Agenda packet — Newman City Council, October 22, 2024 (part 5 of 5)

VMT ANALYSIS
The methodology for VMT analysis was developed in consideration of statewide and regional guidance.

The Governor’s Office of Planning and Research (OPR) has provided statewide guidance for VMT analysis in its Technical Advisory for Evaluating Transportation Impacts in CEQA (OPR 2018).

Rather than relying completely on statewide guidance, many agencies throughout California have prepared guidance that takes into account factors specific to regional and/or local conditions. At the time of this VMT analysis, regional guidance was not available through the Stanislaus Council of Governments (StanCOG) or Stanislaus County. Therefore, regional guidance prepared within the San Joaquin Valley was considered.

Of the agencies within the San Joaquin Valley that have prepared guidelines for VMT analysis, the agency that is closest to the City of Newman in both distance and local characteristics is the Merced County Association of Governments (MCAG). Merced County borders the City of Newman to the south.

Therefore, the MCAG guidelines were followed in preparing this VMT analysis (MCAG VMT Thresholds and Implementation Guidelines, MCAG/LSA, November 2022).

The MCAG guidance includes the following statement on VMT analysis of land use plans:
 “The recommended methodology for conducting VMT assessments for land use plans is to compare the existing VMT per capita, VMT per employee, and/or VMT per service population for the region with the respective expected horizon year VMT metrics for the different land use components (VMT per capita, VMT per employee, and/or VMT per service population) of the land use plan (project). If there is a net increase in the VMT metric under horizon year conditions, then the project will have a significant impact.“
This guidance was refined as follows to determine a significance threshold for VMT analysis of the City of Newman’s Housing Element:
 For VMT analysis purposes, the geographic area on which to base the VMT analysis was defined to be the City of Newman.
 The analysis was based on a determination of whether the proposed residential units would increase or decrease VMT per capita. An increase in VMT per capita was defined as a significant impact.
 The analysis was based on consideration of existing VMT characteristics in the City of Newman (without the project) and buildout of the project (a horizon year in which all of the project’s residential units would be built).

The project characteristics were reviewed to determine whether the project would increase VMT as compared to the existing average VMT per capita. One project characteristic was identified that distinguishes the residential development proposed per the Housing Element Update from existing Teri Wissler Adam
January 9, 2024

Page 3 of 3 ends

residential development within Newman, and that was the percentage of planned versus existing housing stock in the city that would be considered affordable. With the implementation of the project, the construction of affordable residential units will be encouraged. Per analysis provided by EMC Planning Group, it is estimated that approximately 12% of the existing residential units in the city are affordable and 40% of the proposed residential units would be affordable.

Affordable residential units are considered to generate less VMT than market-rate residential units. The MCAG guidelines include provisions for screening out residential projects out of the requirement for a VMT analysis when they are 100% affordable. Statewide VMT analysis guidance prepared by the Governor’s Office of Planning and Research includes the following statements with respect to affordable housing: (1) “Adding affordable housing to infill locations generally improves jobs-housing match, in turn shortening commutes and reducing VMT”, and (2) “In areas where existing jobs-housing match is closer to optimal, low income housing nevertheless generates less VMT than market-rate housing.” Since the project includes a substantially greater percentage of affordable housing relative to the existing citywide average, the project is expected to reduce existing average VMT per capita in the City of Newman. Therefore, the proposed project is expected to have a less than significant VMT impact.

Please contact me if you have any questions. I can be reached by email at [email protected] or by phone at 858/361-7151.

Project Location
LEGEND
Exhibit
1 Newman Housing Element VMT Analysis
Regional Location
North
Exhibit 2
Newman Housing Element VMT Analysis
Project Location

City of Newman CalEEMod Energy Results E

APPENDIX

Newman HE_Unmitigated Detailed Report, 7/10/2024
88 / 103
2025 0.00 204 0.03 < 0.005
2030 0.00 204 0.03 < 0.005
2026 0.00 204 0.03 < 0.005
2027 0.00 204 0.03 < 0.005
2028 0.00 204 0.03 < 0.005
2029 0.00 204 0.03 < 0.005

5.9. Operational Mobile Sources

5.9.1. Unmitigated
Land Use Type Trips/Weekday Trips/Saturday Trips/Sunday Trips/Year VMT/Weekday VMT/Saturday VMT/Sunday VMT/Year Apartments Mid Rise 2,459 2,219 1,849 853,182 29,032 26,203 21,827 10,073,374 Single Family
Housing
10,072 10,179 9,123 3,632,502 118,924 120,184 107,712 42,888,320 Apartments Low
Rise
2,291 2,548 1,966 832,683 27,051 30,082 23,208 9,831,341

5.9.2. Mitigated
Land Use Type Trips/Weekday Trips/Saturday Trips/Sunday Trips/Year VMT/Weekday VMT/Saturday VMT/Sunday VMT/Year Apartments Mid Rise 2,459 2,219 1,849 853,182 29,032 26,203 21,827 10,073,374 Single Family
Housing
10,072 10,179 9,123 3,632,502 118,924 120,184 107,712 42,888,320 Apartments Low
Rise
2,291 2,548 1,966 832,683 27,051 30,082 23,208 9,831,341

5.10. Operational Area Sources

5.10.1. Hearths
Newman HE_Unmitigated Detailed Report, 7/10/2024
89 / 103

5.10.1.1. Unmitigated
Hearth Type Unmitigated (number)
Apartments Mid Rise—
Wood Fireplaces0
Gas Fireplaces 226
Propane Fireplaces0
Electric Fireplaces0
No Fireplaces 226
Conventional Wood Stoves0
Catalytic Wood Stoves 23
Non-Catalytic Wood Stoves 23
Pellet Wood Stoves0
Single Family Housing—
Wood Fireplaces0
Gas Fireplaces 534
Propane Fireplaces0
Electric Fireplaces0
No Fireplaces 534
Conventional Wood Stoves0
Catalytic Wood Stoves 53
Non-Catalytic Wood Stoves 53
Pellet Wood Stoves0
Apartments Low Rise—
Wood Fireplaces0
Gas Fireplaces 157
Propane Fireplaces0
Electric Fireplaces0
Newman HE_Unmitigated Detailed Report, 7/10/2024
90 / 103
No Fireplaces 157
Conventional Wood Stoves0
Catalytic Wood Stoves 16
Non-Catalytic Wood Stoves 16
Pellet Wood Stoves0

5.10.1.2. Mitigated
Hearth Type Unmitigated (number)
Apartments Mid Rise—
Wood Fireplaces0
Gas Fireplaces 226
Propane Fireplaces0
Electric Fireplaces0
No Fireplaces 226
Conventional Wood Stoves0
Catalytic Wood Stoves 23
Non-Catalytic Wood Stoves 23
Pellet Wood Stoves0
Single Family Housing—
Wood Fireplaces0
Gas Fireplaces 534
Propane Fireplaces0
Electric Fireplaces0
No Fireplaces 534
Conventional Wood Stoves0
Catalytic Wood Stoves 53
Non-Catalytic Wood Stoves 53
Newman HE_Unmitigated Detailed Report, 7/10/2024
91 / 103
Pellet Wood Stoves 0
Apartments Low Rise —
Wood Fireplaces 0
Gas Fireplaces 157
Propane Fireplaces 0
Electric Fireplaces 0
No Fireplaces 157
Conventional Wood Stoves 0
Catalytic Wood Stoves 16
Non-Catalytic Wood Stoves 16
Pellet Wood Stoves 0

5.10.2. Architectural Coatings
Residential Interior Area Coated (sq ft) Residential Exterior Area Coated (sq ft) Non-Residential Interior Area Coated (sq ft)
Non-Residential Exterior Area Coated
(sq ft)
Parking Area Coated (sq ft)
5763858.75 1,921,286 0.00 0.00 —

5.10.3. Landscape Equipment
Season Unit Value
Snow Days day/yr 0.00
Summer Days day/yr 180

5.10.4. Landscape Equipment - Mitigated
Season Unit Value
Snow Days day/yr 0.00
Summer Days day/yr 180
Newman HE_Unmitigated Detailed Report, 7/10/2024
92 / 103

5.11. Operational Energy Consumption

5.11.1. Unmitigated
Electricity (kWh/yr) and CO2 and CH4 and N2O and Natural Gas (kBTU/yr) Land Use Electricity (kWh/yr) CO2 CH4 N2O Natural Gas (kBTU/yr) Apartments Mid Rise 2,042,051 204 0.0330 0.0040 6,234,206 Single Family Housing 9,096,932 204 0.0330 0.0040 31,039,057 Apartments Low Rise 1,391,244 204 0.0330 0.0040 4,757,328

5.11.2. Mitigated
Electricity (kWh/yr) and CO2 and CH4 and N2O and Natural Gas (kBTU/yr) Land Use Electricity (kWh/yr) CO2 CH4 N2O Natural Gas (kBTU/yr) Apartments Mid Rise 2,044,267 204 0.0330 0.0040 0.00
Single Family Housing 9,101,049 204 0.0330 0.0040 0.00
Apartments Low Rise 1,393,738 204 0.0330 0.0040 0.00

5.12. Operational Water and Wastewater Consumption

5.12.1. Unmitigated
Land Use Indoor Water (gal/year) Outdoor Water (gal/year) Apartments Mid Rise 16,722,840 0.00
Single Family Housing 41,155,690 203,849,424
Condo/Townhouse 18,921,239 0.00

5.12.2. Mitigated
Land Use Indoor Water (gal/year) Outdoor Water (gal/year)

City of Newman 2031 Housing Element Fuel Demand F

APPENDIX

APPENDIX F
EMFAC2021
City of Newman 2031 Housing Element
2031 Fuel Demand
Vehicle Class Fuel Process Kgal/day Fuel Type
All Other Buses Dsl IDLEX 7.71E-05 Diesel
All Other Buses Dsl RUNEX 0.006563 Kgal/day
LDA Dsl RUNEX 0.001618 KGal/yr
LDT1 Dsl RUNEX 1.09E-06
LDT2 Dsl RUNEX 0.003176 Gas
LHD1 Dsl IDLEX 0.000859 Kgal/day
LHD1 Dsl RUNEX 0.137465 KGal/yr
LHD2 Dsl IDLEX 0.000544
LHD2 Dsl RUNEX 0.067324 Hybrid
MDV Dsl RUNEX 0.012108 kgal/day
MH Dsl RUNEX 0.004362 Kgal/yr
Motor Coach Dsl IDLEX 0.000282
Motor Coach Dsl RUNEX 0.005693 TOTAL
PTO Dsl RUNEX 0.020084 KGal/yr
SBUS Dsl IDLEX 0.001008 Gal/yr
SBUS Dsl RUNEX 0.010989
T6 CAIRP Class 4 Dsl IDLEX 3.89E-06
T6 CAIRP Class 4 Dsl RUNEX 0.000508
T6 CAIRP Class 5 Dsl IDLEX 5.01E-06 Mileage
T6 CAIRP Class 5 Dsl RUNEX 0.000704 Check:

T6 CAIRP Class 6 Dsl IDLEX 1.94E-05
T6 CAIRP Class 6 Dsl RUNEX 0.001765 VMT/yr
T6 CAIRP Class 7 Dsl IDLEX 3.15E-05 mpg
T6 CAIRP Class 7 Dsl RUNEX 0.011109
T6 Instate Delivery Class 4 Dsl IDLEX 0.000253
T6 Instate Delivery Class 4 Dsl RUNEX 0.004856
T6 Instate Delivery Class 5 Dsl IDLEX 0.000274
T6 Instate Delivery Class 5 Dsl RUNEX 0.005244
T6 Instate Delivery Class 6 Dsl IDLEX 0.00085
T6 Instate Delivery Class 6 Dsl RUNEX 0.016277
T6 Instate Delivery Class 7 Dsl IDLEX 0.000352
T6 Instate Delivery Class 7 Dsl RUNEX 0.009779
T6 Instate Other Class 4 Dsl IDLEX 0.001068
T6 Instate Other Class 4 Dsl RUNEX 0.022047
T6 Instate Other Class 5 Dsl IDLEX 0.002264
T6 Instate Other Class 5 Dsl RUNEX 0.047403
T6 Instate Other Class 6 Dsl IDLEX 0.001433
T6 Instate Other Class 6 Dsl RUNEX 0.029857
T6 Instate Other Class 7 Dsl IDLEX 0.001336
T6 Instate Other Class 7 Dsl RUNEX 0.023868
T6 Instate Tractor Class 6 Dsl IDLEX 3.11E-05

APPENDIX F
EMFAC2021
City of Newman 2031 Housing Element
2031 Fuel Demand
T6 Instate Tractor Class 6 Dsl RUNEX 0.000713
T6 Instate Tractor Class 7 Dsl IDLEX 0.001482
T6 Instate Tractor Class 7 Dsl RUNEX 0.036743
T6 OOS Class 4 Dsl IDLEX 2.51E-06
T6 OOS Class 4 Dsl RUNEX 0.000333
T6 OOS Class 5 Dsl IDLEX 3.20E-06
T6 OOS Class 5 Dsl RUNEX 0.000459
T6 OOS Class 6 Dsl IDLEX 1.27E-05
T6 OOS Class 6 Dsl RUNEX 0.001174
T6 OOS Class 7 Dsl IDLEX 1.70E-05
T6 OOS Class 7 Dsl RUNEX 0.007938
T6 Public Class 4 Dsl IDLEX 0.000103
T6 Public Class 4 Dsl RUNEX 0.001398
T6 Public Class 5 Dsl IDLEX 0.000324
T6 Public Class 5 Dsl RUNEX 0.004194
T6 Public Class 6 Dsl IDLEX 0.000278
T6 Public Class 6 Dsl RUNEX 0.003702
T6 Public Class 7 Dsl IDLEX 0.000437
T6 Public Class 7 Dsl RUNEX 0.007107
T6 Utility Class 5 Dsl IDLEX 2.98E-05
T6 Utility Class 5 Dsl RUNEX 0.000844
T6 Utility Class 6 Dsl IDLEX 5.62E-06
T6 Utility Class 6 Dsl RUNEX 0.000159
T6 Utility Class 7 Dsl IDLEX 6.24E-06
T6 Utility Class 7 Dsl RUNEX 0.000216
T7 CAIRP Class 8 Dsl IDLEX 0.02348
T7 CAIRP Class 8 Dsl RUNEX 0.304267
T7 NNOOS Class 8 Dsl IDLEX 0.02671
T7 NNOOS Class 8 Dsl RUNEX 0.380325
T7 NOOS Class 8 Dsl IDLEX 0.011719
T7 NOOS Class 8 Dsl RUNEX 0.140611
T7 Other Port Class 8 Dsl IDLEX 0.000135
T7 Other Port Class 8 Dsl RUNEX 0.006779
T7 POAK Class 8 Dsl IDLEX 0.000639
T7 POAK Class 8 Dsl RUNEX 0.014812
T7 POLA Class 8 Dsl IDLEX 0.000844
T7 POLA Class 8 Dsl RUNEX 0.026949
T7 Public Class 8 Dsl IDLEX 0.000991
T7 Public Class 8 Dsl RUNEX 0.024195
T7 Single Concrete/Transit Mix Class 8 Dsl IDLEX 0.000359 T7 Single Concrete/Transit Mix Class 8 Dsl RUNEX 0.009056 T7 Single Dump Class 8 Dsl IDLEX 0.000823
T7 Single Dump Class 8 Dsl RUNEX 0.014691
T7 Single Other Class 8 Dsl IDLEX 0.003038

APPENDIX F
EMFAC2021
City of Newman 2031 Housing Element
2031 Fuel Demand
T7 Single Other Class 8 Dsl RUNEX 0.05629
T7 SWCV Class 8 Dsl IDLEX 0.000287
T7 SWCV Class 8 Dsl RUNEX 0.020322
T7 Tractor Class 8 Dsl IDLEX 0.018129
T7 Tractor Class 8 Dsl RUNEX 0.222242
T7 Utility Class 8 Dsl IDLEX 2.44E-05
T7 Utility Class 8 Dsl RUNEX 0.001135
UBUS Dsl RUNEX 0.002614
LDA Gas RUNEX 2.090361
LDA Gas STREX 0.060837
LDT1 Gas RUNEX 0.163835
LDT1 Gas STREX 0.005695
LDT2 Gas RUNEX 1.178473
LDT2 Gas STREX 0.03617
LHD1 Gas IDLEX 0.000948
LHD1 Gas RUNEX 0.245172
LHD1 Gas STREX 0.003118
LHD2 Gas IDLEX 0.000182
LHD2 Gas RUNEX 0.043502
LHD2 Gas STREX 0.000498
MCY Gas RUNEX 0.010481
MCY Gas STREX 0.001037
MDV Gas RUNEX 0.999814
MDV Gas STREX 0.034183
MH Gas RUNEX 0.016536
MH Gas STREX 2.83E-06
OBUS Gas IDLEX 4.59E-05
OBUS Gas RUNEX 0.007668
OBUS Gas STREX 7.81E-05
SBUS Gas IDLEX 0.000604
SBUS Gas RUNEX 0.009827
SBUS Gas STREX 5.13E-05
T6TS Gas IDLEX 0.000249
T6TS Gas RUNEX 0.039613
T6TS Gas STREX 0.000411
T7IS Gas RUNEX 0.000106
T7IS Gas STREX 5.17E-07
UBUS Gas RUNEX 0.001751
UBUS Gas STREX 7.91E-06
LDA Phe RUNEX 0.048423
LDA Phe STREX 0.002117
LDT1 Phe RUNEX 0.000614
LDT1 Phe STREX 2.88E-05
LDT2 Phe RUNEX 0.008999

APPENDIX F
EMFAC2021
City of Newman 2031 Housing Element
2031 Fuel Demand
LDT2 Phe STREX 0.000471
MDV Phe RUNEX 0.006021
MDV Phe STREX 0.000391

APPENDIX F
EMFAC2021
City of Newman 2031 Housing Element
2031 Fuel Demand
Demand

1.83 668.91

4.951261667
1807.210509

0.067063839

24.47830127
2500.60
2500602.378
62793035

25.1 Table of Contents
MITIGATION MONITORING AND REPORTING PROGRAM .................................................. 1

1.1 Introduction ............................................................................................................................... 1

1.2 Mitigation Monitoring and Reporting Program.................................................................... 1

1.3 Mitigation Monitoring and Reporting Program Procedures............................................... 1

1.4 Mitigation Monitoring and Reporting Checklist................................................................... 2

Mitigation Monitoring and Reporting Program 1 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 Mitigation Monitoring and Reporting Program

1.1 Introduction
CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects.

The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures.

A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented.

1.2 Mitigation Monitoring and Reporting Program
The basis for this monitoring program is the mitigation measures included in the project mitigated negative declaration. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval for development of each of the housing sites, which each housing site developer is required to complete during and after implementation of each proposed housing project.

The attached checklist is proposed for monitoring the implementation of the mitigation measures.

This monitoring checklist contains all appropriate mitigation measures in the mitigated negative declaration.

1.3 Mitigation Monitoring and Reporting Program Procedures The City of Newman shall use the attached monitoring checklist for the housing projects approved pursuant to the City of Newman 6th Cycle Housing Element Update. The monitoring program should be implemented as follows:

Mitigation Monitoring and Reporting Program 2 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024

1. The Newman Community Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures.

2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with for each housing project approved pursuant to the City of Newman 6th Cycle Housing Element Update.

Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department.

3. The Newman Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals.

4. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing the non-compliance and requiring compliance within a specified period of time. If non-compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Newman.

1.4 Mitigation Monitoring and Reporting Checklist
Step 1 - Prior to Issuance of Demolition or Tree Removal Permits for Projects with Existing Structures and Trees On-Site
AQ-2 Future developers of individual residential opportunity sites shall prepare a Construction Management Plan for review and approval by the Community Development Director or his designate. The Construction Management Plan shall include the following measures to reduce TAC emissions during construction at individual housing opportunity sites:
a. Heavy-duty diesel vehicles will have 2010 or newer model year engines, in compliance with the California Air Resources Board’s Truck and Bus Regulation; b. Idling of construction equipment and heavy-duty diesel trucks will be avoided where feasible, and if idling is necessary, it will not exceed three minutes; Mitigation Monitoring and Reporting Program 3 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 c. All construction equipment will be maintained and properly tuned in accordance with manufacturer’s specifications and will be checked by a certified visible emissions evaluator; and
d. All non-road diesel construction equipment will, at a minimum, meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part 89, Subpart B, §89.112. Further, where feasible, construction equipment will use alternative fuels such as compressed natural gas, propane, electricity or biodiesel.

Party Responsible for Implementation: Housing Site Developer Party Responsible for Monitoring: Newman Community Development Director Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ BIO-7 All housing project developers shall implement the following measures to avoid loss of or harm to special-status bat species on any housing site:
a. Approximately 14 days prior to tree removal or construction activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees to be removed and in trees or building exteriors within 50 feet of any project construction. These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting features found during the survey shall be flagged or marked.
b. If no roosting sites or bats are found, a letter report confirming absence shall be prepared and submitted to the City of Newman Community Development Department and no further mitigation is required.
c. If bats or roosting sites are found, bats shall not be disturbed without specific notice to and consultation with California Department of Fish and Wildlife. d. If bats are found roosting outside of the nursery season (May 1 through October 1), California Department of Fish and Wildlife shall be consulted prior to any eviction or other action. If avoidance or postponement is not feasible, a Bat Mitigation Monitoring and Reporting Program 4 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 Eviction Plan will be submitted to California Department of Fish and Wildlife for written approval prior to project implementation. A request to evict bats from a roost includes details for excluding bats from the roost site and monitoring to ensure that all bats have exited the roost prior to the start of activity and are unable to re-enter the roost until activity is completed. Any bat eviction shall be timed to avoid lactation and young-rearing. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost.

This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups.

Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the California Department of Fish and Wildlife) shall be established around the roosting site within which no construction activities including tree removal or structure disturbance shall occur until after the nursery season.

Party Responsible for Implementation: Housing Site Developer Party Responsible for Monitoring: Newman Community Development Department Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ BIO-8 To avoid impacts to raptors and other nesting birds during the nesting season (January 15 through September 15), all construction activities on any housing site should be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or project-related work is scheduled to begin during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys.
a. Two surveys for active bird nests will occur within 14 days prior to start of construction, with the final survey conducted within 48 hours prior to construction. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys will be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. If no nesting birds are found, a letter report confirming absence will be prepared and submitted to the City of Mitigation Monitoring and Reporting Program 5 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 Newman Community Development Department and no further mitigation is required.
b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g., defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Once the absence of nesting birds has been confirmed, a letter report will be prepared and submitted to the City of Newman Community Development Department.

The developer will be required to implement the measures.

If the results are positive (badger dens are observed), the qualified biologist shall determine if the dens are active by installing a game camera for three days and three nights to determine if the den is in use.
a. If the biologist determines that a den may be active, coordination with the California Department of Fish and Wildlife shall be undertaken to develop a suitable strategy to avoid impacts to American badger. The strategy may include the following: the biologist shall install a one-way door in the den opening and continue use of the game camera.

Once the camera captures the individual exiting the one-way door, the den can be excavated with hand tools to prevent badgers from reusing them. If the biologist determines that the den is a maternity den, construction activities shall be delayed during the maternity season (February to August), or until the badgers leave the den on their own accord or the biologist determines that the den is no longer in use. b. If the game camera does not capture an individual entering/exiting the den, the den can be excavated with hand tools to prevent badgers from reusing them. c. After dens have been excavated and the absence of American badger confirmed, a letter report shall be prepared and submitted to the City of Newman Community Development Department, prior to issuance of a grading permit for a housing site.

Party Responsible for Implementation: Housing Site Developer Party Responsible for Monitoring: Newman Community Development Department Mitigation Monitoring and Reporting Program 8 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ BIO-2 Worker Environmental Awareness Training. Prior to approval of a grading permit on the City’s peripheral undeveloped housing sites (e.g. Sites 1, 8, 9, 10, 17, and 19), a qualified biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of special-status species potentially occurring in the housing site vicinity, including, but not limited to, American badger, San Joaquin kit fox, burrowing owl, Swainson’s hawk, hoary bat, pallid bat, western red bat, and loggerhead shrike. Their habitats, general measures that are being implemented to conserve species as they relate to the housing site, and the boundaries within which construction activities will occur will be explained. Informational handouts with photographs clearly illustrating the species’ appearances shall be used in the training session. All new construction personnel shall undergo this mandatory environmental awareness training. Documentation of completion of this training shall be submitted to the City of Newman Community Development Department prior to the start of ground disturbing activities.

Preconstruction/pre-activity surveys for San Joaquin kit fox shall be conducted no less than 30 days prior to the beginning of ground disturbance and/or construction activities or any project activity that may impact San Joaquin kit fox. The surveys shall include all Mitigation Monitoring and Reporting Program 9 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 work areas and a minimum 200-foot buffer of the construction site. The preconstruction surveys shall identify kit fox habitat features on the project site, evaluate use by kit fox and, if possible, assess the potential impacts of the proposed activity. The status of all dens shall be determined and mapped.

If a natal/pupping den is discovered at a housing opportunity site or within 200 feet of the site, the applicant shall consult with the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service to establish an appropriate avoidance buffer. The avoidance buffer shall be maintained until such time as the burrow is no longer active and/or an incidental take permit is determined to be required and is obtained.

In addition, the following measures shall be observed:
a. Project-related vehicles shall observe a 20-mph speed limit in all project areas; this is particularly important at night when kit foxes are most active. To the extent possible, night-time construction shall be minimized. Off-road traffic outside of designated project area shall be prohibited.
b. To prevent inadvertent entrapment of kit foxes or other animals during the construction phase of any project, all excavated, steep-walled holes or trenches more than two feet deep shall be covered at the close of each working day by plywood or similar materials, or provided with one or more escape ramps constructed of earth fill or wooden planks. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals. If at any time a trapped or injured kit fox is discovered, the procedures under number 11 of the Construction and Operational Requirements in the Standardized Recommendations must be followed.
c. Kit foxes are attracted to den-like structures such as pipes and may enter stored pipe becoming trapped or injured. All construction pipes, culverts, or similar structures with a diameter of four inches or greater that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the U.S. Fish and Wildlife Service has been consulted. If necessary, and under the direct supervision of the biologist, the pipe may be moved once to remove it from the path of construction activity, until the fox has escaped.
d. All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in closed containers and removed at least once a week from a construction or project site.
e. No firearms shall be allowed on the project site during construction activities.

Mitigation Monitoring and Reporting Program 10 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 f. To prevent harassment, mortality of kit foxes or destruction of dens by dogs or cats, no pets shall be permitted on site during construction activities. g. Use of rodenticides and herbicides on the project site during construction shall be restricted. This is necessary to prevent primary or secondary poisoning of kit foxes and the depletion of prey populations on which they depend. All uses of such compounds shall observe label and other restrictions mandated by the U.S.

Environmental Protection Agency, California Department of Food and Agriculture, and other State and Federal legislation, as well as additional projectrelated restrictions deemed necessary by the U.S. Fish and Wildlife Service. If rodent control must be conducted, zinc phosphide shall be used because of proven lower risk to kit fox.
h. In the case of trapped animals, escape ramps or structures shall be installed immediately to allow the animal(s) to escape.
i. Any contractor, employee, or agency personnel who inadvertently kills or injures a San Joaquin kit fox shall immediately report the incident to the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service. j. The applicant shall submit weekly reports on construction monitoring activities to the City of Newman Community Development Department. An occupancy permit shall not be issued without receipt of the weekly reports.

Sites 1, 8, 9, 10, 17, and 19), and to avoid/minimize impacts to burrowing owls potentially occurring within the project site, the applicant shall retain a biologist qualified in ornithology to conduct surveys for burrowing owl. The qualified biologist shall conduct a two-visit (i.e., morning and evening) presence/absence survey at areas of suitable habitat on and adjacent to the project site boundary no less than 14 days prior to the start of construction or ground disturbance activities.

Surveys shall be conducted according to the methods for take avoidance described Mitigation Monitoring and Reporting Program 11 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 in the Burrowing Owl Survey Protocol and Mitigation Guidelines (CBOC 1993) and the Staff Report on Burrowing Owl Mitigation (CDFW 2012). If no burrowing owls are found, a letter report confirming absence shall be prepared and submitted to the City of Newman Community Development Department and no further measures are required.
b. Because burrowing owls occupy habitat year-round, seasonal no-disturbance buffers, as outlined in the Burrowing Owl Survey Protocol and Mitigation Guidelines (CBOC 1993) and the Staff Report on Burrowing Owl Mitigation (CDFW 2012), shall be in place around occupied habitat prior to and during any ground disturbance activities. The following table includes buffer areas based on the time of year and level of disturbance (CDFW 2012), unless a qualified biologist approved by the California Department of Fish and Wildlife verifies through noninvasive measures that either: 1) birds have not begun egg laying and incubation; or 2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival.

Location Time of Year Level of Disturbance Buffers
(meters)
Low Med High
Nesting Sites April 1 – Aug 15 200 m 500 m 500 m
Nesting Sites Aug 16 – Oct 15 200 m 200 m 500 m
Nesting Sites Oct 16 – Mar 31 50 m 100 m 500 m
c. If burrowing owl is found and avoidance is not possible, burrow exclusion may be conducted by qualified biologists only during the non-breeding season, before breeding behavior is exhibited and after the burrow is confirmed empty through non-invasive methods, such as surveillance. Occupied burrows shall be replaced with artificial burrows at a ratio of one collapsed burrow to one constructed artificial burrow (1:1). Evicted burrowing owls may attempt to colonize or recolonize an area that would be impacted, thus ongoing surveillance during project activities shall be conducted at a rate sufficient to detect burrowing owls if they return.
d. If surveys locate occupied burrows in or near construction areas, consultation with the California Department of Fish and Wildlife shall occur to interpret survey results and develop a project-specific avoidance and minimization approach. Once the absence of burrowing owl has been confirmed, a letter report shall be prepared and submitted to the City of Newman Community Development Department.

Mitigation Monitoring and Reporting Program 12 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 Party Responsible for Implementation: Housing Site Developer Party Responsible for Monitoring: Newman Community Development Department Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ BIO-5 For development proposed on the City’s peripheral housing sites (e.g. Sites 1, 8, 9, 10, 17, and 19), housing project development shall implement the following measures to avoid loss of or harm to Swainson’s hawk and other raptors:
a. Tree and vegetation removal shall be completed during the nonbreeding season for raptors (September 16–January 31).
b. To avoid, minimize, and mitigate potential impacts on Swainson’s hawk and other raptors nesting on or adjacent to the project site, retain a qualified biologist to conduct preconstruction surveys and identify active nests on and within 0.5 mile of the project site for construction activities conducted during the breeding season (February 1–September 15). The surveys shall be conducted before the approval of grading and/or improvement plans (as applicable) and no less than 14 days and no more than 30 days before the beginning of construction. Guidelines, provided in Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in the Central Valley (Swainson’s Hawk Technical Advisory Committee 2000) or updated, current guidance, shall be followed for surveys for Swainson’s hawk. If no nests are found, a report documenting the results of the survey shall be submitted to the City of Newman Community Development Department and no further mitigation will be required.
c. Impacts on nesting Swainson’s hawks and other raptors shall be avoided by establishing appropriate buffers around active nest sites identified during preconstruction raptor surveys. No project activity shall commence within the buffer areas until a qualified biologist has determined, in coordination with California Department of Fish and Wildlife, the young have fledged, the nest is no longer active, or reducing the buffer would not result in nest abandonment.

California Department of Fish and Wildlife guidelines recommend implementation of 0.25- or 0.5-mile-wide buffers for Swainson’s hawk nests, but the size of the buffer may be decreased if a qualified biologist, in consultation with California Department of Fish and Wildlife, determine that such an adjustment would not be likely to adversely affect the nest.

Mitigation Monitoring and Reporting Program 13 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 The appropriate no-disturbance buffer for other raptor nests (i.e., species other than Swainson’s hawk) shall be determined by a qualified biologist based on sitespecific conditions, the species of nesting bird, nature of the project activity, visibility of the disturbance from the nest site, and other relevant circumstances.

Monitoring of all active raptor nests by a qualified biologist during construction activities will be required if the activity has potential to adversely affect the nest. If construction activities cause the nesting bird to vocalize, make defensive flights at intruders, get up from a brooding position, or fly off the nest, then the nodisturbance buffer shall be increased until the agitated behavior ceases. The exclusionary buffer will remain in place until the chicks have fledged or as otherwise determined appropriate by a qualified biologist.

Mitigation Monitoring and Reporting Program 14 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 c. There are two active (within the past five years) Swainson’s hawk nests within five miles of the project site (CNDDB Occurrences Nos. 2449 and 2451). To mitigate for the loss of foraging habitat for these nests, replacement foraging habitat shall be preserved at a mitigation ratio of 0.75:1 in consultation with California Department of Fish and Wildlife. Such mitigation shall be accomplished through either the transfer of fee title or perpetual conservation easement. The mitigation land shall be located within the known foraging area within Stanislaus County.

If the USACE claims jurisdiction, the applicant shall obtain a Clean Water Act Section 404 Nationwide Permit. If the impacts to the drainage features do not qualify for a Nationwide Permit, the applicant will proceed in obtaining an Individual Permit from the USACE. The applicant will then coordinate with the RWQCB to obtain a Clean Water Act Section 401 Water Quality Certification. If necessary, the applicant will coordinate with the CDFW to obtain a Streambed Alteration Agreement.

To compensate for temporary and/or permanent impacts to Waters of the U.S. that would be impacted as a result of the proposed project, mitigation shall be provided as required by the regulatory permits. Mitigation would be provided through one of the following mechanisms:
a. A Wetland Mitigation and Monitoring Plan shall be developed that outlines mitigation and monitoring obligations for temporary impacts to wetlands and other waters as a result of construction activities. The Wetland Mitigation and Monitoring Plan would include thresholds of success, monitoring and reporting requirements, and site-specific plans to compensate for wetland losses resulting from the project. The Wetland Mitigation and Monitoring Plan shall be submitted Mitigation Monitoring and Reporting Program 15 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 to the appropriate regulatory agencies for review and approval during the permit application process.
b. To compensate for permanent impacts, the purchase and/or dedication of land to provide suitable wetland restoration or creation shall ensure a no net loss of wetland values or functions. If restoration is available and feasible, a minimum 1:1 impact to mitigation ratio would apply to projects for which mitigation is provided in advance.

For improvements on the project site, the applicant shall comply with terms and conditions of the permits, including measures to protect and maintain water quality, restore work sites, and mitigation to offset temporary and/or permanent wetland impacts. applicant shall be responsible for implementation of this mitigation measure prior to issuance of a grading permit.

Mitigation Monitoring and Reporting Program 16 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 e. If avoidance is infeasible, other appropriate measures (e.g., data recovery) would be implemented.
f. Work may proceed on other parts of the project site while mitigation for historical resources or unique archaeological resources is being carried out.

Party Responsible for Implementation: Housing Site Developer Party Responsible for Monitoring: City of Newman Community Development Department Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ CR-2 California Health and Safety Code Section 7050.5 and the CEQA Guidelines Section 15064.5(e) contain the mandated procedures of conduct following the discovery of human remains. According to the provisions in CEQA, if human remains are encountered at the site, all work in the immediate vicinity of the discovery shall cease and necessary steps to ensure the integrity of the immediate area shall be taken. The Stanislaus 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 Native American Heritage Commission within 24 hours, who would, in turn, notify the person the Native American Heritage Commission identifies as the Most Likely Descendant of any human remains. Further actions shall be determined, in part, by the desires of the Most Likely Descendant. The Most Likely Descendant has 48 hours to make recommendations regarding the disposition of the remains following notification from the Native American Heritage Commission of the discovery. If the Most Likely Descendant 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.

Alternatively, if the owner does not accept the Most Likely Descendant’s recommendations, the owner or the descendent may request mediation by the Native American Heritage Commission.

Party Responsible for Implementation: Housing Site Developer Party Responsible for Monitoring: City of Newman Community Development Department Mitigation Monitoring and Reporting Program 17 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ GEO-1 The following language shall be included in all demolition and grading permits associated with development of the housing opportunity sites: “If paleontological resources are discovered during demolition and earthmoving activities, work shall stop within 100 feet of the find until a qualified paleontologist can assess if the find is unique and, if necessary, develop appropriate treatment measures in consultation with the City Community Development Department.”
Party Responsible for Implementation: Housing Site Developer Party Responsible for Monitoring: Newman Community Development Department Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ Step 3 - Prior to Issuance of Building Permits for Projects Pursuant to the Housing Element Update
GHG-1 All future individual projects proposed per the 6th Cycle Housing Element shall: 1) include no natural gas infrastructure (all projects shall be all-electric), and 2) include electric vehicle support improvements consistent with Tier 2 voluntary measures included in the latest adopted version the CALGreen, except that all EV capable spaces shall be instead EV ready. Inclusion of these design elements in each future residential project shall be verified by the City Building Official prior to issuance of a building permit.

Party Responsible for Implementation: Housing Site Developer Party Responsible for Monitoring: Newman Building Official Mitigation Monitoring and Reporting Program 18 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ Step 4 – During Construction for Projects Pursuant to the Housing Element Update
BIO-3 The U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS 2011) shall be implemented prior to initiation of and during any construction activity on the City’s peripheral housing sites (e.g. Sites 1, 8, 9, 10, and 17) by housing project developers to avoid unintended take of individual San Joaquin kit foxes.

Preconstruction/pre-activity surveys for San Joaquin kit fox shall be conducted no less than 30 days prior to the beginning of ground disturbance and/or construction activities or any project activity that may impact San Joaquin kit fox. The surveys shall include all work areas and a minimum 200-foot buffer of the construction site. The preconstruction surveys shall identify kit fox habitat features on the project site, evaluate use by kit fox and, if possible, assess the potential impacts of the proposed activity. The status of all dens shall be determined and mapped.

In addition, the following measures shall be observed:
a. Project-related vehicles shall observe a 20-mph speed limit in all project areas; this is particularly important at night when kit foxes are most active. To the extent possible, night-time construction shall be minimized. Off-road traffic outside of designated project area shall be prohibited.
b. To prevent inadvertent entrapment of kit foxes or other animals during the construction phase of any project, all excavated, steep-walled holes or trenches more than two feet deep shall be covered at the close of each working day by plywood or similar materials, or provided with one or more escape ramps constructed of earth fill or wooden planks. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals. If at any time a trapped or injured kit fox is discovered, the procedures under number 11 of the Construction Mitigation Monitoring and Reporting Program 19 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 and Operational Requirements in the Standardized Recommendations must be followed.
c. Kit foxes are attracted to den-like structures such as pipes and may enter stored pipe becoming trapped or injured. All construction pipes, culverts, or similar structures with a diameter of four inches or greater that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the U.S. Fish and Wildlife Service has been consulted. If necessary, and under the direct supervision of the biologist, the pipe may be moved once to remove it from the path of construction activity, until the fox has escaped.
d. All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in closed containers and removed at least once a week from a construction or project site.
e. No firearms shall be allowed on the project site during construction activities. f. To prevent harassment, mortality of kit foxes or destruction of dens by dogs or cats, no pets shall be permitted on site during construction activities. g. Use of rodenticides and herbicides on the project site during construction shall be restricted. This is necessary to prevent primary or secondary poisoning of kit foxes and the depletion of prey populations on which they depend. All uses of such compounds shall observe label and other restrictions mandated by the U.S.

Mitigation Monitoring and Reporting Program 20 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 Party Responsible for Implementation: Housing Site Developer Party Responsible for Monitoring: City of Newman Community Development Department Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ CR-1 If any prehistoric or historic subsurface archaeological resources, including tribal cultural resources, are discovered during ground-disturbing activities:
a. All work within 50 feet of the resources shall be halted and a qualified archaeologist shall be consulted to assess the significance of the find according to CEQA Guidelines Section 15064.5.
b. If any find is determined to be significant, representatives from the City of Newman Community Development Department and the archaeologist shall meet to determine the appropriate avoidance measures or other appropriate mitigation. c. All significant prehistoric cultural materials and or tribal cultural resources recovered shall be, returned to Native American tribes traditionally and culturally affiliated with the area.
d. In considering any suggested mitigation proposed by the consulting archaeologist to mitigate impacts to historical resources or unique archaeological resources, the City shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, proposed project design, costs, and other considerations.
e. If avoidance is infeasible, other appropriate measures (e.g., data recovery) would be implemented.
f. Work may proceed on other parts of the project site while mitigation for historical resources or unique archaeological resources is being carried out.

Party Responsible for Implementation: Housing Site Developer Party Responsible for Monitoring: City of Newman Community Development Department Mitigation Monitoring and Reporting Program 21 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ CR-2 California Health and Safety Code Section 7050.5 and the CEQA Guidelines Section 15064.5(e) contain the mandated procedures of conduct following the discovery of human remains. According to the provisions in CEQA, if human remains are encountered at the site, all work in the immediate vicinity of the discovery shall cease and necessary steps to ensure the integrity of the immediate area shall be taken. The Stanislaus 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 Native American Heritage Commission within 24 hours, who would, in turn, notify the person the Native American Heritage Commission identifies as the Most Likely Descendant of any human remains. Further actions shall be determined, in part, by the desires of the Most Likely Descendant. The Most Likely Descendant has 48 hours to make recommendations regarding the disposition of the remains following notification from the Native American Heritage Commission of the discovery. If the Most Likely Descendant 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.

Alternatively, if the owner does not accept the Most Likely Descendant’s recommendations, the owner or the descendent may request mediation by the Native American Heritage Commission.

Preconstruction/pre-activity surveys for San Joaquin kit fox shall be conducted no less than 30 days prior to the beginning of ground disturbance and/or construction activities or any project activity that may impact San Joaquin kit fox. The surveys shall include all work areas and a minimum 200-foot buffer of the construction site. The preconstruction surveys shall identify kit fox habitat features on the project site, evaluate use by kit fox and, if possible, assess the potential impacts of the proposed activity. The status of all dens shall be determined and mapped.

In addition, the following measures shall be observed:
a. Project-related vehicles shall observe a 20-mph speed limit in all project areas; this is particularly important at night when kit foxes are most active. To the extent possible, night-time construction shall be minimized. Off-road traffic outside of designated project area shall be prohibited.
b. To prevent inadvertent entrapment of kit foxes or other animals during the construction phase of any project, all excavated, steep-walled holes or trenches more than two feet deep shall be covered at the close of each working day by plywood or similar materials, or provided with one or more escape ramps constructed of earth fill or wooden planks. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals. If at any time a trapped or injured kit fox is discovered, the procedures under number 11 of the Construction and Operational Requirements in the Standardized Recommendations must be followed.
c. Kit foxes are attracted to den-like structures such as pipes and may enter stored pipe becoming trapped or injured. All construction pipes, culverts, or similar structures with a diameter of four inches or greater that are stored at a construction site for one or more overnight periods shall be thoroughly inspected Mitigation Monitoring and Reporting Program 23 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update September 2024 for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the U.S. Fish and Wildlife Service has been consulted. If necessary, and under the direct supervision of the biologist, the pipe may be moved once to remove it from the path of construction activity, until the fox has escaped.
d. All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in closed containers and removed at least once a week from a construction or project site.
e. No firearms shall be allowed on the project site during construction activities. f. To prevent harassment, mortality of kit foxes or destruction of dens by dogs or cats, no pets shall be permitted on site during construction activities. g. Use of rodenticides and herbicides on the project site during construction shall be restricted. This is necessary to prevent primary or secondary poisoning of kit foxes and the depletion of prey populations on which they depend. All uses of such compounds shall observe label and other restrictions mandated by the U.S.

The following public comments were received, and are attached to this letter:

1. California Department of Toxic Substances Control, dated August 6, 2024; and

2. Central Valley Regional Water Quality Control Board, dated August 23, 2024.

California Department of Toxic Substances Control (August 6, 2024)
The California Department of Toxic Substances Control (“DTSC”) submitted a comment letter on August 6, 2024, which is attached to this response letter. Our response to the comments is provided below.

Michael Holland
City of Newman
August 28, 2024, Page 2

1. The DTSC indicates that the proposed project, which involves multiple sites throughout the city limits, encompasses multiple active and nonactive mitigation and clean-up sites where the DTSC has conducted oversight that may be impacted as a result of the project.

The commenter does not indicate which of the housing sites are active or nonactive mitigation and clean-up sites. The locations of the housing sites are identified on a map on Figure 2, Housing Sites Inventory Locations, of the initial study. The DTSC’s list of hazardous materials sites compiled pursuant to Government Code section 65962.5 was reviewed and none of the housing opportunity sites were listed (refer to initial study Section 9.0, Hazards and Hazardous Materials, checklist question “d”).

Additionally, Mitigation Measure HAZ-1 requires developers of the housing opportunity site to prepare a Phase 1 Environmental Site Assessment to identify any environmental concerns on the sites when they are proposed for development, and to mitigate if environmental hazards are found.