jurisdiction Measure T* Measure U
Pay-Go*
Equal
Issuance*
City of American
Canyon $60,574 $89,131 $76,5
City of Calistoga $21,241 $28,007 $28,6
City of Napa $317,429 $447,884 $384,4
County of Napa $311,910 $432,286 $371,0
City of St. Helena $60,574 $73,533 $63,1
Town of Yountville $21,241 $37,881 $32,5
The table below provides estimates for what each jurisdiction will re bonding assumption that was used in NVTA’s analysis as compared to is unknown which projects will be advanced, the condition of the eco are based on very conservative revenue growth estimates and assum *Measure T amounts reflect what each jurisdiction is expected to receive between 2025 and 2043 whe nvta.ca.gov
* The chart at right summarizes differences between Measure T and the proposed Measure U (figures in $1,000s) ** Measure T amounts reflect what each jurisdiction is expected to receive between 2025 and 2043, when Measure T sunsets
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CITY COUNCIL AGENDA
APRIL 16, 2024
STAFF REPORT
CONSENT
ITEM NUMBER: 12.
TITLE
Amend Terms to Inter-Fund Loans made to the Recycled Water Enterprise from the Water and Sewer Enterprises
RECOMMENDATION
Adopt a Resolu,on amending the terms of the Inter-Fund Loans made to the Recycled Water Enterpise Fund by the Water and Sewer Enterise Funds, se/ng the interest rate for these Inter-Fund Loans at 1% and extending the total term to thirity years from date of origination.
CONTACT
Juan Gomez, Finance Director
BACKGROUND & ANALYSIS
The Recycled Water Enterprise currently has five outstanding loans totaling $6.5 million, including accrued interest. The loans were made from 2009 through 2023 for the development of a new Recycled Water Distribu,on System, Pump Sta,ons, the Green Island Road Recycled Waterline Project and the 2023 Recycled Water Expansion Project. The loans were funded by the Water and Sewer Enterprise Systems and approved by City Council as outlined below and in attachment A.
Wastewater Capacity Fund (Fund 550) - $1,070,000, 15 Year Term - Issued November 2009 Wastewater Capacity Fund (Fund 550) - $304,614, 15 Year Term - Issued December 2009 Wastewater Capacity Fund (Fund 550) - $3,532,410, 15 Year Term - Issued December 2009 Water Operations Fund (Fund 510) - $128,189, 15 Year Term - Issued September 2021 Water Operations Fund (Fund 510) - $1,136,140, 10 Year Term - Issued June 2023 All the loans carry an interest rate of LAIF (Local Agency Investment Fund). LAIF is an investment fund part of the Pool Money Investment Account managed by the California State Treasurer's Office. It provides government agencies like the City of American Canyon an investment vehicle for interest earnings on pooled cash at a low cost. The LAIF rate at the ,me the loans issued in 2009, 2011 and 2021 was less than 1%.
Today, the LAIF rate is currently at 4.23%. This is a result of many factors, though primarily as a result of increases to the Federal Funds Rate set by the Federal Open Market CommiDee in response to high infla,on. Based on the terms of the loans approved by City Council, the exis,ng loans now 226
carry a substan,ally higher rate than when loans were issued. Staff is proposing amendments to the interest rate and length of term for all loans made to the Recycled Water Enterprise.
The proposal includes se/ng a fixed interest rate for the loans at 1.00% and revising the length of the loan to a total of thirty-years. The 1.00% interest rate would be in line with the intent of the original loans and provide relief to the newly established Recycled Water Enterprise. Extending the total term of the loans to thirty-years beDer aligns the loans to the useful life of the assets. The recently completed Rate Study included these proposed loan modifica,ons, staff wanted to ensure the proposed rates were adopted prior to bringing this item for approval.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."
FISCAL IMPACT
The proposed loan amendments will decrease interest revenue to the Water and Sewer Enterprises and provide relief to the Recycled Water Enterprise. Although interest rates are now historically elevated, they remain vola,le long term. Se/ng a fixed interest rate provides budgetary certainty to the funds. Extending the length of terms provides lower annual debt expense to the Recycled Water Enterprise but will provide higher interest revenue to the Water and Sewer Enterprises due to longer repayment term as opposed to exis,ng terms. The recently developed Rate Study has taken into account the proposed loan modifications.
ENVIRONMENTAL REVIEW
15378(b) - The ac,on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec,ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.
ATTACHMENTS:
1. Resolution -Amendments to Inter-Fund Loans
Attachment A - Internal Loans to Recycled Water Enterprise Fund 227
RESOLUTION NO. 2024-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON AMENDING THE TERMS OF
THE INTER-FUND LOANS MADE TO THE RECYCLED WATER ENTERPRISE FUND BY THE WATER AND SEWER ENTERPRISE FUNDS, SETTING THE INTEREST RATE FOR THESE INTER-FUND LOANS AT 1% AND
EXTENDING THE TOTAL TERM TO THIRTY YEARS FROM DATE OF ORIGINATION WHEREAS, on November 17, 2009, City Council authorized a fifteen-year inter-fund loan in the amount of $1,070,000 from Fund 550 Wastewater Capacity; and
WHEREAS, on December 15, 2009, City Council authorized a fifteen-year inter-fund loan in the amount of $304,614 from Fund 550 Wastewater Capacity; and
WHEREAS, on December 15, 2009, City Council authorized a fifteen-year inter-fund loan in the amount of $3,532,410 from Fund 550 Wastewater Capacity; and
WHEREAS, on September 21, 2021, City Council authorized a fifteen-year inter-fund loan in the amount of $128,189 from Fund 510 Water Operations; and
WHEREAS, on June 20, 2023, City Council authorized a ten-year inter-fund loan in the amount of $1,136,140 from Fund 510 Water Operations; and
WHEREAS, the loans made to the Recycled Water Enterprise were for the development of a new Recycled Water Distribution System, Pump Stations, Green Island Recycled Waterline Project and the Recycled Water Expansion Project; and
WHEREAS, all loans outlined above carry an interest rate equal to the Local Agency Investment Fund (LAIF) investment rate; and
WHEREAS, due to the current high interest rate environment the LAIF investment rate is 4.23%; and WHEREAS, the Recycled Water Enterprise Fund is a relatively new Enterprise with limited revenues; and WHEREAS, the amended interest rate for loans outlined above shall be set at an interest rate of 1.00%; and
WHEREAS, the amended term for loans outlined above shall be set thirty-years from each loan origination date to coincide with the useful life of the assets.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of American Canyon hereby amends the terms of the Inter-Fund loans made by the Water and Sewer Enterprise Funds to the Recycled Water Enterprise Fund setting a fixed interest rate of 1.00% and a term of thirty-years from date of origination for each loan.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 16th day of April, 2024 by the following vote:
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2 AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Leon Garcia, Mayor
ATTEST: APPROVE AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 229
INTER-FUND LOANS
FY 2023-24
Date
Council
Approval Fund Lending 10390
Fund Receiving Loan
20490 Purpose of Loan
Interest
Rate Loan Amount Accrued Interest Principal Payment
Ending Balance
12/31/2023
17-Nov-09 550 - WW Capacity 580 - RW Operations Green Island Road Recycled Waterline Project LAIF 1,070,000 161,039 - 1,231,038.91 15-Dec-09 550 - WW Capacity 580 - RW Operations Recycled Water Pump Station Upgrade LAIF 304,614 45,846 - 350,459.67 15-Dec-09 550 - WW Capacity 580 - RW Operations Various CIP Projects (Useful Lives 30 years) LAIF 3,532,410 207,275 - 3,739,684.75 21-Sep-21 510 - Water Operations 580 - RW Operations Green Island Road Recycled Waterline Project LAIF 128,189 6,789 - 134,978.16 20-Jun-23 510 - Water Operations 580 - RW Operations Recycled Water Expansion Project LAIF 1,136,140 20,702 (113,614) 1,043,228.08 $ 6,171,353 $ 441,650 $ (113,614) $ 6,499,389.57
F:\5 - Liabilities\Debt\Debt Service\Internal Loans\FY 2023-24\Internal Loans FY2023-24.xlsx 230
CITY COUNCIL AGENDA
APRIL 16, 2024
STAFF REPORT
PUBLIC HEARING
ITEM NUMBER: 13.
TITLE
Watson Ranch Lot 8 Subdivision
RECOMMENDATION
A Resolu*on of the City Council of the City of American Canyon approving a Ves*ng Tenta*ve Subdivision Map for Watson Ranch Lot 8 to create 25 single family home lots on 2.3 acres within the Watson Ranch Specific Plan Medium Density Residen*al-16 zoning district located north of Car*er Street, Assessor’s Parcel Numbers 059-430-012 and 059-430-037 (File No. PL22-0024)
CONTACT
William He, AICP, Senior Planner
BACKGROUND & ANALYSIS
Table 1: Site Information
General Plan Designation
Watson Ranch Specific Plan (WRSP) - Medium Density
Residential 16 (MDR-16)
Zoning District WRSP - MDR-16
Site Size 2.3 Acres
Present Use Undeveloped Lot
Surrounding Zoning and Uses
North: WRSP Park / vacant lot
South: WRSP MDR-16 / Harvest Subdivision, singlefamily homes East: WRSP MDR-16 / Promontory Subdivision, vacant
lots
West: WRSP MDR-16/ vacant lot
Access Site access is provided from Cartier Street
History: In August 2021, the Planning Commission approved the Watson Ranch Lot 10, Harvest Subdivision Design Permit. In September 2021, the City Council approved the Lot 10 Ves*ng Tenta*ve Subdivision Map (VTM). The Harvest Subdivision consists of 219 single-family homes and 6 new streets. The Watson Ranch Lot 8 Subdivision is proposed as an extension of Lot 10. A loca*on map is available as Attachment 2.
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On September 5, 2023, the City Council approved a technical amendment for the Watson Ranch Specific Plan. Among the changes, the Project Site was redesignated from Public and Park to Medium Density Residen*al 16 (MDR-16). The MDR-16 zone allows single-family residen*al lots at up to 16 dwelling units per acre.
Proposed Development: AC-1, LLC proposes to develop the Watson Ranch Lot 8 Subdivision. The project consists of 25 single-family homes on a 2.3-acre site in the WRSP Medium Density Residen*al 16 Zoning District. The site is located directly north of the Harvest Subdivision, or Watson Ranch Lot 10, and accessible from Car*er Street. The project site is in the WRSP area, which was approved with an Environmental Impact Report in November 2018.
The 25 single-family residen*al lots range from 3,608 to 5,624 square feet. The lots are all arranged along the north side of Car*er Street. The lots will be supported with wet and dry u*li*es, with connec*ons already available. As an extension of the Harvest neighborhood, the subdivision will feature homes with 3 to 4 bedrooms, two-car garages, and two-stories. The architecture of the houses will feature farmhouse, ranch, and traditional designs.
The subdivision includes one private Parcel A and two Public parcels B and C. Parcel A is approximately 2,184 square feet and located west of residen*al lot 1, facing Marcus Road. Parcels B and C are approximately 2,178 square feet each. Parcel B is located between residen*al lots 4 and 5, and Parcel C is located between residen*al lots 22 and 23. According to the Applicant, Parcel A will be used as a parcel for u*li*es, a monument sign, and landscaping buffer to the residen*al lots.
Parcels B and C provide walkways to the park parcel in the north. A condi*on of approval requires the applicant to provide a landscaping plan for these Parcels similar to the landscaping for landscape/paseo parcels between Pewter Street and Marcus Road in Watson Ranch Lot 10.
The Watson Ranch Lot 8 VTM Resolu*on, condi*ons of approval, and civil plans are available as AGachment 1. The approved Architectural designs from Watson Ranch Lot 10 are available as Attachment 3. On March 28, 2024, the Planning Commission recommended approval for the Watson Ranch Lot 8 Subdivision. The Planning Commission staff report is available at this link.
Site Specific Issues
Affordable Housing. According to ACMC Sec*on 19.28.030, residen*al projects containing 5 or more residen*al parcels are required to provide 10% of those units as affordable units. The Watson Ranch Specific Plan includes the Lemos Pointe project that provided 186 affordable units in Watson Ranch Large Lot 24. Watson Ranch Lot 8 u*lizes the Lemos Pointe Apartments to comply with the affordable housing requirement.
Aesthec Enhancement. The Watson Ranch Specific Plan requires the sides and rear eleva*ons that are visible to the public to have enhanced architectural treatment. Lot 1 is located adjacent to Parcel A which is located next to Marcus Road. The west side and rear of the home at this lot will be highly visible to the public. Lot 25 is located adjacent to the Vine Trail. The east side and rear of this 232
home will also be highly visible to the public on the Vine Trail. The Planning Commission recommends a condi*on of approval that requires the side and rear of Lots 1 and 25 to receive an enhanced elevation. The architectural enhancement treatments are shown in Attachment 3.
The remaining homes between Lots 1 and 25 backup onto a future park. While the rear eleva*ons of these homes would be visible to the public, the view would be obscured by a variety of factors: 1) the park will be located at a lower eleva*on than the homes; 2) the park, being a large space with trees, would provide a somewhat distant public view of the rear home eleva*ons; 3) the rear fence and park landscaping will further obscure views toward the homes. For these reasons, the Planning Commission agreed with staff and did not recommend requiring architectural enhancement to the rear eleva*ons of homes on Lots 2 through 24. A site plan for the subdivision showing the lot locations, future park, and adjacent Marcus Road and Vine Trail is included as Attachment 1.4.
Standard Condions. There has been a significant effort in planning and en*tling Watson Ranch.
These en*tlements include: a General Plan Amendment, Watson Ranch Specific Plan (and related Zoning), Large Lot Vesting Tentative Map, and Development Agreement. The project is subject to the American Canyon Municipal Code, the WRSP policies and mi*ga*on measures, the WRSP Development Agreement, and the AC-1 Master Conditions of Approval.
Given the significant analysis already completed, Standard Condi*ons for the AC-1 por*on of Watson Ranch provides a standard method to ensure each development project will construct its share of physical improvements and environmental mi*ga*on from the Watson Ranch Program Environmental Impact Report. A copy of the AC-1 Master resolu*on and condi*ons of approval are available in VTM Exhibit B, Attachment 1.
Public Outreach:
City outreach occurred between April 3, 2024 and April 15, 2024. A copy of the public no*fica*on addresses and map is included in Attachment 4. Specific events are outlined below:
April 4 – Public Hearing Notice mailed to property owners and residents within 500 feet April 3 – GovDelivery Notice of Public Hearing Bulletin sent to email subscribers list (4,340 + people) April 6 – Public Hearing Notice Published in the Vallejo Times Herald April 12 – Staff Report published on City Website and emailed to GovDelivery Recipients April 12 – GovDelivery Notice of City Council Agenda emailed to subscribers (4,340 + people) April 15 – GovDelivery Reminder Notice of Public Hearing emailed to subscribers (4,340 + people)
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Community and Sense of Place: "Build on the strength of our local community to develop a clear 'sense of place' and establish our unique identity."
FISCAL IMPACT
The Watson Ranch Lot 8 Ves*ng Tenta*ve Subdivision Map required a developer deposit for review 233
and processing, so there is no fiscal impact for staff *me. If the Planning Commission and City Council approve the project, the City will gain 25 single-family homes, which provides addi*onal tax revenue.
ENVIRONMENTAL REVIEW
The environmental impacts of the Watson Ranch Specific Plan (WRSP) Project which includes the proposed Watson Ranch Lot 8 Subdivision were adequately considered in the cer*fied Final EIR for the Watson Ranch Specific Plan Project (State Clearinghouse No. 2015022030) which includes findings, a Mi*ga*on Monitoring and Repor*ng Program, and a Statement of Overriding Considera*ons for the Project. Approval of the proposed Ves*ng Tenta*ve Subdivision Map is based on the Final EIR and complies with CEQA. Under CEQA, the Watson Ranch Specific Plan Project FEIR is a program EIR and is generally assumed to be used at a "development level." See, e.g., CEQA Guidelines § 15168. There is no substan*al evidence of changed circumstances under CEQA Guidelines sec*on 15162 requiring further CEQA review as the whole of the approvals sought are contemplated under the Project FEIR analysis.
ATTACHMENTS:
1.0 WR Lot 8 Subdivision - Resolution
1.1. WR Lot 8 Exhibit A VTM Specific Conditions
1.2. WR Lot 8 Exhibit B AC1 Master Conditions
1.3. WR Lot 8 Exhibit C Vesting Tentative Subdivision Map
1.4 WR Lot 8 Architectural Enhancement
2. WR Lot 8 Location Map
3. WR Lot 8 and 10 Architecture
4. WR Lot 8 Subdivision Public Outreach
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RESOLUTION NO. 2024- ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON APPROVING A VESTING TENTATIVE SUBDIVISION MAP FOR WATSON RANCH LOT 8 TO CREATE 25 SINGLE FAMILY HOME LOTS ON 2.3 ACRES WITHIN THE WATSON RANCH SPECIFIC PLAN MEDIUM DENSITY RESIDENTIAL16 ZONING DISTRICT LOCATED NORTH OF CARTIER STREET, ASSESSOR’S PARCEL NUMBERS 059- 430-012 AND 059-430-037 (FILE NO. PL22-0024)
WHEREAS, pursuant to Section 65300 of the State Planning and Zoning Law, the City of American Canyon (City) adopted a General Plan to provide comprehensive long-range planning and a blueprint of the City’s future form, including land use and circulation maps that specify the roadway network and the distribution of types and intensities of land; and
WHEREAS, the City of American Canyon General Plan land use and zoning designation for the property known as the Watson Ranch Specific Plan property is Town Center, which requires the approval of a specific plan to designate the land uses, range of residential and nonresidential densities and unified design standards within the Watson Ranch Specific Plan property; and WHEREAS, on November 6, 2018, the City Council of the City of American Canyon adopted an Ordinance approving the Watson Ranch Specific Plan that provides for the development of the approximately 309- acre Watson Ranch Specific Plan site with a mixed use community component including a mixed use town center (Napa Valley Ruins and Garden), 1,253 residential units, approximately 23 acres of improved parks, an additional 30 acres of parks, trails and open space, a 10-acre school site, roads and supporting water, wastewater, recycled water and storm drainage infrastructure; and WHEREAS, on June 18, 2019, the City Council approved the Watson Ranch Specific Plan Development Agreement (Ordinance 2019-06, Agreement 2019-A107); and WHEREAS, on August 26, 2021, the Planning Commission approved the Watson Ranch Lot 10 Harvest Subdivision Design Permit for 219 single-family homes (PC Resolution 2021-18); and WHEREAS, on September 21, 2021, the City Council approved the Watson Ranch Lot 10 Harvest Vesting Tentative Subdivision Map for 219 single-family homes (Resolution 2021-75); and WHEREAS, on September 15, 2022, AC-1, LLC “Applicant” submitted the Watson Ranch Lot 8 Vesting Tentative Subdivision Map “Project” as an extension of the Watson Ranch Lot 10 Harvest Subdivision to create 25 single-family home lots, two public parcels, and one private parcel on a 2.3-acre site located north of Cartier Street, Accessor’s Parcel Numbers 059-430-012 and 059-430-037 (File No. PL22-0024); and WHEREAS, on September 5, 2023, the City Council approved a Watson Ranch Specific Plan technical amendment (Ordinance 2023-07); and
WHEREAS, Chapter 18.22.055 of the Municipal Code sets forth findings required for approval of a tentative subdivision map; and
WHEREAS, the proposed map is consistent with the City of American Canyon General Plan, Municipal Code and the Watson Ranch Specific Plan; and
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WHEREAS, pursuant to the California Environmental Quality Act (CEQA), a final environmental impact report (Final EIR) was prepared for the Watson Ranch Specific Plan, which included the proposed Vesting Tentative Map (VTM), having analyzed the actions contemplated by the VTM and includes required mitigation measures, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program; and
WHEREAS, on March 28, 2024, the City of American Canyon Planning Commission conducted a duly noticed public hearing on the subject application and recommends City Council approval; and WHEREAS, a duly-noticed public hearing was held by the City of American Canyon City Council on April 16, 2024 on the subject application, at which time all those in attendance were given the opportunity to speak on this proposal and to submit comments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon, having considered all the evidence, including any submitted by member of the public, hereby approves the Watson Ranch Lot 8 Vesting Tentative Subdivision Map (PL22-0024), subject to the following Findings and Conditions of Approval.
SECTION 1: Findings Regarding Environmental Review pursuant to the California Environmental Quality Act (CEQA)
1. The City of American Canyon makes the following findings and determinations based on substantial evidence in the record as a whole pursuant to the California Environmental Quality Act (Pub. Res.
Code §§ 21000 et seq.) and its Guidelines (California Code of Regulations, Title 14 §§ 15000, et seq.), as each is amended from time to time (“CEQA”).
2. Pursuant to CEQA, an Environmental Impact Report (EIR) was prepared, supplemented, and certified for the Watson Ranch Project (“Project EIR”). The Project EIR considered and analyzed the significant adverse environmental impacts of, related mitigation measures for, and reasonable alternatives to, the planning, development, construction, operation, and maintenance of the proposed uses of the Property implemented through the “Project Approvals” of the “Project,” including without limitation, the General Plan Amendment, Watson Ranch Specific Plan (and related Zoning), Large Lot Vesting Tentative Map, and Development Agreement. In accordance with CEQA, City certified as legally adequate and complete the Project EIR, and approved the development allowed and approved by said existing and future Project Approvals contemplated by the Project EIR and the Development Agreement.
3. The proposed Vesting Tentative Map for that Watson Ranch Lot 8 is a contemplated “Project Approval” under the Project EIR and the Development Agreement. Under CEQA, a Specific Plan EIR, like the Watson Ranch Specific Plan Project EIR, is generally assumed to be used at a "development level." See, e.g., CEQA Guidelines § 15168. Under controlling CEQA law, particularly CEQA Guidelines section 15162, the legal question is whether the Project EIR, itself, needs updating (through a Subsequent or Supplemental EIR) before the City can consider and approve the Watson Ranch Lot 8 VTM, or whether the Project EIR provides the appropriate CEQA compliance work for the City’s consideration and approval of the Watson Ranch Lot 8 VTM. For the following reasons and findings, by law, no such Subsequent or Supplemental EIR can be required by the City, and the Project EIR provides the appropriate CEQA compliance work for the City’s consideration and approval of the Watson Ranch Lot 8 VTM.
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First, CEQA Guidelines section 15162 provides as follows [City responses to the issues raised by Section 15162 are provided in bracketed, italicized text below]:
(a) When an EIR has been certified . . . for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; [There is no substantial evidence in the light of the whole record revealing any changes proposed in the Project, let alone changes that will involve involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Watson Ranch Lot 8 VTM implements the Watson Ranch Specific Plan Project, and no new significant environmental effects or substantial increase in the severity of previously identified significant effects not already addressed by the Project EIR will result from that implementation.] (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR . . . due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
[There is no substantial evidence in the light of the whole record revealing circumstances under which the Project is undertaken which require major revisions to the Project EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects: the Watson Ranch Lot 8 VTM is anticipated by, and is the implementation of, the Watson Ranch Specific Plan Project (and Project Approvals), and no new significant environmental effects or a substantial increase in the severity of previously identified significant effects not already addressed by the Project EIR will result from that implementation.]; 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 negative declaration was adopted, shows any of the following [There is no substantial evidence in the light of the whole record revealing any such new information of any kind has been presented]:
(A) The project will have one or more significant effects not discussed in the previous EIR . . . [There is no substantial evidence in the light of the whole record revealing that the Watson Ranch Lot 8 VTM will have one or more significant effects not discussed in the Project EIR: Instead, the Watson Ranch Lot 8 VTM is anticipated by, and are the implementation of, the Watson Ranch Specific Plan Project as fully analyzed by the Project EIR];
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR [There is no substantial evidence in the light of the whole record revealing that the Watson Ranch Lot 8 VTM will result in a situation where significant effects previously examined in the Project EIR will be substantially more severe than shown and discussed in the Project EIR: Instead, the Watson Ranch Lot 8 VTM are anticipated by, and 237
are the implementation of, the Watson Ranch Specific Plan Project as fully analyzed by the Project 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 project, but the project proponents decline to adopt the mitigation measure or alternative [There is no substantial evidence in the light of the whole record supporting a determination that 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 would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. [There is no substantial evidence in the light of the whole record supporting a determination that mitigation measures or alternatives which are considerably different from those analyzed in the Project EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. No such mitigation measure nor alternatives have been proposed, nor are warranted, and no rejection of such mitigation measure or alternative by the project applicant has taken place.]
Because there is no substantial evidence in the record to support any of the findings set forth in CEQA Guidelines section 15162, as a matter of law, no additional CEQA work can be required by the City relating to the City’s consideration and approval of the Watson Ranch Lot 8 VTM.
Second, similar to CEQA Guidelines section 15162, CEQA Guidelines section 15163 provides that a public agency may choose to prepare a “Supplement” to an EIR - rather than a “Subsequent” EIR - only if (1) any of the findings described in Section 15162 (above) would require the preparation of a Subsequent EIR, yet (2) only minor additions or changes would be necessary to make the Project EIR adequately apply to the changed situation. As stated above, because there is no substantial evidence in the record to support any of the findings set forth in CEQA Guidelines section 15162, then, as a matter of law, no finding can be made under CEQA Guidelines section 15163. Therefore, no additional CEQA work for the Watson Ranch Lot 8 VTM can be required by the City.
Third, and lastly, under the Development Agreement, “to the extent permitted or required by CEQA, City shall use . . . existing environmental assessments, declarations, reports and studies as adequately addressing the environmental impacts of the Project and its Subsequent Approvals without requiring new or supplemental environmental documentation.” Development Agreement § 2.04(k). Because CEQA prohibits the City from requiring additional CEQA compliance work for the Watson Ranch Lot 8 VTM approval, for the reasons discussed above, the Development Agreement likewise enforces that CEQA requirement and prohibits additional “new or supplemental environmental documentation.” Development Agreement § 2.04(k).
Therefore, the City finds and determines that the Project EIR provides the appropriate CEQA compliance documentation for the City’s consideration and approval of the proposed Watson Ranch Lot 8 VTM.
SECTION 2. FINDINGS
1. The proposed map is consistent with the General Plan and the Watson Ranch Specific Plan. 238
The subdivision is proposed to delineate parcels that reflect the proposed land uses and street lay out of the Watson Ranch Specific Plan; and
2. American Canyon Municipal Code (ACMC) Section 18.22.055 provides that the planning commission shall not recommend approval and the city council shall not approve a tentative subdivision map if any of the following findings are made:
A. That the proposed tentative subdivision map is not consistent with the city’s general plan or its elements or other applicable plans;
The proposed map is consistent with the General Plan because it will provide individual lots with adequate access and utility services to be developed with single family homes.
B. That the design or improvement of the proposed subdivision is not consistent with the city’s general plan or its elements or any other applicable plans;
The proposed improvements for the subdivision are consistent with the City’s General Plan, Watson Ranch Specific Plan, and the Watson Ranch Development Agreement, including the size of individual lots, as analyzed in the staff report for this project.
C. That the site is not physically suitable for the type of development proposed; The subdivision site is physically suitable for the type of development because it is adjacent to existing residential development, the subdivision is designed to accommodate the proposed 25 single-family homes.
D. That the site is not physically suitable for the proposed density of development proposed; The site is physically suitable for the proposed density of development because the density of development will comply with the limits set out in the Watson Ranch Specific Plan and can be improved and provided with necessary utilities to serve the future development.
E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; The subdivision and related improvements would not adversely affect wildlife habitat areas, as described in the Watson Ranch Environmental Impact Report (SCH # 2015022030), approved by the City Council on November 6, 2018.
F. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
The subdivision improvements are consistent with the improvements provided for other development in the City and are not likely to cause serious health problems.
G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the city council may approve a tentative subdivision map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to one previously acquired by the public. This subsection shall apply only to easements of record or to 239
easements established by judgment of a court of competent jurisdiction and no authority is granted to the city council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision;
The project poses no conflicts with easements.
H. That the discharge of wastewater, including sewage and stormwater runoff, from the proposed subdivision would result in a violation of existing water quality requirements prescribed by the regional water quality control board.
All wet utilities are already constructed (stubbed) along Cartier Street. There will be no conflicts with the regional water quality board.
Because none of the findings to disapprove the proposed subdivision can be made, the Vesting Tentative Subdivision Map for Watson Ranch Lot 8 (PL22-0024); is recommended for approval, subject to the following conditions.
SECTION 3: CONDITIONS OF APPROVAL
The Watson Ranch Lot 8 VTM incorporates specific conditions of approval included as Exhibit A, and the adopted Master Conditions of Approval for the AC-1 Portion of Watson Ranch (Resolution No. 2020-106) as Exhibit B to this Resolution.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 16th day of April, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
Leon Garcia, Mayor
ATTEST:
_______________________________ ____________________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 240
EXHIBITS:
A. Watson Ranch Lot 8 VTM Conditions of Approval
B. Master Conditions of Approval for AC-1 Portion of Watson Ranch (Resolution 2020-106) C. Vesting Tentative Subdivision Map for Watson Ranch Lot 8 (PL22-0024) 241
ATTACHMENT 1.1
1 EXHIBIT A
SPECIFIC CONDITIONS – WATSON RANCH LOT 8 VESTING TENTATIVE MAP Planning Conditions
APPROVAL, EXHIBITS, AND EXPIRATION
Specific
Condition Developer Obligations
Mechanism Implementation Status
1. The Vesting Tentative Subdivision Map for Watson Ranch Phase Lot 8 (PL22-0024; APN 059-430-012 and 059-430-
037) (sometimes referred to herein as “Watson Ranch Lot 8 VTM” and sometimes referred to herein as the “Project”) to subdivide Large Lot 8 (approximately) into 25 single-family house lots and 3 parcels, is approved as shown on the
Vesting Tentative Map for Watson Ranch Lot 8 prepared by Carlson, Barbee & Gibson, revised through March, 2024,
consisting of multiple sheets, marked “Exhibit C” to the Resolution approving Watson Ranch Lot 8 VTM, and on file in the Community Development Department. The final map
for Watson Ranch Lot 8 VTM is referred to herein as the “Final Map.”
Watson
Ranch Lot 8
VTM
Final Map
Recordation
Applicable
2. The Master Conditions adopted for the AC-1 Portion of the Watson Ranch Specific Plan are attached hereto and
incorporated herein by this reference as if set forth herein in full, and shall apply to the Project where relevant, i.e., where such Master Conditions set general principles
applicable to all Parcels comprising the AC-1 portion of the Watson Ranch Specific Plan, and/or where such Master
Conditions set specific requirements relating to Lot 8, which Lot 8 comprises the land within the Watson Ranch Lot 8
VTM.
SIA (Site
Improvement
Agreement)
Execution of SIA Applicable
3. Development of the subdivision and the individual lots comprising Watson Ranch Lot 8 VTM shall be subject to the Watson Ranch Lot 10 Residential Design Guidelines, on file in the Community Development Department, because
Watson Ranch Lot 8 is an extension of Watson Ranch Lot
10. Design
Guidelines
Building Permit Applicable
4. WATSON RANCH LOT 8 VTM shall have that life set forth in the Watson Ranch Specific Plan Development Agreement
(Development Agreement).
Development
Agreement
Final Map Applicable
5. Applicant 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 Development Agreement.
Development
Agreement
Final Map Applicable
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2 6. Applicant shall be responsible for paying for charges related to the processing of WATSON RANCH LOT 8 VTM as set
forth in the Development Agreement.
Development
Agreement
Final Map Applicable
7. Compliance of the Project with City’s Inclusionary Housing Requirements is as set forth in the Development
Agreement.
Development
Agreement
Sale of Parcel
24 (Lemos
Pointe
Apartments)
Completed
8. Applicant shall make all public dedications shown on WATSON RANCH LOT 8 VTM through the Final Map, and
City shall accept those public dedications.
Final Map Recordation Applicable
9. According to the Watson Ranch Specific Plan Section
A.4.2.2, equal concern should be given to side elevations on corner lots and rear elevations where visible to the public.
Enhanced aesthetic wrapping shall be provided for the side and rear of homes visible to the public located on Lot 1 and Lot 25. Enhanced elevations do not apply to Lots 2 to 24.
WRSP Building Permit
Issuance
Applicable
10. Prior to the issuance of the first building permit, the applicant shall provide a landscaping plan for Parcels A, B, and C. Parcels B and C shall be designed similar to the paseo between Pewter St and Marcus Rd in Watson Ranch Lot 10.
City
Standards
Building Permit
Issuance
Applicable
10a. Prior to certificate of use and occupancy for Lot 1, the applicant shall landscape Parcel A.
City
Standards
Building Permit
Final
Applicable
Public Works Conditions
GENERAL CONDITIONS OF APPROVAL
Specific
Condition Developer Obligations Mechanism Implementation Status
11. Applicant’s responsibility for fees and costs relating to Final Map check, Improvement Plans check, inspections,
and all other related City acts shall be as set forth in the Development Agreement.
Development
Agreement
Relevant City Act Applicable
12. All improvements shall be designed in accordance with the City’s American Canyon Municipal Code (ACMC),
Engineering Standard Plans and Specifications for Public Improvements (City Standards), except as specifically
noted otherwise in these Specific Conditions or the
Development Agreement.
City
Standards
Relevant SIA,
Building Permits,
Certificates of
Occupancy
Applicable
13. All proposed new utilities to serve the Project, both onsite and along Project frontages, shall be placed underground. Exceptions may be allowed for surface
mounted transformers, pedestal mounted terminal
boxes, and meter cabinets.
Specific
Conditions
SIA Applicable
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3 14. Unless otherwise explicitly permitted by the
Development Agreement, all existing wells, septic tanks and/or underground fuel storage tanks shall be
abandoned under permit and inspection of Napa County
Department of Environmental Services or other
designated agency. If there are none, the Project
engineer shall provide a letter describing the scope of the search done to make this determination.
Development
Agreement
Relevant Permit Applicable
15. A detailed Soils Investigation/Geotechnical Report shall be prepared and submitted for review. The report shall
address, at a minimum, potential for liquefaction, Rvalues, expansive soils and seismic risk. The improvement plans shall incorporate all design and
construction criteria recommended in the Geotechnical
Report.
Specific
Conditions
Improvement
Plans Submittal
Applicable
16. A Drainage Report prepared by a California Registered Civil Engineer shall be submitted for review with the
initial submittal of the Improvement Plans. The Drainage Report shall include hydrologic and hydraulic
calculations to support the design and sizing of all public and private drainage facilities including storm drains, detention facilities, and weirs. The report shall include hydraulic grade line profiles for all proposed storm
drains for the 10-year, 25-year and 100-year storm
events.
Specific
Conditions
Improvement
Plans Submittal
Applicable
17. A detailed Post-Construction Stormwater Control Plan (SWCP) that identifies and sizes all permanent postconstruction stormwater treatment BMPs shall be prepared and submitted for review approval. The Plan
shall be prepared in accordance with the latest edition of the Bay Area Stormwater Management Agencies
Association (BASMAA) Post-Construction Manual and the
requirements of the State Water Resources Control
Board Phase II Municipal Separate Storm Water System
(MS4) General Permit (Order 2013-0001 DWQ).
Specific
Conditions
Improvement
Plans Submittal
Applicable
18. A Post Construction Stormwater Operations and
Maintenance Plan that includes a plan sheet showing all storm drain and water quality infrastructure that is to be maintained, along with detailed instructions and
schedules for the ongoing maintenance and operation of
all post-construction stormwater BMPs shall be
submitted for review and approval by the City Engineer.
Once approved, the Applicant shall enter into an
agreement (transferrable to future Homeowner’s
Association) with the City that provides the terms,
Specific
Conditions
Improvement
Plans Submittal
Applicable
244
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4 conditions, and security associated with the ongoing
requirements of the Post Construction Stormwater Best
Management Practices.
19. Final Maps, as defined in the Subdivision Map Act, shall be prepared by a licensed surveyor or civil engineer.
Final Maps shall show all lots, parcels, rights-of-way, and easement(s), and shall be submitted to the City Engineer for review. Final Maps shall be in substantial
conformance with the approved VTM WATSON RANCH
LOT 10 and all applicable Conditions of Approval. Final Maps shall be approved by the City and recorded with
the Napa County Recorder. Closure calculations shall be provided at the time of each initial Final Map submittal.
All calculated points within the Final Maps shall be based upon one common set of coordinates. All information
shown on the Final Maps shall be directly verifiable by information shown on the closure calculation printout.
The point(s) of beginning shall be clearly defined. All lot acreages shall be shown on the Final Maps and shall be
verifiable from information shown on the closure
calculation printout. A current title report shall be
submitted at the time of each initial Final Map submittal.
Specific
Conditions
Final Map
Approval and
Recordation
Applicable
20. Where relevant, Applicant shall secure all necessary rights-of-way and public and private easements for both onsite and offsite Public Improvements, pursuant to the Development Agreement. Public rights-of-way and
easements shall be dedicated to the City on the Final
Map or granted by separate instrument, all pursuant to
the Development Agreement. If granted by separate
instrument, Applicant shall prepare all necessary legal descriptions and deeds.
Specific
Conditions
Final Map
Dedication and
Recordation
Applicable
21. To the extent any offsite Public Improvements require the acquisition of property not currently owned by
Applicant or the City, the Development Agreement shall
apply, and if the Development Agreement does not
address the issue, the California Subdivision Map Act
shall apply.
Specific
Conditions
Final Map
Submitted
Applicable
22. Applicant shall transmit by certified mail a copy of VTM WATSON RANCH LOT 8 (ADJUSTED PARCEL B) to each
public entity or public utility that is an easement holder of record on the land comprising the Final Map.
Specific
Conditions
Pre Final Map
Recordation
Applicable
23. Applicant shall submit all site Improvement Plans,
prepared by a registered Civil Engineer, for review and approval of the City. Please be aware that this is
separate submittal from the building permit application.
The final plan set shall include all civil, landscape and Specific
Conditions
Improvement
Plans Submittal
Applicable
245
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5 joint trench drawings under a single cover sheet.
Applicant shall submit a Rough Grading Plan for all
phases for review and approval of the City. Rough
Grading Plan approval and site grading may commence
prior to Improvement Plan and Final Map approval. An
Encroachment Permit shall be required for any work
within City right of way, unless explicitly not required by the City.
24. All Public Improvements, including without limitation street, water mains, sewer mains, recycled water
facilities, and storm drains shall be clearly labeled as "Public" on the Improvement Plans, along with clear
demarcation points where they become Public.
Likewise, all Private Improvements, including without
limitation, retention basins, shall be clearly labeled as "Private " on the Improvement Plans, along with clear
demarcation points.
Specific
Conditions
Improvement
Plans Submittal
Applicable
25. Cathodic protection shall be provided for all water valves, fittings, hydrants, meters, backflow devices and other metal appurtenances, regardless of the findings of any soils corrosivity analysis. Cathodic protection details shall be included in the Improvement Plans.
City
Standards
During
Construction
Applicable
26. All public water service laterals or services (domestic, recycled and fire water) shall include approved backflow prevention devices.
City
Standards
During
Construction
Applicable
27. Applicant shall keep adjoining public streets free and clean of Project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.
Specific
Conditions
During
Construction
Applicable
28. If any hazardous material is encountered during any construction, all construction work shall immediately
stop, and the Fire Department, Napa County Department
of Environmental Services, or other designated agency,
and the City Inspector, shall be notified immediately.
Construction work shall not recommence until clearance
has been issued by appropriate agencies.
Specific
Conditions
During
Construction
Applicable
29. Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall be
installed, and service connections stubbed out behind
the sidewalk. All public utilities, cable TV, sanitary
sewers, and water lines, shall be installed in a manner that, where possible, will not result in disturbing the street pavement, curbs, gutters, and sidewalks when
future service connections or extensions are made.
Specific
Conditions
During
Construction
Applicable
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6 30. Where soil or geologic conditions encountered in
grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the
recommendations contained in the original soil
investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer.
Additionally, if field conditions warrant installation of any subdrains, the location, size and construction details shall be provided to the City for review and approval
prior to construction.
Specific
Conditions
During
Construction
Applicable
31. All new fire hydrants shall be covered with burlap
coverings until the hydrants have been tested and found to be in conformance with City flow requirements. No
storage of combustible materials or construction of
building(s) shall be permitted on-site until all hydrants meet City flow requirements, or until alternative fire
protection measures are in place, as determined by the
City.
Specific
Conditions
Pre- and during
construction
Applicable
32. Prior to placing the final lift of asphalt, all public storm drains and sanitary sewer lines shall be video inspected at Applicant's expense. All video tapes shall be
submitted to the City. If any inadequacies are found by City, such inadequacies shall be repaired prior to the
placement of the final lift of asphalt.
Specific
Conditions
Prior to placing
the final lift of
asphalt
Applicable
33. All streets, curbs, gutters, sidewalks, or other public facilities damaged in the course of construction
associated with the Project shall be the responsibility of Applicant and shall be repaired to the satisfaction of the City, at Applicant's expense.
Specific
Conditions
During and post
Construction
Applicable
34. After all of the new underground utilities within public streets have been installed, where necessary, the
affected areas shall be milled and repaved to present a neat finished pavement area. Multiple trench patches
are not acceptable.
Specific
Conditions
SIA Applicable
35. All construction stormwater pollution prevention best management practices (BMP's) shall be installed as the
first order of work and in accordance with the State
Water Resources Control Board's General Construction
Permit for Stormwater Discharges Associated with
Construction and Land Disturbance Activities (Order
2022-0057-DWQ) and Applicant's Storm Water Pollution
Prevention Plan (SWPPP). All stormwater BMP's shall be
maintained to the satisfaction of the Qualified SWPPP
Specific
Conditions
Pre-Construction Applicable
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7 Developer (QSD), Qualified SWPPP Practitioner (QSP),
and the City Engineer.
36. Construction and grading activities on the site shall be limited to the hours between 7:00 a.m. and 6:00 p.m.,
Monday through Friday, and 9:00 a.m. and 5:00 p.m. on
Saturday. Work on Sunday and holidays shall require
approval from the City Engineer. If Sunday and/or
holiday work is approved, construction and grading
activities on the site shall be limited to the hours
between 10:00 a.m. and 6:00 p.m. on Sundays and State
and Federal holidays.
Specific
Conditions
Any Construction
and Grading
Activity
Applicable
37. In accordance with the Development Agreement, City
shall execute any and all Will-Serve Letter(s) and Water Supply Report(s) that will quantify the new potable
water demand for the proposed development and will
identify the necessary mitigation for the development’s demands with "wet-water" offsets with one or more of
the options set forth in the Development Agreement.
Specific
Conditions
Relevant Permit Applicable
38. All Public Improvement landscaping shall be designed to use recycled water for irrigation. Recycled water
landscaping shall be designed to comply with California Code of Regulations Title 22 and shall include design
details to prevent runoff of recycled water. The
irrigation system shall include an ET/SMART controller.
Specific
Conditions
Improvement
Plans Submittal
Applicable
39. With the exception of water used for loading and testing of potable water lines, all construction water used for the project shall be obtained from a source other than
American Canyon potable water sources. The Applicant
shall provide verification that an outside source of
construction water, e.g., recycled water, has been
established and will be available for the duration of the project construction.
Specific
Conditions
During
Construction
Applicable
SPECIAL CONDITIONS OF APPROVAL
Specific
Condition
Developer Obligation Mechanism Implementation Status
40. Prior to RECORDATION OF THE FINAL MAP, the Applicant shall:
a. Construct all of the Public and Private
Improvements to the satisfaction of the City.
Alternatively, the Applicant may enter into a
Subdivision Improvement Agreement with the City
agreeing to complete all of the Public and Private
Specific
Conditions
Final Map Applicable
248
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8 Improvements prior to Occupancy of the first unit.
Such an Agreement will require the Applicant to
provide bonds, proof of workers compensation
insurance, and general liability insurance in the
forms and amounts as deemed satisfactory to the
City.
b. Generally, in substantial conformance with that
which is shown on the approved VTM WATSON
RANCH LOT 8 (ADJUSTED PARCEL B), convey all
easements and dedications, public and private, for
the construction, use and/or maintenance of roads
or other access, drainage facilities, utilities and postconstruction storm water management facilities on the Final Map or by separate instruments. All
dedications to the City shall be irrevocable offers of
dedication. Specific public offers of dedication
include:
i. Approximately 243 square feet of additional
right-of-way for public road and utility purposes
for the Cartier Court.
ii. Parcels B though C for public purposes.
iii. Public utility easements (PUEs) as shown on the
VTM WATSON RANCH LOT 8 (ADJUSTED
PARCELB).
c. Furnish proof of the payment of the mapping service
fee as required by Napa County Board of Supervisors
Resolution No. 92-119.
41. Prior to release of Project Bonds, Applicant shall:
a. Submit an inspector's punch list indicating that all of the improvements are constructed to the
satisfaction of the City Engineer.
b. Restore all adjacent off-site road surfaces to preProject conditions. c. Submit a certification by the Geotechnical Engineer
of Record that all the work has been completed in
substantial conformance with the
recommendations in Soils
Investigation/Geotechnical Report.
d. Submit testing certification all backflow devices
installed.
e. Provide a bond and digital copy of the
Improvement Plans and Rough Grading Plans that
include all as-built or field changes, in digital
AutoCAD (.dwg) compatible with the City's current
version.
Specific
Condition
Prior to release
of project
Bonds.
Applicable
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9 f. Provide proof that all relevant Conditions of
Approval have been satisfied.
g. Provide a letter from the Civil Engineer of Record
certifying that all the site improvements were
constructed in substantial conformance with the
approved Improvement Plans and City Standards.
h. Provide proof from the Architect of Record,
Structural Engineer of Record and/or other design
professionals who signed the building permit plan
submittal indicating that all building improvements
have been constructed in substantial conformance
with relevant plans.
i. Execute Post-Construction Stormwater Operations
and Maintenance Agreement with the City.
j. Enter into a Recycled Water User’s Agreement with
the City.
Fire District Conditions
GENERAL - FIRE
Specific
Condition
Developer Obligation Mechanism Implementation Status
42. In accordance with the standard mitigation measures and conditions of approval set forth by the American Canyon Fire Protection District, the developer shall pay the Fire and Paramedic Impact Fee.
Specific
Condition
Issuance of
Building Permit
Applicable
43. Fire District plan review shall be based on the information submitted at the time of permit application. Any changes to the approved/permitted scope of work including additions, alterations, demolition, repair or a change in occupancy/use may impact the Project requirements, including but not
limited to the installation of additional fire protection systems or components.
Specific
Condition
Relevant Permit Applicable
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10 ACCESS - FIRE DEPARTMENT
Specific
Condition
Developer Obligation Mechanism Implementation Status
44. Fire Apparatus Access Roads shall be designed in accordance with provisions set forth in the California Fire Code Chapter 5 and Appendix D as amended by the American Canyon Fire
Protection District and the applicable Public Works Standard.
Specific
Condition
PreConstructionApplicable
45. Fire apparatus access shall be provided to within 150 feet of the most remote portions of all buildings from an approved exterior route. The final design of fire department access components shall be reviewed and approved by the Fire Chief prior to installation.
Specific
Condition
PreConstructionApplicable
46. Fire apparatus access roads shall have an unobstructed minimum width of 20 feet (curb to curb) and a minimum
unobstructed vertical clearance of 13’ 6”. They shall have an all-weather paved surface capable of supporting a GVW of 71,000 pounds.
Specific
Condition
PreConstructionApplicable
47. Access roads shall be completed with all-weather surfaces prior to the stockpiling of combustible materials or beginning combustible construction.
Specific
Condition
PreConstructionApplicable
48. When required by the chief, fire apparatus access roads shall be designated as Fire Lanes and appropriate signs and/or markings installed in accordance with the California Vehicle Code and approved City standards.
Specific
Condition
PreConstructionApplicable
PROTECTION - FIRE
Specific
Condition
Developer Obligation Mechanism Implementation Status
49. Fire Protection systems shall be installed in accordance with provisions set forth in the California Fire Code as amended by the American Canyon Fire Protection District and the applicable National Fire Protection Association Standard.
Specific
Condition
Relevant Permit Applicable
50. Plans and calculations for all fire protection systems and features shall be submitted and approved prior to the issuance of a building permit.
Specific
Condition
Building Permit Applicable
51. An approved water supply capable of supplying the required fire flow for fire protection systems shall be provided to all premises upon which facilities or buildings are hereby
constructed or moved into or within the City. Required fire flow Specific
Condition
Relevant Permit Applicable
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11 and hydrant distribution shall be in accordance with Appendix B and C of the California Fire Code.
52. All required inspection testing and maintenance of the water delivery system including hydrants and valves shall meet the standards adopted by the California State Fire Marshal and the American Canyon Fire Protection District including but not limited to the most current adopted editions of the California Code of Regulations Title 24, Part 9 (California Fire Code) and adopted NFPA Standards.
Specific
Condition
SIA Applicable
CONSTRUCTION - FIRE
Specific
Condition
Developer Obligation Mechanism Implementation;
Parcel #
Status
53. New buildings and additions to existing buildings shall conform to requirements set forth in the currently adopted editions of the California Building Code, California Fire Code, city standards and nationally recognized standards.
Specific
Condition
Relevant Permit Applicable
54. Buildings undergoing construction shall maintain fire safety at all times. Construction practices shall be in accordance with Chapter 14 of the California Fire Code. Hot work shall be performed in accordance with Chapter 26 of the California Fire Code.
Specific
Condition
During
Construction
Applicable
252
12 APPLICABLE MITIGATION MEASURES FROM THE WATSON RANCH PROGRAM EIR Mitigation Measures with strikethrough text do not apply.
Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification of
Completion
Date Initial
Section 4.1: Aesthetics
Mitigation Measure 4.1-1: Water Tank Visibility. As required by the 2004 Proposed Water Tanks (2) Mitigated Negative Declaration, construction plans for the Zone 3 water tank shall incorporate the following mitigation:
1. A landscaped earthen berm shall be constructed around the tank site to eliminate direct views of the water tank as much as feasible from the areas surrounding the tank site. The earthen berm shall be landscaped with trees and other vegetation suitable to the City, such as evergreen trees, to screen the water tank from surrounding areas, reduce soil erosion, and blend the berm with the surrounding vegetation.
2. The water tank shall be painted a neutral color deemed appropriate by the City so the tank blends with the surrounding hillside vegetation as much as possible.
Approval of
water tank
plans
Prior to issuance
of grading
permit
City of
American
Canyon
3/22/2024
WH
Mitigation Measure 4.1-3: Lighting Plan. Prior to any site disturbance activities, the Project Applicant shall submit a construction lighting plan to the City for approval. The construction lighting plan shall ensure that the minimum amount of lighting is used to meet safety requirements and to ensure that limited spillover occurs to nearby sensitive uses. All lighting shall be directed downward and away from surrounding land uses.
Approval of
construction
lighting plan
Prior to any site
disturbance
activities
City of
American
Canyon
253
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13 Section 4.2: Air Quality and Greenhouse Gas Emissions Mitigation Measure 4.2-1: Construction Fugitive Dust Emissions. The following Bay Area Air Quality Management District (BAAQMD) Best Management Practices (BMPs) and additional mitigation measures for fugitive dust control shall be required for all construction activities within the project area. These measures would reduce fugitive dust emissions primarily during soil movement and grading, but also during vehicle and equipment movement on unpaved project sites.
Basic BMPs that Apply to All Construction Sites
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off site shall be covered.
3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
5. All streets, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of CCR). Clear signage shall be provided for construction workers at all access points.
7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
Notes on
construction
plans; site
inspections to
verify BMPs are
implemented
During
construction
activities
City of
American
Canyon
254
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14 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
8. A publicly visible sign shall be posted with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action, if necessary, within 48 hours. BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
Additional BMPs that Apply to All Construction Sites
1. All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content may be verified by lab samples or moisture probe.
2. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
3. Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction. Wind breaks shall have at maximum 50 percent air porosity.
4. For areas that are to remain open space (e.g., not a road, building, or otherwise structurally covered area), vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established.
5. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
6. Site accesses to a distance of 100 feet from the paved road shall be treated with a 6- to 12-inch compacted layer of wood chips, mulch, or gravel.
7. Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than 1 percent.
Before starting on-site construction activities, the contractor or Project Applicant shall submit a site-specific dust control plan (Plan) to the American Canyon Planning Division for review and approval. The Project Applicant shall ensure that all applicable requirements of the Plan have been incorporated into the contract specifications. The Plan shall state, in reasonable detail, how the Contractor shall meet the requirements above. The Plan shall include a certification statement that the Contractor agrees to comply fully with the Plan. 255
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15 Mitigation Measure 4.2-2: Operational Emissions Reductions. The total reduction in ROG and NOX emissions that would be achieved from implementation of Mitigation Measure 4.2-2a, the TDM program, and Mitigation Measure 4.2-2b, the CAP mitigation strategies, would be calculated at the time the final TDM program and CAP strategies are determined. If the ROG and NOX emissions reduction from implementation of Mitigation Measures 4.2-2a and 4.2-2b are determined by a qualified air quality expert to reduce the project’s emissions to below the BAAQMD operational thresholds contained in the 2017 BAAQMD CEQA Air Quality Guidelines, no further mitigation would be required. If the ROG and NOX emissions reduction from implementation of Mitigation Measures 4.2-2a and 4.2-2b do not reduce the project’s emissions to below the BAAQMD operational thresholds identified in the 2017 BAAQMD CEQA Air Quality Guidelines, Mitigation Measure 4.2-2c, purchase of emission offsets, would be pursued.
Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification of
Completion
Date Initial
Mitigation Measure 4.2-2a (same as Mitigation Measure 4.12-3a in Section 4.12, Transportation and Traffic): Transportation Demand Management (TDM) Program. Prior to issuance of the first building permit for the non-residential use areas (i.e., Napa Valley Ruins & Gardens [NVR&G] and hotel), the Project Applicant shall develop a TDM program for the non-residential use areas (i.e., NVR&G and hotel) and shall submit the TDM program to the City Department of Public Works for review and approval. A qualified air quality expert shall prepare a calculation of the ROG and NOX emissions reductions that would result from implementation of the TDM program. The Project Applicant shall be responsible for funding and overseeing the delivery of trip reduction/TDM proposed programs and strategies, which may include, but are not limited to, the following:
1. Establishment of carpool, buspool, or vanpool programs;
2. Vanpool purchase incentives;
3. Cash allowances, passes or other public transit subsidies and purchase incentives;
4. Preferential parking locations for ridesharing vehicles; Approval of TDM
Program
Prior to issuance
of first building
permit
for the
nonresidential
use area (i.e.,
NVR&G and
hotel)
City of
American
Canyon
3/21/2024
WH
256
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16 5. Computerized commuter rideshare matching services;
6. Guaranteed ride-home program for ridesharing;
7. Bicycle programs including bike purchase incentives, storage, and maintenance programs;
8. On-site car share and bike share service;
9. Preparation of a Parking Management Plan to address parking accommodations for large events; 10. Designation of an on-site transportation coordinator for the project;
11. Transit and trip planning resources such as commute information kiosk;
12. Employer-provided showers, changing rooms, and clothing lockers for office employees that commute via active transportation;
13. Bicycle route mapping resources;
14. Participation in future citywide Transportation Management Association (TMA); and
15. Submit annual reports to the City regarding TDM activities.
Mitigation Measure 4.2-2b: Operational Emissions Reduction Strategies. To reduce ROG and NOX emissions within the project site, the project shall include feasible operational emissions reduction strategies as part of its final design. The specific strategies may include, but are not limited to, the measures described below; however, other measures may be implemented:
○ Prior to issuance of the first building permit for each phase of the project, the Project Applicant shall develop operational emissions reduction strategies, which could include the mitigation strategies identified in Table 4.2-8, Summary of Operational CAP Mitigation Strategies, to provide options for reducing ROG and NOX emissions from operation of the project. The operational emissions reduction strategies shall be submitted to and approved by the City, prepared by a qualified air quality technical expert, and evaluate the emissions reduction strategies in relation to the project’s emissions.
Recommendations
from Air Quality
Technical Report
that identify
updated project
emissions
calculations and
feasible
operational
emissions
reduction
strategies
Prior to issuance
of the first
building permit
for the project
City of
American
Canyon
257
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17 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
Table 4.2-8 Summary of Operational CAP Mitigation Strategies Description ROG NOX
Exceed 2016 Title 24 (15%) 0.19 1.67
Solar Water Heating 0.15 1.31
Residential Electric Vehicles 0.09 0.49
Non-Residential EV Charging (5% of spaces) 0.17 0.93
Preferential parking locations for ridesharing vehicles; Computerized commuter rideshare matching services; and/or Guaranteed ride-home program for ridesharing
0.44 3.01
On-site car share and bike share service 0.08 0.46
Unbundled parking; shared parking; eliminate on-street parking 0.13 0.93 Bicycle and pedestrian network 0.13 0.91
Reduce distance to major transit stop 0.52 3.57
Expand transit coverage 0.06 0.40
Other Traffic Reductions (every additional 1%) 0.20 1.15 Smart Traffic Signals (or Traffic Signal Synchronization) 0.60 3.44 Solar swimming pool heating 0.03 0.25
Electrify landscaping equipment 0.15 0.06
SOURCE: Refer to Tables Ops-7 through Ops-13, in EIR Appendix B2.
NOTE:
a. Measures are not all additive. See detailed assumptions and magnitudes assumed for each measure in source above.
Approximate
CAPReduction
(lb/day)
a
258
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18 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
Mitigation Measure 4.2-2c: Purchase Emission Offsets. Prior to the issuance of the final Certificate of Occupancy for Phase 1 or prior to the issuance of the first residential building permit in Phase 2, whichever occurs first, the Project Applicant would, partially or wholly, purchase offset credits if determined to be feasible based on information available at the time implementation would be required. To reduce ROG and NOX emissions depending on the reductions achieved through Mitigation Measure 4.2-2a and Mitigation Measure 4.2-2b, and if this mitigation is implemented. ○ The Project Applicant or its designee shall pay a mitigation offset fee to the BAAQMD Bay Area Clean Air Foundation (Foundation)1 in an amount to be determined at the time of the impact. The fee would offset emissions that exceed the threshold of significance after implementation of Project- Level Reduction Strategies and the TDM Program described above to the extent feasible.
○ The Project Applicant would implement Mitigation Measure 4.2-2c through payment of a mitigation offset fee to the BAAQMD’s Foundation in an amount not to exceed $30,000 per weighted ton per year of ozone precursors per year requiring emissions offsets plus a 5 percent administrative fee to fund one or more emissions reduction projects within the San Francisco Bay Area Air Basin (SFBAAB). The fee shall be determined by the City of American Canyon Planning Division in consultation with the Project Applicant and be based on the type of projects available at the time of the payment. The offset fee is calculated to be “roughly proportional” to the operational air quality impacts. Documentation of payment shall be provided to the City of American Canyon or its designated representative.
The current process for payment of offset fees is detailed above. As required by this mitigation measure, payment of offset fees would proceed according to BAAQMD procedures when initiated. The Project Applicant or its designee would enter into a memorandum of understanding (MOU) with the BAAQMD’s Foundation. The MOU would include details regarding the funds to be paid, the administrative fee, and the timing of the emissions reduction project. Acceptance of this fee by the BAAQMD shall serve as an Bay Area Air
Quality
Management
District
Memorandum of
Understanding
Prior to the
issuance of the
final Certificate
of
Occupancy for
Phase 1 or prior
to the issuance
of the first
residential
building permit
in Phase 2,
whichever
occurs
first
City of
American
Canyon
1 More information on the Bay Area Clean Air Foundation can be found at Bay Area Air Quality Management District (BAAQMD), Bay Area Clean Air Foundation, 2015, available at http://www.baaqmd.gov/about-the-air-district/bay-area-clean-air-foundation. 259
[Version: 03.21.24]
19 acknowledgment and commitment by the BAAQMD to (1) implement an emissions reduction project(s) within a timeframe to be determined based on the type of project(s) selected and after receipt of the mitigation fee to achieve the emission reduction objectives specified above, and (2) provide documentation to City of American Canyon or its designated representative and to the Project Applicant describing the amount of and the project(s) funded by the mitigation fee, including the amount of emissions of ROG and NOX reduced (tons per year) within SFBAAB from the emissions reduction project(s). If there is any remaining unspent portion of the mitigation offset fee following implementation of the emission reduction project(s), the Project Applicant shall be entitled to a refund in that amount from the BAAQMD. To qualify under this mitigation measure, the specific emissions retrofit project must result in emission reductions within SFBAAB that would not otherwise be achieved through compliance with existing regulatory requirements.
Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
Mitigation Measure 4.2-3a: Architectural Coatings. The applicant shall use low-VOC architectural coatings during construction for all buildings, which shall have VOC content that is more stringent than local requirements prescribed in Bay Area Air Quality Management District (BAAQMD) Regulation 8 Organic Compounds, Rule 3 Architectural Coatings as revised on July 1, 2009. Coatings that meet the “super-compliant" VOC standard of less than 10 grams of VOC per liter of paint would qualify.
Notes on
construction
plans indicating
the use of lowVOC
architectural
coatings during
construction of
all buildings
Prior to issuance
of building
permits
City of
American
Canyon
260
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20 Mitigation Measure 4.2-3b: Tier 4 Construction Equipment. To reduce construction emissions to below the 2017 BAAQMD CEQA Air Quality Guidelines, prior to start of construction activities after the occupancy of Phase 1, the Project Applicant shall submit to the City either:
● Documentation showing that all off-road construction equipment used prior to the start of construction activities after the occupancy of Phase 1 with greater than 25 hp and operating for more than 20 hours total over the entire duration of construction activities shall have engines that meet or exceed either U.S. Environmental Protection Agency (USEPA) or California Air Resources Board (CARB) Tier 4 off-road emission standards. or,
● Provide supplemental analysis prepared by a qualified air quality specialist to show that emissions of ROG and NOX would not exceed the thresholds from the 2017 BAAQMD CEQA Air Quality Guidelines using other methods.
Documentation
of compliance
with the 2017
BAAQMD
CEQA Air Quality
Guidelines based
on the type of
construction
equipment used
or supplemental
analysis
prepared by a
qualified air
quality specialist
Prior to the start
of construction
activities after
the occupancy of
Phase 1
City of
American
Canyon
Mitigation Measure 4.2-5: Construction Emissions Minimization. To reduce construction emissions to below the thresholds identified in the 2017 BAAQMD CEQA Air Quality Guidelines, prior to the start of construction of each of the following—Phase 1 area south of the NVR&G and the off-site Rio Del Mar roadway improvements and Phase 4—the Project Applicant shall submit to the City either:
● Documentation showing that all off-road construction equipment used in the southwestern portion of Phase 1 of construction (located directly south of Napa Valley Ruins & Gardens), the entirety of Phase 4 of construction, and the off-site Rio Del Mar roadway improvements with greater than 25 hp and operating for more than 20 hours total over the entire duration of construction activities shall have engines that meet or exceed either U.S. Environmental Protection Agency (USEPA) or California Air Resources Board (CARB) Tier 2 off-road emission standards and have been retrofitted with an CARB Level 3 Verified Diesel Emissions Control Strategy. Equipment with engines meeting Tier 4 Interim or Tier 4 Final off-road emission standards automatically meet this requirement.
or,
● Provide supplemental analysis prepared by a qualified air quality specialist to show health risks at on- and off-site sensitive receptors would not exceed the thresholds from the 2017 BAAQMD CEQA Air Quality Guidelines using other methods.
Documentation
of compliance
with the 2017
BAAQMD
CEQA Air Quality
Guidelines based
on the type of
construction
equipment used
or supplemental
analysis
prepared by a
qualified air
quality specialist
Prior to the start
of construction
of the Phase 1
area south of
the
NVR&G and the
off-site Rio Del
Mar
roadway
improvements
and
Phase 4
City of
American
Canyon
261
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21 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
Mitigation Measure 4.2-7: GHG Emissions Reductions. The total reduction in GHG emissions that would be achieved from implementation of Mitigation Measure 4.2-2a, the TDM program, and Mitigation Measure 4.2-7a, the GHG reduction strategies, would be calculated at the time the final TDM program and GHG reduction strategies are determined. If the GHG emissions reduction from implementation of Mitigation Measures 4.2-2a and 4.2-7a are determined by a qualified air quality expert to reduce the project’s emissions to below the operational thresholds of 2.67 MT CO2e per service population per year, no further mitigation would be required. If the GHG emissions reduction from implementation of Mitigation Measures
4.2-2a and 4.2-7a do not reduce the project’s emissions to below this threshold, Mitigation Measure 4.2-7b, purchase of GHG emission offsets, would be pursued. 262
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22 Mitigation Measure 4.2-7a: GHG Reduction Strategies. To reduce greenhouse gas (GHG) emissions within the project site and to maximize the project’s ability to achieve the GHG operational threshold of 2.67 MT CO2e per service population per year, the project shall include feasible operational GHG emissions reduction strategies as part of its final design.
The specific strategies of the program may include, but are not limited to, the measures described below; however, other measures may be implemented:
○ All development shall, at a minimum, meet the Title 24, Part 6 (2016), standards, or the most current Title 24, Part 6, standard, whichever is more conservative. All residences shall meet the anticipated 2019 Title 24 Standards to achieve Zero Net Electricity. The GHG emissions benefit from residential Zero Net Electricity was included in the unmitigated inventory.
○ Prior to issuance of the first building permit for each phase of the project, the Project Applicant shall identify operational GHG emissions reduction strategies that could include the strategies identified in Table 4.2-14, Summary of Operational GHG Mitigation Strategies, which provides options for reducing GHG emissions from project operation. The operational GHG emissions reduction strategies shall be submitted to and approved by the City, developed by a qualified air quality technical expert, and evaluate the emissions reduction strategies in relation to the project’s emissions.
Table 4.2-14 Summary of Operational GHG Mitigation Strategies Exceed 2016 Title 24 (15%) 354
Exceed 2016 Title 24 (15%, electricity only, non-residential only) 27 High-efficiency lighting 126
Purchase 100% renewable electricity (non-residential benefit only, as 709 residences assumed to achieve zero net electricity)
Zero net electricity—non-residential 709
Solar water heating 317
Solar panels 484
Calculations
from a GHG
technical expert
based on specific
strategies
incorporated
into the project
Prior to issuance
of
building permits
for each phase
City of
American
Canyon
Description
Approximate Reduction
MT CO2e/yeara
263
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23 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
Residential electric vehicles 352
Non-residential EV charging (5% of spaces; 54 total) 667 Preferential parking locations for ridesharing vehicles; computerized 807 commuter rideshare matching services; and/or guaranteed ride-home program for ridesharing
On-site car share and bike share service 54
Unbundled parking; shared parking; eliminate on-street parking 249 Bicycle and pedestrian network 244
Reduce distance to transit station 957
Expand transit coverage 107
Other traffic reductions (for every 1%) 137
Smart traffic signals (or traffic signal synchronization) 410 Institute recycling and composting services (additional 50% diversion) 1,334 Solar swimming pool heating 344
Planting trees 354
Electrify landscaping equipment 1.6
SOURCE: Refer to Tables Ops-14 through Ops-21 in EIR Appendix B2.
NOTE:
a. Measures are not all additive. See detailed assumptions and magnitudes assumed for each measure in source above.
264
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24 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Dat
e
Initia
l
Mitigation Measure 4.2-7b: Purchase GHG Emission Offsets. In order to determine whether or to what extent the purchase of GHG emissions offsets is necessary to reduce greenhouse gas (GHG) emissions for each year that the GHG emissions exceed the threshold of 2.67 MT CO2e per service population per year for the lifetime of the project (assumed to be 30 years), the operational GHG emissions reduction program described above in Mitigation Measure 4.2-7a will include a plan for the purchase of GHG offsets. The amount of offsets needed will take into account the GHG emissions reductions associated with the TDM program and the operational GHG emissions reduction program.
Additionally, the feasibility of offsets shall be evaluated at the time implementation would be required. If feasible, the plan shall include:
o The plan for the purchase of GHG offsets shall include timing requirements, which take into account calculations showing actual emissions of the project, which could take into account phase-in of occupancy, reductions in vehicle emissions, as well as other factors that affect emissions.
o GHG emission offsets could include any of the following sources: (1) the California Air Resources Board (CARB) quarterly allowance auctions held as part of its Cap-and-Trade Program; (2) the Greenhouse Gas Reduction Exchange (GHG Rx); or (3) Approved Registries recognized by the State of California, which currently include the Climate Action Reserve (CAR), American Carbon Registry (ACR), and Verra (formerly Verified Carbon Standard).
o The amount of offsets purchased shall depend on the cost per annual metric ton of CO2e reductions, the overall cost feasibility of this measure, which shall be determined based on information available at the time implementation would be required, and the on-site GHG reduction measures.
o To demonstrate compliance, the Project Applicant or its designee would provide the following documentary evidence to City’s Planning Division: An attestation from an Approved Registry or other source described above that the Project Applicant or its designee has retired a given quantity of carbon offsets. Offsets from the approved Calculations from a
GHG technical
expert based on
specific strategies
incorporated into
the project and, if
necessary and
feasible, attestation
from an Approved
Registry or other
source described
above regarding the
purchase of
required carbon
offsets
Evaluated prior
to issuance of
building permits
for each phase
City of
American
Canyon
265
[Version: 03.21.24]
25 sources above satisfy defined standards and incorporate principles of GHG emissions reduction accounting. These principles ensure the offsets use relevant methodologies and assumptions, represent additional reductions that would not otherwise be achieved by law, do not double count reductions, and are enforceable.
Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
Section 4.3: Biological Resources
Mitigation Measure 4.3-1a: Protocol-Level Surveys. Prior to issuance of a grading permit, written proof shall be submitted that a qualified botanist conducted preconstruction CDFW protocol-level surveys during the appropriate blooming periods for the 19 special-status plants (listed above in Table 4.3-1, Special Status Species Potentially Occurring in the Study area) within the WRSP site, off-site water improvement area (OSWA) and other off-site areas.
The qualified botanist shall conduct surveys to following performance standards. Typically, two surveys are required to capture the blooming periods of all the species. These surveys would be conducted in early spring between March and April and in summer between June and August to capture the flowering times of all species. Individual flowering times for these 19 species are included in the species accounts above. These surveys should be performed in compliance with CDFW (2018b) and USFWS (2002) published survey guidelines. A technical report prepared by the botanist describing the results of the survey shall be provided to the City for review and approval prior to issuance of a grading permit.
If no special-status plants are found during focused surveys, then these plants would be assumed to be absent from the WRSP site, OSWA, and other off-site areas. The botanist would document the findings in a technical memorandum to the lead agency, as appropriate, and no further mitigation would be required. If special-status plants are found during focused surveys, Mitigation Measure 4.3-1b shall be implemented.
Submittal of
technical
memorandum
Prior to
issuance of a
grading permit
City of
American
Canyon
Mitigation Measure 4.3-1b: Measures to Implement if Special-Status Plants Are Found. If special-status plants are found during focused surveys, prior to issuance of a grading permit, written proof shall be submitted that the following measures were implemented:
Issuance of a
Biology
Report and
Prior to
issuance of
grading permit
City of
American
Canyon,
266
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26 a. Information regarding the special-status plant populations shall be reported to the California Natural Diversity Database (CNDDB).
b. The Project Applicant in consultation with City, CDFW, and/or the USFWS (as appropriate) shall assess if any individual or population can be avoided during project implementation. If any viable populations can be avoided, the avoided areas shall be clearly marked in the field by a qualified botanist and avoided during construction activities.
Construction activities shall be set back a minimum of 100 feet or further in accordance with the recommendation of the qualified botanist. A qualified botanist shall monitor the avoided areas throughout the time that construction activities occur adjacent to the avoided areas where special-status plants occur and document the successful avoidance in a report to the City, and CDFW and/or the USFWS as appropriate. Before ground clearing or ground disturbance, all on-site construction personnel shall be instructed as to the species’ presence and the importance of avoiding impacts to this species and its habitat. c. If special-status plant populations are present and cannot be avoided or are found to have been impacted by project construction and operation activities, resulting in their mortality despite implementing the avoidance measures under the preceding Item b, consultations with the CDFW and/or the USFWS shall be required. A mitigation plan to compensate for the loss of special-status plant species shall be prepared and submitted for review and approval of the CDFW or the USFWS, as applicable. This plan shall be developed by a qualified botanist in consultation with the appropriate agencies, prior to the start of local construction activities in the area where the special-status plant populations are found. The mitigation plan shall conform to the following specific performance standards. The plan shall detail appropriate replacement ratios, which shall be a minimum of 1:1 based on area and number of plants and may be increased based on the recommendation of the botanist or the relevant resource agency to achieve no net
Mitigation
Plan, if
necessary
CDFW,
and/or
USFWS, as
necessary
267
[Version: 03.21.24]
27 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
loss of habitat. The plan shall describe the location of the mitigation site, methods for implementation (e.g., construction techniques, timing and sequencing, watering, soil properties, and other necessary specifications), success criteria (e.g., minimum 75 percent plant survival after 5 years, 75 percent vegetative cover by desirable species or comparable to existing conditions, and a viable, self-sustaining plant community), monitoring and reporting protocols, and contingency measures that shall be implemented if the initial mitigation fails. The mitigation plan may include the collection of seeds, propagules, and top soils under the supervision of a qualified botanist from the WRSP site for installation at the mitigation site. The mitigation site may be located on the WRSP site or in close proximity to the WRSP site. If on-site options are not available, off-site areas may be considered if the qualified biologist in consultation and the agencies agree that potentially impacted plants can be planted and/or propagated successfully. The mitigation plan shall be submitted to the City for approval prior to the issuance of permits that would affect the special-status plant population(s). d. If mitigation is required for loss of special-status plant populations, the Project Applicant shall establish, maintain, and monitor the mitigation area identified in the plan for 5 years following the completion of construction and restoration activities. Annual monitoring reports shall be submitted to the City and, if required, the resource agencies at the completion of restoration and for 5 years following restoration implementation.
Monitoring reports shall include photo-documentation, planting specifications, a site layout map, descriptions of materials used, and justification for any deviations from the mitigation plan.
Mitigation Measure 4.3-1c: Biological Resources Awareness Training Program. A USFWSapproved biologist shall conduct a biological resources awareness training session for all construction personnel prior to any ground-disturbing activities such as grading or vegetation removal. The performance standards for the training shall include a description of specialstatus species and their habitats, their status and regulatory protection, general protection measures to be implemented to protect special-status species and minimize take, and a delineation of limits of the work area as established by an approved biologist. General protection from project permits shall be included, to include construction speed limits, trash Completion of a
biological
resources
awareness
training session
Prior to any
ground
disturbing
activities
City of
American
Canyon
268
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28 containment and removal, restriction of pets and firearms, and fueling setbacks from sensitive habitats.
Mitigation Measure 4.3-1d: Preconstruction Surveys for California Red-Legged Frogs.
Preconstruction surveys for California red-legged frogs shall be conducted prior to grading or earth-moving activities within the WRSP site and within the OSWA to ensure project activities do not result in direct take of dispersing or entrapped California red-legged frog individuals.
The performance standards for the preconstruction survey are as follows. USFWS-approved biologist shall conduct preconstruction surveys at least 24 hours prior to any grading or earth-moving activities within the WRSP site and within the OSWA. Any California red-legged frogs that are found during these surveys shall be salvaged and relocated by a USFWSapproved biologist under an incidental take permit issued by the USFWS to suitable California redlegged frog habitat as determined in coordination with USFWS and CDFW. The nearby California redlegged frog preserve, also known as the NVUSD Open Space, located to the southeast of the study area, can serve as suitable relocation habitat. All observed and relocated California red-legged frogs shall be reported to USFWS and CDFW within 5 days, and records of any special-status species or natural communities detected should be entered into the California Natural Diversity Database (CNDDB).
Submittal of
documentation
to verify surveys
were
completed and
frogs relocated, if
found
Prior to any
ground
disturbing
activities
City of
American
Canyon,
CDFW,
and/or
USFWS, as
necessary
Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
Mitigation Measure 4.3-1e: Procedures if California Red-Legged Frogs Are Identified. If individual California red-legged frogs are identified during construction activities within the WRSP or OSWA, all work within 200 feet of the frog shall immediately stop and a biologist approved by the USFWS to relocate California red-legged frogs shall be consulted immediately (see Mitigation Measure 4.3-1g for additional requirements). Work shall not commence within 200 feet of the frog’s location until an approved biologist has cleared the area of California red-legged frogs.
Submittal of
documentation
from a qualified
biologist
regarding
work stoppage
and relocation
efforts, as
necessary
During
construction
activities
City of
American
Canyon
and/or
USFWS, as
necessary
269
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29 Mitigation Measure 4.3-1f: California Red-Legged Frog and Western Pond Turtle Exclusion Fencing. Prior to any ground-disturbance activities, suitable exclusion fencing shall be installed along the outside edge of the off-site water storage tank and connecting pipeline and roadway construction footprint to ensure that western pond turtles and migrating California red-legged frogs are precluded from being able to move into designated work areas. A USFWS-approved biologist shall delineate the fence line and be present during initial installation to ensure that California red-legged frogs and western pond turtles are not trapped within the fence. This fence shall remain in good condition throughout the duration of construction activities and be checked by a USFWS-approved biological monitor. Exclusion fencing shall consist of a 3-foot wall of 0.25-inch mesh and be attached by welded galvanized wire (or equivalent USFWS-approved fencing such as ErtekTM fencing). The fence shall be buried along the bottom margin for 4 inches into the ground, or if soils are not stable, shall be landscape stapled with 7-inch staples every 3 inches along the bottom of the fence. The approximate 3 feet of fencing above the ground should be anchored to metal T-posts installed every 8 feet along the length of the fence.
Submittal of
documentation
verifying that
exclusion fencing
was installed and
other mitigation
requirements
were met
Documentation
shall be
submitted prior
to any ground
disturbing
activities
within off-site
water
improvement
area; site
inspections shall
occur during
construction
City of
American
Canyon
and/or
USFWS, as
necessary
270
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30 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
Mitigation Measure 4.3-1g: Construction Monitoring for California Red-Legged Frog. A USFWS approved biologist shall monitor all construction activities within designated California red-legged frog critical habitat, which includes the entire off-site water improvement area. The following measures shall be implemented to avoid and minimize impacts to California red-legged frogs:
a. During site grading and construction of the off-site water storage tank and pipeline, a biological monitor shall be on site at all times during ground-disturbing activities; b. A biologist approved by USFWS to relocate frogs shall be available for consultation as needed;
c. If a California red-legged frog individual is identified, all work within 200 feet of the frog shall stop and the on-site biological monitor shall observe the frog until it has been relocated off site by a USFWS approved biologist; relocation habitat shall be determined in coordination with USWFS;
d. In the event that red-legged frogs are identified and must be relocated, the following performance standards shall apply:
1. Capture and relocation of California red-legged frogs may only be authorized pursuant to an incidental take authorization issued by the USFWS. Project applicants shall provide the City with proof of incidental take authorization prior to any relocation of California red-legged frogs.
2. Individuals shall only be relocated into USFWS approved locations where habitat has a full complement of existing and/or expanded habitat features that are required for the species’ life history (i.e., foraging habitat, burrows, aquatic habitat, etc.);
3. Releasing individuals into habitats, where mortality is higher than reproduction, shall be avoided; and
4. Prevalence of disease or competition by non-native species (e.g., chytrid fungus presence in aquatic California red-legged frog habitat) shall be evaluated before animals are relocated.
e. All observed and relocated California red-legged frogs shall be reported to USFWS within 5 days.
Submittal of
documentation
to verify
monitoring
occurred and
other
mitigation
requirements
were met
During
construction
within off-site
water
improvement
area
City of
American
Canyon
and/or
USFWS, as
necessary
Mitigation Measure 4.3-1h: Mitigation for the California Red-Legged Frog. The Project Applicant shall mitigate for all permanent and temporary impacts to California red-legged Compensation
agreement with
Prior to any
ground
City of
American
271
[Version: 03.21.24]
31 frog habitat in compliance with the following minimum performance standards. For the permanent loss of California red-legged frog habitat, the Project Applicant shall provide compensation with an equivalent amount of acreage at a minimum ratio of 1:1 (estimated at 309 acres), through the preservation of suitable mitigation lands approved by the USFWS and the City. The habitat mitigation may be achieved through (1) establishment of a permittee responsible habitat management lands (see discussion on AC-1’s proposed Mitigation Area, Draft EIR pp. 4.3-49 and 4.3-50) or (2) purchase of credits from a USFWS-approved conservation bank such as the Ridgetop Conservation Bank near Benicia. Areas that are temporarily disturbed in the OSWA shall be reestablished to similar topographic conditions and replanted with native vegetation to mitigate temporary impacts to California red-legged frog habitat.
Any permittee-responsible mitigation property shall be protected in perpetuity under a conservation easement (CE), management plan, habitat establishment plans, and funding mechanism approved by the City and USFWS. Funding for management shall include direct costs for initial establishment of the site, interim management, and establishment of a nondepleting endowment for the long-term maintenance, management, and monitoring of the CE.
USFWS, including
compensatory
mitigation and
replanting for
temporary
disturbance
disturbing
activities
on the WRSP or
off-site water
improvement
area sites
Canyon
and/or
USFWS, as
necessary
272
[Version: 03.21.24]
32 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
Mitigation Measure 4.3-1i: Preconstruction Surveys for Western Pond Turtle. a. The Project Applicant shall enlist the services of a qualified biologist to conduct preconstruction surveys 14 days before and 24 hours prior to any ground-disturbing activities within 300 feet of the quarry pond or within 300 feet of drainages within the offsite water improvement area to ensure these activities do not result in direct take of western pond turtles. If western pond turtles are identified within work areas, the California Department of Fish and Wildlife (CDFW) shall be notified regarding the presence of the western pond turtles and all work shall stop until additional exclusion measures have been defined and authorization to proceed is obtained from CDFW. In general, the exclusion fencing described under Mitigation Measure 4.3-1f will provide appropriate exclusion.
b. No person shall handle or otherwise harass any individual western pond turtle encountered during construction, with the exception of handling by the qualified biologist. If western pond turtles or their nests are observed during pre-construction surveys, a qualified biologist shall be on site to monitor construction in suitable western pond turtle habitat. Any western pond turtles found within the construction area shall be allowed to leave of its own volition, or if authorized by CDFW, western pond turtles shall be captured by a qualified biologist and relocated out of harm’s way to the approved relocation sites. A plan shall be developed in consultation with and approved by CDFW to relocate the western pond turtle individuals to the nearest protected suitable pond turtle habitat. If a nest is located within a work area (typically nesting occurs between mid-June and mid-July), a qualified biologist shall delineate a 300-foot no-disturbance buffer between the nest and any areas of potential disturbance. Buffers shall be clearly marked with temporary fencing. Construction shall not be allowed to commence in the exclusion area until hatchlings have emerged from the nest, or the nest is deemed inactive by a qualified biologist. If a nest cannot be avoided, CDFW approval shall be needed to gather eggs, house them at a suitable facility for incubation, and release hatchlings into the pond or nearby creek system (Newell Creek or American Canyon Creek) as determined in coordination with CDFW.
c. In the event that western pond turtles are identified and must be relocated, the following protocols and performance standards shall be addressed in the relocation plan:
Submittal of
documentation
to verify surveys
were completed
and turtles were
relocated, if
found
Prior to any
ground
disturbing
activities near
the quarry pond
or drainages
within the offsite water
improvement
area
City of
American
Canyon
and/or
CDFW, as
necessary
273
[Version: 03.21.24]
33 1. Individuals shall only be relocated into habitat that has a full complement of existing and/or expanded habitat features that are required for the species’ life history (i.e., foraging habitat, aquatic habitat, basking structures, etc.);
2. Releasing individuals into habitats, where mortality is higher than reproduction, would be avoided; and
3. Prevalence of disease or competition by non-native species (e.g., red-eared slider [Trachemys scripta elegans] presence in western pond turtle habitat) shall be evaluated before animals are relocated.
d. Information regarding western pond turtle occurrences shall be reported to the CNDDB.
Mitigation Measure 4.3-1j: Preconstruction Surveys for Breeding Birds, Including Raptors and Tricolored Blackbird. The following performance standards shall be followed:
1. For construction activities that occur between February 1 and August 31, preconstruction breeding bird surveys shall be conducted by a qualified biologist familiar with bird behavior and knowledge of nest types prior to and within 10 days of any initial grounddisturbance activities. Surveys shall be conducted within all suitable nesting habitat within 250 feet for passerines and 0.5 mile for raptors (see additional detailed performance standards for special-status raptors in Mitigation Measures 4.3-1k and 4.3-1l, Submittal of
documentation
to verify that
survey(s) have
been conducted
and other
mitigation
Prior to
construction
activities that
occur between
February 1 and
August 31;
recurring for
time
City of
American
Canyon,
CDFW,
and/or
USFWS, as
necessary
274
[Version: 03.21.24]
34 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
2. 3.
4. 5.
below), to the extent land is accessible. Raptor surveys shall include a ground survey for nesting golden eagles following USFWS guidelines.2 The survey also shall include searching for ground nesting raptors, such as short-eared owl and Northern harrier, following CDFW recommendations.
If nesting raptors are detected, the qualified biologist shall establish buffers around nests that are sufficient to ensure that breeding is not likely to be disrupted or adversely impacted by construction. Buffers around active raptor nests shall be 500 feet for nonlisted raptors, unless the qualified biologist determines that larger or smaller buffers are necessary to avoid impacts to nesting raptors. Factors to be considered for determining buffer size shall include the presence of natural buffers provided by vegetation or topography; nest height; locations of foraging territory; and baseline levels of noise and human activity. Buffers shall be maintained until the qualified biologist has determined that young have fledged and are no longer reliant upon the nest or parental care for survival.
If known nesting trees (used for raptor nesting within the last 5 years) or tricolored blackbird colony nest sites are to be removed during construction activities, removal shall take place outside of the nesting season or until the nest or colony has been determined to be inactive. The Project Applicant in consultation with the CDFW shall develop a plan to replace known nest trees at a ratio of 3:1. If replacement planting is implemented, monitoring shall be conducted annually for 5 years to assess the mitigation’s effectiveness. The performance standard for the mitigation shall be 65 percent survival of all replacement plantings.
Construction activity, including vegetation removal within designated buffer zones, shall occur only outside the typical breeding season for raptors (September 16 to December 31), if raptors are determined to be present.
The following considerations apply to this mitigation measure:
requirements
were met
lapses greater
than 14 days
between project
activities
2 Pagel, J.E., D.M. Whittington, and G.T. Allen. 2010. Interim Golden Eagle inventory and monitoring protocols; and other recommendations. Division of Migratory Bird Management, U.S. Fish and Wildlife Service.
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35 a) Survey results are valid for 14 days from the survey date. Should ground disturbance commence later than 14 days from the survey date, surveys shall be repeated. If no breeding birds are encountered, then work may proceed as planned. b) After commencement of work, if there is a period of no work activity of 14 days or longer during the bird breeding season, surveys shall be repeated to ensure birds have not established nests during inactivity. If new nests are encountered, buffers shall be established.
c) Exclusion buffers sizes may vary, depending on habitat characteristics, project disturbance levels, and species, and are generally larger for raptors and colonial nesting birds. Exclusion buffers may be adjusted by a qualified biologist in coordination with USFWS and CDFW. Each exclusion buffer shall remain in place until the nest has successfully fledged or is otherwise inactive as determined by a qualified biologist.
d) If birds establish nesting sites during work activities, it is assumed those birds are habituated to project disturbances and exclusion buffers may be adjusted by a qualified biologist. Disturbance activities within a minimum of 50 feet of the nest shall be postponed until a qualified biologist can determine to reduce the exclusion zone or the nest has successfully fledged.
Mitigation Measures
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Timing of
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Responsible
for
Verification
Verification
of
Completion
Date Initi
al
276
[Version: 03.21.24]
36 Mitigation Measure 4.3-1k: Preconstruction Surveys for Swainson’s Hawk, Golden Eagle, and White-Tailed Kite. The following performance standards shall be followed:
1. If construction activities occur between February 1 and August 31, the Project Applicant shall retain a qualified biologist to conduct surveys for Swainson’s hawk, golden eagle, and white-tailed kite in accordance with the Swainson’s Hawk Technical Advisory Committee 2000 guidelines (SHTAC 2000), or current species specific guidance. Surveys shall cover a minimum of a 0.5-mile radius around the construction area. If nesting Swainson’s hawks, golden eagle, or white-tailed kites are detected, the qualified biologist shall establish a 0.5-mile no-disturbance buffer, although buffer widths may be adjusted, consistent with the performance standards in Mitigation Measure 4.3-1j, Item 5.c. Buffers shall be maintained until the qualified biologist has determined that the young have fledged and are no longer reliant upon the nest or parental care for survival.
2. If known nesting trees are to be removed during construction activities, removal shall take place outside of Swainson’s hawk, golden eagle, and white tailed kite nesting season and the Project Applicant shall develop a plan to replace known nest trees at a ratio of 3:1.
If replacement planting is implemented, monitoring shall be conducted annually for 5 years to assess the mitigation’s effectiveness. The performance standard for the mitigation shall be 65 percent survival of all replacement plantings.
3. In addition, the following mitigation measures shall be required to mitigate for the loss of raptor foraging habitat. The replacement ratios shall be consistent with the performance standards for Swainson’s Hawk foraging habitat, identified in the CDFW staff report Regarding Mitigation for Impacts to Swainson’s Hawk (Buteo swainsoni) in the Central Valley of California (1994):
a. Construction activity, including vegetation removal, shall only occur outside the typical breeding season for raptors (September 16 to December 31), if nesting raptors are determined to be present.
b. For projects within 1 mile of an active nest tree (the Swainson’s Hawk Staff report defines an active nest tree as used during one or more of the last 5 years), the Project Applicant shall provide 1 acre of preserved Swainson’s hawk foraging habitat for each acre of development authorized (1:1 ratio).
c.For projects within 5 miles of an active nest tree, but greater than 1 mile from the nest tree, the Project Applicant shall provide 0.75 acre of preserved Swainson’s hawk foraging habitat for each acre of development authorized (0.75:1 ratio).
For projects within 10 miles of an active nest tree, but greater than 5 miles from the nest tree, the Project Applicant shall provide 0.5 acre of preserved Swainson’s hawk foraging habitat for each acre of development authorized (0.5:1 ratio).
Submittal of
documentation to
verify that
survey(s) have
been conducted
and other
mitigation
requirements
were met
Prior to ground
disturbing
activities that
occur between
February 1 and
August 31
City of
American
Canyon
and/or
CDFW, as
necessary
6.1.20 22
WH
277
[Version: 03.21.24]
37 Mitigation lands shall be protected in perpetuity under a conservation easement and include an endowment fund for long-term resource management for raptor habitat.
Preservation and management of Swainson’s hawk foraging habitat under this criterion will also serve to mitigate the reduction of foraging habitat for golden eagle, white-tailed kite, and other grassland-associated raptors. The AC-1 proposed mitigation site for the California red-legged frog at the 321-acre Jaeger Conservation Area provides suitable foraging habitat mitigation (see Applicant Proposed Mitigation Area discussion above).
Mitigation Measure 4.3-1l: Preconstruction Surveys for Burrowing Owls. Burrowing owl Take Avoidance
Surveys shall be conducted according to the methodologies and performance standards prescribed by the CDFW in the 2012 Staff Report on Burrowing Owl Mitigation (CDFW 2012).
Take Avoidance Surveys shall be conducted 14 days prior or less to initiating ground disturbance. As burrowing owls may recolonize a site after only a few days, time lapses greater than 14 days between project activities require subsequent Submittal of
documentation to
verify that
survey(s) have
been conducted
Prior to any
ground
disturbing
activities;
recurring for
time lapses
greater than
City of
American
Canyon
and/or
6.1.20 22
WH
278
[Version: 03.21.24]
38 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
a.
b.
c.
d.
surveys including but not limited to a final survey conducted within 24 hours prior to ground disturbance to
ensure absence. The following guidelines pertain to burrowing owl surveys:
Burrowing owl Take Avoidance Surveys shall be conducted by walking the entire WRSP site and (where possible) in accessible areas within 660 feet of the project disturbance footprint. The 660-foot buffer zone is surveyed to identify burrows and owls outside of the study area, which may be impacted by factors such as noise and vibration (heavy equipment) during project construction. Pedestrian survey transects shall be spaced to allow 100 percent visual coverage of the ground surface. The distance between transect center lines shall be 20 feet to 65 feet and shall be reduced to account for differences in terrain, vegetation density, and ground surface visibility. Poor weather may affect the surveyor’s ability to detect burrowing owls thus, avoid conducting surveys when wind speed is greater than
20 kilometers per hour and there is precipitation or dense fog. To avoid impacts to owls from surveyors, owls and/or occupied burrows shall be avoided by a minimum of 160 feet wherever practical to avoid flushing owls from occupied burrows. Disturbance to occupied burrows shall be avoided during all seasons.
If burrowing owls are detected on the site, the following restricted activity dates and setback distances derived from the 2012 Staff Report on Burrowing Owl Mitigation (CDFW 2012), or as otherwise coordinated with the CDFW:
○ Occupied burrows shall not be disturbed during the nesting season, from February 1 through August 31;
○ No disturbance shall occur within 50 meters (approximately 160 feet) of occupied burrows during October 16 through March 31 or within 200 meters (approximately 660 feet) April 1 through October 15;
○ No earth-moving activities or other disturbance shall occur within the aforementioned buffer zones of occupied burrows. These buffer zones shall be well-marked or fenced as well. If burrowing owls were found in the study area, a qualified biologist shall also delineate the extent of burrowing owl habitat on the site; and and other
mitigation
requirements
were met
14 days between
project activities
CDFW, as
necessary
279
[Version: 03.21.24]
39 ○ Buffers may be modified by a qualified western burrowing owl biologist that is knowledgeable enough to establish buffer sizes that are commensurate with the acclimation of western burrowing owls to disturbance. These buffers if modified over that prescribed above, shall be coordinated with the CDFW.
Finally, in accordance with the 2012 Staff Report, if burrowing owls were found nesting on site and must be passively removed in the non-nesting season (October 1 to February 1) to accommodate the project, suitable artificial burrows shall be established within appropriate habitat for western burrowing owls to minimize the potential for mortality of burrowing owls due to stress, lack of resources, or predation. The habitat enhancement plan shall be developed in coordination with the CDFW and the City of American Canyon.
Information regarding the occurrence of burrowing owls at the WRSP site shall be reported to the
CNDDB.
Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
Mitigation Measure 4.3-1m: Preconstruction Surveys for Callippe Silverspot Butterfly Host Plant (Johnny Jump Up). Prior to construction a qualified botanist shall survey the off-site water improvement area (OSWA) for the host plant of the Callippe silverspot butterfly (Johnny jump up [Viola pedunculata]) during the plants blooming period of February to April in accordance with the performance standards provided in Mitigation Measures 4.3-1m through 4.3-1o. A qualified botanist is a person who has at least an undergraduate degree in entomology or a related field, has a minimum of 2 years’ field experience, and is knowledgeable of identification of adult, egg, and larval life stages of butterflies. The botanist shall clearly demarcate the boundary of Johnny jump ups where this species occurs within the proposed OSWA on project plan maps. The Project Applicant shall avoid removal and disturbance to all identified Johnny jump ups and install orange construction fencing between any identified plant populations and construction activities to ensure that construction activities do not impact any host plants and/or life stages of the Callippe Submittal of
documentation
to verify that
survey(s) have
been conducted
and other
mitigation
requirements
were met
Prior to
construction
activities in the
offsite water
improvement
area that occur
between
February and
April
City of
American
Canyon
280
[Version: 03.21.24]
40 silverspot butterfly. If Johnny jump up plants are not identified within the OSWA or all identified Johnny jump up plants shall be avoided and protected from project disturbance, breeding Callippe silverspot butterflies will not be impacted, and further mitigation is not needed.
Mitigation Measure 4.3-1n: Presence Surveys for Callippe Silverspot Butterfly. If Johnny jump ups are found in the area of disturbance and cannot be avoided, presence surveys for Callippe silverspot shall be conducted three times during the peak flight season in May and June the year prior to site disturbance by a qualified biologist. A qualified biologist is a person with at least an undergraduate degree in entomology or a related field with a minimum of 2 years’ field experience and who is knowledgeable of identification of adult, egg, and larval life stages of butterflies. Walking transects spaced to allow 100 percent coverage of the off-site water improvement area (OSWA) area shall be conducted during the last week of May, second week of June, and last week of June. Surveys shall be conducted during times of warm, calm weather when butterflies are most active and shall not occur during precipitation, heavy fog, or wind speeds greater than 10 mph. If any life stage of Callippe silverspot butterfly is not identified during presence surveys, it is expected the survey area does not support breeding butterflies and Johnny jump up plants may be removed by hand from construction areas within the OSWA and further mitigation is not needed.
Submittal of
documentation
to verify that
survey(s) have
been conducted
and other
mitigation
requirements
were met
During May and
June the year
prior to any
ground
disturbing
activities in the
off-site water
improvement
area (if Johnny
jump ups are
found)
City of
American
Canyon
281
[Version: 03.21.24]
41 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
Mitigation Measure 4.3-1o: Protocols if Callippe Silverspot Butterflies Are Found. If any life stage of Callippe silverspot butterfly is found during presence surveys, it is expected the survey area does support breeding butterflies. Prior to issuance of a grading permit, the Project Applicant shall submit written proof that the following measures were implemented:
a. Information regarding the Callippe silverspot sightings shall be reported to the CNDDB.
b. If federally listed species are present, consultation with the USFWS shall be required to determine the need for an incidental take permit and coordinate mitigation (see Item d, below). The applicant/entity constructing the facilities in the OSWA shall provide proof to the City prior to any ground disturbance that an incidental take permit has been obtained or written correspondence from the USFWS that no incidental take permit is required.
c. If any individual Johnny jump up plant or population can be avoided during project implementation, it shall be clearly marked in the field by a qualified botanist and avoided during construction activities. Before ground clearing or ground disturbance, all on-site construction personnel shall be instructed as to Callippe silverspot identification, this species’ host plant presence and the importance of avoiding impacts to this species and its habitat.
d. If occupied breeding habitat or nectar food sources for Callippe silverspot butterfly would be directly impacted by the project, a mitigation plan shall be developed by a qualified biologist in consultation with the USFWS prior to the start of local construction activities. The plan shall detail appropriate habitat replacement ratios, which shall be a minimum of 1:1 based on breeding habitat area and anticipated number of host plants and 3:1 for native nectar plants, location of the mitigation site, methods for implementation, success criteria, monitoring and reporting protocols, and contingency measures that shall be implemented if the initial mitigation fails. The mitigation site may be located on the WRSP site or in occupied habitat in proximity to the WRSP site. If onsite options are not available, off-site areas may be considered (e.g., Jaeger Conservation Area). The success criteria and monitoring requirements for Callippe silverspot butterfly mitigation areas shall be as described in Mitigation Measure 4.3-1b, Item c. The mitigation Submittal of
documentation
to verify that
survey(s) have
been conducted
and other
mitigation
requirements
were met
Prior to issuance
of grading permit
for the off-site
water
improvement
area
City of
American
Canyon
282
[Version: 03.21.24]
42 plan shall include continuing presence surveys, seeding or plantings of Callippe silverspot host and nectar plants, and invasive plant species removal to enhance butterfly habitat. e. If mitigation is required for incidental take of Callippe silverspot butterflies or their habitat, the Project Applicant shall establish, maintain, and monitor the mitigation area identified in the plan for 5 years following the completion of construction and restoration activities. Monitoring reports shall be submitted to the USFWS at the completion of restoration and for 5 years following restoration implementation. Monitoring reports shall include photo-documentation, a site layout map, presence survey results, and justification for any deviations from the mitigation plan.
f. In lieu of the above prescribed mitigation, requirements may be satisfied via the purchase of qualified mitigation credits or the preservation of off-site habitat in coordination with the USFWS, as appropriate.
283
[Version: 03.21.24]
43 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification of
Completion
Date Initial
Mitigation Measure 4.3-1p: Preconstruction Surveys and Avoidance Measures for the American Badger. Performance standards for preconstruction surveys and avoidance measures for badger are:
a. Preconstruction surveys shall be conducted for the American badger within 7 days prior to ground-disturbing activities in grassland habitats within the study area and off-site water improvement area (OSWA). Surveys shall be conducted by a qualified wildlife biologist with experience and knowledge in identifying badger burrows and include walking parallel transects looking for badger burrows and sign. Any badger burrows identified shall be mark and mapped on WRSP site maps.
b. If active badger dens are identified within the study are or OSWA a no-work buffer of 200 feet shall be established around the den and associated occupied areas.
If avoidance is not feasible, a biologist shall determine if the burrow is being used as an active maternity den through utilization of remote cameras. If young are determined to be present, the burrow shall be avoided until the young have vacated the burrow as determined by a qualified biologist. If the burrow is determined not to be an active maternity den and young are not present, in coordination with the CDFW (CDFW), a one-way eviction door shall be installed between September 1 and January 1 to passively relocate the badger and to avoid impacts during the breeding season. If the badger digs back into the burrow, CDFW staff may allow the use of live traps to relocate badgers to suitable habitat away from the area of project impact. c. If capture/active or passive relocation of American badgers is determined to be necessary in consultation with CDFW, the Applicant shall prepare a relocation plan for review and approval by CDFW and the City prior to any relocation. The Relocation Plan shall address measure to minimize potential for mortality due to stress, predation, or lack of available burrows. If active relocation is deemed appropriate and approved by CDFW, the relocation plan shall address the following protocols:
1. Individuals shall only be actively relocated into habitat that has a full complement of existing and/or expanded habitat features that are required for the species’ life history (i.e., foraging habitat, burrows, aquatic habitat, etc.);
2. Finally, prevalence of disease or competition by non-native species shall be evaluated before animals are actively relocated; and
3. Prevalence of disease or competition by non-native species shall be evaluated before animals are actively relocated.
Submittal of
documentation
that surveys
have been
conducted, and
burrows have
been avoided, or
badgers have
been
relocated in
coordination
with
CDFW
Prior to ground
disturbing
activities in
grassland
habitats within
the WRSP site
and the off-site
water
improvement
area
City of
American
Canyon
and/or
CDFW, as
necessary
284
[Version: 03.21.24]
44 Mitigation Measure 4.3-2a: CDFW Streambed Alteration Agreement. The Project Applicant shall be required to obtain a Lake and Streambed Alteration Agreement (LSAA) from the California Department of Fish and Wildlife (CDFW). Subject to the final terms of the LSAA, the following performance standards shall be implemented:
● Construction activities and equipment staging shall be designed to avoid and minimize direct and indirect impacts to wetlands and riparian habitat; ● Construction occurring in the vicinity of riparian areas shall be delimited with a minimum 20-foot setback to avoid intrusion of construction activities into sensitive habitat;
● Construction areas within 500 feet of riparian habitat shall be subject to best management practices under the General National Pollutant Discharge Elimination System Permit; and
● To offset temporary and permanent impacts to riparian habitats, mitigation at a minimum ratio of 1:1 shall be provided, or as required by the LSAA.
Submittal of
documentation,
including copy of
LSAA, verifying
permit has been
obtained and
mitigation
measures have
been
implemented
Prior to
construction
activities
City of
American
Canyon and
CDFW
6.1.2022
WH
Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification of
Completion
Date Initial
Mitigation Measure 4.3-2b: Protocol-Level Surveys. Prior to issuance of a grading permit, the Project Applicant shall submit written proof that a qualified biologist conducted preconstruction CDFW protocol-level surveys during the appropriate blooming periods for occurrence of sensitive natural communities, especially purple needlegrass grasslands) within the footprint of the construction activities at the WRSP site, off-site water improvement area (OSWA), and other off-site project features. These surveys should be performed in compliance with the most recent CDFW survey protocol, currently 2018. If no sensitive vegetation communities are found during focused surveys of the project footprint, then sensitive vegetation communities would be assumed to be absent from OSWA. The botanist shall document the findings in a technical memorandum to the lead agency, as appropriate, and no further mitigation would be required. If sensitive vegetation communities are found within the footprint of the project activities during focused surveys, Mitigation Measure 4.3-2c shall be implemented.
Submittal of
documentation
to verify that
survey(s) have
been conducted
and other
mitigation
requirements
were met
Prior to issuance
of a grading
permit
for the off-site
water
improvement
area
City of
American
Canyon
and/or
CDFW, as
necessary
285
[Version: 03.21.24]
45 Mitigation Measure 4.3-2c: Measures to Implement if Sensitive Natural Vegetation Communities Are Found. If a sensitive vegetation community is found during focused surveys, prior to issuance of a grading permit, the Project Applicant shall submit written proof that the following measures were implemented in compliance with the following performance standards:
a. Information regarding the sensitive vegetation community shall be reported to the CNDDB.
b. If any sensitive vegetation community can be avoided during project implementation, it shall be clearly marked in the field by a qualified botanist and avoided during construction activities. Before ground clearing or ground disturbance, all on-site construction personnel shall be instructed as to the community’s presence and the importance of avoiding impacts to this sensitive vegetation community. c. If sensitive vegetation communities are present and cannot be avoided, consultations with the CDFW and/or the USFWS shall be required. A mitigation plan to compensate for the loss of the sensitive vegetation community could be required. This plan may be developed by a qualified botanist in consultation with the appropriate agencies prior to the start of local construction activities. The plan shall detail appropriate replacement ratios, which shall be a minimum of 1:1 based on area and number of plants and may be increased based on the recommendation of the botanist or the relevant resource agency to achieve no net loss of habitat. The plan shall describe the location of the mitigation site, methods for implementation (e.g., construction techniques, timing and sequencing, watering, soil properties, and other necessary specifications), success criteria (e.g., minimum 75 percent plant survival after 5 years, 75 percent vegetative cover by desirable species or comparable to existing conditions, and a viable, self-sustaining plant community), monitoring and reporting protocols, and contingency measures that shall be implemented if the initial mitigation fails. The mitigation plan may include the collection of seeds, propagules, and top soils under the supervision of a qualified botanist from the WRSP site for installation at the mitigation site. The mitigation site may be located on the WRSP site, such as within the pipeline disturbance corridor, or in close proximity to the WRSP site.
If on-site options are not available, off-site areas may be considered. The mitigation plan shall be submitted to the City for approval prior to the issuance of permits that would affect the respective sensitive vegetation communities. d. If mitigation is required for loss of sensitive vegetation communities, the Project Applicant shall establish, maintain, and monitor the mitigation area identified in the plan for 5 years following the completion of construction and restoration activities.
Annual monitoring reports shall be submitted to the City and the resource agencies at Submittal of
documentation
to verify that
survey(s) have
been conducted
and other
mitigation
requirements
were met
Prior to issuance
of a grading
permit
City of
American
Canyon
and/or
CDFW, as
necessary
6.1.2022
WH
286
[Version: 03.21.24]
46 the completion of restoration and for 5 years following restoration implementation.
Monitoring reports shall include photo-documentation, planting specifications, a site layout map, descriptions of materials used, and justification for any deviations from the mitigation plan.
Mitigation Measure 4.3-3a: Wetlands and Other Waters Avoidance and Minimization Effects. Final project design shall avoid and minimize the fill of wetlands and other waters to the greatest practicable extent. Areas that are avoided shall be subject to best management practices under the National Pollutant
Discharge Elimination System Permit Construction General Permit, as described in Mitigation
Measure 4.7-1. To minimize indirect effects, the Project Applicant shall design and implement a wetland management plan and stormwater management system to maintain a minimum normal inflow equivalent (roughly equivalent to the 2-year storm event) to the into each avoided wetland system. Any stormwater from impervious surfaces shall be pretreated prior discharge into the avoided wetlands. The management plan shall include a minimum 5-year monitoring plan to document performance and conditions in the avoided wetlands. The minimum performance standard shall be no reduction in avoided wetland acreage. If
the project fails to achieve performance standards, remedial actions to correct deficiencies shall be implemented and additional mitigation shall be provided to offset temporal losses. The Plan shall be developed in consultation with the U.S. Army Corps of Engineers and San Francisco Bay Regional Water Quality Control Board and approved by the City.
Preparation and
implementation
of a Wetland
Management
Plan and
Stormwater
Management
System
Prior to
construction
activities in areas
near wetlands
and other waters
City of
American
Canyon, U.S.
Army Corps
of Engineers,
and/or San
Francisco
Bay
Regional
Water
Quality
Control
Board, as
necessary
6.1.2022
WH
Mitigation Measure 4.3-3b: Invasive Species Management. Where perennial or seasonal water features are maintained outside of the quarry pond, invasive species, such as nonnative fish, bullfrogs, and plants, could cause significant adverse impacts to populations of special-status species utilizing adjacent habitats and downstream reaches. To reduce these potentially significant impacts, an invasive species management plan shall be developed for seasonal wetlands, ditches, and detention basins. This plan shall include intermittent surveys for invasive species and potential actions to manage these species, such as draining basins or actively capturing bullfrogs. The plan shall also include adaptive measures to be implemented should the above actions fail to adequately manage bullfrogs and other non-native invasive species. Note: This mitigation measure does not Preparation and
implementation
of an Invasive
Species
Management
Plan
Implementation
of an Invasive
Specific
Management
Plan
City of
American
Canyon
287
[Version: 03.21.24]
47 apply to Quarry Pond, which cannot be effectively drained and cannot be effectively managed to remove invasive fish and bullfrogs without other potential significant effects.
Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification of
Completion
Date Initial
Mitigation Measure 4.3-3c: Mitigation for Wetlands and Other Waters. Where jurisdictional wetlands and other waters cannot be avoided, to offset temporary and permanent impacts that would occur as a result of the project, mitigation for preservation, restoration, and creation shall be provided through the following mechanisms and subject to the following performance standards:
1. Purchase or dedication of land to provide wetland preservation, restoration or creation. If restoration is available and feasible, then a ratio of at least 2:1 shall be used. Where practical and feasible, on-site mitigation shall be implemented whenever possible.
2. If on-site mitigation is used, a wetland mitigation and monitoring plan shall be developed by a qualified biologist in coordination with the California Department of Fish and Wildlife, U.S. Army Corps of Engineers, and/or Regional Water Quality Control Board that details mitigation and monitoring obligations for temporary and permanent impacts to wetlands and other waters as a result of construction activities. The plan shall quantify the total acreage lost to jurisdictional areas and describe mitigation ratios for lost habitat. The plan shall also include:
a. Annual success criteria, including plant survivorship and vigor to be determined by counting individuals of each species and comparing the counts to the numbers originally planted for that species. A minimum survival rate of 75 percent of installed plants is required for all years including at least 2 years’ postirrigation; b. Means for controlling invasive species near plantings; and c.A description of mitigation areas and monitoring and reporting requirements.
Submittal of
documents
verifying
restoration and
compensatory
mitigation has
been
implemented, if
needed
Prior to
construction
activities in areas
near wetlands
and other waters
City of
American
Canyon,
CDFW, U.S.
Army Corps
of Engineers,
and/or San
Francisco
Regional
Water
quality
Control
Board, as
necessary
6.1.2022
WH
288
[Version: 03.21.24]
48 3. The mitigation and monitoring plan shall be submitted to the appropriate regulatory agencies for approval.
If monitoring suggests that the performance standards outlined above are not being met, corrective actions shall be implemented. Possible contingency measures include, but are not limited to:
4. Replanting of native trees and shrubs;
5. Adjusting the quantity and timing of irrigation to develop a schedule that better meets the characteristics of the site and the needs of the plants;
6. Installing additional protective wire cages around plants to minimize damage from wildlife or other sources;
7. Incorporating additional monitoring events in an attempt to address site deficiencies proactively; or
8. Adjusting the weed maintenance methods or schedule to address specific problems that arise.
289
[Version: 03.21.24]
49 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification of
Completion
Date Initial
Mitigation Measure 4.3-4: Preconstruction Surveys for Bats. A qualified biologist shall conduct a passive habitat assessment for bat use and habitat a minimum of 6 months prior to project construction activities in known or potential bat roosting habitat in the ruins and trees in the WRSP area which shall conform to the performance standards below. If the habitat assessment reveals bat activity, then a qualified bat biologist shall conduct a presence absence survey during peak activity periods. Survey methods, timing, duration, and species shall be provided for review and approval by the lead agency prior to habitat disturbance. Human intrusion into an active roost could be damaging to a population, particularly during the maternity season, March 15 through September 15, when females are aggregated and rearing defenseless young. To reduce potentially significant impacts to sensitive bat species during surveys by the qualified biologist, the following shall be verified:
a. Qualifications to determine adequate knowledge and experiences with the particular species for which they are surveying; and
b. Demonstrable experience with bat surveys in specific roost types for projectspecific conditions. Should bat species be confirmed on site either through the habitat assessment or during surveys, then at minimum the following shall be implemented:
a. Species-specific avoidance methods to avoid disturbance; b. Evaluate the impact, including the length of time of disturbance, equipment noise, and the type of habitat present within the project footprint; c. Develop work windows for building demolition, tree trimming, or tree removal (typically August 31 through October 15 when young would be self-sufficiently volant and prior to hibernation and March 1 to
April 15 to avoid hibernating or maternity colonies);
d. Identify appropriate buffers outside of this work window; e. Outline specific timing of building demolition, renovation, or tree trimming or removal; and
f. Incorporate and implement mitigation measures to offset any impacts to bat roosts on site through bat-friendly design and integrated bat roost construction.
When designing new or renovated buildings, architects can include safe and Submittal of
documentation
to verify that
survey(s) have
been conducted
and other
mitigation
requirements
were met
Within six
month of the
demolition of
onsite structures
City of
American
Canyon
3.21.2024
WH
290
[Version: 03.21.24]
50 attractive roosting opportunities for bats such as wall cavities in buildings. This includes the construction of connected bat boxes or design of other artificial bat roost habitat in remodeled structures (see Erickson et al. 2002) to enhance roosting opportunities on structures.
Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
Section 4.4: Cultural Resources
Mitigation Measure 4.4-2: Unanticipated Discovery of Archaeological Resources. If prehistoric or historic-era archaeological resources are encountered by construction personnel during project implementation, all construction activities within 100 feet shall halt and the contractor shall notify the City of American Canyon. 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); battered stone tools, such as hammerstones and pitted stones.
Historic-era materials might include stone, concrete, or adobe footings and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic refuse.
The Project Applicant shall retain a Secretary of the Interior-qualified archaeologist to inspect the findings within 24 hours of discovery and inform the City of American Canyon If it is determined that the project may damage a historical resource or a unique archaeological resource (as defined pursuant to CEQA and the CEQA Guidelines), construction shall cease in an area determined by the archaeologist until a mitigation plan has been prepared in accordance with PRC § 21083.2 and CEQA Guidelines § 15126.4; approved by the City; and implemented to the satisfaction of the archaeologist. In consultation with the City, the archaeologist shall determine when construction may commence.
Consistent with § 15126.4(b)(3), the mitigation plan shall recommend preservation in place, as a preference, or, if preservation in place is not feasible, data recovery through excavation. If preservation in place is feasible, this may be accomplished through one of the following means: (1) modifying the construction plan to avoid the resource; (2) Submit
documentation of
findings and
mitigation plan, if
resources are
encountered
During grading
activities
City of
American
Canyon
291
[Version: 03.21.24]
51 incorporating the resource within open space; (3) capping and covering the resource before building appropriate facilities on the resource site; or (4) deeding resource site into a permanent conservation easement. If preservation in place is not feasible, a qualified archaeologist shall prepare and implement a detailed treatment plan to recover the scientifically consequential information from and about the resource, which shall be reviewed and approved by the City prior to any excavation at the resource site. Treatment of archaeological resources shall follow the requirements of PRC § 21083.2. Treatment for most resources shall consist of (but would not necessarily 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 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.
Mitigation Measure 4.4-3: Unanticipated Discovery of Paleontological Resources. If paleontological resources, such as fossilized bone, teeth, shell, tracks, trails, casts, molds, or impressions are encountered by construction personnel during project implementation, all construction activities within 100 feet shall halt and the contractor shall notify the City of American Canyon. The Project Applicant shall retain a qualified paleontologist to inspect the findings within 24 hours of discovery. The paleontologist shall assess the nature and importance of the find and, if necessary, develop appropriate treatment measures in conformance with Society of Vertebrate Paleontology standards, and in consultation with the City of American Canyon. The Project Applicant shall implement the final treatment measures.
Submit
documentation of
findings and
verification
of treatment
measures, if
resources
are
encountered
During grading
activities
City of
American
Canyon
Mitigation Measures
Method of
Verification
Timing of
Verification Responsible
Verification of
Completion
292
[Version: 03.21.24]
52 for
Verification
Date Initial
Mitigation Measure 4.4-4: Unanticipated Discovery of Human Remains. If human remains are
encountered by construction personnel during project implementation, all construction activities within 100 feet shall halt and the contractor shall notify the City of American Canyon. The City shall contact the Napa County Coroner to affirmatively indicate to the City that no investigation of the cause of death is required. The Native American Heritage Commission (NAHC) shall be contacted within 24 hours if the Coroner determines that the remains are Native American. The NAHC shall 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 shall 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)).
Submit
documentation
of findings and
treatment
measures, if
remains are
encountered
During grading
activities
City of
American
Canyon
Section 4.5: Geology, Soils, and Seismicity
Mitigation Measure 4.5-4: Geotechnical Requirements for the Quarry Pond. Prior to issuance of any
building permits, the Project Applicant shall submit to the City plans that are consistent with the geotechnical recommendations of a minimum setback of 3:1 (horizontal:vertical) from the toe of the existing quarry pond bank. Any proposed plans inside of the 3:1 setback, shall be the subject of a detailed slope stability analysis by a current California registered Geotechnical Engineer or Engineering Geologist where proposed slopes must meet minimum factor of safety requirements as determined by the most recent California Building Code for both static and dynamic (earthquake) conditions. Graded cut-and-fill slopes over 15 feet shall be no steeper than 3:1 with slopes up to 15 feet no steeper than 2:1. Other measures, such as use of retaining walls and geogrid reinforcement or corrective grading, shall be implemented as necessary in accordance with the specific geotechnical recommendation informed by the aforementioned detailed slope stability analysis and outlined in the design level geotechnical report.
Submit grading
plans for Quarry
Lake Pond
Prior to issuance
building permits
City of
American
Canyon
9.15.2022
WH
Section 4.6: Hazards and Hazardous Materials
293
[Version: 03.21.24]
53 Mitigation Measure 4.6-1a: Evaluation for Lead-Based Paint or Coatings, AsbestosContaining Materials, or Polychlorinated Biphenyls. The Project Applicant shall submit documentation to the City to verify that all proposed areas for demolition or modification have been assessed by California state licensed contractors for the potential presence of lead-based paint or coatings, asbestos containing materials, and polychlorinated biphenyl-containing equipment prior to issuance of a demolition permit.
Submit
documentation
of findings
Prior to
demolition
activities
City of
American
Canyon
9.15.2022
WH
Mitigation Measure 4.6-1b: Health and Safety Plan. If the assessment required by Mitigation
Measure 4.6-1a finds presence of lead-based paint, asbestos, and/or polychlorinated biphenyls, prior to any construction or demolition activities on the project site, the Project Applicant shall submit to the City for approval and shall implement a health and safety plan to protect workers from risks associated with hazardous materials during abatement, demolition or renovation of affected structures.
Submit and
receive approval
of Health and
Safety Plan
Prior to
demolition of
structures
containing leadbased paint,
asbestos, and/or
polychlorinated
biphenyls
City of
American
Canyon
294
[Version: 03.21.24]
54 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification of
Completion
Date Initial
Mitigation Measure 4.6-1c: Lead-Based Paint Removal Plan. If the assessment required by Mitigation Measure 4.6-1a finds presence of lead-based paint, prior to any demolition of structures containing lead based paint, the Project Applicant shall submit to the City for approval and shall implement a lead-based paint removal plan in accordance with City and California Code of Regulations Title 8, §§ 1532.1 et seq., requirements. The plan shall specify, but not be limited to, the following elements for implementation:
● Develop a removal specification approved by a Certified Lead Project Designer;3 ● Ensure that all removal workers are properly trained; ● Contain all work areas to prohibit off-site migration of paint chip debris; ● Remove all peeling and stratified lead-based paint on building and non-building surfaces to the degree necessary to safely and properly complete demolition activities according to recommendations of the survey. The demolition contractor shall be responsible for the proper containment and disposal of intact lead-based paint on all equipment to be cut and/or removed during the demolition; ● Provide on-site personnel and area air monitoring during all removal activities to ensure that workers and the environment are adequately protected by the control measures used;
● Clean up and/or vacuum paint chips with a high efficiency particulate air (HEPA) filter;
● Collect, segregate, and profile waste for disposal determination; or ● Properly dispose of all waste.
Submit and
receive approval
of LeadBased
Paint
Removal Plan
Prior to
demolition of
structures
containing
leadbased paint
City of
American
Canyon
9.15.2022
WH
Mitigation Measure 4.6-1d: Asbestos Abatement. If the assessment required by Mitigation
Measure 4.6-1a finds asbestos, prior to undertaking demolition or construction activities involving asbestos disturbance, the Project Applicant shall, demonstrate to the City that asbestos abatement shall be conducted by a California state licensed contractor prior to building demolition. Abatement of known or suspected asbestos-containing materials shall occur prior to demolition or construction activities that would disturb those Submit
documentation
that abatement
has been
completed
Prior to
demolition of
structures
containing
asbestos
City of
American
Canyon
9.15.2022
WH
3 A Lead Project Designer is defined in CCR Title 17, Division 1, Chapter 8. 295
[Version: 03.21.24]
55 materials. Pursuant to an asbestos abatement plan developed by a state-certified asbestos consultant and approved by the City, all asbestos-containing materials shall be removed and appropriately disposed of by a state certified asbestos contractor in accordance with Caltrans transportation requirements and any requirements of the receiving facility.
Mitigation Measure 4.6-1e: Polychlorinated Biphenyl Abatement. If the assessment required by Mitigation Measure 4.6-1a finds polychlorinated biphenyls (PCBs), prior to undertaking demolition or construction activities that could disturb potential PCBs, the Project Applicant shall ensure that PCB abatement shall be conducted prior to building demolition or renovation. The Project Applicant shall demonstrate to the satisfaction of the City that PCBs shall be removed by a qualified contractor and transported in accordance with Caltrans requirements.
Submit
documentation
of PCB
abatement
Prior to
demolition of
structures
containing PCBs
City of
American
Canyon
9.15.2022
WH
296
[Version: 03.21.24]
56 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification of
Completion
Date Initial
Mitigation Measure 4.6-2a: Phase I Recommendations. Prior to commencement of construction, the Project Applicant shall contract a qualified environmental consulting firm with state registered professionals (Professional Engineers or Geologists) to carry out the recommendations contained in the April 14, 2015, Phase I Environmental Site Assessment report by ENGEO Incorporated pertaining to the potential environmental concerns. The Phase I report included recommendations for collection of surface soil samples for laboratory analysis and oversight of other earthwork activities. The findings of the soil sampling effort shall be submitted to the Napa County Environmental Health Division (NCEHD) prior to initiating any earthwork activities on the project site for direction on whether any further sampling or remediation may be necessary.
Submit
documentation
that
recommendations
of the Phase I
Environmental
Site Assessment
have been
implemented, as
necessary
Prior to
commencement of
construction
City of
American
Canyon
6.1.2022
WH
Mitigation Measure 4.6-2b: Soil Management Plan. The project shall submit and obtain approval of a Soil Management Plan from the Napa County Environmental Health Division (NCEHD) prior to initiating any earthwork activities on the project site. During construction, the contractor shall cease any earthwork activities upon discovery of any suspect soils or groundwater (e.g., petroleum odor and/or discoloration) during construction in accordance with a Soil Management Plan prepared for the project by a qualified environmental consultant and approved by the NCEHD. The contractor shall notify the NCEHD upon discovery of suspect soils or groundwater and retain a qualified environmental firm to collect soil samples to confirm the level of contamination that may be present. If contamination is found to be present, any further proposed groundbreaking activities within areas of identified or suspected contamination shall be conducted according to a site specific health and safety plan, prepared by a California state licensed professional. The contractor shall follow all procedural direction given by NCEHD and in accordance with the Soil Management Plan prepared for the site to ensure that suspect soils are isolated, protected from runoff, and disposed of in accordance with transportation laws and the requirements of the licensed receiving facility.
Submit NCEHDapproved Soil
Management Plan
and Health and
Safety Plan, as
necessary
Prior to grading and
during construction
City of
American
Canyon
and/or
Napa County
Environmental
Health
Division, as
necessary
6.1.2022
WH
297
[Version: 03.21.24]
57 Mitigation Measure 4.6-2c: Removal of Contaminated Soil or Groundwater. If contaminated soil or groundwater is encountered and identified constituents exceed human health risk levels, the Project Applicant shall submit documentation to the City to verify that it has been delineated, removed, and disposed of off site in compliance with the receiving facilities’ requirements prior to construction of any building foundation.
Submit
documentation of
removal of
contaminated soil
or groundwater, if
encountered
Prior to
construction of any
building foundation
City of
American
Canyon
Mitigation Measure 4.6-4: Development within 50 Feet of the Pacific Gas & Electric (PG&E) Pipeline/Easement. Prior to issuance of building or grading permits, Project Applicant shall submit documentation to the City to verify that development plans located within 50 feet of the existing PG&E pipeline/easement, including utilities that may intersect the existing PG&E pipeline, have been submitted to PG&E Gas Transmission Integrity Management and PG&E Land Development for review and approval. Project Applicant plans for all proposed improvements located within this zone shall adhere to the requirements of PG&E Gas Transmission Integrity Management and PG&E Land Development, including without limitation, setback requirements, depth of cover over pipeline, location of trees and maintenance requirements, minimum separation of crossing utilities, trail location, as well as any relocation requirements, if applicable.
Submit
development
plans for any
activities within 50
feet of the existing
PG&E
pipeline/easement
Prior to issuance of
building or grading
permits for any
activities within 50
feet of the existing
PG&E
pipeline/easement.
City of
American
Canyon
and/or PG&E,
as necessary
298
[Version: 03.21.24]
58 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
Section 4.7: Hydrology and Water Quality
Mitigation Measure 4.7-1: Stormwater Pollution Prevention Plan (SWPPP). Prior to issuance of grading permits for the project, the Project Applicant shall submit documentation to the City to verify that a Storm Water Pollution Prevention Plan (SWPPP) has been prepared in accordance with the requirements of the statewide National Pollutant Discharge Elimination System (NPDES) Construction General Permit. The SWPPP shall be designed, without limitation, 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 is completed. The SWPPP shall be prepared by a qualified SWPPP developer and included as part of construction specifications. The SWPPP shall include the minimum BMPs required for the identified Risk Level in accordance with NPDES Construction General Permit requirements. BMPs could include, but are not necessarily limited to the use of straw bales, silt fences, fiber rolls, hydroseeding, preservation of existing vegetation, straw mulch, washing of truck tires prior to exiting site, protection of existing storm drain inlets, dedicated refueling areas with secondary containment, and on-site storage of spill prevention kits. BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook-Construction or the Caltrans Stormwater Quality Handbook Construction Site BMPs Manual.
Submit
Stormwater
Pollution
Prevention Plan
Prior to issuance
of grading
permits
City of
American
Canyon
299
[Version: 03.21.24]
59 Mitigation Measure 4.7-2: Water Discharge Requirements for Dewatering. For areas that may encounter groundwater during excavation activities, the Project Applicant shall incorporate San Francisco Regional Water Quality Control Board (SFRWQCB) discharge requirements into construction specifications for any dewatering activities that may be necessary. The Project Applicant shall provide all requested plans and protocols and incorporate any SFRWQCB additional comments or requests into project specifications for construction activities. Dewatering plans shall include, without limitation, an assessment of water quality, protocols for containment, and thresholds for discharge. No discharge of pumped water for dewatering shall occur prior to approval from SFRWQCB.
Submittal of
dewatering plans
During
excavation
and grading
activities
City of
American
Canyon
300
[Version: 03.21.24]
60 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
Mitigation Measure 4.7-3a: Post-Construction Stormwater Controls. Prior to approval of tentative maps or issuance of building permits for the project, the Project Applicant shall submit documentation to the City to verify that post-construction stormwater controls have been included in the site design in accordance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Phase II Small Municipal Separate Storm Sewer Systems (MS4) Permit and the Bay Area Stormwater Management Agencies Association (BASMAA) Post-Construction Manual. The Project Applicant shall prepare the final Stormwater Control Plan (SCP) and any necessary changes by the City or the SFRWQCB shall be incorporated into project design plans to ensure the required controls are in place and adhere to the requirements of the NPDES Phase II Small MS4 Permit and consistent with the BASMAA manual. At a minimum, the SCP shall demonstrate how the following measures shall be incorporated into the project:
● Low-impact development (LID) site design principles (e.g., preserving natural drainage channels, treating stormwater runoff at its source rather than in downstream centralized controls);
● Source control best management practices (BMPs) in the form of design standards and structural features for all proposed areas of development; ● Source control BMPs for landscaped areas shall be documented in the form of a Landscape
Management Plan that relies on Integrated Pest Management and also includes pesticide and fertilizer application guidelines designed to minimize any off-site discharge; and ● Treatment control measures (e.g., bioretention, porous pavement, vegetated swales) targeting any potential pollutants such as sediment, pathogens, metals, nutrients (nitrogen and phosphorus compounds), oxygen-demanding substances, organic compounds (e.g., PCBs, pesticides), oil and grease, and trash and debris. The SCP shall demonstrate that the project has the land area available to support the proposed BMP facilities sized per the required water quality design storm.
Submit
documentation
of
compliance with
the NPDES
Phase II Small
Municipal
Separate
Storm Sewer
Systems Permit
and the Bay Area
Stormwater
management
Agencies
Association
Postconstruction
Manual
Prior to approval
of tentative
maps or issuance
of building
permits
City of
American
Canyon
301
[Version: 03.21.24]
61 Mitigation Measure 4.7-3b: Compliance with the MS4 Permit. Prior to issuance of any building permits, the Project Applicant shall submit documentation to the City to demonstrate adherence to Provision E.12.h of the Municipal Separate Storm Sewer Systems (MS4) Permit, which requires that an Operation and Maintenance Program is implemented for post-construction stormwater management features. Responsible parties and funding for long-term maintenance of all Best Management Practices (BMPs) must be specified within the Operation and Maintenance Plan. This Plan shall specify a regular inspection schedule of stormwater treatment facilities in accordance with the requirements of the National Pollutant Discharge Elimination System (NPDES) MS4 Permit. Reports documenting inspections and any remedial action conducted shall be submitted regularly to the City for review and approval.
Submit
documentation
that an
Operation and
Maintenance
Program has
been
implemented for
postconstruction
stormwater
management
features
Prior to issuance
of building
permits
City of
American
Canyon
Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification
of
Completion
Date Initial
Section 4.9: Noise
Mitigation Measure 4.9-1: Construction Noise. To reduce the potential for noise impacts due to construction of the project, the Project Applicant shall require construction contractors to implement the following measures:
● Stationary construction noise sources shall not be located within 200 feet of residence. If necessary to locate this equipment within 200 of existing residences, stationary equipment shall be shielded by temporary noise barriers or acoustic enclosures that are long and tall enough to break line of sight.
● Noise barriers or shielding shall be erected for construction work associated with on-site construction activities that involves heavy construction equipment and occurs within 200 feet of residences for an extended period of time (i.e., more than 2 weeks). The barriers shall be long enough to break line of sight and at least 8 feet in height.
Submit
documentation
verifying
implementation
of
mitigation
implementation,
including
construction
Noise
Management
Plan
During
construction
activities
City of
American
Canyon
302
[Version: 03.21.24]
62 ● Equipment warm up areas and equipment storage areas shall not be located closer than 500 feet of adjacent residences.
● All heavy construction equipment and all stationary noise sources (such as diesel generators) shall have properly functioning manufacturer-installed mufflers. ● Stationary noise sources, such as temporary generators and pumps, shall be positioned as far from nearby receivers as possible, within temporary enclosures and shielded by barriers (which could reduce construction noise by as much as 5 dB), or other measures, to the extent feasible.
● Use “quiet” models of air compressors and other stationary equipment where such technology exists. ● Prohibit unnecessary idling of internal combustion engines. ● To further reduce the potential for impacts, a Construction Noise Management Plan shall be prepared and shall include the following:
○ A process by which to provide a minimum of 2 weeks’ advance notice to all residences located within 200 feet of construction activities that are expected to occur for a period of 2 weeks or longer within a defined area, including the approximate start and end dates of such activities.
○ Signs shall be posted at all project entrances upon commencement of construction for the purposes of informing all contractors/subcontractors, their employees, agents, material haulers, and all other persons at the project of the basic requirements of Mitigation Measure 4.9-1.
○ Publicly visible signs shall be posted on security fencing at multiple locations around the perimeter of the project construction boundary that include:
■ Permitted construction days and hours.
■ A telephone number and designated person to contact for registering noise complaints. The designated person shall be available to respond to, and if necessary through complaint verification, take corrective action to ensure that noise emissions from the offending equipment or activity is addressed. Corrective action shall be applied immediately if feasible, and within no later than 48 hours after receipt of the noise complaint. The designated person shall track complaints and corrective actions taken to resolve noise complaint issues. 303
[Version: 03.21.24]
63 Mitigation Measures
Method of
Verification
Timing of
Verification
Responsible
for
Verification
Verification of
Completion
Date Initial
Section 4.12: Transportation and Traffic
Mitigation Measure 4.12-3a (same as Mitigation Measure 4.2-2a in Section 4.2, Air Quality and Greenhouse Gas Emissions): Transportation Demand Management (TDM) Program. Prior to issuance of the first building permit for the non-residential use areas (i.e., Napa Valley Ruins & Gardens [NVR&G] and hotel), the Project Applicant shall develop a TDM program for the non-residential use areas (i.e., NVR&G and hotel) and shall submit the TDM program to the City Department of Public Works for review and approval. The Project Applicant shall be responsible for funding and overseeing the delivery of trip reduction/TDM proposed programs and strategies, which may include, but are not limited to, the following:
1. Establishment of carpool, buspool, or vanpool programs;
2. Vanpool purchase incentives;
3. Cash allowances, passes or other public transit subsidies and purchase incentives;
4. Preferential parking locations for ridesharing vehicles;
5. Computerized commuter rideshare matching services;
6. Guaranteed ride-home program for ridesharing;
7. Bicycle programs including bike purchase incentives, storage, and maintenance programs;
8. On-site car share and bike share service;
9. Preparation of a Parking Management Plan to address parking accommodations for large events;
10. Designation of an on-site transportation coordinator for the project;
11. Transit and trip planning resources such as commute information kiosk;
12. Employer-provided showers, changing rooms, and clothing lockers for office employees that commute via active transportation;
13. Bicycle route mapping resources;
14. Participation in future citywide Transportation Management Association (TMA); and
15. Submit annual reports to the City regarding TDM activities.
Approval of TDM
program
Prior to issuance
of first building
permit
for the
nonresidential
use area (i.e.,
NVR&G and
hotel)
City of
American
Canyon
3.21.2024
WH
304
305
306
307
308
309
MASTER CONDITIONS OF APPROVAL
FOR AC-1 PORTION OF WATSON RANCH
1 Copyright © 2020 by Michael Patrick Durkee. All rights reserved. No portion of these Master Conditions may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee.
A. MASTER CONDITIONS - GENERALLY
Master
COA # Developer Obligations Mechanism Implementation; Parcel # Status
1. These Master Conditions of Approval (“ Master Conditions”) adopted by the City of American Canyon (“ City”) relate only to the American Canyon I, LLC portion of the City’ s Watson Ranch project (“ Project”). American Canyon I, LLC shall also be referred to herein as “ AC-1,” “ Master Developer,” Developer,” and/or “Applicant,” and shall include successors, as explained and controlled by the Development Agreement between the City and AC-1 Development Agreement”). Unless otherwise defined in these Master Conditions, terms and phrases used in these Master Conditions shall have that meaning set forth in the Development Agreement. The Development Agreement, as amended over time, shall control over these Master Conditions and any subsequent “ Specific Conditions,” as described herein. These Master Conditions provide certain provisions of the Development Agreement.
However, regardless of whether present or not in these Master Conditions, the entire Development Agreement, as amended over time, shall apply to, and control over, these Master Conditions.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit,
Occupancy
Permit
Applicable
or
Satisfied
2. The Project’ s “ Large Lot Vesting Tentative Map” was approved and later recorded as the “ Large Lot Final Map,” producing twenty four (24) lots/parcels Large Lot Parcels”). Each of those Large Lot Parcels will be further subdivided over time creating additional lots/parcels. These Master Conditions apply to the Project, the large Lot Parcels, and all such subsequent subdivision map approvals. The idea behind these Master Conditions is to establish a consistent set of “rules” ( Conditions of Approval) that can be used throughout the implementation of the Project, thereby ensuring certainty and efficiency.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit,
Occupancy
Permit
Applicable
3. These Master Conditions also express certain requirements from the Watson Ranch Specific Plan.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit,
Occupancy
Permit
Applicable
4. These Master Conditions also contain the relevant Mitigation Measures relating to the Project, including without limitation, the EIR’s Mitigation Monitoring and Reporting Program, as clarified, updated and refined by these Master Conditions to reflect implementation progress.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit,
Occupancy
Permit
Applicable
5. These Master Conditions also contain requirements from the City's standard Subdivision Improvement Agreement (“ SIA”) in order to streamline the future SIA process. Subsequent subdividing of the Project will involve SIAs, which SIAs will employ these Master Conditions.
SIA Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit,
Occupancy
Permit
Applicable
310
MASTER CONDITIONS OF APPROVAL
FOR AC-1 PORTION OF WATSON RANCH
2 Copyright © 2020 by Michael Patrick Durkee. All rights reserved. No portion of these Master Conditions may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee.
6. In addition to these Master Conditions, “ Specific Conditions of Approval” also referred to as “ Specific Conditions) resulting from the subsequent subdivision map approvals, Design Permit/Guidelines approvals, and/or other development approvals may be drafted and imposed on a Large Lot Parcel’ s subsequent development. Such Specific Conditions may stand alone and be imposed in addition to these Master Conditions, and/or may be added to these Master Conditions over time. Any and all such Specific Conditions shall be subject to and controlled by these Master Conditions, which Master Conditions shall be be subject to, and controlled by, -the Development Agreement. If a conflict arises between these Master Conditions, and/or any Specific Conditions and the express and/or implied provisions of the Development Agreement, as amended over time, the Development Agreement shall control.
Where possible, these Master Conditions describe the “ Mechanism” for satisfying the Master Condition ( for example, subdivision map approval, adopted Design Guidelines, etc.), the “ Implementation” timing of the Master Condition (for example, Building Permit issuance), and the “ Status” of such Master Condition performance ( whether the requirement is still “Applicable, whether it has been “ Completed,” etc.). Additionally, through subsequent mapping” of a particular Large Lot Parcel pursuant to the Subdivision Map Act, listed Master Conditions applicable to that Parcel may be further organized into relevant Phases ( phased final maps) of that Parcel, if applicable.
As used in these Master Conditions, a reference to “All” or “All Parcels” shall mean that the Master Condition is setting a general rule that applies to the development of any and all Large Lot Parcels. When these Master Conditions provide that the Master Condition in question shall apply to “Applicable Parcels,” that means that each Parcel over which the Master Backbone Infrastructure (MBI) in question lies and/or abuts (and therefore the Parcel is responsible for the “Parcel’ s MBI Portion”) is one of the “ Applicable Parcels.” Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit,
Occupancy
Permit
Applicable
7. As used in these Master Conditions, the following definitions shall apply.
SIA” shall mean the relevant/applicable “Subdivision Improvement Agreement.” “ Major Backbone Infrastructure” work or “MBI” shall have that meaning provided by the Development Agreement. “ Public Improvements” work shall mean infrastructure improvements to be constructed by Developer, and then dedicated to, accepted by, and opertated and maintained by, City.
Private Improvements” shall mean infrastructure improvements that shall be constructed by Developer and not be dedicated to, accepted by, and opertated and maintained by, City. “Improvement Plans” shall mean those improvement plans and specifications relating to MBI, Public Improvements, and/or Private Improvements. Developer shall obtain City approval of all Improvement Plans for the relevant MBI, Public Improvements, and/or Private Improvements work. All work on the relevant MBI, Public Improvements, and/or Private Improvements shall be performed by Developer at the places, at the grades, with the materials, and in the manner as shown on the City-approved Improvement Plans. Additionally, the phrase: “ Pre-Final Map, Final Map Recordation, Grading Permit, Construction Permit, Building Permit, Occupancy Permit” shall mean that the timing of performance of the particular Master Condition will be satisfied at one of those performance events, as will be determined by the Subsequent Approval.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit,
Occupancy
Permit
Applicable
311
MASTER CONDITIONS OF APPROVAL
FOR AC-1 PORTION OF WATSON RANCH
3 Copyright © 2020 by Michael Patrick Durkee. All rights reserved. No portion of these Master Conditions may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee.
8. Unless otherwise set forth in these Master Conditions, or unless otherwise agreed to by City and Developer, each Parcel shall be responsible for the entirety of the design and construction of the “ Master Backbone Infrastructure” ( also “ MBI”) of the Public Improvement for the geographic distance of the Parcel’ s entire frontage on such MBI, and/or the entire geographic distance that such MBI traverses such Parcel (“ Parcel’ s MBI Portion”). For example, if the MBI in question is Rio Del Mar, then the Parcel in question shall be responsible for the design and construction of all of that portion of Rio Del Mar that traverses and/or abuts such Parcel, i.e., the Parcel’ s MBI Portion.” Such Parcel MBI Portion design and construction shall be to the “ ultimate design” of the MBI in question, including without limitation, ultimate width, depth, curb, gutter, sidewalk, street lighting, landscaping, etc. City, Developer, and the owner /builder of the relevant Parcel if different than Developer) may by mutual agreement refine the requirements of this Master Condition. Therefore, if the Master Conditions provide that the Master Condition in question shall apply to “Applicable Parcels,” that means that each Parcel over which the MBI in question lies and/or abuts ( and therefore the Parcel is responsible for the “ Parcel’ s MBI Portion”) is one of the Applicable Parcels.” If the MBI in question traverse and/or abuts more than one Parcel, then the responsibility of each such Parcels shall be determined Proportional Share”) and the first Parcel (of such Parcels) to develop shall be responsible for the design and construction of all of that portion of MBI and that traverses and/or abuts such first Parcel ( i.e., the “ Parcel’ s MBI Portion”) and such first Parcel shall have the right to secure a Reimbursement Agreement from the City so that such first Parcel is reimbursed by such other Parcels for such other Parcels’ Proportional Share at such time when such other Parcel(s) would have otherwise been responsible to provide such MBI, or at such other time/or by such means as is mutually agreed to by City and Developer.
Applicable
Parcels
Parcel’ s
MBI Portion
Reimburse
Pre-Final Map,
final map
recordation,
Grading Permit,
Construction
Permit, Building
Permit,
Occupancy
Permit
Applicable
9. When Parcel-necessary infrastructure has not yet been brought to the physical geographic) location of the Parcel in question to be developed (the “ Relevant Parcel”), then the development of such Relevant Parcel shall require (unless otherwise agreed between City and Developer) that such Relevant Parcel shall provide and construct all of the MBI otherwise required of other Parcels (the Parcel MBI Portion of all such other Large Lot Parcels) over which the MBI is needed to traverse and/or abut in order to access the Relevant Parcel and bring and provide such Parcel-necessary infrastructure to the Relevant Parcel. In such a case, the Relevant Parcel shall have the right to secure a Reimbursement Agreement from the City so that the costs of such additional provision and construction by the Relevant Parcel of the MBI otherwise required of such other Parcels is reimbursed to the Relevant Parcel at such time as such other Parcel(s) would have otherwise been responsible to provide such infrastructure, or at such other time/or by such means as is mutually agreed to by City and Master Developer.
Relevant
Parcels
Parcel’ s
MBI Portion
Reimburse
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit,
Occupancy
Permit
Applicable
10. When a Large Lot Parcel is further subdivided, it shall have its own separate SIA and attached Exhibit(s) containing relevant Master Conditions and any other Specific Conditions, as described herein.
SIA
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit,
Occupancy
Permit
Applicable
312
MASTER CONDITIONS OF APPROVAL
FOR AC-1 PORTION OF WATSON RANCH
4 Copyright © 2020 by Michael Patrick Durkee. All rights reserved. No portion of these Master Conditions may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee.
11. These Master Conditions apply to Developer, and Developer’ s successors, as more specifically set forth in the Development Agreement, as amended over time.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit,
Occupancy
Permit
Applicable
B. MASTER CONDITIONS - SPECIFIC PLAN
Master
COA # Developer Obligations
Mechanism Implementation;
Parcel # Status
12. PHASING OF PRIVATE DEVELOPMENT
NVR& G is a development priority in the Specific Plan. Development of the NVR& G may commence pursuant to the phasing plan as part of phase 1. If not initiated during phase 1 of the residential development, the NVR& G must commence development in conjunction with the start of phase 2 of the residential development. Developer shall have the right to commence development of any portion of the NVR& G at any time provided necessary MBI and other Public Improvements are constructed and operational before or at the time of occupancy of such portion of the NVR& G.
Relevant
Subsequent
Approvals
Relevant Parcel Applicable
C. MASTER CONDITIONS – DEVELOPMENT AGREEMENT
Master
COA #
Section
and
Page
Developer Obligations Mechanism Implement. Status
13. The entire Development Agreement, as amended, shall apply.
Any reference in these Master Conditions to “Development Agreement” shall mean the Development Agreement by and
between AC-1 and City, as amended over time. The following Master Conditions provide certain terms and conditions set forth in the Development Agreement, and shall automatically be amended as the Development Agreement is amended over time. Not all Development Agreement terms and conditions are set forth below; however, all terms and conditions of the Development Agreement, as amended over time, shall
nonetheless apply to the Project, the Project Approvals, these Master Conditions, and any Specific Conditions, regardless of whether or not set forth herein.
Relevant
Subsequent
Approvals
Pre-Final
Map,
Grading
Permit,
Construction
Permit,
Building
Permit,
Occupancy
Permit
Applicable
14. §§ 2.06
through
2.07
As more particularly described in the Development
Agreement, if chosen by Master Developer in its sole and exclusive discretion, Master Developer shall be responsible for the design and construction of the “Phase 1 Newell Drive Initial Access.” The Phase 1 Newell Drive Initial Access shall begin (commence) from the existing terminus of Newell Drive, Relevant
Subsequent
Approvals
Certain
proceeds
As set forth
in
Development
Agreement
e.g., PreFinal Map,
Applicable
313
MASTER CONDITIONS OF APPROVAL
FOR AC-1 PORTION OF WATSON RANCH
5 Copyright © 2020 by Michael Patrick Durkee. All rights reserved. No portion of these Master Conditions may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee.
northward to the intersection of Newell Drive and Rio Del Mar then westward on Rio Del Mar to the intersection of Rio Del Mar and Loop Road, then northward on Loop Road to include Loop Road Segment 1,” as that term is defined in Section
2.07 of the Development Agreement, and as shown on Exhibit B to the Development Agreement, and Exhibit A to these
Master Conditions.
from State
of California
will help
fund
portions of
the Newell
Drive Initial
Access
SIA, Grading
Permit,
Construction
Permit,
Building
Permit,
Occupancy
Permit)
15. § 2.06(c)(1)
As more particularly described in the Development
Agreement, if chosen by Master Developer in its sole and exclusive discretion, Master Developer shall be responsible for the design and construction of the “ Phase 2 Newell Drive Initial Access.” The Phase 2 Newell Drive Initial Access shall include the extension of Rolling Hills Drive from the Phase 1 terminus of Rolling Hills Drive northward to the intersection of Rolling Hills Drive and Rio Del Mar, and the extension of Loop Road from the Phase 1 terminus of Loop Road, to the northward edge of Loop Road Segment 2, as both are shown on Exhibit B to the Development Agreement, and Exhibit A to these Master Conditions.
Applicable
Parcels
As set forth
in
Development
Agreement
Applicable
16. 2.06(c)(1)
As more particularly described in the Development
Agreement, before the 743rd building permit for a residential structure on the Project can be issued by the City, Developer, at Developer’ s sole and exclusive discretion, shall construct one of the following roadway improvements (all shown on Exhibit B to the Development Agreement and Exhibit A to these Master Conditions.):
A. Commencing from the intersection of Loop Road and Rio Del Mar westward on Rio Del Mar to the intersection of Rio Del Mar and SR 29, as shown on Exhibit B to the
Development Agreement.
B. Commencing from the intersection of Loop Road and Rio Del Mar westward on Rio Del Mar, then southward as Rio Del Mar becomes South Napa Junction, to the intersection of South Napa Junction and SR 29, as shown on Exhibit B to the
Development Agreement, and Exhibit A to these Master
Conditions.
Any and all affordable residential housing units built in the Watson Ranch Specific Plan shall be exempt from, and
therefore shall not be included, in determining the 743 residential housing unit count or any other residential unit cap.
Applicable
Parcels
As set forth
in
Development
Agreement
Applicable
17. § 2.07(a)
Developer shall not be responsible for any fees and costs related to the City Attorney, and/or any City Special Legal Counsel regarding any railroad croswsing, roadway, and/or other MBI.
Applicable
Parcels
Pre-Final
Map, SIA,
Grading
Permit,
Applicable
314
MASTER CONDITIONS OF APPROVAL
FOR AC-1 PORTION OF WATSON RANCH
6 Copyright © 2020 by Michael Patrick Durkee. All rights reserved. No portion of these Master Conditions may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee.
Construction
Permit,
Building
Permit,
Occupancy
Permit
18. § 2.07(c)(1)
At the time of Building Permit issuance for a “ Model Plan Review” ( model home plan review) residential unit, Developer shall pay to City Processing Fees in the amount designated for that size/type of model home residential unit set forth in Exhibit C to the Development Agreement. Said amount of
Processing Fees shall be considered to be in Calendar Year 2019 dollars, and, commencing in 2020, that amount shall be increased each year by the relevant year’ s percentage amount set forth in the Construction Cost Index for the San Francisco Region.
Applicable
Parcels
Building
Permit
Applicable
19. § 2.07(c)(2)
At the time of Building Permit issuance for an “ After Model Plan Review” residential unit, Developer shall pay to City Processing Fees in the amount designated for that size/type of After Model Plan Review residential unit set forth in Exhibit C to the Development Agreement. Said amount of Processing Fees shall be considered to be in Calendar Year 2019 dollars, and, commencing in 2020, that amount shall be increased each year by the relevant year’ s percentage amount set forth in the Construction Cost Index for the San Francisco Region.
Applicable
Parcels
Building
Permit
Applicable
20. 2.07(c)
Processing of project approvals shall be performed pursuant to the Development Agreement.
Applicable
Parcels
Pre-Final
Map, SIA,
Grading
Permit,
Construction
Permit,
Building
Permit,
Occupancy
Permit
Applicable
21. 2.07(c)(3)
Pages 34-35
Developer shall pay, one or some combination of the following options, in Developer’ s sole and exclusive discretion:
A. To City, those Processing Fees that at the
time Processing Fees are due to City reflects the amount that City actually expends to provide such processing services, which City actual expenditures shall not include any
administrative fees, charges, and/or assessments; and/or B. To a third-party consultant (“ Processing
Consultant”) acceptable to City and contracted directly with Developer the amount that the Processing Consultant and Developer contract for such processing services. Should Applicable
Parcels
Pre-Final
Map, SIA,
Grading
Permit,
Construction
Permit,
Building
Permit,
Occupancy
Permit
Applicable
315
MASTER CONDITIONS OF APPROVAL
FOR AC-1 PORTION OF WATSON RANCH
7 Copyright © 2020 by Michael Patrick Durkee. All rights reserved. No portion of these Master Conditions may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee.
Developer desire to contract with a particular Processing Consultant, prior to entering into such contract, Developer shall provide written notice to City at least thirty (30) days prior to Developer entering into such Processing Consultant contract ( the “ 30-day period”), which notice to City shall address such intended contract, including without limitation, naming the intended Processing Consultant. Within thirty (30) days of receipt of such notice from Developer, City shall indicate its consent or objections, in writing. If City fails to raise objection to Developer within such 30-day period, City consent shall be deemed provided. If City raises objection to such Developer- noticed Processing Consultant within said 30- day period, then the Resolution Process set forth in the Development Agreement shall apply. City and Developer shall maintain and update a list of Processing Consultants acceptable to City. And/or,
C. To a Processing Consultant acceptable to
City and contracted directly with Developer and City (a threeparty agreement) the amount that the Processing Consultant and Developer contract for such processing services. Again, City and Developer shall maintain and update a list of
Processing Consultants acceptable to City.
22. § 2.07(d)
Pages 35-36
In Developer’ s sole and exclusive discretion, Developer shall pay Inspection Fees for residential development, MBI, in -tract infrastructure, NVRG and Hotel, and/or any other Project construction requiring inspection, in either or some
combination of the following options:
1. To City, those Inspection Fees that at the time
Inspection Fees are due to City reflects the amount that City actually expends to provide such inspection services, which City actual expenditures shall not include any administrative fees, charges, and/or assessments; and/or;
2. To a third-party consultant acceptable to City
and contracted directly with Developer (“ Inspection
Consultant”) the amount that the Inspection Consultant and Developer contract for such inspection services. Should Developer desire to contract with a particular Inspection Consultant, prior to entering into such contract, Developer shall provide written notice to City at least thirty (30) days prior to Developer entering into such Inspection Consultant contract (the “ 30-day period”), which notice to City shall address such intended contract, including without limitation, naming the intended Inspection Consultant. Within thirty (30) days of receipt of such notice from Developer, City shall indicate its consent or objections, in writing. If City fails to raise objection to Developer within such 30-day period, City consent shall be deemed provided. If City raises objection to Applicable
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such Developer- noticed Inspection Consultant within said 30- day period, then the Resolution Process set forth in the Development Agreement shall apply. City and Developer shall maintain and update a list of Inspection Consultants acceptable to City. And/or,
3. To an Inspection Consultant acceptable to City and
contracted directly with Developer and City (a three-party agreement) the amount that the Inspection Consultant and Developer contract for such inspection services. Again, City and Developer shall maintain and update a list of Inspection Consultants acceptable to City.
23. § 2.07(f)
During the Term of the Development Agreement, Developer shall not pay any past, current and/or future City development fees, impact fees, mitigation fees and/or any and all other impact fees imposed on development in the City in any and all categories ( collectively, “ City Impact Fees”). Such City Impact Fees that Developer shall not pay during the Term of the Agreement include, without limitation, Civic Facility Fees, Wastewater Capacity Fees, Water Capacity Fees, Traffic
Impact Fees, Parks & Recreation Fees, and/or General Plan Update Fees, and any other present or future City Impact Fee imposed on development to mitigate Project impacts and
provide funding for public infrastructure, services and/or facilities.
Applicable
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24. §
2.07(h)(1)(D)
Developer shall improve and construct the relevant portions of Newell Drive, including and excluding, as follows: Newell Drive Segment 1, with the exception that the portion of such Newell Drive Segment 1 improvements located on the Newell Property that Developer shall improve and construct shall be limited to one-half (1/2) width of a typical roadway section (as shown in the Specific Plan), which provides for a single travel lane in each direction.
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25. §
2.07(h)(1)(E)
Developer’ s commencement of Watson Ranch Specific Plan’ s Phase 4 of residential development shall be conditioned upon Developer’ s commencement of “Developer’ s Newell Drive Obligations,” provided the relative/relevant “ City Precursors” prerequisites) to each such Developer’ s Newell Drive
Obligations have been satisfied by City, all as provided in the Development Agreement.
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26. §
2.07(h)(1)(E)
If at Developer’ s planned commencement of Watson Ranch Specific Plan’ s Phase 4 of residential development, the City Precursors are not fully satisfied and in place, then Developer may commence development of the Watson Ranch Specific
Plan’ s Phase 4 of residential development and shall no longer be responsible for Developer’ s Newell Drive Obligation. The status of the City Precursors shall be addressed in the Annual Review of the Development Agreement in order to keep the Parties apprised of status.
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27. 2.07(h)(2)
Regarding Rio Del Mar With an At-Grade Railroad Crossing.
A railroad crossing at Rio Del Mar is anticipated for the Project by the General Plan and Specific Plan. The Parties generally desire that the railroad crossing at Rio Del Mar be an at-grade” crossing. However, the Parties also recognize that time, money, and the authority of others, including without limitation governmental agencies such as the California Public Utilities Commission (“ PUC”), have influence and authority over such at-grade crossing options. Further, the Parties recognize that time savings, certain Developer financial obligation reductions, and other factors may make a gradeseparated crossing at Rio Del Mar more attractive and achievable. Lastly, the Parties recognize that should an atgrade or grade-separated railroad crossing at Rio Del Mar prove unsuccessful, there exists a private at-grade railroad crossing at South Napa Junction that is the subject of a previous settlement agreement. Therefore, which railroad crossing to pursue will be an evolving analysis by the Parties as they work through the many issues. At any time period during which an at-grade railroad crossing is being pursued, Developer, exercising its sole and exclusive discretion, shall have the right to assert to City that such an at-grade application should be abandoned and/or otherwise put aside and that a grade-separated railroad crossing at Rio Del Mar shall be pursued. If such an assertion is made, then such at-grade application will be abandoned and/or otherwise put aside and a grade-separated railroad crossing at Rio Del Mar shall be pursued by the Parties.
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28. 2.07(h)(2)(C)
Pages 42-43
When Developer or City is required by the Development
Agreement (below) to construct (or cause the financing and/or construction of) At-Grade Rio Del Mar improvements, such improvements shall be constructed and improved at such time as set forth in the Project s relevant subdivision map approval.
That being stated, general construction and improvement obligations regarding At-Grade Rio Del Mar are as follows:
i. Developer shall be responsible for the construction
and improvement of At-Grade Rio Del Mar Segment
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1 at such time as set forth in the Project' s relevant
subdivision map approval, provided that Developer
shall be reimbursed by City for Developer' s full costs related to such construction and improvement of
such At-Grade Rio Del Mar Segment 1, and
provided that such full reimbursement by City to
Developer shall occur the earlier of the following
events: Within thirty (30) days of the date of the
recording of any final subdivision map regarding the
Adobe Property," or within thirty (30) days of the
date of the City's issuance of any Building Permit
regarding the Adobe Property. For the purposes of
the Development Agreement, the "Adobe Property"
shall mean that property depicted on Exhibit A to the
Development Agreement. Further, for the purposes
of the Development Agreement, Developer' s full
costs ( including without limitation, a reasonable
construction management fee in an amount
consistent with practices within the trades for such
roadway construction, and every other task required)
related to such construction and improvement of
such At-Gracie Rio Del Mar Segment l shall be
referred to as " Developer's At-Grade Rio Del Mar
Segment 1 Costs";
ii. Developer shall be responsible for the construction and improvement of At-Grade Rio Del Mar Segment
2 at such time as set forth in the Project's relevant
subdivision map approval, provided that Developer
shall be reimbursed by City for Developer's full costs
related to such construction and improvement of
such At-Grade Rio Del Mar Segment 2, with such
reimbursement being a priority, and coming from
funds City secures through City's imposition on
other development in the City some form of fees,
charges, assessments and/or other means, and further
provided that such City reimbursement obligation to
Developer shall continue until such time asDeveloper is fully so reimbursed, or the Development Agreement's Term concludes,
whichever occurs first. For the purposes of the
Development Agreement, Developer's full costs
related to such construction and improvement of
such At-Grade Rio Del Mar Segment 2 shall be
referred to as " Developer's At-Grade Rio Del Mar
Segment 2 Costs";
iii. The details of the "At-Grade Rio Del Mar Railroad
Crossing Segment" are addressed in subdivision
Occupancy
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h)(4) of the Section 2.07 of the Development
Agreement;
iv. Developer shall be responsible for the construction and improvement of At-Grade Rio Del Mar Segment
3 at such time as set forth in the Project' s relevant
subdivision map approval;
v. Developer shall be responsible for the construction
and improvement of At-Grade Rio Del Mar Segment
4 at such time as set forth in the Project' s relevant
subdivision map approval; and,
vi. Developer shall be responsible for the construction and improvement of At-Grade Rio Del Mar Segment
5 at such time as set forth in the Project' s relevant
subdivision map approval.
29. §
2.07(h)(3)(B)
Pages 44-45
It is understood by the Parties that all such right-of-way dedications shall reflect the right-of-way requirements of the General Plan and Specific Plan, and that if City is responsible for securing the dedication, that City shall secure the dedication at City’ s sole cost and expense and at such time as the Parties agree is necessary to ensure the absence of Developer construction delay on the Rio Del Mar
Improvements. City shall coordinate the acquisition of rightof-way from the relevant property owner, with the goal being the full dedication of Grade-Separated Segment A and GradeSeparated Segment B, and Grade-Separated E at no cost to the Parties. The Parties recognize that if eminent domain or other City actions are necessary to acquire the right-of-way from the relevant property owner(s) needed for the construction of Grade-Separated Segment A, Grade-Separated Segment B, and Grade-Separated E, delays may occur and shall be allowed.
Should eminent domain be required, acquisition shall be by, and at the sole and exclusive cost and expense of, City.
Regarding the dedication of the relevant Segments of GradeSeparated Rio Del Mar, the following shall apply:
i. City shall secure the dedication of Grade-Separated
Rio Del Mar Segment A;
ii. City shall secure the dedication of Grade-Separated Rio Del Mar Segment B;
iii. The details of the “Grade-Separated Rio Del Mar
Railroad Crossing Segment” are addressed below in
subdivision (h)(4) of the Section 2.07 of the
Development Agreement;
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iv. Developer shall dedicate to City, upon the Project’ s first recorded subdivision map (e.g., the final map
relating to the Large Lot Vesting Tentative Map),
Grade-Separated Rio Del Mar Segment C;
v. Developer shall dedicate to City, upon the Project’ s first recorded subdivision map (e.g., the final map
relating to the Large Lot Vesting Tentative Map),
Grade-Separated Rio Del Mar Segment D; and
vi. City secured the dedication of Grade-Separated Rio
Del Mar Segment E through the recordation of the
Newell Parcel Map.
30. 2.07(h)(3)(C)
Pages 45-46
It is understood by the Parties that when Developer or City is required by the Development Agreement ( below) to construct or cause the financing and/or construction of) GradeSeparated Rio Del Mar improvements, such improvements shall be constructed and improved at such time as set forth in the Project’ s relevant subdivision map approval. That being stated, general construction and improvement obligations regarding Grade-Separated Rio Del Mar are as follows:
i. Developer shall be responsible for the construction
and improvement of Grade-Separated Rio Del Mar
Segment A at such time as set forth in the Project’ s
relevant subdivision map approval, provided that the
portion of the costs to Developer of constructing and
improving Grade-Separated Rio Del Mar Segment A
that is equal to “Developer’ s At-Grade Rio Del Mar
Segment 1 Costs” shall be reimbursed by City to
Developer, and provided that such reimbursement by
City to Developer (for the dollar amount of the
portion of the costs to Developer of constructing and
improving Grade-Separated Rio Del Mar Segment A
that is equal to “Developer’ s At-Grade Rio Del Mar
Segment 1 Costs”) shall occur the earlier of the
following events: Within 30 days of the date of the
recording of any final subdivision map regarding the
Adobe Property, or within 30 days of the date of any
City issuance of any Building Permit regarding the
Adobe Property.
ii. Developer shall be responsible for the construction and improvement of Grade-Separated Rio Del Mar
Segment B at such time as set forth in the Project’ s
relevant subdivision map approval, provided that the
portion of the costs to Developer of constructing and
improving Grade-Separated Rio Del Mar Segment B
that is equal to “Developer’ s At-Grade Rio Del Mar
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Segment 2 Costs” shall be reimbursed by City to
Developer, and provided that such reimbursement by
City to Developer ( for the dollar amount of the
portion of the costs to Developer of constructing and
improving Grade-Separated Rio Del Mar Segment B
that is equal to “Developer’ s At-Grade Rio Del Mar
Segment 2 Costs”) shall be a priority, and shall come
from funds come from funds City secures through
City’ s imposition on other development in the City
some form of fees, charges, assessments and/or other
means, and further provided that such City
reimbursement obligation to Developer shall
continue until such time as Developer is fully so
reimbursed, or the Development Agreement’ s Term
concludes, whichever occurs first.
iii. The details of the “ Grade-Separated Rio Del Mar
Railroad Crossing Segment” are addressed in the
Development Agreement;
iv. Developer shall be responsible for the construction and improvement of Grade-Separated Rio Del Mar
Segment C at such time as set forth in the Project’ s
relevant subdivision map approval;
v. Developer shall be responsible for the construction
and improvement of Grade-Separated Rio Del Mar
Segment D at such time as set forth in the Project’ s
relevant subdivision map approval; and
vi. Developer shall be responsible for the construction and improvement of Grade-Separated Rio Del Mar
Segment E at such time as set forth in the Project’ s
relevant subdivision map approval.
31. §
2.07(h)(3)(E)
It is understood by the Parties that right-of-way dedications shall reflect the right-of-way requirements of the General Plan and Specific Plan, and that if City is responsible for securing the dedication under the Development Agreement, that City shall secure the dedication at City’s sole cost and expense and at such time as the Parties agree is necessary to ensure the absence of Developer construction delay on South Napa
Junction. City shall coordinate the acquisition of right -of-way from the relevant property owner, with the goal being the full dedication of South Napa Junction Segment 1 and/or South Napa Junction Segment 2 at no cost to the Parties. The Parties recognize that if eminent domain or other City actions are necessary to acquire the right-of-way from the relevant property owner(s) needed for the construction South Napa Junction Segment 1 and/or South Napa Junction Segment 2, Applicable
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delays may occur and shall be allowed. Should eminent
domain be required, acquisition shall be by, and at the sole and exclusive cost and expense of, City. Regarding the dedication of the relevant Segments of South Napa Junction, the
following shall apply:
i. City shall secure the dedication of South Napa
Junction Segment 1;
ii. City shall secure the dedication of South Napa
Junction Segment 2;
iii. The details of the “ South Napa Junction Railroad
Crossing” are addressed in subdivision ( h)(4) of the Section
2.07 of the Development Agreement;
The details of the “ South Napa Junction Railroad
Crossing” are addressed in subdivision ( h)(4) of the
Section 2.07 of the Development Agreement.
32. §
2.07(h)(3)(F)
General construction and improvement obligations regarding South Napa Junction are as follows:
i. Developer shall be responsible for the
construction and improvement of South Napa Junction
Segment 1 at such time as set forth in the Project’ s relevant subdivision map approval, provided that Developer shall be reimbursed by City for Developer’ s full costs related to such construction and improvement of such South Napa Junction Segment 1, and provided that such full reimbursement by City to Developer shall occur the earlier of the following events:
The recording of any final subdivision map regarding the Adobe Property,” or the City issuance of any Building Permit regarding the Adobe Property. For the purposes of the
Development Agreement, the “Adobe Property” shall mean
that property depicted on Exhibit A to the Development
Agreement. Further, for the purposes of the Development Agreement, Developer’ s full costs related to such construction and improvement of such South Napa Junction Segment 1 shall be referred to as “ Developer’ s South Napa Junction Segment 1 Costs”;
ii. Developer shall be responsible for the
construction and improvement of South Napa Junction
Segment 2 at such time as set forth in the Project’ s relevant subdivision map approval, provided that Developer shall be reimbursed by City for Developer’ s full costs related to such construction and improvement of such South Napa Junction Segment 2, with such reimbursement being a priority, and coming from funds City secures through City’s imposition on other development in the City some form of fees, charges, assessments and/or other means, and further provided that such Applicable
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MASTER CONDITIONS OF APPROVAL
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City reimbursement obligation to Developer shall continue until such time as Developer is fully so reimbursed, or the Development Agreement’ s Term concludes, whichever occurs first;
iii. The details of the “ South Napa Junction Railroad
Crossing” are addressed in subdivision ( h)(4) of the Section
2.07 of the Development Agreement;
iv. Developer shall be responsible for the
construction and improvement of South Napa Junction
Segment 3 at such time as set forth in the Project’ s relevant subdivision map approval;
v. Developer shall be responsible for the
construction and improvement of South Napa Junction
Segment 4 at such time as set forth in the Project’ s relevant subdivision map approval; and,
vi. Developer shall be responsible for the
construction and improvement of South Napa Junction
Segment 5 at such time as set forth in the Project’ s relevant subdivision map approval.
33. § 2.07(h)(4)(B)
City shall be responsible for making any and all application( s) to such relevant public agencies including without limitation the PUC for any and all such rail crossing(s), and Developer shall be responsible for coordinating and paying for the consultants needed to support that effort. Developer shall be responsible for all City Staff costs and fees relating to whichever/all railroad crossings pursued, which City Staff costs and fees reflect the amount that City actually expends for such City Staff costs and fees, which City actual expenditures shall not include any administrative fees, charges, and/or assessments; Developer shall not be responsible for the City costs and fees relating to the City Attorney, and any additional City-hired special legal counsel, regarding whichever/all railroad crossings are pursued.
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34. §
2.07(h)(4)(C)
Pages 49-50
If Developer, in its sole and exclusive discretion, determines to pursue the At-Grade Railroad Crossing, then the following shall apply:
i. Developer shall provide City written notice that
Developer has determined to pursue the At-Grade Railroad Crossing; and
ii. Developer shall be responsible for the costs and
fees related to such At-Grade Railroad Crossing Segment.
Developer shall be responsible for all costs related to the SR 29/Rio Del Mar Tie-in, up to a maximum of $2.5 million. Any amount beyond such $2.5 million shall be subject to the Resolution Process” requirements of Section 2.03 of the Development Agreement, where the Parties will endeavor to resolve the amount in excess of $2.5 million dollars. City shall Applicable
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be responsible for making application to all relevant public agencies - including without limitation, the California Department of Transportation (“ CalTrans”) - to secure
encroachment Permits required to build that SR 29 Tie-In Developer decides to pursue (either the SR 29/Rio Del Mar Tie-In or the SR 29/South Napa Junction Tie-In). Developer shall be responsible for the costs and fees related to such City cooperation, coordination and application, including the costs and fees related to City Staff, which City Staff costs and fees reflect the amount that City actually expends for such City Staff costs and fees, which City actual expenditures shall not include any administrative fees, charges, and/or assessments; time; however, Developer shall not be responsible for any costs and fees relating to the City Attorney and/or Special Counsel hired by City to assist. Developer shall be reimbursed by City for Developer’ s costs ( up to a maximum of $2.5 million - any amount beyond such $2.5 million shall be subject to the Resolution Process” requirements of Section 2.03 of the Development Agreement) related to such construction and improvement of such SR 29/Rio Del Mar Tie-in in two ways:
First, the first fifty percent ( 50%) of Developer’ s costs related to such construction and improvement of such SR 29/Rio Del Mar Tie-shall be reimbursed by City to Developer at the earlier of the following events: Within 30 days of the date of the recording of any final subdivision map regarding the Adobe Property, or within 30 days of the date of City’s issuance of any Building Permit regarding the Adobe Property; and
Second, the second and final 50% of Developer’ s costs related to such construction and improvement of such SR 29/Rio Del Mar Tie-shall be reimbursed by City to Developer, with such reimbursement being given priority, and such reimbursement coming from funds City secures through City’s imposition on other development in the City some form of fees, charges, assessments and/or other means, and further provided that such City reimbursement obligation to Developer shall continue until such time as Developer is fully so reimbursed, or the Development Agreement’ s Term concludes, whichever occurs first.
35. §
2.07(h)(2)(D)
Pages 50-51
If Developer, in its sole and exclusive discretion, determines to pursue the Grade-Separated Railroad Crossing, then the
following shall apply:
i. Developer shall provide City written notice that
Developer has determined to pursue the Grade-Separated
Crossing at Rio Del Mar.
ii. Developer shall be responsible for all costs and
fees related to the Grade-Separated Railroad Crossing Segment, including the costs and fees related to City Staff time, which City Staff time costs and fees reflect the amount that City Applicable
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actually expends for such City Staff costs and fees, which City actual expenditures shall not include any administrative fees, charges, and/or assessments; however, Developer shall not be responsible for any costs and fees relating to the City Attorney and/or Special Counsel hired by City to assist.
36. §
2.07(h)(2)(E)
Pages 51-52
If neither the At-Grade Railroad Crossing Segment nor the Grade-Separated Railroad Crossing Segment is pursued by Developer and/or either or both are pursued but denied by the PUC (and/or others), and/or either or both are pursued but abandoned by Developer, then if Developer, in its sole and exclusive discretion, determines to pursue the existing at-grade railroad crossing at South Napa Junction, then the following shall apply:
i. Developer shall provide City written notice that
Developer has determined to pursue the at-grade railroad crossing at South Napa Junction; and
ii. Developer shall be responsible for the costs and
fees related to such South Napa Junction Railroad Crossing Segment.
iii. Developer shall be responsible for all costs and
fees related to the SR 29/South Napa Junction Tie-In, up to a maximum of $2.5 million. Any amount beyond such $2.5
million shall be subject to the “Resolution Process”
requirements of Section 2.03 of the Development Agreement, where the Parties will endeavor to resolve the amount in excess of $2.5 million dollars. City shall be responsible for making application to all relevant public agencies - including without limitation, the California Department of Transportation CalTrans”) - to secure encroachment Permits required to build that SR 29 Tie-In Developer decides to pursue (either the SR 29/Rio Del Mar Tie-In or the SR 29/South Napa Junction Tie-In). Developer shall be responsible for the costs and fees related to such City cooperation, coordination and application, including the costs and fees related to City Staff time, which City Staff costs and fees reflect the amount that City actually expends for such City Staff costs and fees, which City actual expenditures shall not include any administrative fees, charges, and/or assessments; however, Developer shall not be
responsible for any costs and fees relating to the City Attorney and/or Special Counsel hired by City to assist. Developer shall be reimbursed by City for Developer’ s costs (up to a maximum of $2.5 million - any amount beyond such $2.5 million shall be subject to the “Resolution Process” requirements of Section
2.03 of the Development Agreement) related to such
construction and improvement of such SR 29/South Napa
Junction Tie-In in two ways: First, the first fifty percent (50%) of Developer’ s costs related to such construction and
improvement of such SR 29/South Napa Junction Tie-In shall Applicable
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MASTER CONDITIONS OF APPROVAL
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be reimbursed by City to Developer at the earlier of the following events: The recording of any final subdivision map regarding the Adobe Property, or the City issuance of any Building Permit regarding the Adobe Property; and Second, the second and final 50% of Developer’ s costs related to such construction and improvement of such SR 29/South Napa
Junction Tie-In shall be reimbursed by City to Developer, with such reimbursement being a priority, and coming from funds City secures through City’ s imposition on other development in the City some form of fees, charges, assessments and/or other means, and further provided that such City reimbursement obligation to Developer shall continue until such time as Developer is fully so reimbursed, or the Development
Agreement’ s Term concludes, whichever occurs first.
37. §
2.07(h)(5)(B)
City and Developer shall cooperate and coordinate their efforts to secure approval of the SR 29 Tie-In that Developer decides to pursue ( either the SR 29/Rio Del Mar Tie-In or the SR 29/South Napa Junction Tie-In) in a manner to ensure the absence of Developer construction delay on either the AtGrade Rio Del Mar, Grade-Separated Rio Del Mar improvements, or South Napa Junction improvements.
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38. 2.07(h)(6)
Relating to the Loop Road Improvements:
A. Developer shall dedicate to City at such
relevant Project subdivision map recordation date, that land described in Exhibit B to the Development Agreement.
B. Developer shall construct (or cause the
finance and construction of) at such time as set forth in the Specific Plan (and such relevant Project subdivision map approval), those roadway improvements described in Exhibit C to the Development Agreement (collectively, the “ Loop Road Improvements”). The Loop Road Improvements are
comprised of “Loop Road Segment 1,” “ Loop Road Segment 2,” and “ Loop Road Segment 3,” as shown on Exhibit B to the Development Agreement , and Exhibit A to these Master
Conditions.
Applicable
Parcels
Pre-Final
Map, SIA,
Grading
Permit,
Construction
Permit,
Building
Permit,
Occupancy
Permit
Applicable
39. 2.07(h)(7)
Pages 52-53
Relating to the Rolling Hills Drive Improvements:
A. Developer shall dedicate to City at such
relevant Project subdivision map recordation date, that land described in Exhibit B to the Development Agreement, and Exhibit A to these Master Conditions (collectively, the “Rolling Hills Drive Improvements”).
Applicable
Parcels
Pre-Final
Map, SIA,
Grading
Permit,
Construction
Permit,
Building
Permit,
Applicable
327
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B. Developer Developer shall construct ( or
cause the finance and construction of) at such time as the commencement of Watson Ranch Specific Plan’ s Phase 2 of residential development ( and such relevant Project subdivision map approval) or sooner if required to meet secondary access requirements for residential development, those roadway improvements described in Exhibit B to the Development
Agreement.
Occupancy
Permit
40. 2.07(h)(8)
Relating to Underground Utilities:
A. Developer shall dedicate to City at such
relevant Project subdivision map recordation date those underground utility and storm drain infrastructure
improvements within the Project subdivision map required by the Project subdivision map’ s development.
B. Developer shall construct ( or cause the
finance and construction of) at such time as set forth in such relevant Project subdivision map approval, those underground utility and storm drain infrastructure improvements within the Project required by the Project’ s development.
Applicable
Parcels
Pre-Final
Map; Final
Map
Recordation
Applicable
41. 2.07(k)
Developer shall dedicate to City at such relevant Project subdivision map recordation date and improve at such time as set forth in the Specific Plan and such relevant Project subdivision map approval, approximately three and fiftyfive/one hundredths (3.55) acres of the Property for use as Park A,” as more particularly set forth in Exhibit B to the Development Agreement. Developer shall be obligated to
contribute no more than five million six hundred thousand 5,600,000) for the improvement of Park A; said $5,600,000 maximum shall include any and all Processing Fees, Building Permit Fees, User Fees, and/or Inspection Fees.
Notwithstanding the forgoing, the $5,600,000 amount (for the improvement of Park A) shall be considered to be in Calendar Year 2019 dollars, and, commencing in 2020, that amount shall be increased each year by the relevant year’ s percentage amount set forth in the Construction Cost Index for the San Francisco Region, until such Park A improvements are
completed. Consistent with the foregoing, the Parties shall work together to secure that portion of Park A that sits on the Newell Property, including seeking to have the controlling owners of the Newell Property dedicate such portion to the City through existing and/or future subdivision maps.
Developer’ s obligation to improve/construct Park A shall commence only after both fee title to that portion of Park A that sits on the Newell Property has been secured and is in City Applicable
Parcels
Pre-Final
Map; Final
Map
Recordation,
Grading
Permit,
Construction
Permit,
Building
Permit,
Occupancy
Permit
Applicable
328
MASTER CONDITIONS OF APPROVAL
FOR AC-1 PORTION OF WATSON RANCH
20 Copyright © 2020 by Michael Patrick Durkee. All rights reserved. No portion of these Master Conditions may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee.
possession, and the Specific Plan’ s Phase 2 of development of the Project has commenced.
42. § 2.07(l)
Developer shall dedicate to City at such relevant Project subdivision map recordation date and improve at such time as set forth in at such relevant Project subdivision map approval, approximately five and fifty-seven/ one hundredths ( 5.57) acres for use as “ Park B,” as more particularly set forth in Exhibit B to the Development Agreement. Developer shall be obligated to contribute no more than two million eight hundred thousand dollars ($2,800,000) for the improvement of Park B; said 2,800,000 maximum shall include any and all Processing
Fees, and/or Inspection Fees. Notwithstanding the forgoing, the $2,800,000 amount (for the improvement of Park B) shall be considered to be in Calendar Year 2019 dollars, and, commencing in 2020, that amount shall be increased each year by the relevant year’ s percentage amount set forth in the Construction Cost Index for the San Francisco Region, until such Park B improvements are completed. Consistent with the foregoing, the Parties shall work together to secure that portion of Park B that sits on the Newell Property, including seeking to have the controlling owners of the Newell Property dedicate such portion to the City through existing and/or future subdivision maps. Developer’ s obligation to
improve/construct Park B shall commence only after both: fee title to that portion of Park B that sits on the Newell Property has been secured and is in City possession; and the Specific Plan’ s Phase 3 of development of the Project has commenced.
Applicable
Parcels
Pre-Final
Map; Final
Map
Recordation,
Grading
Permit,
Construction
Permit,
Building
Permit,
Occupancy
Permit
Applicable
43. Developer shall dedicate to the City, at such relevant Project subdivision map recordation date, and improve at such time as set forth in such relevant Project subdivision map approval, approximately sixty-seven one hundredths (.67) acres for use as the “Napa Valley Vine Trail,” as more particularly set forth in Exhibit B to the Development Agreement. Developer shall be obligated to contribute no more than four hundred sixty thousand dollars ($460,000) for the improvement of the Napa Valley Vine Trail; said $460,000 maximum shall include any and all Processing Fees, and/or Inspection Fees.
Notwithstanding the forgoing, the $460,000 amount (for the improvement of the Napa Valley Vine Trail) shall be
considered to be in Calendar Year 2019 dollars, and,
commencing in 2020, that amount shall be increased each year by the relevant year’ s percentage amount set forth in the Construction Cost Index for the San Francisco Region, until such Napa Valley Vine Trail improvements are completed.
Consistent with the foregoing, the Parties shall work together to secure that portion of the Napa Valley Vine Trail that sits on the Newell Property, including seeking to have the controlling owners of the Newell Property dedicate such portion to the Applicable
Parcels
Pre-Final
Map; Final
Map
Recordation,
Grading
Permit,
Construction
Permit,
Building
Permit,
Occupancy
Permit
Applicable
329
MASTER CONDITIONS OF APPROVAL
FOR AC-1 PORTION OF WATSON RANCH
21 Copyright © 2020 by Michael Patrick Durkee. All rights reserved. No portion of these Master Conditions may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee.
City through existing and/or future subdivision maps. Said Developer’ s obligation to improve the Napa Valley Vine Trail shall commence only after fee title to that portion of the Napa Valley Vine Trail that sits on the Newell Property has been secured and is in City possession. The Parties recognize the City has exercised its discretion in requiring the Developer to construct various Class I trails including the Napa Valley Vine Trail and the River to Ridge Trail. The Parties shall coordinate and cooperate, including without limitation, the entering into of any necessary or desirous “ Measure T Funding Equivalent Set-Aside Agreement,” regarding the accounting procedures used to memorialize the Developer’ s costs in dedicating and improving said Class I trails with express purpose of
maximizing the amount of “Measure T Funding Equivalent
Set-Aside” defined by that certain Napa Valley Transportation Authority – Tax Authority Measure T Ordinance, and that certain Measure T Funding Agreement by and between the
City and the Napa Valley Transportation Authority – Tax Authority.
44. 2.07(n)
Developer shall dedicate to the City at such relevant Project subdivision map recordation date approximately two (2) acres of the Property for use as the “ Community Plaza and
Community Center Site” ( which includes the required parking for the use), as more particularly set forth in Exhibit B to the Development Agreement. The Parties recognize that
Developer, in Developer’ s sole and exclusive discretion, may save the “Silos” depicted in the Specific Plan, and if Developer determines to so save the Silos, then Developer may move the location of the Community Plaza and Community Center Site further south to accommodate the Silos preservation. City shall complete the improvements to the Community Plaza and the Community Center Site as set forth in the Specific Plan.
Applicable
Parcels
Pre-Final
Map; Final
Map
Recordation,
Grading
Permit,
Construction
Permit,
Building
Permit,
Occupancy
Permit
Applicable
45. § 2.07(o)
Developer shall dedicate an easement to the City, at such relevant Project subdivision map recordation date, and improve at such time as set forth in at such relevant Project subdivision map approval, approximately six and seventy one hundredths
6.7) acres of the Property for use as the “Quarry Lake Park,” as more particularly set forth in Exhibit B to the Development Agreement. Developer shall be obligated to contribute no more than one million six hundred thousand dollars
1,600,000) for the improvement of the Quarry Lake Park; said $1,600,000 maximum shall include any and all Processing Fees, and/or Inspection Fees. Developer may, in Developer’ s sole and exclusive discretion, further improve the Quarry Lake Park with additional uses that complement the “ Napa Valley Ruins & Gardens” ( described herein). The $1,600,000
maximum (for the improvement of Quarry Lake Park) shall be considered to be in Calendar Year 2019 dollars, and,
Applicable
Parcels
Pre-Final
Map; Final
Map
Recordation,
Grading
Permit,
Construction
Permit,
Building
Permit,
Occupancy
Permit
Applicable
330
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FOR AC-1 PORTION OF WATSON RANCH
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D. MASTER CONDITIONS – SUBDIVISION IMPROVEMENT
AGREEMENTS
Master
COA # Developer Obligations Mechanism Implement. Status
46. At Developer’ s expense, in a good and workmanlike manner, Developer shall furnish all required materials and labor for all of the relevant MBI, Public Improvements, and/or Private Improvements work shown on all Improvement Plans prepared by Developer’ s engineer of record, and submitted to and approved by City.
SIA SIA Applicable
47. Developer shall do all work and furnish all materials necessary to complete the relevant MBI, Public Improvements, and/or Private Improvements work in accordance with the approved Improvement Plans for the relevant MBI, Public Improvements, and/or Private Improvements work, or with any changes required or ordered by said City's Engineer for the relevant MBI, Public Improvements, and/or Private Improvements work, which, in his/ her reasonable opinion, are necessary or required to complete the relevant MBI, Public Improvements, and/or Private Improvements work. All construction work on the relevant MBI, Public Improvements, and/or Private Improvements work must be performed solely by licensed contractors, and the word "Developer" when used in this Agreement shall mean and include all such licensed contractors performing such construction on Developer's behalf or account.
SIA SIA Applicable
48. Completion of the relevant MBI, Public Improvements, and/or Private Improvements work shall be accomplished within 24 months of the execution of the relevant SIA, subject to the Developer protections provided by the Development Agreement, and subject to extensions granted by City .
Additionally, to the extent greater than the Developer protections provided by the Development Agreement, City shall extend the relevant SIA, as needed, in the event "good cause" is shown by Developer.
SIA SIA Applicable
49. Developer shall replace or have replaced, repair or have repaired, as the case may be, or pay to the City, the entire cost of replacements or repairs, of any and all public and/or private (non -Developer) property damaged or destroyed by reason of any work done on the relevant MBI, Public Improvements, and/or Private Improvements work under the relevant SIA, whether such public property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, partnership or association, or by any person whomsoever, or by any combination of such owners. Such replacement and/or repair cost shall not exceed the cost of such property damage or destruction suffered.
SIA SIA Applicable
commencing in 2020, that amount shall be increased each year by the relevant year’ s percentage amount set forth in the Construction Cost Index for the San Francisco Region, until such Quarry Lake Park improvements are completed.
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50. Developer shall, at Developer' s sole expense, obtain all necessary permits and licenses for the approval and construction of the relevant MBI, Public Improvements, and/or Private Improvements work, give all necessary notices, and pay all fees and taxes required. Developer shall furnish to City proof of having obtained required workers' compensation insurance coverage prior to commencing any relevant MBI, Public Improvements, and/or Private Improvements work.
SIA SIA Applicable
51. Developer shall ensure competent supervision of all relevant MBI, Public Improvements, and/or Private Improvements work at all times. The Developer, at Developer' s expense, shall have a registered civil engineer establish the horizontal and vertical control survey, if necessa ry, to construct the relevant MBI, Public Improvements, and/or Private Improvements work in accordance with the plans and specifications for such relevant MBI, Public Improvements, and/or Private Improvements work.
SIA SIA Applicable
52. Developer shall at all times maintain proper facilities and provide safe access for inspection to all parts of the work on the relevant MBI, Public Improvements, and/or Private Improvements work, and to the shops wherein the work is in preparation, to assure that the relevant MBI, Public Improvements, and/or Private Improvements work shall be done in accordance with the approved Improvement Plans for such relevant MBI, Public Improvements, and/or Private Improvements work.
SIA SIA Applicable
53. Developer shall furnish to City all of the following:
a) A surety bond or bonds in the amount equal to 100% of the estimated cost of the on the relevant MBI, Public Improvements, and/or Private Improvements work, as security for the faithful performance of all the provisions of the relevant SIA, including without limitation, the repair and reconstruction of defective work on the relevant MBI, Public Improvements, and/or Private Improvements work. Such surety bond shall remain in effect at a minimum of thirty-five (35) days beyond the date of Notice of Completion of the relevant MBI, Public Improvements, and/or Private Improvements work
b) A surety bond or bonds in the amount equal to 50% of the estimated cost of the relevant MBI, Public Improvements, and/or Private Improvements work, as security to guarantee payment in full of all persons who perform labor upon or furnish materials to be used in construction of the relevant MBI, Public
Improvements, and/or Private Improvements work. Such surety bond shall remain in effect at a minimum of thirty-five (35) days beyond the date of Notice of Completion of the relevant MBI, Public Improvements, and/or Private Improvements work.
c) A surety bond in the amount of 10% of the estimated cost of the relevant MBI, Public Improvements, and/or Private
Improvements work as security for the warrantee of all the provisions of the relevant SIA, including without limitation the repair and reconstruction of defective work provisions of such Agreement. Such surety bond shall remain in effect at a minimum of thirty-five (35) days beyond the date of Notice of SIA SIA Applicable
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Completion of the relevant MBI, Public Improvements, and/or Private Improvements work.
d) All surety bonds referenced shall be prepared on the standard forms provided by City and available from City's Engineer. e) Consistent with the Development Agreement, other forms of surety – such as irrevocable letters of credit, cash deposits, savings account( s), certificate( s) payable to City, etc. - in a form equivalent to each said surety bonds may be proposed by Developer, and shall be accepted by City in place of such surety bonds described herein, provided such other form of surety is satisfactory to City's City Attorney, and provided that all legal expenses incurred by City in reviewing and approving said other forms of surety be paid by Developer.
f) Developer shall maintain such surety bonds and/or approved other form of surety in full force and effect consistent with the terms of the relevant SIA, including any extensions of time to such relevant SIA.
In the event Developer fails to meet the Developer obligation( s) for which the relevant surety bond or other form of approved surety was provided, then, contingent upon City having properly followed and exhausted the requirements of the Development Agreement, City shall have the right to call upon each such relevant surety bond or other approved form of surety to satisfy the Developer obligation(s) for which such relevant surety bond or other approved form of surety was provided to City.
54. Title to, and ownership of, all relevant MBI and/or Public Improvements which are to be delivered to City as shown on the Improvement Plans shall vest absolutely in City upon completion and acceptance of such relevant MBI and/or Public Improvements by City, which City shall accept.
SIA SIA Applicable
55. If, within a period of one (1) year after final acceptance by City of any MBI and/or Public Improvements work performed under the applicable SIA, any such MBI and/or Public Improvement work fails to fulfill any of the requirements of such applicable SIA or the Improvement Plans referred to therein, Developer shall, without delay and without any cost to City, repair or replace or reconstruct any such failure regarding such MBI and/or Public Improvements work. Any dispute between City and Developer on this topic shall be addressed through the provisions of the Development Agreement. City may, at its option, make the necessary repairs or replacements or perform the necessary work, again, with the provisions of the Development Agreement applying regarding the resolution of such City payment and actions. Likewise, City may, but shall not be required to and without limitation, draw upon the applicable surety bond or other approved form of security deposited by Developer and/or take such action as authorized under the relevant SIA and the Development Agreement.
SIA SIA Applicable
56. Notwithstanding any other provision of an applicable SIA, neither Developer nor any of Developer's agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under the applicable SIA.
SIA SIA Applicable
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MASTER CONDITIONS OF APPROVAL
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57. Inspections, Improvement Plans review, and other services performed shall be pursuant to the Development Agreement.
SIA SIA Applicable
58. The Development Agreement shall apply regarding all inspection, Improvement Plan review, and other services performed by City or others chosen by Developer after the execution of the relevant SIA.
SIA SIA Applicable
59. In the event any such notice of breach is given and surety is present, Developer' s surety shall have the duty to take over and complete the work and the Public Improvements; provided, however, that if the surety, within ten (10) days after serving upon it such notice of breach, does not give City written notice of its intention to take over and complete the performan ce of the contract, and does not commence performance thereof within ten (10) days after notice to City of such election, City may take over the work and prosecute the same to completion by contract or any other method City may deem advisable, for the account and at the expense of Developer, and Developer' s surety shall be liable to City for any direct costs or damages occasioned City thereby, and, in such event, City without liability for so doing, may take possession of, and utilize in completing the work , such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary therefor.
SIA SIA Applicable
60. Developer shall not commence work under this contract until Developer shall have obtained all insurance required under this section and such insurance shall have been reasonably approved by City as to form, amount, and carrier. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. Developer agrees that if the aforesaid insurance is not kept in full force and effect, City may terminate this Agreement upon ten (10) days prior notice to Developer, unless Developer delivers evidence of insurance to City within such ten (10) day period.
SIA SIA Applicable
61. Developer shall take out and maintain during the life of this contract such insurance as shall protect City, its elected and appointed officials, officers, directors, attorneys, agents (including outside consultants), and employees and each of them„ and Developer and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Developer's or any sub-contractor's operations under this contract, whether such operations be by Developer or by anyone directly or indirectly employed by Developer.
SIA SIA Applicable
62. The certificate or policy of insurance shall name the City (and such, other entities or individuals of the City as are indemnified under the contract, such as "... its elected and appointed officials, officers, directors, attorneys, agents, and employees...") as additional, or co- insureds with the Developer. The amounts of such insurance shall be as follows:
a) Public Liability Insurance. In an amount not less than $1,000,000 for injuries, including, but not limited to, death to any one person and subject to the same limit for each person in an amount not less than $1,000, 000 on account of any one occurrence; SIA SIA Applicable
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MASTER CONDITIONS OF APPROVAL
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26 Copyright © 2020 by Michael Patrick Durkee. All rights reserved. No portion of these Master Conditions may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee.
b) Property Damage Insurance. In an amount of not less than 1,000,000 for damage to the property of each person on account of any one occurrence;
c) Comprehensive Automobile Liability. Bodily injury liability coverage of $1,000,000 for each person in any one accident and 1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability of $1,000,000 for each accident.
d) Worker' s Compensation Insurance. In the amounts required by law.
63. City shall not, nor shall any officer, agent or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring in the work specified in this Agreement prior to the completion, approval and/ or acceptance of the same; nor shall the City, nor any of its elected and appointed officials, officers, directors, attorneys, agents ( including outside consultants), and employees and each of them, thereof, be liable for any persons or property injured by reason of said work or by reason of the acts or omissions of the Developer, its officers, agents or employees, in the performance of said work.
Prior to the completion, approval, or acceptance of the work, the Developer agrees to indemnify, defend and save harmless the City, its elected and appointed officials, officers, directors, attorneys, agents ( including outside consultants), and employees and each of them, from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from the Developer's operations or its services hereunder, including any workers' compensation suits, liability, or expense, arising from or connected with services by any person pursuant to this Agreement, whether arising from activities of Developer or any of Developer's contractors, subcontractors or by persons directly or indirectly employed by or acting as agent for Developer or arising out of the use of any patent or patented article in the construction of said work. Developer agrees to, and shall upon request, promptly and fully defend City and its elected and appointed officials, officers, directors, attorneys, agents (including outside consultants), and employees and each of them„ from any suits or actions at law or equity for damages caused, or alleged to have been caused, by reason of the activities hereinabove identified as being the responsibility of Developer.
SIA SIA Applicable
64. Developer shall comply with all applicable provisions of the California Labor Code.
SIA SIA Applicable
65. Developer shall at all times from the effective date of this Agreement to the completion and acceptance of the Public Improvementsby the City, give good and adequate warning of each and every dangerous condition caused by the construction of said Public Improvementsand will protect the traveling public therefrom.
SIA SIA Applicable
66. Developer warrants that it has control of the real property reserved, or needed for the installation of the Public Improvements, and the streets in which it is to be placed, as is necessary to allow it to carry out its obligations under this Agreement.
SIA SIA Applicable
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MASTER CONDITIONS OF APPROVAL
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67. The acquisition price and costs and all other expenses of obtaining all easements required for the Public Improvementsshall be, paid by Developer. All necessary easements for the Public Improvements to be dedicated to City, if not already conveyed to City, shall be granted to City concurrently with the inspection and acceptance by the City of the relevant MBI, an/or Public Improvements.
SIA SIA Applicable
68. All service connection charges for the Public Improvementsto be constructed to serve said parcel( s) of real property shall be the amounts described in the Development Agreement.
SIA SIA Applicable
69. Upon the provision of reasonable notice, the City, its officers, agents, and employees and the Surety upon any bond shall have the right from and after the date of the execution of the relevant SIA to enter upon said parcel of real property and any property where appurtenant easements are located for purposes of inspection and investigation at any and all reasonable times.
SIA SIA Applicable
70. When relevant to the MBI and/or Public Improvemen ts work, Developer shall retain and pay the cost of the Geotechnical Engineer of Record to perform all testing and reporting of items including but not limited to, rough grading, subgrade preparation and compaction, concrete testing, and asphalt testing and compaction. Such reports shall be made available to City upon City’ s request.
SIA SIA Applicable
81. Developer shall retain and pay the cost of the Engineer of Record to certify the Private Improvements are constructed to their satisfaction and at the places, at the grades, with the materials and in the manner shown upon the plans and specifications therefor approved by the City' s Engineer.
SIA SIA Applicable
E. MASTER CONDITIONS – MITIGATION MEASURES
Master
COA # Mitigation Measures
Method of
Verification
Timing;
Parcel #
Status
82. Mitigation Measure 4.1-1: Water Tank Visibility. As required by the 2004 Proposed Water Tanks (2) Mitigated Negative Declaration, construction plans for the Zone 3 water tank shall incorporate the following mitigation:
1. A landscaped earthen berm shall be constructed around the tank site to eliminate direct views of the water tank as much as feasible from the areas surrounding the tank site.
The earthen berm shall be landscaped with trees and other vegetation suitable to the City, such as evergreen trees, to screen the water tank from surrounding areas, reduce soil erosion, and blend the berm with the surrounding vegetation.
2. The water tank shall be painted a neutral color deemed appropriate by the City so the tank blends with the surrounding hillside vegetation as much as possible.
Approval of
water tank plans
Prior to
issuance of
grading
permit
83. Mitigation Measure 4.1-3: Lighting Plan. Prior to any site disturbance activities, the Project Applicant shall submit a construction lighting plan to the City for approval. The construction lighting plan shall ensure that the minimum amount of lighting is used to meet safety requirements and to ensure that limited spillover occurs to nearby sensitive uses. All lighting shall be directed downward and away from surrounding land uses.
Design
Guidelines
Complete
upon
Design
Guidelines
approval
84. Mitigation Measure 4.2-1: Construction Fugitive Dust Emissions. The following Bay Area Air Quality Management District (BAAQMD) Best Management Practices (BMPs) Notes on
construction
plans; site
During
constructio
n activities
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MASTER CONDITIONS OF APPROVAL
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and additional mitigation measures for fugitive dust control shall be required for all construction activities within the project area. These measures would reduce fugitive dust emissions primarily during soil movement and grading, but also during vehicle and equipment movement on unpaved project sites.
Basic BMPs that Apply to All Construction Sites
1. All exposed surfaces ( e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off site shall be covered.
3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
5. All streets, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes ( as required by the California airborne toxics control measure Title 13, Section 2485 of CCR). Clear signage shall be provided for construction workers at all access points.
7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’ s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
8. A publicly visible sign shall be posted with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action, if necessary, within 48 hours. BAAQMD’ s phone number shall also be visible to ensure compliance with applicable regulations.
Additional BMPs that Apply to All Construction Sites
1. All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content may be verified by lab samples or moisture probe.
2. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
3. Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction. Wind breaks shall have at maximum 50 percent air porosity.
4. For areas that are to remain open space (e.g., not a road, building, or otherwise structurally covered area), vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established.
5. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
6. Site accesses to a distance of 100 feet from the paved road shall be treated with a 6- to 12-inch compacted layer of wood chips, mulch, or gravel.
7. Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than 1 percent.
Before starting on-site construction activities, the contractor or Project Applicant shall submit a site-specific dust control plan (Plan) to the American Canyon Planning Division for review and approval. The Project Applicant shall ensure that all applicable requirements of the Plan have been incorporated into the contract specifications. The Plan shall state, in inspections to
verify BMPs are
implemented
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MASTER CONDITIONS OF APPROVAL
FOR AC-1 PORTION OF WATSON RANCH
29 Copyright © 2020 by Michael Patrick Durkee. All rights reserved. No portion of these Master Conditions may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee.
reasonable detail, how the Contractor shall meet the requirements above. The Plan shall include a certification statement that the Contractor agrees to comply fully with the Plan.
85. Mitigation Measure 4.2-2: Operational Emissions Reductions. The total reduction in ROG and NOX emissions that would be achieved from implementation of Mitigation Measure 4.2-2a , the TDM program, and Mitigation Measure 4.2-2b, the CAP mitigation strategies, would be calculated at the time the final TDM program and CAP strategies are determined. If the ROG and NOX emissions reduction from implementation of Mitigation Measures 4.2-2a and 4.2-2b are determined by a qualified air quality expert to reduce the project’ s emissions to below the BAAQMD operational thresholds contained in the 2017 BAAQMD CEQA Air Quality Guidelines, no further mitigation would be required. If the ROG and NOX emissions reduction from implementation of Mitigation Measures 4.2-2a and 4.2-2b do not reduce the project’ s emissions to below the BAAQMD operational thresholds identified in the 2017 BAAQMD CEQA Air Quality Guidelines, Mitigation Measure 4.2-2c, purchase of emission offsets, would be pursued.
Contingent on
future
conditions.
Applicable
86. Mitigation Measure 4.2-2a (same as Mitigation Measure 4.12-3a in Section 4.12, Transportation and Traffic): Transportation Demand Management ( TDM) Program.
Prior to issuance of the first building permit for the non -residential use areas ( i.e., Napa Valley Ruins & Gardens (“ NVRG”) and hotel), the Project Applicant shall develop a TDM program for the non -residential use areas ( i.e., NVRG and hotel) and shall submit the TDM program to the City Department of Public Works for review and approval. A qualified air quality expert shall prepare a calculation of the ROG and NOX emissions reductions that would result from implementation of the TDM program. The Project Applicant shall be responsible for funding and overseeing the delivery of trip reduction/TDM proposed programs and strategies, which may include, but are not limited to, the following:
1. Establishment of carpool, buspool, or vanpool programs;
2. Vanpool purchase incentives;
3. Cash allowances, passes or other public transit subsidies and purchase incentives;
4. Preferential parking locations for ridesharing vehicles;
5. Computerized commuter rideshare matching services;
6. Guaranteed ride-home program for ridesharing;
7. Bicycle programs including bike purchase incentives, storage, and maintenance programs;
8. On -site car share and bike share service;
9. Preparation of a Parking Management Plan to address parking accommodations for large events;
10. Designation of an on -site transportation coordinator for the project;
11. Transit and trip planning resources such as commute information kiosk;
12. Employer-provided showers, changing rooms, and clothing lockers for office employees that commute via active transportation;
13. Bicycle route mapping resources;
14. Participation in future citywide Transportation Management Association (TMA); and
15. Submit annual reports to the City regarding TDM activities.
Approval of
TDM Program
Prior to
issuance of
first
building
permit for
the nonresidential
use area
i.e.,
NVR& G
and hotel)
87. Mitigation Measure 4.2-2b: Operational Emissions Reduction Strategies. To reduce ROG and NOX emissions within the Project Site, the Project shall include feasible operational emissions reduction strategies as part of its final design. The specific strategies may include, but are not limited to, the measures described below; however, other measures may be implemented:
Recommendations
from Air Quality
Technical Report
that identify
updated project
emissions
Prior to
issuance of
the first
building
338
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Prior to issuance of the first building permit for each phase of the Project, the Applicant shall develop operational emissions reduction strategies, which could include the mitigation strategies identified in Table 4.2-8, Summary of Operational CAP Mitigation Strategies, to provide options for reducing ROG and NOX emissions from operation of the project. The operational emissions reduction strategies shall be submitted to and approved by the City, prepared by a qualified air quality technical expert, and evaluate the emissions reduction strategies in relation to the project’ s emissions.
calculations and
feasible
operational
emissions
reduction
strategies
permit for
the project
88. Mitigation Measure 4.2-2c: Purchase Emission Offsets. Prior to the issuance of the final Certificate of Occupancy for Phase 1 or prior to the issuance of the first residential building permit in Phase 2, whichever occurs first, the Applicant would, partially or wholly, purchase offset credits if determined to be feasible based on information available at the time implementation would be required. To reduce ROG and NOX emissions depending on the reductions achieved through Mitigation Measure 4.2-2a and Mitigation Measure 4.2-2b, and if this mitigation is implemented.
The Applicant or its designee shall pay a mitigation offset fee to the BAAQMD Bay Area Clean Air Foundation ( Foundation) 1in an amount to be determined at the time of the impact. The fee would offset emissions that exceed the threshold of significance after implementation of Project- Level Reduction Strategies and the TDM Program described above to the extent feasible.
The Project Applicant would implement Mitigation Measure 4.2-2c through payment of a mitigation offset fee to the BAAQMD’ s Foundation in an amount not to exceed $30,000 per weighted ton per year of ozone precursors per year requiring emissions offset. The fee shall be determined by the City of American Canyon Planning Division in consultation with the Applicant and be based on the type of projects available at the time of the payment. The offset fee is calculated to be roughly proportional” to the operational air quality impacts. Documentation of payment shall be provided to the City of American Canyon or its designated representative.
The current process for payment of offset fees is detailed above. As required by this mitigation measure, payment of offset fees would proceed according to BAAQMD procedures when initiated. The Applicant or its designee would enter into a memorandum of understanding (MOU) with the BAAQMD’s Foundation. The MOU would include details regarding the funds to be paid, the administrative fee, and the timing of the emissions reduction project. Acceptance of this fee by the BAAQMD shall serve as an acknowledgment and commitment by the BAAQMD to (1) implement an emissions reduction project(s) within a timeframe to be determined based on the type of project(s) selected and after receipt of the mitigation fee to achieve the emission reduction objectives specified above, and (2) provide documentation to City of American Canyon or its designated representative and to the Project Applicant describing the amount of and the project(s) funded by the mitigation fee, including the amount of emissions of ROG and NOX reduced (tons per year) within SFBAAB from the emissions reduction project(s). If there is any remaining unspent portion of the mitigation offset fee following implementation of the emission reduction project(s), the Project Applicant shall be entitled to a refund in that amount from the BAAQMD. To qualify under this mitigation measure, the specific emissions retrofit project must result in emission reductions within SFBAAB that would not otherwise be achieved through compliance with existing regulatory requirements.
Bay Area Air
Quality
Management
District
Memorandum of
Understanding
Prior to the
issuance of
the final
Certificate
of
Occupancy
for Phase 1
or prior to
the
issuance of
the first
residential
building
permit in
Phase 2,
whichever
occurs first
1 More information on the Bay Area Clean Air Foundation can be found at Bay Area Air Quality Management District BAAQMD), Bay Area Clean Air Foundation, 2015, available at http:// www. baaqmd. gov/about- the-air-district/ bay-areaclean- air-foundation. 339
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89. Mitigation Measure 4.2-3a: Architectural Coatings. The applicant shall use low-VOC architectural coatings during construction for all buildings, which shall have VOC content that is more stringent than local requirements prescribed in Bay Area Air Quality Management District (BAAQMD) Regulation 8 Organic Compounds, Rule 3 Architectural Coatings as revised on July 1, 2009. Coatings that meet the “ supercompliant" VOC standard of less than 10 grams of VOC per liter of paint would qualify.
Notes on
construction
plans indicating
use of low-VOC
architectural
coatings during
construction of
all buildings
Prior to
issuance of
building
permits
90. Mitigation Measure 4.2-3b: Tier 4 Construction Equipment. To reduce construction emissions to below the 2017 BAAQMD CEQA Air Quality Guidelines, prior to start of construction activities after the occupancy of Phase 1, the Project Applicant shall submit to the City either:
Documentation showing that all off-road construction equipment used prior to the start of construction activities after the occupancy of Phase 1 with greater than 25 hp and operating for more than 20 hours total over the entire duration of construction activities shall have engines that meet or exceed either U.S. Environmental Protection Agency (USEPA) or California Air Resources Board (CARB) Tier 4 off-road emission standards.
or,
Provide supplemental analysis prepared by a qualified air quality specialist to show that emissions of ROG and NOX would not exceed the thresholds from the 2017 BAAQMD CEQA Air Quality Guidelines using other methods.
Documentation
of compliance
with the 2017
BAAQMD
CEQA Air
Quality
Guidelines based
on the type of
construction
equipment used
or supplemental
analysis prepared
by a qualified air
quality specialist
Prior to the
start of
constructio
n activities
after the
occupancy
of Phase 1
91. Mitigation Measure 4.2-5: Construction Emissions Minimization. To reduce construction emissions to below the thresholds identified in the 2017 BAAQMD CEQA Air Quality Guidelines, prior to the start of construction of each of the following— Phase 1 area south of the NVRG and the off-site Rio Del Mar roadway improvements and Phase 4—the Project Applicant shall submit to the City either:
Documentation showing that all off-road construction equipment used in the southwestern portion of Phase 1 of construction (located directly south of Napa Valley Ruins & Gardens), the entirety of Phase 4 of construction, and the off-site Rio Del Mar roadway improvements with greater than 25 hp and operating for more than 20 hours total over the entire duration of construction activities shall have engines that meet or exceed either U.S. Environmental Protection Agency (USEPA) or California Air Resources Board (CARB) Tier 2 off-road emission standards and have been retrofitted with an CARB Level 3 Verified Diesel Emissions Control Strategy.
Equipment with engines meeting Tier 4 Interim or Tier 4 Final off-road emission standards automatically meet this requirement.
or,
Provide supplemental analysis prepared by a qualified air quality specialist to show health risks at on - and off-site sensitive receptors would not exceed the thresholds from the 2017 BAAQMD CEQA Air Quality Guidelines using other methods.
Documentation
of compliance
with the 2017
BAAQMD
CEQA Air
Quality
Guidelines based
on the type of
construction
equipment used
or supplemental
analysis prepared
by a qualified air
quality specialist
Prior to the
start of
constructio
n of the
Phase 1
area south
of the
NVR&G
and the offsite Rio
Del Mar
roadway
improveme
nts and
Phase 4
92. Mitigation Measure 4.2-7: GHG Emissions Reductions. The total reduction in GHG emissions that would be achieved from implementation of Mitigation Measure 4.2 -2a, the TDM program, and Mitigation Measure 4.2-7a, the GHG reduction strategies, would be calculated at the time the final TDM program and GHG reduction strategies are determined. If the GHG emissions reduction from implementation of Mitigation Measures
4.2-2a and 4.2-7a are determined by a qualified air quality expert to reduce the project’ s emissions to below the operational thresholds of 2.67 MT CO2e per service population per year, no further mitigation would be required. If the GHG emissions reduction from implementation of Mitigation Measures 4.2-2a and 4.2-7a do not reduce the project’ s Contingent Applicable
340
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32 Copyright © 2020 by Michael Patrick Durkee. All rights reserved. No portion of these Master Conditions may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee.
emissions to below this threshold, Mitigation Measure 4.2-7b, purchase of GHG emission offsets, would be pursued.
93. Mitigation Measure 4.2-7a: GHG Reduction Strategies. To reduce greenhouse gas (GHG) emissions within the project site and to maximize the Project’ s ability to achieve the GHG operational threshold of 2.67 MT CO2e per service population per year, the project shall include feasible operational GHG emissions reduction strategies as part of its final design.
The specific strategies of the program may include, but are not limited to, the measures described below; however, other measures may be implemented:
All development shall, at a minimum, meet the Title 24, Part 6 (2016), standards, or the most current Title 24, Part 6, standard, whichever is more conservative. All residences shall meet the anticipated 2019 Title 24 Standards to achieve Zero Net Electricity. The GHG emissions benefit from residential Zero Net Electricity was included in the unmitigated inventory.
Prior to issuance of the first building permit for each phase of the project, the Project Applicant shall identify operational GHG emissions reduction strategies that could include the strategies identified in Table 4.2-14, Summary of Operational GHG Mitigation Strategies, which provides options for reducing GHG emissions from project operation. The operational GHG emissions reduction strategies shall be submitted to and approved by the City, developed by a qualified air quality technical expert, and evaluate the emissions reduction strategies in relation to the project’ s emissions.
Calculations
from a GHG
technical expert
based on specific
strategies
incorporated into
the project
Prior to
issuance of
building
permits for
each phase
94. Mitigation Measure 4.2-7b: Purchase GHG Emission Offsets. In order to determine whether or to what extent the purchase of GHG emissions offsets is necessary to reduce greenhouse gas (GHG) emissions for each year that the GHG emissions exceed the threshold of 2.67 MT CO2e per service population per year for the lifetime of the project assumed to be 30 years), the operational GHG emissions reduction program described above in Mitigation Measure 4.2-7a will include a plan for the purchase of GHG offsets.
The amount of offsets needed will take into account the GHG emissions reductions associated with the TDM program and the operational GHG emissions reduction program.
Additionally, the feasibility of offsets shall be evaluated at the time implementation would be required. If feasible, the plan shall include:
The plan for the purchase of GHG offsets shall include timing requirements, which take into account calculations showing actual emissions of the project, which could take into account phase-in of occupancy, reductions in vehicle emissions, as well as other factors that affect emissions.
GHG emission offsets could include any of the following sources: ( 1) the California Air Resources Board (CARB) quarterly allowance auctions held as part of its Cap-and-Trade Program; (2) the Greenhouse Gas Reduction Exchange (GHG Rx); or (3) Approved Registries recognized by the State of California, which currently include the Climate Action Reserve (CAR), American Carbon Registry ACR), and Verra (formerly Verified Carbon Standard).
The amount of offsets purchased shall depend on the cost per annual metric ton of CO2e reductions, the overall cost feasibility of this measure, which shall be determined based on information available at the time implementation would be required, and the on-site GHG reduction measures.
To demonstrate compliance, the Project Applicant or its designee would provide the following documentary evidence to City’s Planning Division: An attestation from an Approved Registry or other source described above that the Project Applicant or its designee has retired a given quantity of carbon offsets. Offsets from the approved sources Calculations
from a GHG
technical expert
based on specific
strategies
incorporated into
the project and,
if necessary and
feasible,
attestation from
an Approved
Registry or other
source described
above regarding
the purchase of
required carbon
offsets
Evaluated
prior to
issuance of
building
permits for
each phase
341
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above satisfy defined standards and incorporate principles of GHG emissions reduction accounting. These principles ensure the offsets use relevant methodologies and assumptions, represent additional reductions that would not otherwise be achieved by law, do not double count reductions, and are enforceable.
95. Mitigation Measure 4.3-1a through Mitigation Measure 4.3-41c: Special-Status Plants, California Red-Legged Frogs, Western Pond Turtle, Breeding Birds, Including Raptors and Tri-colored Blackbird, Swainson’ s Hawk, Golden Eagle, and White-Tailed Kite, Burrowing Owls, Callippe Silverspot Butterfly Host Plant (Johnny Jump Up), Callippe Silverspot Butterfly, American Badger, CDFW Streambed Alteration Agreement, Wetlands and Other Waters, Bats. Developer shall be responsible for conducting all applicable studies, and obtaining any and all permits required by any and all State and/or Federal agencies. If such permits require the Developer to provide studies, reports, mitigation or other actions or measures, then the Developer shall provide such reports, mitigation or other actions or measures to the satisfaction of such governing State and/or Federal agencies. When requested by City, Developer shall send a letter to the City explaining such Developer compliance, and shall send City copies of compliance permits, letters, and/or other authorizations received by Developer from any such State and/or Federal agencies.
Compliance
prior to issuance
of applicable
permit
Satisfied
96. Mitigation Measure 4.4-2: Unanticipated Discovery of Archaeological Resources. If prehistoric or historic- era archaeological resources are encountered by construction personnel during project implementation, all construction activities within 100 feet shall halt and the contractor shall notify the City of American Canyon. 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); battered stone tools, such as hammerstones and pitted stones. Historic-era materials might include stone, concrete, or adobe footings and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic refuse.
The Project Applicant shall retain a Secretary of the Interior-qualified archaeologist to inspect the findings within 24 hours of discovery and inform the City of American Canyon If it is determined that the project may damage a historical resource or a unique archaeological resource (as defined pursuant to CEQA and the CEQA Guidelines), construction shall cease in an area determined by the archaeologist until a mitigation plan has been prepared in accordance with PRC § 21083.2 and CEQA Guidelines § 15126.4; approved by the City; and implemented to the satisfaction of the archaeologist. In consultation with the City, the archaeologist shall determine when construction may commence.
Consistent with § 15126.4(b)(3), the mitigation plan shall recommend preservation in place, as a preference, or, if preservation in place is not feasible, data recovery through excavation. If preservation in place is feasible, this may be accomplished through one of the following means: (1) modifying the construction plan to avoid the resource; 2) incorporating the resource within open space; ( 3) capping and covering the resource before building appropriate facilities on the resource site; or (4) deeding resource site into a permanent conservation easement. If preservation in place is not feasible, a qualified archaeologist shall prepare and implement a detailed treatment plan to recover the scientifically consequential information from and about the resource, which shall be reviewed and approved by the City prior to any excavation at the resource site. Treatment of archaeological resources shall follow the requirements of PRC § 21083.2. Treatment for most resources shall consist of (but would not necessarily 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 Submit
documentation
of findings and
mitigation plan,
if resources are
encountered
During
grading
activities
342
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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.
97. Mitigation Measure 4.4-3: Unanticipated Discovery of Paleontological Resources. If paleontological resources, such as fossilized bone, teeth, shell, tracks, trails, casts, molds, or impressions are encountered by construction personnel during project implementation, all construction activities within 100 feet shall halt and the contractor shall notify the City of American Canyon. The Project Applicant shall retain a qualified paleontologist to inspect the findings within 24 hours of discovery. The paleontologist shall assess the nature and importance of the find and, if necessary, develop appropriate treatment measures in conformance with Society of Vertebr ate Paleontology standards, and in consultation with the City of American Canyon. The Project Applicant shall implement the final treatment measures.
Submit
documentation
of findings and
verification of
treatment
measures, if
resources are
encountered
During
grading
activities
98. Mitigation Measure 4.4-4: Unanticipated Discovery of Human Remains. If human remains are encountered by construction personnel during project implementation, all construction activities within 100 feet shall halt and the contractor shall notify the City of American Canyon. The City shall contact the Napa County Coroner to affirmatively indicate to the City that no investigation of the cause of death is required. The Native American Heritage Commission ( NAHC) shall be contacted within 24 hours if the Coroner determines that the remains are Native American. The NAHC shall 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 shall 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)).
Submit
documentation
of findings and
treatment
measures, if
remains are
encountered
During
grading
activities
99. Mitigation Measure 4.5-4: Geotechnical Requirements for the Quarry Pond. Prior to issuance of any building permits, the Project Applicant shall submit to the City plans that are consistent with the geotechnical recommendations of a minimum setback of 3:1 horizontal:vertical) from the toe of the existing quarry pond bank. Any proposed plans inside of the 3:1 setback, shall be the subject of a detailed slope stability analysis by a current California registered Geotechnical Engineer or Engineering Geologist where proposed slopes must meet minimum factor of safety requirements as determined by the most recent California Building Code for both static and dynamic (earthquake) conditions.
Graded cut-and-fill slopes over 15 feet shall be no steeper than 3:1 with slopes up to 15 feet no steeper than 2:1. Other measures, such as use of retaining walls and geogrid reinforcement or corrective grading, shall be implemented as necessary in accordance with the specific geotechnical recommendation informed by the aforementioned detailed slope stability analysis and outlined in the design level geotechnical report.
Submit grading
plans for Quarry
Lake Pond
Prior to
issuance
building
permits
100. Mitigation Measure 4.6-1a: Evaluation for Lead-Based Paint or Coatings, AsbestosContaining Materials, or Polychlorinated Biphenyls. The Project Applicant shall submit documentation to the City to verify that all proposed areas for demolition or modification have been assessed by California state licensed contractors for the potential presence of lead-based paint or coatings, asbestos containing materials, and polychlorinated biphenylcontaining equipment prior to issuance of a demolition permit.
Submit
documentation
of findings
Prior to
demolition
activities
101. Mitigation Measure 4.6-1b: Health and Safety Plan. If the assessment required by Mitigation Measure 4.6-1a finds presence of lead-based paint, asbestos, and/or polychlorinated biphenyls, prior to any construction or demolition activities on the project site, the Project Applicant shall submit to the City for approval and shall implement a health and safety plan to protect workers from risks associated with hazardous materials during abatement, demolition or renovation of affected structures.
Submit and
receive approval
of Health and
Safety Plan
Prior to
demolition
of
structures
containing
lead-based
paint,
asbestos,
and/or
343
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polychlorin
ated
biphenyls
102. Mitigation Measure 4.6-1c: Lead-Based Paint Removal Plan. If the assessment required by Mitigation Measure 4.6-1a finds presence of lead-based paint, prior to any demolition of structures containing lead based paint, the Project Applicant shall submit to the City for approval and shall implement a lead-based paint removal plan in accordance with City and California Code of Regulations Title 8, §§ 1532.1 et seq., requirements. The plan shall specify, but not be limited to, the following elements for implementation:
Develop a removal specification approved by a Certified Lead Project Designer; 2 Ensure that all removal workers are properly trained;
Contain all work areas to prohibit off-site migration of paint chip debris; Remove all peeling and stratified lead-based paint on building and non-building surfaces to the degree necessary to safely and properly complete demolition activities according to recommendations of the survey. The demolition contractor shall be responsible for the proper containment and disposal of intact lead-based paint on all equipment to be cut and/or removed during the demolition; Provide on-site personnel and area air monitoring during all removal activities to ensure that workers and the environment are adequately protected by the control measures used;
Clean up and/or vacuum paint chips with a high efficiency particulate air (HEPA) filter;
Collect, segregate, and profile waste for disposal determination; or Properly dispose of all waste.
Submit and
receive approval
of Lead-Based
Paint Removal
Plan
Prior to
demolition
of
structures
containing
lead-based
paint
103. Mitigation Measure 4.6-1d: Asbestos Abatement. If the assessment required by Mitigation Measure 4.6-1a finds asbestos, prior to undertaking demolition or construction activities involving asbestos disturbance, the Project Applicant shall, demonstrate to the City that asbestos abatement shall be conducted by a California state licensed contractor prior to building demolition. Abatement of known or suspected asbestos-containing materials shall occur prior to demolition or construction activities that would disturb those materials. Pursuant to an asbestos abatement plan developed by a state-certified asbestos consultant and approved by the City, all asbestos-containing materials shall be removed and appropriately disposed of by a state certified asbestos contractor in accordance with Caltrans transportation requirements and any requirements of the receiving facility.
Submit
documentation
that abatement
has been
completed
Prior to
demolition
of
structures
containing
asbestos
104. Mitigation Measure 4.6-1e: Polychlorinated Biphenyl Abatement. If the assessment required by Mitigation Measure 4.6-1a finds polychlorinated biphenyls (PCBs), prior to undertaking demolition or construction activities that could disturb potential PCBs, the Project Applicant shall ensure that PCB abatement shall be conducted prior to building demolition or renovation. The Project Applicant shall demonstrate to the satisfaction of the City that PCBs shall be removed by a qualified contractor and transported in accordance with Caltrans requirements.
Submit
documentation
of PCB
abatement
Prior to
demolition
of
structures
containing
PCBs
105. Mitigation Measure 4.6-2a: Phase I Recommendations. Prior to commencement of construction, the Project Applicant shall contract a qualified environmental consulting firm with state registered professionals (Professional Engineers or Geologists) to carry out the recommendations contained in the April 14, 2015, Phase I Environmental Site Assessment report by ENGEO Incorporated pertaining to the potential environmental concerns. The Phase I report included recommendations for collection of surface soil samples for laboratory analysis and oversight of other earthwork activities. The findings of the soil sampling effort shall be submitted to the Napa County Environmental Health Submit
documentation
that
recommendation
s of the Phase I
Environmental
Site Assessment
have been
Prior to
commence
ment of
constructio
n
2 A Lead Project Designer is defined in CCR Title 17, Division 1, Chapter 8. 344
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Division ( NCEHD) prior to initiating any earthwork activities on the project site for direction on whether any further sampling or remediation may be necessary. implemented, as
necessary
106. Mitigation Measure 4.6-2b: Soil Management Plan. The project shall submit and obtain approval of a Soil Management Plan from the Napa County Environmental Health Division ( NCEHD) prior to initiating any earthwork activities on the project site. During construction, the contractor shall cease any earthwork activities upon discovery of any suspect soils or groundwater ( e.g., petroleum odor and/or discoloration) during construction in accordance with a Soil Management Plan prepared for the project by a qualified environmental consultant and approved by the NCEHD. The contractor shall notify the NCEHD upon discovery of suspect soils or groundwater and retain a qualified environmental firm to collect soil samples to confirm the level of contamination that may be present. If contamination is found to be present, any further proposed groundbreaking activities within areas of identified or suspected contamination shall be conducted according to a site specific health and safety plan, prepared by a California state licensed professional. The contractor shall follow all procedural direction given by NCEHD and in accordance with the Soil Management Plan prepared for the site to ensure that suspect soils are isolated, protected from runoff, and disposed of in accordance with transportation laws and the requirements of the licensed receiving facility.
Submit NCEHDapproved Soil
Management
Plan and Health
and Safety Plan,
as necessary
Prior to
grading and
during
constructio
n
107. Mitigation Measure 4.6-2c: Removal of Contaminated Soil or Groundwater. If contaminated soil or groundwater is encountered and identified constituents exceed human health risk levels, the Project Applicant shall submit documentation to the City to verify that it has been delineated, removed, and disposed of off site in compliance with the receiving facilities’ requirements prior to construction of any building foundation.
Submit
documentation
of removal of
contaminated
soil or
groundwater, if
encountered
Prior to
constructio
n of any
building
foundation
108. Mitigation Measure 4.6-4: Development within 50 Feet of the Pacific Gas & Electric PG&E) Pipeline/Easement. Prior to issuance of building or grading permits, Project Applicant shall submit documentation to the City to verify that development plans located within 50 feet of the existing PG& E pipeline/easement, including utilities that may intersect the existing PG&E pipeline, have been submitted to PG& E Gas Transmission Integrity Management and PG& E Land Development for review and approval. Project Applicant plans for all proposed improvements located within this zone shall adhere to the requirements of PG&E Gas Transmission Integrity Management and PG& E Land Development, including without limitation, setback requirements, depth of cover over pipeline, location of trees and maintenance requirements, minimum separation of crossing utilities, trail location, as well as any relocation requirements, if applicable.
Submit
development
plans for any
activities within
50 feet of the
existing PG& E
pipeline/easemen
t
Prior to
issuance of
building or
grading
permits for
any
activities
within
50 feet of
the existing
PG&E
pipeline/ea
sement.
109. Mitigation Measure 4.7-1: Stormwater Pollution Prevention Plan (SWPPP). Prior to issuance of grading permits for the project, the Project Applicant shall submit documentation to the City to verify that a Storm Water Pollution Prevention Plan SWPPP) has been prepared in accordance with the requirements of the statewide National Pollutant Discharge Elimination System (NPDES) Construction General Permit.
The SWPPP shall be designed, without limitation, 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 is completed. The SWPPP shall be prepared by a qualified SWPPP developer and included as part of Submit
Stormwater
Pollution
Prevention Plan
Prior to
issuance of
grading
permits
345
MASTER CONDITIONS OF APPROVAL
FOR AC-1 PORTION OF WATSON RANCH
37 Copyright © 2020 by Michael Patrick Durkee. All rights reserved. No portion of these Master Conditions may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee.
construction specifications. The SWPPP shall include the minimum BMPs required for the identified Risk Level in accordance with NPDES Construction General Permit requirements. BMPs could include, but are not necessarily limited to the use of straw bales, silt fences, fiber rolls, hydroseeding, preservation of existing vegetation, straw mulch, washing of truck tires prior to exiting site, protection of existing storm drain inlets, dedicated refueling areas with secondary containment, and on -site storage of spill prevention kits. BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook- Construction or the Caltrans Stormwater Quality Handbook Construction Site BMPs Manual.
110. Mitigation Measure 4.7-2: Water Discharge Requirements for Dewatering. For areas that may encounter groundwater during excavation activities, the Project Applicant shall incorporate San Francisco Regional Water Quality Control Board (SFRWQCB) discharge requirements into construction specifications for any dewatering activities that may be necessary. The Project Applicant shall provide all requested plans and protocols and incorporate any SFRWQCB additional comments or requests into project specifications for construction activities. Dewatering plans shall include, without limitation, an assessment of water quality, protocols for containment, and thresholds for discharge. No discharge of pumped water for dewatering shall occur prior to approval from SFRWQCB.
Submittal of
dewatering plans
During
excavation
and grading
activities
111. Mitigation Measure 4.7-3a: Post-Construction Stormwater Controls. Prior to approval of tentative maps or issuance of building permits for the project, the Project Applicant shall submit documentation to the City to verify that post -construction stormwater controls have been included in the site design in accordance with the requirements of the National Pollutant Discharge Elimination System ( NPDES) Phase II Small Municipal Separate Storm Sewer Systems (MS4) Permit and the Bay Area Stormwater Management Agencies Association (BASMAA) Post-Construction Manual. The Project Applicant shall prepare the final Stormwater Control Plan (SCP) and any necessary changes by the City or the SFRWQCB shall be incorporated into project design plans to ensure the required controls are in place and adhere to the requirements of the NPDES Phase II Small MS4 Permit and consistent with the BASMAA manual. At a minimum, the SCP shall demonstrate how the following measures shall be incorporated into the project:
Low-impact development (LID) site design principles (e.g., preserving natural drainage channels, treating stormwater runoff at its source rather than in downstream centralized controls);
Source control best management practices (BMPs) in the form of design standards and structural features for all proposed areas of development; Source control BMPs for landscaped areas shall be documented in the form of a Landscape Management Plan that relies on Integrated Pest Management and also includes pesticide and fertilizer application guidelines designed to minimize any offsite discharge; and Treatment control measures (e.g., bioretention, porous pavement, vegetated swales) targeting any potential pollutants such as sediment, pathogens, metals, nutrients nitrogen and phosphorus compounds), oxygen-demanding substances, organic compounds (e.g., PCBs, pesticides), oil and grease, and trash and debris. The SCP shall demonstrate that the project has the land area available to support the proposed BMP facilities sized per the required water quality design storm.
Submit
documentation
of compliance
with the NPDES
Phase II Small
Municipal
Separate Storm
Sewer Systems
Permit and the
Bay Area
Stormwater
management
Agencies
Association
Post-construction
Manual
Prior to
approval of
tentative
maps or
issuance of
building
permits
112. Mitigation Measure 4.7-3b: Compliance with the MS4 Permit. Prior to issuance of any building permits, the Project Applicant shall submit documentation to the City to demonstrate adherence to Provision E.12.h of the Municipal Separate Storm Sewer Systems (MS4) Permit, which requires that an Operation and Maintenance Program is implemented for post-construction stormwater management features. Responsible parties and funding for long-term maintenance of all Best Management Practices (BMPs) must be Submit
documentation
that an Operation
and Maintenance
Program has
been
Prior to
issuance of
building
permits
346
MASTER CONDITIONS OF APPROVAL
FOR AC-1 PORTION OF WATSON RANCH
38 Copyright © 2020 by Michael Patrick Durkee. All rights reserved. No portion of these Master Conditions may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee.
specified within the Operation and Maintenan ce Plan. This Plan shall specify a regular inspection schedule of stormwater treatment facilities in accordance with the requirements of the National Pollutant Discharge Elimination System ( NPDES) MS4 Permit. Reports documenting inspections and any remedial action conducted shall be submitted regularly to the City for review and approval.
implemented for
post-construction
stormwater
management
features
113. Mitigation Measure 4.9-1: Construction Noise. To reduce the potential for noise impacts due to construction of the project, the Project Applicant shall require construction contractors to implement the following measures:
Stationary construction noise sources shall not be located within 200 feet of residence.
If necessary to locate this equipment within 200 of existing residences, stationary equipment shall be shielded by temporary noise barriers or acoustic enclosures that are long and tall enough to break line of sight.
Noise barriers or shielding shall be erected for construction work associated with on - site construction activities that involves heavy construction equipment and occurs within 200 feet of residences for an extended period of time (i.e., more than 2 weeks).
The barriers shall be long enough to break line of sight and at least 8 feet in height.
Equipment warm up areas and equipment storage areas shall not be located closer than 500 feet of adjacent residences.
All heavy construction equipment and all stationary noise sources ( such as diesel generators) shall have properly functioning manufacturer -installed mufflers.
Stationary noise sources, such as temporary generators and pumps, shall be positioned as far from nearby receivers as possible, within temporary enclosures and shielded by barriers ( which could reduce construction noise by as much as 5 dB), or other measures, to the extent feasible.
Use “ quiet” models of air compressors and other stationary equipment where such technology exists.
Prohibit unnecessary idling of internal combustion engines.
To further reduce the potential for impacts, a Construction Noise Management Plan shall be prepared and shall include the following:
A process by which to provide a minimum of 2 weeks’ advance notice to all residences located within 200 feet of construction activities that are expected to occur for a period of 2 weeks or longer within a defined area, including the approximate start and end dates of such activities.
Signs shall be posted at all project entrances upon commencement of construction for the purposes of informing all contractors/subcontractors, their employees, agents, material haulers, and all other persons at the project of the basic requirements of Mitigation Measure 4.9-1.
Publicly visible signs shall be posted on security fencing at multiple locations around the perimeter of the project construction boundary that include:
Permitted construction days and hours.
A telephone number and designated person to contact for registering noise complaints. The designated person shall be available to respond to, and if necessary through complaint verification, take corrective action to ensure that noise emissions from the offending equipment or activity is addressed.
Corrective action shall be applied immediately if feasible, and within no later than 48 hours after receipt of the noise complaint. The designated person shall track complaints and corrective actions taken to resolve noise complaint issues.
Submit
documentation
verifying
implementation
of mitigation
implementation,
including
construction
Noise
Management
Plan
During
constructio
n activities
114. Mitigation Measure 4.12-3a (same as Mitigation Measure 4.2-2a in Section 4.2, Air Quality and Greenhouse Gas Emissions): Transportation Demand Management (TDM) Program. Prior to issuance of the first building permit for the non-residential use areas (i.e., TDM program Prior to
issuance of
first
347
MASTER CONDITIONS OF APPROVAL
FOR AC-1 PORTION OF WATSON RANCH
39 Copyright © 2020 by Michael Patrick Durkee. All rights reserved. No portion of these Master Conditions may be reproduced, stored for retrieval or used or reused in any form or by any means, electronic, mechanical or otherwise, without the prior written consent of Michael Patrick Durkee.
Napa Valley Ruins & Gardens [ NVR&G] and hotel), the Project Applicant shall develop a TDM program for the non-residential use areas (i.e., NVR&G and hotel) and shall submit the TDM program to the City Department of Public Works for review and approval. The Project Applicant shall be responsible for funding and overseeing the delivery of trip reduction/ TDM proposed programs and strategies, which may include, but are not limited to, the following:
1. Establishment of carpool, buspool, or vanpool programs;
2. Vanpool purchase incentives;
3. Cash allowances, passes or other public transit subsidies and purchase incentives;
4. Preferential parking locations for ridesharing vehicles;
5. Computerized commuter rideshare matching services;
6. Guaranteed ride-home program for ridesharing;
7. Bicycle programs including bike purchase incentives, storage, and maintenance programs;
8. On -site car share and bike share service;
9. Preparation of a Parking Management Plan to address parking accommodations for large events;
10. Designation of an on -site transportation coordinator for the project;
11. Transit and trip planning resources such as commute information kiosk;
12. Employer- provided showers, changing rooms, and clothing lockers for office employees that commute via active transportation;
13. Bicycle route mapping resources;
14. Participation in future citywide Transportation Management Association (TMA); and
15. Submit annual reports to the City regarding TDM activities. building
permit for
the nonresidential
use area
i.e.,
NVR& G
and hotel)
115. Mitigation Measure 4.12-9: Construction Management Plan. 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 WRSP 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 Project 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 would be no further construction truck trips, the Project 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.
Construction
Management
Plan
Prior to
constructio
n activities
348
CARTIER STREET
PEWTER STREET
LOOP ROAD CARTIER COURT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DATURA STREET PARCEL A PARCEL B PARCEL C CARTIER COURT G:\1217-062\ACAD\TM\TM - LOT 19\TM-1.DWG 0 40 80 120 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916) 788-4456 SITE LEGEND EXISTING PROPOSED DESCRIPTION ABBREVIATIONS VICINITY MAP GENERAL NOTES OF SHEET SHEET NO. 1 TM-1 VESTING TENTATIVE MAP WATSON RANCH LOT 8 (ADJUSTED PARCEL B) CITY OF AMERICAN CANYON NAPA COUNTY CALIFORNIA SCALE: 1" = 40' DATE: MARCH 21, 2024 349
LOT 7
28 RM 6
EX 74'
R/W
I 25' I
;,.I
'" I
46' 41' 41' 45' 20' 45' 41' 41' 41' 41' 41' 41' 41' 41' 41' 41' 41' 41' 41' 41' 44' 20' 45' 41' 12 NAPA JUNCTION RD
WATSON RANCH
SOUTH NAPA
JUNCTION ROAD
AMERICAN CANYON ROAD
VICINITY MAP
\\ \
,,
\
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50'
\ \ I
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NOT TO SCALE
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00 17 00
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fo
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/
-PARCEL A
WATSON RANCH
2D
PARCEL B -
EX 46'
R/W IDB
LOT ·o FINAL MAP-PHASE I
29 R I I
2 3
GENERAL NOTES
I. OWNER/DEVELOPER:
2, CIVIL ENGINEER:
3. GEOTECHNICAL ENGINEER:
4, TOPOGRAPHIC SOURCE:
5, BENCHMARK:
21 22
1-
w
w >- 0:: w
I-�
(/) :;;
c:: u
w ::J ��
w
CL 129
109 I ID 111
130 131 132
6, A,P,N,:
7. EXISTING LAND USE:
8, PROPOSED LAND USE:
- - - - - -· - N86'00'1Q"W 1141'.77 - - - - - - -
- I
- - - -
I PAE - \;
\
\
I
CURVE TABLE
115
112 113 I IL)
LOT
133 134 135 136
2.30±
0.08±
0.001±
2.17± ACRES (NET)
25 LOTS & 3 PARCELS
TOWN CENTER (TC)
MEDIUM DENSITY RESIDENTIAL - 16 (TC-1 MDR-16)
10.9± DU/ACRE (GROSS)
11.5± DU/ACRE (NET)
CITY OF AMERICAN CANYON
CITY OF AMERICAN CANYON
CITY OF AMERICAN CANYON
116 117 118
WATSON RANCH
10 FINAL MAP-PHASE 2
29 RM l 0
137 138 139
17, GAS & ELECTRIC:
18, TELEPHONE:
19, CABLE TV:
20, FLOOD ZONE:
21. DIMENSIONS:
22, EASEMENTS:
23, STREETS:
24, STORMWATER/DETENTION:
119 120 121 122 123
140 141 142 143 I 4L)
PACIFIC GAS AND ELECTRIC (PG&E)
AT&T
COMCAST
FEMA FLOOD ZONE X - UNSHADED
(AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL
CHANCE FLOODPLAIN),
MAP NUMBER: 06055C0650E
ALL DIMENSIONS ARE PRELIMINARY AND SUBJECT TO THE
FINAL CONSTRUCTION DOCUMENTS.
EXISTING EASEMENTS MAY REQUIRE VACATION OR
RELOCATION TO FACILITATE DEVELOPMENT. ALL PROPOSED,
EXISTING, RELOCATED AND VACATED EASEMENTS TO BE
SHOWN ON THE FINAL MAP OR PROVIDED BY SEPARATE
INSTRUMENT.
ALL STREETS TO BE PUBLIC STREETS, OWNED AND
MAINTAINED BY THE CITY OF AMERICAN CANYON.
ALL STORMWATER QUALITY TREATMENT AND DETENTION
NEEDS FOR THE SITE WILL BE PROVIDED ON WATSON
RANCH LARGE LOT 9 (APN: 059-430-017). SEE WATSON
RANCH BACKBONE IMPROVEMENT PLANS - PHASE 1A FOR
I 2L)
145
PARCEL C - '\
\
\
9.\
I
� I
"''"\ \
u, \
\ I
1 \
1 \ \
\\ \
1 I
1 \
I
EX 58'
R/W
125 126 127 128
w >-
0:: c:J
I-�
(/) :;;
�'=l :::, rn
I- a:
c§
146 147 148 149 150
\�
\
\
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'\.
\ \,
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\
NO
Cl
\\ \
' I
' \ I
RADIUS DELTA
14.00' 68'28'50"
ABBRE�IONS LEGEND
AC ACRES
BO BOUNDARY
ESMT EASEMENT
EX EXISTING
PAE PEDESTRIAN ACCESS EASEMENT
PR PROPOSED
PUE PUBLIC UTILITY EASEMENT
R RADIUS
RM RECORDED MAP
R/W RIGHT-OF-WAY
SF SQUARE FOOT
TYP TYPICAL
EXISTING PROPOSED DESCRIPTION
-- -- SUBDIVISION BOUNDARY
LOT LINE
RIGHT OF WAY
-------- -------- EASEMENT LINE
VESTING TENTATIVE MAP
WATSON RANCH
LENGTH
LOT 8 (ADJUSTED PARCEL B)
CITY OF AMERICAN CANYON NAPA COUNTY CALIFORNIA
SCALE: 1" = 40' DATE: MARCH 21, 2024
cbg
SAN RAMON • (925) 866-0322
ROSEVILLE • (916) 788-4456
WWW.CBANDG.COM
0 40 80 120 CIVIL ENGINEERS • SURVEYORS • PLANNERS
SHEET NO.
TM-1
OF 1 SHEET
G�1217-0621ACADITM\TM - LOT 19\TM-1.DWG
Future Park
Cartier Court
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lot 25 receives
east side and rear
elevation
enhancement.
Lot 1 receives west
side and rear
elevation
enhancement
ATTACHMENT 1.4
Marcus Road
Vine Trail
350
Watson Ranch
Lot 10: Harvest
N
Watson Ranch Lot 8 Subdivision – Location Map Attachment 2 351
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
WATSON RANCH A1.1
AMERICAN CANYON, CA
0 2 4 8
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2021159 PLAN 1583
Elevation C - Farmhouse
Attachment 3: Watson Ranch Lot 8 and 10 Architecture
352
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
WATSON RANCH A1.2
AMERICAN CANYON, CA
0 2 4 8
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2021159 PLAN 1583
Elevation C - Farmhouse
8/4/23 Updates:
-Two Tone Color @ Belly Band w/ Siding Added
353
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENT
O
WATSON RANCH A1.3
AMERICAN CANYON, CA
0 248
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2021159 PLAN 1799
Elevation B - Traditional
354
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
WATSON RANCH A1.4
AMERICAN CANYON, CA
0 2 4 8
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2021159 8/4/23 Updates:
-Two Tone Color @ Belly Band w/ Siding Added
PLAN 1799
Elevation B - Traditional
355
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
WATSON RANCH A1.5
AMERICAN CANYON, CA
0 2 4 8
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2021159 PLAN 1874
Elevation A - Ranch
8/4/23 Updates:
-Two Tone Color @ Belly Band w/ Siding Added
356
CITY OF AMERICAN CANYON CITY COUNCIL
NOTICE OF PUBLIC HEARING
On Tuesday, April 16, 2024, at the hour of 6:30 p.m., at 4381 Broadway, Suite 201 (in the American Canyon City Council Chambers), a public hearing will be held by the City Council of the City of American Canyon to consider the following application:
APPLICATION: Consider a Resolution to approve a Vesting Tentative Subdivision Map for develop of 25 single-family residential units on a 2.3-acre site within the Watson Ranch Specific Plan, Medium Density Residential 16 Zoning District, APNs 059-430-012 and 059-430-037 (File Number PL22-0024).
PROJECT DESCRIPTION: The project is located north of Cartier Street in Watson Ranch, north of the Harvest Subdivision. The site consists of 25 single-family residential (SFR) lots, 2 public parcels, and 1 private parcel. The SFR lots range from 3,608 SF to 5,624 SF in gross area. The subdivision is an extension of the Harvest Subdivision that the City Council approved in September of 2021.
ENVIRONMENTAL REVIEW: The proposed subdivision for Phase 1A of the Watson Ranch Specific Plan (“Design Guidelines”) and the Vesting Tentative Map for that Phase 1A (“VTM 1A”) are both contemplated “Project Approvals” analyzed under the Project FEIR and the Watson Ranch Specific Plan Development Agreement. Under CEQA, the Watson Ranch Specific Plan Project FEIR is a program EIR and is generally assumed to be used at a "development level." See, e.g., CEQA Guidelines § 15168.
There is no substantial evidence of changed circumstances under CEQA Guidelines section 15162 requiring further CEQA review as the whole of the approvals sought are contemplated under the Project FEIR analysis.
PROJECT LOCATION: Vacant lot north of Cartier Street (APNs 059-430-012 and 059-430- 037)
APPLICANT: AC 1 LLC, c/o Terry McGrath
All interested persons are invited to attend the meeting and be heard on this matter. Copies of all documents that relate to the above-described project may be examined at the Community Development Department office prior to the hearing. The meeting will be conducted in person and by teleconference via a Zoom connection where the City Council and staff will participate with both audio and video presence. The meeting will be accessible for all members of the public to attend via the City’s website, YouTube, and Cable TV Channel 28 and public comments enabled via email and phone.
Written comments may be submitted to Taresa Geilfuss, CMC, City Clerk by email at [email protected]. Hardcopy comments may be delivered to City Hall at 4381 Broadway, Suite 201, American Canyon, CA 94503, prior to the public hearing or to the City Council meeting.
Attachment 4
357
If you challenge the particular proceedings in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City prior to the public hearing.
Public meetings/events sponsored or conducted by the City of American Canyon are held in accessible sites.
Requests for accommodations may be made by calling (707) 647-5310 (voice) or 711 for the California Relay Service or by e-mailing the ADA Coordinator, Cherri Walton, at [email protected] at least 72 hours in advance of the event. Copies of documents distributed at the meeting are available in alternative formats upon request.
_____________________________
Taresa Geilfuss, CMC City Clerk
Date: April 2, 2024
Publication Date: April 6, 2024
358
059-430-006-000
CITY OF AMERICAN CANYON
4381 BROADWAY STE 201
AMERICAN CANYON, CA 94503
059-430-008-000
CITY OF AMERICAN CANYON
4381 BROADWAY STE 201
AMERICAN CANYON, CA 94503
059-430-010-000
MCGRATH PROPERTIES AMERICAN
CANYON LLC ETAL
1001 42ND ST STE 200
OAKLAND, CA 94608
059-430-019-000
AMERICAN CANYON PACIFIC
ASSOCIATES LP
3351 M STREET SUITE 100
MERCED, CA 95348
059-430-031-000
AMERICAN CANYON PACIFIC
ASSOCIATES LP
3351 M STREET SUITE 100
MERCED, CA 95348
059-430-036-000
1625 CLAY LLC ETAL
1001 42ND ST STE 200
OAKLAND, CA 94608
059-430-043-000
CITY OF AMERICAN CANYON
4381 BROADWAY STE
AMERICAN CANYON, CA 94503
059-430-044-000
MCGRATH PROPERTIES AMERICAN
CANYON LLC ETAL
1001 42ND ST STE 200
OAKLAND, CA 94608
059-430-045-000
MCGRATH PROPERTIES AMERICAN
CANYON LLC ETAL
1001 42ND ST STE 200
OAKLAND, CA 94608
059-430-046-000
WATSON RANCH OWNERS ASSOCIATION
6683 OWENS DR
PLEASANTON, CA 945888
059-030-007-000
533 SOSCOL AVE #100
NAPA, CA 94559
059-471-001-000
290 MARCUS RD
AMERICAN CANYON, CA 94503
059-471-002-000
291 PEWTER ST
AMERICAN CANYON, CA 94503
059-471-003-000
281 PEWTER ST
AMERICAN CANYON, CA 94503
059-471-004-000
271 PEWTER ST
AMERICAN CANYON, CA 94503
059-471-005-000
261 PEWTER ST
AMERICAN CANYON, CA 94503
059-471-006-000
251 PEWTER ST
AMERICAN CANYON, CA 94503
059-471-007-000
241 PEWTER ST
AMERICAN CANYON, CA 94503
059-471-008-000
231 PEWTER ST
AMERICAN CANYON, CA 94508
059-471-009-000
221 PEWTER ST
AMERICAN CANYON, CA 94508
059-471-010-000
211 PEWTER ST
AMERICAN CANYON, CA 94503
059-471-011-000
201 PEWTER ST
AMERICAN CANYON, CA 94503
059-471-012-000
607 BERRYESSA RD
SAN JOSE, CA 95112
059-471-013-000
171 PEWTER ST
AMERICAN CANYON, CA 94503
059-471-050-000
180 MARCUS RD
AMERICAN CANYON, CA 94503
059-471-051-000
200 MARCUS RD
AMERICAN CANYON, CA 94503
059-471-052-000
210 MARCUS RD.
AMERICAN CANYON, CA 94503
059-471-053-000
220 MARCUS RD
AMERICAN CANYON, CA 94503
059-471-054-000
230 MARCUS RD
AMERICAN CANYON, CA 94503
059-471-055-000
240 MARCUS RD
AMERICAN CANYON, CA 94503
359
059-471-056-000
AMERICAN CANYON, CA 94503
059-471-057-000
260 MARCUS RD
AMERICAN CANYON, CA 94503
059-471-058-000
270 MARCUS RD
AMERICAN CANYON, CA 94503
059-471-059-000
280 MARCUS RD
AMERICAN CANYON, CA 94503
059-472-001-000
MCGRATH PROPERTIES AMERICAN
CANYON LLC ETAL
1001 42ND ST STE 200
OAKLAND, CA 94608
059-472-002-000
MCGRATH PROPERTIES AMERICAN
CANYON LLC ETAL
1001 42ND ST STE 200
OAKLAND, CA 94608
059-472-003-000
MCGRATH PROPERTIES AMERICAN
CANYON LLC ETAL
1001 42ND ST STE 200
OAKLAND, CA 94608
059-472-004-000
D R HORTON BAY INC
3000 EXECUTIVE PKWY STE 100
SAN RAMON, CA 94583-4356
059-472-005-000
D R HORTON BAY INC
3000 EXECUTIVE PKWY STE 100
SAN RAMON, CA 94583-4356
059-472-006-000
D R HORTON BAY INC
3000 EXECUTIVE PKWY STE 100
SAN RAMON, CA 94583-4356
059-472-007-000
D R HORTON BAY INC
3000 EXECUTIVE PKWY STE 100
SAN RAMON, CA 94583-4356
059-472-008-000
D R HORTON BAY INC
3000 EXECUTIVE PKWY STE 100
SAN RAMON, CA 94583-4356
059-472-009-000
D R HORTON BAY INC
3000 EXECUTIVE PKWY STE 100
SAN RAMON, CA 94583-4356
059-472-010-000
D R HORTON BAY INC
3000 EXECUTIVE PKWY STE 100
SAN RAMON, CA 94583-4356
059-472-011-000
D R HORTON BAY INC
3000 EXECUTIVE PKWY STE 100
SAN RAMON, CA 94583-4356
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D R HORTON BAY INC
3000 EXECUTIVE PKWY STE 100
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3000 EXECUTIVE PKWY STE 100
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D R HORTON BAY INC
3000 EXECUTIVE PKWY STE 100
SAN RAMON, CA 94583-4356
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1001 42ND ST STE 200
OAKLAND, CA 94608
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OAKLAND, CA 94608
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D R HORTON BAY INC
3000 EXECUTIVE PKWY STE 100
SAN RAMON, CA 94583-4356
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D R HORTON BAY INC
3000 EXECUTIVE PKWY STE 100
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1001 42ND ST STE 200
OAKLAND, CA 94608
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361
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OAKLAND, CA 94608
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OAKLAND, CA 94608
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OAKLAND, CA 94608
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CITY COUNCIL AGENDA
APRIL 16, 2024
STAFF REPORT
WORKSHOP
ITEM NUMBER: 14.
TITLE
Proposed Staffing FY 24/25 and Beyond
RECOMMENDATION
Receive a presenta-on on employee sa-sfac-on surveys, organiza-onal assessments and proposed staffing for Fiscal Year FY 24/25 and beyond.
CONTACT
Jason Holley, City Manager
BACKGROUND & ANALYSIS
Staff and consultants conducted various employee sa-sfac-on surveys and organiza-onal assessments in prepara-on for the Fiscal Year 24/25 Budget. Generally, the iden-fied needs are staffing (full-time or part-time), outside resources (ie. consultants, contractors, etc.), training, and/or technology & equipment.
Employee Satisfaction Survey
An Employee Sa-sfac-on Survey was undertaken by Pollco in Fall 2023. The results present the opinions of City employees regarding their job sa-sfac-on, engagement, and key characteris-cs of their work environment (Attachment 1).
A total of 69 employees completed surveys (78% response rate). American Canyon's results compare favorably to the benchmarks of more than 25,000 other local government employees surveyed across the U.S.
A summary is below:
Employee development is valued by American Canyon employees and exceeded the na-onal average in many areas.
Although employees appreciate the work environment and benefits provided, there is some concern surrounding resources provided.
American Canyon employees are sa-sfied with their jobs and plan to con-nue working for American Canyon.
American Canyon is making positive strides in the areas of inclusivity and equity. 369
Organizational Assessment - Public Works and Maintenance and Utilities Departments The assessment of the Public Works and the Maintenance and U-li-es Departments was extensive.
It includes an analysis of organiza-onal structures, management systems and use of best prac-ces by Baker Tilly, one of the na-on’s preeminent municipal advisory firms. The report (AJachment 2) provides a roadmap for some changes - other changes are proposed independently by the City Manager.
The following methods were used:
Individual Interviews: FiKeen (15) individual staff interviews. These mee-ngs will be confidential with only the consultants and staff member participating.
Focus Groups: Four (4) focus group mee-ngs. One (1) each at the Corpora-on Yard, Water Reclama-on Facility, Water Treatment Plant and City Hall. All employees of each Department were invited to aJend these group mee-ngs. This included the U-lity Billing team because of their critical role.
Survey: a confidential employee survey for each Department.
Peer ci-es review: Comparison of four (4) peer ci-es for their organiza-on structures and how functions are aligned.
The City Manager and Baker Tilly share the following key findings:
Merge into single department.
Recruit for leadership position over utilities only (not maintenance).
Address confusion/efficiency Capital program
Build analytical capacity.
Separate construction inspection from design
Supervisory needs for building maintenance & fleet.
Narrow the focus of park maintenance group
Technology, technology, technology
Training & succession planning
Utilize contractors and consultants
The following changes are underway:
Combine into a single Public Works Department.
Recruit for Assistant Public Works Director – Utilities and Environmental position Change Streets & Drainage Division to report to PWD Superintendent (instead of Public Works Director)
Change work location for Corp Yard staff
The following changes are proposed for Fiscal Year 24/25:
Create “Site Supervisor” role for each treatment plant
New Management Analyst position reporting to PWD Director New Project Manager position
Utilize contractor for pool maintenance
370
Utilize sheep contractor for vegetation management
The following changes are under consideration for the future:
Change work location of utility field staff
Create Field Inspection Division
Create a leadership position to oversee Engineering Divisions (City Engineer) New full-time Maintenance Worker position for Parks Division New Maintenance Supervisor for Facility/Fleet Division
New permanent part-time Maintenance Worker position(s)
Additional clerical support
Organizational Assessment - Parks and Recreation Department Municipal Resources Group (MRG) was hired to perform an assessment of the Parks and Recrea-on Department. Their work is all-encompassing and includes one-on-one interviews, group interviews and mentoring and leadership developments.
The assessment focusses on the following positions and how their job classifications are utilized:
Recreation Manager
Administrative Technician
Recreation Supervisor
Recreation Coordinator
Program Coordinator
Key finding includes:
Organiza-onal Structure: Consider adding two Recrea-on Supervisor posi-ons to supervise the Recreation Coordinators and other recreation program positions.
Recrea-on Manager: The posi-on is classified correctly; however, the class specifica-on should be updated.
Administra-ve Technician: The posi-on is classified correctly, and no changes to the class specification are recommended.
Recrea-on Supervisor: Revise the class specifica-on to: (1) iden-fy the classifica-on as a full supervisor over permanent, full--me staff; (2) iden-fy it as an FLSA-exempt management classifica-on; and (3) update the minimum qualifica-ons and other sec-ons, especially pertaining to supervisory functions.
Recrea-on Coordinator: Revise the class specifica-on to clearly differen-ate it from Recreation Supervisor.
Program Coordinator: Establish a new Recrea-on Specialist classifica-on and reclassify the Program Coordinators in the Parks and Recrea-on Department to Recrea-on Specialist. Keep the Program Coordinator classification to be used in other departments.
MRG's assessment provides a roadmap for some changes - other changes are proposed independently by the City Manager. The following changes are underway, but will require Council 371
approval prior to becoming effective:
Revise the Recrea-on Coordinator class specifica-on to clearly differen-ate it from Recreation Supervisor.
Revise the Recrea-on Supervisor class specifica-on to a FLSA-exempt management classification.
Update the Recreation Manager class specification.
Professional development work focusing specifically on enhancing team dynamics and maximizing strengths and talents remains ongoing; topics include:
Strategic program planning and development
Recreation career and leadership strategy
Team development and communication
Goal setting and implementation
Increasing the use of the community centers, the pool, and community-wide program planning
Managing program and event planning and implementation
Enhancing budget and funding practices
Supporting current projects
Time management
No addi-onal full--me staff posi-ons are proposed as part of the FY 24/25 Budget, but others are under consideration for the future.
Organizational Assessment - Police Department
Chief Greenberg con-nues to assess the needs of American Canyon Police Department (ACPD) con-nues to provide a high level of service to the community. Council previously approved supervisory positions of Lieutenant and Sergeant, in preparation to add future additional officers.
Currently, ACPD consists of 26 sworn officers, including 1 Chief, 1 Lieutenant, 5 Sergeants, and 19 officers. But as American Canyon grows, additional law enforcement staffing is needed.
Of the current 19 officers, one (1) officer is assigned as the full--me community resource officer (CRO), two (2) are assigned as full--me traffic enforcement and vehicle collision inves-gators, and two (2) are assigned as School Resource Officers (SRO’s) at the high school and middle school respectively.
By January 2027, the recommenda-on is to increase total sworn staffing to 30 officers. The recommenda-on is par-ally based on sizing the ACPD for popula-on growth (1.1 officer per 1000), assumed increases in vehicle traffic, and responding to the community's desire to con-nue the high level of service, including above average crime clearance rates. The addi-onal four (4) officers would be:
(1) community outreach officer
372
(1) traffic enforcement officer
(2) additional patrol officers
The addi-onal community outreach officer will augment the exis-ng CRO's high level of communityoriented policing, community outreach, and participate in special events.
The addi-onal traffic enforcement officer will join the two (2) exis-ng motor officers in providing high level of traffic enforcement and traffic collision inves-ga-on. Having more visible traffic enforcement officers should reduce bad driving behavior and traffic collisions.
The addi-onal patrol officers will support the inevitable increase in calls for service as American Canyon's popula-ons grows. Adding the addi-onal officers as proposed, will keep our response -me down, increase visible police presence helping to deter crime, and to con-nue ACPD's excep-onal crime clearance rates.
There is a separate Business Item tonight related to the contractual procedures necessary for implemen-ng the Chief's recommenda-on in conjunc-on with the Law Enforcement Services contract with Napa Sheriff's Office.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."
FISCAL IMPACT
Funding for the changes underway are already included in the FY 2023/24 Budget. Funding for changes in the FY 2024/25 are included in the Proposed Budget for Council review on May 21. Final adoption of the FY 2024/25 Budget is scheduled for June 4.
ENVIRONMENTAL REVIEW
15378(b) - The ac-on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec-ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.
ATTACHMENTS:
1. 2023 National Employee Survey Results
2. Assessment of Public Works and Maintenance & Utilities Departments
3. Classification Review
373
American Canyon, CA
The National Employee Survey
Report of Results
2023
Report by:
Visit us online!
www.polco.us
374
How the results are reported
For the most part, the percentages presented in the following tabs represent the “percent positive.” The percent positive is the combination of the top two most positive response options (i.e., “excellent” and “good,” “strongly agree” and “somewhat agree,” etc.). On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply is shown in the full set of responses included in the tab “Complete data.” However, these responses have been removed from the analyses presented in most of the tabs. In other words, the tables and graphs display the responses from respondents who had an opinion about a specific item.
When a table for a question that only permitted a single response does not total to exactly 100%, it is due to the customary practice of rounding percentages to the nearest whole number.
Comparisons to the benchmarks
This is American Canyon's first administration of The National Employee Survey. The survey was administered during the COVID-19 pandemic, a time of challenge for many local governments. While we provide comparisons to national benchmarks, it is important to note that much of the benchmark data was collected prior to the pandemic, so the comparisons may not be entirely comparable for all of the data points.
NRC’s database of comparative employee opinion comprises the perspectives of more than 25,000 employees gathered from employee surveys from local governments across the U.S. Those employees evaluated the organization in which they work and gave their opinion about job satisfaction, supervisor relationships and other About The NES™
This report of The National Employee Survey™ (The NES™) for the City of American Canyon presents the opinions of employees regarding their job satisfaction, engagement and key characteristics of their work environment. The survey was developed by the experts from National Research Center at Polco. A periodic sounding of employee opinion on critical workplace issues offers management, staff and elected officials an opportunity to identify challenges, plan for and evaluate improvements and sustain organizational effectiveness for long-term success.
The NES report is about the work environment of the City of American Canyon. A quality work environment is a workplace that is not simply acceptable, but that is desirable. It is not only where people do work, but where they want to work.
Great workplaces are partnerships of employees,
management and the residents they serve. The NES
captures employees’ opinions within the aspects of
organizational climate as well as community quality and city governance OR as well as ratings of City internal support services (such as human resources and finance), community quality, and City governance:
- Quality of Community
- Quality of Governance
- Employee Engagement
- Workplace essentials
- Organizational Climate
- Employee Development
- Equity and Inclusion
- Internal Support Services
A total of 69 completed surveys were obtained, providing an overall response rate of 78%. Because the survey was intended to be taken by all employees, no traditional margin of error was calculated. However, because not all employees responded, NRC recommends using plus or minus five percentage points as the “range of uncertainty” around any given percent reported for the organization as a whole. The full description of methods used to garner these opinions can be found in the Methods tab.
1 375
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national benchmarks, it is important to note that much of the benchmark data was collected prior to the pandemic, so the comparisons may not be entirely comparable for all of the data points.
NRC’s database of comparative employee opinion comprises the perspectives of more than 25,000 employees gathered from employee surveys from local governments across the U.S. Those employees evaluated the organization in which they work and gave their opinion about job satisfaction, supervisor relationships and other aspects of the employee experience. The City of American Canyon was compared to the entire database. A benchmark comparison (the average percent positive from all the comparison organizations where a question was asked, excluding American Canyon's) has been provided when there were at least five organizations in which the ..
Where comparisons are available, two columns are provided in the table. The first column is American Canyon's percent positive. The second shows the comparison of American Canyon's rating to the benchmark, where American Canyon's results are noted as being “higher” than the benchmark, “lower” than the benchmark or “similar” to the benchmark. These labels come from a statistical comparison of American Canyon'srating to the benchmark where a rating is considered “similar” if it is within the margin of error (five percentage points or less) and “higher” or “lower” if the difference between American Canyon's rating and the benchmark is greater the margin of error (greater than five percentage points).
2 376
Methods
Survey Background
The City of American Canyon partnered with National Research Center (NRC) at Polco to conduct a City-wide employee survey. Employees were asked questions about their job satisfaction, work environment, compensation, supervisory relationships, organizational climate and communication. This was the first survey of American Canyon employees. The results can be used by the City to better understand employee experiences, address employee concerns and monitor perspectives over time.
The survey consisted of thematically similar statements grouped into question sets and all were asked on a four-point scale (e.g., strongly agree, somewhat agree, somewhat disagree, strongly disagree or excellent, good, fair, poor).
Selecting Survey Recipients
All City of American Canyon employees were eligible to complete the survey. The City provided NRC with a list of email addresses for all employees with City emails. The City also communicated with all employees about the survey so that employees without City emails were informed about and could participate in the survey.
Survey Administration and Response
The survey was administered on the Polco platform. Beginning November 13th, 2023, employees were mailed a postcard to their homes with a link inviting them to complete the web-based survey on Polco. About a week later, City of American Canyon employees with email addresses received two email messages several days apart with a URL link to the survey.
The survey was available in English only. Data collection continued through December 18th, 2023. Of the 89 employees receiving an invitation to complete the survey, a total of 69 employees returned completed surveys, providing a response rate of 78%. The response rate was calculated using the American Association of Public Opinion Research (AAPOR) response rate #2 for Internet surveys of named persons.¹ Because the survey was intended to be taken by all employees, no traditional margin of error was calculated.
However, because not all employees responded, NRC recommends using plus or minus five percentage points as the “range of uncertainty” around any given percent reported for the organization as a whole. Additionally, no statistical weighting was performed.
Since the surveys were completed online, the data were automatically saved electronically. The survey dataset was analyzed through a combination of software programs including the Statistical Package for the Social Sciences (SPSS), R, Python, and Tableau. The anonymity of all employees was fully maintained as no names or other unique identifiers have been recorded.
Contact
The City of American Canyon funded this research. Please contact Jen Kansanback of the City of American Canyon at [email protected] if you have any questions about the survey.
1. See AAPOR's Standard Definitions for more information at https://aapor.org/standards-and-ethics/standard-definitions/
2. Pasek, J. (2014). ANES Weighting Algorithm. Retrieved from https://surveyinsights.org/wp-content/uploads/2014/07/Full-anesrake-paper.pdf 3 377
Key Findings
Employee development is valued by American Canyon employees and exceeded the national average in many areas.
Reviews for employee development received high praise from employees, often exceeding the national benchmark.
When evaluating the organization as a whole, more than 8 in 10 gave high marks for supporting continual learning and development, and the availability of opportunities for employees to develop knowledge and skills, both exceeding the national averages. About three-quarters offered positive ratings for opportunities to develop a career path, and the overall skill set of the staff. Roughly 6 in 10 gave ratings of excellent or good to the clarity of staff roles and responsibilities, showing employee appreciation, and accuracy of performance evaluations.
Employees applauded their supervisor’s performance as well, with all evaluations surpassing the national benchmarks. Nearly 9 in 10 offered positive reviews for their supervisor providing opportunities for employees to learn and grow, communicating expectations of employees, and working together with employees to set goals.
About 8 in 10 offered similar praise for providing specific, constructive feedback, coaching or mentoring employees, and providing recognition for doing good work. While still rated higher than the national average, only about half of employees gave positive ratings for supervisors managing low-performing employees, indicating a potential area of opportunity.
Although employees appreciate the work environment and benefits provided, there is some concern surrounding resources provided.
Most items related to the organizational climate and essentials in American Canyon received positive ratings, low scores for necessary materials indicate a potential area of opportunity. When asked to evaluate their work group, the majority of employees gave scores that exceeded the national average. At least 8 in 10 praised their work group’s working relationships, collaboration and communication among all staff, effectiveness of meetings, and overall staff morale, all exceeding the national benchmarks.
Scores for evaluating supervisor performance surpassed the national average as well, with at least 8 in 10 employees giving praise to supervisor’s encouraging employees to you their own judgement, and to come up with innovative solutions to problems. A similar proportion gave high marks to welcoming employee involvement in decision making, communicating information in a timely manner, and encouraging an environment where employees feel comfortable to raise issues and concerns that are important to them.
In evaluating the organization as a whole, roughly 8 in 10 employees offered positive reviews of the City’s benefits overall, maintaining an environment that is free of violence or harassment, and their work schedule flexibility, all higher than the national average. Ratings for work-life balance (76%), valuing creativity (67%), and openness to new ideas or initiatives (65%) exceeded the national average as well. However, about 6 in 10 offered positive ratings for the availability of necessary materials, resources and equipment to do the job effectively, and having ac..
Most American Canyon employees are satisfied with their jobs and plant to continue working for the city.
Ratings for employee engagement in American Canyon indicate high satisfaction for employees. Roughly 9 in 10 reported that they strongly or somewhat agreed that they gain satisfaction from their current job responsibilities, plan on working for the organization a year from now, and have good friends at work. A similar proportion reported that they were satisfied with their job, felt positive about working for the City, and felt positively challenged in their current job.
In a question unique to American Canyon’s survey, roughly 9 in 10 responded that if given the opportunity, they would tell others great things about working for the city, are inspired to do their best work, and have established a clear path for their development with their manager.
The City is making positive strides in the areas of inclusivity and equity.
Employees had many positive ratings for items related to equity and inclusion in the City. More than 8 in 10 gave high marks for the organization demonstrating respect for employees of different cultures and belief systems, and respecting individual cultural beliefs, both exceeding national averages. A slightly smaller proportion praised the organization for providing a safe and secure environment for employees of all backgrounds, promoting workplace diversity, and attracting employees from diverse backgrounds, the latter two exceeded national benchmarks.
Ratings for their supervisor’s performance relating to equity and inclusion exceeded national averages as well. 4 378
high marks for the organization demonstrating respect for employees of different cultures and belief systems, and respecting individual cultural beliefs, both exceeding national averages. A slightly smaller proportion praised the organization for providing a safe and secure environment for employees of all backgrounds, promoting workplace diversity, and attracting employees from diverse backgrounds, the latter two exceeded national benchmarks.
Ratings for their supervisor’s performance relating to equity and inclusion exceeded national averages as well.
Roughly 9 in 10 offering praise for valuing employees from diverse backgrounds, treating all employees fairly, fostering an atmosphere of mutual trust and confidence, treating employees with respect, and promoting a positive working relationship among work group members.
5 379
3. Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 34%
Excellent
48%
Good
16%
Fair
2%
Poor
American Canyon as a place to live
Quality of Community
The quality of a government is often revealed through the quality of the community served.
How likely or unlikely are you to recommend LIVING in American Canyon to someone who asks? 85% Similar
How likely or unlikely are you to recommend LIVING in American Canyon to someone who asks? (% very or somewhat likely)
American Canyon as a place to live
American Canyon as a place to work
The overall quality of life in American Canyon
Similar
Similar
Similar
83%
78%
78%
Please rate each of the following aspects of quality of life in American Canyon. (% excellent or good) vs.
benchmark³
6 380
4. Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
Quality of Governance
Employees want to be a part of a team that does high quality work that is well received by their community and well supported by the organization.
14%
Excellent
59%
Good
22%
Fair
4%
Poor
The overall quality of the services
provided by the City of American
Canyon
The overall quality of the services provided by the City of American Canyon
Generally acting in the best interest of the community
Overall confidence in American Canyon government
The overall direction that American Canyon is taking
Lower
Similar
Similar
Similar
74%
67%
63%
60%
Please rate the following categories of American Canyon government performance. (% excellent or good)
The quality of work being done in my work group 93% Similar Please rate each of the following aspects of your WORK GROUP. (% excellent or good)
None
(% excellent or good)
Your supervisor
Senior staff/Leadership
Council/elected officials
Similar
Higher
Higher
88%
80%
69%
Please rate your overall level of confidence in the leadership of:
(% very or moderately confident)
vs.
benchmark⁴
7 381
Employee Engagement
An organization of engaged employees is one where
employees feel motivated to do their best possible work and where they hope to continue working in years to come. To impact employee engagement, an organization typically will want to see which of the other aspects of organizational climate were most influential on their engagement ratings. 43%
Somewhat agree
48%
Strongly agree
6%
Somewhat disagree
3%
Strongly disagree
Overall, I am satisfied with my job
I gain satisfaction from my current job responsibilities I plan on working for this organization a year from now I have good friends at work
Overall, I am satisfied with my job
Overall, I feel positive about working for the City of American Canyon I feel positively challenged in my current job
I have the opportunity to do what I do best every day at work The mission and vision of the City of American Canyon make me feel my job is important
My values match or fit with the values of this organization I see a career path for me at City of American Canyon
Similar
Higher
Similar
Similar
Higher
Similar
Similar
Similar
Similar
Similar
94%
94%
92%
91%
90%
90%
88%
85%
85%
81%
Please rate the extent to which you agree or disagree with the following statements about your job working for the City of American Canyon.
(% strongly or somewhat agree)
Hlikllikltd WORKING FOR thCitf AiCt
For employees of the City of American Canyon, the key organizational characteristics found to be most closely correlated⁵ with employee ratings of engagement were:
- Opportunities to develop a career path
- Treating all employees fairly
- Providing a safe and secure environment for employees of all backgrounds - Applying discipline fairly and consistently
Of these, applying discipline fairly and consistently, and treating all employees fairly were higher than the benchmark comparison. Applying discipline fairly and consistently, and Opportunities to develop a career path were similar to the benchmark comparison. To impact employee engagement, an organization typically will want to consider improvements to any key features that were not higher than the benchmark. vs.
benchmark⁶
8 382
5. A statistical technique called Key Driver Analysis was used to identify the key organizational characteristics most closely associated with employee ratings of job satisfaction and engagement. This technique is used widely in the private sector to help organizations prioritize which aspects of a service are more likely to influence loyalty and overall satisfaction. The Key Driver Analysis was based on both linear and multivariate modeling techniques using an index of employee engagement.
6. Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
My values match or fit with the values of this organization I see a career path for me at City of American Canyon 81% Similar How likely or unlikely are you to recommend WORKING FOR the City of American Canyon to someone who asks? 86% Higher
How likely or unlikely are you to recommend WORKING FOR the City of American Canyon to someone who asks?
(% very or somewhat likely)
9 383
7. Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
Essentials
Foundational to employee engagement are having a safe work environment, the resources needed to do a good job, and receiving compensation commensurate with work
accomplished.
Maintaining a work environment that is free of drug or alcohol abuse Benefits overall (vacation, sick leave, health care, retirement plan, etc.) Maintaining a work environment that is free of violence or harassment Work schedule flexibility
Protecting employees from health and safety hazards on the job Work-life balance
Providing individual and group work spaces to do the job effectively Availability of necessary materials, resources and equipment to do the job effectively
Access to technology that helps employees do their job effectively Compensation (salary, benefits and incentives/bonuses) compared with similar opportunities
Similar
Higher
Higher
Higher
Similar
Higher
Similar
Lower
Lower
Similar
93%
88%
87%
84%
77%
76%
74%
65%
60%
54%
As an employee of City of American Canyon, how would you rate the job the organization does at each of the following?
(% excellent or good)
vs.
benchmark⁷
10 384
8. Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
Organizational Climate
Organizational climate is a set of policies, strategies, and behaviors that form the primary colors that paint the everyday experience of employees in the workplace. From providing clear communications to encouraging innovation, the quality of these practices directly affects staff morale and engagement.
Valuing creativity
Providing a clear vision for our organization
Openness to new ideas and initiatives
Communicating information that helps employees understand the proble..
Speed of response to important issues or change
Collaboration between departments (e.g., transportation, planning, etc.) Higher
Similar
Higher
Similar
Similar
Similar
67%
67%
65%
57%
52%
48%
As an employee of City of American Canyon, how would you rate the job the organization does at each of the following?
(% excellent or good)
The working relationships in my work group
Collaboration among all staff in my work group
Communication among all staff in my work group
Effectiveness of meetings in my work group
Overall staff morale in my work group
Higher
Higher
Higher
Higher
Higher
90%
85%
84%
82%
82%
Please rate each of the following aspects of your WORK GROUP. (% excellent or good)
Encouraging employees to use their own judgment to get the job done Encouraging employees to come up with innovative solutions to problems Welcoming employee involvement in decision-making
Communicating information in a timely manner
Encouraging an environment where employees feel comfortable to raise issues and concerns that are important to them
Higher
Higher
Higher
Higher
Higher
91%
90%
86%
85%
84%
Please rate each of the following aspects of your SUPERVISOR'S performance. (% excellent or good)
vs.
benchmark⁸
11 385
9. Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
Employee development
The development of human capital requires investment in performance evaluation and professional development as well as supporting employees as they seek to meet new challenges and career opportunities.
Supporting continual learning and development
Availability of opportunities for employees to develop knowledge and skills
Opportunities to develop a career path
The overall skill set of staff
Clarity of staff roles and responsibilities
Showing employee appreciation
Accuracy of performance evaluations
Connection between compensation and performance
Higher
Higher
Higher
Similar
Similar
Higher
Higher
Higher
87%
84%
78%
78%
63%
62%
62%
52%
How would you rate the job the organization does at each of the following? (% excellent or good)
Providing opportunities for employees to learn and grow Communicating expectations of employees
Working together with employees to set goals
Providing specific, constructive feedback that helps improve employee performance
Coaching or mentoring employees
Providing recognition for doing good work
Applying discipline fairly and consistently
Recognizing high-performing employees
Managing low-performing employees
Higher
Higher
Higher
Higher
Higher
Higher
Higher
Higher
Higher
89%
89%
88%
81%
80%
79%
77%
73%
55%
Please rate each of the following aspects of your SUPERVISOR'S performance. (% excellent or good)
vs.
benchmark⁹
12 386
Equity and inclusion
Inclusion and equity are a priority for local government organizations. Strategically building a more diverse workforce fosters relevance, innovation, and organizational effectiveness. 43%
Excellent
37%
Good
15%
Fair
6%
Poor
Making all employees feel welcome
Making all employees feel welcome
Helping new employees feel connected and integrated
Fostering a respectful atmosphere
Higher
Similar
Higher
79%
76%
75%
As an employee of City of American Canyon, how would you rate the job the organization does at each of the following?
(% excellent or good)
Demonstrating respect for employees of different cultures and belief systems
Respecting individual cultural beliefs and values
Providing a safe and secure environment for employees of all backgrounds
Promoting workplace diversity
Attracting employees from diverse backgrounds
Providing equal employment opportunities to employees of all backgrounds
Recruiting diverse people into positions of organizational leadership Applying policies and procedures equally to all employees Higher
Higher
Similar
Higher
Higher
Similar
Higher
Higher
89%
86%
80%
80%
80%
79%
74%
71%
How would you rate the job the organization does at each of the following? (% excellent or good)
Please rate each of the following aspects of your SUPERVISOR'S performance. (% excellent or good)
vs.
benchmark¹⁰
13 387
11. Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
Valuing employees from diverse backgrounds
Treating all employees fairly
Fostering an atmosphere of mutual trust and confidence
Treating employees with respect
Promoting a positive working relationship among work group members Higher
Higher
Higher
Higher
Higher
94%
91%
91%
90%
89%
Please rate each of the following aspects of your SUPERVISOR'S performance. (% excellent or good)
14 388
11. Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
Support services
There are many services that are essential to local government that most residents would never hear about. The "visible" services could not be performed without the support of internal groups that create the infrastructure to make external services possible.
22%
Excellent
46%
Good
25%
Fair
7%
Poor
Overall City internal services
General information technology (IT) services overall
Maintenance and repair services
Benefits administration
Application services
Fleet maintenance services overall
Facilities management services overall
Desktop / Help Desk services
Human resources services overall
Network services
Overall City internal services
Telephone systems
Training services
Risk management services overall
Finance services overall
Purchasing services overall
Recruitment services
Radio systems
Custodial cleaning services
Similar
Similar
Higher
Similar
Similar
Similar
Similar
Higher
Similar
Similar
Similar
Higher
Similar
Similar
Similar
Higher
Similar
Lower
78%
76%
76%
73%
72%
71%
71%
70%
68%
68%
67%
66%
65%
64%
64%
63%
62%
46%
Please rate the QUALITY of each of the following support services in American Canyon. (% excellent or good)
vs.
benchmark¹¹
11. Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 15 389
Please rate the extent to which
you agree or disagree with the
following statements about your
job working for the City of
American Canyon.
It would take a lot to get me to leave the
City of American Canyon
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
Given the opportunity, I tell others great
things about working here
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
I am inspired to do my best work at the
City of American Canyon
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
The City of American Canyon motivates me
to contribute more than is normally
required to complete my work
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
I rarely think about leaving the City of
American Canyon to work somewhere else
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
I am comfortable seeking feedback and
raising issues with my manager
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
and accountability for their deliverables
Somewhat agree
11%
13%
31%
45%
6%
13%
31%
49%
4%
3%
36%
57%
7%
18%
31%
43%
15%
11%
37%
37%
3%
5%
30%
62%
34%
Custom questions
Below are the complete set of responses to each custom question on the survey. By default, “don’t know” responses are excluded, but may be added to the table using the response filter below.
Include "don't know"
No
16 390
Strongly disagree
In my team, employees take ownership
and accountability for their deliverables
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
The City of American Canyon provides a
culture of open and honest communication
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
My manager and I have established a clear
path for my development
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
5%
8%
34%
53%
6%
19%
37%
37%
8%
11%
29%
53%
17 391
% positive
RankNumber ofcommunitiesPercentile
Please rate each of
the following aspects
of quality of life in
American Canyon.
American Canyon as a place to live Similar
American Canyon as a place to work Similar
The overall quality of life in American Canyon Similar
How likely or unlikely are you to recommend LIVING in
American Canyon to someone who asks? Similar
Please rate the
following categories
of American Canyon
government
performance.
The overall direction that American Canyon is taking Similar Generally acting in the best interest of the community Similar Overall confidence in American Canyon government Similar The overall quality of the services provided by the City of American Canyon Lower
Please rate the
extent to which you
agree or disagree
with the following
statements about
your job working for
the City of American
Canyon.
Overall, I am satisfied with my job Similar
I plan on working for this organization a year from now Higher I see a career path for me at City of American Canyon Similar I gain satisfaction from my current job responsibilities Similar I feel positively challenged in my current job Similar
I have the opportunity to do what I do best every day at work Similar
My values match or fit with the values of this organization Similar I have good friends at work Similar
Overall, I feel positive about working for the City of
American Canyon Higher
The mission and vision of the City of American Canyon
make me feel my job is important Similar
How likely or unlikely are you to recommend WORKING
FOR the City of American Canyon to someone who asks?
Higher
83% 16 46 67
78% 24 46 50
78% 28 46 41
85% 20 45 57
60% 30 45 35
67% 29 45 37
63% 25 45 46
74% 39 45 15
91% 23 69 68
94% 6 69 92
81% 15 37 62
94% 5 50 92
90% 12 53 79
88% 9 61 87
85% 29 68 59
92% 26 67 63
90% 9 68 88
85% 17 50 68
National Benchmark Tables
This table contains the comparisons of American Canyon's results to those from other organizations. The first column shows the comparison of American Canyon's rating to the benchmark. American Canyon's results are noted as being “higher”, “lower” or “similar” to the benchmark, meaning that the average rating given by American Canyon employees is statistically similar to or different than the benchmark. The second column is American Canyon's “percent positive.” Most commonly, the percent positive is the combination of the top two most positive response options (i.e., “excellent” and “good”). The third column is the rank assigned to American Canyon's rating among organizations where a similar question was asked. The fourth column is the number of organizations that asked a similar question. The fifth column shows the percentile for American Canyon's result -- that is what percent of surveyed organizations had a lower rating than American Canyon. 18 392
statements about
your job working for
the City of American
Canyon.
The mission and vision of the City of American Canyon
make me feel my job is important Similar
How likely or unlikely are you to recommend WORKING
FOR the City of American Canyon to someone who asks? Higher As an employee of
City of American
Canyon, how would
you rate the job the
organization does at
each of the
following?
Availability of necessary materials, resources and
equipment to do the job effectively Lower
Providing individual and group work spaces to do the job effectively Similar
Access to technology that helps employees do their job
effectively Lower
Compensation (salary, benefits and incentives/bonuses)
compared with similar opportunities Similar
Benefits overall (vacation, sick leave, health care,
retirement plan, etc.) Higher
Work-life balance Higher
Work schedule flexibility Higher
Maintaining a work environment that is free of violence or harassment Higher
Maintaining a work environment that is free of drug or
alcohol abuse Similar
Protecting employees from health and safety hazards on the job Similar
Providing a clear vision for our organization Similar
Communicating information that helps employees
understand the problems and issues facing the City Similar Speed of response to important issues or change Similar Collaboration between departments (e.g., transportation, planning, etc.) Similar
Openness to new ideas and initiatives Higher
Valuing creativity Higher
Making all employees feel welcome Higher
Helping new employees feel connected and integrated Similar Fostering a respectful atmosphere Higher
How would you rate
the job the
organization does at
each of the
following?
Demonstrating respect for employees of different cultures and belief systems Higher
Respecting individual cultural beliefs and values Higher Attracting employees from diverse backgrounds Higher
Recruiting diverse people into positions of organizational leadership Higher
Promoting workplace diversity Higher
86% 10 53 83
65% 59 69 17
74% 17 67 76
60% 28 37 27
54% 29 66 58
88% 10 65 86
76% 7 51 88
84% 2 68 98
87% 7 68 91
93% 25 67 65
77% 16 36 58
67% 18 36 52
57% 23 68 68
52% 19 50 64
48% 25 37 35
65% 5 37 89
67% 5 36 88
79% 5 36 88
76% 11 37 72
75% 6 67 92
89% 2 36 97
86% 4 35 91
80% 4 35 91
74% 3 35 94
19 393
How would you rate
the job the
organization does at
each of the
following?
Recruiting diverse people into positions of organizational leadership Higher
Promoting workplace diversity Higher
Applying policies and procedures equally to all employees Higher Providing equal employment opportunities to employees of all backgrounds Similar
Providing a safe and secure environment for employees of all backgrounds Similar
Clarity of staff roles and responsibilities Similar
Accuracy of performance evaluations Higher
Connection between compensation and performance Higher
Showing employee appreciation Higher
Supporting continual learning and development Higher
Availability of opportunities for employees to develop
knowledge and skills Higher
Opportunities to develop a career path Higher
The overall skill set of staff Similar
The work being done at the City of American Canyon overall Similar Please rate each of
the following aspects
of your WORK
GROUP.
Communication among all staff in my work group Higher
The working relationships in my work group Higher
Collaboration among all staff in my work group Higher
Overall staff morale in my work group Higher
Effectiveness of meetings in my work group Higher
The quality of work being done in my work group Similar Please rate each of
the following aspects
of your
SUPERVISOR'S
performance.
Communicating information in a timely manner Higher
Welcoming employee involvement in decision-making Higher Encouraging an environment where employees feel
comfortable to raise issues and concerns that are importan.. Higher Encouraging employees to come up with innovative
solutions to problems Higher
Encouraging employees to use their own judgment to get
the job done Higher
Promoting a positive working relationship among work
group members
Higher
80% 3 35 94
71% 5 37 89
79% 9 36 77
80% 13 36 66
63% 32 53 41
62% 25 64 63
52% 8 65 89
62% 12 52 78
87% 3 69 97
84% 4 68 95
78% 2 51 98
78% 21 50 60
73% 31 52 42
84% 5 53 92
90% 5 69 94
85% 2 52 98
82% 2 53 98
82% 1 51 100
93% 15 69 80
85% 5 68 94
86% 1 67 100
84% 2 36 97
90% 2 67 98
91% 1 36 100
20 394
Please rate each of
the following aspects
of your
SUPERVISOR'S
performance.
Encouraging employees to use their own judgment to get
the job done Higher
Promoting a positive working relationship among work
group members Higher
Fostering an atmosphere of mutual trust and confidence Higher Treating employees with respect Higher
Valuing employees from diverse backgrounds Higher
Treating all employees fairly Higher
Providing specific, constructive feedback that helps improve employee performance Higher
Communicating expectations of employees Higher
Working together with employees to set goals Higher
Recognizing high-performing employees Higher
Providing recognition for doing good work Higher
Applying discipline fairly and consistently Higher
Managing low-performing employees Higher
Providing opportunities for employees to learn and grow Higher Coaching or mentoring employees Higher
Please rate your
overall level of
confidence in the
leadership of:
Your supervisor Similar
Senior staff/Leadership Higher
Council/elected officials Higher
Please rate the
QUALITY of each of
the following support
services in American
Canyon.
Custodial cleaning services Lower
Maintenance and repair services Similar
Facilities management services overall Similar
Fleet maintenance services overall Similar
Recruitment services Higher
Benefits administration Higher
Training services Higher
Human resources services overall Higher
89% 3 67 97
91% 1 67 100
90% 2 66 98
94% 1 36 100
91% 1 36 100
81% 6 67 92
89% 2 67 98
88% 6 67 92
73% 4 68 95
79% 4 67 95
77% 10 68 87
55% 12 68 84
89% 2 36 97
80% 6 67 92
88% 10 36 75
80% 8 36 80
69% 9 31 74
46% 44 44 4
76% 15 44 68
71% 31 50 44
72% 21 51 62
63% 3 40 95
76% 8 43 84
66% 11 44 77
21 395
Please rate the
QUALITY of each of
the following support
services in American
Canyon.
Training services Higher
Human resources services overall Higher
Radio systems Similar
Telephone systems Similar
Network services Similar
Application services Similar
Desktop / Help Desk services Similar
General information technology (IT) services overall Similar Purchasing services overall Similar
Finance services overall Similar
Risk management services overall Similar
Overall City internal services Similar
Please rate how
welcoming the City
of American Canyon
is for:
People with disabilities Similar
People who identify as lesbian, gay, bisexual, or other non-straight sexual identities Higher
People who identify as transgender Higher
Men Similar
Women Similar
People who are Arabic or Middle Eastern Higher
People who are Asian, Asian Indian or Pacific Islander Higher People who are Black or African American Higher
People who are Hispanic Higher
People who are American Indian or Alaskan Native Higher People who are White Similar
People whose first language is not English Higher
People who are not U.S. citizens Higher
People of Christian faith Similar
70% 15 53 75
62% 23 40 50
67% 31 43 33
68% 21 40 52
73% 13 38 70
71% 27 43 40
78% 23 53 60
64% 22 49 59
64% 39 53 32
65% 15 44 70
68% 27 40 38
85% 4 9 66
93% 1 8 100
92% 1 8 100
100% 1 8 100
94% 2 8 87
98% 1 8 100
98% 1 8 100
98% 1 8 100
98% 1 8 100
98% 1 8 100
96% 4 8 62
92% 1 8 100
93% 1 8 100
22 396
Please rate how
welcoming the City
of American Canyon
is for:
People who are not U.S. citizens Higher
People of Christian faith Similar
People of Islamic faith Higher
People of Jewish faith Higher
People of other faiths Higher
People who are agnostic or atheist Similar
People who are liberal Higher
People who are conservative Higher
People who are veterans or military personnel Higher
People who are older Higher
People who are younger Similar
People who are of lower income Higher
98% 2 8 87
95% 2 8 87
92% 2 8 87
90% 2 8 87
92% 2 8 87
95% 2 8 87
93% 4 8 62
98% 1 8 100
94% 1 8 100
92% 3 8 75
83% 1 8 100
23 397
Please rate each of the
following aspects of quality of
life in American Canyon.
American Canyon as a place to live Excellent
Good
Fair
Poor
American Canyon as a place to work Excellent
Good
Fair
Poor
The overall quality of life in American
Canyon
Excellent
Good
Fair
How likely or unlikely are you to recommend
LIVING in American Canyon to someone
who asks?
Very likely
Somewhat likely
Somewhat unlikely
Very unlikely
Please rate the following
categories of American Canyon
government performance.
The overall direction that American Canyon
is taking
Excellent
Good
Fair
Poor
Generally acting in the best interest of the
community
Excellent
Good
Fair
Poor
Overall confidence in American Canyon
government
Excellent
Good
Fair
Poor
Excellent
2%
N=1
16%
N=9
48%
N=28
34%
N=20
4%
N=3
17%
N=12
48%
N=33
30%
N=21
22%
N=14
56%
N=35
22%
N=14
9%
N=6
6%
N=4
42%
N=28
43%
N=29
13%
N=9
26%
N=18
44%
N=30
16%
N=11
16%
N=11
16%
N=11
42%
N=28
25%
N=17
18%
N=12
19%
N=13
45%
N=30
18%
N=12
Complete Set of Frequencies
This dashboard contains a complete set of responses to each question on the survey. By default, "don't know" responses are excluded, but may be added to the table using the response filter to the right. In some tables, the percentages may not sum to 100%; this is either because the question permitted the respondent to "choose all that apply", or for a question that asked the respondent to select one answer, it is due to the customary practice of rounding values to the nearest whole number. 24 398
Please rate the following
categories of American Canyon
government performance.
Overall confidence in American Canyon
government Poor
The overall quality of the services provided
by the City of American Canyon
Excellent
Good
Fair
Poor
Please rate the extent to which
you agree or disagree with the
following statements about
your job working for the City of
American Canyon.
Overall, I am satisfied with my job Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
I plan on working for this organization a year
from now
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
I see a career path for me at City of
American Canyon
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
I gain satisfaction from my current job
responsibilities
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
I feel positively challenged in my current job Strongly agree Somewhat agree
Somewhat disagree
Strongly disagree
I have the opportunity to do what I do best
every day at work
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
My values match or fit with the values of this
organization
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
4%
N=3
22%
N=15
59%
N=41
14%
N=10
3%
N=2
6%
N=4
43%
N=28
48%
N=31
2%
N=1
5%
N=3
15%
N=9
79%
N=49
11%
N=7
8%
N=5
29%
N=18
52%
N=33
3%
N=2
3%
N=2
38%
N=26
56%
N=38
3%
N=2
7%
N=5
43%
N=29
47%
N=32
4%
N=3
7%
N=5
40%
N=27
49%
N=33
5%
N=3
11%
N=7
33%
N=22
52%
N=34
25 399
Please rate the extent to which
you agree or disagree with the
following statements about
your job working for the City of
American Canyon.
My values match or fit with the values of this
organization
Somewhat disagree
Strongly disagree
I have good friends at work Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
Overall, I feel positive about working for the
City of American Canyon
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
The mission and vision of the City of
American Canyon make me feel my job is
important
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
How likely or unlikely are you to recommend
WORKING FOR the City of American
Canyon to someone who asks?
Very likely
Somewhat likely
Somewhat unlikely
Very unlikely
As an employee of City of
American Canyon, how would
you rate the job the
organization does at each of the
following?
Availability of necessary materials,
resources and equipment to do the job
effectively
Excellent
Good
Fair
Poor
Providing individual and group work spaces
to do the job effectively
Excellent
Good
Fair
Poor
Access to technology that helps employees
do their job effectively
Excellent
Good
Fair
Poor
Compensation (salary, benefits and
incentives/bonuses) compared with similar
opportunities
Excellent
Good
Fair
5%
N=3
11%
N=7
3%
N=2
5%
N=3
41%
N=27
52%
N=34
4%
N=3
6%
N=4
28%
N=19
62%
N=42
6%
N=4
9%
N=6
42%
N=28
43%
N=29
6%
N=4
8%
N=5
26%
N=17
61%
N=40
19%
N=13
16%
N=11
41%
N=28
25%
N=17
10%
N=7
16%
N=11
31%
N=21
43%
N=29
15%
N=10
25%
N=17
31%
N=21
29%
N=20
29%
N=20
36%
N=25
17%
N=12
26 400
As an employee of City of
American Canyon, how would
you rate the job the
organization does at each of the
following?
Compensation (salary, benefits and
incentives/bonuses) compared with similar
opportunities
Good
Fair
Poor
Benefits overall (vacation, sick leave, health
care, retirement plan, etc.)
Excellent
Good
Fair
Poor
Work-life balance Excellent
Good
Fair
Poor
Work schedule flexibility Excellent
Good
Fair
Poor
Maintaining a work environment that is free
of violence or harassment
Excellent
Good
Fair
Poor
Maintaining a work environment that is free
of drug or alcohol abuse
Excellent
Good
Fair
Poor
Protecting employees from health and safety
hazards on the job
Excellent
Good
Fair
Poor
Providing a clear vision for our organization Excellent Good
Fair
Poor
issues facing the City
Excellent
Good
17%
N=12
29%
N=20
36%
N=25
2%
N=1
11%
N=7
51%
N=33
37%
N=24
7%
N=5
16%
N=11
40%
N=27
36%
N=24
3%
N=2
13%
N=9
32%
N=22
51%
N=35
3%
N=2
10%
N=7
24%
N=16
63%
N=42
3%
N=2
4%
N=3
19%
N=13
73%
N=49
3%
N=2
20%
N=13
26%
N=17
51%
N=33
12%
N=8
21%
N=14
33%
N=22
34%
N=23
31%
N=21
25%
N=17
Communicating information that helps
employees understand the problems and
issues facing the City
27 401
As an employee of City of
American Canyon, how would
you rate the job the
organization does at each of the
following?
Communicating information that helps
employees understand the problems and
issues facing the City
Excellent
Good
Fair
Poor
Speed of response to important issues or
change
Excellent
Good
Fair
Poor
Collaboration between departments (e.g.,
transportation, planning, etc.)
Excellent
Good
Fair
Poor
Openness to new ideas and initiatives Excellent
Good
Fair
Poor
Valuing creativity Excellent
Good
Fair
Poor
Making all employees feel welcome Excellent
Good
Fair
Poor
Helping new employees feel connected and
integrated
Excellent
Good
Fair
Poor
Fostering a respectful atmosphere Excellent
Good
Fair
Poor
Excellent
22%
N=15
21%
N=14
31%
N=21
25%
N=17
22%
N=15
26%
N=18
25%
N=17
28%
N=19
29%
N=19
23%
N=15
30%
N=20
18%
N=12
7%
N=5
28%
N=19
38%
N=26
26%
N=18
9%
N=6
24%
N=16
34%
N=23
33%
N=22
6%
N=4
15%
N=10
37%
N=25
43%
N=29
7%
N=5
16%
N=11
43%
N=29
33%
N=22
4%
N=3
21%
N=14
28%
N=19
47%
N=32
28 402
y
you rate the job the
organization does at each of the
following? Fostering a respectful atmosphere Poor
How would you rate the job the
organization does at each of the
following?
Demonstrating respect for employees of
different cultures and belief systems
Excellent
Good
Fair
Poor
Respecting individual cultural beliefs and
values
Excellent
Good
Fair
Poor
Attracting employees from diverse
backgrounds
Excellent
Good
Fair
Poor
Recruiting diverse people into positions of
organizational leadership
Excellent
Good
Fair
Poor
Promoting workplace diversity Excellent
Good
Fair
Poor
Applying policies and procedures equally to
all employees
Excellent
Good
Fair
Poor
Providing equal employment opportunities to
employees of all backgrounds
Excellent
Good
Fair
Poor
Providing a safe and secure environment for
employees of all backgrounds
Excellent
Good
Fair
Poor
3%
N=2
8%
N=5
37%
N=24
52%
N=34
3%
N=2
11%
N=7
38%
N=24
48%
N=31
5%
N=3
16%
N=10
34%
N=22
45%
N=29
5%
N=3
22%
N=14
31%
N=20
43%
N=28
5%
N=3
16%
N=10
39%
N=25
41%
N=26
15%
N=10
14%
N=9
26%
N=17
45%
N=29
8%
N=5
14%
N=9
33%
N=22
45%
N=30
3%
N=2
17%
N=11
33%
N=22
47%
N=31
29 403
How would you rate the job the
organization does at each of the
following?
Providing a safe and secure environment for
employees of all backgrounds
Fair
Poor
Clarity of staff roles and responsibilities Excellent
Good
Fair
Poor
Accuracy of performance evaluations Excellent
Good
Fair
Poor
Connection between compensation and
performance
Excellent
Good
Fair
Poor
Showing employee appreciation Excellent
Good
Fair
Poor
Supporting continual learning and
development
Excellent
Good
Fair
Poor
Availability of opportunities for employees to
develop knowledge and skills
Excellent
Good
Fair
Poor
Opportunities to develop a career path Excellent
Good
Fair
Poor
The overall skill set of staff Excellent
Good
Fair
3%
N=2
17%
N=11
18%
N=12
19%
N=13
37%
N=25
25%
N=17
19%
N=11
19%
N=11
36%
N=21
26%
N=15
22%
N=14
25%
N=16
29%
N=18
24%
N=15
12%
N=8
26%
N=17
33%
N=22
29%
N=19
3%
N=2
10%
N=7
36%
N=24
51%
N=34
3%
N=2
13%
N=9
37%
N=25
46%
N=31
8%
N=5
14%
N=9
40%
N=26
38%
N=25
16%
N=11
43%
N=29
35%
N=24
30 404
How would you rate the job the
organization does at each of the
following?
The overall skill set of staff
Good
Fair
Poor
The work being done at the City of American
Canyon overall
Excellent
Good
Fair
Poor
Please rate each of the
following aspects of your
WORK GROUP.
Communication among all staff in my work
group
Excellent
Good
Fair
Poor
The working relationships in my work group Excellent
Good
Fair
Poor
Collaboration among all staff in my work
group
Excellent
Good
Fair
Poor
Overall staff morale in my work group Excellent
Good
Fair
Poor
Effectiveness of meetings in my work group Excellent
Good
Fair
Poor
The quality of work being done in my work
group
Excellent
Good
Fair
Poor
SUPERVISOR'S performance.
Communicating information in a timely
manner
Excellent
Good
6%
N=4
16%
N=11
43%
N=29
4%
N=3
22%
N=15
46%
N=31
27%
N=18
4%
N=3
12%
N=8
43%
N=29
40%
N=27
1%
N=1
9%
N=6
43%
N=29
47%
N=32
1%
N=1
13%
N=9
38%
N=26
47%
N=32
4%
N=3
13%
N=9
43%
N=29
39%
N=26
1%
N=1
16%
N=11
41%
N=28
41%
N=28
3%
N=2
4%
N=3
44%
N=30
49%
N=33
34%
N=23
51%
N=34
Please rate each of the
following aspects of your
SUPERVISOR'S performance.
31 405
Please rate each of the
following aspects of your
SUPERVISOR'S performance.
Communicating information in a timely
manner
Excellent
Good
Fair
Poor
Welcoming employee involvement in
decision-making
Excellent
Good
Fair
Poor
Encouraging an environment where
employees feel comfortable to raise issues
and concerns that are important to them
Excellent
Good
Fair
Poor
Encouraging employees to come up with
innovative solutions to problems
Excellent
Good
Fair
Poor
Encouraging employees to use their own
judgment to get the job done
Excellent
Good
Fair
Poor
Promoting a positive working relationship
among work group members
Excellent
Good
Fair
Poor
Fostering an atmosphere of mutual trust and
confidence
Excellent
Good
Fair
Poor
Treating employees with respect Excellent
Good
Fair
Poor
Excellent
7%
N=5
7%
N=5
34%
N=23
51%
N=34
3%
N=2
11%
N=7
35%
N=23
52%
N=34
3%
N=2
13%
N=9
28%
N=19
55%
N=37
3%
N=2
7%
N=5
38%
N=26
51%
N=35
1%
N=1
7%
N=5
32%
N=22
59%
N=40
3%
N=2
8%
N=5
35%
N=23
55%
N=36
3%
N=2
6%
N=4
35%
N=23
56%
N=37
1%
N=1
9%
N=6
28%
N=19
62%
N=42
32 406
Please rate each of the
following aspects of your
SUPERVISOR'S performance.
Treating employees with respect Poor
Valuing employees from diverse
backgrounds
Excellent
Good
Fair
Poor
Treating all employees fairly Excellent
Good
Fair
Poor
Providing specific, constructive feedback
that helps improve employee performance
Excellent
Good
Fair
Poor
Communicating expectations of employees Excellent
Good
Fair
Poor
Working together with employees to set
goals
Excellent
Good
Fair
Poor
Recognizing high-performing employees Excellent
Good
Fair
Poor
Providing recognition for doing good work Excellent
Good
Fair
Poor
Applying discipline fairly and consistently Excellent
Good
Fair
Poor
2%
N=1
5%
N=3
30%
N=19
64%
N=41
2%
N=1
8%
N=5
35%
N=23
56%
N=37
4%
N=3
15%
N=10
39%
N=26
42%
N=28
5%
N=3
6%
N=4
43%
N=28
46%
N=30
8%
N=5
5%
N=3
48%
N=31
39%
N=25
8%
N=5
19%
N=12
36%
N=23
38%
N=24
8%
N=5
13%
N=8
39%
N=24
40%
N=25
11%
N=6
12%
N=7
44%
N=25
33%
N=19
33 407
Please rate each of the
following aspects of your
SUPERVISOR'S performance.
Applying discipline fairly and consistently
Fair
Poor
Managing low-performing employees Excellent
Good
Fair
Poor
Providing opportunities for employees to
learn and grow
Excellent
Good
Fair
Poor
Coaching or mentoring employees Excellent
Good
Fair
Poor
Please rate your overall level of
confidence in the leadership of:
Your supervisor Very confident
Moderately confident
Slightly confident
Not confident
Senior staff/Leadership Very confident
Moderately confident
Slightly confident
Not confident
Council/elected officials Very confident
Moderately confident
Slightly confident
Not confident
Please rate the QUALITY of
each of the following support
services in American Canyon.
Custodial cleaning services Excellent
Good
Fair
Poor
Maintenance and repair services Excellent
Good
Fair
11%
N=6
12%
N=7
10%
N=6
34%
N=20
34%
N=20
21%
N=12
2%
N=1
9%
N=6
39%
N=26
50%
N=33
8%
N=5
12%
N=8
40%
N=26
40%
N=26
4%
N=3
7%
N=5
26%
N=18
62%
N=42
8%
N=5
12%
N=8
30%
N=20
50%
N=33
17%
N=10
14%
N=8
47%
N=28
22%
N=13
31%
N=20
23%
N=15
37%
N=24
9%
N=6
18%
N=12
40%
N=27
37%
N=25
34 408
Please rate the QUALITY of
each of the following support
services in American Canyon.
Maintenance and repair services
Good
Fair
Poor
Facilities management services overall Excellent
Good
Fair
Poor
Fleet maintenance services overall Excellent
Good
Fair
Poor
Recruitment services Excellent
Good
Fair
Poor
Benefits administration Excellent
Good
Fair
Poor
Training services Excellent
Good
Fair
Poor
Human resources services overall Excellent
Good
Fair
Poor
Radio systems Excellent
Good
Fair
Poor
Telephone systems Excellent
Good
6%
N=4
18%
N=12
40%
N=27
11%
N=7
18%
N=11
42%
N=26
29%
N=18
10%
N=6
18%
N=11
38%
N=23
34%
N=21
10%
N=6
27%
N=17
26%
N=16
37%
N=23
8%
N=5
15%
N=9
42%
N=25
34%
N=20
7%
N=4
28%
N=17
36%
N=22
30%
N=18
9%
N=6
20%
N=13
31%
N=20
39%
N=25
15%
N=5
24%
N=8
50%
N=17
12%
N=4
39%
N=25
28%
N=18
35 409
Please rate the QUALITY of
each of the following support
services in American Canyon.
Telephone systems
Excellent
Good
Fair
Poor
Network services Excellent
Good
Fair
Poor
Application services Excellent
Good
Fair
Poor
Desktop / Help Desk services Excellent
Good
Fair
Poor
General information technology (IT) services
overall
Excellent
Good
Fair
Poor
Purchasing services overall Excellent
Good
Fair
Poor
Finance services overall Excellent
Good
Fair
Poor
Risk management services overall Excellent
Good
Fair
Poor
Excellent
14%
N=9
19%
N=12
39%
N=25
28%
N=18
11%
N=7
21%
N=13
38%
N=24
30%
N=19
7%
N=4
20%
N=11
44%
N=24
29%
N=16
3%
N=2
26%
N=17
42%
N=27
29%
N=19
5%
N=3
17%
N=11
44%
N=28
33%
N=21
9%
N=5
28%
N=16
41%
N=24
22%
N=13
12%
N=7
24%
N=14
36%
N=21
29%
N=17
6%
N=3
29%
N=14
39%
N=19
27%
N=13
36 410
Please rate the QUALITY of
each of the following support
services in American Canyon.
Risk management services overall Poor
Overall City internal services Excellent
Good
Fair
Poor
Please rate how welcoming the
City of American Canyon is for:
People with disabilities Very welcoming
Welcoming
Somewhat welcoming
Not welcoming
People who identify as lesbian, gay,
bisexual, or other non-straight sexual
identities
Very welcoming
Welcoming
Somewhat welcoming
People who identify as transgender Very welcoming
Welcoming
Somewhat welcoming
Not welcoming
Men Very welcoming
Welcoming
Women Very welcoming
Welcoming
Somewhat welcoming
People who are Arabic or Middle Eastern Very welcoming
Welcoming
Somewhat welcoming
People who are Asian, Asian Indian or
Pacific Islander
Very welcoming
Welcoming
Somewhat welcoming
People who are Black or African American Very welcoming Welcoming
Somewhat welcoming
People who are Hispanic Very welcoming
Welcoming
Somewhat welcoming
7%
N=4
25%
N=15
46%
N=27
22%
N=13
6%
N=3
9%
N=4
43%
N=20
43%
N=20
7%
N=3
41%
N=17
51%
N=21
3%
N=1
6%
N=2
42%
N=15
50%
N=18
46%
N=26
54%
N=30
6%
N=3
44%
N=24
50%
N=27
2%
N=1
40%
N=18
58%
N=26
2%
N=1
38%
N=19
60%
N=30
2%
N=1
47%
N=23
51%
N=25
2%
N=1
42%
N=22
56%
N=29
37 411
Please rate how welcoming the
City of American Canyon is for:
People who are Hispanic
Welcoming
Somewhat welcoming
People who are American Indian or Alaskan
Native
Very welcoming
Welcoming
Somewhat welcoming
People who are White Very welcoming
Welcoming
Somewhat welcoming
Not welcoming
People whose first language is not English Very welcoming Welcoming
Somewhat welcoming
Not welcoming
People who are not U.S. citizens Very welcoming
Welcoming
Somewhat welcoming
People of Christian faith Very welcoming
Welcoming
Not welcoming
People of Islamic faith Very welcoming
Welcoming
Somewhat welcoming
Not welcoming
People of Jewish faith Very welcoming
Welcoming
Somewhat welcoming
Not welcoming
People of other faiths Very welcoming
Welcoming
Somewhat welcoming
Not welcoming
People who are agnostic or atheist Very welcoming
Welcoming
2%
N=1
42%
N=22
2%
N=1
40%
N=17
57%
N=24
2%
N=1
2%
N=1
45%
N=25
52%
N=29
2%
N=1
6%
N=3
43%
N=21
49%
N=24
7%
N=3
44%
N=18
49%
N=20
2%
N=1
44%
N=19
53%
N=23
3%
N=1
3%
N=1
42%
N=16
53%
N=20
3%
N=1
5%
N=2
37%
N=14
55%
N=21
3%
N=1
8%
N=3
38%
N=15
51%
N=20
42%
N=15
50%
N=18
38 412
Please rate how welcoming the
City of American Canyon is for:
People who are agnostic or atheist
Very welcoming
Welcoming
Somewhat welcoming
Not welcoming
People who are liberal Very welcoming
Welcoming
Somewhat welcoming
People who are conservative Very welcoming
Welcoming
Somewhat welcoming
Not welcoming
People who are veterans or military
personnel
Very welcoming
Welcoming
Somewhat welcoming
People who are older Very welcoming
Welcoming
Somewhat welcoming
People who are younger Very welcoming
Welcoming
Somewhat welcoming
Not welcoming
People who are of lower income Very welcoming
Welcoming
Somewhat welcoming
Not welcoming
Please rate the extent to which
you agree or disagree with the
following statements about
your job working for the City of
American Canyon.
It would take a lot to get me to leave the City
of American Canyon
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
Given the opportunity, I tell others great
things about working here
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
6%
N=2
3%
N=1
42%
N=15
50%
N=18
5%
N=2
49%
N=20
46%
N=19
3%
N=1
5%
N=2
50%
N=20
43%
N=17
2%
N=1
33%
N=16
65%
N=31
6%
N=3
40%
N=21
54%
N=28
2%
N=1
6%
N=3
47%
N=25
45%
N=24
4%
N=2
13%
N=6
43%
N=20
39%
N=18
11%
N=7
13%
N=8
31%
N=19
45%
N=28
6%
N=4
13%
N=9
31%
N=21
49%
N=33
39 413
Please rate the extent to which
you agree or disagree with the
following statements about
your job working for the City of
American Canyon.
Given the opportunity, I tell others great
things about working here
Somewhat disagree
Strongly disagree
I am inspired to do my best work at the City
of American Canyon
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
The City of American Canyon motivates me
to contribute more than is normally required
to complete my work
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
I rarely think about leaving the City of
American Canyon to work somewhere else
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
I am comfortable seeking feedback and
raising issues with my manager
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
In my team, employees take ownership and
accountability for their deliverables
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
The City of American Canyon provides a
culture of open and honest communication
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
My manager and I have established a clear
path for my development
Strongly agree
Somewhat agree
Somewhat disagree
Strongly disagree
In which City agency or department do you
work? (Please choose one.)
Administration (City Mana..
Community Development
Finance
6%
N=4
13%
N=9
4%
N=3
3%
N=2
36%
N=24
57%
N=38
7%
N=5
18%
N=12
31%
N=21
43%
N=29
15%
N=10
11%
N=7
37%
N=24
37%
N=24
3%
N=2
5%
N=3
30%
N=20
62%
N=41
5%
N=3
8%
N=5
34%
N=22
53%
N=34
6%
N=4
19%
N=13
37%
N=25
37%
N=25
8%
N=5
11%
N=7
29%
N=19
53%
N=35
10%
N=7
7%
N=5
9%
N=6
40 414
In which City agency or department do you
work? (Please choose one.)
Community Development
Finance
Maintenance & Utilities
Parks and Recreation
Public Works
What is your management status? Manager
Non-manager
What is your exemption status? Exempt (not eligible for ov..
Non-Exempt (eligible for o..
Are you employed full time or part time? Full time
Part time
Do you live in American Canyon? Yes
No
Are you of Hispanic, Latino/a/x, or Spanish
origin?
No, not of Hispanic, Latin..
Yes, I consider myself to ..
What is your race? (Mark one or more races
to indicate what race you consider yourself
to be.)
Asian
Black or African American
White
A race not listed
What is your gender? Woman
Man
Identify in another way
If you identify in another way, how would you
describe your gender?
Agender/I don't identify wi..
Two-spirit
Identify in another way
What is your age range? 20 years or younger
21 to 30 years
31 to 40 years
41 to 50 years
51 to 60 years
61 years or older
How many years have you worked for the
City of American Canyon? 0 to 5 years
6 to 10 years
22%
N=15
22%
N=15
30%
N=21
10%
N=7
7%
N=5
78%
N=49
22%
N=14
61%
N=34
39%
N=22
12%
N=8
88%
N=60
51%
N=34
49%
N=33
25%
N=17
75%
N=50
19%
N=12
64%
N=41
8%
N=5
14%
N=9
5%
N=3
58%
N=38
37%
N=24
33%
N=1
33%
N=1
33%
N=1
8%
N=5
14%
N=9
38%
N=25
17%
N=11
12%
N=8
11%
N=7
14%
N=9
57%
N=37
41 415
How many years have you worked for the
City of American Canyon?
0 to 5 years
6 to 10 years
11 to 15 years
16 to 20 years
More than 20 years 3%
N=2
9%
N=6
17%
N=11
14%
N=9
57%
N=37
42 416
The National Employee Survey
™ • © 2001-2023 National Research Center, Inc.
The City of American Canyon 2023 Employee Survey