Hollister City Council
December 3, 2024

HOLLISTER 2040 GENERAL PLAN, CLIMATE ACTION PLAN, AND

AGRICULTURAL LANDS PRESERVATION PROGRAM REVISED DRAFT EIR

CITY OF HOLLISTER

AIR QUALITY

4.3-36 JUL Y 2024
TABLE 4.3-8 COMPARISON OF POPULATION AND EMPLOYMENT FORECAST Scenario Existing a
Proposed 2040
General Plan Change from Existing Percent Change
Population 40,370 71,945 31,575 78%
Employment 14,458 25,630 11,172 77%
Service Population (SP) b 54,828 97,575 42,747 78%
VMT per Day c 609,617 899,235 289,618 48%
VMT/SP 11.12 9.22 -1.90 -17%
Notes: Numbers may not add up due to rounding. EIR Study Area = City Limits + Proposed Sphere of Influence. a. 2019 demographic numbers are from US Census, the Department of Finance, and the Association of Monterey Bay Area Governments (AMBAG). b. Service population (SP) consists of the aggregate of total employees and population within the EIR Study Area. c. VMT derived from Kimley-Horn, 2024.

Source: City of Hollister, 2022; Kimley-Horn and Associates, 2024; PlaceWorks, 2024. (See Appendix B, Revised Air Quality and Greenhouse Gas Emissions Data, of this Revised Draft EIR)
As discussed in Chapter 4.14, Population and Housing, the expected buildout under the proposed 2040 General Plan would exceed the regional growth projections for 2040 for population, housing, and jobs.

Therefore, growth accommodated by the proposed 2040 General Plan has the potential to generate emissions that could exceed the emissions forecasts in MBARD’s AQMP.

MBARD has prepared several plans to attain the California AAQS. Emission reductions achieved through implementation of MBARD’s New Source Review Offset requirements are a major component of MBARD’s air quality plans. The established thresholds of significance for criteria pollutant emissions are based on MBARD offset requirements for stationary sources, AAQS, and conformity with SIP. Therefore, projects with emissions below the thresholds of significance for criteria pollutants would be determined to not have a significant impact on local or regional air quality. As identified under Impact Discussion AIR-2, implementation of the proposed project would generate a substantial increase in operational (long-term) criteria air pollutants that would exceed the MBARD’s significance thresholds for VOC, NOX, and CO.

A wide variety of control measures are included in the regional air quality plans, such as reducing or offsetting emissions from construction and operations associated with land use developments. Potential future development projects that would occur in t he buildout horizon of the proposed 2040 General Plan would be required to adhere to the MBARD control measures, as outlined in the air quality plans and implemented through MBARD rules and regulations.

Summary
Potential future buildout would result in a substantial increase in operational (long-term) criteria pollutant emissions compared to existing conditions that would exceed the MBARD’s significance criteria (see Impact Discussion AIR-2). As a result, implementation of the proposed project has the potential to exceed the emissions forecasts of the MBARD’s AQMPs and result in significant impacts.

Impact AIR-1: Implementation of the proposed project would result in the generation of substantial operational (long-term) criteria air pollutant emissions that would exceed Monterey Bay Air Resources District’s (MBARD’s ) regional significance threshold for Volatile Organic Compounds (VOC), nitrogen oxides

HOLLISTER 2040 GENERAL PLAN, CLIMATE ACTION PLAN, AND

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(NOX), and carbon monoxide (CO) and would; therefore, not be considered consistent with the existing Air Quality Management Plan (AQMP).

Significance with Mitigation: Significant and unavoidable. The various goals, policies, and actions of the proposed 2040 General Plan identified under Impact Discussions AIR-1 and AIR-2, in addition to applicable MBARD rules and regulations, would reduce operational (long-term) criteria air pollutant emissions to the extent feasible. Specifically, proposed *Policy NRC-3.6, Technical Assessments, would mitigate impacts by requiring project applicants to prepare technical assessments evaluating potential project construction and operation phase-related air quality impacts and submit to the City of Hollister for review and approval. Pursuant to proposed *Policy NRC-3.6, the evaluations must be prepared in conformance with MBARD criteria and methodology in assessing air quality impacts.

Where the technical assessment finds that air pollutants have the potential to exceed the MBARD- adopted thresholds of significance, the technical assessment shall identify project-specific mitigation measures to reduce air pollutant emissions during construction or operational activities. Examples of types of project-specific mitigation measures that are available to future projects in Hollister are listed in Impact Discussion AIR-2. However, because of the magnitude and intensity of development accommodated by the proposed 2040 General Plan, as well as regional air quality influences beyond the control of Hollister, impacts associated with consistency with the MBARD would remain significant and unavoidable. No additional feasible mitigation measures or mitigating policies at the program level would ensure consistency of the proposed project with the MBARD’s AQMP. The identification of this program-level impact does not preclude the finding of less-than-significant impacts for subsequent individual projects that meet applicable project-level thresholds of significance.

Climate Action Plan
The proposed Climate Action Plan (CAP) is strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. The proposed CAP includes Strategy 10, which directs the City to decrease community-wide vehicle miles traveled and associated transportation related emissions through implementing certain actions. The proposed Strategy 10 Actions would encourage use of alternative modes of transportation and overall reduce trips and associated VMT. Thus, implementation of the proposed CAP would result in beneficial impacts to air quality. Because the proposed CAP does not involve any land uses changes that would result in indirect growth or change in building density and intensity, implementation of the proposed project would not conflict with or obstruct implementation of the MBARD air quality plans and impacts would be less than significant.

Significance without Mitigation: Less than significant.

Agricultural Lands Preservation Program
The proposed Agricultural Lands Preservation Program (ALPP) is a program focused on mitigating the effects of agricultural land conversion to non-agricultural uses through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALLP does not involve any land use changes that would affect air

HOLLISTER 2040 GENERAL PLAN, CLIMATE ACTION PLAN, AND

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quality, implementation of the proposed project would not conflict with or obstruct implementation of the MBARD air quality plans and impacts would be less than significant.

Significance without Mitigation: Less than significant.

AIR-2 Implementation of the proposed project would result in a cumulatively considerable net increase of a criteria pollutant for which the project region is in nonattainment under applicable federal or State ambient air quality standard.
2040 General Plan
The proposed 2040 General Plan guides growth within the EIR Study Area by designating land uses in the proposed land use map and through implementation of its goals, policies, and actions. New development would increase air pollutant emissions in the EIR Study Area and contribute to the overall emissions inventory in the NCCAB. A discussion of health effects associated with air pollutant emissions generated by operational activities is included in Section 4.3.1.2, Air Pollutants of Concern.

Operation (Long-Term Emissions)
Operational (long-term) activities associated with potential future development that could occur over the buildout horizon of the proposed 2040 General Plan could generate a substantial increase in long-term criteria air pollutant emissions from existing conditions that would exceed MBARD’s regional significance thresholds and cumulatively contribute to the nonattainment designations of the NCCAB.

Implementation of the proposed project would result in direct and indirect criteria air pollutant emissions from transportation, energy (e.g., natural gas use), and area sources (e.g., aerosols and landscaping equipment). Mobile-source criteria air pollutant emissions are based on the traffic analysis conducted by Kimley-Horn (see Appendix F, Revised Transportation Data, of this Revised Draft EIR). The emissions forecast for the EIR Study Area from implementation of the proposed project compared to existing conditions (with 2040 emissions rates) is shown in Table 4.3-9, EIR Study Area Criteria Air Pollutant Emissions Forecast. As shown in Table 4.3-9, implementation of the proposed project would result in an increase in criteria air pollutant emissions from existing conditions. This increase is based on the difference between existing land uses and land uses associated with development that could occur over the buildout horizon of the proposed 2040 General Plan, as well as an estimate of population and employment in the EIR Study Area in the 2040 horizon year.

HOLLISTER 2040 GENERAL PLAN, CLIMATE ACTION PLAN, AND

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TABLE 4.3-9 EIR STUDY AREA CRITERIA AIR POLLUTANT EMISSIONS FORECAST Year
Criteria Air Pollutants (lbs/day)
VOC NOX CO SO2 PM10 PM2.5
Existing Land Uses – Year 2040
Transportation 11 273 590 5 50 19
Energy 9 175 97 2 13 13
Offroad Equipment 147 380 2,812 1 18 16
Consumer Products 469 ― ― ― ― ―
Existing Land Uses Total 636 828 3,499 7 81 49
Proposed Land Use Plan – Year 2040
Transportation 16 414 893 7 75 30
Energy 13 239 133 3 18 18
Offroad Equipment 244 422 4,840 1 20 18
Consumer Products 1,038 ― ― ― ― ―
Proposed Land Uses Total 1,311 1,076 5,866 11 113 65
Change in Emissions (from 2040 No Project Baseline)
Transportation 5 140 303 2 26 10
Energy 3 64 36 1 5 5
Offroad Equipment 97 43 2,028 <1 2 1
Consumer Products 569 ― ― ― ― ―
Net Change from Existing 675 247 2,367 3 32 16
MBARD Threshold 137 137 550 150 82 55
Exceeds MBARD Threshold? Yes Yes Yes No No No
Note: Numbers may not add up due to rounding.

Source: See Appendix B, Revised Air Quality and Greenhouse Gas Emissions Data, of this Revised Draft EIR.

As shown in the Table 4.3 -9, potential future development that could occur over the buildout horizon of the proposed 2040 General Plan would generate operational (long-term) air pollutant emissions that exceed MBARD’s regional significance thresholds for VOC, NOX, and CO in 2040. Emissions of VOC and NOX that exceed the MBARD regional threshold would cumulatively contribute to the O3 nonattainment designation of the NCCAB. Emissions of CO that exceed MBARD’s regional significance thresholds would cumulatively contribute to the O3 and particulate matter (PM10 and PM2.5) nonattainment designations of the NCCAB.

While growth within the EIR Study Area would cumulatively contribute to operational (long-term ) regional criteria air pollutant emissions impacts, the proposed Circulation (C) and Natural Resources and Conservation (NRC) Elements of the 2040 General Plan contain goals, policies, and actions that require local planning and development decisions to consider impacts from emissions and to reduce those emissions. The following proposed 2040 General Plan goals, policies, and actions would minimize potential adverse impacts related to operational phase (long-term) regional criteria air pollutant emissions:

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Goal C-3: Build and maintain a safe, connected, and equitable pedestrian, bicycle, and micromobility network that provides access to community destinations such as employment centers, transit, schools, shopping, and recreation. (new)
 Policy C-3.1: Pedestrian and Bicycle Network. Create and maintain a pedestrian- and bike-friendly environment in Hollister and increase the number of people who choose to walk and bike. (new)  Policy C-3.3: Pedestrian Right-of-Way Improvements. Require new developments to construct or contribute to improvements that enhance the pedestrian experience, including human-scale lighting, streetscaping, crosswalk striping, crossing lights, wayfinding signage, and accessible sidewalks adjacent to the site. (new)
 Policy C-3.5: Bicycle Improvements. Require new developments to construct or contribute to improvements that enhance the cyclist experience, including bike lanes and bicycle parking. (new)  Policy C-3.6: Bicycle Facilities. Cooperatively work with Council of San Benito County Governments, Caltrans, and San Benito County to develop, implement, and maintain bicycle facilities providing direct access to major public facilities, schools, and employment centers, as described in the San Benito County Bikeway and Pedestrian Master Plan. (Policy C2.1)  Action C-3.1: Pedestrian Master Plan . Prepare and adopt a Pedestrian Master Plan that identifies citywide pedestrian network improvements. (new)
 Action C-3.3: Bicycle Master Plan. Prepare and adopt a Bicycle Master Plan that identifies citywide bicycle network improvements. (new)
 Action C-3.5: Pedestrian and Bicycle Trails and Routes Awareness. Increase awareness of existing pedestrian and bicycle trails and routes by working with outside agencies and developers to promote these amenities to residents. Collaborate with the County on development of the trail network. (new) Goal C-4: Implement a uniform set of standards for Hollister’s transportation system, including standard rights-of-way and typical sections. These standards may be amended as necessary in response to changes in technology and industry design standards. (Goal C-4)  *Policy C-4.6: Transportation Demand Management Requirements. Require new or existing developments that meet specific size, capacity, and/or context conditions to implement Transportation Demand Management strategies and other single-occupancy vehicle reduction methodologies. Require new developments to comply with tiered trip reduction and VMT reduction targets and monitoring that are consistent with the targets of the City’s VMT CEQA thresholds prior to project approval. (new)
Goal NRC-3: Protect clean air resources. (Goal NRC2)
 Policy NRC-3.1. State and Federal Standards for Air Quality. Continue to comply with and strive to exceed state and federal standards for air quality. (Policy NRC2.1)  Policy NRC-3.4: Air Quality Planning and Coordination. Integrate air quality considerations with the land use and transportation processes by mitigating air quality impacts through land use design measures, such as encouraging project design that will foster walking and biking. (Policy NRC2.3)  Policy NRC-3.5: Circulation Projects to Reduce Impacts on Air Quality. Promote circulation projects that reduce air pollution. (Policy NRC2.5)

HOLLISTER 2040 GENERAL PLAN, CLIMATE ACTION PLAN, AND

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 *Policy NRC-3.6: Technical Assessments. Require project applicants to prepare technical assessments evaluating potential project construction and operation phase-related air quality impacts to the City of Hollister for review and approval prior to project approval. Such evaluations shall be prepared in conformance with Monterey Bay Air Resources District (MBARD) criteria and methodology in assessing air quality impacts. If air pollutants are found to have the potential to exceed the MBARD- adopted thresholds of significance, ensure mitigation measures, such as those listed in the General Plan Environmental Impact Report, are incorporated to reduce air pollutant emissions during construction or operational activities. (new)
 Policy NRC-3.7: Air Quality Standards in Development Review. Require developers to implement strategies for air quality improvement through the development review process. Ensure that any proposed new sources of particulate matter use latest control technology (such as enclosures, paving unpaved areas, parking lot sweeping, and landscaping) and provide adequate buffer setbacks to protect existing or future sensitive receptors. (Implementation Measures NRC.H)  Policy NRC-3.8: Commercial and Industrial Projects Exceeding 10,000 Square Feet. Require new or expanded commercial and industrial projects exceeding 10,000 square feet of gross floor area, such as big-box stores, warehouses, distribution centers, and similar uses, to be zero-emissions operations, including the facilities themselves and the associated fleets. Require all necessary measures, such as the following, to achieve zero emissions:
 Provide adequate on-site parking for all anticipated truck traffic to prevent idling and off-site queuing.
 Provide electrified loading docks with receptacles allowing plug-in of refrigerated and other types of trailers that otherwise would receive power from the tractor unit.  Utilize heavy-duty trucks that are model year 2014 or later.  Utilize zero-emission or “clean fleet” for delivery vehicles.  Utilize zero-emission forklifts, pallet trucks and jacks, stackers, and other yard equipment.  Implement practices to control road dust, tire wear, brake dust, and other contaminants in paved areas. (new)
 Policy NRC-3.10: Idling of Diesel Engines. Prohibit idling of diesel engines citywide. Prohibit non-diesel truck, construction vehicle, and transit vehicle idling within 100 feet of sensitive receptors, such as homes, schools, playgrounds, sports fields, childcare centers, senior centers, and long-term health care facilities. (new)
 Policy NRC-3.11: Particulate Matter Pollution Reduction. Promote the reduction of particulate matter pollution from roads, parking lots, construction sites, agricultural lands, and other activities. This would include: (1) requiring the watering of exposed earth surfaces during excavation, grading, and construction activities; (2) requiring daily (or as needed based on actual circumstances) cleanup of mud and dust carried onto street surfaces by construction vehicles; and (3) requiring that appropriate measures be taken to reduce wind erosion during construction, such as watering of soil, replanting, and repaving. (Policy NRC2.4)
 Policy NRC-3.12: Air Quality Planning and Coordination. Cooperate with the Monterey Bay Air Resources District and other agencies in their efforts to ensure compliance with existing air quality regulations. (Implementation Measure NRC.L)

HOLLISTER 2040 GENERAL PLAN, CLIMATE ACTION PLAN, AND

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 Action NRC-3.1: Idling Ordinance. Adopt an ordinance that matches or is more stringent than the State’s maximum idling law, and coordinate with California Air Resources Board, Monterey Bay Air Resources District, and law enforcement to achieve compliance. (new) While MBARD rules and proposed 2040 General Plan goals, policies, and actions may reduce operation- related (long-term) regional air quality impacts of individual projects that could occur over the buildout horizon of the proposed 2040 General Plan to a less-than-significant level, due to the magnitude of development allowed, the projected cumulative emissions associated with future development projects would exceed the threshold. Therefore, implementation of the proposed project would significantly contribute to the nonattainment designations of the NCCAB, resulting in a significant impact.

Impact AIR-2a: Operation of development projects that could occur from implementation of the project would generate emissions that would exceed Monterey Bay Air Resources District ’s (MBARD’s) regional significance thresholds for Volatile Organic Compounds (VOC), nitrogen oxides (NOX), and carbon monoxide (CO).

Significance with Mitigation : Significant and unavoidable. Long-term emissions for VOC that could occur over the buildout horizon of the proposed 2040 General Plan would exceed MBARD’s regional significance thresholds and cumulatively contribute to the nonattainment designation of the North Central Coast Air Basin (NCCAB). The goals, policies, and actions of the proposed 2040 General Plan, and implementation of MBARD Rule 207, Review of New or Modified Sources, would reduce air pollutant emissions to the extent feasible. Specifically, proposed *Policy NRC-3.6, Technical Assessments, would mitigate impacts by requiring project applicants to prepare technical assessments evaluating potential project construction and operation phase-related air quality impacts to the City of Hollister for review and approval. Pursuant to proposed *Policy NRC-3.6, the evaluations must be prepared in conformance with MBARD criteria and methodology in assessing air quality impacts.

Where the technical assessment finds that air pollutants have the potential to exceed the MBARD- adopted thresholds of significance, the technical assessment shall identify project-specific mitigation measures to reduce air pollutant emissions during construction or operational activities. Possible mitigation measures for potential future project-specific developments to reduce operational (long- term) emissions can include, but are not limited to the following:
 Provide preferential carpool/vanpool parking spaces
 Implement a parking surcharge for single occupant vehicles  Provide for shuttle/mini-bus service
 Provide bicycle storage/parking facilities and bicycle paths within major subdivisions that link to an external network
 Provide shower/locker facilities
 Provide onsite child care centers
 Provide transit design features within the development  Develop park-and-ride lots
 Off-site mitigation
 Employ a transportation/rideshare coordinator
 Implement a rideshare program
 Provide incentives to employees to rideshare or take public transportation

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 Implement flexible work schedules that do not reduce transit ridership  Implement compressed work schedules
 Implement telecommuting program
 Provide pedestrian facilities within major subdivisions The measures and policies covering topics such as expansion of the pedestrian and bicycle networks, promotion of public and active transit, and support to increase building energy efficiency and energy conservation would also reduce criteria air pollutants within the city. However, operational (long- term) emissions would remain significant and unavoidable due to the increase in VOCs from residential development and increase in NOX and CO from mobile sources associated with the project.

This EIR quantifies the increase in criteria air pollutants emissions in the city. However, at a programmatic level analysis, it is not feasible to quantify the increase in toxic air contaminants (TACs ) from stationary sources associated with the proposed project or meaningfully correlate how regional criteria air pollutant emissions above the MBARD’s significance thresholds correlate with basin wide health impacts.

To determine cancer and noncancer health risk, the location, velocity of emissions, meteorology and topography of the area, and locations of receptors are equally important as model parameters as the quantity of TAC emissions. The white paper prepared by the Association of Environmental Professionals’ Climate Change Committee, We Can Model Regional Emissions, But Are the Results Meaningful for CEQA, describes several of the challenges of quantifying local effects—particularly health risks—for large-scale, regional projects, and these are applicable to both criteria air pollutants and TACs.

Similarly, the two amicus briefs filed by the air districts on the Friant Ranch case describe two positions regarding CEQA requirements, modeling feasibility, variables, and reliability of results for determining specific health risks associated with criteria air pollutants. The discussions also include the distinction between criteria air pollutant emissions and TACs with respect to health risks.

Additionally, the MBARD’s CEQA Air Quality Guidelines demonstrate the infeasibility based on the current guidance/methodologies. The following summarizes major points about the infeasibility of assessing health risks of criteria air pollutant emissions and TACs associated with implementation of a general plan. The white paper and amicus briefs are provided in Appendix B, Revised Air Quality and Greenhouse Gas Emissions Data, of this Revised Draft EIR.

To achieve and maintain air quality standards, the MBARD has established numerical emission indicators of significance for regional and localized air quality impacts for both construction and operational phases of a local plan or project. MBARD has established criteria for Negative Declarations, Mitigated Negative Declarations, and EIRs which can be used by lead agencies as a checklist to determine a project’s significance on air quality.34 The numerical emission indicators are based on the recognition that the NCCAB is a distinct geographic area with a critical air pollution

34 The criteria for Negative Declarations are equivalent to those for a NEPA Finding of No Significant Impact (FONSI) while the criteria for an EIR are equivalent to those for a NEPA Environmental Impact Statement (EIS).

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problem for which ambient air quality standards have been promulgated to protect public health. The thresholds represent the maximum emissions from a plan or project that are expected not to cause or contribute to an exceedance of the most stringent applicable national or state ambient air quality standard. By analyzing the plan’s emissions against the thresholds, an EIR assesses whether these emissions directly contribute to any regional or local exceedances of the applicable ambient air quality standards and exposure levels.

MBARD currently does not have methodologies that would provide the city with a consistent, reliable, and meaningful analysis to correlate specific health impacts that may result from a proposed project’s mass emissions. For criteria air pollutants, exceedance of the regional significance thresholds cannot be used to correlate a project to quantifiable health impacts unless emissions are sufficiently high to use a regional model. MBARD has not provided methodology to assess the specific correlation between mass emissions generated and their effect on health (note Appendix B, Revised Air Quality and Greenhouse Gas Emissions Data, of this Revised Draft EIR provides the San Joaquin Valley Air Pollution Control District’s amicus brief and South Coast Air Quality Management District’s amicus brief).

Ozone concentrations depend on a variety of complex factors, including the presence of sunlight and precursor pollutants, natural topography, nearby structures that cause building downwash, atmospheric stability, and wind patterns. Secondary formation of particulate matter (PM) and ozone can occur far from sources as a result of regional transport due to wind and topography (e.g., low- level jet stream). Photochemical modeling depends on all emission sources in the entire domain (i.e., modeling grid). Low resolution and spatial averaging produce “noise” and modeling errors that usually exceed individual source contributions. Because of the complexities of predicting ground-level ozone concentrations in relation to the National Ambient Air Quality Standards (AAQS) and California AAQS, it is not possible to link health risks to the magnitude of emissions exceeding the significance thresholds.

Current models used in CEQA air quality analyses are designed to estimate potential project construction and operation emissions for defined projects. The estimated emissions are compared to significance thresholds, which are keyed to reducing emissions to levels that will not interfere with the region’s ability to attain the health-based standards. This serves to protect public health in the overall region, but there is currently no CEQA methodology to determine the impact of emissions (e.g., pounds per day) on future concentration levels (e.g., parts per million or micrograms per cubic meter) in specific geographic areas. CEQA thresholds, therefore, are not specifically tied to potential health outcomes in the region.

Further, as shown in Table 4.3-10, Net Change in Regional Criteria Air Pollutant Emissions from Existing Baseline, compared to existing baseline year conditions, emissions of NOX are projected to decrease from current levels and be below MBARD’s regional significance threshold despite growth associated with the proposed 2040 General Plan. Meaning, that the finding that the project would cumulatively contribute to health effects is conservative in light of reductions in emissions as a result of improvements in technology. However, because cumulative development within the city would exceed the regional significance thresholds compared to the no project conditions, this EIR identifies

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that the proposed project could contribute to an increase in health effects in the NCCAB until the attainment standards are met.

TABLE 4.3-10 NET CHANGE IN REGIONAL CRITERIA AIR POLLUTANT EMISSIONS FROM EXISTING BASELINE Year
Criteria Air Pollutants (lbs/day )
VOC NOX CO SO2 PM10 PM2.5
Existing Land Uses – Existing Baseline
Transportation 84 1,152 1,802 7 73 38
Energy 9 175 97 2 13 13
Offroad Equipment 147 380 2,812 1 18 16
Consumer Products 469 ― ― ― ― ―
Existing Land Uses Total 709 1,707 4,711 10 104 68
Proposed Land Use Plan – Year 2040
Transportation 16 414 893 7 75 30
Energy 13 239 133 3 18 18
Offroad Equipment 244 422 4,840 1 20 18
Consumer Products 1,038 ― ― ― ― ―
Proposed Land Uses Total 1,311 1,076 5,866 11 113 65
Change in Emissions (from Existing)
Transportation -67 -738 -909 <1 2 -9
Energy 3 64 36 1 5 5
Offroad Equipment 97 43 2,028 <1 2 1
Consumer Products 569 ― ― ― ― ―
Net Change from Existing 602 -631 1,155 1 9 -2
MBARD Threshold 137 137 550 150 82 55
Exceeds MBARD Threshold? Yes No Yes No No No
Note: Numbers may not add up due to rounding.

Source: See Appendix B, Revised Air Quality and Greenhouse Gas Emissions Data, of this Revised Draft EIR.

The EIR must provide an analysis that is understandable for decision making and public disclosure.

Regional-scale modeling may provide a technical method for this type of analysis, but it does not necessarily provide a meaningful way to connect the magnitude of a project’s criteria pollutant emissions to health effects without speculation. Additionally, this type of analysis is not feasible at a general plan level because the location of emissions sources and quantity of emissions are not known.

In summary, as described above, implementation of the proposed project would generate emissions that would exceed MBARD’s regional significance thresholds for VOC, NOX, and CO. The proposed 2040 General Plan includes goals, policies, and actions to reduce these long-term regional criteria air pollutant emissions. Proposed *Policy NCR-3.6, Technical Assessments, requires potential future development in Hollister to prepare and submit a technical assessment evaluating potential project operation phase-related air quality impacts to the City of Hollister for review and approval prior to project approval by the City. Where the technical assessment determines the MBARD-adopted

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thresholds are exceeded, the applicants for new development projects would be required to incorporate mitigation measures to reduce air pollutant emissions during operational activities. Due to the programmatic nature of this EIR, no additional mitigation measures or mitigating policies are available, and the impact is found to be significant and unavoidable. The identification of this program-level impact does not preclude the finding of less-than-significant impacts for subsequent individual projects that meet applicable thresholds of significance.

Construction (Short-Term Emissions)
Construction activities associated with potential future development that could occur over the buildout horizon of the proposed 2040 General Plan could generate construction phase (short-term) emissions that would exceed MBARD’s regional or localized threshold criteria and cumulatively contribute to the nonattainment designations of the NCCAB.

Construction activities would temporarily increase PM10, PM2.5, VOC, NOX, SOX, and CO regional emissions within the NCCAB. The primary source of NOX, CO, and SOX emissions is from the use of construction equipment. The primary sources of particulate matter (PM10 and PM2.5) emissions are activities that disturb the soil, such as grading and excavation, road construction, and building demolition and construction. The primary sources of VOC emissions are the application of architectural coating and off- gas emissions associated with asphalt paving. A discussion of health effects associated with air pollutant emissions generated by construction activities is included under Section 4.3.1.2, Air Pollutants of Concern.

Construction activities that could occur under the proposed project would occur over the buildout horizon of the proposed 2040 General Plan, causing short-term emissions of criteria air pollutants. However, information regarding specific development projects, soil types, and the locations of receptors would be needed in order to quantify the level of impact associated with construction activity from potential future development. Due to the scale of development activity associated with buildout through 2040, emissions would likely exceed the MBARD regional significance thresholds. In accordance with the MBARD methodology, emissions that exceed the regional significance thresholds would cumulatively contribute to the nonattainment designations of the NCCAB. The NCCAB is designated as nonattainment for the O3 and PM10. Emissions of VOC and NOX are precursors to the formation of O3. In addition, NOX is a precursor to the formation of particulate matter (PM10 and PM2.5). Therefore, the proposed project would cumulatively contribute to the nonattainment designations of the NCCAB for O3 and particulate matter (PM10).

Air quality emissions related to construction must be addressed on a project-by-project basis. For the proposed 2040 General Plan, which is a broad-based policy document, it is not possible to determine whether the scale and phasing of individual projects would exceed the localized construction emissions thresholds. In addition to regulatory measures, mitigation imposed at the project level may include extension of construction schedules and/or use of special equipment.

While growth within the EIR Study Area would cumulatively contribute to construction (short-term) regional criteria air pollutant emissions impacts, the proposed Natural Resources and Conservation (NRC) Element of the 2040 General Plan includes policies that require local planning and development decisions to consider impacts from emissions and to reduce those emissions. As stated previously, proposed Policy NRC-3.7, Air Quality Standards in Development Review, requires development projects to implement

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strategies to reduce air pollutants and proposed Policy NRC-3.11, Particulate Matter Pollution Reduction, would promote the reduction of particulate matter from construction activities.

The air quality analysis should conclude whether each impact is considered significant or less than significant based on the criteria in Chapter 5 of the MBARD CEQA Air Quality Guidelines. At a minimum, the analysis should address the nonattainment pollutants for NCCAB (PM10 and ozone precursors VOC and NOX) and estimate net emission impacts to the existing environment. The Guidelines recommend computer models to estimate emissions from short-term construction operations generating fugitive dust.

However, calculating VOC and NOX emissions from typical construction equipment is not necessary because temporary emissions of these ozone precursors have been accommodated in State and federally required air plans. The purpose quantifying short-term construction emissions is to confirm a development’s construction exhaust emissions, and therefore be able to identify appropriate mitigation, either through implementation of specific mitigation measures (e.g., use of construction equipment with USEPA Tier 4-rated or higher engines) or payment of applicable off-site fees.

Nevertheless, while adherence to existing and proposed regulations may reduce construction phase (short-term) emissions, the likely scale and extent of construction activities associated with the proposed project would likely continue to exceed the MBARD thresholds for some projects. Therefore, construction- related regional air quality impacts associated with implementation of the proposed project are deemed significant.

Impact AIR-2b: Construction activities that could occur over the buildout horizon of the proposed 2040 General Plan would generate substantial short-term criteria air pollutant emissions that would exceed Monterey Bay Air Resources District’s (MBARD’s) regional significance thresholds and cumulative contribute to the nonattainment designations of the North Central Coast Air Basin (NCCAB).

Significance with Mitigation: Significant and unavoidable. Implementation of the proposed project would occur over a period of 15 years or longer. Construction activities associated with development that could occur under the proposed project could generate short-term emissions that exceed the MBARD’s significance thresholds during this time and cumulatively contribute to the nonattainment designations of the NCCAB. Implementation of applicable regulatory measures (e.g., MBARD Rule 400, Visible Emissions, Rule 402, Nuisances, and Rule 426, Architectural Coatings) and the proposed 2040 General Plan goals and policies listed above would reduce criteria air pollutant emissions from construction-related activities to the extent feasible and may result in reducing construction-related regional air quality impacts of subsequent individual projects to less than significant. Specifically, proposed *Policy NRC-3.6, Technical Assessments, would mitigate impacts by requiring project applicants to prepare technical assessments evaluating potential project construction and operation phase-related air quality impacts to the City of Hollister for review and approval. Pursuant to proposed *Policy NRC-3.6, the evaluations must be prepared in conformance with MBARD criteria and methodology in assessing air quality impacts. Where the technical assessment finds that air pollutants have the potential to exceed the MBARD-adopted thresholds of significance, the technical assessment shall identify project-specific mitigation measures to reduce air pollutant emissions during construction or operational activities. Future project-specific mitigation measures to reduce construction-related emissions could include, but are not limited to:

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 Using construction equipment rated by the United States Environmental Protection Agency as having Tier 4 interim (model year 2008 or newer) or higher emission limits, applicable for engines between 50 and 750 horsepower. A list of construction equipment by type and model year shall be maintained by the construction contractor on-site, which shall be available for City review upon request.
 Ensuring construction equipment is properly serviced and maintained to the manufacturer’s standards.
 Use of alternative-fueled or catalyst-equipped diesel construction equipment, if available and feasible.
 Clearly posted signs that require operators of trucks and construction equipment to minimize idling time (e.g., five-minute maximum).
 Preparation and implementation of a fugitive dust control plan that may include the following measures:
 Water al l active construction areas at least twice daily. Frequency should be based on the type of operation, soil, and wind exposure.
 Prohibit all grading activities during periods of high wind (over 15 miles per hour).  Apply chemical soil stabilizers on inactive construction areas (disturbed lands within construction projects that are unused for at least four consecutive days).  Apply non-toxic binders (e.g., latex acrylic copolymer) to exposed areas after cut and fill operations and hydro seed area.
 Haul trucks shall maintain at least two feet and zero inches of freeboard.  Cover all trucks hauling dirt, sand, or loose materials.  Plant tree windbreaks on the windward perimeter of construction projects, if adjacent to open land.
 Plant vegetative ground cover in disturbed areas as soon as possible.  Cover inactive storage piles.
 Install wheel washers at the entrance to construction sites for all exiting trucks.  Pave all roads on construction sites.
 Sweep streets if visible soil material is carried out from the construction site.  Post a publicly visible sign which specifies the telephone number and person to contact regarding dust complaints. This person shall respond to complaints and take corrective action within 48 hours. The phone number of the MBARD shall be visible to ensure compliance with Rule 402 (Nuisances).
 Limit the area under construction at any one time.

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However, due to the programmatic nature of the proposed project, construction time frames and equipment for individual site-specific projects are not available and there is a potential for multiple developments to be constructed at any one time, resulting in significant construction-related emissions. Therefore, despite adherence to proposed *Policy NRC-3.6, Technical Assessments, and due to the programmatic nature of the proposed project, no additional mitigation measures or mitigating policies are available, and this impact would remain significant and unavoidable. The identification of this program-level impact does not preclude the finding of less-than-significant impacts for subsequent individual projects that meet applicable thresholds of significance.

Climate Action Plan
The proposed CAP is strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan and does not involve any land use changes that would result in indirect growth or change in building density and intensity. Because there is no specific land use component associated with the proposed CAP, its implementation would not directly result in the generation of construction-related criteria air pollutant emissions. Additionally, implementation of the GHG Reduction Strategies identified in the proposed CAP would have co-benefits with regard to operation -related criteria air pollutant emissions. Energy efficiency improvements (e.g., Strategies 1 through 4) would promote sustainable building practices and would result in a decrease in natural gas use and associated criteria air pollutants (i.e., VOC, NOX, CO, SOX, PM10, and PM2.5). Likewise, transportation strategies that reduce VMT (e.g., Strategies 10, 11, 13, and 16) would result in reduction in criteria air pollutants from the transportation sector. Therefore, the proposed CAP would contribute to reducing operation-phase criteria air pollutant emissions and result in beneficial air quality impacts.

Implementation of the proposed project would not result in a cumulatively considerable net increase of a criteria pollutant for which the project region is in nonattainment under applicable federal or State ambient air quality standard and impacts would be less than significant.

Significance without Mitigation: Less than significant.

Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion to non- agricultural uses through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALLP does not involve any land use changes that would affect air quality, implementation of the proposed project would not result in a cumulatively considerable net increase of a criteria pollutant for which the project region is in nonattainment under applicable federal or State ambient air quality standard and impacts would be less than significant.

Significance without Mitigation: Less than significant.

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AIR-3 Implementation of the proposed project would expose sensitive receptors to substantial pollutant concentrations of toxic air contaminants.
2040 General Plan
Operation Health Hazards
Operation of new land uses consistent with the land use plan of the proposed 2040 General Plan could generate new sources of criteria air pollutants and TACs in the EIR Study Area from area/stationary sources and mobile sources. The following describes potential localized operational air quality impacts from implementation of the proposed project.

CO Hotspots
Areas of vehicle congestion have the potential to create pockets of CO called hotspots. These pockets have the potential to exceed the State 1-hour standard of 20 ppm or the 8-hour standard of 9.0 ppm. The Guidelines recommends CO Hotspot screening procedures developed by Caltrans for projects that trigger the level of significance for CO shown in Table 5-3 of the MBARD CEQA Guidelines. However, emissions from motor vehicles, the largest source of CO emissions, have been declining since 1985 despite increases in VMT due to the introduction of new automotive emission controls and fleet turnover.

Implementation of the proposed project in year 2040 would add vehicle trips but is not anticipated to produce the volume of traffic required to generate a CO hotspot. Furthermore, as described in Chapter

4.16, Transportation, the proposed 2040 General Plan contains goals, policies, and actions that will help reduce vehicle miles traveled and therefore reduce emissions from automobiles. Therefore, implementation of the proposed project and would not have the potential to substantially increase CO hotspots at intersections in the vicinity of the EIR Study Area. Accordingly, impacts would be less than significant and no mitigation measures are required.

Toxic Air Contaminants
Permitted Stationary Sources
Various industrial and commercial processes (e.g., manufacturing, dry cleaning) would be expected to release TACs. TAC emissions generated by stationary and point sources of emissions within the NCCAB are regulated and controlled by MBARD. However, emissions of TACs from mobile sources when operating at a property (e.g., truck idling) are regulated by statewide rules and regulations, not by MBARD, and have the potential to generate substantial concentrations of air pollutants.

The MBARD regulates TACs from new or modified sources under Rule 1000 and a Board approved protocol. They apply to any source which requires a permit to construct or operate pursuant to District Regulation II (Permits) and has the potential to emit carcinogenic or noncarcinogenic TACs. Rule 1000 requires sources of carcinogenic TACs to install best control technology and reduce cancer risk to less than one incident per 100,000 population (10 in one million cancer risk). Additionally, MBARD implements the

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Rule 1003, Air Toxic Emissions Inventory and Risk Assessments, which establishes the Air Toxics Hot Spots Act and requires existing facility’s emissions to be less than one incident per 100,000 population (10 in one million cancer risk). Though these sources would incrementally contribute to the proposed project inventory on an individual basis, they would be mitigated to the standards identified above. Overall, combined with the standards and permitting processes described above, impacts related to permitted stationary sources of TACs are considered less than significant and no mitigation measures are required.

Warehouse/Industrial Land Uses
Mobile sources of TACs are not regulated by MBARD. The primary mobile source of TACs within the EIR Study Area is truck idling and use of cargo -handling equipment. New warehousing operations could generate substantial diesel particulate matter emissions from cargo-handling equipment use and truck idling. In addition, some warehousing and industrial facilities may include use of transport refrigeration units (TRUs) for cold storage. New land uses in the EIR Study Area that would be permitted under the proposed 2040 General Plan that use trucks, including trucks with TRUs, could generate an increase in diesel particulate matter (DPM) that would contribute to cancer and noncancer health risk in the NCCAB.

Additionally, these types of facilities could also generate particulate matter (PM10 and PM2.5) that may cause an exceedance or contribute to the continuing exceedance of the federal and State AAQS. These new land uses could be near existing air quality sensitive receptors within and outside the EIR Study Area.

As shown in Figure 3-6, Proposed General Plan Land Use, in Chapter 3, Project Description, portions of areas designated Industrial within the EIR Study Area are in close or adjacent to areas designated for residential use. In addition, trucks would travel on regional transportation routes through the NCCAB, contributing to near-roadway diesel particulate matter concentrations.

The proposed Environmental Justice (EJ), Natural Resources and Conservation (NRC), and Health and Safety (HS) Elements of the 2040 General Plan contain goals, policies, and actions that require local planning and development decisions to consider impacts to air quality sensitive receptors. The following proposed 2040 General Plan goals, policies, and actions would minimize potential adverse impacts related to operational phase emissions to air quality sensitive receptors:

Goal EJ-8: Ensure access to healthy air quality for all communities so that no community bears the disproportionate burden of environmental hazards and health risks.  Policy EJ-8.1: Health Impact Assessment. Require a Health Impact Assessment, including consideration of truck traffic impacts, for any project that could potentially affect health conditions for sensitive receptors and/or in impacted communities, and require appropriate mitigation based on the findings of the assessment.

Goal NRC-3: Protect clean air resources. (Goal NRC2)
 *Policy NRC-3.6: Technical Assessments. Require project applicants to prepare technical assessments evaluating potential project construction and operation phase-related air quality impacts to the City of Hollister for review and approval prior to project approval. Such evaluations shall be prepared in conformance with Monterey Bay Air Resources District (MBARD) criteria and methodology in assessing air quality impacts. If air pollutants are found to have the potential to exceed the MBARD- adopted thresholds of significance, ensure mitigation measures, such as those listed in the General

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Plan Environmental Impact Report, are incorporated to reduce air pollutant emissions during construction or operational activities. (new)
 Policy NRC-3.7: Air Quality Standards in Development Review. Require developers to implement strategies for air quality improvement through the development review process. Ensure that any proposed new sources of particulate matter use latest control technology (such as enclosures, paving unpaved areas, parking lot sweeping, and landscaping) and provide adequate buffer setbacks to protect existing or future sensitive receptors. (Implementation Measures NRC.H)  Policy NRC-3.8: Commercial and Industrial Projects Exceeding 10,000 Square Feet. Require new or expanded commercial and industrial projects exceeding 10,000 square feet of gross floor area, such as big-box stores, warehouses, distribution centers, and similar uses, to be zero-emissions operations, including the facilities themselves and the associated fleets. Require all necessary measures, such as the following, to achieve zero emissions:
 Provide adequate on-site parking for all anticipated truck traffic to prevent idling and off-site queuing.
 Provide electrified loading docks with receptacles allowing plug-in of refrigerated and other types of trailers that otherwise would receive power from the tractor unit.  Utilize heavy-duty trucks that are model year 2014 or later.  Utilize zero-emission or “clean fleet” for delivery vehicles.  Utilize zero-emission forklifts, pallet trucks and jacks, stackers, and other yard equipment.  Implement practices to control road dust, tire wear, brake dust, and other contaminants in paved areas. (new)
 Policy NRC-3.9: Acute Air Quality Pollution Impact. Require projects or businesses that create acute air quality pollution impacts to implement mitigation measures to protect the health of the community in the affected area. (new)
 Policy NRC-3.10: Idling of Diesel Engines. Prohibit idling of diesel engines citywide. Prohibit non-diesel truck, construction vehicle, and transit vehicle idling within 100 feet of sensitive receptors, such as homes, schools, playgrounds, sports fields, childcare centers, senior centers, and long-term health care facilities. (new)
 *Policy NRC-3.15: Operational Health Risk Assessment. Require project applicants of discretionary projects to prepare an operational health risk assessment (HRA) for industrial or warehousing land uses and commercial land uses that would generate substantial diesel truck travel (i.e., 100 diesel trucks or 40 or more trucks with diesel-powered transport refrigeration units per day based on the California Air Resources Board recommendations for siting new sensitive land uses) prior to project approval. The operational HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the Monterey Bay Air Resources District (MBARD). If the operational HRA shows that the incremental cancer risk exceeds 10 in a million, the appropriate noncancer hazard index exceeds 1.0; or the thresholds as determined by the MBARD, the City shall require the project applicant to identify and demonstrate measures, such as those listed in the General Plan Environmental Impact Report, that can reduce potential cancer and noncancer risks to an acceptable level. (new)

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 Action NRC-3.1: Idling Ordinance. Adopt an ordinance that matches or is more stringent than the State’s maximum idling law, and coordinate with California Air Resources Board, Monterey Bay Air Resources District, and law enforcement to achieve compliance. (new) Goal HS-7: Protect the community’s health, safety, and welfare relating to the use, storage, transport, and disposal of hazardous materials. (new)
 Policy HS-7.2: Hazardous Materials Storage and Disposal. Require proper storage and disposal of hazardous materials to prevent leakage, potential explosions, fires, or the escape of harmful gases, and to prevent individually innocuous materials from combining to form hazardous substances, especially at the time of disposal. Provide the public, industry, agriculture, and local government with the available information needed to enable them to take rational and cost-effective actions to minimize, recycle, treat, dispose of, or otherwise manage hazardous wastes in the Hollister Planning Area. (Policy HS1.14)
As a long-range policy document, the proposed 2040 General Plan lacks sufficient detail on specific development projects that would potentially be developed in the future; therefore, it is not possible to determine what types of TACs would be generated on an individual site. Because the exact nature of the future industrial uses is not known, the quantity of TACs generated by the proposed project is also unknown. Furthermore, for warehouse development projects, cancer risk is predominately associated with diesel-powered cargo handling equipment rather than onsite truck idling. There is insufficient information available at this level of analysis to conduct a reasonable or scientifically valid analysis of DPM associated with onsite diesel-powered cargo handling equipment and trucks, or other sources of TACs.

Thus, for programmatic, general-plan-level assessments, it is not feasible to conduct regional dispersion modeling to determine the incremental contribution of risks associated with land use changes. Therefore, health risk impacts from non-permitted sources associated with development of industrial and commercial land uses are considered significant.

Impact AIR-3a: Implementation of the proposed project could expose air quality sensitive receptors to substantial toxic air contaminant concentrations from non-permitted sources during operation.

Significance with Mitigation: Significant and unavoidable. Potential future development from implementation of the proposed 2040 General Plan could result in a substantial increase in DPM near existing or planned air quality sensitive receptors (e.g., children, the elderly, the acutely ill, and the chronically ill, especially those with cardiorespiratory diseases, disadvantaged communities).

Proposed 2040 General Plan *Policy NRC-3.15, Operational Health Risk Assessments, would mitigate impacts by requiring that applicants of industrial or warehousing land uses in addition to commercial land uses that would generate substantial diesel truck travel (i.e., 100 diesel trucks per day or 40 or more trucks with diesel-powered transport refrigeration units per day based on the California Air Resources Board recommendations for siting new sensitive land uses) to prepare and submit an operational health risk assessment (HRA) to the City of Hollister for review and approval. If the operational HRA determines the new development poses health hazards that increase the incremental cancer risk above the threshold established by the Monterey Bay Air Resource District (MBARD), project-specific mitigation measures shall be integrated to reduce cancer and acute risk below the MBARD threshold. The operational HRA is required to be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and MBARD.

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If the operational HRA shows that the incremental cancer risk exceeds 10 in a million, the appropriate noncancer hazard index exceeds 1.0; or the thresholds as determined by the MBARD at the time a project is considered, the project applicant would be required to identify and demonstrate that measures can reduce potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms.

Examples of project-specific mitigation measures that future projects in Hollister can apply to reduce risk impacts may include but are not limited to:
 Restricting idling onsite beyond Air Toxic Control Measures idling restrictions, as feasible.  Electrifying warehousing docks.
 Requiring use of newer equipment and/or vehicles.
 Restricting offsite truck travel through the creation of truck routes.

Implementation of proposed *Policy NRC-3.15, Operational Health Risk Assessments, would ensure mobile sources of emissions not covered under MBARD permits are considered and mitigated during subsequent project-level environmental review by the City of Hollister. Potential future development projects in the city that have the potential to generate potentially significant risks associated with the release of TACs are required to undergo an analysis of their potential health risks associated with (toxic air contaminants) TACs based upon the specific details of each individual project. Though individual projects would be required to have less-than-significant impacts, cumulative development in the City would result in an increase in diesel particulate matter (DPM) concentrations and could increase the environmental burden on sensitive populations, including environmental justice communities, in the North Central Coast Air Basin. Overall, because there are no specific development projects identified or approved under the proposed 2040 General Plan and the location and exact nature of future development projects are unknown, determining health risk at this time is considered speculative pursuant to Section 15145 of the CEQA Guidelines. Health risk impacts from development of industrial and commercial land uses are considered a significant and unavoidable project and cumulative impact. However, the identification of this program-level impact does not preclude the finding of less-than-significant impacts for subsequent individual projects that meet applicable thresholds of significance.

Construction Health Hazards
Future construction under the proposed project would temporarily elevate concentrations of TACs and diesel-PM2.5 in the vicinity of sensitive land uses during construction activities. The following proposed 2040 General Plan goal and policy, in addition to those listed for operational health hazards, would minimize potential adverse impacts related to construction emissions to air quality sensitive receptors:

Goal NRC-3: Protect clean air resources. (Goal NRC2)
 *Policy NRC-3.14: Construction Health Risk Assessment. Require project applicants of discretionary projects on sites greater than one acre, within 1,000 feet of sensitive land uses (e.g., residences, schools, day care facilities, and nursing homes, etc.), as measured from the property line of the project, that utilize off-road equipment of 50 horsepower or more, and that occur for more than 12 months of active construction (i.e., exclusive of interior renovations) to prepare a construction health

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risk assessment (HRA) in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and Monterey Bay Air Resources District (MBARD). If the construction HRA shows that the incremental cancer risk exceeds 10 in a million, the appropriate noncancer hazard index exceeds 1.0; or the thresholds as determined by the MBARD, require the project applicant to identify and demonstrate measures, such as those listed in the General Plan Environmental Impact Report, that can reduce potential cancer and noncancer risks to an acceptable level. (new)However, because the details regarding future construction activities are not known at this time—including phasing of future individual projects, construction duration and phasing, and preliminary construction equipment—construction emissions are unknown. Therefore, construction-related health risk impacts associated with the proposed 2040 General Plan are considered significant.

Impact AIR-3b: Construction activities associated with potential future development could expose nearby air quality sensitive receptors to substantial concentrations of toxic air contaminants during construction.

Significance with Mitigation: Significant and unavoidable. Implementation of the proposed project would occur over a period of 15 years or longer. Construction activities associated with potential future development over the buildout horizon of the proposed 2040 General Plan could expose air quality sensitive receptors to short-term construction emissions. Implementation of proposed 2040 General Plan *Policy NRC-3.14, Construction Health Risk Assessment, would mitigate impacts by requiring subsequent project-specific evaluation of qualifying future development projects to assess potential impacts and mitigate those impacts to acceptable levels. Proposed *Policy NRC-3.14 would require new sources of air pollution that will generate new air quality impacts or expose to harmful emissions of toxic air pollutants to prepare a construction Health Risk Assessment in alignment with the State Office of Environmental Health Hazard Assessment and Monterey Bay Air Resource District ’s CEQA Air Quality Guidelines. The construction Health Risk Assessment shall be submitted to the City of Hollister for review and approval and shall identify project-specific mitigation measures to reduce air pollutant emissions during construction activities such as the use of construction equipment with United States Environmental Protection Agency Tier 4-rated (or higher) engines. Implementation of proposed *Policy NRC-3.6 , Technical Assessments, in addition to applicable regulatory measures, would reduce criteria air pollutant emissions from construction-related activities to the extent feasible and may result in reducing construction-related regional air quality impacts of subsequent individual projects to a less-than-significant level. However, due to the programmatic nature of the proposed project, construction time frames and equipment for individual site-specific projects are not available and there is a potential for multiple developments to be constructed at any one time, resulting in significant construction-related emissions. Therefore, despite adherence to proposed *Policy NRC-3.6, due to the programmatic nature of the proposed project, no additional mitigation measures or mitigating policies are available, and this impact would remain significant and unavoidable. The identification of this program-level impact does not preclude the finding of less-than-significant impacts for subsequent individual projects that meet applicable thresholds of significance.

Climate Action Plan
The proposed CAP is strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan and does not involve any land use changes that would result in indirect growth or change in building density and intensity. Because there is

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no specific land use component associated with the proposed CAP, its implementation would not directly result in the generation of operation-related criteria air pollutant, TAC emissions, or generation of vehicle trips to produce CO hotspots. In addition, as stated under Impact Discussion AIR-2, implementation of the CAP could result in beneficial long-term air quality impacts from the increase in energy efficiency, usage of clean energy, and reduction in VMT. A reduction in vehicle trips would contribute to further minimizing the potential creation of CO hotpots. Therefore, implementation of the proposed project would not expose sensitive receptors to substantial pollutant concentrations of toxic air contaminants and impacts would be less than significant.

Significance without Mitigation: Less than significant.

Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion to non- agricultural uses through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALLP does not involve any land use changes that would affect air quality, implementation of the proposed ALPP would not expose sensitive receptors to substantial pollutant concentrations of toxic air contaminants and impacts would be less than significant.

Significance without Mitigation: Less than significant.

AIR-4 Implementation of the proposed project could result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.
2040 General Plan
Operational-Related Odors
Industrial Land Uses
Development allowed under the proposed 2040 General Plan could generate new sources of odors. Odors from the types of land uses that could generate objectionable odors are regulated under MBARD Rule 402, Nuisances, which states:

No person shall discharge from any source whatsoever such quantities of air contaminants or other materials which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public; or which endanger the comfort, repose, health, or safety of any such persons or the public; or which cause, or have a natural tendency to cause, injury or damage to business or property.

The proposed Natural Resources and Conservation (NRC) Element of the 2040 General Plan includes policies that require local planning and development decisions to consider impacts from emissions and

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odor and to reduce those emissions and odors. The following proposed 2040 General Plan goal and policies would minimize potential adverse air quality impacts related to odor:

Goal NRC-3: Protect clean air resources. (Goal NRC2)
 Policy NRC-3.3: Air Quality Consideration in Land Use Planning. Promote land use compatibility for new development by using buffering techniques, such as landscaping, setbacks, and screening in areas where different land uses abut one another to help ensure excellent air quality and land use compatibility. (Policy NRC2.2)
 Policy NRC-3.7: Air Quality Standards in Development Review. Require developers to implement strategies for air quality improvement through the development review process. Ensure that any proposed new sources of particulate matter use latest control technology (such as enclosures, paving unpaved areas, parking lot sweeping, and landscaping) and provide adequate buffer setbacks to protect existing or future sensitive receptors. (Implementation Measures NRC.H)  *Policy NRC-3.16: Odor Management Plan. Require project applicants to prepare an Odor Management Plan prior to project approval for projects with the potential to emit nuisance odors beyond the property line (landfills, rendering plants, chemical plants, wastewater treatment plants, and refineries). The Odor Management Plan shall identify control technologies that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms, to ensure compliance with Monterey Bay Air Resources District Rule 402. (new) Industrial land uses accommodated under the proposed 2040 General Plan would be required to comply with MBARD Rule 402 and implementation of the proposed 2040 General Plan policies would help minimize potential odor impacts to the extent feasible. As stated in the MBARD Guidelines, a lead agency should avoid siting a land use with sensitive receptors near congested intersections where carbon monoxide standards are or could be violated, sources of toxic emissions, or sources of odors.35 However, future environmental review may be required for future industrial projects to ensure that sensitive land uses are not exposed to nuisance odors. MBARD Rule 402 requires abatement of any nuisance generating an odor complaint. Typical abatement includes passing air through a drying agent followed by two successive beds of activated carbon to generate odor-free air. Facilities listed in the table would need to consider measures to reduce odors as part of their approval process. Consequently, a protocol for assessing odor impacts should be determined with the MBARD to ensure that odor impacts are minimized. Odor impacts could be significant for new projects that have the potential to emit pollutants associated with odors in substantial amounts.

Impact AIR-4: Operation of new industrial land uses accommodated under the proposed 2040 General Plan has the potential to create objectionable odors that could affect a substantial number of people.

Significance with Mitigation: Less than significant. Implementation of proposed 2040 General Plan *Policy NRC-3.16, Odor Management Plan, would ensure that sources identified by MBARD are

35 Monterey Bay Air Resources District (MBARD). 2008, February. CEQA Air Quality Guidelines, https://www.mbard.org/files/0ce48fe68/CEQA+Guidelines.pdf , accessed November 12, 2022.

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mitigated through adherence to an odor control plan and comply with MBARD Rule 402, Nuisances.

Therefore, Impact AIR-4a would be mitigated to a less-than-significant level.

Residential and Other Land Uses
Residential and other nonresidential, nonindustrial land uses that would be accommodated by the proposed 2040 General Plan could result in the generation of odors such as exhaust from landscaping equipment and from cooking. Unlike industrial land uses, these are not considered potential generators of odor that could affect a substantial number of people. Nuisance odors are regulated under MBARD Rule 402, which requires abatement of any nuisance generating a verified odor complaint. Therefore, impacts from potential odors generated from residential and other nonresidential land uses associated with the proposed 2040 General Plan are considered less than significant.

Significance without Mitigation: Less than significant.

Construction-Related Odors
During construction activities, construction equipment exhaust and application of asphalt and architectural coatings would temporarily generate odors. Any construction-related odor emissions would be temporary and intermittent in nature. Additionally, noxious odors would be confined to the immediate vicinity of the construction equipment. By the time such emissions reach any sensitive receptor sites, they would be diluted to well below any level of air quality concern. Therefore, impacts associated with construction-generated odors are considered less than significant.

Significance without Mitigation: Less than significant.

Climate Action Plan
The proposed CAP is strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan and does not involve any land use changes that would result in indirect growth or change in building density and intensity. Because there is no specific land use component associated with the proposed CAP, its implementation would not directly result in the generation of odors or other emissions. Therefore, implementation of the proposed project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people and impacts would be less than significant.

Significance without Mitigation: Less than significant.

Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion to non- agricultural uses through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALLP does not involve any land use changes that would affect air quality, implementation of the proposed project would

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not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people and impacts would be less than significant.

Significance without Mitigation: Less than significant.

AIR-5 Implementation of the proposed project, in combination with past, present, and reasonably foreseeable projects, would result in a cumulative impact with respect to air quality (criteria air pollutants and toxic air contaminants).
2040 General Plan
Odor
As described in Impact Discussion AIR-4, odors generated from residential and other nonresidential land uses are not considered nuisance odors that could affect a substantial number of people but industrial projects could generate odors near sensitive land uses. All projects in the NCCAB would be subject to MBARD Rule 402, which requires abatement of any nuisance generating a verified odor complaint. Typical abatement includes passing air through a drying agent followed by two successive beds of activated carbon to generate odor-free air. Facilities listed in the table would need to consider measures to reduce odors as part of their approval process. Potential future development in Hollister would be subject to proposed General Plan *Policy NRC-3.16, Odor Management Plan, to ensure that sources identified by MBARD are mitigated through adherence to an odor control plan and to comply with MBARD Rule 402 and as such would not contribute to cumulative odor impacts in the NCCAB. Accordingly, odor impacts from the proposed project would not be cumulatively considerable and cumulative odor impacts would be less than significant.

Criteria Air Pollutants
The cumulative area of analysis is the MBARD. As identified in Section 4.3.2, Environmental Setting, California is divided into air basins for the purpose of managing the air resources of the state on a regional basis based on meteorological and geographic conditions. Similar to GHG emissions impacts, air quality impacts are regional in nature as no single project generates enough emissions that would cause an air basin to be designated as a nonattainment area. Criteria air pollutant emissions generated by cumulative development associated with buildout of the proposed 2040 General Plan would exceed MBARD’s project- level significance thresholds during operation for VOC and would contribute to the nonattainment designations of the NCCAB. The NCCAB is currently designated a nonattainment area for O3 and particulate matter (PM10). Therefore, in combination with past, present, and reasonably foreseeable projects elsewhere within the MBARD, the proposed project even with implementation of applicable regulations and proposed 2040 General Plan *Policy NRC-3.6, Technical Assessments, *Policy NRC-3.14, Construction Health Risk Assessment, and *Policy NRC-3.15, Operational Health Risk Assessment, which would mitigate impacts to the extent feasible, would result in a significant cumulative impact with respect to air quality.

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Toxic Air Contaminants
Buildout of the proposed 2040 General Plan would generate new sources of TAC near existing or planned sensitive receptors. Review of development projects by the MBARD for permitted sources of air toxics (e.g., industrial facilities, dry cleaners, and gasoline dispensing facilities) would ensure that health risks are minimized. Implementation of proposed 2040 General Plan *Policy NRC-3.6, Technical Assessments, *Policy NRC-3.14, Construction Health Risk Assessment, and *Policy NRC-3.15, Operational Health Risk Assessment, which would mitigate impacts to the extent feasible, would ensure mobile sources of TACs not covered MBARD permits are considered during subsequent project-level environmental review by the City of Hollister. Individual development projects would be required to achieve the incremental risk thresholds established by the MBARD, and TACs would be less than significant. However, implementation of the proposed project would generate TACs that could contribute to elevated levels in the NCCAB. While individual projects would achieve the project-level risk threshold of one per million, they would nonetheless contribute to the higher levels of cancer risk in the NCCAB; and therefore, result in a cumulatively considerable impact. Therefore, the cumulative contribution to health risk resulting from implementation of the proposed project is significant.

Impact AIR-5: The emissions that could occur over the buildout horizon of the proposed 2040 General Plan could generate a substantial increase in emissions that exceeds the Monterey Bay Air Resources District’s (MBARD’s) significance thresholds and cumulatively contribute to the nonattainment designations and health risk in the North Central Coast Air Basin (NCCAB).

Significance with Mitigation: Significant and unavoidable. Criteria air pollutant emissions generated by land uses of the proposed 2040 General Plan could exceed the MBARD regional thresholds (see Impact Discussions AIR-2 and AIR-3). Air quality impacts identified in the discussion under Impact AIR- 2a, AIR-2b, AIR-3a, and AIR-3b constitute the proposed project’s contribution to cumulative air quality impacts in the NCCAB. Proposed 2040 General Plan *Policy NRC-3.6, Technical Assessments, *Policy NRC-3.14, Construction Health Risk Assessments, and *Policy NRC-3.15, Operational Health Risk Assessments, identified previously to mitigate impacts by reducing project-related emissions, would reduce impacts to the extent feasible. Due to the programmatic nature of the project, no additional mitigation measures are available. Air pollutant emissions associated with the project would result in a cumulatively considerable contribution to air quality impacts and remain significant and unavoidable at the program level. The identification of this program-level cumulative impact does not preclude the finding of less-than-significant cumulative impacts for subsequent projects analyzed at the project level.

Climate Action Plan
The proposed CAP is strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. The proposed CAP does not involve any land use changes that would result in indirect growth or change in building density and intensity. In addition, implementation of the proposed CAP would result in beneficial impacts to air

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quality. Therefore, implementation of the proposed project would result in a less-than-significant cumulative impact with respect to air quality.

Significance without Mitigation: Less than significant.

Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion to non- agricultural uses through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALLP does not involve any land use changes that would affect air quality, the proposed project would result in a less- than-significant cumulative impact with respect to air quality.

Significance without Mitigation: Less than significant.

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4.4 BIOLOGICAL RESOURCES
This chapter of the Revised Draft Environmental Impact Report (EIR) describes the potential biological resource impacts associated with the approval and implementation of the proposed project. This chapter also describes the regulatory framework and existing conditions, identifies criteria used to determine impact significance, provides an analysis of the potential biological resource impacts, and identifies policies that could minimize any potentially significant impacts.

This chapter is based in part on the City of Hollister 2040 General Plan Biological and Wetland Resources Background Report (Biological Background Report) prepared by Environmental Collaborative in May 2020.

The Biological Background Report is attached to this Revised Draft EIR as Appendix C, Biological Resources Data.

4.4.1 ENVIRONMENTAL SETTING

REGULATORY FRAMEWORK
Federal Regulations
Federal Endangered Species Act
The U.S. Fish and Wildlife Service (USFWS) has jurisdiction over federally listed threatened and endangered plant and animal species. The federal Endangered Species Act (FESA) and its implementing regulations prohibit the take of any fish or wildlife species that is federally listed as threatened or endangered without prior approval pursuant to either Section 7 or Section 10 of the FESA. FESA defines “take” as to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” Title 50, Part 17, Section 17.3, Definitions, of the Code of Federal Regulations, defines the term “harass” as an intentional or negligent act that creates the likelihood of injuring wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns, such as breeding, feeding, or sheltering. Furthermore, Section 17.3 defines “harm” as an act that either kills or injures a listed species. By definition, “harm” includes habitat modification or degradation that actually kills or injures a listed species by significantly impairing essential behavior patterns such as breeding, spawning, rearing, migrating, feeding, or sheltering.

Section 10(a) of the FESA establishes a process for obtaining an incidental take permit that authorizes nonfederal entities to incidentally take federally listed wildlife or fish. Incidental take is defined by FESA as take that is “incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.” Preparation of a habitat conservation plan (HCP) is required for all Section 10(a) permit applications. The USFWS and National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NOAA Fisheries Service) have joint authority under the FESA for administering the incidental take program.

NOAA Fisheries Service has jurisdiction over anadromous fish species and USFWS has jurisdiction over all other fish and wildlife species.

Section 7 of the FESA requires all federal agencies to ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of any species listed under the FESA, or result in the

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destruction or adverse modification of its habitat. Federal agencies are also required to minimize impacts to all listed species resulting from their actions, including issuance of permits or funding. Section 7 requires consideration of the indirect effects of a project, effects on federally listed plants, and effects on critical habitat (FESA requires that the USFWS identify critical habitat to the maximum extent that it is prudent and determinable when a species is listed as threatened or endangered). This consultation results in a Biological Opinion prepared by the USFWS stating whether implementation of the Habitat Conservation Plan (HCP) will result in jeopardy to any HCP Covered Species or will adversely modify critical habitat and the measures necessary to avoid or minimize effects to listed species.

Although federally listed animals are legally protected from harm no matter where they occur, Section 9 of the FESA provides protection for endangered plants by prohibiting the malicious destruction on federal land and other “take” that violates state law. Protection for plants not living on federal lands is provided by the California Endangered Species Act (CESA).

Clean Water Act
The United States Army Corps of Engineers (USACE) is responsible under Section 404 of the Clean Water Act to regulate the discharge of fill material into waters of the United States (U.S.). These waters, and their lateral limit, include streams that are tributaries to navigable waters and their adjacent wetlands.1 The lateral limits of jurisdiction for a nontidal stream are measured at the line of the ordinary high-water mark2 or the limit of adjacent wetlands.3 Any permanent extension of the limits of an existing water of the U.S., whether natural or human-made, results in a similar extension of USACE jurisdiction.

Waters of the U.S. fall into two broad categories: wetlands and other waters. Other waters include waterbodies and watercourses generally lacking plant cover, such as rivers, streams, lakes, springs, ponds, coastal waters, and estuaries. Wetlands are aquatic habitats that support hydrophytic wetland plants and include marshes, wet meadows, seeps, floodplains, basins, and other areas experiencing extended seasonal soil saturation. Seasonally or intermittently inundated features, such as seasonal ponds, ephemeral streams, and tidal marshes, are categorized as wetlands if they have hydric soils and support wetland plant communities. Seasonally inundated waterbodies or watercourses that do not exhibit wetland characteristics are classified as other waters of the U.S.

Waters and wetlands that cannot trace a continuous hydrologic connection to a navigable water of the U.S. are not tributary to waters of the U.S. These are termed “isolated wetlands.” Isolated wetlands are jurisdictional when their destruction or degradation can affect interstate or foreign commerce.4 The USACE may or may not take jurisdiction over isolated wetlands depending on the specific circumstances.

In general, a project proponent must obtain a Section 404 permit from the USACE before placing fill or grading in wetlands or other waters of the U.S. Prior to issuing the permit, the USACE is required to consult with the USFWS under Section 7 of FESA if the project may affect federally listed species.

1 Code of Federal Regulations, Title 33, Navigation and Navigable Waters, Part 328.3(a). 2 Code of Federal Regulations, Title 33, Navigation and Navigable Waters, Part 328.3(e). 3 Code of Federal Regulations, Title 33, Navigation and Navigable Waters, Part 328.3(b). 4 Code of Federal Regulations, Title 33, Navigation and Navigable Waters, Part 328.3(a).

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All USACE permits require water quality certification under Section 401 of the Clean Water Act. This regulatory program is administered by the Regional Water Quality Control Board (RWQCB). Project proponents who propose to fill wetlands or other waters of the U.S. must apply for water quality certification from the RWQCB, which has adopted a policy requiring mitigation for any loss of wetland, streambed, or other jurisdictional area.

Migratory Bird Treaty Act
The federal Migratory Bird Treaty Act (MBTA ) prohibits the taking, hunting, killing, selling, purchasing, etc. of migratory birds, parts of migratory birds, or their eggs and nests. As used in the MBTA, the term “take” is defined as “to pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill, unless the context otherwise requires.”5 Most bird species native to North America are covered by this act. The MBTA prohibits the intentional or incidental killing of birds or destruction of their nests when in active use.

State Regulations
California Endangered Species Act
The California Department of Fish and Wildlife (CDFW) has jurisdiction over State-listed endangered, threatened, and rare plant and animal species under CESA.6 CESA is similar to the FESA both in process and substance; it is intended to provide additional protection to threatened and endangered species in California. Species may be listed as threatened or endangered under both acts (in which case the provisions of both state and federal laws apply) or under only one act. A candidate species is one that the Fish and Game Commission has formally noticed as being under review by CDFW for addition to the State list. Candidate species are protected by the provisions of CESA.

California Environmental Quality Act
The California Environmental Quality Act (CEQA) applies to “projects” proposed to be undertaken or requiring approval by state and local government agencies. Projects are defined as having the potential to have physical impact on the environment. Under Section 15380 of the CEQA Guidelines, a species not included on any formal list “shall nevertheless be considered rare or endangered if the species can be shown by a local agency to meet the criteria” for listing. With sufficient documentation, a species could be shown to meet the definition of rare or endangered under CEQA and be considered a “de facto” rare or endangered species.

California Fish and Game Code
CDFW is responsible for enforcing the California Fish and Game Code (CFGC), which contains several protections from “take” for a variety of species. CDFW also protects streams, water bodies, and riparian corridors through the Streambed Alteration Agreement process under Section 1601 to 1606 of the CFGC.

5 United States Code, Title 16, Conservation, Section 715n. 6 California Fish and Game Code Section 2050 et seq.

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CFGC stipulates that it is “unlawful to substantially divert or obstruct the natural flow or substantially change the bed, channel or bank of any river, stream or lake” without notifying the CDFW, incorporating necessary mitigation, and obtaining a Streambed Alteration Agreement.7 CDFW’s jurisdiction extends to the top of banks and often includes the outer edge of riparian vegetation canopy cover.

The CFGC also lists animal species designated as Fully Protected or Protected, which may not be taken or possessed at any time. The CDFW does not issue licenses or permits for take of these species except for necessary scientific research, habitat restoration/species recovery actions, or live capture and relocation pursuant to a permit for the protection of livestock. Fully protected species are listed in CFGC Sections 3511 (birds), 4700 (mammals), 5050 (reptiles and amphibians), and 5515 (fish) of the CFGC, while protected amphibians and reptiles are listed in Chapter 5, Sections 41 and 42, respectively.

Several provisions in the CFGC provide for the protection of birds and bird nests in active use. Unless the CFGC or its implementing regulations provide otherwise, under California law it is unlawful to:
 Take a bird, mammal, fish, reptile, or amphibian.
 Take, possess, or needlessly destroy the nest or eggs of any bird.  Take, possess, or destroy any bird of prey in the orders Strigiformes (owls) and Falconiformes (such as falcons, hawks, and eagles) or the nests or eggs of such a bird.  Take or possess any of the 13 fully protected bird species listed in CFGC Section 3511.  Take any nongame bird (i.e., bird that is naturally occurring in California that is not a gamebird, migratory game bird, or fully protected bird).
 Take or possess any migratory nongame bird as designated in the MBTA or any part of such bird, except as provided by rules or regulations adopted by the United States Department of the Interior under the MBTA.
 Take, import, export, possess, purchase, or sell any bird (or products of a bird), listed as an endangered or threatened species under the CESA unless the person or entity possesses an Incidental Take Permit or equivalent authorization from CDFW.

Non-native species, including European starling (Sturnus vulgaris), house sparrow (Passer domesticus), and rock pigeon (Columba livia), are not afforded any protection under the MBTA or CFGC.

Porter-Cologne Water Quality Control Act
Under the Porter-Cologne Water Quality Control Act,8 the RWQCB is authorized to regulate the discharge of waste that could affect the quality of the State’s waters. The RWQCB asserts jurisdiction over isolated waters and wetlands, as well as waters and wetlands that are regulated by the USACE. Therefore, even if a project does not require a federal permit, it still requires review and approval by the RWQCB. When reviewing applications, the RWQCB focuses on ensuring that projects do not adversely affect the “beneficial uses” associated with waters of the State. In most cases, the RWQCB seeks to protect these

7 California Fish and Game Code Section 1602.
8 California Water Code Sections 13000 through 14920.

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beneficial uses by requiring the integration of waste discharge requirements into projects that will require discharge into waters of the State. For most construction projects, the RWQCB requires the use of construction and postconstruction best management practices.

California Native Plant Protection Act
The California Native Plant Protection Act of 1977 prohibits importation of rare and endangered plants into California, “take” of rare and endangered plants, and sale of rare and endangered plants. CESA defers to the California Native Plant Protection Act, which ensures that State-listed plant species are protected when State agencies are involved in projects subject to CEQA. In this case, plants listed as rare under the California Native Plant Protection Act are not protected under CESA but rather under CEQA.

The California Native Plant Society (CNPS ) is a nongovernmental conservation organization that has developed a list of plants of special concern in California. The following explains the designations for each plant species:9
 Rank 1A. Plants Presumed Extirpated in California and Either Rare or Extinct Elsewhere  Rank 1B. Plants Rare, Threatened, or Endangered in California and Elsewhere  Rank 2A. Plants Presumed Extirpated in California, But Common Elsewhere  Rank 2B. Plants Rare, Threatened, or Endangered in California, But More Common Elsewhere  Rank 3. Plants About Which More Information is Needed; A Review List  Rank 4. Plants of Limited Distribution; A Watch List
California Natural Communities
Sensitive natural communities are natural community types considered to be rare or of a “high inventory priority” by CDFW. Although sensitive natural communities have no legal protective status under FESA or CESA, they are provided some level of consideration under CEQA. Appendix G, Environmental Checklist, of the CEQA Guidelines identifies potential impacts on a sensitive natural community as one of six criteria to consider in determining the significance of a proposed project. While no thresholds are established as part of this criterion, it serves as an acknowledgement that sensitive natural communities are an important resource and, depending on their rarity, should be recognized as part of the environmental review process. The level of significance of a project’s impact on any particular sensitive natural community will depend on that natural community’s relative abundance and rarity.

As an example, a discretionary project that has a substantial adverse effect on any riparian habitat, native grassland, valley oak woodland, and/or other sensitive natural community would normally be considered to have a significant effect on the environment. Further loss of a sensitive natural community could be interpreted as substantially diminishing habitat, depending on its relative abundance, quality and degree of past disturbance, and the anticipated impacts to the specific community type.

9 California Native Plant Society, 2023, CNPS Rare Plant Ranks, https://www.cnps.org/rare-plants/cnps-rare-plant-ranks , accessed March 10, 2023.

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Oak Woodlands Conservation Act
The California Oak Woodlands Conservation Act 10 of 2001 acknowledges the importance of private land stewards hip to the conservation of the state’s valued oak woodlands. This act established the California Oak Woodlands Conservation Program, which aims to conserve oak woodlands existing in the state’s working landscapes by providing education and incentives to private landowners. The program provides technical and financial incentives to private landowners to protect and promote biologically functional oak woodlands.

Regional Regulations
County of San Benito 2035 General Plan
The San Benito 2035 General Plan provides a template for land use, development, and environmental quality in unincorporated areas of San Benito County. The Natural and Cultural Resources Element defines policies for management and conservation of open space, wildlife habitat, mineral, water, and other resources in San Benito County. Relevant goals from the Natural and Cultural Resources Element include the following:
 Goal NCR-1: To preserve and enhance valuable open space lands that provide wildlife habitat and conserve natural, historical, archaeological, paleontological, tribal, and visual resources of San Benito County.
 Goal NCR-2: To protect and enhance wildlife communities through a comprehensive approach that conserves, maintains, and restores important habitat areas.

Local Regulations
Hollister Municipal Code
The Hollister Municipal Code (HMC) includes various directives to minimize adverse impacts to biological resources in Hollister. The HMC is organized by title, chapter, and section. Most provisions related to biological resource impacts are included in Title 12, Streets, Sidewalks, and Public Places, as follows:
 Chapter 12.24, Street Trees. This chapter outlines a Street Tree ordinance for trees along publicly maintained streets, paved or unpaved, for the purpose of vehicle travel.  Section 12.24.050, Written Authority to Plant, Cut, Trim etc., Trees. This section states that “No person shall plant, root-trim, cut, prune, trim, brace, spray, remove or replace any street tree without prior written authority therefore issued by the director.” There are no regulations regarding trees on private property.

10 California Fish and Game Code Section 1360 et seq.

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EXISTING CONDITIONS
For the purposes of this chapter, the existing conditions described encompass the Planning Area, as described in Chapter 3, Project Description, of this Revised Draft EIR. This section provides a summary of the existing biological conditions in and near the Planning Area, which includes habitat types, special- status plant and animal species, sensitive habitats, and wildlife corridors. A detailed description of these existing conditions, including maps, is provided in the Biological Background Report, included in Appendix C, Biological Resources Data, of this Revised Draft EIR.

Habitat Types
The Planning Area is characterized by the broad alluvial plains of the San Benito River and Santa Ana Creek, surrounded by rolling grassland covered hills to the east, south, and southwest. Beginning in the early 1880s, the San Benito River Valley has been altered by grazing and agriculture, replacing the original riparian wetlands and grasslands. Today, most of the Planning Area has been highly modified for agricultural and urban uses. But scattered native riparian woodlands and scrub remain along segments of the San Benito River and Santa Ana Creek, and extensive grasslands occupy the surrounding hillside on the western slopes of Santa Ana Mountain and the northeast slopes of Fremont Peak and the Gabilan Mountains.

Figure 4.4-1, Land Cover, shows the extent of urbanization, agricultural crops, and remaining vegetative cover around the perimeter of the Planning Area, based on the National Land Cover Database of the United States Geological Survey (USGS). Estimates of various vegetation cover types are summarized in Table 4.4-1, Estimates of Land Cover Types in the Planning Area, based on the National Land Cover Database. In general, each cover type differs in its relative value as wildlife habitat and can be characterized by both vegetative cover and associated animal species that are dependent on that habitat, although some wildlife species may use more than one habitat type. A detailed description of each vegetation type is provided in the Biological Background Report in Appendix C, Biological Resources Data, of this Revised Draft EIR.

TABLE 4.4-1 ESTIMATES OF LAND COVER TYPES IN THE PLANNING AREA Land Cover Type Planning Area (acres)
Cultivated Crops 7,304
Hay Crops/Pasture 772
Developed - High Intensity 493
Developed - Low Intensity 1,958
Developed - Medium Intensity 2,964
Developed - Open Space 2,456
Forest - Evergreen 9
Forest - Mixed 84
Grassland/Herbaceous 10,416
Shrub/Scrub 908
Open Water 92
Wetlands - Emergent Herbaceous 409

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TABLE 4.4-1 ESTIMATES OF LAND COVER TYPES IN THE PLANNING AREA Land Cover Type Planning Area (acres)
Woody Wetlands (Riparian Woodland and Scrub) 168
Urban/Barren 21
Total 28,054
Source: United States Geological Survey, 2020.

Special-Status Species
Special-status species are defined as plants and animals legally protected under the FESA and/or CESA or other regulations, as discussed in Section 4.4.1.1, Regulatory Framework. Special-status species also include species that are considered rare enough by the scientific community and trustee agencies to warrant special consideration, particularly with regard to protection of isolated populations, nesting or den locations, communal roosts, and other essential habitat. Species with legal protection under FESA and CESA often represent major constraints to development, particularly when they are wide-ranging or highly sensitive to habitat disturbance and where proposed development would result in a “take” of these species.

The California Natural Diversity Database (CNDDB) is California’s primary inventory on the distribution of special-status species, which is maintained by the Biogeographic Data Branch of the CDFW. The CNDDB inventory provides the most comprehensive statewide information on the location and distribution of special-status species and sensitive natural communities. Occurrence data is obtained from a variety of scientific, academic, professional organizations, and private consulting firms and is entered into the inventory as expeditiously as possible. The occurrence of a species of concern in a particular region is an indication that an additional population may occur at another location if habitat conditions are suitable.

However, the absence of an occurrence in a particular location does not necessarily mean that special- status species are absent from the area in question, it only indicates that no data has been entered into the CNDDB inventory. Detailed field surveys are generally required to provide a conclusive determination on presence or absence of sensitive resources from a particular location, where there is evidence of potential occurrence.

For the purposes of this EIR, special-status species are defined as follows:
 Species that are listed, formally proposed, or designated as candidates for listing as threatened or endangered under FESA.
 Species that are listed, or designated as candidates for listing, as rare, threatened, or endangered under CESA.
 Plant species with a Rank of 1A, 1B, or 2 in the CNPS Inventory of Rare and Endangered Plants.  Animal species designated as “Species of Special Concern” or “Fully Protected” by the CDFW.  Species that meet the definition of rare, threatened, or endangered under Section 15380 of the CEQA Guidelines.
 Species considered to be a taxon of special concern by the relevant local agencies.

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Special-Status Plants
Review of the CNDDB, IPac resource list, and CNPS occurrence records indicate a total of 23 special-status plant species that have been reported from or in the vicinity of the Planning Area. These special-status plant species are listed in Table 4.4-2, Special-Status Plant Species Known or Suspected in the Planning Area, together with information on their status, description of typical habitat characteristics, and normal flowering season.

Of these 23 species, a total of six have actually been reported by the CNDDB within the Planning Area, as indicated on Figure 4.4-2, Special Status Plant Species. These consist of alkali milk-vetch (Astragalus tener var. tener), western Heermann’s buckwheat (Eriogonum heermannii var. occidentale), San Joaquin spearscale (Extriplex joaquiniana), Indian Valley bush-mallow (Malacothamnus aboriginum), hairless popcornflower (Plagiobothrys glaber), and saline clover (Trifolium hydrophilum).

The exact locations of most of these occurrences are unknown because of the vague descriptions and date of the historic records, so these are mapped as relatively broad occurrences within the Planning Area on Figure 4.4-2. Existing development limits the likelihood of continued occurrences of any populations of special-status plant species on the valley floor within the Planning Area, with the possible exception of riparian and wetland-dependent species that may occur along San Benito River corridor and other major drainages, or species associated with seasonal wetlands and native grasslands where suitable habitat remains.

Many of the special-status plant occurrences in the Planning Area are vulnerable to off-road vehicle use, disturbance associated with fire and fuel-reduction activities, competition with invasive species, and other threats. There remains a possibility that additional populations of one or more species occurs on the remaining undeveloped lands in the Planning Area. Detailed surveys would be required to provide confirmation on the presence or absence from undeveloped portions of the Planning Area where thorough studies have not been conducted.

Special-Status Animals
Based on a review of the CNDDB, the IPac resource list, and other sources, a total of 42 special-status animal species are known or suspected to potentially occur in the vicinity of the Planning Area. These special-status animal species are listed in Table 4 -4.3, Special-Status Animal Species Known or Suspected in the Planning Area, together with information on their status and description of typical habitat characteristics. As indicated on Figure 4.4-3, Special-Status Animal Species and Critical Habitat, a total of 19 of these special-status animal species have been reported by the CNDDB within the Planning Area.

These consists of Vernal pool fairy shrimp (Branchinecta lynchi), Pinnacles optioservus riffle beetle (Optioservus canus), Monterey hitch (Lavinia exilicauda harengus), Steelhead, south/central California coast (Oncorhynchus mykiss irideus), California tiger salamander, central population (Ambystoma californiense), California red-legged frog (Rana draytonii), Western spadefoot (Spea hammondii), Western pond turtle (Emys marmorata), San Joaquin coachwhip (Masticophis flagellum ruddocki), Tricolored blackbird (Agelaius tricolor), Western burrowing owl (Athene cuniculariaI), Swainson's hawk (Buteo swainsoni), California horned lark (Eremophila alpestrisactia), Prairie falcon (Falco mexicanus), Bank swallow (Riparia riparia), Western mastiff bat (Eumops perotis californicus), Western red bat (Lasiurus

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frantzii), American badger (Taxidea taxus), and San Joaquin kit fox (Vulpes macrotis mutica). Critical habitat has been designated by the USFWS for California tiger salamander (Ambystoma californiense) in the eastern foothills and for California red-legged frog (Rana draytonii) in the southern and southwestern foothills, as indicated on Figure 4.4-3.

Many of the special-status animal species listed in Table 4.4-3 may occasionally pass through or forage in the Hollister vicinity but are not known or believed to breed in the Planning Area. These include steelhead (Oncorhynchus mykiss irideus), golden eagle (Aquila chrysaetos), Swainson’s hawk (Buteo swainsoni), prairie falcon (Falco mexicanus), American peregrine falcon (Falco peregrinus anatum), merlin (Falco columbarius), California condor (Gymnogyps californianus), mountain plover (Charadrius montanus), western yellow-billed cuckoo (Coccyzus americanus occidentalis), bald eagle (Haliaeetus leucocephalus), and western red bat (Lasiurus blossevillii).

Most of the species listed in Table 4.4-3 without state and/or federal listing status are not closely monitored by the CNDDB and therefore occurrence records are typically not included in the database.

These include most of the species identified as Species of Special Concern by the CDFW. Special-status animal species known from the Planning Area of greatest concern because of their status or distribution are discussed in further detail herein.

California Tiger Salamander (Federally and State Threatened) California tiger salamander occurs in grassland and savanna habitat, breeding in vernal pools and swales, seasonal drainages, and human-made ponds, and spending most of the year in subterranean refugia, such as rodent burrows, cracks, and under rocks and logs. Adults migrate to suitable breeding locations with the onset of sustained rainfall and have been reported to move considerable distances. The migratory behavior of this species presents challenges when attempting to define occupied habitat for known populations or the effects of proposed development.

California tiger salamander have been reported from the periphery of the development core of Hollister, including the eastern hills, the plains along the San Benito River corridor, and even the vicinity of the Hollister airport. USFWS has designated the hillsides in the eastern hills, generally east of Fairview Road, as Critical Habitat, as indicated on Figure 4.4-3.

California Red-Legged Frog (Federally Threatened and California Species of Special Concern)
California red-legged frog has been extirpated or nearly extirpated from 70 percent of its former range.

Population declines of this species have been attributed to a variety of factors, with habitat loss and predation by non-native aquatic predators (e.g., bullfrogs, crayfish, other non-native fishes) typically implicated as the primary factors. California red-legged frogs occur in and along freshwater marshes, streams, ponds, and other semi-permanent water sources.

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TABLE 4.4-2 SPECIAL-STATUS PLANT SPECIES KNOWN OR SUSPECTED IN THE PLANNING AREA Scientific Name Common Name
Federal
Status State Status
CNPS Rare
Plant Rank Habitat
Arctostaphylos
gabilanensis
Gabilan Mountains
manzanita — — 1B.2 Granitic substrate in chaparral and cismontane woodland. Elevation (Elev):
984–2,297 feet (300–700 meters). Blooms: January.

Arctostaphylos pajaroensis Pajaro manzanita — — 1B.1 Sandy soils in chaparral. Elev: 98–2,493 feet (30–760 meters). Blooms:

December–March.

Arenaria paludicola Marsh sandwort FE SE 1B.1 Sandy openings in freshwater or brackish marshes and swamps. Elev: 10– 558 feet (3–170 meters). Blooms: May–August.

Astragalus tener var. tener Alkali milk-vetch — — 1B.2 Alkaline soils. Playas, valley and foothill grassland (adobe clay), and vernal pools. Elev: 3–197 feet (1–60 meters). Blooms: March–June.

California macrophylla Round-leaved filaree — — 1B.2 Clay soils in cismontane woodland and valley and foothill grasslands. Elev:
49 – 3,937 feet (15–1,200 meters). Blooms: March–May.

Castilleja rubicundula var.
rubicundula Pink creamsacs — — 1B.2
Serpentinite soils of chaparral opening, cismontane woodlands, meadows, seeps, and valley and foothill grasslands. Elev: 66–2,986 feet (20–910 meters). Blooms: April–June.

Centromadia parryi ssp.
congdonii Congdon’s tarplant — — 1B.1 Alkaline valley and foothill grasslands. Elev: 0–755 feet (0–230 meters).

Blooms: May–November.

Chorizanthe biloba var.
immemora Hernandez spineflower — — 1B.2 Chaparral and cismontane woodland. Elev: 1,969–2,625 feet (600–800 meters). Blooms: May–September.

Chorizanthe pungens var.
pungens Monterey spineflower FT — 1B.2
Sandy soils in maritime chaparral, cismontane woodland, coastal dunes, coastal scrub, and valley/foothill grasslands. Elev: 10–1,476 feet (3–450 meters). Blooms: April–August.

Deinandra halliana Hall’s tarplant — — 1B.2 Chenopod scrub, cismontane woodland, and valley and foothill grassland.

Elev: 260–950 feet (855–3,115 meters). Blooms: March–September.

Eriogonum heermannii
var. occidentale
Western Heermann's
buckwheat — — 1B.2
Often serpentine soils. Typically roadsides, alluvium floodplains; more rarely, clay or shale slopes. Found in openings in cismontane woodlands.

Elev: 345–2,608 feet (105–795 meters). Blooms: July–October.

Eriogonum nortonii Pinnacles buckwheat — — 1B.3
Sandy soils, often on recent burns, in chaparral, and valley and foothill grasslands. Elev: 984–3,199 feet (300– 975 meters). Blooms: April– September.

Eryngium aristulatum var.
hooveri Hoover’s button-celery — — 1B.1 Vernal pools. Elev: 10–148 feet (3–45 meters). Blooms: July–August.

Extriplex joaquinana San Joaquin spearscale — — 1B.2
Alkaline soils. Chenopod scrub, meadows and seeps, playas, valley and foothill grasslands. Elev: 3–2,740 feet (1–835 meters). Blooms: April– October.

Fritillaria liliaceae Fragrant fritillary — — 1B.2
Serpentinite soils in cismontane woodland, coastal prairie, coastal scrub, valley and foothill grassland. Elev: 10– 1,345 feet (3–410 meters). Blooms:

February– April.

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TABLE 4.4-2 SPECIAL-STATUS PLANT SPECIES KNOWN OR SUSPECTED IN THE PLANNING AREA Scientific Name Common Name
Federal
Status State Status
CNPS Rare
Plant Rank Habitat
Hoita strobalina Loma Prieta hoita — — 1B.1 Usually serpentinite, mesic soil in chaparral, cismontane woodland, riparian woodland. Elev: 98–2,822 feet (30–860 meters). Blooms: May–October.

Malacothamnus
aboriginum
Indian Valley bush-
mallow — — 1B.2
Rocky, granitic substrates, often in burned areas, in chaparral and cismontane woodland. Elev: 492–5,577 feet (150–1,700 meters). Blooms:

April–October.

Navarretia prostrata Prostrate vernal pool
navarretia — — 1B.2
Mesic areas in coastal scrub, meadows and seeps, vernal pools, and alkaline valley and grasslands. Elev: 10–3,970 feet (3–1,210 meters).

Blooms: April–July.

Plagiobothrys diffusus San Francisco popcorn-
flower — — 1B.1 Found in coastal prairies and valley and foothill grasslands. Elev: 197–1,181 feet (60–360 meters). Blooms: March–June.

Plagiobothrys glaber Hairless popcorn-
flower — — 1A Alkaline meadows and seeps, and coastal salt marshes and swamps. Elev:
49–591 feet (15–180 meters). Blooms: March–May.

Puccinelia simplex California alkali grass — — 1B.2
Alkaline and vernally mesic soils. Found in sinks, flats and lake margins.

Chenopod scrub, meadows and seeps, valley and foothill grassland, vernal pools. Elev: 7–3,051 feet (2–930 meters). Blooms: March–May.

Streptanthus albidus ssp.
peramoenus
Most beautiful jewel-
flower — — 1B.2
Serpentinite soil in chaparral, cismontane woodland, valley, and foothill grassland. Elev: 312–3,281 feet (95–1,000 meters). Blooms: March– October.

Trifolium hydrophilum Saline clover — — 1B.2 Marshes & swamps, valley & foothill grassland (mesic, alkaline), and vernal pools. Elev: 0–984 feet (0–300 meters). Blooms: April–June.

Key: Federal and State Status
(FC) Federal Candidate
(FD) Federally Delisted
(FE) Federal Endangered
(FP) Fully Protected
(FT) Federal Threatened
(PT) Proposed Threatened
(SCE) State Candidate Endangered
(SCT) State Candidate Threatened
(SE) State Endangered
(SR) State Rare
(SSC) State Species of Special Concern
(ST) State Threatened
(X) Federally Designated Critical Habitat
CNPS Rare Plant Rank
Rareness Ranks
(1A) Presumed Extinct in California
(1B) Rare, Threatened, or Endangered in California and Elsewhere (2B) Rare, Threatened, or Endangered in California, But More Common Elsewhere

Threat Ranks
(0.1) Seriously Threatened in California
(0.2) Fairly Threatened in California
(0.3) Not Very Threatened in California
Source: California Natural Diversity Database, 2024; California Native Plant Society Rare Plant Inventory, 2024.

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TABLE 4.4-3 SPECIAL-STATUS ANIMAL SPECIES KNOWN OR SUSPECTED IN THE PLANNING AREA Scientific Name Common Name Federal Status State Status Habitat Invertebrates
Branchinecta lynchi Vernal pool fairy shrimp FT — Found in vernal pools and ephemeral wetlands. Distributed throughout the Central Valley and suitable habitat in Bay Area and Coast Ranges.

Linderiella occidentalis California linderiella — —
Optioservus canus Pinnacles optioservus
riffle beetle — — Small beetle occurring in flowing streams and rivers. Endemic to Pinnacles and surrounding areas.

Fish
Lavinia exilicauda Sacramento hitch — SSC Found in warm lowland waters with side pools and riffles. Spawning occurs in gravel riffles of streams that are tributaries to larger waters such as lakes, rivers, and sloughs.

Lavinia exilicauda
harengus Monterey hitch — SSC Found in warm lowland waters with side pools and riffles. Spawning occurs in gravel riffles of streams that are tributaries to larger waters such as lakes, rivers, and sloughs.

Oncorhynchus mykiss
irideus
Steelhead, south/central
California coast FT — Anadromous species found in accessible rivers and streams of central coast for spawning and returns to ocean as young adult.

Amphibians
Ambystoma californiense
California tiger
salamander, central
population

FT/X ST/WL
Occurs in grasslands of the Central Valley and oak savannah communities in the Central Valley, the Sierra Nevada and Coast Ranges, and the San Francisco Bay Area. Needs seasonal or semi-permanent wetlands to reproduce, and terrestrial habitat with active ground squirrel or gopher burrows.

Rana draytonii California red-legged frog FT/X SSC
Found mainly near ponds in riparian woodlands, grasslands, coastal scrub, and streamsides with emergent vegetation. Most common in lowlands or foothills. Frequently found in woodlands adjacent to streams. Breeding habitat is in permanent or ephemeral water sources; lakes, ponds, reservoirs, slow streams, marshes, bogs, and swamps. Ephemeral wetland habitats require animal burrows or other moist refuges for estivation when the wetlands are dry.

Spea hammondii Western spadefoot PT SSC
Occurs in open areas with sandy or gravelly soils, in a variety of habitats ranging from grasslands and woodlands to floodplains, alluvial fans, and alkali flats. Rainpools that do not contain bullfrogs, fish, or crayfish are necessary for breeding.

Taricha torosa Coast Range newt — SSC Found in wet forests, oak forests, chaparral, and rolling grasslands. In Southern California, drier chaparral, oak woodland, and grassland are used.

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4.4-16 JULY 2024
TABLE 4.4-3 SPECIAL-STATUS ANIMAL SPECIES KNOWN OR SUSPECTED IN THE PLANNING AREA Scientific Name Common Name Federal Status State Status Habitat Reptiles
Anniella pulchra Silvery legless lizard — SSC Occurs in sparsely vegetated areas of beach dunes, chaparral, pine-oak woodland, desert scrub, sandy washes, and stream terraces.

Emys marmorata Western pond turtle PT SSC
Found in ponds, lakes, rivers, streams, creeks, marshes, and irrigation ditches, with abundant vegetation, and either rocky or muddy bottoms, in woodland, forest, and grassland. In streams, prefers pools to shallower areas. Logs, rocks, cattail mats, and exposed banks are required for basking.

Gambelia sila Blunt-nosed leopard lizard FE SE Occurs in grasslands, alkali flats, and washes. Prefers flat areas with open space for running, avoids densely vegetated areas. Uses mammal dens and burrows for cover.

Masticophis flagellum
ruddocki San Joaquin coachwhip — SSC Occurs in open, dry, treeless areas, including grassland and saltbush scrub. Takes refuge in rodent burrows, under shaded vegetation, and under surface objects.

Phrynosoma blainvilli Coast horned lizard — SSC Occurs in valley-foothill hardwood, conifer, and riparian habitats, as well as in pine- cypress, juniper, and annual grassland habitats.

Birds
Agelaius tricolor Tricolored blackbird — ST/SSC
Nests in wetlands or in dense vegetation near open water. Dominant nesting substrates:
cattails, bulrushes, blackberry, agricultural silage. Nesting substrate must either be flooded, spinous, or in some way defended against predators.

Aquila chrysaetos Golden eagle — FP/WL Uncommon resident and migrant throughout California, except center of Central Valley.

Habitat typically includes rolling foothills, mountains, sage-juniper flats, and desert.

Athene cunicularia Western burrowing owl — SSC
Occurs in grasslands, open scrub, desert, agricultural fields, and vacant land with open, flat expanses, short/sparse vegetation and few shrubs, level to gentle topography and well- drained soils. Requires underground burrows or cavities for nesting and roosting, but also uses rock cavities, debris piles, pipes, and culverts.

Accipiter cooperii Cooper’s hawk — WL
Forages in habitat fringes and patchy woodlands. Occurs in dense stands of oak, riparian, and other forested areas near water. Breeds in dense stands of oak woodland or riparian.

Buteo swainsoni Swainson's hawk — ST Nests in stands with few trees in riparian areas, juniper-sage flats, and oak savannah in the Central Valley. Forages in adjacent grasslands, agricultural fields, and pastures.

Charadrius montanus Mountain plover — SSC Frequents open plains with low, herbaceous or scattered shrub vegetation.

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TABLE 4.4-3 SPECIAL-STATUS ANIMAL SPECIES KNOWN OR SUSPECTED IN THE PLANNING AREA Scientific Name Common Name Federal Status State Status Habitat Circus hudsonius Northern harrier — SSC
Widespread in open grasslands, marshes, and agricultural fields with low, thick vegetation.

During winter, uses a range of habitats with low vegetation, including deserts, pasturelands, croplands, grasslands, and ruderal fields.

Coccyzus americanus
occidentalis
Western yellow-billed
cuckoo FT SE
Requires large, dense tracts of riparian woodland with well-developed understories. Occurs in deciduous trees or shrubs. Restricted to moist habitats along slow-moving waterways during breeding season.

Elanus leucurus White-tailed kite — FP
Found in wide variety of open habitats, including open oak savanna, grasslands, desert grassland, agricultural fields, and marshes. Requires trees for perching and nesting, and open ground with high prey populations.

Empidonax traillii extimus Southwestern willow
flycatcher FE SE Dense riparian forest and scrub habitats associated with rivers, swamps, wetlands, lakes, and reservoirs.

Eremophila alpestrisactia California horned lark — WL Found often in treeless areas such as grasslands and sparsely vegetated open areas. Sea level to alpine dwarf-scrub habitat. Forages along the ground for small prey and forbs.

Falco columbarius Merlin — WL
Occurs in California during winter from September to May. Found along coastlines, grasslands, savannahs, woodlands, lakes, wetlands, and habitat fringes. Often in open habitats at low elevations near water and tree. Does not breed in California.

Falco mexicanus Prairie falcon — WL
Ranges from Central Valley, Sierra Nevada, and Coast Ranges to southeastern deserts. Most commonly found in perennial grasslands, savannahs, rangeland, agricultural fields, and desert scrub. Forages in open areas and uses nearby cliff ledges, canyons, or outcrops for cover and nesting.

Gymnogyps californianus California condor FE SE/FP
Chaparral, coniferous forest and oak savannah in Southern and Central California. Nests in cliff cavities, large rock outcrops, or large trees. Roosts on large cliffs or trees near feeding areas.

Haliaeetus leucocephalus Bald eagle FD SE/FP Requires large bodies of water or rivers with abundant fish, and adjacent snags and trees with open branch structure for nesting.

Icteria virens Yellow-breasted chat — SSC
Nests in early-successional riparian habitats with a well-developed shrub layer and an open canopy. Restricted to narrow border of streams, creeks, sloughs, and rivers. Often nest in dense thicket plants, such as blackberry and willow.

Lanius ludovicianus Loggerhead shrike — SSC Breeds in shrublands or open woodlands with a fair amount of grass cover and areas of bare ground.

Riparia riparia Bank swallow — ST Found along riparian areas with sandy, vertical bluffs or riverbanks for nesting burrows. Also nests on banks and stockpiles in sand and gravel pits.

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4.4-18 JULY 2024
TABLE 4.4-3 SPECIAL-STATUS ANIMAL SPECIES KNOWN OR SUSPECTED IN THE PLANNING AREA Scientific Name Common Name Federal Status State Status Habitat Setophaga petechia Yellow warbler — SSC Occurs in riparian vegetation along streams and in wet meadows. Willow cover and Oregon ash important predictors of abundance in Northern California.

Vireo bellii pusillus Least Bell's vireo FE SE Obligate riparian breeder found along watercourses with cottonwood, willow, oak woodlands, and scrub cover.

Mammals
Antrozous pallidus Pallid bat — SSC Day roosts in caves, crevices, mines, and occasionally in hollow trees and buildings.

Corynorhinus townsendii Townsend’s big-eared bat — SCC Typically roosts in caves but also in old mine tunnels and occasionally found in buildings.

Eumops perotis
californicus Western mastiff bat — SSC
Found in open, semi-arid to arid habitats, including conifer and deciduous woodlands, coastal scrub, grasslands, chaparral, desert scrub, and urban areas. Roosts in crevices on vertical cliff faces, high buildings, trees, and tunnels.

Lasiurus frantzii Western red bat — SSC Roosting habitat includes forests and woodlands, often in edge habitats adjacent to streams, fields, or urban areas.

Neotoma fuscipes
annectens
San Francisco dusky-
footed woodrat — SSC Found in grassland, scrub, and wooded areas with evergreen or live oaks and other thick- leaved trees and shrubs.

Taxidea taxus American badger — SSC Occurs in grasslands, open shrub, and forests cover with friable soils. Associated with treeless regions, prairies, parklands, and cold desert areas.

Vulpes macrotis mutica San Joaquin kit fox FE ST
Occurs in grasslands and desert-like habitats characterized by sparse or absent shrub cover, sparse groundcover, and short vegetative structure. Areas having open, level, sandy ground necessary for dens.

Key: Federal and State Status
(FC) Federal Candidate
(FD) Federally Delisted
(FE) Federal Endangered
(FP) Fully Protected
(FT) Federal Threatened
(PT) Proposed Threatened
(SCE) State Candidate Endangered
(SCT) State Candidate Threatened
(SE) State Endangered
(SR) State Rare
(SSC) State Species of Special
Concern
(ST) State Threatened
(WL) CDFW Watch List
(X) Federally Designated Critical
Habitat
Source: California Natural Diversity Database, 2024.

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4.4-20 JULY 2024
According to the CNDDB records, occurrences of California red-legged frogs have been reported within the Planning Area along the San Benito River, Santa Ana Creek, and drainages with suitable habitat in the eastern and southwestern hills. Suitable habitat remains in other locations with freshwater bodies where predatory species haven’t precluded their occupation. Designated critical habitat for this species occurs in the southern and southwestern portion of the Planning Area, extending south of Tres Pinos through the Gabilan Mountains, as indicated on Figure 4.4-3.

Western Spadefoot (California Species of Special Concern) This nocturnally active toad is generally associated with seasonal pools in grasslands or open mixed woodlands where temporary pools form, or in washes or temporary streams with sandy or gravelly substrate. For most of the year, they live in burrows that they dig with their hind feet. They depend on heavy rainfall during the winter and early spring where water ponds and creates suitable habitat conditions for breeding and metamorphosis of young. As indicated on Figure 4.4-3, numerous occurrences of this species are found in the eastern hills of the Planning Area, in similar habitat known to support California tiger salamander.

Western Pond Turtle (California Species of Special Concern) Western pond turtles occur in a wide variety of aquatic habitats, including ponds, lakes, marshes, rivers, streams, and canals that typically have a rocky or muddy bottom and contain stands of aquatic vegetation.

The presence or absence of pond turtles at a given aquatic site is largely dependent on the availability of suitable basking sites and adjacent upland habitat for egg-laying (e.g., sandy banks or grassy open fields) and over-wintering. Nests are typically dug in dry substrate with a high clay or silt fraction since the female moistens the site where she will excavate the nest prior to egg-laying. Hatchlings require shallow water habitat with relatively dense submergent or short emergent vegetation in which to forage. Western pond turtles have been reported from scattered locations with suitable habitat in the Planning Area, as indicated on Figure 4.4-3. Other freshwater bodies and drainages with deep pools may provide suitable habitat for this species.

Tricolored Blackbird (State Threatened and California Species of Special Concern) Tricolored blackbird was once widespread in marshes and agricultural fields in the Central Valley and valleys of the inner Coast Range, but numbers have diminished in recent years. It usually nests in cattails or tules, sometimes in thickets of willow, blackberry, and other riparian habitat near available surface water. Due to the absence of well-developed marshland vegetation, suitable nesting habitat is generally absent in most of the Planning Area. However, several occurrences of tricolored blackbird have been reported by the CNDDB along the San Benito River corridor, as indicated on Figure 4.4-3.

Western Burrowing Owl (California Species of Special Concern) Western burrowing owl inhabits open grasslands and shrublands that have perches and burrows. These owls eat mainly insects, with small mammals and birds also making up a portion of their diet. The owls use old rodent burrows, particularly California ground squirrel burrows, for cover and breeding. They are also known to use pipes, debris piles, and other human-made structures for retreat and nesting. As

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indicated on Figure 4.4-3, this species has been reported by the CNDDB from the open grasslands in the eastern hillsides and agricultural fields in the Planning Area.

Swainson’s Hawk (State Threatened)
Swainson’s hawks are commonly found in the Central Valley and Great Basin area of northeastern California. They only require a small thicket of trees for nesting, often peripheral to riparian systems and typically starts the breeding season in March and April. They will also use lone trees in agricultural fields or pastures when available and adjacent to foraging habitats. As shown on Figure 4.4-3, CNDDB has reported occurrences of Swainson’s hawks in the northern and eastern portions of the Planning Area near streams and rivers.

Bank Swallow (State Threatened)
Bank swallow is a migrant species found primarily in riparian and other lowland habitat of California, arriving from South America in early April and leaving by mid-September. Typically a colonial breeder, this species requires vertical banks and cliffs with fine-textured or sandy soils along stream banks, rivers, ponds, and other bodies of water for nesting, where it excavates a hole for breeding. Although it generally nests along exposed channel banks, stockpiled or exposed topsoil in gravel mines and even trenches have been used for nesting. It is known to colonize the vertical faces of trenches within one day of excavation.

This species was once believed to be more common as a breeder in California, but now only a few larger colonies remain. As indicated on Figure 4.4-3, the CNDDB reports an occurrence of this species along San Benito River in the western portion of the Planning Area.

American Badger (California Species of Special Concern) American badger is usually found in open, dry country of western North America. This predator species relies on ground-dwelling rodents, such as California ground squirrel, voles, and pocket gopher as its primary prey source, and will excavate burrows to capture prey. The rolling grasslands in the eastern, southern, and southwestern portions of the Planning Area provide suitable habitat for this species, and several occurrences have been reported by the CNDDB, as indicated on Figure 4.4-3.

San Joaquin Kit Fox (Federally Endangered and State Threatened) San Joaquin kit fox occurs in annual grasslands and alkali scrub communities with suitable prey base and loose-textured sandy soils where dens can be enlarged from California ground squirrel burrows. This species was once widely distributed throughout the native grasslands that formerly occupied the low rolling hills around the San Joaquin, Salinas, Santa Clara, and San Benito Valleys. Agricultural operations and more recently, urban development, have eliminated or fragmented their habitat, resulting in a substantial decline in numbers.

Suitable foraging habitat occurs in the hillsides around the perimeter of the Planning Area, particularly where ground squirrels are abundant. As indicated on Figure 4.4-3, CNDDB records include occurrences of this subspecies in the southwestern, southeastern, and eastern margins of the Planning Area where development remains sparse. Ground squirrel burrows with openings of at least four inches are typically considered potential dens for kit fox by the USFWS in areas occupied by San Joaquin kit fox.

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Northern Harrier (California Species of Special Concern) Northern harriers are widespread in California, although they have become uncommon in the southern part of the state. Their preferred habitats are freshwater wetlands and saltmarshes, although they are also commonly found over grasslands and agricultural fields. Harriers breed from mid-March to September, building their nests on the ground and in low vegetation. Suitable foraging habitat for northern harriers are present in the remaining grasslands and open croplands in the Planning Area, although nesting opportunities are limited because of the presence of humans and generally limited nesting areas along field margins.

White-tailed Kite (California Fully Protected Species)
Most white-tailed kites in California occur west of the Sierra Nevada in lowlands and foothills, where they are often seen year-round. This species tends to nest in solitary trees and large shrubs near suitable foraging habitat, such as grasslands, marshes, and agricultural fields. Preferred prey items include California voles and mice.

The grasslands and open croplands in the Planning Area provide foraging habitat for white-tailed kites, where scattered trees and large shrubs are present in the vicinity to provide suitable perching and nesting locations. Nests of white-tailed kite in active use are fully protected by the CDFW from any disturbance.

Nests of native birds, including raptors such as white-tailed kite, are protected under the federal MBTA and CFGC (see Section 4.4.1.1, Regulatory Framework).

Sensitive Natural Communities
The CDFW tracks the occurrences of “special” plant communities that are either known or believed to be of high priority for inventory in the CNDDB. These plant communities are listed in the CDFW List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Database publication,11 which has been updated periodically since and available online on CDFW’s website. These communities are sometimes addressed by lead or trustee agencies, but generally are not afforded the same protection as CNPS Rank 1B and 2 plant species. Many sensitive natural community types support special-status plants and animals and are addressed under CEQA as essential habitat for those species.

Sensitive natural community types in the Planning Area include remnant native grasslands, wetlands, and possibly some areas with forest and scrub cover. The vegetated wetland types (Emergent and Forested/Scrub) shown on Figure 4.4-4, National Wetland Inventory Map, are most likely considered sensitive natural community types associated with waters regulated by state and federal agencies (see Section 4.4.1.1, Regulatory Setting). These include emergent marshland, willow scrub, and well-developed stands or riparian woodland along the San Benito River, segments of Santa Ana Creek, and some reaches of tributary drainages.

11 California Department of Fish and Game, 2003. List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Database. Wildlife and Habitat Data Analysis Branch, Vegetation Classification and Mapping Program, California Department of Fish and Game, Sacramento. Last updated in January 2023.

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Based on the Manual of California Vegetation 12 classification system and latest list of terrestrial natural communities prepared by CDFW, sensitive natural community types known from or suspected to occur in the Planning Area include several associations of Black Oak Forests and Woodlands, California Bay Forests and Woodlands, California Buckeye Woodlands, several associations of Coyote Brush Scrub, freshwater marsh, freshwater seeps and springs, and numerous alliances of native grasslands. Occurrences of these sensitive natural community types may be present within the remaining woodland, forest, and grasslands in the Planning Area, but have not been mapped as part of the Vegetation Classification and Mapping Program (VegCAMP) of the CDFW or other regional mapping efforts. Detailed surveys would be required to provide confirmation on presence or absence of any sensitive natural community types from undeveloped portions of the Planning Area where thorough studies have not been conducted.

Wetlands and Jurisdictional Waters
According to the USACE, wetlands are areas that are periodically or permanently inundated by surface or groundwater and support vegetation adapted for life in saturated soil. Wetlands include swamps, marshes, bogs, and similar areas. As a significant natural resource, wetlands serve important functions for fish and wildlife.

Wetland functions include food chain production, habitat, nesting spawning, rearing, and resting sites for aquatic and land species. They also provide protection of other areas from storm and floodwaters; natural recharge areas where ground and surface water are interconnected; and natural water filtration and purification functions.13 A formal jurisdictional delineation of wetlands and other waters of the U.S. and State was not conducted for the Planning Area. However, based on information available from the National Wetlands Inventory, numerous features can be assumed to fall under jurisdiction of the USACE and the RWQCB pursuant to Sections 401 and 404 of the federal Clean Water Act and as State waters regulated by the RWQCB under the Porter-Cologne Water Quality Control Act. Creeks and lakes are also regulated by the CDFW, pursuant to Section 1600 of the CFGC, with jurisdiction extending to the top of bank or the outer dripline of riparian vegetation along these features, whichever is greater.

As indicated on Figure 4.4-4, features within the Planning Area that would be considered wetlands or other waters of the U.S. by the USACE include the San Benito River corridor, Santa Ana Creek, and numerous smaller tributary drainages. Additional jurisdictional other waters of the U.S. and wetlands maybe be present elsewhere in the Planning Area, but detailed site-specific assessments would be required to confirm presence or absence from undeveloped lands. As described in Section 4.4.1.1, Regulatory Setting, the USACE, RWQCB, and CDFW generally exercise authority over these wetland habitat types.

A detailed wetland delineation and verification by the USACE would be required to determine the extent of jurisdictional wetlands on sites where modifications are proposed. Federally regulated waters along the San Benito River and tributary drainages in the Planning Area (see Figure 4.4-4) are generally defined by

12 Sawyer, J.O. and T. Keeler-Wolf. 1995. A Manual of California Vegetation. California Native Plant Society, Sacramento. 13 US Army Corps of Engineers, 2020, Headquarters Website, Regulatory Program and Permits, https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Frequently-Asked-Questions , accessed December 16, 2020.

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the Ordinary High-Water Mark rather than the band of any adjacent riparian vegetation, limiting USACE jurisdiction where dense willow riparian scrub and forest extend a considerable distance from the channel bank. However, the limits of State waters regulated by CDFW and RWQCB typically encompass both the bed and bank of a drainageway, as well as the limits of the associated riparian vegetation where it extends beyond the top of bank. Both agencies typically request that an adequate setback be provided to avoid both direct and indirect impacts on riparian corridors as part of environmental review for specific development plans.

4.4.2 STANDARDS OF SIGNIFICANCE
The EIR Study Area is not within any local, regional, or State HCP areas. Therefore, the proposed project would not conflict with the conservation strategy in any HCP or Natural Community Conservation Plan, and the following standard is not discussed further in this EIR:
 Conflict with the provisions of an adopted Habitat Conservation Plan; Natural Community Conservation Plan; or other approved local, regional, or state habitat conservation plan.

Implementation of the proposed project would result in a significant impact related to biological resources if it would:

1. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS.

2. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFW or USFWS.

3. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrologic interruption, or other means.

4. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites.

5. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.

6. In combination with past, present, and reasonably foreseeable projects, result in a cumulative impact with respect to biological resources.

4.4.3 IMPACT DISCUSSION
As described in Chapter 4, Environmental Analysis, of this Revised Draft EIR, some proposed 2040 General Plan policies and actions are required as means to mitigate environmental impacts under CEQA. These policies and actions are fully enforceable at the discretion of the decision-maker through permit conditions, agreements, or other legally binding instruments. These mitigating policies and actions use the imperative “shall,” include performance criteria, and are marked with an asterisk (*).

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BIO-1 Implementation of the proposed project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS.
2040 General Plan
Local, regional, state, and federal regulations provide varying levels of protection for special-status species, depending on a number of factors, including legal protective status, rarity and distribution, the magnitude of the potential impact on essential habitat, specific occurrence and overall population levels, and take of individual plants or animals. Activities requiring discretionary approvals by local, regional, state, and federal agencies provide for the greatest oversight because each potential future development that could occur from implementation of the proposed 2040 General Plan must be evaluated for their potential impact on special-status species and other sensitive biological resources.

As indicated in Table 4.4-2, a total of 23 special-status plant species occur within or in the vicinity of the Planning Area, while a total of six have reported occurrences monitored by the CNDDB that occur within the Planning Area. These consist of alkali milk-vetch, western Heermann’s buckwheat, San Joaquin spearscale, Indian Valley bush-mallow, hairless popcornflower, and saline clover. As shown in Table 4.4-2, none of these six species have any listing status under the FESA and CESA, but all have a rare plant rank of 1A or 1B and are considered rare, threatened, or endangered in California and elsewhere and therefore warrant consideration during CEQA review.

Table 4.4-3 lists a total of 42 special-status animal species are known or suspected to potentially occur in the vicinity of the Planning Area. As indicated on Figure 4.4-3, a total of 19 of these special-status animal species that are monitored more closely by the CNDDB have been reported within the Planning Area. As shown in Table 4.4-3, these have varied legal status or are considered Species of Special Concern by the CDFW. A few have no special status but are monitored by the CDFW because of recent declines and abundance. Critical habitat has been designated by the USFWS for California tiger salamander and California red-legged frog that extend over portions of the Planning Area, as indicated on Figure 4.4-3.

As discussed in Chapter 4, Environmental Analysis, of this Revised Draft EIR, potential future development within the City Limits under the proposed 2040 General Plan would largely occur on vacant parcels and in the form of infill/intensification on sites either already developed and/or underutilized, and/or in close proximity to existing development, where special-status species are generally not expected to occur. The potential for occurrence of special-status species in developed areas is generally very remote in comparison to undeveloped lands with natural habitat that contain essential habitat characteristics for the range of species known in the EIR Study Area vicinity. However, potential future development within the SOI under the proposed 2040 General Plan is likely to be on previously undeveloped land, including those in areas along the riparian corridors of the San Benito River and Santa Ana Creek and in scattered locations where intensive disturbance has not occurred and essential habitat for some special-status species may be present. Conversion of existing habitat to urban and suburban uses could reduce available habitat for special-status species known from or expected to occur in the EIR Study Area, including listed

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species such as California tiger salamander, California red-legged frog, and San Joaquin kit fox. There remains a varying potential for loss or disruption to special-status species due to conversion of areas of natural habitat, removal of trees and other vegetation, increases in light and noise, and other modifications and disturbance. Development in locations with remaining natural habitat, abutting or in the vicinity of open space lands or water resources, where special-status species are more likely to occur, could potentially cause a significant impact to, or cause the inadvertent loss of bird nests in active use, conflicting with both the MBTA and CFGC.

The proposed Natural Resource and Conservation (NRC) Element of the 2040 General Plan contains goals, policies, and actions that require local planning and development decisions to consider impacts to biological resources, including special-status species, on a project-by-project basis. The following proposed 2040 General Plan goals, policies, and actions would serve to minimize potential adverse impacts on sensitive habitats and special-status species in the EIR Study Area:

Goal NRC-1: Ensure enhanced habitat for native plants and animals, and protection for culturally significant and special-status species. (Goal NRC1)
 Policy NRC-1-1: Protection of Environmental Resources. Protect or enhance environmental resources, such as wetlands, creeks and drainage-ways, sensitive natural communities, and habitat for special- status species. (Policy NRC1.1)
 Policy NRC-1.2: Protection of Special-Status Species Habitat and Sensitive Natural Communities.

Identify and protect the habitats of special-status species and sensitive natural communities that may found in the Hollister Planning Area, in cooperation with the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife, through the review of development proposals for compliance with regulations of these agencies and the California Environmental Quality Act. (Policy NRC1.2)
 Policy NRC-1.3: Other Habitat Planning Measures. Use regional planning concepts, such as mitigation banking, to offset the cumulative effects of piecemeal development on the habitat of special-status species. (Policy NRC1.4)
 *Policy NRC-1.4: Specialized Surveys for Special-Status Species and Sensitive Natural Communities.

Require that sites with suitable natural habitat, including creek corridors through urbanized areas, be surveyed for special-status species and sensitive natural communities prior to development approval as part of the environmental review process. Such surveys shall be conducted by a qualified biologist and occur prior to development-related vegetation removal. All surveys shall take place during appropriate seasons to determine presence or absence, including nesting or breeding occurrences, with a determination on whether the project site contains suitable habitat for such species and sensitive natural community types. These results would inform the site assessment and environmental review process for proposed developments and other activities that could adversely affect special-status species. (Policy NRC1.7)
 *Policy NRC-1.5: Biological Site Assessment. Require a biological resource assessment for proposed development on sites with natural habitat conditions that may support special-status species, sensitive natural communities, or regulated wetlands and waters. The assessment shall be prepared prior to project approval and conducted by a qualified biologist to determine the presence or absence

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of any sensitive resources that could be affected by proposed development, shall provide an assessment of the potential impacts, and shall define measures for protecting the resource and surrounding buffer habitat, in compliance with City policy and state and federal laws. An assessment shall not be necessary for locations where past and existing development have eliminated natural habitat and the potential for presence of sensitive biological resources and regulated waters. (new)  *Policy NRC-1.6: Mitigation of Potential Impacts on Special-Status Species and Sensitive Habitat Areas.

Require that potential significant impacts on special-status species, occurrences of sensitive natural communities, or regulated wetlands and waters be minimized through adjustments and controls on the design, construction, and operations of a proposed project prior to project approval. Where impacts to these sensitive biological habitat areas are unavoidable, appropriate compensatory mitigation shall be required by the City. Such compensatory mitigation shall be developed and implemented in accordance with City policy and any relevant state and federal regulations. These may include on-site set asides, off-site acquisitions (conservation easements, deed restrictions, etc.), and specific restoration efforts that benefit the special-status species and sensitive habitat areas. (new)  *Policy NRC-1.7: Preconstruction Surveys for the San Joaquin Kit Fox. Require preconstruction surveys for the San Joaquin kit fox prior to project approval, in accordance with the U.S. Fish and Wildlife Service Guidelines for Preconstruction Surveys for the endangered San Joaquin kit fox, for new developments in the County-designated kit fox habitat area. Development within the habitat area boundaries shall be assessed an impact fee by the County for every home or acre developed. (new)  *Policy NRC-1.8: California Red-Legged Frog and California Tiger Salamander Site Assessments.

Require site assessments by a qualified biologist to evaluate the potential for proposed projects in identified Critical Habitat areas for the California red-legged frog and/or California tiger salamander to have a negative effect on these species. Such assessments shall be prepared prior to project approval and identify any high-quality habitat for these species and shall be peer reviewed by a second qualified biologist. Protocol surveys may be warranted to confirm presence or absence of these species based on the results of the habitat assessment. Development in areas with identified high- quality occupied habitat shall be avoided. High-quality habit includes sites known to be occupied by the species, breeding habitat, large areas of suitable habitat, and the absence of nearby development. (new)
 *Policy NRC-1.9: Surveys and Mitigation for Burrowing Owls. Require project applicants with proposed projects on grazing or fallow agricultural land to conduct a survey for burrowing owls in accordance with the latest guidelines of the California Department of Fish and Wildlife prior to project approval.

Project applicants in the Fairview Road/Santa Ana Road area shall be required to develop and implement a mitigation plan to avoid or otherwise compensate for any disturbance to the burrowing owl colony in that area. This plan shall be developed in coordination with the California Department of Fish and Wildlife. (Implementation Measure NRC.G & NRC.I)  *Policy NRC-1.10: Preconstruction Surveys for Nesting Birds. Require preconstruction surveys for nesting native birds, to be conducted prior to site disturbance by a qualified biologist, for those projects that would affect on-site oaks or orchards, or which would involve vegetation removal and construction during the nesting season (February 1 to August 31). Hollister shall allow no construction activities that would result in the disturbance of an active native bird nest (including tree removal) to

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proceed until after it has been determined by a qualified biologist that the nest has been abandoned. (Implementation Measure NRC.U)
 Policy NRC-1.11: Maintain a List of Species. Maintain current California Natural Diversity Database digital (Geographic Information System) maps and data tables listing threatened, endangered, and special-status species in the Hollister Planning Area. (Implementation Measure NRC.F)  Policy NRC-1.12: Riparian Habitat. Maintain existing riparian areas in their natural state to provide for wildlife habitat, groundwater percolation, water quality, aesthetic relief, and recreational uses that are environmentally compatible with wetland preservation. (Policy NRC1.5)  *Policy NRC-1.13: Wetland Preservation. Require appropriate public and private wetlands preservation, restoration, and/or rehabilitation through compensatory mitigation in the development process for unavoidable impacts. Continue the City’s practice of requiring mitigation for projects that would affect wetlands in conjunction with requirements of state and federal agencies. (Implementation Measure NRC.V and Policy NRC1.5)
 *Policy NRC-1.14: Wetlands Delineation. Require a delineation of jurisdictional waters by a qualified wetland specialist at the outset of the project planning stage of any proposed development that may contain wetlands or other regulated waters. This delineation shall be verified and approved by the U.S. Army Corps of Engineers or the Regional Water Quality Control Board where federally regulated waters are absent prior to project approval. (Implementation Measure NRC.X)  Policy NRC-1.15: Wetland Avoidance. Encourage development projects, which may result in the disturbance of delineated seasonal wetlands and other regulated waters, to be redesigned to avoid such disturbance or to provide adequate compensatory mitigation where avoidance is not feasible. (Policy NRC1.5)
 Policy NRC-1.16: Enhancement of Creeks and Drainageways. Support enhancement of drainageways to improve their function as wildlife habitat, wildlife corridors, and storm drainage facilities. Require setbacks, creek enhancement, and associated riparian habitat restoration/creation for projects adjacent to creeks to maintain storm flows, reduce erosion and maintenance needs, and improve habitat values. Require all new structures and paved surfaces to be set back from wetlands and creeks. Exceptions may be granted under extenuating circumstances and if also approved by responsible resource agencies. (Policy NRC1.6)
 Policy NRC-1.17: Tree Preservation . Preserve and protect heritage trees and other trees of importance. (new)
 Policy NRC-1.22: Native Trees and Riparian Habitat. Ensure protection of native trees and riparian habitat. (new)
 Policy NRC-1.23: Non-Native Plants. Prohibit the planting of invasive, non-native plant species in natural habitats that support special-status species. (new)  Action NRC-1.1: Riparian Habitat Setbacks. Amend the Zoning Code to establish setback requirements from wetlands and creeks. (new)

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Because potential future development under the proposed 2040 General Plan has the potential to occur where there is habitat for special-status species and sensitive natural communities, including wetlands and nesting areas, impacts from the proposed project are potentially significant.

Impact BIO-1: Impacts to special-status species or the inadvertent loss of bird nests in active use, which would conflict with the federal Migratory Bird Treaty Act and California Fish and Game Code, could occur as a result of implementation of the proposed project.

Significance with Mitigation: Less than significant. The proposed 2040 General Plan policies and actions would mitigate impacts to special-status species by requiring that detailed surveys and assessments be completed as part of future project approval and/or environmental review, when applicable, to identify occurrences of special-status species and minimize adverse impacts on any species identified as an endangered, threatened, candidate, sensitive, or special-status species and their habitat. Where natural habitat remains that could support special-status species, wetlands, and other sensitive resources, further detailed studies and assessment would be performed to verify presence or absence. Specifically, proposed 2040 General Plan *Policy NRC-1.4, Specialized Surveys for Special-Status Species and Sensitive Natural Communities, requires surveys and project-specific mitigation for sites known to support special-status species; *Policy NRC-1.5, Biological Site Assessment, requires the preparation of biological resource assessment for proposed development on sites with natural habitat conditions that may support special-status species, sensitive natural communities, or regulated wetlands and waters; *Policy NRC-1.6, Mitigation of Potential Impacts on Special-Status Species and Sensitive Habitat Areas, requires that potential significant impacts on special-status species, occurrences of sensitive natural communities, or regulated wetlands and waters be minimized through adjustments and controls on the design, construction, and operations of a proposed project; *Policy NRC-1.7, Preconstruction Surveys for the San Joaquin Kit Fox, *Policy NRC-

1.8, California Red-Legged Frog and California Tiger Salamander Site Assessments, *Policy NRC-1.9, Surveys and Mitigation for Burrowing Owls, *Policy NRC-1.10, Preconstruction Surveys for Nesting Birds, all require surveys and project-specific mitigation; and *Policy NRC-1.13, Wetland Preservation, and *Policy NRC-1.14, Wet lands Delineation, require the protection of wetlands through surveys and project-specific mitigation measures. Additionally, future development on parcels with a proposed Specific Plan land use designation would be subject to additional site-specific policies to guide development and protect sensitive natural communities in these areas.

Furthermore, the location and nature of future development considered would be guided by the proposed 2040 General Plan and the HMC. Future development would continue to be reviewed through the City’s entitlement process and CEQA review, where applicable, to ensure consistency with local, state, and federal regulations and proposed 2040 General Plan goals, policies, and actions intended to protect sensitive biological resources. Therefore, potential impacts on special-status species would be less than significant.

Climate Action Plan
The proposed Climate Action Plan (CAP) is a strategic plan focused on greenhouse gas (GHG) emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan.

Since the proposed CAP does not involve any land use changes that would affect biological resources,

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implementation of the proposed CAP would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS and impacts would be less than significant.

Significance without Mitigation: Less than significant.

Agricultural Lands Preservation Program
The proposed Agricultural Lands Preservation Program (ALPP) is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would affect biological resources, implementation of the proposed ALPP would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS and impacts would be less than significant.

Significance without Mitigation: Less than significant.

BIO-2 Implementation of the proposed project would not have a substantial adverse effect on any riparian habitat or other sensitive natural communities identified in local or regional plans, policies, regulations, or by the CDFW or USFWS.
2040 General Plan
Impacts to riparian habitats and other sensitive natural communities may occur from both direct and indirect sources from implementation of the proposed 2040 General Plan. Direct impacts occur as a result of converting natural habitat to development, including construction of new structures, creating impervious surfaces for roadways and parking, and culverting of natural drainages. Direct impacts may also be temporary in nature if they disturb a habitat that is subsequently restored after construction. An indirect impact is a physical change in the environment, which is not immediately related to, but could be caused by, implementation of the proposed 2040 General Plan. For example, if future development under the proposed General Plan 2040 results in a collective reduction in habitat, the values and functions of that remaining habitat would be reduced. Changes in hydrology and water quality, through increases in sedimentation as a result of grading and the introduction of urban pollutants, could also have indirect impacts on aquatic habitat and contribute to a reduction in the value of downgradient waters.

As discussed in Section 4.4.1.2, Existing Conditions, sensitive natural community types in the Planning Area include remnant native grasslands, wetlands and riparian habitat, and possibly some areas with forest and scrub cover where several associations of Black Oak Forests and Woodlands, California Bay

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Forests and Woodlands, California Buckeye Woodlands, and Coyote Brush Scrub are present. Occurrences of these sensitive natural community types may be present within the remaining woodland, forest, and grasslands in the Planning Area, but have not been mapped or identified. Detailed surveys would be required to provide confirmation on presence or absence of any sensitive natural community types from undeveloped portions of the EIR Study Area where thorough studies have not been conducted.

As discussed in Chapter 4, Environmental Analysis, of this Revised Draft EIR, potential future development within the City Limits under the proposed 2040 General Plan would occur on vacant parcels and in the form of infill/intensification on sites either already developed and/or underutilized, and/or in close proximity to existing development. Although these areas generally do not appear to contain large amounts of sensitive habitat, there remains a potential for presence of sensitive natural communities in some locations. Additionally, potential future development within the SOI under the proposed 2040 General Plan could occur in areas that have not been extensively disturbed, such as the rolling eastern hills, adjacent to open space areas or along drainages, and could have a significant impact on sensitive natural communities if present on a particular site. Further detailed investigation is typically necessary to determine whether any sensitive natural communities are present on undeveloped sites with natural habitat. The proposed Natural Resource and Conservation (NRC) Element of the 2040 General Plan contain goals, policies, and actions that require local planning and development decisions to consider impacts to biological resources, including riparian habitats and other sensitive natural community types, on a project-by-project basis. The following proposed 2040 General Plan goals, policies, and actions would serve to minimize potential adverse impacts on riparian habitats and other sensitive natural community types in the EIR Study Area:

Goal NRC-1: Ensure enhanced habitat for native plants and animals, and protection for culturally significant and special-status species. (Goal NRC1)
 Policy NRC-1-1: Protection of Environmental Resources. Protect or enhance environmental resources, such as wetlands, creeks and drainage-ways, sensitive natural communities, and habitat for special- status species. (Policy NRC1.1)
 Policy NRC-1.2: Protection of Special-Status Species Habitat and Sensitive Natural Communities.

Identify and protect the habitats of special-status species and sensitive natural communities that may found in the Hollister Planning Area, in cooperation with the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife, through the review of development proposals for compliance with regulations of these agencies and the California Environmental Quality Act. (Policy NRC1.2)
 *Policy NRC-1.4: Specialized Surveys for Special-Status Species and Sensitive Natural Communities.

Require that sites with suitable natural habitat, including creek corridors through urbanized areas, be surveyed for special-status species and sensitive natural communities prior to development approval as part of the environmental review process. Such surveys shall be conducted by a qualified biologist and occur prior to development-related vegetation removal. All surveys shall take place during appropriate seasons to determine presence or absence, including nesting or breeding occurrences, with a determination on whether the project site contains suitable habitat for such species and sensitive natural community types. These results would inform the site assessment and

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environmental review process for proposed developments and other activities that could adversely affect special-status species. (Policy NRC1.7)
 *Policy NRC-1.5: Biological Site Assessment. Require a biological resource assessment for proposed development on sites with natural habitat conditions that may support special-status species, sensitive natural communities, or regulated wetlands and waters. The assessment shall be prepared prior to project approval and conducted by a qualified biologist to determine the presence or absence of any sensitive resources that could be affected by proposed development, shall provide an assessment of the potential impacts, and shall define measures for protecting the resource and surrounding buffer habitat, in compliance with City policy and state and federal laws. An assessment shall not be necessary for locations where past and existing development have eliminated natural habitat and the potential for presence of sensitive biological resources and regulated waters. (new)  *Policy NRC-1.6: Mitigation of Potential Impacts on Special-Status Species and Sensitive Habitat Areas.

Require that potential significant impacts on special-status species, occurrences of sensitive natural communities, or regulated wetlands and waters be minimized through adjustments and controls on the design, construction, and operations of a proposed project prior to project approval. Where impacts to these sensitive biological habitat areas are unavoidable, appropriate compensatory mitigation shall be required by the City. Such compensatory mitigation shall be developed and implemented in accordance with City policy and any relevant state and federal regulations. These may include on-site set asides, off-site acquisitions (conservation easements, deed restrictions, etc.), and specific restoration efforts that benefit the special-status species and sensitive habitat areas. (new)  Policy NRC-1.22: Native Trees and Riparian Habitat. Ensure protection of native trees and riparian habitat. (new)
 Action NRC-1.1: Riparian Habitat Setbacks. Amend the Zoning Code to establish setback requirements from wetlands and creeks. (new)
Because potential future development under the proposed 2040 General Plan has the potential to occur where there is riparian habitat or other sensitive natural communities identified in local or regional plans, policies, regulations, or by the CDFW or USFWS, impacts from the proposed project are potentially significant.

Impact BIO-2: Impacts to riparian areas, drainages, and sensitive natural communities could occur from potential future development under the proposed 2040 General Plan where natural habitat remains.

Significance with Mitigation: Less than significant. Implementation of the proposed 2040 General Plan goals, policies, and actions listed would serve to ensure that occurrences of sensitive natural communities are identified, avoided, or adequately mitigated. Specifically, proposed 2040 General Plan *Policy NRC-1.4, Specialized Surveys for Special-Status Species and Sensitive Natural Communities, *Policy NRC-1.5, Biological Site Assessment, and *Policy NRC-1.6, Mitigation of Potential Impacts on Special-Status Species and Sensitive Habitat Areas, would mitigate impacts through site surveys and project-specific mitigation measures. Additionally, future development within the Sphere of Influence on parcels with a proposed Specific Plan land use designation would be subject to additional site-specific policies to guide development and protect sensitive natural communities in

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these areas. Therefore, potential impacts on sensitive natural communities would be less than significant.

Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. Since the proposed CAP does not involve any land use changes that would affect biological resources, implementation of the proposed CAP would not have a substantial adverse effect on any riparian habitat or other sensitive natural communities identified in local or regional plans, policies, regulations, or by CDFW or USFWS and impacts would be less than significant.

Significance without Mitigation: Less than significant.

Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would affect biological resources, implementation of the proposed ALPP would not have a substantial adverse effect on any riparian habitat or other sensitive natural communities identified in local or regional plans, policies, regulations, or by the CDFW or UDFWS and impacts would be less than significant.

Significance without Mitigation: Less than significant.

BIO-3 Implementation of the proposed project would not have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal) through direct removal, filling, hydrological interruption, or other means.
2040 General Plan
Development and land use activities associated with implementation of the proposed 2040 General Plan could result in direct loss or modification to existing wetlands and unvegetated other waters, as well as indirect impacts due to water quality degradation. Affected wetlands could include both the wetland- related sensitive natural community types described under Impact Discussion BIO-2, as well as areas of open water, degraded and modified streams and channels, unvegetated waters, and isolated seasonal wetlands or freshwater seeps. Indirect impacts to wetlands and jurisdictional other waters include an increase in the potential for sedimentation due to construction grading and ground disturbance, an increase in the potential for erosion due to increased runoff volumes generated by impervious surfaces, and an increase in the potential for water quality degradation due to increased levels in non-point pollutants.

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Water quality degradation may occur even when wetlands and unvegetated channels are avoided by proposed development if setbacks are inadequate to provide critical vegetation filtration functions.

Indirect water quality-related issues are discussed further in Chapter 4.10, Hydrology and Water Quality, of this Revised Draft EIR, and as discussed under Impact Discussion HYDRO-1, water quality impacts were determined to be less than significant. Refer to Chapter 4.10 of this Revised Draft EIR for a list of proposed 2040 General Plan goals, policies, and actions that would preserve water quality of all water resources in the EIR Study Area, including wetlands. The proposed Natural Resource and Conservation (NRC) Element of the 2040 General Plan contain s goals, policies, and actions that require local planning and development decisions to consider impacts to biological resources, including wetlands and other regulated waters, on a project-by-project basis. The following proposed 2040 General Plan goals, policies, and actions would serve to minimize potential adverse impacts on wetlands in the EIR Study Area:

Goal NRC-1: Ensure enhanced habitat for native plants and animals, and protection for culturally significant and special-status species. (Goal NRC1)
 Policy NRC-1-1: Protection of Environmental Resources. Protect or enhance environmental resources, such as wetlands, creeks and drainage-ways, sensitive natural communities, and habitat for special- status species. (Policy NRC1.1)
 *Policy NRC-1.5: Biological Site Assessment. Require a biological resource assessment for proposed development on sites with natural habitat conditions that may support special-status species, sensitive natural communities, or regulated wetlands and waters. The assessment shall be prepared prior to project approval and conducted by a qualified biologist to determine the presence or absence of any sensitive resources that could be affected by proposed development, shall provide an assessment of the potential impacts, and shall define measures for protecting the resource and surrounding buffer habitat, in compliance with City policy and state and federal laws. An assessment shall not be necessary for locations where past and existing development have eliminated natural habitat and the potential for presence of sensitive biological resources and regulated waters. (new)  *Policy NRC-1.6: Mitigation of Potential Impacts on Special-Status Species and Sensitive Habitat Areas.

Require that potential significant impacts on special-status species, occurrences of sensitive natural communities, or regulated wetlands and waters be minimized through adjustments and controls on the design, construction, and operations of a proposed project prior to project approval. Where impacts to these sensitive biological habitat areas are unavoidable, appropriate compensatory mitigation shall be required by the City. Such compensatory mitigation shall be developed and implemented in accordance with City policy and any relevant state and federal regulations. These may include on-site set asides, off-site acquisitions (conservation easements, deed restrictions, etc.), and specific restoration efforts that benefit the special-status species and sensitive habitat areas. (new)  Policy NRC-1.12: Riparian Habitat. Maintain existing riparian areas in their natural state to provide for wildlife habitat, groundwater percolation, water quality, aesthetic relief, and recreational uses that are environmentally compatible with wetland preservation. (Policy NRC1.5)  *Policy NRC-1.13: Wetland Preservation. Require appropriate public and private wetlands preservation, restoration, and/or rehabilitation through compensatory mitigation in the development process for unavoidable impacts. Continue the City’s practice of requiring mitigation for projects that

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would affect wetlands in conjunction with requirements of state and federal agencies. (Implementation Measure NRC.V and Policy NRC1.5)
 *Policy NRC-1.14: Wetlands Delineation. Require a delineation of jurisdictional waters by a qualified wetland specialist at the outset of the project planning stage of any proposed development that may contain wetlands or other regulated waters. This delineation shall be verified and approved by the U.S. Army Corps of Engineers or the Regional Water Quality Control Board where federally regulated waters are absent prior to project approval. (Implementation Measure NRC.X)  Policy NRC-1.15: Wetland Avoidance. Encourage development projects, which may result in the disturbance of delineated seasonal wetlands and other regulated waters, to be redesigned to avoid such disturbance or to provide adequate compensatory mitigation where avoidance is not feasible. (Policy NRC1.5)
 Policy NRC-1.16: Enhancement of Creeks and Drainageways. Support enhancement of drainageways to improve their function as wildlife habitat, wildlife corridors, and storm drainage facilities. Require setbacks, creek enhancement, and associated riparian habitat restoration/creation for projects adjacent to creeks to maintain storm flows, reduce erosion and maintenance needs, and improve habitat values. Require all new structures and paved surfaces to be set back from wetlands and creeks. Exceptions may be granted under extenuating circumstances and if also approved by responsible resource agencies. (Policy NRC1.6)
 Action NRC-1.1: Riparian Habitat Setbacks. Amend the Zoning Code to establish setback requirements from wetlands and creeks. (new)
Because potential future development under the proposed 2040 General Plan has the potential to occur where there are state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal) through direct removal, filling, hydrological interruption, or other means, impacts from the proposed project are potentially significant.

Impact BIO-3: Potential future development from implementation of the proposed 2040 General Plan could result in direct and indirect impacts to wetland habitat.

Significance with Mitigation: Less than significant. The proposed 2040 General Plan goals, policies, and actions would serve to ensure that wetlands and regulated waters are identified, avoided, or adequately mitigated. Specifically, proposed 2040 General Plan *Policy NRC-1.5, Biological Site Assessment, requires the preparation of biological resource assessment for proposed development on sites with natural habitat conditions that may support special-status species, sensitive natural communities, or regulated wetlands and waters; *Policy NRC-1.6, Mitigation of Potential Impacts on Special-Status Species and Sensitive Habitat Areas, requires that potential significant impacts on special-status species, occurrences of sensitive natural communities, or regulated wetlands and waters be minimized through adjustments and controls on the design, construction, and operations of a proposed project; and *Policy NRC-1.13, Wetland Preservation, and *Policy NRC-1.14, Wetlands Delineation, require the protection of wetlands through surveys and project-specific mitigation measures. Additionally, future development within the Sphere of Influence on parcels with a proposed Specific Plan Area land use designation would be subject to additional site-specific policies

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to guide development in these areas. Therefore, potential impacts on wetlands and regulated waters would be less than significant.

Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. Since the proposed CAP does not involve any land use changes that would affect biological resources, implementation of the proposed CAP would not have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal) through direct removal, filling, hydrological interruption, or other means, and impacts would be less than significant.

Significance without Mitigation: Less than significant.

Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would affect biological resources, implementation of the proposed ALPP would not have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal) through direct removal, filling, hydrological interruption, or other means, and impacts would be less than significant.

Significance without Mitigation: Less than significant.

BIO-4 Implementation of the proposed project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites.
2040 General Plan
Development and land use activities within the City Limits associated with implementation of the proposed 2040 General Plan would generally be in urbanized areas with few wildlife corridors or locations where wildlife is already acclimated to human activity. However, the EIR Study Area does contain some habitat areas that could be adversely affected by new development, including potential future development within in the SOI under the proposed 2040 General Plan, particularly along creeks and other drainages, or adjacent to open space and undeveloped lands.

As discussed under Impact Discussions BIO-1, BIO-2, and BIO-3, the proposed Natural Resource and Conservation (NRC) Element of the 2040 General Plan includes goals, policies, and actions that would mitigate impacts to important wildlife habitats, such as essential habitat for special-status species,

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occurrences of sensitive natural communities, and regulated wetlands and waters are preserved and protected. Specifically, proposed 2040 General Plan *Policy NRC-1.4, Specialized Surveys for Special-Status Species and Sensitive Natural Communities, *Policy NRC-1.5, Biological Site Assessment, *Policy NRC-1.6, Mitigation of Potential Impacts on Special-Status Species and Sensitive Habitat Areas, *Policy NRC-1.7, Preconstruction Surveys for the San Joaquin Kit Fox, *Policy NRC-1.8, California Red-Legged Frog and California Tiger Salamander Site Assessments, *Policy NRC-1.9, Surveys and Mitigation for Burrowing Owls, *Policy NRC-1.10, Preconstruction Surveys for Nesting Birds, *Policy NRC-1.13, Wetland Preservation, and *Policy NRC-1.14, Wetlands Delineation, would all mitigate impacts to areas where there is the potential for migratory wildlife to use. These include avoidance of riparian habitat and wetlands, enhancement of creeks and drainageways, and protection of bird nests in active use. Site- specific biological resource assessments on sites with remaining natural habitat would also be required under proposed *Policy NRC-1.5, which would determine whether any important wildlife movement corridors are present on undeveloped lands where potential future development is proposed. This project-specific assessment would serve to identify the presence of any sensitive wildlife movement corridors and would ensure sensitive resources are adequately protected or appropriate compensatory mitigation is provided as part of new development. Furthermore, future development within the SOI on parcels with a proposed Specific Plan land use designation would be subject to additional site-specific policies to guide development in these areas. Therefore, potential impacts on the movement of native resident or migratory fish or wildlife species, or with established native resident or migratory wildlife corridors, or use of native wildlife nursery sites would be less than significant.

Significance without Mitigation: Less than significant.

Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. Since the proposed CAP does not involve any land use changes that would affect biological resources, implementation of the proposed CAP would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites and impacts would be less than significant.

Significance without Mitigation: Less than significant.

Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would affect biological resources, implementation of the proposed ALPP would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with

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established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites and impacts would be less than significant.

Significance without Mitigation: Less than significant.

BIO-5 Implementation of the proposed project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.
2040 General Plan
The City of Hollister General Plan is the primary planning document for the City of Hollister. The proposed 2020 General Plan is intended to ensure consistency between the General Plan and the HMC. Additionally, because the General Plan is the overriding planning document for Hollister, implementation of the proposed 2040 General Plan would not conflict with local policies and ordinances protecting biological resources.

The proposed Natural Resource and Conservation (NRC) Element of the 2040 General Plan contain goals, policies, and actions that require local planning and development decisions to consider impacts to biological resources, including trees and riparian habitat. The following proposed 2040 General Plan goals, policies, and actions would serve to minimize potential adverse impacts to biological resources, such as trees and riparian habitat, in the EIR Study Area:

Goal NRC-1: Ensure enhanced habitat for native plants and animals, and protection for culturally significant and special-status species. (Goal NRC1)
 Policy NRC-1.17: Tree Preservation . Preserve and protect heritage trees and other trees of importance. (new)
 Policy NRC-1.18: Replacement Planting. Require replacement planting when heritage trees and trees of importance must be removed. (new)
 Policy NRC-1.19: Tree Maintenance. Allow routine maintenance and pruning of heritage trees only when the survival of the tree will not be compromised. (new)  Policy NRC-1.20: Construction Near Heritage Trees. Require that construction activities avoid impacts to heritage trees through construction of barrier fencing, construction worker training from a qualified arborist, and construction monitoring by an arborist. Heritage tree protection measures shall be identified prior to issuance of a building permit for a new development project. (new)  Policy NRC-1.21: Street Trees. Require new development provide street trees of various species along pedestrian corridors and require the installation of root barriers when planting new street trees. (new)
 Policy NRC-1.22: Native Trees and Riparian Habitat. Ensure protection of native trees and riparian habitat. (new)

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 Policy NRC-1.23: Non-Native Plants. Prohibit the planting of invasive, non-native plant species in natural habitats that support special-status species. (new)  Action NRC-1.1: Riparian Habitat Setbacks. Amend the Zoning Code to establish setback requirements from wetlands and creeks. (new)
 Action NRC-1.2: Tree Preservation Ordinance. Adopt a Tree Preservation Ordinance that defines heritage trees and other trees of importance and provides for their replacement when removed as part of a new development project. The Tree Preservation Ordinance shall:
 Define the trees to be preserved.
 Establish mitigation requirements when removal of a heritage tree or tree of importance is approved.
 Require that a tree protection zone be established on a new development site that serves to protect heritage trees and trees of importance to prevent possible damage during construction activities.
 Require training for construction workers on best practices for avoiding damage and require monitoring by a qualified arborist during construction activities.  Require City approval prior to the removal of street trees.  Permit routine maintenance and pruning of heritage trees only when the survival of the tree will not be compromised. (new)
 Action NRC-1.3: Urban Forest Master Plan. Prepare an urban forest master plan for Hollister that includes quantified goals and tracking methods, including mapping the tree canopy. (new)  Action NRC-1.4: List of Native Plant Species. Establish a list of native plant species for incorporation into the landscape design of proposed development projects. (new) Potential future development within the EIR Study Area would be required to comply with applicable Hollister regulations and the proposed General Plan 2040 goals, policies, and actions listed, which would reduce potential impacts on sensitive biological resources as a result of implementing the proposed 2040 General Plan. Future development within the SOI on parcels with a proposed Specific Plan land use designation would be subject to additional policies to guide development in these areas. With adherence to these regulations, policies, and actions, no conflicts with local plans and policies are anticipated, and impacts would be considered less than significant.

Significance without Mitigation: Less than significant.

Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. Since the proposed CAP does not involve any land use changes that would affect biological resources, implementation of the proposed CAP

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would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, and impacts would be less than significant.

Significance without Mitigation: Less than significant.

Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would affect biological resources, implementation of the proposed ALPP would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, and impacts would be less than significant.

Significance without Mitigation: Less than significant.

BIO-6 Implementation of the proposed project, in combination with past, present, and reasonably foreseeable projects, would result in significant cumulative impacts with respect to biological resources.

The impacts of potential future development on biological resources tend to be site-specific, and the overall cumulative effects would be dependent on the degree to which significant vegetation and wildlife resources are avoided or potential impacts are addressed through various forms of mitigation. This includes potential impacts on well-developed native vegetation (e.g., marshlands, native grasslands, oak woodlands, and riparian scrub and woodland), populations of special-status plant or animal species, and wetland features (including freshwater marsh, seasonal wetlands, and riparian corridors and drainages).

To some degree, cumulative development contributes to an incremental reduction in the amount of existing natural wildlife habitat, particularly for birds and larger mammals. Habitat for species intolerant of human disturbance can be lost as development encroaches into previously undeveloped areas, disrupting or eliminating movement corridors and fragmenting the remaining suitable habitat retained within parks, public and private open space, and/or undeveloped properties. New cumulative development in the EIR Study Area could result in further conversion of existing natural habitats to urban and suburban conditions, limiting the existing habitat values of the surrounding area. 2040 General Plan
Adoption and anticipated development under the proposed 2040 General Plan, as well as other future projects within the cumulative geographic context of the EIR Study Area, would be required to comply with local, state, and federal laws and policies and all applicable permitting requirements of the regulatory and oversight agencies intended to address potential impacts on sensitive biological resources.

Environmental review of specific development proposals within the EIR Study Area would serve to ensure that important biological resources are identified, avoided, or adequately mitigated for where potential impacts are unavoidable, and prevent any significant adverse development-related impacts.

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Because the proposed 2040 General Plan goals, policies, and actions would serve to reduce any potential biological impacts within the EIR Study Area to a less-than-significant level, the proposed 2040 General Plan would not make a cumulatively considerable contribution to any significant cumulative impacts on special-status species, sensitive natural communities, or regulated waters. Implementation of the proposed 2040 General Plan would not contribute to a cumulative reduction of important wildlife habitat or impede wildlife movement opportunities. Accordingly, the proposed 2040 General Plan would have a less-than-significant cumulative impact on biological resources.

Significance without Mitigation: Less than significant.

Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. Since the proposed CAP does not involve any land use changes that would affect biological resources, implementation of the proposed CAP would result in a less-than-significant cumulative impact with respect to biological resources.

Significance without Mitigation: Less than significant.

Agricultural Lands Preservation Program
The proposed ALPP is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would affect biological resources, implementation of the proposed ALPP would result in a less-than- significant cumulative impact with respect to biological resources.

Significance without Mitigation: Less than significant.

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4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
This chapter of the Revised Draft Environmental Impact Report (EIR) describes the potential impacts to cultural and tribal cultural resources (TCR) associated with the approval and implementation of the proposed project. This chapter also describes the regulatory framework and existing conditions, identifies criteria used to determine impact significance, provides an analysis of the potential cultural and TCR impacts, and identifies policies that could minimize any potentially significant impacts.

4.5.1 ENVIRONMENTAL SETTING

TERMINOLOGY
Impacts to cultural resources include archaeological resources, built environment resources, and TCRs.

These terms are described herein:
 Archaeological resources are defined as sites. These resources are subsurface human cultural remains that are over 50 years old. Archaeological resources in the region are generally divided into two temporal categories: prehistoric (12,000 years ago-1541) and historic period (1542-50 years ago). A site is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archaeological value regardless of the value of any existing structure.  Built environment resources are defined as buildings, structure, objects, and districts. 1  A building, such as a house, barn, church, hotel, or similar construction, is created principally to shelter any form of human activity. A building may also refer to a historically or functionally related unit, such as a courthouse and jail, or a house and barn.  The term structure is used to distinguish buildings from those functional constructions made usually for purposes other than human shelter.
 The term object is used to distinguish buildings from structures. These constructions are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment.  A district possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development.  Tribal cultural resources are defined in the California Environmental Quality Act (CEQA) as a site, feature, place, cultural landscape, sacred place, or object with cultural value to a California Native American tribe, which may include nonunique archaeological resources previously subject to limited review under CEQA.

1 Office of Historic Preservation, March 1995. Instructions for Recording Historical Resources, http://scic.org/docs/OHP/manual95.pdf , accessed May 6, 2020.

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REGULATORY FRAMEWORK
Federal Regulations
National Historic Preservation Act
The National Historic Preservation Act (NHPA) of 1966 defines the responsibilities of federal agencies to protect and preserve historic properties and established the National Register of Historic Places (National Register) as the official designation of historical resources, including districts, sites, buildings, structures, and objects. Sites less than 50 years in age, unless of exceptional importance, are not eligible for the National Register. Listing in the National Register does not entail specific protection for a property, but project effects on properties listed or eligible for listing in the National Register must be evaluated under CEQA. For a property to be eligible for listing in the National Register, it must be significant and possess integrity. According to the National Register criteria for evaluation,2 a property is significant in American history, architecture, archaeology, engineering, or culture if it is:

A. Associated with events that made a significant contribution to the broad patterns of our history; B. Associated with the lives of significant persons in our past; C. Embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or D. Has yielded, or may be likely to yield, information important in history or prehistory.

Archaeological Resources Protection Act
The Archaeological Resources Protection Act (United States Code, Title 16, Sections 470aa–mm) became law on October 31, 1979, and has been amended four times. It regulates the protection of archaeological resources and sites that are on federal and Indian lands.

American Indian Religious Freedom Act
The American Indian Religious Freedom Act (United States Code, Title 15, Section 1996) establishes as national policy that traditional Native American practices; beliefs; sites, including the right of access; and the use of sacred objects shall be protected and preserved. It does not include provisions for compliance.

Native American Graves Protection and Repatriation Act
The Native American Graves Protection and Repatriation Act of 1990 (United States Code, Title 25, Sections 3001 et seq.) protects Native American remains, including Native American graves on federal and tribal lands, and recognizes tribal authority over the treatment of unmarked graves. This act prohibits the selling of Native American remains and provides guidelines for the return of Native American human

2 Code of Federal Regulations, 36 CFR Part 60.4.

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remains and cultural objects from any collection receiving federal funding, such as museums, universities, or governments. Noncompliance with this act can result in civil and criminal penalties.

State Regulations
California Environmental Quality Act
CEQA was passed in 1970 to institute a statewide policy of environmental protection. The CEQA Statute is found at California Public Resources Code, Division 13, Sections 21000–21177. The CEQA Guidelines are found in the California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000–15387.

CEQA Guidelines Section 15064.5 states that a project that may cause a substantial adverse change in the significance of a historical resource is a project that may have a significant effect on the environment. The CEQA Guidelines define four ways that a property can qualify as a historical resource for purposes of CEQA compliance:
 The resource is listed in or determined eligible for listing in the California Register of Historical Resources.
 The resource is included in a local register of historical resources, as defined in Section 5020.1(k) of the Public Resources Code (PRC) or identified as significant in a historical resource survey meeting the requirements of PRC Section 5024.1(g), unless the preponderance of evidence demonstrates that it is not historically or culturally significant.
 The lead agency determines the resource to be significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California, as supported by substantial evidence in light of the whole record.  The lead agency determines that the resource may be a historical resource as defined in PRC Sections 5020.1(j) or 5024.1 (CEQA Guidelines Section 15064.5), which means, in part, that it may be eligible for the California Register.

In addition, PRC Section 21083.2 and CEQA Guidelines Section 15126.4 specify lead agency responsibilities in determining whether a project may have a significant effect on archaeological resources. If it can be demonstrated that a project will damage a unique archaeological resource, the lead agency may require reasonable efforts for the resources to be preserved in place or left in an undisturbed state. Preservation in place is the preferred approach to mitigation. The PRC also details required mitigation if unique archaeological resources are not preserved in place.

CEQA Guidelines Section 15064.5(e) requires that excavation activities stop whenever human remains are uncovered during a project or activity, and that the county coroner be called in to assess the remains. If the county coroner determines that the remains are Native American, the Native American Heritage Commission (NAHC) must be contacted within 24 hours. At that time, the lead agency must consult with the appropriate Native American descendants, if any, as identified by the NAHC. Under certain circumstances, the lead agency (or applicant), is required to develop an agreement with the Native American descendants for the treatment and disposition of the remains. In addition to the mitigating provisions pertaining to accidental discovery of human remains, Section 15064.5(f) of the CEQA

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Guidelines also requires that a lead agency make provisions for the accidental discovery of historical or archaeological resources. These provisions should include an immediate evaluation of the find by a qualified archaeologist. If the find is determined to be a Historical Resource or Unique Archaeological Resource, avoidance measures should be implemented, or appropriate mitigation should be available.

Native American Historic Resource Protection Act
The Native American Historic Resource Protection Act, formally known as Assembly Bill 52 (AB 52), passed in 2014 and amended CEQA to address California Native American tribal concerns regarding how cultural resources of importance to tribes are treated under CEQA and created the new TCR category. CEQA identifies a TCR as a separate and distinct category of resource, separate from a historical resource or archaeological resource. CEQA specifies that a project that may cause a substantial adverse change in the significance of a TCR (as defined in CEQA Statute or PRC Section 21074[a]) is a project that may have a significant effect on the environment. To help determine whether a project may have such an effect, the PRC requires a lead agency to consult with any California Native American tribe that requests consultation and is traditionally and culturally affiliated with the geographic area of the proposed project. According to AB 52, tribes may have expertise in tribal history and “tribal knowledge about land and TCRs at issue should be included in environmental assessments for projects that may have a significant impact on those resources.”
CEQA Section 21074.3(a) defines a TCR as a site, feature, place, or cultural landscape that is geographically defined in terms of size and scope, sacred place, and object with cultural value to a California Native American tribe that is either included or eligible for inclusion in the California Register of Historic Resources or included in a local register of historical resources, or if the City of Hollister, acting as the lead agency, supported by substantial evidence, chooses at its discretion to treat the resource as a TCR.

Because these criteria also meet the definition of a historical resource under CEQA, a TCR may also require additional consideration as a historical resource. TCRs may or may not exhibit archaeological, cultural, or physical indicators.

PRC Section 21080.3.2 provides that as part of the tribal consultation process, parties could propose mitigation measures. If the California Native American tribe requests consultation to include project alternatives, mitigation measures, or significant effects, the consultation would be required to cover those topics. PRC Section 21082.3 provides that any mitigation measures agreed upon during this consultation “shall be recommended for inclusion in the environmental document and in an adopted mitigation monitoring program” if determined to avoid or lessen a significant impact on TCRs.

California Register of Historic Resources
The California Register of Historic Resources (California Register) establishes a list of properties to be protected from substantial adverse change (PRC Section 5024.1). A historical resource may be listed in the California Register if it is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, or cultural annals of California, and meets any of the following criteria:
 Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage.

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 Is associated with the lives of persons important in California’s past.  Embodies the distinctive characteristics of a type, period, region, or method of construction; represents the work of an important creative individual; or possesses high artistic value.  Has yielded or is likely to yield information important in prehistory or history.

The California Register includes properties that are listed or have been formally determined eligible for listing in the National Register, State Historical Landmarks, and eligible Points of Historical Interest. Other potential resources require nomination for inclusion in the California Register.

For a property to be eligible for listing in the California Register, it must possess integrity as well as be significant. Integrity is the authenticity of a property’s historic identity, evidenced by the survival of physical characteristics that existed during the property’s historic or prehistoric period. Loss of integrity, if sufficiently great, will render a resource ineligible for the California Register. Integrity is determined through application of seven factors:
 Location. Location is the place where the historic property was constructed or the place where the historic event occurred.
 Design. Design is the combination of elements that create the form, plan, space, structure, and style of a property.
 Setting. Setting is the physical environment of the historic property.  Materials. Materials are the physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration form a historic property  Workmanship. Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory.
 Feeling. Feeling is a property’s expression of the aesthetic or historic sense of a particular period of time.
 Association. Association is the direct link between an important historic event or person and a historic property.

Health and Safety Code Sections 7052 and 7050.5
Health and Safety Code Section 7052 states that the disturbance of Native American cemeteries is a felony. Section 7050.5(b) of the California Health and Safety Code specifies protocol when human remains are discovered during activities involving ground disturbance. If human remains are discovered or identified in any location other than a dedicated cemetery, there should be no further disturbance or excavation nearby until the county coroner has determined the area is not a crime scene that warrants further investigation into the cause of death and made recommendations to the persons responsible for the work in the manner provided in PRC Section 5097.98 (the California Native American Historical, Cultural, and Sacred Sites Act). This section, which applies to both State and private lands, provides guidance for proceeding when human remains associated with Native American burials and associated items are encountered. This act stipulates the procedures the descendants may follow for treating or disposing of the remains and associated grave goods.

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Public Resources Code Section 5097
PRC Section 5097.5(a) specifies that a person shall not knowingly and willfully excavate upon, or remove, destroy, injure, or deface any historic or prehistoric ruins, burial grounds, or archaeological sites, which can include fossilized footprints, inscriptions made by human agency, rock art, or any other archaeological or historical feature, situated on public lands, except with the express permission of the public agency having jurisdiction over the lands. County and city lands are exempt from this provision, expect for parklands larger than 100 acres.

California Code of Regulations
Archaeological resources, on lands administered by the California Department of Parks and Recreation, are addressed in CCR Title 14, Division 3, Chapter 1. Section 4308 of this chapter addresses archaeological features and states that no person shall remove, injure, disfigure, deface, or destroy any object of archaeological or historical interest or value.

Historical Building Code
The California Historical Building Code (CCR, Title 24, Part 8) provides regulations for permitting repairs, alterations, and additions for the preservation, rehabilitation, relocation, reconstruction, change of use, or continued use of historical buildings, structures, and properties determined by any level of government as qualifying as a historical resource. A historical resource is defined in Sections 18950 to 18961 of Division 13, Part 2.7 of the Health and Safety Code, and subject to rules and regulations in the California Historical Building Code. The City of Hollister regularly adopts each new California Historical Building Code update under the Hollister Municipal Code (HMC) Section 15.04.050, Construction Codes Adopted by Reference.

Government Code Section 65352.3-5 (Senate Bill 18)
California Government Code Section 65352.3-5, commonly known by its legislative bill number, Senate Bill (SB) 18, states that prior to the adoption or amendment of a city or county’s general plan, or specific plans, the city or county shall consult with California Native American tribes that are on the contact list maintained by the NAHC. The intent of this legislation is to preserve or mitigate impacts on places, features, and objects, as defined in PRC 5097.9 and PRC 5097.993, that are within the city or county’s jurisdiction. Government Code 65362.3-5 also states that the city or county shall protect the confidentiality of information concerning the specific identity, location, character, and use of those places, features, and objects identified by Native American consultation. Government Code 65362.3-5 applies to all general and specific plans and amendments proposed after March 1, 2005.

Assembly Bill 168
AB 168 was signed in 2020 and extends the responsibility of a development proponent to consult with Native American tribes to streamlined ministerial approvals for affordable multifamily housing developments under SB 35. A development with streamlined ministerial approval under SB 35 is not subject to CEQA, allowing for such developments to occur without going through a CEQA review or screening process to determine if they would affect TCRs.

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AB 168 requires a development proponent to submit notice of its intent to apply for streamlined approval to the local government prior to the actual application submittal. The local government is then required to provide formal notice to each California Native American tribe that is culturally affiliated with the geographic area of the proposed development and to engage in a scoping consultation regarding the potential effects the proposed development could have on a potential TCR (California Government Code Section 65913.4(b)).

The scoping consultation must commence within 30 days after the proponent submits a notice of intent to apply for ministerial approval and concluded before the proponent can submit the application.

AB 168 deems a project ineligible for the streamlined, ministerial approval process and require it be subject to CEQA if:

A. The site of the proposed development is a TCR that is on a national, state, tribal, or local historic register list;
B. The local government and the California Native American tribe do not agree that no potential TCR would be affected by the proposed development; or
C. The local government and California Native American tribe find that a potential TCR could be affected by the proposed development and the parties do not document an enforceable agreement regarding the methods, measures, and conditions for treatment of those TCRs, as provided.

Local Regulations
Hollister Municipal Code
The HMC includes various directives pertaining to cultural resources and TCRs in Hollister. The HMC is organized by title, chapter, and section. Provisions related to cultural resources and TCRs are included in Title 15, Buildings and Construction, and Title 17, Zoning, as follows:
 Chapter 15.16, Historic Resources. This chapter ensures that the character and history of the city are reflected in its cultural, historical, and architectural heritage, asserting that “these historical and cultural foundations should be preserved as living parts of community life and development to build an understanding of the city’s past so that future generations may have a genuine opportunity to appreciate, enjoy and understand the heritage of the city,” and “…[i]n the face of modernization and urbanization, areas of historical and cultural interest are threatened with demolition.” The City, pursuant to the provisions of the National Historic Preservation Act of 1966 as amended, is to develop preservation programs and activities to maximize preservation efforts of the city’s unique architectural, historical, aesthetic, and cultural heritage.  Section 15.16.060, Powers and duties of commission. This section outlines the responsibilities of the Historic Resources Commission, including establishing criteria to conduct a comprehensive survey in conformance with federal and state survey standards and guidelines of historic resources; maintaining a local register of historic resources; and reviewing and commenting on the conduct of land use, housing and redevelopment, municipal improvement, and other types of planning and programs as they relate to the survey results and historic resources.

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 Section 15.16.090, Certificate of appropriateness (permits) required – Application. This section requires any permits for work for or on a designated historic resource to be reviewed and approved by the commission staff.
 Section 17.16.030, Archaeological and historic resources. This section addresses the incidental disruption of archaeological or historic resources discovered during any construction. This section requires cessation of construction activity, notification to the Planning Department, and examination by a qualified archaeologist or historian for historic resources, so that the extent and location of discovered materials are recorded, subject to the approval of the director, and disposition of artifacts are in compliance with applicable state and federal laws.

Hollister Downtown Design Guidelines
In 2008, the City prepared the Hollister Downtown Plan for Downtown Hollister, a revitalization plan with a series of visions to help the City’s downtown area evolve over time with specific projects that was not formally adopted by City Council. Section 7 of the Hollister Downtown Plan, herein referred to as the Downtown Design Guidelines, is however used by the City for redevelopment and new development. The Downtown Design Guidelines provide design guidelines to coordinate and orchestrate the overall development of downtown so that each development project exudes quality and contributes to a better, more livable, and vital downtown.

A large portion of Downtown Hollister is classified as the Downtown Hollister Historic District (see Section

4.5.1.3, Existing Conditions) and there are several individual buildings listed as historic buildings on the National Register throughout the downtown area. Accordingly, the Downtown Design Guidelines includes design guidelines for new development projects as well as downtown projects that involve renovating or modifying historic buildings (as determined by the National Register or local equivalent). These guidelines also apply to property owners who wish to maintain the historical integrity of a building.

The Downtown Design Guidelines include standards for renovating or modifying historic buildings and addresses roofs, building façades, projecting façade elements, landscaping, and mechanical equipment.

The Downtown Design Guidelines are to be used in conjunction with the guidelines for the appropriate building types (i.e., main street commercial building, apartment flat building, townhouse building, or detached house building) and other resources, such as the Secretary of the Interior’s standards. The Secretary of the Interior has prepared standards for preserving, rehabilitating, restoring, and reconstructing historic buildings.

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EXISTING CONDITIONS
Historical Context
Prehistory
Hollister is situated within Ohlone territory, which ranges from the Carquinez Strait to the southern border of Monterey Bay, and extends 50 miles inland.3 Eight Ohlone languages were spoken in the region, with Hollister situated within Ohlone’s Mutsun ethnolinguistic group, which extends inland from Monterey Bay.

Evidence suggests that the Ausaima Indians, who were part of the Ohlone linguistic group, had dwelt in the vicinity since 5,000 B.C. Ohlones lived in tribelets, or autonomous territory-dependent political units ranging from 50 to 500 people in size.4 Labor was divided between hunting and gathering based on gender, where women found a variety of nuts, seeds, and berries, while men hunted numerous creek, shore, and terrestrial species.5 Men hunted larger mammals with the bow and arrow, and devised communal drives and nets for smaller game. Resources were distributed via trade networks, but Ohlone groups imported relatively few goods: pinyon nuts and obsidian. In exchange for these goods, Ohlone exported mussels, salt, Olivella shells, abalone, and bows to the Sierra Miwok and Yokuts tribes.3 Historic Overview
Hollister is within the ancestral lands of the Ohlone (also known as Costanoan) people, which ranges from the Carquinez Strait to the southern border of Monterey Bay and extends 50 miles inland. Loosely united by related languages and histories, the Ohlone people have never constituted a single political or cultural entity. Prior to European settlement, Ohlone peoples spoke at least eight distinctive language dialects and were organized into roughly 50 documented villages and extended family groups.

Evidence suggests that the Ausaima Indians, who were part of the Ohlone linguistic group, have dwelt in the vicinity of the EIR Study Area since 5,000 B.C. Ohlones lived in tribelets, or autonomous territory- dependent political units, ranging from 50 to 500 people in size. Labor was divided between hunting and gathering based on gender; where women gathered a variety of nuts, seeds, and berries, while men hunted numerous creek, shore, and terrestrial species. Larger mammals were hunted with the bow and arrow and devised communal drives and nets for smaller game. Resources were distributed via trade networks, but Ohlone groups imported relatively few goods: pinyon nuts and obsidian. In exchange for these goods, Ohlone exported mussels, salt, olivella shells, abalone, and bows to the Sierra Miwok and Yokuts tribes.

Spanish colonials came to settle in the Bay Area and on the Central Coast during the seventeenth and eighteenth centuries, displacing the Ohlone people and their cultures. In 1797, Mission San Juan Bautista,

3 Levy, Richard. 1978. “Costanoan.” In California, edited by Robert F. Heizer, 485-495. Handbook of the North American Indians, vol. 8, William C. Sturtevant, general editor. Washington, DC: Smithsonian Institution. 4 Kroeber, Alfred L. 1925. Handbook of the Indians of California. Bureau of American Ethnology Bulletin 78. Washington, DC:

Smithsonian Institution. Reprinted 1976 by Dover Publications, New York. 5 Milliken, Randall. 1995. A Time of Little Choice: The Disintegration of Tribal Culture in the San Francisco Bay Area 1769– 1910. Menlo Park, CA: Ballena Press Publication.

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one of the many missions constructed along the California coast during this time period, was established by Franciscan Missionaries who sought to convert indigenous peoples to Catholicism and eliminate traditional cultural practices and beliefs. During this period of Mexican and European colonization, cultural and spiritual traditions of the Ohlone people were forced into dormancy or secrecy.

In 1839, Rancho San Justo was established by a land grant from the Mexican government. Shortly after, in 1868, 50 farmers established the San Justo Homestead Association and used their joint power to purchase 21,000 acres of land from Colonel William Hollister, a sheep rancher. The San Justo Homestead Association subdivided the land into homesteads, setting aside 100 acres for a town site. The city was incorporated that same year.

Settlement ramped up when the Southern Pacific Railroad line was extended through the community in 1870.6 By 1874, Hollister had been designated as San Benito County’s government seat. The city became the economic and social hub of the county. Surrounded by fertile soils of the upper San Benito Valley, Hollister benefited from agricultural success and grain trading. Some of California’s best wheat and hay was farmed in the region, and Hollister became known as "Hay City." By 1890, Hollister was exporting high volumes of hay for the whole region.6
Historical Resources
Despite its small size, Hollister had developed a substantial downtown by the early twentieth century.

Many historically significant buildings in downtown Hollister were destroyed in the San Francisco Earthquake of 1906 and the Loma Prieta Earthquake of 1989, which has diminished the historical relevance of the downtown. The surge of the suburbs starting in the 1960s has further obscured the community’s historical context.7 Nonetheless, Hollister still harbors a large number of recognized cultural resources.

Prehistoric and historic resources in the EIR Study Area are recorded in the California Built Environment Resources Directory (BERD) files, which keep a log of all nonarchaeological cultural resources in the State Office of Historic Preservation inventory. The California BERD contains documentation in the EIR Study Area, which consists of over 360 nonarchaeological cultural resources.8 Historical resources listed in both the National Register and California Register include:9, 10  Downtown Hollister Historic District
 Monterey Street Historic District
 Hawkins, Joel and Rena, House

6 City of Hollister, 2005. General Plan Final Program EIR, Page 4.6-1. 7 City of Hollister, 2005, General Plan Final Program EIR, Pages 4.6-2 and 4.9-2. Most of the text in this section come directly from the EIR with little alteration.
8 Office of Historic Preservation, March 2020. Built Environment Resource Directory (BERD), https://ohp.parks.ca.gov/pages/1068/files/San%20Benito.csv , accessed on May 6, 2020. 9 National Park Service, last updated September 2020. National Register of Historic Places, https://www.nps.gov/maps/full.html?mapId=7ad17cc9-b808-4ff8-a2f9-a99909164466 , accessed on January 23, 2023. 10 California Office of Historic Preservation, 2023. California Historical Resources, https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=35 , accessed on January 23, 2023.  Hollister Carnegie Library
 McCallum, Roy D., House

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Other cultural resources have been identified in previously prepared project-specific environmental review in Hollister. Two unrecorded cultural resources noted in the EIR Study Area, including a historic farm complex settled in the late 1860s and a historic building, dating from the early 1900s.6 The two National Register and California Register listed historic districts in Hollister are described herein and shown on Figure 4.5-1, Historic Districts in Hollister. Information about the districts is based on a review of the National Register nomination completed for each district in 1992. This nomination form is on file with the City of Hollister and provides a brief description of each building within each district.

Downtown Hollister Historic District
The Downtown Hollister Historic District (Downtown District) is concentrated along San Benito Street and intersecting streets between 4th and South Streets. It became listed on the National Register in January 1993.

The Downtown District is representative of the character of Hollister’s downtown prior to World War II and has a period of significance that spans the years from 1880 to 1942. At the time of district nomination to the National Register, it contained 83 buildings constructed over the course of the past 120 years; however, in June 1993, some of the contributing buildings in the 400 block of Monterey Street were damaged by fire. The Downtown District consists of 54 buildings (65 percent of total) that contribute to the historic character of downtown and 29 noncontributing buildings. The integrity of the district is high due to the concentration of historic resources. San Benito Street forms the spine of the district, extending north and south for more than four blocks. About half of the Downtown District’s buildings front San Benito Street. All but a few of the remaining buildings face the five crossing streets, the most important of which is Fifth Street.

Buildings within the Downtown District are primarily in retail use; others include civic and religious buildings, auxiliary structures, such as garages and warehouses, a few residential units, and one office building. The design of buildings within the district is utilitarian. However, a range of architectural styles is represented, including Italianate, Late Gothic Revival, Greek Revival, Neo-Classical Revival, and Mediterranean Revival. All of the contributing buildings within the Downtown District retain original materials and design elements above the first floor. These include original cornice treatments, ornamentation, and windows. Although only a few of the retail buildings have unaltered storefronts, many of the contributors not in retail use have first stories without substantial alteration.7 Monterey Street Historic District
The Monterey Street Historic District (Monterey Street District) became listed on the National Register in December 1992. The Monterey Street District reflects the architectural development of Hollister more clearly than any other group of buildings in the city. Monterey Street, an element of Hollister ’s original street grid, forms the spine of the district. It extends north and south for six blocks and consists of primarily single-family residences constructed between 1875 and 1941. The Monterey Street District reflects the state of architectural development in Hollister at the beginning of World War II. In particular, it depicts changes and continuities in residential architecture from the founding of the city to the end of the Great Depression.

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The Monterey Street District contains 252 buildings, of which, 188 (75 percent) contribute to its historic character. Major contributing structures mark each intersection. The Monterey Street District ’s integrity is high due to the concentration of resources and the large proportion of contributors, as well as the arrangement of the streets and the placement of buildings on their lots.

Representative architectural styles include Queen Anne, Gothic Revival, Italianate, Craftsman, Prairie and Gable-Front-and-Wing. Many of the houses were not designed to represent an architectural style. Some were purely functional and had no ornamental or stylistic pretension. Other buildings reflect style popular at different times during the district’s period of significance. Many display very sophisticated designs rendered with care and craftsmanship.11
Generally, the buildings within the Monterey Street District have suffered only minor alterations over the years. Typical alterations include additions, porch modifications, re-siding, and window replacement.

However, many buildings appear virtually unaltered since the time of construction, and many of the rest have alterations that date from the period of significance. Only about a half-dozen have lost their architectural integrity in the last 15 years. All of the Monterey Street District ’s contributing buildings retain important materials and design elements from the close of the period of significance. These include siding, roof shape and sizes, door and window openings and surrounds, porch location, and ornamentation. In almost all cases, the elements are original rather than pre-1942 alterations.7 Archaeological Resources
Less than 10 percent of the EIR Study Area has been surveyed for the presence of archaeological resources. Nevertheless, literature reveals that at least three prehistoric sites have been found in and within the vicinity of the EIR Study Area. These have been recorded with the Northwest Information Center of the California Archaeological Inventory and include: CA-SBN-14, a Native American burial site; CA-SBN-15, a site containing human-modified flakes (usually from carving projectile points); and CA-SBN- 181, a site also containing a flake scatter, suggesting the location of a campsite, and other cultural materials (e.g., core rocks). These remains are suggestive of one or more village sites in the EIR Study Area vicinity and point toward the need for project-level archaeological investigations.12 Native American Consultation
As previously described, Hollister is within the ancestral lands of the Ohlone (also known as Costanoan) people, which ranges from the Carquinez Strait to the southern border of Monterey Bay and extends 50 miles inland, and evidence suggests that the Ausaima Indians, who were part of the Ohlone linguistic group, have dwelt in the vicinity of the EIR Study Area since 5,000 B.C. In Hollister’s current setting, there is a diverse spectrum of culturally and politically active Ohlone families and tribes within the region. Tribal cultural resources often are less tangible than merely an object of the site itself. Sometimes, the

11 City of Hollister, 2005, General Plan Final Program EIR, Page 4.6-5. Most of the text in this section comes directly from the EIR with little alteration.
12 City of Hollister, 2005, General Plan Final Program EIR, Page 4.6-1. Most of the text in this section comes directly from the EIR with little alteration.

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importance is tied to views of or access to a sacred site. Therefore, consultation with culturally affiliated Native American tribes is key to identifying TCRs.

Pursuant to SB 18, a request was sent to the NAHC for a Tribal Consultation List in May 2020 and February 2024. The NAHC identified five local Native American representatives from the following tribes as potentially having local knowledge:
 Amah Mutsun Tribal Band
 Amah Mutsun Tribal Band of Mission San
Juan Bautista
 Indian Canyon Mutsun Band of Costanoan
 Xolon-Salinan Tribe
 Wuksachi Indian Tribe/Eshom Valley Band
The City notified the tribal representatives about the proposed project on May 13, 2020 and February 29, 2024, and asked for information about potential resources within the EIR Study Area.13 While the City and the representative for the Indian Canyon Mutsun Band of Costanoan Tribe were in contact, the representative requested to be added to the email distribution list, which the City did. As stated, the City contacted the Amah Mutsun Tribal Band and has not received any response to date.

Concurrently with the request for the Tribal Consultation List, a request was sent to the NAHC for a Sacred Lands File search. The NAHC reported that the result of the Sacred Lands File search was positive and provided direction for the City to contact the Amah Mutsun Tribal Band. As stated, the City contacted the Amah Mutsun Tribal Band and has not received any response to date.

4.5.2 STANDARDS OF SIGNIFICANCE
Implementation of the proposed project would result in significant cultural resources and tribal resources impacts if it would:

1. Cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5.

2. Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5.

3. Disturb any human remains, including those interred outside of dedicated cemeteries.

4. Cause a substantial adverse change in the significance of a TCR, defined in PRC Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is: (i) Listed or eligible for listing in the California Register, or in a local register of historical resources as defined in PRC Section 5020.1(k), or (ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC Section 5024.1. In applying the criteria set forth in subdivision (c) of the PRC Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance to a California Native American tribe.

13 See Appendix D, Revised Cultural Resources Data, of this Revised Draft EIR.

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5. In combination with past, present, and reasonably foreseeable projects, result in a cumulative impact with respect to cultural or tribal cultural resources.

4.5.3 IMPACT DISCUSSION
As described in Chapter 4, Environmental Analysis, of this Revised Draft EIR, some proposed 2040 General Plan policies and actions are required as means to mitigate environmental impacts under CEQA. These policies and actions are fully enforceable at the discretion of the decision-maker through permit conditions, agreements, or other legally binding instruments. These mitigating policies and actions use the imperative “shall,” include performance criteria, and are marked with an asterisk (*).

CUL-1 Implementation of the proposed project would not cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5.

The types of cultural resources that meet the definition of historical resources under CEQA Section 21084.1 generally consist of districts, sites, buildings, structures, and objects that are significant for their traditional, cultural, and/or historical associations. Under CEQA, both prehistoric and historic-period archaeological sites may qualify based on historical associations. As such, the two main historical resources that are subject to impact, and that may be impacted by implementation of the proposed project, are historical archaeological deposits and historical architectural resources. Archaeological deposits are addressed under Impact Discussion CUL-2, and human remains are addressed under Impact Discussion CUL-3.
2040 General Plan
As discussed under Section 4.5.1.2, Existing Conditions, a number of historical resources exist within the EIR Study Area. Therefore, implementation of the proposed project could have the potential to directly impact historical resources by altering land use regulations that govern these properties or surrounding sites. Implementation of the proposed 2040 General Plan would allow for an increase in residential, commercial, and industrial development in the EIR Study Area over the planning horizon of 2040.

Potential future development permitted under the proposed 2040 General Plan could cause a significant impact on the historical resources in question if new construction were incompatible with the existing historical resources’ site relationships that contribute to the significance of the existing property, or if the massing (height and bulk) of new construction were incompatible with the historical resource. Lastly, the design characteristics and materials of new construction could impact adjoining or nearby historical buildings. Because the proposed 2040 General Plan would allow denser new development by facilitating infill development opportunities through Policy LU-1.1, Infill Development, and Action LU-1.8, Infill Streamlining, in the proposed Land Use and Community Design (LU) Element, if potential future development near historic properties is not compatible, impacts on historical resources could be significant. Additionally, if potential future development were to directly impact existing resources, impacts on historical resources could be significant.

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The proposed Land Use and Community Design (LU) Element of the 2040 General Plan contains goals, policies, and actions that require local planning and development decisions to consider impacts to historical resources. The following proposed 2040 General Plan goals, policies, and actions would serve to minimize potential adverse impacts on historical resources:

Goal LU-10: Preserve and enhance the downtown as a major focus of the community. (new)  Policy LU-10.1: Downtown Visual Quality. Enhance the visual quality of the downtown through streetscape improvements, sign regulations, landscaping, maintenance, and the design of proposed buildings. (new)
 Policy LU-10.2: New and Modified Downtown Buildings. Require new development and exterior modifications to existing buildings in the downtown to be sited and designed to reflect the existing layout, architectural style, character, massing, and height of the existing buildings in the downtown area to ensure that exterior modifications, redevelopment, and infill development preserves and enhances the character of the downtown. (new)
 Policy LU-10.5: Downtown Building Design. Prohibit the use of corporate or franchise architecture, building branding, colors, and signage in the downtown. (new)  Policy LU-10:7: Downtown Scale. Maintain the scale and character of Hollister’s historic downtown and surrounding areas. (new)
 Policy LU-10.13: Downtown Site and Architectural Review. Require design review of all exterior modifications in the downtown area. (new)
 Action LU-10.1: Downtown Specific Plan. Prepare a Downtown Specific Plan for the downtown and surrounding area, including design guidelines, goals, and policies. (new)  Action LU-10.2: Downtown Revitalization. Conduct a study to assess the feasibility of providing incentives and/or targeted funding assistance to promote preservation and revitalization of the historic downtown, including assistance related to fault clearance and seismic retrofits to properties that are in the Alquist-Priolo fault zone of the downtown. (new) Goal LU-11: Preserve the diverse historic architecture of existing residential uses, and ensure that new development in these areas blends with the existing character of historic neighborhoods. (new)  Policy LU-11.2: Setback Patterns. Preserve existing setback patterns where possible in all new development or alterations to existing buildings in the Old Town Special Planning Area. (new) Goal LU-12: Preserve the look and feel of the existing residential neighborhood, while continuing to allow specific commercial office uses to transition from the Downtown to the surrounding residential uses. (new)
 Policy LU-12.2: Front Setback. Set back buildings 20 feet from the street, consistent with the existing historic development in the Home Office Special Planning Area. (new)

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Goal LU-15: Maintain and enhance Hollister’s small-town charm and identity. Ensure orderly development with attractive and high-quality design. (Goal LU1)
 Policy LU-15.1: Design Standards. Require the highest standards of architectural and site design, proper transitions between different land use types, and apply strong design controls for all development projects to encourage creative, high-quality, and innovative architecture and discourages the use of franchise architecture and/or corporate branding. (new)  Policy LU-15.2: Neighborhood Scale. Preserve and enhance the character of existing residential neighborhoods by limiting encroachment of new buildings and activities that are out of scale and character with surrounding uses. (Policy LU8.4)
 Policy LU-15.3: Design Compatibility. Ensure that exterior modifications of commercial, office, and industrial uses are compatible with the surrounding area. (new)  Policy LU-15.4: Design Review. Require design review of all new development, redevelopment, and exterior modifications to multifamily, commercial, office, and industrial buildings. (new) Goal LU-19: Preserve Hollister’s historic identity and historic and culturally important structures, assets, and districts for future generations. (new)
 *Policy LU-19.1: Historic Structure Preservation, Renovation, and Rehabilitation. Require the preservation, renovation, and rehabilitation of historic structures that conform to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures and the California Historical Building Code and require project applicants to demonstrate compliance with these standards when proposing new or redevelopment that could affect historic structures in Hollister. (new)
 Policy LU-19.2: Historic Neighborhoods. Ensure that existing historic neighborhoods remain intact by prohibiting incompatible uses and development types in designated historic districts or near designated historic properties. (Policy LU8.2)
 Policy LU-19.3: Property Coordination. Allow adjacent and abutting properties to work together to meet requirements such as fire exiting and access in rehabilitation and reuse projects of historic buildings. (new)
 Policy LU-19.4: Historic Preservation Funding. Pursue and promote historic preservation funding sources to incentivize the protection of historic resources. Examples include the California Mills Act Property Tax Abatement Program and federal Historic Preservation Tax Incentives Program. (new)  *Policy LU-19.5: Historic Structure Alteration. Prior to approving alteration (including demolition) of historically significant buildings, require the evaluation of alternatives, including structural preservation, relocation, or other mitigation, and demonstrate that financing has been secured for replacement use. Demolition of historically significant buildings shall only be considered after all other options have been thoroughly reviewed and exhausted. (new)  Policy LU-19.6: Historic Resource Education. Educate the public about Hollister’s historic and cultural resources. Foster public awareness and appreciation of the city’s historic, architectural, and archaeological resources and educate the community about how to preserve and improve these resources. (new)

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 Action LU-19.1: Historical Preservation Ordinance. Develop a Historic Preservation Ordinance that exceeds State standards for historic buildings. (modified)  Action LU-19.2: Historical Resources Inventory. Prepare an inventory and designation of potential sites and structures of architectural, historic, archaeological, and cultural significance. Consider listing the most significant structures or sites on the California Register of Historical Resources and the National Register of Historic Places. (Policy LU1.2 and Implementation Measure LU.L)  Action LU-19.3: State Historic Building Code. Adopt the California Historic Building Code and all subsequent updates. (new)
 Action LU-19.4: Historic and Cultural Resource Preservation Incentives. Conduct a study to consider establishing incentives for property owners to rehabilitate or preserve historic and cultural resources, such as expediting the permitting process, waiving or reducing City development fees, reducing parking requirements, and/or encouraging the adaptive reuse of historic buildings. (new)  Action LU-19.5: Historic Resources Commission. Form a historic resources commission whose function would be to evaluate the proposed demolition or alteration of historic buildings or cultural resources to minimize development impact. (new)
Because future development under the proposed 2040 General Plan has the potential to occur where historic buildings may exist, known and yet to be classified, impacts from the proposed General Plan 2040 are potentially significant.

Impact CUL-1: Impacts to known or yet to be classified historic buildings or structures could occur from potential future development under the proposed 2040 General Plan.

Significance with Mitigation: Less than significant. Implementation of the proposed 2040 General Plan goals, policies, and actions would ensure that new development and exterior remodels are compatible with cultural and historic resources; that landmarks and historic treasures would be preserved, enhanced, and rehabilitated; and that cultural and historic resources in the EIR Study Area would be protected and restored. Specifically, proposed *Policy LU-19.1, Historic Structure Preservation, Renovation, and Rehabilitation, would mitigate potential impacts by requiring the City to promote preservation, renovation and rehabilitation of historic structures that conform to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures and the California Historical Building Code and require project applicants to demonstrate compliance with these standards when proposing new or redevelopment that could affect historic structures in Hollister, and proposed *Policy LU-19.5, Historic Structure Alteration, would require that prior to approving alteration (including demolition) of historically significant buildings, the City shall require the evaluation of alternatives, including structural preservation, relocation or other mitigation, and demonstrate that financing has been secured for replacement use. Demolition of historically significant buildings shall only be considered after all other options have been thoroughly reviewed and exhausted. Additionally, implementation of the proposed 2040 General Plan would require the formation of a historic resources commission whose function would be to evaluate the proposed demolition or alteration of historic buildings or cultural resources to minimize development impact.

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Furthermore, Hollister Municipal Code (HMC) Section 15.04.050 adopts the California State Historic Building Code, which provides regulations for permitting repairs, alterations, and additions necessary for the preservation, rehabilitation, relocation, related construction, change of use, or continued use of a qualified historical building or structure. Section 15.16.060 of the HMC outlines the responsibilities of the Historic Resources Commission, including establishing criteria to conduct a comprehensive survey in conformance with federal and state survey standards and guidelines of historic resources; maintaining a local register of historic resources; and reviewing and commenting on the conduct of land use, housing and redevelopment, municipal improvement, and other types of planning and programs as they relate to the survey results and historic resources. Additionally, any permits for work for or on a designated historic resource are to be reviewed and approved by the commission staff, as outlined in HMC Section 15.16.090. HMC Section 17.16.030 establishes the procedure in the event of discovery of a historic resource during construction. Construction activities are to cease, and the City’s Planning Department is to be notified so that a qualified historian may record the extent and location of discovered materials. Additionally, the City’s Downtown Design Guidelines contain design guidelines for new development projects as well as downtown projects that involve renovating or modifying historic buildings (as determined by the National Register or local equivalent). These guidelines also apply to property owners who wish to maintain the historical integrity of a building. The Downtown Design Guidelines include standards for renovating or modifying historic buildings and addresses roofs, building façades, projecting façade elements, landscaping, and mechanical equipment. The Downtown Design Guidelines are to be used in conjunction with the guidelines for the appropriate building types (i.e., main street commercial building, apartment flat building, townhouse building, or detached house building) and other resources, such as the Secretary of the Interior’s standards.

Finally, CEQA would require that future potential projects permitted under the proposed 2040 General Plan with the potential to significantly impact historical resources be subject to project-level CEQA review wherein the future potential project’s potential to affect the significance of a surrounding historical resource would be evaluated and mitigated to the extent feasible. The requirement for subsequent CEQA review, pursuant to state law, would minimize the potential for new development to indirectly affect the significance of existing historical resources to the maximum extent practicable.

Potential impacts from future development on historical resources could lead to (1) demolition, which by definition results in the material impairment of a resource’s ability to convey its significance; (2) inappropriate modification, which may use incompatible materials, designs, or construction techniques in a manner that alters character-defining features; and (3) inappropriate new construction, which could introduce incompatible new buildings that clash with an established architectural context. While any of these scenarios, especially demolition and alteration, have the potential to change the historic fabric or setting of an architectural resource such that the resource’s ability to convey its significance may be materially impaired, adherence to the proposed 2040 General Plan goals, policies, and actions, specifically, proposed *Policy LU-19.1, Historic Structure Preservation, Renovation, and Rehabilitation, and proposed *Policy LU-19.5, Historic Structure Alteration, and HMC regulations identified, and compliance with federal and state laws as described in Section 4.5.1.1, Regulatory Framework, would ensure future development would not be detrimental or injurious to property or improvements in the vicinity and impacts would be less than significant.

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Climate Action Plan
The proposed Climate Action Plan (CAP) is a strategic plan focused on greenhouse gas (GHG) emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan.

Since the proposed CAP does not involve any land use changes that would affect cultural resources, implementation of the proposed CAP would not cause a substantial adverse change in the significance of a historical resource and impacts would be less than significant.

Significance without Mitigation: Less than significant.

Agricultural Lands Preservation Program
The proposed Agricultural Lands Preservation Program (ALPP) is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would affect cultural resources, implementation of the proposed ALPP would not cause a substantial adverse change in the significance of a historical resource and impacts would be less than significant.

Significance without Mitigation: Less than significant.

CUL-2 Implementation of the proposed project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5.

Historical and pre-contact archaeological deposits that meet the definition of archaeological resources under CEQA could be damaged or destroyed by ground-disturbing activities associated with future development. A substantial adverse change in the significance of an archaeological resource would occur from its demolition, destruction, relocation, or alteration such that the significance of the resource would be materially impaired per CEQA Guidelines Section 15064.5(b)(1). Should this occur, the ability of the deposits to convey their significance, either through containing information important in prehistory or history, or through possessing traditional or cultural significance to Native American or other descendant communities, would be materially impaired.
2040 General Plan
As discussed in Section 4.5.1.2, Existing Conditions, there were three prehistoric sites in and within the vicinity of the EIR Study Area that contain archaeological resources. These sites suggest the presence of other sites that may contain archaeological resources.

The proposed Land Use and Community Design (LU), Open Space and Agricultural (OS), and Natural Resource and Conservation (NRC) Elements of the 2040 General Plan contains goals, policies, and actions that require local planning and development decisions to consider impacts to cultural resources, including

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archaeological resources. The following proposed 2040 General Plan goals, policies, and actions, in addition to those listed under Impact Discussion CUL-1, would serve to minimize potential adverse impacts on archaeological resources:

Goal LU-1: Promote orderly and balanced growth in Hollister’s Planning Area. (Goal LU6)  Policy LU-1.1: Infill Development. Ensure an orderly pattern of development in the city that prioritizes infill development over the annexation of properties. (new)  Policy LU-1.5: Development Projects Outside of the City. The City shall not accept an application for any projects (subdivision, grading, development, etc.) for any land that has not been annexed into the City Limits. (new)
 Policy LU-1.9: Contiguous Annexations. Prohibit any annexations of land that are not contiguous to City Limits. Annexation of land that would result in formation of a County “island” or irregular city boundary shall not be permitted. (new)
 Action LU-1.8: Infill Streamlining. Update the City’s regulatory measures to make it easier to develop in infill areas than at other locations in the city. Infill development means those areas already surrounded by development. (new)
Goal LU-15: Maintain and enhance Hollister’s small-town charm and identity. Ensure orderly development with attractive and high-quality design. (Goal LU1)
 Policy LU-15.5: Environmentally Sensitive Areas. Design new developments to mitigate environmental impacts by locating development away from environmentally sensitive areas. (new) Goal OS-1: Preserve and protect open space and the natural environment for all to enjoy. (Goal OS1)  Policy OS-1.1: Open Space Preservation. Retain and protect open space areas through the protection of prime farmlands, the prevention of new development in areas subject to natural and human- caused hazards, that serve as wildlife habitat or as visual assets for the community, and where the development of additional parks and trails is possible. Open space areas can also function as connections between neighborhoods, for example with the creation of pedestrian pathways in environmentally appropriate areas. (Policy OS1.1)
 Policy OS-1.3: Cluster Development. Wherever feasible, encourage those proposing development to cluster planned residential development, leaving open space buffers in proposed site plans, particularly on the borders of development facing agricultural uses and State Routes 25 and 156. This will diminish the potential for land use conflicts and improve opportunities for visual harmonization between agricultural and urban activities. (Policy OS1.2)  Policy OS-1.5: Open Space Use. Protect and preserve the natural value of open space and wildlife habitat areas while permitting educational and recreational uses compatible with these resources.

Uses of open space areas shall be secondary to open space preservation. (Policy OS1.5)  Policy OS-1.6: Site Planning to Preserve Open Space. Consider the use of creative site planning in a way that is responsive to open space values. Require those proposing new development to design open spaces to minimize paved areas and to maximize landscaping to reduce outdoor air temperatures around buildings in warm weather. (Policy OS1.3)

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Goal NRC-2: Protect and preserve the tribal cultural resources in the Hollister Sphere of Influence. (new)  *Policy NRC-2.3: Protection and Preservation of Archaeological Resources. Require project applicants to comply with state and federal standards to evaluate and mitigate impacts to tribal resources prior to project approval. Continue to require that project areas found to contain significant archaeological resources be examined by a qualified consulting archaeologist with recommendations for protection and preservation. (new)
Because future development under the proposed 2040 General Plan may occur where there is the potential for archeological resources, known and unknown, impacts from the proposed General Plan 2040 are potentially significant.

Impact CUL-2: Impacts to known and unknown archeological resources could occur from potential future development under the proposed 2040 General Plan.

Significance with Mitigation: Less than significant. Implementation of the proposed 2040 General Plan goals, policies, and actions would ensure that new development in the EIR Study Area reduces potential impacts to archeological resources. Specifically, proposed *Policy NRC-2.3, Protection and Preservation of Archaeological Resources, would mitigate impacts from potential future development by requiring future project applicants to comply with state and federal standards to evaluate and mitigate impacts to archeological resources, including requiring that project areas found to contain significant archaeological resources be examined by a qualified consulting archaeologist with recommendations for protection and preservation. Additionally, the City plans to actively encourage infill development through the implementation of the proposed 2040 General Plan to focus new residential and job-generating uses in the downtown and on residential and mixed-use infill sites where development already occurs and is in close proximity to existing infrastructure and services.

The City does not support new urban development outside of the proposed Sphere of Influence (SOI) and will work with the County to focus future development in already urbanized areas, thereby reducing the potential for unearthing archaeological resources on undeveloped lands. Specifically, proposed Policy LU-1.1, Infill Development, requires the City to maintain a well-defined compact urban form that prioritizes infill development over the annexation of properties, thus reducing potential impacts to development in undisturbed lands which are more likely to contain unknown archaeological resources. Where development is considered outside of the SOI, future development with a proposed Specific Plan land use designation would be subject to additional site-specific policies to guide development and protect potential archeological resources in these areas. As demonstrated, the proposed General Plan goals, policies, and actions encourage infill development, adaptive reuse of structures, development on underutilized land, and the protection of open spaces, and specifically proposed *Policy NRC-2.3 requires the City to evaluate and mitigate project-specific impacts to archeological resources, which would reduce the potential for disturbing archaeological deposits since ground-disturbing activities have already taken place in developed areas.

As further shown in Impact Discussion CUL-4, the proposed 2040 General Plan also promotes the registration of historic sites in the National and California Register and requires applicants of major development projects to consult with Native American representatives regarding cultural resources to

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identify locations of importance to Native Americans, including archaeological sites and traditional cultural properties.

Compliance with existing federal, state, and local laws and regulations, and the proposed 2040 General Plan goals, policies, and actions listed previously, would protect recorded and unrecorded archaeological deposits in the greater EIR Study Area by providing for the early detection of potential conflicts between development and resource protection, and by preventing or minimizing the material impairment of the ability of archaeological deposits to convey their significance through excavation or preservation would ensure that potential impacts from implementation of the proposed 2040 General Plan would be less than significant.

Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. Since the proposed CAP does not involve any land use changes that would affect cultural resources, implementation of the proposed CAP would not cause a substantial adverse change in the significance of an archaeological resource and impacts would be less than significant.

Significance without Mitigation: Less than significant.

Agricultural Lands Preservation Program
The proposed Agricultural Lands Preservation Program (ALPP) is a program focused on mitigating the effects of agricultural land conversion through the dedication of eligible agricultural conservation easements at a rate of at least one acre of agricultural land for each one acre of agricultural land to be converted (1:1 ratio) for projects that would convert agricultural land to nonagricultural uses. Since the proposed ALPP does not involve any land use changes that would affect cultural resources, implementation of the proposed ALPP would not cause a substantial adverse change in the significance of an archaeological resource and impacts would be less than significant.

Significance without Mitigation: Less than significant.

CUL-3 Implementation of the proposed project would not disturb any human remains, including those interred outside of dedicated cemeteries.

Previously undiscovered human remains associated with pre-contact archaeological deposits may exist within the EIR Study Area, as ground-disturbing activities sometimes uncover such previously unrecorded remains. As described under Impact Discussion CUL-2, ground-disturbing activities and excavation from potential future development would have the potential to uncover buried resources. It is possible that human remains may be present in the EIR Study Area. Descendant communities may ascribe religious or cultural significance to such remains, making any such disturbances a potentially significant impact.

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2040 General Plan
As described under Impact Discussion CUL-2, the proposed Land Use and Community Design (LU) and Open Space and Agricultural (OS) Elements of the 2040 General Plan contains goals, policies, and actions that require local planning and development decisions to consider impacts to archaeological resources, which includes human remains. Additionally, procedures of conduct following the discovery of human remains have been mandated by Health and Safety Code Section 7050.5, PRC Section 5097.98, and the CEQA Guidelines Section 15064.5(e), as described in Section 4.5.1.2, Regulatory Framework. According to the provisions in CEQA, in the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated. The San Benito County Coroner shall be notified immediately. The Coroner shall then determine whether the remains are Native American. If the Coroner determines the remains are Native American, the Coroner shall notify the NAHC within 24 hours, who will, in turn, notify the person the NAHC identifies as the Most Likely Descendant (MLD) of any human remains. Further actions shall be determined, in part, by the desires of the MLD. The MLD has 48 hours to make recommendations regarding the disposition of the remains following notification from the NAHC of the discovery. If the MLD does not make recommendations within 48 hours, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance. If the NAHC is unable to identify an MLD, the MLD fails to make a recommendation within 48 hours after being notified, or the landowner rejects the recommendation of the MLD, and mediation by the NAHC fails to provide measures acceptable to the landowner, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance. Furthermore, as discussed under Impact Discussion CUL-2, the proposed Natural Resource and Conservation (NRC) Element includes *Policy NRC-2.3, Protection and Preservation of Archaeological Resources, which required the City to comply with state and federal standards to evaluate and mitigate impacts to tribal resources, which can include Native American remains, and to continue to require that project areas found to contain significant archaeological resources be examined by a qualified consulting archaeologist with recommendations for protection and preservation. Impact Discussion CUL-4 includes a specific discussion on the proposed 2040 General Plan includes goals, policies, and actions to protect TCRs, which, as stated, may include Native American human remains.

Therefore, with the mandatory regulatory procedures and compliance with the proposed 2040 General Plan goals, policies, and actions, potential impacts related to the potential discovery or disturbance of any human remains accidently unearthed during construction activities associated with future development resulting from implementation of the proposed 2040 General Plan would be less than significant.

Significance with Mitigation: Less than significant. As discussed under Impact Discussion CUL-1, implementation of proposed 2040 General Plan *Policy NRC-2.3, Protection and Preservation of Archaeological Resources, would mitigate impacts to archeological resources, which could include human remains.

Climate Action Plan
The proposed CAP is a strategic plan focused on GHG emissions reduction through recommended community-wide GHG reduction strategies and an implementation plan. Since the proposed CAP does not involve any land use changes that would affect cultural resources, implementation of the proposed CAP