Rancho Cordova City Council
June 2, 2025

MILLS CROSSING PROJECT DRAFT EIR

CITY OF RANCHO CORDOVA

5. Environmental Analysis

AIR QUALITY

Table 5.1-5 Construction-Related Emissions
Construction Year Pollutant
ROG NOX CO SO2 PM10 PM2.5
Daily (pounds per day)
1 3.72 36.00 34.10 0.05 1.78 1.51
2 5.28 22.90 39.80 0.05 3.69 1.45
3 5.11 21.60 38.70 0.05 3.61 1.37
4 5.01 20.80 37.80 0.05 3.54 1.31
5 4.80 19.70 36.90 0.05 3.46 1.23
SMAQMD Significance
Threshold - 85 pounds/day - -
*80 pounds/day (If all
feasible BACT/BMP
applied)
*82 pounds/day (If all
feasible BACT/BMP
applied)
Exceed SMAQMD
Threshold? No No No No No No
Annual (tons per year)
1 0.4 3.6 3.4 <0.0 0.2 0.1
2 0.6 2.8 4.4 <0.0 0.4 0.2
3 0.7 2.8 4.6 <0.0 0.5 0.2
4 0.6 2.7 4.5 <0.0 0.5 0.2
5 0.6 2.5 4.4 <0.0 0.4 0.2
SMAQMD Significance
Threshold - - - - *14.6 tons/year *15 tons/year
Exceed SMAQMD
Threshold? No No No No No No
Source: ECORP 2023 (Appendix 5.1-1)
Notes:

Emission reduction/credits for construction emissions are applied based on the required implementation of SMAQMD Rule 403. The specific Rule 403 measures applied in CalEEMod include sweeping/cleaning adjacent roadway access areas daily, water exposed surfaces twice daily, and limit speeds on unpaved roads to 15 miles per hour. Emissions taken of the season, summer or winter, with the highest outputs. Building construction, paving and painting are assumed to occur simultaneously.
* = The allowable threshold level is 0 pounds/day or 0 tons/year unless all SMAQMD recommended BACT/BMP are implemented As shown in Table 5.1-5, emissions generated during the proposed project’s construction phase would not exceed the SMAQMD’s daily or annual thresholds of significance with the implementation of mitigation measure AQ-1. This mitigation measure ensures that the SMAQMD’s BACT/BMPs are implemented; which, according to air district regulations, allows the particulate matter significance threshold to be non-zero (allowing PM10 to be 80 pounds/day or 14.6 tons/year and PM2.5 to be 82 pounds/day or 15 tons/year). Without the implementation of mitigation measure AQ-1, the proposed project’s construction emissions would be over the threshold of 0 pounds/day and thus have a significant effect.

The City of Rancho Cordova General Plan’s Air Quality Element, Policy AQ.1.2 1 promotes the thresholds and standards set out by the SMAQMD and ensures the enforcement of the air pollution control measures during construction periods. Specifically, Policy AQ.1.2.1 requires the evaluation of projects for compliance with SMAQMD thresholds of significance. With mitigation measure AQ-1, criteria pollutant emissions generated during the proposed project’s construction phase would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard, and no health effects from project criteria pollutants would occur.

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ITEM 11.1. ATTACHMENT 3

MILLS CROSSING PROJECT DRAFT EIR

CITY OF RANCHO CORDOVA

5. Environmental Analysis

AIR QUALITY
June 2024 Page 5.1-17
Operation Phase
Implementation of the proposed projectwould result in long-termoperational emissions of criteria air pollutants such as PM10, PM2.5, CO, and SO2 as well as O3 precursors such as ROGs and NOX. Project-generated increases in emissions would be predominantly associated with motor vehicle use. Long-terms operational emissions attributable to the proposed project are identified in Table 5.1-6, Operational-Related Emissions, and compared to the operational significance thresholds promulgated by the SMAQMD. The PM10 and PM2.5 non-zero thresholds are reliant on the implementation of the SMAQMD’s BACT/BMPs for land use development project operations. The following are the recommendations made by the SMAQMD for land use development project operations:
 Compliance with District rules that control operational PM and NOX emissions. Reference rules regarding wood burning devices, boilers, water heaters, generators, and other PM control rules that may apply to equipment to be located at the project site.
 Compliance with mandatory measures in the California Building Energy Efficiency Standards (Title 24, Part 6) that pertain to efficient use of energy at a residential or a non-residential land use.  Compliance with mandatory measures in the California Green Building Code (Title 24, Part 11). Current mandatory measures related to operational PM include requirements for bicycle parking, parking for fuel efficient vehicles, electric vehicle charging, and fireplaces for non-residential projects. Residential project measures include requirements for electric vehicle charging and fireplaces.

The proposed project would comply with the above recommendations in order to justify the use of a nonzero operational threshold for PM10 and PM2.5. In addition, the General Plan EIR includes mitigation measures to reduce potential source air quality pollutants such as ROGs, NOx, and PM10 from stationary sources.

Table 5.1-6 Operational-Related Emissions
Emission Source Pollutant (Pounds Per Day)
ROG NOx CO SO2 PM10 PM2.5
Summer Emissions
Area 8.76 0.16 18.60 0.01 0.02 0.02
Energy 0.00 0.00 0.00 0.00 0.00 0.00
Mobile 17.30 15.30 168.00 0.40 36.0 9.33
Total 26.06 15.46 186.60 0.41 36.02 9.35
SMAQMD Significance Threshold 65 pounds/day 65 pounds/day - - *80 pounds/day *82 pounds/day Exceed SMAQMD Threshold? No No No No No No
Annual (tons per year)
Area 6.24 0.00 0.00 0.00 0.00 0.00
Energy 0.00 0.00 0.00 0.00 0.00 0.00
Mobile 15.60 18.00 139.00 0.36 36.00 9.33
Total 21.84 18.00 139.00 0.36 36.00 9.33
SMAQMD Significance Threshold 65 pounds/day 65 pounds/day - - *80 pounds/day *82 pounds/day Exceed SMAQMD Threshold? No No No No No No
Source: ECORP 2023 (Appendix 5.1-1).

ITEM 11.1. ATTACHMENT 3

MILLS CROSSING PROJECT DRAFT EIR

CITY OF RANCHO CORDOVA

5. Environmental Analysis

AIR QUALITY

Notes: Emission projections are predominately based on the land use mix identified in Section 1.0 of Appendix 5.1-1 and traffic trip generation rates from DKS Associates (2023).
* = The allowable threshold level is 0 pounds/day or 0 tons/year unless all SMAQMD recommended BACT/BMP are implemented.

As shown in Table 5.1-6, the proposed project’s emissions would not exceed any SMAQMD thresholds for any criteria air pollutants during operation. The CEQA thresholds of significance established by the SMAQMD are designed to meet the objectives of these air quality planning documents and in doing so achieve and maintain attainment status with state and federal standards. As noted above, the proposed project would increase the emission of certain pollutants but would not exceed the thresholds of significance established by the SMAQMD for purposes of reducing air pollution and its deleterious health effects.

As identified in Table 5.1-3, the Sacramento County portion of the SVAB is listed as a nonattainment area for federal O3 and PM2.5 standards and is also a nonattainment area for the state standards for O3, and PM10. O3 is a health threat to persons who already suffer from respiratory diseases and can cause severe ear, nose and throat irritation and increases susceptibility to respiratory infections. PM can adversely affect the human respiratory system. As shown in Table 5.1-6, the proposed project would result in increased emissions of the O3 precursor pollutants ROG and NOx, PM10, and PM2.5, however, the correlation between a project’s emissions and increases in nonattainment days, or frequency or severity of related illnesses, cannot be accurately quantified (SJVAPCD 2014; SCAQMD 2014). The technical challenges include the following:
 O3 is not formed at the location of sources/emissions, which necessitates the use of complex and more sophisticated modeling that is not reasonably feasible for the proposed project at this time.

For the so-called criteria pollutants, such as O3, it may be more difficult to quantify health impacts. O3 is formed in the atmosphere from the chemical reaction of NOx and VOC in the presence of sunlight.

It takes time and the influence of meteorological conditions for these reactions to occur, so O3 may be formed at a distance downwind from the sources. (SCAQMD 2014, p.11)  The quantity of precursor emissions is not proportional to local O3 and secondary PM concentration, which necessitates the use of complex and more sophisticated modeling that is not reasonably feasible for the proposed project at this time.

Ground level O3 (smog) is not directly emitted into the air but is formed when precursor pollutants such as NOx and VOCs [ROG] are emitted into the atmosphere and undergo complex chemical reactions in the process of sunlight. Once formed, O3 can be transported long distances by wind.

Because of the complexity of O3 formation, a specific tonnage amount of NOx or VOCs [ROG] emitted in a particular area does not equate to a particular concentration of O3 in that area. (SJVAPCD 2014, p.4)
Secondary PM, like O3, is formed via complex chemical reactions in the atmosphere between precursor chemicals such as SOx and NOx. Because of the complexity of secondary PM formation, the tonnage of PM-forming precursor emissions in an area does not necessarily result in an equivalent concentration of secondary PM in that area. (SJVAPCD 2014, p.5)
It is noted that the CEQA thresholds of significance established by the SMAQMD are designed to meet the objectives of these air quality planning documents and in doing so achieve and maintain attainment status with ITEM 11.1. ATTACHMENT 3

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AIR QUALITY
June 2024 Page 5.1-19
state and federal standards. As noted above, the proposed project would increase the emission of certain pollutants, but would not exceed the thresholds of significance established by the SMAQMD for purposes of reducing air pollution and its deleterious health effects. When considering the project's emissions in the context of the total emissions inventory of the SVAB1, it is evident that the project's contribution is minimal.2 This negligible increase is not anticipated to delay the attainment of regional air quality standards.

The overall strategy for reducing air pollution and related health effects in the SMAQMD is contained in the SMAQMD 2017 Sacramento Regional 8-Hour Ozone Attainment and Reasonable Further Progress Plan, 2021 Sacramento County Second 10-Year PM10 Maintenance Plan, and PM2.5 Implementation/Maintenance Plan and Re-designation Request for Sacramento PM2.5 Nonattainment Area. These air quality planning documents present comprehensive strategies to reduce the O3 precursor pollutants (ROG and NOx) as well as PM emissions from stationary, area, mobile, and indirect sources. Each of these air quality planning documents provide control measures that reduce emissions to attain and maintain federal ambient air quality standards such as the application of available cleaner technologies, best management practices, incentive programs, as well as development and implementation of zero and near-zero technologies and control methods.

Level of Significance Before Mitigation: Impact 5.1-2 would be potentially significant Mitigation Measures
AQ-1 Implement SMAQMD Basic and Enhanced Construction Emission Control Practices to Reduce Fugitive Dust. The implementing agency will require the construction contractor(s) to implement basic and enhanced control measures to reduce constructionrelated fugitive dust as a standard or specification of their contract. The following measures are required for the entirety of the construction area. The implementing agency will ensure, through contract provisions and specifications, that the contractor adheres to the mitigation measures before and during construction and documents compliance with the adopted mitigation measures.
 Control of fugitive dust is required by District Rule 403 and enforced by District staff.  Water all exposed surfaces two times daily. Exposed surfaces include, but are not limited to soil piles, graded areas, unpaved parking areas, staging areas, and access roads.  Cover or maintain at least two feet of free board space on haul trucks transporting soil, sand, or other loose material on the site. Any haul trucks that would be traveling along freeways or major roadways should be covered.
 Use wet power vacuum street sweepers to remove any visible track out mud or dirt onto adjacent public roads at least once a day. Use of dry power sweeping is prohibited. 1 All anthropogenic emission sources in the SVAB are estimated to emit 157.6 tons of ROG daily, 129.4 tons of NOx daily, 585.7 tons of CO daily, 2.9 tons of SOx daily, 157.9 tons of PM10 daily, and 44.9 tons of PM2.5 daily (CARB 2017). 2 The project's emissions represent approximately 0.007%, 0.006%, 0.022%, 0.006%, 0.011%, 0.010% of the total SVAB emissions for ROG, NOx, CO, SOx, PM10, and PM2.5, respectively.

ITEM 11.1. ATTACHMENT 3

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5. Environmental Analysis

AIR QUALITY

 Limit vehicle speeds on unpaved roads to 15 miles per hour (mph).  All roadways, driveways, sidewalks, parking lots to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used.
 Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to 5 minutes [California Code of Regulations, Title 13, sections 2449(d)(3) and 2485]. Provide clear signage that posts this requirement for workers at the entrances to the site.
 Provide current certificate(s) of compliance for CARB’s In-Use Off-Road Diesel-Fueled Fleets Regulation [California Code of Regulations, Title 13, sections 2449 and 2449.1].  Maintain all construction equipment in proper working condition according to manufacturer’s specifications. The equipment must be checked by a certified mechanic and determined to be running in proper condition before it is operated.

Level of Significance After Mitigation: Impact 5.1-2 would be less than significant.

Impact 5.1-3: The proposed project could expose sensitive receptors to substantial pollutant concentrations. [Threshold AQ-3]
Sensitive receptors are children, the elderly, asthmatics, and others who are at a heightened risk of negative health outcomes due to exposure to air pollution. The locations where these sensitive receptors congregate are considered sensitive receptor locations. Sensitive Receptor locations may include hospitals, schools, daycare centers, and such other locations as the Air District Board or California Air Resources Board may determine (California Health and Safety Code § 42705.5(a)(5)). The nearest sensitive receptors to the project site include residences directly adjacent to the west, north, and east.

Construction-Generated Air Contaminants
Construction-related activities would result in temporary, short-term proposed project-generated emissions of DPM, ROG, NOx, CO, and PM10 from the exhaust of off-road, heavy-duty diesel equipment for site preparation (e.g., clearing, grading); soil hauling truck traffic; paving; and other miscellaneous activities. The Sacramento County portion of the SVAB is listed as a nonattainment area for the federal O3 and PM2.5 standards and is also a nonattainment area for the state standards for O3 and PM10. Thus, existing O3, PM10 and PM2.5 levels in the SVAB are at unhealthy levels during certain periods. However, as shown in Table 5.1-6 the proposed project would not exceed the SMAQMD significance thresholds for construction emissions and therefore no regional health effects from the proposed project criteria pollutants would occur.

The health effects associated with O3 are generally associated with reduced lung function. O3 is not emitted directly into the air but is formed through complex chemical reactions between precursor emissions of ROG and NOx in the presence of sunlight. The reactivity of O3 causes health problems because it damages lung tissue, reduces lung function, and sensitizes the lungs to other irritants. Scientific evidence indicates that ambient levels of O3 not only affect people with impaired respiratory systems, such as asthmatics but healthy ITEM 11.1. ATTACHMENT 3

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adults and children as well. Exposure to O3 for several hours at relatively low concentrations has been found to significantly reduce lung function and induce respiratory inflammation in normal, healthy people during exercise. This decrease in lung function generally is accompanied by symptoms including chest pain, coughing, sneezing, and pulmonary congestion
Studies show associations between short-term O3 exposure and non-accidental mortality, including deaths from respiratory issues. Studies also suggest long-term exposure to O3 may increase the risk of respiratory-related deaths. The concentration of O3 at which health effects are observed depends on an individual’s sensitivity, level of exertion (i.e., breathing rate), and duration of exposure. Evidence suggests that sensitive populations (e.g., asthmatics) may be affected on days when the 8-hour maximum O3 concentration reaches 80 parts per billion. Because the proposed project would not involve construction activities that would result in O3 precursor emissions (ROG or NOx) in excess of the SMAQMD thresholds, which are set to be protective of human health and account for cumulative emissions in the SVAB, the proposed project is not anticipated to substantially contribute to regional O3 concentrations and the associated health impacts.

CO tends to be a localized impact associated with congested intersections. In terms of adverse health effects, CO competes with oxygen, often replacing it in the blood, reducing the blood’s ability to transport oxygen to vital organs. The results of excess CO exposure can include dizziness, fatigue, and impairment of central nervous system functions. The project site would not involve construction activities that would result in CO emissions in excess of the SMAQMD thresholds. Thus, the proposed project’s CO emissions would not contribute to the health effects associated with this pollutant.

Particulate matter (PM10 and PM2.5) contains microscopic solids or liquid droplets that are so small that they can get deep into the lungs and cause serious health problems. Particulatematter exposure has been linked to a variety of problems, including premature death in people with heart or lung disease, nonfatal heart attacks, irregular heartbeat, aggravated asthma, decreased lung function, and increased respiratory symptoms such as irritation of the airways, coughing, or difficulty breathing. For construction activity, DPM is the primary TAC of concern.

PM10 exhaust is considered a surrogate for DPM as all diesel exhaust is considered to be DPM and PM10 contains PM2.5 as a subset. According to the Office of Environmental Health Hazard Assessment, health risk assessments, which determine the exposure of sensitive receptors to toxic emissions, should be based on a 30- year exposure period for the maximally exposed individual resident (OEHHA 2015). However, such assessments should be limited to the period/duration of activities associated with the project. The duration of the proposed construction activities would constitute only a fraction of the total 30-year exposure period. In addition, construction emissions would occur intermittently throughout the day and would not occur as a constant plume of emissions from the project site and would vary on a day-to-day basis. Due to this relatively short period of exposure and minimal particulate emissions on site, DPM generated by the proposed project would not result in concentrations causing significant health risks. Concentrations of mobile equipment-source DPM emissions are typically reduced by approximately 60 percent at a distance of around 300 feet (100 meters) (Zhu et al. 2002). Additionally, as shown in Table 5.1-5, the proposed project would not generate emissions of PM10 or PM2.5 that would exceed the SMAQMD’s thresholds, which are set to be protective of human health and account for cumulative emissions in the SVAB. For the reasons previously described under Impact 5.1-2, the increases of these pollutants generated by the proposed project would not on their own generate an increase in the number of days exceeding the NAAQS or CAAQS standards. As previously demonstrated, project PM10 or PM2.5 emissions represent approximately 0.011 percent, 0.010 percent of the total SVAB emissions for PM10, and ITEM 11.1. ATTACHMENT 3

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5. Environmental Analysis

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PM2.5, respectively. Therefore, PM10 and PM2.5 emissions, when combined with the existing PM emitted regionally, would have minimal health effect on people located in the immediate vicinity of the project site.

Due to the intermittent and temporary nature of construction activities, and the dispersive properties of DPM emissions, as well as the fact that PM emissions would be far less than the SMAQMD emission threshold, shortterm construction would not expose sensitive receptors to DPM emission levels that would result in a health hazard. The proposed project’s emissions are not expected to cause any increase in related regional health effects for these pollutants. The proposed project’s construction phase would not expose people to substantial amounts of air toxic concentrations.

Operational Air Contaminants
The health risk public-notification thresholds adopted by the SMAQMD Board is 10 excess cancer cases in a million for cancer risk and a hazard index of more than one (1.0) for non-cancer risk. Examples of projects that emit toxic pollutants over long-term operations include oil and gas processing, gasoline dispensing, dry cleaning, electronic and parts manufacturing, medical equipment sterilization, freeways, and rail yards.

Operation of the proposed project would not result in the development of any substantial sources of air toxics.

There are no stationary sources associated with the operations of the proposed project; nor would the proposed project attract additional mobile sources that spend long periods queuing and idling at the site. As such, the project would not emit TACs during normal operations and TACs are not anticipated to be present at the project site. Thus, a formal health risk assessment will not be required for the project. Onsite project emissions would not result in significant concentrations of pollutants at nearby sensitive receptors, and the proposed project would not have a high carcinogenic or non-carcinogenic risk during operation.

Carbon Monoxide Hot Spots
It has long been recognized that CO exceedances are caused by vehicular emissions, primarily when idling at intersections. Concentrations of CO are a direct function of the number of vehicles, length of delay, and traffic flow conditions. Under certain meteorological conditions, CO concentrations close to congested intersections that experience high levels of traffic and elevated background concentrations may reach unhealthy levels, affecting nearby sensitive receptors. Given the high traffic volume potential, areas of high CO concentrations, or “hot spots,” are typically associated with intersections that are projected to operate at unacceptable levels of service during the peak commute hours.

However, transport of this criteria pollutant is extremely limited, and CO disperses rapidly with distance from the source under normal meteorological conditions. Furthermore, vehicle emissions standards have become increasingly more stringent in the last 20 years. Currently, the allowable CO emissions standard in California is a maximum of 3.4 grams/mile for passenger cars (there are requirements for certain vehicles that are more stringent). With the turnover of older vehicles, introduction of cleaner fuels, and implementation of increasingly sophisticated and efficient emissions control technologies, CO concentration in the Sacramento County portion of the SVAB is designated as in attainment. Detailed modeling of project-specific CO “hot spots” is not necessary and thus this potential impact is addressed qualitatively.

A CO “hot spot” would occur if an exceedance of the state one-hour standard of 20 parts per million (ppm) or the eight-hour standard of 9 ppm were to occur. The analysis prepared for CO attainment in the South Coast ITEM 11.1. ATTACHMENT 3

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Air Quality Management District’s (SCAQMD’s) 1992 Federal Attainment Plan for Carbon Monoxide in Los Angeles County and a Modeling and Attainment Demonstration prepared by the SCAQMD as part of the 2003 AQMP can be used to demonstrate the potential for CO exceedances of these standards. The SCAQMD is the air pollution control district for much of southern California. The SCAQMD conducted a CO hot spot analysis as part of the 1992 CO Federal Attainment Plan at four busy intersections in Los Angeles County during the peak morning and afternoon time periods. The intersections evaluated included Long Beach Boulevard and Imperial Highway (Lynwood), Wilshire Boulevard and Veteran Avenue (Westwood), Sunset Boulevard and Highland Avenue (Hollywood), and La Cienega Boulevard and Century Boulevard (Inglewood). The busiest intersection evaluated was at Wilshire Boulevard and Veteran Avenue, which has a traffic volume of approximately 100,000 vehicles per day. Despite this level of traffic, the CO analysis concluded that there was no violation of CO standards. In order to establish a more accurate record of baseline CO concentrations affecting the Los Angeles, a CO “hot spot” analysis was conducted in 2003 at the same four busy intersections in Los Angeles at the peak morning and afternoon time periods. This “hot spot” analysis did not predict any violation of CO standards.

The highest one-hour concentration was measured at 4.6 ppm at Wilshire Boulevard and Veteran Avenue and the highest eight- hour concentration was measured at 8.4 ppm at Long Beach Boulevard and Imperial Highway.

Thus, there was no violation of CO standards.

Similar considerations are also employed by other air districts when evaluating potential CO concentration impacts. Specifically, the Bay Area Air Quality Management District concludes that under existing and future vehicle emission rates, a given project would have to increase traffic volumes at a single intersection by more than 44,000 vehicles per hour—or 24,000 vehicles per hour where vertical and/or horizontal air does not mix— in order to generate a significant CO impact.

The proposed project is anticipated to result in 4,354 daily traffic trips (Appendix 5.1-1). Thus, the proposed project would not generate traffic volumes at any intersection of more than 100,000 vehicles per day (or 44,000 vehicles per day), and there is no likelihood of the project site traffic exceeding CO values.

Level of Significance Before Mitigation: Impact 5.1-3 would be less than significant Mitigation Measures
No mitigation measures required.

Level of Significance After Mitigation: Impact 5.1-3 would be less than significant.

Impact 5.1-4: The proposed project would not result in other emissions that would adversely affect a substantial number of people. [Threshold AQ-4]
Typically, odors are regarded as an annoyance rather than a health hazard. However, manifestations of a person’s reaction to foul odors can range from psychological (e.g., irritation, anger, or anxiety) to physiological (e.g., circulatory and respiratory effects, nausea, vomiting, and headache).

The human nose is the primary sensing device for odors. The ability to detect odors varies considerably among the population and overall is quite subjective. In addition, people may have different reactions to the same odor; in fact, an odorthat is offensive to one personmay be perfectly acceptable to another. An unfamiliar odor is more ITEM 11.1. ATTACHMENT 3

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easily detected and is more likely to cause complaints than a familiar one. This is due to a phenomenon known as odor fatigue, in which a person can become desensitized to almost any odor, and recognition only occurs with an alteration in the intensity.

Quality and intensity are two properties present in any odor. The quality of an odor signifies the nature of the smell experience, such as flowery or sweet. Intensity, on the other hand, refers to the strength of the odor, as described by using the word "strong." Odor intensity depends on the odorant concentration in the air. When an odorous sample is progressively diluted, the odorant concentration decreases. As this occurs, the odor intensity weakens and eventually becomes so low that the detection or recognition of the odor is quite difficult.

At some point during dilution, the concentration of the odorant reaches a detection threshold. An odorant concentration below the detection threshold means that the concentration in the air is not detectable by the average human.

During construction, the proposed project presents the potential for generation of objectionable odors in the form of diesel exhaust in the immediate vicinity of the site. However, these emissions are short-term in nature and will rapidly dissipate and be diluted by the atmosphere downwind of the emission sources. Additionally, odors would be localized and generally confined to the construction area. Therefore, construction odors would not adversely affect a substantial number of people to odor emissions.

According to the SMAQMD, land uses commonly considered to be potential sources of noxious odorous emissions include wastewater treatment plants, sanitary landfills, composting/green waste facilities, recycling facilities, petroleum refineries, chemical manufacturing plants, painting/coating operations, rendering plants, and food packaging plants. The proposed project does not include any uses identified by the SMAQMD as being associated with odors.

Level of Significance Before Mitigation: Impact 5.1-4 would be less than significant.

Mitigation Measures
No mitigation measures are required.

Level of Significance After Mitigation: Impact 5.1-4 would be less than significant.

5.1.5 Cumulative Impacts
Air pollution is largely a cumulative impact. The proposed project is not sufficient in size, by itself, to result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s individual emissions exceed its identified significance thresholds, the proposed project would be cumulatively considerable. Projects that do not exceed significance thresholds would not be considered cumulatively considerable. As identified in the analysis above, the project would not exceed significance thresholds or otherwise result in any project-level impact. Thus, the project is considered less than cumulatively considerable in terms of air quality-related impacts.

ITEM 11.1. ATTACHMENT 3

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5.1.6 Level of Significance Before Mitigation
Upon implementation of regulatory requirements and standard conditions of approval, some impacts would be less than significant: 5.1-2, 5.1-3, 5.1-4 and 5.1-5.

Without mitigation, these impacts would be potentially significant:
 Impact 5.1-1 The proposed project could generate short-term emissions in exceedance of SMAQMD’s threshold criteria.

5.1.7 Mitigation Measures
Impact 5.1-1
AQ-1 The implementing agency will require the construction contractor(s) to implement basic and enhanced control measures to reduce construction-related fugitive dust as a standard or specification of their contract. The following measures are required for the entirety of the construction area. The implementing agency will ensure, through contract provisions and specifications, that the contractor adheres to the mitigation measures before and during construction and documents compliance with the adopted mitigation measures.

5.1.8 Level of Significance After Mitigation
These mitigation measures would reduce potential impacts associated with air quality to a level that is less than significant. Therefore, no significant unavoidable adverse impacts relating to air quality have been identified.

ITEM 11.1. ATTACHMENT 3

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5.1.9 References
California Air Pollution Control Officers Association (CAPCOA). 2021. Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.airquality.org/ ClimateChange/Documents/Final%20Handbook_AB434.pdf
California Air Resources Board (CARB). 2023, October 2 (accessed). Ambient Air Monitoring: Regulatory. https://ww2.arb.ca.gov/our-work/programs/ambient-air-monitoring-regulatory#:~:text=The% 20California%20Ambient%20Air%20Monitoring,%2C%20State%2C%20and%20local%20agencies.

ECORP Consulting Inc. (ECORP). 2023, June. Air Quality & Greenhouse Gas Emissions Assessment: Mills Crossing, Rancho Cordova, California. Appendix 5.1-1.

Office of Environmental Health Hazard Assessment (OEHHA). 2015. Guidance Manual for Preparation of Health Risk Assessments.

Sacramento Metropolitan Air Quality Management District (SAC AQMD). 2020. “Introduction.” Chapter 1 of Guide to Air Quality Assessment in Sacramento County. https://www.airquality.org/LandUseTransportation/Documents/Ch1IntroAq4-25-2020.pdf.

San Joaquin Air Pollution Control District (SJVAPCD). 2014. Amicus Brief of San Joaquin Valley Unified Air Pollution Control District in Support of Defendant and Respondent, County of Fresno and Real Party in Interest and Respondent, Friant Ranch, L.P.: Sierra Club v. County of Fresno (Friant Ranch, L.P.) (2018) 6 Cal.5th 502, Case No. S219783.

South Coast Air Quality Management District (SCAQMD). 2014. Brief of Amicus Curiae in Support of Neither Party and [Proposed] Brief of Amicus Curiae: Sierra Club v. County of Fresno (Friant Ranch, L.P.) (2018) 6 Cal.5th 502, Case No. S219783.

Zhu, Y., W. C. Hinds, S. Kim, and S. Shen. 2002. “Study of Ultrafine Particles Near a Major Highway with Heavy-Duty Diesel Traffic.” Atmospheric Environment 36:4323–4335.

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5.2 BIOLOGICAL RESOURCES
This chapter describes the regulatory framework and existing conditions in the project site related to biological resources, and the potential impacts of the project on biological resources.

The analysis in this section is based in part on the following technical report(s):
 Biological Resources Assessment for the Mills Crossing Project, ECORP Consulting, Inc., March 2023 A complete copy of this study is included as Appendix 5.2-1, Biological Resource Assessment.

5.2.1 Environmental Setting

5.2.1.1 REGULATORY BACKGROUND
This section summarizes key federal, state, and local regulations, plans, and programs that provide protection and management of sensitive biological resources to the City of Rancho Cordova and the project site.

Federal and State Regulations
Federal Endangered Species Act
The Federal Endangered Species Act (FESA) of 1973, as amended, protects and conserves any species of plant or animal that is endangered or threatened with extinction, as well as the habitats where these species are found. “Take” of endangered species is prohibited under Section 9 of the FESA. “Take” means to “harass, harm, pursue, hunt, wound, kill, trap, capture, collect, or attempt to engage in any such conduct.” Section 7 of the FESA requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) on proposed federal actions that may affect any endangered, threatened, or proposed (for listing) species or critical habitat that may support the species. Section 4(a) of the FESA requires that critical habitat be designated by the USFWS “to the maximum extent prudent and determinable, at the time a species is determined to be endangered or threatened.” This provides guidance for planners/managers and biologists by indicating locations of suitable habitat and where preservation of a particular species has high priority. Section 10 of the FESA provides the regulatory mechanism for incidental take of a listed species by private interests and nonfederal government agencies during lawful activities. Habitat conservation plans (HCPs) for the impacted species must be developed in support of incidental take permits to minimize impacts to the species and formulate viable mitigation measures.

Migratory Bird Treaty Act
The Migratory Bird Treaty Act of 1918 (MBTA) affirms and implements the United States’ commitment to four international conventions—with Canada, Japan, Mexico, and Russia—to protect shared migratory bird resources. The MBTA governs the take, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests. It prohibits the take, possession, import, export, transport, sale, purchase, barter, or offering of these items, except under a valid permit or as permitted in the implementing regulations. USFWS administers permits to take migratory birds in accordance with the MBTA.

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California Endangered Species Act
The California Endangered Species Act (CESA) generally parallels the main provisions of the FESA and is administered by the California Department of Fish and Wildlife (CDFW). Its intent is to prohibit take and protect state-listed endangered and threatened species of fish, wildlife, and plants. Unlike its federal counterpart, CESA also applies the take prohibitions to species petitioned for listing (state candidates).

Candidate species may be afforded temporary protection as though they were already listed as threatened or endangered at the discretion of the Fish and Game Commission. Unlike the FESA, CESA does not include listing provisions for invertebrate species. Under certain conditions, CESA has provisions for take through a 2081 permit or memorandum of understanding (MOU). In addition, some sensitive mammals and birds are protected by the state as “fully protected species.” California “species of special concern” are species designated as vulnerable to extinction due to declining population levels, limited ranges, and/or continuing threats. This list is primarily a working document for the CDFW’s California Natural Diversity Database (CNDDB), which maintains a record of known and recorded occurrences of sensitive species. Informally listed taxa are not protected per se but warrant consideration in the preparation of biological resources assessments.

Sensitive Natural Communities
The CDFW maintains the California Natural Community List, which provides a list of vegetation alliances, associations, and special stands as defined in A Manual of California Vegetation Online along with their respective state and global rarity ranks. Natural communities with a state rarity rank of S1, S2, or S3 are considered sensitive natural communities. Depending on the policy of the lead agency, impacts to sensitive natural communities may be considered significant under CEQA.

Porter-Cologne Water Quality Act
The Regional Water Quality Control Board (RWQCB) implements water quality regulations under the federal CWA and the Porter-Cologne Water Quality Act. These regulations require compliance with the National Pollutant Discharge Elimination System (NPDES), including compliance with the California Storm Water NPDES General Construction Permit for discharges of stormwater runoff associated with construction activities. General Construction Permits for projects that disturb 1 or more acres of land require development and implementation of a Stormwater Pollution Prevention Plan. Under the Porter-Cologne Water Quality Act, the RWQCB also regulates actions that would involve “discharging waste, or proposing to discharge waste, within any region that could affect the water of the state” (Water Code 13260(a)). Waters of the State are defined as “any surface water or groundwater, including saline waters, within the boundaries of the state” (Water Code 13050 (e)). The RWQCB regulates all such activities, as well as dredging, filling, or discharging materials into Waters of the State that are not regulated by the U.S. Army Corps of Engineers due to a lack of connectivity with a navigable water body. The RWQCB may require issuance of Waste Discharge Requirements for these activities.

California Fish and Game Code Special Protections for Birds Sections 3800, 3513, and 3503 of the California Fish and Game Code specifically protect birds.

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 Section 3800 states that it is unlawful to take nongame birds, such as those occurring naturally in California that are not resident game birds, migratory game birds, or fully protected birds, except when in accordance with regulations of the commission or a mitigation plan approved by CDFW for mining operations.  Section 3503 of the California Fish and Game Code prohibits the take, possession, or needless destruction of the nest or eggs of any bird. Subsection 3503.5 prohibits the take, possession, or destruction of any birds and their nests in the orders Strigiformes (owls) or Falconiformes (hawks and eagles).  Section 3513 specifically prohibits the take or possession of any migratory nongame bird as designated in the MBTA
Native Plant Protection Act
The NPPA of 1977 was created with the intent to “preserve, protect and enhance rare and endangered plants in this State.” The NPPA is administered by CDFW and provided in California Fish and Game Code Sections 1900-1913. The Fish and Wildlife Commission has the authority to designate native plants as “endangered” or “rare” and to protect endangered and rare plants from take. The CESA of 1984 (California Fish and Game Code Sections 2050–2116) provided further protection for rare and endangered plant species, but the NPPA remains part of the California Fish and Game Code.

Local Regulations
City of Rancho Cordova General Plan
The Natural Resources Element of the Rancho Cordova General Plan includes goals and policies for protection of natural resources. The following policies are relevant to biological resources:
 Policy NR.1.1: Incorporate large and interconnected wildlife corridors in new development areas to provide ample space for animal movement
 Policy NR.1.2: Conserve Swainson’s hawk habitat
 Policy NR.1.4: Discourage the planting of invasive species  Policy NR.1.5: Ensure the protection of wildlife through the establishment of programs to control feral pet populations.
 Policy NR.2.1: Require mitigation that provides for “no net loss” of wetlands.  Policy NR.2.2: Ensure that direct and indirect effects to wetland habitats are minimized by environmentally sensitive project siting and design, to the maximum extent feasible.  Policy NR.4.1: Conserve native oak and landmark tree resources for their historic, economic, aesthetic, and environmental value
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 Policy NR.5.1: Promote water conservation within existing and future urban uses  Policy NR.5.3: Protect surface and ground water from major sources of pollution, including hazardous materials contamination and urban runoff
Rancho Cordova Municipal Code: Chapter 19.12, Preservation and Protection of Private Trees It is the intent of this chapter to establish regulations for the protection, removal, and preservation of landmark trees and protected trees, as defined herein, to retain as many trees as possible consistent with the purpose hereof and the reasonable economic enjoyment of all property in the city. For the purpose of this chapter, “protected tree” means the following:
 Native oak—such as valley oak (Quercus lobata), interior live oak (Quercus wislizenii), blue oak (Quercus douglasii), or oracle oak (Quercus morehus)—having a trunk diameter of at least six inches or greater.  Any tree species other than a native oak having a trunk diameter of at least 12 inches or greater on nonresidential property.
 Any tree species other than a native oak having a trunk diameter of at least 24 inches or greater  on residential property.
 Any tree planted as a requirement tree for site development, tree permit condition, landscape plan removal replacement, or other designated condition by the public works director or planning director.  “Protected tree” does not include any trees for sale within the city sold by a nursery.

5.2.1.2 EXISTING CONDITIONS
Site Characteristics and Land Use
The project site is located on leveled flat terrain with elevations ranging from 77 to 82 feet above mean sea level. Historically, the site was developed and had several structures and associated parking lots until 2019. A few scattered trees are found in weedy patches around the perimeter of the project site.. A few scattered trees are found in weedy patches within and around the perimeter of the project site.

Aquatic Resources
An aquatic resources assessment to identify potential water of the U.S./State on the project site found no aquatic resources. Therefore, there are no potential waters of the U.S./State on the site.

Table 5.2-1, Evaluation of Special-Status and Wildlife Species for the Project Site, lists the special-status plant and wildlife species identified in a literature search as potentially occurring on the project site. Table 5.2-1 includes the listing status for each species, a brief habitat description, and a determination on the potential for it to occur in or near the project site.

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Summary
As shown in Table 5.2-2, 10 special status plant species, 6 special status invertebrate, 11 special-status fish species, 2 special status amphibian species, 3 special status reptile species, and a special-status mammal (American badger) were identified as having the potential to occur on the project site based on literature review.

However, upon further analysis and reconnaissance of site visit, all species were determined to be absent due to the lack of suitable habitat or because the project site was outside the range of the species. A total of 44 special-status bird species were identified as having the potential to occur within the project site; however, only 7 species owed this potential to either their presence in the project site or because the project site presented a suitable habitat for these species to occur.

Further descriptions of the seven special-status bird species and four special status mammals are provided following Table 5.2-1.

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Table 5.2-1 Evaluation of Special-Status Plant and Wildlife Species for the Project Site Common Name
(Scientific Name)
Status
Habitat Description
Observation
Period Potential to Occur On-Site ESA CESA Other
Valley brodiaea
(Brodiaea rosea ssp. vallicola) – – 4.2
Occurs in old alluvial terraces and silt, sandy, or
gravelly soils in vernal pools and swales within valley and foothill grassland (35’–1,100’).

April–May Absent. No suitable habitat within the
project site.

Parry’s rough tarplant
(Centromadia parryi ssp. rudis) – – 4.2
Alkaline, vernally mesic areas, and seeps in valley and foothill grassland and vernal pools, sometimes found on roadsides (0’–330').

May–October Absent. No suitable habitat within the
project site.

Brandegee’s clarkia
(Clarkia biloba ssp. brandegeeae) – – 4.2 Chaparral, cismontane woodlands, and lower montane coniferous forest often along roadcuts (245’–3,000’). May–July Absent. No suitable habitat within the project site.

Peruvian dodder
(Cuscuta obtusiflora var. glandulosa) – – 2B.2 Freshwatermarshes and swamps (50’-920’). July–October Absent. No suitable habitat within the project site.

Dwarf downingia (Downingia pusilla) – – 2B.2
Mesic areas in valley and foothill grassland, and
vernal pools. Species has also been found in
disturbed areas such as tire ruts and scraped
depressions (5’–1,460’).

March–May Absent. No suitable habitat within the
project site.

Stinkbells (Fritillaria agrestis) – – 4.2
Clay and sometimes serpentinite soils in chaparral,
cismontane woodland, pinyon and juniper woodland,
and valley and foothill grassland (35'–5,100').

March–June Absent. No suitable habitat within the
project site.

Boggs Lake hedge- hyssop
(Gratiola heterosepala) – CE 1B.2 Marshes, swamps, lake margins, and vernal pools (35’–7,790’). April–August Absent. No suitable habitat within the project site.

Hogwallow starfish
(Hesperevax caulescens) – – 4.2
Sometimes alkaline in mesic areas with clay soil within valley and foothill grassland and shallow vernal pools
(0’–1,655’).

March–June Absent. No suitable habitat within the
project site.

Woolly rose-mallow
(Hibiscus lasiocarpos var. occidentalis) – – 1B.2 Marshes and freshwater swamps. Often in riprap on sides of levees (0’–395’).

June–
September
Absent. No suitable habitat within the
project site.

Ahart’s dwarf rush
(Juncus leiospermus var. ahartii) – – 1B.2
Mesic areas in valley and foothill grassland. Species
has an affinity for slight disturbance such as farmed
fields (100’–750’).

March–May Absent. No suitable habitat within the
project site.

Alkali-sink goldfields
(Lasthenia chrysantha) – – 1B.1 Alkaline vernal pools (0’–655’). February–April Absent. No suitable habitat within the project site.

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Table 5.2-1 Evaluation of Special-Status Plant and Wildlife Species for the Project Site Common Name
(Scientific Name)
Status
Habitat Description
Observation
Period Potential to Occur On-Site ESA CESA Other
Legenere (Legenere limosa) – – 1B.1
Various seasonally inundated areas including wetlands,
wetland swales, marshes, vernal pools, artificial ponds, and floodplains of intermittent drainages (5’–2,885').

April–June Absent. No suitable habitat within the
project site.

Heckard’s pepper- grass
(Lepidiumlatipes var. heckardii) – – 1B.2 Alkaline flats within valley and foothill grasslands (5’– 655’). March–May Absent. No suitable habitat within the project site.

Hoary navarretia
(Navarretia eriocephala) – -– 4.3 Vernally mesic areas in cismontane woodland and valley and foothill grassland (345'–1,310'). May–June Absent. No suitable habitat within the project site.

Pincushion navarretia
(Navarretia myersii ssp. myersii) – – 1B.1 Often acidic soils in vernal pools (65’–1,085’). April–May Absent. No suitable habitat within the project site.

Slender Orcutt grass
(Orcuttia tenuis) FT CE 1B.1 Vernal pools, often gravelly (115’–5,775’). May–September Absent. No suitable habitat within the project site.

SacramentoOrcutt grass
(Orcuttia viscida) FE CE 1B.1 Vernal pools (100'–330'). April–July Absent. No suitable habitat within the project site.

Sanford’s arrowhead
(Sagittaria sanfordii) – – 1B.2 Shallowmarshes and freshwater swamps (0’–2,135’). May–October Absent. No suitable habitat within the project site.

Saline clover
(Trifolium hydrophilum) – – 1B.2
Marshes and swamps, mesic and alkaline areas in
valley and foothill grassland, and vernal pools (0’–
985’).

April–June Absent. No suitable habitat within the
project site.

Invertebrates
Conservancy fairy shrimp
(Branchinecta lynchi) FE – – Vernal pools/wetlands. November–April Absent. No suitable habitat within project site.

Vernal pool fairy shrimp
(Branchinecta lynchi) FT – – Vernal pools/wetlands. November–April Absent. No suitable habitat within project site.

Crotch bumble bee
(Bombus crotchii) – CC –
Primarily nests underground in open grassland and
scrub habitats from the California coast east to the
Sierra Cascade and south to Mexico.

March–
September
Absent. No suitable habitat within
project site.

Monarch butterfly
(Danaus plexippus) FC – –
Adultmonarchs west of the Rocky Mountains typically
overwinter in sheltered wooded groves of Monterey
pine, Monterey cypress, and gum eucalyptus along
coastal California, then disperse in spring throughout
California, Nevada, Arizona, and parts of Oregon and
Washington. Adults require milkweed and additional
Any season
Absent. No suitable habitat within
project site.

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BIOLOGICAL RESOURCES

Table 5.2-1 Evaluation of Special-Status Plant and Wildlife Species for the Project Site Common Name
(Scientific Name)
Status
Habitat Description
Observation
Period Potential to Occur On-Site ESA CESA Other
nectar sources during the breeding season. Larval
caterpillars feed exclusively on milkweed.

Valley elderberry longhorn
beetle
(Desmocerus californicus dimorphus)
FT – – Elderberry shrubs. Any season
Absent. No suitable habitat
(Elderberry shrubs) within project
site.

Vernal pool tadpole shrimp
(Lepidurus packardi) FE – – Vernal pools/wetlands. November–April Absent. No suitable habitat within project site.

Fish
Green sturgeon (Distinct
Population Segment, [DPS])
(Acipenser medirostris pop. 1)
FT – SSC Anadromous; undammed cold- water rivers having relatively deep pools with large substrates. N/A Absent. No suitable habitat withinproject site.

Delta smelt
(Hypomesus transpacificus) FT CE – Sacramento-San Joaquin Delta. N/A Absent. No suitable habitat within project site.

River lamprey
(Lampetra ayresii) – – SSC
Spawning adults in clear gravel riffles of streams;
feeding adults in estuaries and ocean.

Ammocoetes in sandy and muddy pools of spawning
streams.

N/A Absent. No suitable habitat within
project site.

Pacific lamprey
(Lampetra tridentata) – – SSC Anadromous; undammed streams rivers, streams, and creeks with gravel spawning substrates. N/A Absent. No suitable habitat withinproject site.

Hardhead
(Mylopharodon conocephalus) – – SSC
Relatively undisturbed streams at low to mid elevations in the Sacramento-San Joaquin and Russian River
drainages. In the San Joaquin River, scattered
populations found in tributary streams, but only rarely in the valley reaches of the San Joaquin River.

N/A Absent. No suitable habitat within
project site.

Steelhead (CA Central Valley
Evolutionarily Significant Unit [ESU])
(Oncorhynchus mykiss)
FT – – Undammed rivers, streams, creeks N/A Absent. No suitable habitat within project site.

Chinook salmon (Central Valley
fall/late fall-run ESU)
(Oncorhynchus tshawytscha)
– – SSC Undammed rivers, streams, creeks in the Sacramento and San Joaquin River systems. N/A Absent. No suitable habitat withinproject site.

Chinook salmon (Central Valley springrun ESU)
(Oncorhynchus tshawytscha)
FT CT – Undammed rivers, streams, creeks in the Sacramento and San Joaquin River systems. N/A Absent. No suitable habitat withinproject site.

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Table 5.2-1 Evaluation of Special-Status Plant and Wildlife Species for the Project Site Common Name
(Scientific Name)
Status
Habitat Description
Observation
Period Potential to Occur On-Site ESA CESA Other
Chinook salmon (Sacramento
River winter-run ESU)
(Oncorhynchus tshawytscha)
FE CE – Undammed reaches of the mainstem and tributaries to the Sacramento River downstream of Shasta Reservoir. N/A Absent. No suitable habitat withinproject site.

Sacramento splittail
(Pogonichthys macrolepidotus) – – SSC
San Francisco Bay estuary and Central Valley lakes
and rivers. Spawns in upstreamfloodplains and
backwater sloughs.

N/A Absent. No suitable habitat within
project site.

Longfin smelt
(Spirinchus thaleichthys) FC CT SSC Freshwater and coastal estuaries. N/A Absent. No suitable habitat within project site.

Amphibians
California tiger salamander
(Central California DPS)
(Ambystoma californiense)

FT CT WL
Vernal pools, wetlands (breeding) and adjacent
grassland or oak woodland; needs underground refuge
(e.g., ground squirrel and/or gopher burrows). Largely
terrestrial as adults.

March–May Absent. No suitable habitat within the
project site.

Western spadefoot
(Spea hammondii) – – SSC
California endemic species of vernal pools, swales,
wetlands and adjacent grasslands throughout the
Central Valley.

March–May Absent. No suitable habitat within the
project site.

Reptiles
Northwestern pond turtle
(Actinemys marmorata) – – SSC
Requires basking sites and upland habitat up to 0.5 km
from water for egg laying. Uses ponds, streams,
detention basins, and irrigation ditches.

April–
September
Absent. No suitable habitat within
project site.

Blainville’s (Coast) horned
lizard
(Phrynosoma blainvillii)
– – SSC
Formerly a wide- spread horned lizard found in a wide
variety of habitats, often in lower elevation areas with sandy washes and scattered low bushes. Also occurs
in Sierra Nevada foothills. Requires open areas for
basking, but with bushes or grass clumps for cover,
patches of loamy soil or sand for burrowing and an
abundance of ants. In the northern Sacramento area,
this species appears restricted to the foothills between 1000 to 3000 feet from Cameron Park (El Dorado
County) north and west to Grass Valley and Nevada
City.

April–October Absent. No suitable habitat within
project site.

Giant garter snake
(Thamnophis gigas) FT CT –
Freshwater ditches, sloughs, andmarshes in the
Central Valley. Almost extirpated from the southern
parts of its range.

April–October Absent. No suitable habitat within
project site.

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Table 5.2-1 Evaluation of Special-Status Plant and Wildlife Species for the Project Site Common Name
(Scientific Name)
Status
Habitat Description
Observation
Period Potential to Occur On-Site ESA CESA Other
Birds
Western grebe
(Aechmophorus occidentalis) – – BCC
Winters on salt or brackish bays, estuaries, sheltered
seacoasts, freshwater lakes, and rivers. Nests on
freshwater lakes and marshes with open water
bordered by emergent vegetation.

Nesting: June–
August
Absent. No suitable habitat within the
project site.

Clark’s grebe
(Aechmophorus clarkii) – – BCC
Winters on salt or brackish bays, estuaries, sheltered
seacoasts, freshwater lakes, and rivers. Breeds on
freshwater to brackish marshes, lakes, reservoirs and
ponds, with a preference for large stretches of open
water fringed with emergent vegetation
Nesting: June–
August
Absent. No suitable habitat within the
project site.

Yellow-billed cuckoo
(Coccyzus americanus) FT CE –
Breeds in California, Arizona, Utah, Colorado, and
Wyoming. In California, they nest along the upper
Sacramento River and the South Fork Kern River from
Isabella Reservoir to Canebrake Ecological Reserve.

Other known nesting locations include Feather River
(Butte, Yuba, Sutter counties), Prado Flood Control
Basin (San Bernardino and Riverside counties),
Amargosa River and Owens Valley (Inyo County),
Santa Clara River (Los Angeles County),Mojave River
and Colorado River (San Bernardino County). Nests in
riparian woodland.

Winters in South America.

June 15–August
15 Absent. No suitable habitat within the
project site.

Black swift
(Cypseloides niger) – – BCC,
SSC
In California, nests from Cascade-Sierra Nevada
region south to Tulare and Mono counties; coastal
ranges (Santa Cruz south to San Luis Obispo
counties), San Gabriel, San Bernardino, and San
Jacinto Mountains. Nests on ledges or shallow caves
on steep rock faces, usually behind waterfalls. Winter
range, unknown, but thought to be northern and
western South America, and West Indies.

Nesting: May–
September
Absent. No suitable habitat within the
project site.

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Table 5.2-1 Evaluation of Special-Status Plant and Wildlife Species for the Project Site Common Name
(Scientific Name)
Status
Habitat Description
Observation
Period Potential to Occur On-Site ESA CESA Other
Vaux's swift
(Chaetura vauxi) – – BCC,
SSC
In California, breeds along the coastal zone from Del
Norte County south to Santa Cruz County; Yosemite
National Park, possibly Warner and Whites Mountains
and Sequoia National Park Nest in late stage
coniferous forests and deciduous forests mixed with
coniferous. Winters from central Mexico to South
America.

May–August Absent. No suitable nesting habitat
within the project site.

Greater sandhill crane
(Antigone canadensis tabida) – CT CFP
Breeds in NE California, Nevada, Oregon, Washington,
and BC, Canada; winters from CA to Florida. In winter,
they forage in burned grasslands, pastures, and feed on waste grain in a variety of agricultural settings (i.e., corn, wheat, milo, rice, oats, and barley), tilled fields, recently planted fields, alfalfa fields, row crops and
burned rice fields.

March–August
(breeding);
September–
March
(wintering)
Absent. No suitable habitat within the
project site.

Marbled godwit
(Limosa fedoa) – – BCC
Nests in Montana, North and South Dakota,Minnesota,
into Canada. Winter range along Pacific Coast from
British Columbia south to Central America, with small
numbers wintering in interior California. Wintering
habitat includes coastal mudflats, meadows, estuaries,
sandy beaches, sandflats, and salt ponds.

Migrant/
Wintering CA:

August–April
Absent. No suitable habitat within the
project site.

Short-billed Dowitcher
(Limnodromus griseus) – – BCC
Nests in Canada, southern Alaska; winters in coastal
California south to South America; wintering habitat
includes coastal mudflats and brackish lagoons.

Migrant/
Wintering: lateAugust–May
Absent. No suitable habitat within the
project site.

California gull (nesting colony)
(Larus californicus) – –
BCC,
CDFW
WL
Nesting occurs in the Great Basin, Great Plains, Mono
Lake, and south San Francisco Bay.

Winters along Pacific Coast from southern British
Columbia south to Baja California and Mexico. In
California, winters along coast and inland (Central
Valley, Salton Sea).

Nesting: April–
August
Absent. No suitable habitat within the
project site.

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5. Environmental Analysis

BIOLOGICAL RESOURCES

Table 5.2-1 Evaluation of Special-Status Plant and Wildlife Species for the Project Site Common Name
(Scientific Name)
Status
Habitat Description
Observation
Period Potential to Occur On-Site ESA CESA Other
Black tern
(Chlidonias niger) – – BCC,
SSC
Breeding range includes northeastern California,
Central Valley, Great Plains of U.S. and Canada;
winters in Central and South America; nesting habitat
includes shallow freshwater marsh with emergent
vegetation, prairie sloughs, lake margins, river islands, and cultivated rice fields.

Nesting: May–
August
Absent. No suitable habitat within the
project site.

California least tern
(Sternula antillarum browni) FE CE CFP
Nests along Pacific Coast from San Francisco Bay
south the Mexico; nests colonially, on sand or dried
mudflats, sand or shell islands, and gravel and sand
pits and rarely in agricultural fields, parking lots,
airports, and flat/graveled rooftops.

April–August Absent. No suitable habitat within the
project site.

Double-crested cormorant
(Nannopterum auritum) – – CDFW
WL
Nests near ponds, lakes, artificial impoundments, slowmoving rivers, lagoons, estuaries, and open coastlines and typically forages in shallow water.

Non-nesters are found in many coastal and inland
waters.

April–August Absent. No suitable habitat within the
project site.

Least bittern
(Ixobrychus exilis) – – SSC
Freshwater and brackish marshes with dense, tall
aquatic and semiaquatic vegetation intersperse with
clumps of woody vegetation and open water, and rarely
salt marshes and mangrove swamps.

April–July Absent. No suitable habitat within the
project site.

Osprey (nesting)
(Pandion haliaetus) – – CDFW
WL
Nesting habitat requires close proximity to accessible
fish, open nest site free of mammalian predators, and
extended ice-free season. The nest in large trees,
snags, cliffs, transmission/communication towers,
artificial nest platforms, channel markers/
buoys.

March–
September
Absent. No suitable habitat within the
project site.

White-tailed kite (nesting)
(Elanus leucurus) – – CFP
Nesting occurs within trees in low elevation grassland, agricultural, wetland, oak woodland, riparian, savannah, and urban habitats.

March–August
Potential to Occur. Trees onsite and
adjacent to the project site provide
suitable nesting habitat.

ITEM 11.1. ATTACHMENT 3

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5. Environmental Analysis

BIOLOGICAL RESOURCES
June 2024 Page 5.2-13
Table 5.2-1 Evaluation of Special-Status Plant and Wildlife Species for the Project Site Common Name
(Scientific Name)
Status
Habitat Description
Observation
Period Potential to Occur On-Site ESA CESA Other
Golden eagle (nesting and wintering)
(Aquila chrysaetos) – – BCC,
CFP
Nesting habitat includesmountainous canyon land,
rimrock terrain of open desert and grasslands, riparian, oak woodland/savannah, and chaparral.

Nesting occurs on cliff ledges, river banks, trees, and human-made structures (e.g., windmills, platforms, and
transmission towers). Breeding occurs throughout
California, except the immediate coast, Central Valley
floor, Salton Sea region, and the Colorado River region, where they can be found during winter.

Nest:
(February–
August); winter
CV (October–
February)
Absent. No suitable habitat within the
project site.

Northern harrier
(Circus hudsonius) – – SSC
Nests on the ground in open wetlands, marshy
meadows, wet/lightly grazed pastures, (rarely)
freshwater/brackish marshes, tundra, grasslands,
prairies, croplands, desert, shrub-steppe, and (rarely) riparian woodland communities.

April–
September
Absent. No suitable habitat within the
project site.

Cooper’s hawk (nesting)
(Accipiter cooperii) – – CDFW
WL
Nests in trees in riparian woodlands in deciduous,mixed and evergreen forests, as well as urban landscapes March–July Potential to Occur. Trees onsite and
adjacent to the project site provide
suitable nesting habitat.

Bald eagle (nesting and wintering)
(Haliaeetus leucocephalus) Delisted CE CFP,
BCC
Typically nests in forested areas near large bodies of
water in the northern half of California; nest in trees and rarely on cliffs; wintering habitat includes forest and woodland communities near water bodies (e.g., rivers,
lakes), wetlands, flooded agricultural fields, open
grasslands.

February–
September
(nesting);
October–March
(wintering)
Absent. No suitable habitat within the
project site
Swainson’s hawk (nesting)
(Buteo swainsoni) – CT BCC
Nesting occurs in trees in agricultural, riparian, oak
woodland, scrub, and urban landscapes.

Forages over grassland, agricultural lands, particularly during disking/harvesting, irrigated pastures
March–August Absent. There is no suitable nesting
or foraging habitat present.

Ferruginous hawk (wintering)
(Buteo regalis) – –
BCC,
CDFW
WL
Rarely breeds in California (Lassen County); winter
range includes grassland and shrubsteppe habitats
from Northern California (except northeast and
northwest corners) south to Mexica and east to
Oklahoma, Nebraska, and Texas.

September–
March
Absent. No suitable habitat within the
project site
ITEM 11.1. ATTACHMENT 3

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CITY OF RANCHO CORDOVA

5. Environmental Analysis

BIOLOGICAL RESOURCES

Table 5.2-1 Evaluation of Special-Status Plant and Wildlife Species for the Project Site Common Name
(Scientific Name)
Status
Habitat Description
Observation
Period Potential to Occur On-Site ESA CESA Other
Burrowing owl (burrow sites)
(Athene cunicularia) – – BCC,
SSC
Nests in burrows or burrow surrogates in open,
treeless, areas within grassland, steppe, and desert
biomes. Often with other burrowing mammals (e.g.,
prairie dogs, California ground squirrels).

May also use human- made habitat such as agricultural
fields, golf courses, cemeteries, roadside, airports,
vacant urban lots, and fairgrounds.

February–
August
Potential toOccur. Suitable habitat
present within the project site.

Short-eared owl
(Asio flammeus) – – BCC, SSC
Nests in large expanses of prairie, coastal grasslands, heathlands, shrub- steppe, tundra, and agricultural
areas.

March–July
(breeding);
August–March
(wintering in
Central Valley)
Absent. No suitable habitat within the
project site
Nuttall's woodpecker
(Dryobates nuttallii) – – BCC
Resident from northern California south to Baja
California. Nests in tree cavities in oak woodlands and riparian woodlands.

Nesting: April–
July
Potential toOccur. Oak trees onsite
represent suitable nesting habitat.

Merlin
(Falco columbarius) – – CDFW
WL
Breeds in Oregon, Washington north into Canada.

Winters in southern Canada to South America,
including California. Breeds near forest openings,
fragmented woodlots, and riparian areas. Wintering
habitat includes wide variety, open forests, grasslands, tidal flats, plains, and urban settings.

September–
April (wintering
in the Central
Valley);
Absent. No suitable habitat within the
project site
ITEM 11.1. ATTACHMENT 3

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CITY OF RANCHO CORDOVA

5. Environmental Analysis

BIOLOGICAL RESOURCES
June 2024 Page 5.2-15
Table 5.2-1 Evaluation of Special-Status Plant and Wildlife Species for the Project Site Common Name
(Scientific Name)
Status
Habitat Description
Observation
Period Potential to Occur On-Site ESA CESA Other
American peregrine falcon
(Falco peregrinus anatum) Delisted Delisted BCC,
CFP
In California, breeds in coastal region, northern
California, and Sierra Nevada. Nesting habitat includes cliff ledges and human-made ledges on towers and
buildings. Wintering habitat includes areas where there are large concentrations of shorebirds, waterfowl,
pigeons or doves.

CA Residents
nest in
February–June
Absent. No suitable habitat within the
project site.

Prairie falcon
(Falcomexicanus) – –
BCC,
CDFW
WL
Found in open habitat at all elevations up to 3,350
meters (Steenhof 2013). Nests on cliffs and bluffs in
arid plains and steppes; In California, nesting
throughout state except northwest corner, along
immediate coast, and the Central Valley floor. Winters
throughout California, in open habitats, such as
grasslands in Central Valley.

March–July
(breeding);
September–
February
(wintering in
Central Valley)
Absent. No suitable habitat within the
project site.

Olive-sided flycatcher
(Contopus cooperi) – – SSC,
BCC
Nests in montane and northern coniferous forests, in
forest openings, forest edges, semiopen forest stands.

In California, nests in coastal forests, Cascade and
Sierra Nevada region. Winters in Central to South
America.

Nesting: May–
August
Absent. No suitable habitat within the
project site
Loggerhead shrike
(Lanius ludovicianus) – – BCC, SSC
Found throughout California in open country with short
vegetation, pastures, old orchards, grasslands,
agricultural areas, open woodlands. Not found in heavily forested habitats.

March–July Absent. No suitable habitat within the
project site
Yellow-billedmagpie (nesting)
(Pica nuttalli) – – BCC
Endemic to California; found in the Central Valley and
coast range south of San Francisco Bay and north of
Los Angeles County; nesting habitat includes oak
savannah with large in large expanses of open ground;
also found in urban parklike settings.

April–June Potential toOccur. Trees onsite
provide suitable nesting habitat.

Oak titmouse
(Baeolophus inornatus) – – BCC
Nests in tree cavities within dry oak or oak-pine
woodland and riparian; where oaks are absent, they
nest in juniper woodland, open forests (e.g., gray,
Jeffrey, Coulter, pinyon pines and Joshua tree).

Nesting: March–
July
Potential toOccur. Oak trees onsite
represent suitable nesting habitat.

ITEM 11.1. ATTACHMENT 3

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CITY OF RANCHO CORDOVA

5. Environmental Analysis

BIOLOGICAL RESOURCES

Table 5.2-1 Evaluation of Special-Status Plant and Wildlife Species for the Project Site Common Name
(Scientific Name)
Status
Habitat Description
Observation
Period Potential to Occur On-Site ESA CESA Other
Bank swallow (nesting)
(Riparia riparia) – CT –
Nests colonially along coasts, rivers, streams, lakes,
reservoirs, and wetlands in vertical banks, cliffs, and bluffs in alluvial, friable soils. May also nest in sand, gravel quarries and road cuts. In California, breeding
range includes northern and central California.

May–July Absent. No suitable habitat within the
project site
Purplemartin (nesting)
(Progne subis) – – SSC
In California, breeds along coast range, Cascadenorthern Sierra Nevada region and isolated population in Sacramento. Nesting habitat includes montane
forests, Pacific lowlands with dead snags; the isolated Sacramento population nests in weep holes under
elevated highways/bridges.

Winters in South America.

May–Aug Absent. No suitable habitat within the
project site
Wrentit
(Chamaea fasciata) – – BCC
Coastal sage scrub, northern coastal scrub, chaparral,
dense understory of riparian woodlands, riparian scrub, coyote brush and blackberry thickets, and dense
thickets in suburban parks and gardens.

Nesting:March- August
March–August
(Nesting)
Absent. No suitable habitat within the
project site
Song sparrow "Modesto"
(Melospizamelodia heermanni) – – BCC,
SSC
Resident in central and southwest California, including Central Valley; nests in marsh, scrub habitat April–June Absent. No suitable habitat within the project site Yellow-breasted chat
(Icteria virens) – – SSC
In California, breeds in Klamath Mountains, inner
Northern Coast Range south to San Francisco Bay,
locally distributed from Santa Clara County south to
San Diego County Sacramento and San Joaquin
valleys, along west slope of Sierra Nevada from the
Feather River to Kern River,Mono and Inyo counties. In
the west, nesting habitat includes dense riparian and
shrubby.

May–August Absent. No suitable habitat within the
project site
Yellow-headed blackbird
(Xanthocephalus xanthocephalus) – – SSC
In California, breeds in the Great Basin region, along
Colorado River south to Baja California, Salton Sea,
Kern, Ventura, Riverside, San Diego and possibly
Orange, Lake counties and locally in the Central Valley, Nests are constructed over deep water in emergent
vegetation of prairie wetlands, quaking aspen
April–July Absent. No suitable habitat within
project site
ITEM 11.1. ATTACHMENT 3

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5. Environmental Analysis

BIOLOGICAL RESOURCES
June 2024 Page 5.2-17
Table 5.2-1 Evaluation of Special-Status Plant and Wildlife Species for the Project Site Common Name
(Scientific Name)
Status
Habitat Description
Observation
Period Potential to Occur On-Site ESA CESA Other
parklands, mountain meadows, forest edges, large
lakes.

Tricolored blackbird (nesting colony)
(Agelaius tricolor) – – BCC,
SSC
Breeds locally west of Cascade-Sierra Nevada and
southeastern deserts from Humboldt and Shasta
counties south to San Bernardino, Riverside and San
Diego Counties.

Central California, Sierra Nevada foothills and Central Valley, Siskiyou, Modoc and Lassen Counties. Nests
colonially in freshwater marsh, blackberry bramble, milk thistle, triticale fields, weedy (mustard, mallow) fields, giant cane, safflower, stinging nettles, tamarisk, riparian scrublands and forests, fiddleneck and fava bean fields.

March–August Absent. No suitable habitat within the
project site.

Bullock’s oriole
(Icterus bullockii) – – BCC Breeding habitat includes riparian and oak woodlands. Nesting: March–July Potential toOccur. Oak trees onsite
represent suitable nesting habitat.

Saltmarsh common yellowthroat
(Geothlypis trichas sinuosa) – – BCC,
SSC
Breeds in salt marshes of San Francisco Bay; winters
San Francisco south along coast to San Diego County.

Nesting: March–
July
Absent. No suitable habitat within the
project site.

Yellow warbler
(Setophaga petechia) – – SSC, BCC
Breeding range includes most of California, except
Central Valley (isolated breeding locales on Valley floor, Stanislaus, Colusa, and Butte counties), Sierra Nevada
range above tree line, and southeastern deserts.

Nesting habitat includes riparian vegetation near
streams and meadows. Winters in Mexico south to
South America.

May–August Absent. No suitable habitat within the
project site
ITEM 11.1. ATTACHMENT 3

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CITY OF RANCHO CORDOVA

5. Environmental Analysis

BIOLOGICAL RESOURCES

Table 5.2-1 Evaluation of Special-Status Plant and Wildlife Species for the Project Site Common Name
(Scientific Name)
Status
Habitat Description
Observation
Period Potential to Occur On-Site ESA CESA Other
Lawrence's goldfinch
(Spinus lawrencei) – – BCC
Breeds in Sierra Nevada and inner Coast Range
foothills surrounding the Central Valley and the southern Coast Range to Santa Barbara County east through
southern California to the Mojave Desert and Colorado
Desert into the Peninsular Range. Nests in arid and
open woodlands with chaparral or other brushy areas,
tall annual weed fields, and a water source (e.g., small stream, pond, lake), and to a lesser extent riparian
woodland, coastal scrub, evergreen forests, pinyonjuniper woodland, planted conifers, and ranches or rural residences near weedy fields and water.

Nesting: March–
September
Absent. No suitable nesting habitat
within the project site.

Grasshopper sparrow
(Ammodramus savannarum) – – SSC
In California, breeding range includes most coastal
counties south to Baja California; western Sacramento
Valley and western edge of Sierra Nevada region.

Nests in moderately open grasslands and prairies with
patchy bare ground. Avoids grasslands with extensive
shrub cover; more likely to occupy large tracts of habitat than small fragments; removal of grass cover by
grazing often detrimental.

May–August Absent. No suitable nesting habitat
within the project site.

Belding’s savannah sparrow
(Passerculus sandwichensis beldingi) – CE BCC Resident coastally from Point Conception south into Baja California; coastal salt marsh.

Year-round
resident; nests
March–August
Absent. No suitable nesting habitat
within the project site.

Mammals
American badger
(Taxidea taxus) – – SSC Drier open stages of most shrub, forest, and herbaceous habitats with friable soils.

Year round
resident
(breeds
summer–early
fall).

Absent. No suitable habitat within
project site.

Pallid bat
(Antrozous pallidus) – – SSC
Crevices in rocky outcrops and cliffs, caves, mines,
trees (e.g., basal hollows of redwoods, cavities of oaks, exfoliating pine and oak bark, deciduous trees in
riparian areas, and fruit trees in orchards). Also roosts in various human structures such as bridges, barns,
April–
September
Potential toOccur. Trees onsite
provide potential roosting habitat.

ITEM 11.1. ATTACHMENT 3

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CITY OF RANCHO CORDOVA

5. Environmental Analysis

BIOLOGICAL RESOURCES
June 2024 Page 5.2-19
Table 5.2-1 Evaluation of Special-Status Plant and Wildlife Species for the Project Site Common Name
(Scientific Name)
Status
Habitat Description
Observation
Period Potential to Occur On-Site ESA CESA Other
porches, bat boxes, and human occupied as well as
vacant buildings.

Western red bat
(Lasiurus blossevillii) – – SSC
Roosts in foliage of trees or shrubs; Day roosts are
commonly in edge habitats adjacent to streams or open
fields, in orchards, and sometimes in urban areas.

There may be an association with intact riparian habitat (particularly willows, cottonwoods, and sycamores).

April–
September
Low Potential to Occur. Trees onsite
provide marginal roosting habitat.

FE FESA listed, Endangered.

FT FESA listed, Threatened.

BCC USFWS Bird of Conservation Concern
CR CESA- or NPPA-listed, Rare.

CT CESA- or NPPA-listed, Threatened
CC Candidate for CESA listing as Endangered or Threatened CE CESA or NPPA listed, Endangered.

CFP California Fish and Game Code Fully Protected Species (Sections 3511-birds, 4700-mammals, 5050-reptiles/amphibians 1B CRPR/Rare or Endangered in California and elsewhere
2B Plants rare, threatened, or endangered in California but more common elsewhere 3 CRPR/Plants About Which More Information is Needed – A Review List 4 CRPR/Plants of Limited Distribution – A Watch List

0.1 Threat Rank/Seriously threatened in California (over 80% of occurrences threatened/high degree and immediacy of threat)

0.2 Threat Rank/Moderately threatened in California (20–80% occurrences threatened/moderate degree and immediacy of threat)

0.3 Threat Rank/Not very threatened in California (<20% of occurrences threatened/low degree and immediacy of threat or no current threats known)

ITEM 11.1. ATTACHMENT 3

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5. Environmental Analysis

BIOLOGICAL RESOURCES

Birds
White-Tailed Kite
White-tailed kite is not listed pursuant to either the California or federal ESAs; however, the species is fully protected under Section 3511 of the California Fish and Game Code. The white-tailed kite is a common resident in the Central Valley and the entire length of the California coast and all areas up to the Sierra Nevada foothills and southern deserts. In northern California, white-tailed kite nesting occurs from March through early August, actively peaking from March through June. Nesting occurs in trees with riparian, oak woodland, savannah and agricultural communities that are near foraging areas such as low elevation grasslands, agricultural, meadows, farmlands, savannahs, and emergent wetlands. There are eight CNDDB occurrences of this species within five miles of the project site. In addition, the onsite and adjacent trees provide suitable nesting habitat.

Cooper’s Hawk
The Cooper’s hawk (Accipiter cooperii) is not listed pursuant to either the California or federal Endangered Species Acts. However, it is a CDFW watch list species. Typical nesting and foraging habitats include riparian woodland, dense oak woodland, and other woodlands near water. Cooper’s hawk nest throughout California from Siskiyou County to San Diego County, and including the Central Valley. Breeding occurs during March through July, with a peak from May through July. There is one CNDDB occurrence of this species within five miles of the project site, and the trees onsite and adjacent provide suitable nesting habitat.

Burrowing Owl
Burrowing owl (Athene cunicularia) is not listed pursuant to either the California or federal Endangered Species Acts; however, it is designated as a bird of conservation concern by the USFWS and a species of special concern by the CDFW. Burrowing owls inhabit dry open rolling hills, grasslands, desert floors, and open bare ground with gullies and arroyos. They can also inhabit developed areas such as golf courses, cemeteries, roadsides within cities, airports, vacant lots in residential areas, school campuses, and fairgrounds (Poulin et al. 2020).

This species typically uses burrows created by fossorial mammals, most notably the California ground squirrel (Spermophilus beecheyi) but may also use man-made structures such as concrete culverts or pipes; concrete, asphalt, or wood debris piles; or openings beneath concrete or asphalt. The breeding season typically occurs between February 1 and August 31. There are eight CNDDB occurrences of this species within five miles of the project site. No California ground squirrel burrows were observed during the site reconnaissance, but several cracks in the old foundations and pavement onsite were observed. While no evidence of burrowing owl presence was observed, the site reconnaissance did not constitute a protocol level survey or burrowing owl habitat assessment. The project site provides a suitable habitat for this species.

Nuttall’s Woodpecker
The Nuttall’s woodpecker (Dryobates nuttallii) is not listed and protected under either state or federal Endangered Species Acts but is considered a USFWS bird of conservation concern. They are resident from Siskiyou County to Baja California. Nuttall’s woodpeckers nest in tree cavities primarily within oak woodlands, but also can be found in riparian woodlands. Breeding occurs during April through July. There are no CNDDB occurrences of ITEM 11.1. ATTACHMENT 3

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5. Environmental Analysis

BIOLOGICAL RESOURCES
June 2024 Page 5.2-1
this species within five miles of the project site; however, the oak trees on-site provide suitable nesting habitat for Nuttall’s woodpecker.

Yellow-Billed Magpie
The yellow-billed magpie (Pica nuttalli) is not listed pursuant to either the California or federal Endangered Species Acts but is considered a USFWS bird of conservation concern. This endemic species is a yearlong resident of the Central Valley and Coast Ranges from San Francisco Bay to Santa Barbara County. Yellow-billed magpies build large, bulky nests in trees in a variety of open woodland habitats, typically near grassland, pastures, or cropland. Nest building begins in late January to mid-February, which may take 6 to 8 weeks to complete, with eggs laid during April to May, and fledging during May to June. The young leave the nest about 30 days after hatching. Yellow-billed magpies are highly susceptible to West Nile virus, which may have been the cause of death to thousands of magpies during 2004 to 2006. There are no CNDDB occurrences of this species within five miles of the project site; however, on-site and adjacent trees provide suitable nesting habitat for the yellow-billed magpie to potentially occur.

Oak Titmouse
Oak titmouse (Baeolophus inornatus) are not listed and protected under either state or federal Endangered Species Acts but are considered a USFWS bird of conservation concern. Oak titmouse breeding range includes southwestern Oregon south through California’s Coast, Transverse, and Peninsular ranges and western foothills of the Sierra Nevada into Baja California; they are absent from the humid northwestern coastal region and the San Joaquin Valley. They are found in dry oak or oak-pine woodlands but may also use scrub oaks or other brush near woodlands. Nesting occurs during March through July. There are no CNDDB occurrences of this species within five miles of the project site; however, on-site trees provide suitable nesting habitat for the Oak titmouse.

Bullock’s Oriole
Bullock’s oriole (Icterus bullockii) is not listed pursuant to either the California or federal Endangered Species Acts but is currently a species of bird of conservation concern according to the USFWS. In California, Bullock’s orioles are found throughout the state except the higher elevations of mountain ranges and the eastern deserts.

They are found in riparian and oak woodlands where nests are built in deciduous trees, but may also use orchards, conifers, and eucalyptus trees. Nesting occurs from March through July. There are no CNDDB occurrences of this species within five miles of the project site; however, on-site trees provide suitable nesting habitat for the Bullock’s oriole.

Mammals
Pallid Bat
The pallid bat (Antrozous pallidus) is not listed pursuant to either the federal or California ESAs; however, this species is considered an SSC by CDFW. The pallid bat is a large, light-colored bat with long, prominent ears and pink, brown, or grey wing and tail membranes. This species ranges throughout North America from the interior of British Columbia, south to Mexico, and east to Texas. The pallid bat inhabits low-elevation (below ITEM 11.1. ATTACHMENT 3

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5. Environmental Analysis

BIOLOGICAL RESOURCES

6,000 feet) rocky arid deserts and canyonlands, shrub-steppe grasslands, karst formations, and higher elevation coniferous forest (above 7,000 feet). This species roosts alone or in groups in the crevices of rocky outcrops and cliffs, caves, mines, trees, and in various human structures such as bridges and barns. Pallid bats are feeding generalists that glean a variety of arthropod prey from surfaces as well as capturing insects on the wing. Foraging occurs over grasslands, oak savannahs, ponderosa pine forests, talus slopes, gravel roads, lava flows, fruit orchards, and vineyards. Although this species utilizes echolocation to locate prey, often they use only passive acoustic cues. This species is not thought to migrate long distances between summer and winter sites. There are no CNDDB occurrences of this species within five miles of the project site; however, on-site trees provide a potential roosting habitat for the pallid bat.

Western Red Bat
The western red bat (Lasiurus blossevillii) is not listed pursuant to either the California or federal Endangered Species Acts; however, this species is considered a species of special concern by CDFW. The western red bat is easily distinguished from other western bat species by its distinctive red coloration. This species is broadly distributed, its range extending from southern British Columbia in Canada through Argentina and Chile in South America and including much of the western United States. This solitary species day roosts primarily in the foliage of trees or shrubs in edge habitats bordering streams or open fields, in orchards, and occasionally urban areas. They may be associated with intact riparian habitat, especially with willows, cottonwoods, and sycamores. This species may occasionally utilize caves for roosting as well. They feed on a variety of insects, and generally begin to forage one to two hours after sunset. This species is considered highly migratory; however, the timing of migration and the summer ranges of males and females may be different. Winter behavior of this species is poorly understood. There are no CNDDB occurrences of this species within five miles of the project site. The on-site and adjacent trees provide marginal roosting habitat for the western red bat to have a low potential to occur.

Protected Trees
There are several trees within the project site that may be protected by the City of Rancho Cordova Tree Protection Plan. An initial site reconnaissance for trees has been completed. Identified trees within the project site included valley oak (Quercus lobata), walnut (Juglans hindsii) and potentially Chinese pistache (Pistache chinensis), and Fremont’s cottonwood (Populus fremontii).

Riparian Habitats and Sensitive Natural Communities
Northern Claypan Vernal Pool, Northern Hardpan Vernal Pool, Northern Volcanic Mud Flow Vernal Pool, Valley Needlegrass Grassland, Elderberry Savanna, and Great Valley Oak Riparian Forest are sensitive natural communities that were identified during the literature review as occurring in the vicinity of the project site.

However, no sensitive natural communities or riparian habitats were observed within the project site during the field assessment.

ITEM 11.1. ATTACHMENT 3

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5. Environmental Analysis

BIOLOGICAL RESOURCES
June 2024 Page 5.2-3
Critical Habitat and Wildlife Movement Corridors and Nursery Sites There is no designated Critical Habitat mapped within the project site (USFWS 2023). The ruderal grassland in the project site is a relatively small and fragmented and close to residential development, the light rail station and is subject to regular human presence. The project site does not contain habitat areas or corridors with significant potential for wildlife movement. For the literature research, nursery sites were include but are not limited to concentrations of nest or den sites such as heron rookeries or bat maternity roosts. No nursery sites have been documented within the project site and none were observed during the site reconnaissance.

5.2.2 Thresholds of Significance
According to Appendix G of the CEQA Guidelines, a project would normally have a significant effect on the environment if the project would:

B-1 Have a substantial effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service.

B-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 California Department of Fish and Game or U.S. Fish and Wildlife Service.

B-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, hydrological interruption, or other means.

B-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.

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

B-6 Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.

5.2.3 Plans, Programs, and Policies
The 2006 General Plan Environmental Impact Report
 Impact 4.10.1 found that implementation of the General Plan would lead to habitat loss for endangered, threatened, rare, proposed, candidate status species, and plant species identified by the California Native Plant Society with a rating of List 1B . Although the plan aims to partially mitigate impacts, habitat changes from the proposed Land Use Map will still cause significant and unavoidable impacts on listed species. The ITEM 11.1. ATTACHMENT 3

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EIR includes General Plan policies and action items, as well as mitigation measures in order to minimize these impacts:
 MM 4.10.1a. The following shall be incorporated into the Natural Resources Element as a policy under Goal NR.1: The City shall require a biological resources evaluation for private and public development projects in areas identified to contain or possibly contain listed plant and/or wildlife species based upon the City’s biological resource mapping provided in the General Plan EIR or other technical materials. This evaluation shall be conducted prior to the authorization of any ground disturbance.  MM 4.10.1b. The following measure shall be incorporated as an action item immediately under the above policy (MM 4.10.1a): For those areas in which special status species are found or likely to occur or where the presence of species can be reasonably inferred, the City shall require mitigation of impacts to those species. Mitigation shall be designed by the City in coordination with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG), and shall emphasize a multi-species approach to the maximum extent feasible. This may include development or participation in a habitat conservation plan.
 MM 4.10.1c. The following measure shall be incorporated into the Natural Resources Element as a policy under Goal NR.1: The City shall encourage creation of habitat preserves that are immediately adjacent to each other in order to provide interconnected open space areas for animal movement.  MM 4.10.1d. The following measure shall be incorporated into the Natural Resources Element as an action item under Policy NR.1.4: The City shall adopt and maintain a Noxious Weed Ordinance. The Noxious Weed Ordinance shall include regulatory standards for construction activities that occur adjacent to natural areas to inhibit the establishment of noxious weeds through accidental seed import.  MM 4.10.1e. The following measure shall be incorporated into the Natural Resources Element as a policy under Goal NR.2: The City shall require that drainage improvements that discharge into areas of wetlands to be preserved are, to the maximum extent feasible, designed to mimic the undeveloped surface water flow conditions of the area in terms of seasonality, volume and flow velocity  The General Plan's goals, policies, and mitigation measures aim to partially mitigate the impact on special-status listed species in the General Plan Planning Area. However, Impact 4.10.1 determined that the General Plan Land Use Map will result in significant and unavoidable habitat changes, leading to the overall loss of listed species and their habitats in the Planning Area.  Impact 4.10.2 determined that implementation of the General Plan would cause the overall loss of nonlisted special-status species and their habitat. The EIR includes General Plan policies and action items, as well as Mitigation Measures 4.10.1a through e in order to minimize these impacts; however these policies, actions, and measures would not fully mitigate impacts to non-listed special status species in the entire General Plan Area. Therefore the impacts on listed species from the General Plan was determined significant and unavoidable.
 Impact 4.10.3 determined that implementation of the General Plan would significantly impact foraging habitat for raptors, migratory birds, and other wildlife. The EIR includes General Plan policies, actions, and ITEM 11.1. ATTACHMENT 3

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Mitigation Measure 4.10.3 which states the City shall require that impacts to riparian habitats be mitigated at a no net loss of existing function and value based on field survey and analysis of the riparian habitat to be impacted. However, Impact 4.10.3 determined that the General Plan could still lead to the loss or degradation of large open areas used by certain species, which is considered significant and unavoidable due to the extent of urban development in the Planning Area.  Impact 4.10.4 determined that implementation of the General Plan would cause significant adverse impacts on the U.S.'s jurisdictional waters, potentially causing a loss of wetland resources and habitat value.

The EIR includes General Plan policy and actions aimed at mitigating impacts to jurisdictional waters of the U.S. However, the development within the Planning Area would affect the overall habitat value and wetland resources in the area; therefore this impact would be significant and unavoidable to jurisdictional waters of the U.S. within the Planning Area.
 Impact 4.10.5 determined that implementation of the General Plan would substantially interfere with the movement of special status and common wildlife species. Since development of vacant areas with grassland and/or similar cover types would still occur, movement corridors would be restricted or impeded by development. The EIR includes General Plan policy and actions aimed at mitigating impacts to the movement of species throughout the Planning Area including mitigation measures:
 MM 4.10.5a. Modify Policy NR.3.2 to read: Create or retain the natural topographic relief and meandering alignment of natural creek corridors in the construction of new channels and the modification of existing channels, and prohibit the placement of concrete within creeks and channels.

The following mitigation measures shall be incorporated into the City of Rancho Cordova General Plan as new policies under Goal NR.1.
 MM 4.10.5b. The following mitigation measures shall be incorporated into the City of Rancho Cordova General Plan as a new policy under Goal NR.1: The City shall avoid the placement of new roadways within habitat preserves to the maximum extent feasible.  MM 4.10.5c. The following mitigation measures shall be incorporated into the City of Rancho Cordova General Plan as a new policy under Goal NR.1: In such cases where habitat preserves are crossed by a roadway, or where two adjacent preserves are separated by a roadway, the roadway shall be designed or updated with wildlife passable fencing separating the roadway from the preserve and/or shall incorporate design features that allow for the movement of wildlife across or beneath the road without causing a hazard for vehicles and pedestrians on the roadway However Impact 4.10.5 determined that although the General Plan policies aim to minimize wildlife movement impacts in Planning Area corridors, they would not fully protect existing corridors formed by grassland and other non-riparian, non-wooded undeveloped land in the City. Further mitigation isn't feasible without prohibiting development of most undeveloped land, so overall impacts on movement corridors not associated with wooded areas or wetlands remain significant and unavoidable.  Impact 4.10.6 determined that implementation of General Plan would significantly impact native and landmark trees, including oaks, in the City. The EIR includes General Plan policies and action items aimed ITEM 11.1. ATTACHMENT 3

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to protect landmark and oak trees in the City as well as large wooded areas and urban trees. However, Impact 4.10.6 determined that there are no feasible mitigation measures to fully offset the loss of native trees. Therefore this impact would be significant and unavoidable.  Impact 4.10.7 determined that implementation of the General Plan would not conflict with a Habitat Conservation Plans, Natural Community Conservation Plans, or biological resources recovery plans of Federal or State agency since none had been adopted at the time.  Impact 4.10.8 determined that implementation of the General Plan, along with past and future projects, would cause a significant loss of biological resources in the region. The EIR includes General Plan policies, associated action items and mitigation measures MM 4.10.1a through e, MM 4.10.3, and MM 4.10.5a through c which would reduce the General Plan’s contribution to cumulative biological impacts in the region. However, the General Plan’s contribution to cumulative and significant biological resource impacts for the region would still be cumulatively considerable and is considered a significant and unavoidable impact. The only mitigation for such impacts would be to restrict the majority of development in the General Plan which is not considered feasible. Therefore, this impact was determined significant and unavoidable.

5.2.4 Environmental Impacts

5.2.4.1 IMPACT ANALYSIS
Impact 5.2-1: Development of the proposed project could significantly impact the following sensitive species: special status birds and bats. [Threshold B-1] Development allowed by the proposed project could potentially impact special-status species.

Special Status Birds. The are seven special-status bird species with the potential to occur on the project site, including one species listed under Section 3511 of the California Fish and Game Code, one CDFW watch list species, and five species designated as birds of conservation concern by the USFWS or CDFW. In addition, non-special status migratory birds could nest in the project site. All native or naturally occurring birds and their nests are protected under both California Fish and Game Code Section 3503 (active bird nests) and the MBTA.

Construction activities in or near habitat for special-status birds could result in nest disturbance or destruction, which could result in the incidental loss of fertile eggs or nestlings or otherwise lead to nest abandonment.

Construction activities could also result in the loss of foraging habitat for several bird species. Loss of specialstatus and non-special status bird eggs or nests, or any activities resulting in nest abandonment, could constitute a significant impact.

Special Status Bats. The project site contains potential roosting and foraging habitat for special-status bats, including the western red bat and pallid bat. Potential impacts to bats could result from construction-related disturbance of bat roosts, destruction of active roosts, or the loss of individuals.

Development activities from the proposed project could disturb the habitat of special status species resulting in significant impact.

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Level of Significance Before Mitigation: Impact 5.2-1 would be potentially significant.

Mitigation Measures
BIO-1: To protect nesting birds, no project activity shall begin from February 1 through August 31 unless a qualified wildlife biologist completes the following surveys. Separate surveys and avoidance requirements are listed below for nesting birds and raptors. If project construction begins between February 1 through August 31, a qualified biologist shall perform a preconstruction nesting bird survey within seven days prior to construction (or less if recommended by CDFW), within the project work area for all birds protected under the MBTA, including raptors. If any active nests are observed, these nests shall be designated a sensitive area and protected by an avoidance buffer established by a qualified biologist in coordination with CDFW. The avoidance buffer shall be maintained until a qualified biologist has determined that the young have fledged and are no longer reliant upon the nest, or that the nest is otherwise no longer active.

BIO-2: A qualified biologist shall conduct a survey for suitable bat roosting habitat within 14 days of construction activities. If no suitable roosting habitat is identified, no further measures are necessary. If suitable roosting habitat is identified and proposed for removal, a qualified biologist shall conduct an evening bat emergence survey that may include acoustic monitoring to determine whether bats are present. If roosting bats are found, consultation with CDFW prior to initiation of construction activities will be required. If bats are not found during the preconstruction surveys, no further measures are necessary.

Level of Significance After Mitigation: Impact 5.2-1 would be less than significant.

Impact 5.2-2: Development of the proposed project would not result in the loss of any riparian habitat or other sensitive natural community nor on state or federally protected wetland. [Threshold B2] [Threshold B-3] No sensitive natural communities or riparian habitats were observed within the project site during the field assessment. There were no aquatic resources identified or observed during the field assessment. In addition, as shown in Figure 3-2, Aerial Photograph, there are no riparian, natural habitat, or wetlands onsite (USFWS 2023).

Therefore, the proposed project would not have a substantial adverse effect on riparian habitat, sensitive natural communities, or wetlands. There would be no impact.

Level of Significance Before Mitigation: Impact 5.2-2 would have no impact.

Mitigation Measures
No mitigation measures are required.

Level of Significance After Mitigation: Impact 5.2-2 would have no impact.

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Impact 5.2-3: The proposed project could affect wildlife movement of special status species. [Threshold B4] Corridors refer to established migration routes commonly used by resident and migratory species for passage from one geographic location to another. Movement corridors may provide favorable locations for wildlife to travel between different habitat areas, such as foraging sites, breeding sites, cover areas, and preferred summer and winter range locations. They may also function as dispersal corridors allowing animals to move between various locations within their range.

The project site is a previously disturbed/developed site that is surrounded by development and therefore does not support significant wildlife use or movement corridors. The project site does not include known nursery sites and no evidence of a wildlife nursery site was observed during the field reconnaissance. Therefore, the proposed project is not expected to impact wildlife nursery sites. Although the project site is frequently disturbed, the trees on-site could be used for special status species by birds and bats listed in Impact 5.2-1.

Therefore, development allowed under the proposed project could disturb the movement of special status species resulting in potentially significant impacts.

In addition, the City’s General Plan Natural Resources Element contains policies that address potential impacts on corridors, such as Policy NR 1.1 which encourages incorporation of large and interconnected wildlife corridors in new development areas to provide ample space for animal movement.

Level of Significance Before Mitigation: Impact 5.2-3 would be potentially significant.

Mitigation Measures
Implement mitigation measures BIO-1 and BIO-2.

Level of Significance After Mitigation: Impact 5.2-3 would be less than significant.

Impact 5.2-4: The proposed project would not conflict with the City’s tree preservation ordinance or with the provisions of an adopted Habitat Conservation Plan, Natural Community Plan, or other approved local, regional or state habitat conservation plan. [Thresholds B-5 and B-6] The City of Rancho Cordova Municipal Code Chapter 19.12, Preservation and Protection of Private Trees, establishes regulations for the protection, removal, and preservation of landmark trees and protected trees. The proposed project is required to comply with Chapter 19.12 for the preservation and protection of private trees once a certain size is reached. Future development within the project boundary would remove protected trees, if required. The project would follow the procedures established in Chapter 19.12, such as submitting a brief statement of the reasons for removal or major trimming written by a certified arborist and obtaining a tree removal permit from the City. The General Plan includes Policy NR.4.1 which is intended to conserve native oak and landmark tree resources for their historic, economic, aesthetic, and environmental value. Following the regulations in the City’s municipal code as well as the policies in the general plan would result in a less than significant impact.

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There are no HCPs, NCCPs, or other habitat conservation plans that apply to the proposed project. No impact would occur in this regard.

Level of Significance Before Mitigation: Impact 5.2-4 would be less than significant.

Mitigation Measures
No mitigation measures are required.

Level of Significance After Mitigation: Impact 5.2-4 would be less than significant.

5.2.5 Cumulative Impacts
The area considered for cumulative impacts to biological resources is the project site and the City. Many other projects in the City could impact sensitive species directly and/or indirectly through impacts on those species’ habitats. Other projects would be required to comply with existing laws and regulations protecting biological resources. The proposed project would have a potentially significant impact on sensitive species and their habitats; however, with the implementation of mitigation measures BIO-1 and BIO-2, impacts to biological resources would be reduced to less than significant. Therefore, the project’s contribution to cumulative impacts on biological resources would not be cumulatively considerable.

5.2.6 Level of Significance Before Mitigation
Upon implementation of regulatory requirements and standard conditions of approval, some impacts would be less than significant: 5.2-2 and 5.2-4.

Without mitigation, these impacts would be potentially significant:
 Impact 5.2-1: Development of the proposed project could significantly impact the following sensitive species: special status birds and bats.
 Impact 5.2-3: The proposed project could affect wildlife movement of special status species.

In addition, cumulative impacts would be potentially significant unless the City applies mitigation measures BIO-1 and BIO-2. All impacts including cumulative impacts would be less than significant with the application of the mitigation measures listed below.

5.2.7 Mitigation Measures
Impact 5.2-1
BIO-1 To protect nesting birds, no project activity shall begin from February 1 through August 31 unless a qualified wildlife biologist completes the following surveys. Separate surveys and avoidance requirements are listed below for nesting birds and raptors. If project construction begins between February 1 through August 31, a qualified biologist will perform a preconstruction nesting bird survey within seven days prior to construction (or less if ITEM 11.1. ATTACHMENT 3

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recommended by CDFW), within the project work area for all birds protected under the MBTA, including raptors. If any active nests are observed, these nests shall be designated a sensitive area and protected by an avoidance buffer established by a qualified biologist in coordination with CDFW. The avoidance buffer shall be maintained until a qualified biologist has determined that the young have fledged and are no longer reliant upon the nest, or that the nest is otherwise no longer active.

BIO-2: A qualified biologist shall conduct a survey for suitable bat roosting habitat within 14 days of construction activities. If no suitable roosting habitat is identified, no further measures are necessary. If suitable roosting habitat is identified and proposed for removal, a qualified biologist shall conduct an evening bat emergence survey that may include acoustic monitoring to determine whether bats are present. If roosting bats are found, consultation with CDFW prior to initiation of construction activities will be required. If bats are not found during the preconstruction surveys, no further measures are necessary

5.2.8 Level of Significance After Mitigation
The mitigation measures would reduce potential impacts to biological resources to a level that is less than significant. No significant unavoidable adverse impacts to biological resources have been identified.

5.2.9 References
U.S. Fish and Wildlife Service (USFWS). 2023 (accessed). USFWS Resource Report List. Information for Planning and Conservation. Internet website: https://ecos.fws.gov/ipac.

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5.3 CULTURAL RESOURCES
Cultural resources comprise archaeological and historical resources. Archaeology studies human artifacts, such as places, objects, and settlements that reflect group or individual religious, cultural, or everyday activities.

Historical resources include sites, structures, objects, or places that are at least 50 years old and are significant for their engineering, architecture, cultural use or association, etc. In California, historic resources cover human activities over the past 12,000 years. Cultural resources provide information on scientific progress, environmental adaptations, group ideology, or other human advancements. This section of the Draft Environmental Impact Report (DEIR) evaluates the potential for implementation of the Mills Crossing Project to impact cultural resources in the City of Rancho Cordova. The analysis in this section is based in part on the following information:
 Archeological Resources Inventory Report for the Mills Crossing Project, ECORP Consulting Inc., March 2023 A complete copy of this report is in the technical appendices of this DEIR, Appendix 5.3-1.

5.3.1 Environmental Setting

5.3.1.1 REGULATORY BACKGROUND
Federal and State Regulations
National Historic Preservation Act
The National Historic Preservation Act of 1966 (NHPA) coordinates public and private efforts to identify, evaluate, and protect the nation’s historic and archaeological resources. The act authorized the National Register of Historic Places, which lists districts, sites, buildings, structures, and objects that are significant in American history, architecture, archaeology, engineering, and culture.

Section 106 (Protection of Historic Properties) of the NHPA requires federal agencies to take into account the effects of their undertakings on historic properties. Section 106 Review ensures that historic properties are considered during federal project planning and implementation. The Advisory Council on Historic Preservation, an independent federal agency, administers the review process with assistance from state historic preservation offices.

Archaeological Resources Protection Act
The Archaeological Resources Protection Act of 1979 regulates the protection of archaeological resources and sites on federal and Indian lands.

Native American Graves Protection and Repatriation Act
NAGPRA is a federal law passed in 1990 that mandates museums and federal agencies to return certain Native American cultural items—such as human remains, funerary objects, sacred objects, or objects of cultural patrimony—to lineal descendants or culturally affiliated Indian tribes.

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California Public Resources Code
Archaeological, paleontological, and historical sites are protected under a wide variety of state policies and regulations in the California Public Resources Code (PRC). In addition, cultural and paleontological resources are recognized as nonrenewable resources and receive protection under the PRC and CEQA.

PRC Sections 5020 to 5029.5 continued the former Historical Landmarks Advisory Committee as the State Historical Resources Commission. The commission oversees the administration of the California Register of Historical Resources and is responsible for designating State Historical Landmarks and Historical Points of Interest.

PRC Sections 5079 to 5079.65 define the functions and duties of the Office of Historic Preservation, which administers federal- and state-mandated historic preservation programs in California as well as the California Heritage Fund.

PRC Sections 5097.9 to 5097.991 provide protection to Native American historical and cultural resources and sacred sites; identify the powers and duties of the Native American Heritage Commission (NAHC); require that descendants be notified when Native American human remains are discovered; and provide for treatment and disposition of human remains and associated grave goods.

State
California Register of Historical Resources
The State Historical Resources Commission has designed this program for use by state and local agencies, private groups, and citizens to identify, evaluate, register, and protect California’s historical resources. The California Register of Historical Resources (CRHR) is the authoritative guide to the state’s significant historical and archaeological resources.

The CRHR program encourages public recognition and protection of resources of architectural, historical, archaeological, and cultural significance; identifies resources for state and local planning purposes; determines eligibility for state historic preservation grant funding; and affords certain protections under CEQA.

To be eligible for listing in the CRHR, a resource must meet at least one of the following criteria:

A. Associated with events that have made a significant contribution to broad patterns of local or regional history or the cultural heritage of California or the United States.

B. Associated with the lives of persons important to local, California or national history.

C. Embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of a master or possess high artistic values.

D. Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation. (PRC Section 5024.1[c]) ITEM 11.1. ATTACHMENT 3

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In addition to having significance, resources must have integrity for the period of significance. The period of significance is the date or span of time within which significant events transpired or significant individuals made their important contributions. Integrity is the authenticity of a historical resource’s physical identity as evidenced by the survival of characteristics or historic fabric that existed during the resource’s period of significance. Alterations to a resource or changes in its use over time may have historical, cultural, or architectural significance. In summary, resources must retain enough of their historic character or appearance to be recognizable as historical resources and to convey the reasons for their significance. A resource that has lost its historic character or appearance may still have sufficient integrity for the CRHR if, under Criterion D, it maintains the potential to yield significant scientific or historic information or specific data.

California Public Resources Code
Archaeological, paleontological, and historical sites are protected under a wide variety of state policies and regulations in the California PRC. In addition, cultural and paleontological resources are recognized as nonrenewable resources and receive protection under the PRC and CEQA.

PRC Sections 5020 to 5029.5 continued the former Historical Landmarks Advisory Committee as the State Historical Resources Commission. The commission oversees the administration of the California Register of Historical Resources and is responsible for designating State Historical Landmarks and Historical Points of Interest.

PRC Sections 5079 to 5079.65 define the functions and duties of the Office of Historic Preservation, which administers federal- and state-mandated historic preservation programs in California as well as the California Heritage Fund.

PRC Sections 5097.9 to 5097.991 provide protection to Native American historical and cultural resources and sacred sites; identify the powers and duties of the NAHC; require that descendants be notified when Native American human remains are discovered; and provide for treatment and disposition of human remains and associated grave goods.

Local
The Open Space, Parks, and Trails and Cultural and Historic Resources Element of the Rancho Cordova General Plan includes the following policies pertaining to cultural resources:
 Policy CHR.1.2: Establish and promote programs that identify, maintain, and protect buildings, sites, or other features of the landscape possessing historic or cultural significance.  Policy OSPT.2.4: Ensure that where land designated or proposed to be designated for open space contains Native American historical, cultural and sacred sites, the City consults with the tribe as to the level of confidentiality required to protect the site and as to appropriate dignity to afford the site in any management plan.

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5.3.1.2 EXISTING CONDITIONS
The project site is located within the city limits of Rancho Cordova, which is located in the lower Sierran Foothill region of California. Short grasses and oak trees are evident on the project site and portions of the property are paved with asphalt. The immediate surrounding area consists of extensive residential and commercial development and the broader surrounding area consists of gently rolling terrain. Elevations range from 75 to 80 feet above mean sea level. The American River is 4,000 feet to the west and the Cordova creek is less than 0.5 mile to the north of the project site.

5.3.1.3 CULTURAL SETTING
Regional Pre-contact History
It is generally believed that human occupation of California began at least 10,000 years before present (BP).

The archaeological record indicates that between approximately 10,000 and 8,000 BP, a predominantly hunting economy existed, characterized by archaeological sites containing numerous projectile points and butchered large animal bones. Animals that were hunted probably consisted mostly of large species still alive today. Bones of extinct species have been found but cannot definitively be associated with human artifacts. Although small animal bones and plant grinding tools are rarely found within archaeological sites of this period, small game and floral foods were probably exploited on a limited basis. A lack of deep cultural deposits from this period suggests that groups included only small numbers of individuals who did not often stay in one place for extended periods.

Around 8,000 BP, there was a shift in focus from hunting toward a greater reliance on plant resources.

Archaeological evidence of this trend consists of a much greater number of milling tools (e.g., metates and manos) for processing seeds and other vegetable matter. This period, which extended until around 5,000 BP, is sometimes referred to as the Millingstone Horizon. Projectile points are found in archaeological sites from this period, but they are far fewer in number than from sites dating to 8,000 BP. An increase in the size of groups and the stability of settlements is indicated by deep, extensive middens at some sites from this period.

Archaeological evidence indicates that reliance on both plant gathering and hunting continued as in the previous period, with more specialized adaptation to environments in sites dating to after about 5,000 BP. Mortars and pestles were added to metates and manos for grinding seeds and other vegetable material. Flaked-stone tools became more refined and specialized, and bone tools were more common. New peoples from the Great Basin began entering Southern California during this period. These immigrants, who spoke a language of the UtoAztecan linguistic stock, seem to have displaced or absorbed the earlier population of Hokan-speaking peoples.

During this period, known as the Late Horizon, population densities increased, and settlement became concentrated in villages and communities along the coast and interior valleys. Regional subcultures also started to develop, each with its own geographical territory and language or dialect. These were most likely the basis for the groups that the first Europeans encountered during the 18th century. Despite the regional differences, many material culture traits were shared among groups, indicating a great deal of interaction. The presence of small projectile points indicates the introduction of the bow and arrow into the region sometime around 2,000 BP.

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Local Pre-contact History
This section provides a regional overview with contextual elements drawn from California’s Central Valley Region, the Western Foothills Region, and from the transition zone itself where the project site lies. This section also references climactic changes that swept the Sierra Nevada, which were a catalyst for population movement that led to cultural change in the foothills. Archeologists and the Central California Taxonomic System (CCTS) proposed a linear, uniform sequence of cultural succession in Central California and defined Early, Middle, and Late horizons for cultural change. Archeologists recalibrated the cultural, temporal, and spatial units sequence into three broad periods: the Paleoindian Period , the three-staged Archaic period, and the Emergent Period).

The three divisions of the Archaic Period correspond to climate changes. This is the most recently developed sequence and is now commonly used to interpret Central California prehistory. The aforementioned periods are characterized by the following.

Paleoindian Period
This period began when the first people began to inhabit what is now known as the California culture area. It was commonly believed these first people (i.e., hunters and gatherers) subsisted on big game and minimally processed foods, presumably with no trade networks. More recent research indicates these people may have been more sedentary, relied on some processed foods, and traded. Populations likely consisted of small groups traveling frequently to exploit plant and animal resources.

Archaic Period
This period was characterized by an increase in plant exploitation for subsistence, more elaborate burial accoutrements, and increase in trade network complexity. The three divisions that correspond to pre-contact climate change are characterized by the following aspects.

Lower Archaic Period
This period is characterized by cycles of widespread floodplain and alluvial fan deposition. Artifact assemblages from this period include chipped-stone crescents and early wide-stemmed points, marine shell beads, eastern Nevada obsidian, and obsidian from the north Coast Ranges. These types of artifacts found on the sites dating to this period indicate trade was occurring in multiple directions. A variety of plant and animal species were also utilized, including acorns, wild cucumber, and manzanita berries.

Middle Archaic Period
This period is characterized by a drier climate. The technical analysis report states that archeologists identified two distinct settlement/subsistence patterns in this period: the Foothills Tradition and the Valley Tradition.

Functional artifact assemblages consisting primarily of locally sourced flaked-stone and groundstone cobbles characterize the Foothills Tradition, while the Valley Tradition was generally characterized by diverse subsistence practices and extended periods of sedentism. Sites associated with later portions of the Middle Archaic are located near the project site include CA-SAC-107 and CABUT- 233, both of which produced elaborate material culture and diverse dietary and technological assemblages.

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Upper Archaic Period
This period is characterized by abrupt change to wetter and cooler environmental climate conditions. Much greater cultural diversity is evident from this period. More specialized artifacts, such as bone tools, ceremonial blades, polished and groundstone plummets, saucer and saddle Olivella shell beads, Haliotis shell ornaments, and a variety of groundstone implements are characteristic of this period.

Emergent Period
This period is most notably marked by the introduction of the bow and arrow, the emergence of social stratification linked to wealth, and more expansive trade networks signified by the presence of clam disk beads that were used as currency.

Ethnography
Prior to the arrival of Euro-Americans in the region, indigenous groups speaking more than 100 different languages and occupying a variety of ecological settings inhabited California. Researchers subdivided California into four subculture areas: Northwestern, Northeastern, Southern, and Central. When the first European explorers entered the regions between 1772 and 1821, an estimated 100,000 people, about one-third of the state’s native population lived in the Central Valley. At least seven distinct languages of Penutian stock were spoken among these populations: Wintu, Nomlaki, Konkow, River Patwin, Nisenan, Miwok, and Yokuts.

Common linguistic roots and similar cultural and technological characteristics indicate that these groups shared a long history of interaction. The Central area encompasses the current project site and includes the Nisenan or Southern Maidu. Ethnographically, the project site is in the southwestern portion of the territory occupied by the Penutian-speaking Nisenan. Nisenan inhabited the drainages of the Yuba, Bear, and American Rivers, and the lower reaches of the Feather River, extending from the east banks of the Sacramento River on the west to the mid- to high elevations of the western flank of the Sierra Nevada to the east. The territory extended from the area surrounding the current City of Oroville on the north to a few miles south of the American River in the south. The Sacramento River bounded the territory on the west, and in the east, it extended to a general area within a few miles of Lake Tahoe.

Regional History
Spanish sea explorer Juan Rodriguez Cabrillo, who was dispatched north by the Viceroy of New Spain to look for the Northwest Passage, was the first European to set foot in California in 1542. Cabrillo traveled to Catalina Island, San Pedro Bay, San Diego Bay, and the northern Channel Islands. Sebastian Vizcaino explored the coast up to Monterey in 1602, and the English explorer Francis Drake visited the Miwok Native American community at Drake's Bay or Bodega Bay in 1579. With the Spanish Portolá land expedition in 1769, Spanish missions, presidios, and pueblos were first established in California. After Mexico gained its independence in 1821, California was renamed Alta California, a Mexican province with Monterey as its capital. American trapper Jedediah Smith traversed this area in 1827.

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Project Site History
The project site is in the City of Rancho Cordova, which lies west of the Sierra Nevada Mountains within the foothills. After the discovery of gold at Coloma, immigrants began to pour into the Sierra Nevada foothills. In the spring of 1848, while enroute to Sutter’s Fort, two Mormon immigrants discovered gold near the confluence of the north and south forks of the American River at a site known as Mormon Island.

Virtually overnight, numerous mining camps sprang up on both sides of the American River to exploit the easily accessible placer gold deposits. Chief among them were Alabama Bar, Slate Bar, Sailor Bar, Bean’s Bar, Mississippi Bar, and Negro Bar. Mississippi Bar is two miles north of the project site on the northern side of the American River.

The project site lies within the 35,000-acre Rio de los Americanos land grant along the southern bank of the American River. The Mexican governor of Alta California issued it to William Leidesdorff in 1844. Leidesdorff was a San Francisco merchant who died in 1848. Joseph L. Folsom, a former U.S. Army captain who came to San Francisco during the Gold Rush, purchased the Rio de los Americanos land grant from Leidesdorff ’s estate.

Folsom founded the town of Granite City on the land grant. It was renamed Folsom after his death in 1855.

That same year the town was being laid out, and the Sacramento Valley Railroad was completed from Sacramento to Folsom in 1856. It facilitated shipment of goods from Sacramento to the mining areas to the east. The Sacramento Valley Railroad was acquired by the Southern Pacific Railroad in 1889.

After completion of the railroad from Sacramento to Folsom, Folsom became a transportation hub and supply center for gold miners heading east into the Sierra Nevada foothills. Stage and freight lines met the train and many commercial enterprises lined Sutter Street to supply the miners. A newspaper, the Folsom Telegraph, has been in continuous publication since 1856. Mills Crossing Station was situated along the railroad route from Sacramento to Folsom. It was constructed in 1911 in Mills, located in present-day Rancho Cordova. It served the local farming community and travelers on their way to the Sierra Nevada Mountains. The building consisted of a grocery store, tavern, and post office, and the second floor served as a place for grand social events such as balls and weddings.

Mining
The discovery of gold initiated the 1849 California Gold Rush, bringing thousands of miners and settlers to California and the Sierra Nevada foothills. Virtually overnight, numerous mining camps sprang up on both sides of the American River to exploit the easily accessible placer gold deposits. Federal mining acts of 1866 and 1872 allowed exploration for mineral deposits on public lands and provided a means for miners to acquire ownership of mines on public lands.

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CULTURAL RESOURCES

Mining is the dominant historical theme in the project site and in the surrounding lands. The region later known as the Folsom Mining District was extensively placer mined during the Gold Rush. The Folsom area was originally settled in 1849 by African American miners; by 1855, Chinese miners were reworking abandoned digs, and many of them were employed at various regional mines up through the 1880s. Initially, during the early 1850s, surface deposits (usually less than 3 feet deep) were placer mined through a series of small handdug excavations. The surface gravels were washed by pan or by higher-volume methods that employed rockers, long toms, and/or sluice boxes. These activities were often initially concentrated along drainages and swales.

Ground sluicing, a technique that uses water (not under pressure) to break down gold-bearing gravels, could have occurred any time from the 1850s until the turn of the 20th century. Low-pressure hydraulic mining took place at Rebel Hill, near Folsom, sometime between the mid-1850s and 1884.

The project site is within the boundaries of the American River Placer Mining District, which consists of smaller districts such as the Alder Creek Corridor Mining District, Prairie Diggings Mining District, and others.

The district includes thousands of acres of land that was subjected to placer mining by hand and mechanical methods using water from the south fork of the American River since gold was discovered in California in 1848. The American River Placer Mining District includes extensive diggings, mining camps, and canals and ditch systems, which encompass areas inland from the American River, including the project site.

By the early 1960s all profitable mining deposits in the area had been exploited, and mining activity in the project site ceased, leaving behind hundreds of acres of mining scars, tailings, and unwanted equipment. Slowly, where possible, nature began to reclaim the property. Folsom Dam was built in 1956, providing flood control and water rights for the Sacramento Valley and creating Folsom Lake, which attracted developers to construct homes and recreational facilities, enticing many residents and recreational visitors to the area.

5.3.2 Thresholds of Significance
CEQA Guidelines Section 15064.5 provides direction on determining significance of impacts to archaeological and historical resources. Generally, a resource shall be considered “historically significant” if the resource meets the criteria for listing on the California Register of Historical Resources:
 Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage;
 Is associated the with lives of persons important in our past;  Embodies the distinctive characteristics of a type, period, region or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or  Has yielded, or may be likely to yield, information important in prehistory or history. (PRC § 5024.1; 14 CCR § 4852)
The fact that a resource is not listed in the California Register of Historical Resources, not determined to be eligible for listing, or not included in a local register of historical resources does not preclude a lead agency from determining that it may be a historical resource.

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CULTURAL RESOURCES
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According to Appendix G of the CEQA Guidelines, a project would normally have a significant effect on the environment if the project would:

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

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

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

5.3.3 Plans, Programs, and Policies
The 2006 General Plan Environmental Impact Report
 Impact 4.11.1 deemed the disturbance of cultural resources, including prehistoric sites and human remains would be considered a potentially significant impact. The EIR proposed General Plan policies and action items as mitigation measures to minimize impacts; however, the EIR determined this impact to be significant and unavoidable due to uncertainty about avoiding or mitigating all impacts.  Impact 4.11.2 found that the adoption of the Rancho Cordova General Plan could result in the potential disturbance of paleontological resources. Implementation of the General Plan Action Item and Mitigation Measure MM 4.11.2 which would require conducting paleontological studies and identifying paleontological resources would ensure that potential paleontological resource impacts are mitigated to less than significant.  Impact 4.11.3 considered the General Plan and future development in the region could significantly disrupt cultural resources and human remains. The EIR proposed General Plan policies and action items; however, the EIR determined this impact would be significant and unavoidable due to uncertainty about avoiding or mitigating all significant impacts.
 Impact 4.11.4 found that development through the General Plan could potentially disturb paleontological resources, such as fossils and formations. Impact 4.11.4 applied Mitigation Measure 4.11.2 and proposed policies and action items to minimize impacts to less than cumulatively considerable.

5.3.4 Environmental Impacts

5.3.4.1 METHODOLOGY
Records Search
On January 17, 2023, a cultural resources records search was conducted for the project site at the North Central Information Center (NCIC) at the California State University, Sacramento. The research included a review of all recorded historic and prehistoric archaeological sites within 0.5 mile of the project site, as well as a review of known cultural resource surveys. In addition, ECORP examined the Built Environment Resource Directory, Archaeological Resources Directory, the National Register Information System, Office of Historic ITEM 11.1. ATTACHMENT 3

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Preservation, California Historical Landmarks, California Points of Historical Interest, Directory of Properties in the Historical Resources Inventory, and the California Points of Historical Interest (CPHI), various local historic registers, and historic maps.

Additional Research
In January 17, 2023, ECORP reviewed previous cultural resources studies conducted for the project site, online historic period maps and aerials and conducted additional research.

Field Survey
On February 15, 2023, ECORP examined the ground surface for indications of cultural resources and subsurface deposits but did not conduct subsurface investigations or artifact collections during the pedestrian survey.

5.3.4.2 IMPACT ANALYSIS
Impact 5.3-1: Development of the project could impact an identified historic resource. [Threshold C-1] According to ECORP, online research indicated that the project site is within the boundaries of the previously recorded American River Placer Mining District (P-34-335). The field surveys did not identify any features or artifacts associated with the District. The American River Placer Mining District is a Super District that includes thousands of acres of land subjected to placer mining using water from the South Fork of the American River in 1848. A portion of CA-SAC-308H (Chinese diggings only; not inside the current project site) has been evaluated as eligible for the National Register of Historic Places (NRHP). However no physical features of the District are within the project site and therefore the proposed project will not directly or indirectly alter the integrity of the characteristics of the District that make it significant.

ECORP states that the proposed project would not adversely affect districts (such as P-34-335), sites, highways, structures, or objects listed in or eligible for listing in the NRHP (40 CFR 1508.27(b)(8)). No other cultural resources would be affected by the proposed project. Under Section 106, the undertaking (issuance of a federal permit) would not directly or indirectly alter any of the characteristics of the historic property (P-34 335) that qualify the property for inclusion in the National Register by diminishing the integrity of the property’s location, design, setting, materials, workmanship, feeling, or association. Because there are no physical characteristics of the American River Placer Mining District within the Area of Potential Effect (APE), their integrity cannot be diminished (Appendix 5.3-1). Because the thresholds in 36 CFR 800.5(a)(1) have not been met, the project would not affect a historic property.

Currently, no structures exist on the project site, so no built structures on the project site would be demolished as part of the proposed project. Therefore, the proposed project would not impact historic resources; no impacts would occur.

Level of Significance Before Mitigation: Impact 5.3-1 would have no impact.

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Mitigation Measures
No mitigation measures are required.

Level of Significance After Mitigation: Impact 5.3-1 would have no impact.

Impact 5.3-2: Development of the project could impact archaeological resources. [Threshold C-2] Due to the presence of alluvium along the American River and given the likelihood of pre-contact archaeological sites along perennial waterways, there exists a low potential for buried pre-contact archaeological sites in the project site. While the aerial photographs and topographic maps depict structures on the property starting in the 1950s, the development of a shopping center in the 1960s and subsequent demolition of those buildings by 2009 removed any evidence of those structures. Additionally, structures constructed in urban areas after the 1940s had indoor plumbing and regular trash service, so the likelihood of buried deposits associated with structures constructed after that time is low. However there always remains the potential for grounddisturbing activities to expose previously unrecorded cultural and archeological resources. Therefore impacts would be potentially significant.

Level of Significance Before Mitigation: Impact 5.3-2 would be potentially significant Mitigation Measures
CUL-1 If subsurface deposits believed to be cultural or human in origin are discovered during construction, all work must halt within a 100-foot radius of the discovery. A qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric and historic archaeology, shall be retained to evaluate the significance of the find, and shall have the authority to modify the no-work radius as appropriate, using professional judgment. The following notifications shall apply, depending on the nature of the find:
 If the professional archaeologist determines that the find does not represent a cultural resource, work may resume immediately, and no agency notifications are required.  If the professional archaeologist determines that the find does represent a cultural resource from any time period or cultural affiliation, the archaeologist shall immediately notify the lead agencies. The agencies shall consult on a finding of eligibility and implement appropriate treatment measures, if the find is determined to be a Historical Resource under CEQA, as defined in Section 15064.5(a) of the CEQA Guidelines or a historic property under Section 106 NHPA, if applicable. Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the site either: 1) is not a Historical Resource under CEQA or a Historic Property under Section 106; or 2) that the treatment measures have been completed to their satisfaction.

Level of Significance After Mitigation: Impact 5.3-2 would be less than significant ITEM 11.1. ATTACHMENT 3

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Impact 5.3-3: Grading activities could potentially disturb human remains. [Threshold C-3] The project site is currently undeveloped and would require ground disturbing and construction activities in order to accommodate the proposed project. California Health and Safety Code, Section 7050.5; CEQA Section 15064.5; and Public Resources Code, Section 5097.98, mandate the process to be followed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery. Specifically, California Health and Safety Code, Section 7050.5, requires that if human remains are discovered on a project site, disturbance of the site shall remain halted until the coroner has conducted an investigation into the circumstances, manner, and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 the Public Resources Code. Impacts would be potentially significant.

Level of Significance Before Mitigation: Impact 5.5-3 would be potentially significant.

Mitigation Measures
CUL-2 If the find includes human remains, or remains that are potentially human, they shall ensure reasonable protection measures are taken to protect the discovery from disturbance (AB 2641).

The archaeologist shall notify the Sacramento County Coroner (per Section 7050.5 of the Health and Safety Code). The provisions of Section 7050.5 of the California Health and Safety Code, Section 5097.98 of the California PRC, and AB 2641 will be implemented. If the coroner determines the remains are Native American and not the result of a crime scene, the coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MLD) for the Project (Section 5097.98 of the PRC). The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (Section 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (Section 5097.98 of the PRC). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641). Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction.

Level of Significance After Mitigation: Impact 5.5-3 would be less than significant

5.3.5 Cumulative Impacts
The area considered for cumulative impacts to historic and archaeological resources is within a 0.5-mile radius of the project site, the same area as the records search. Other projects in the region could demolish or otherwise alter historical and archaeological resources. Other projects would be required to comply with CEQA ITEM 11.1. ATTACHMENT 3

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Guidelines Section 15064.5, which requires the lead agency to determine if discovered resources are unique or historically significant, and if so, to avoid or mitigate impacts to such resources in accordance with the provisions of PRC Section 21083.2.

5.3.6 Level of Significance Before Mitigation
Upon implementation of regulatory requirements and standard conditions of approval, some impacts would be less than significant: 5.3-1.

Without mitigation, these impacts would be potentially significant:
 Impact 5.3-2: The proposed project could impact archeological resources.  Impact 5.3-3:The proposed project could impact human remains.

5.3.7 Mitigation Measures
Impact 5.3-2
CUL-1 If subsurface deposits believed to be cultural or human in origin are discovered during construction, all work must halt within a 100-foot radius of the discovery. A qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric and historic archaeology, shall be retained to evaluate the significance of the find, and shall have the authority to modify the no-work radius as appropriate, using professional judgment. The following notifications shall apply, depending on the nature of the find:
 If the professional archaeologist determines that the find does not represent a cultural resource, work may resume immediately, and no agency notifications are required.  If the professional archaeologist determines that the find does represent a cultural resource from any time period or cultural affiliation, the archaeologist shall immediately notify the lead agencies. The agencies shall consult on a finding of eligibility and implement appropriate treatment measures, if the find is determined to be a Historical Resource under CEQA, as defined in Section 15064.5(a) of the CEQA Guidelines or a historic property under Section 106 NHPA, if applicable. Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the site either: 1) is not a Historical Resource under CEQA or a Historic Property under Section 106; or 2) that the treatment measures have been completed to their satisfaction.

Impact 5.3-2
CUL-2 If the find includes human remains, or remains that are potentially human, they shall ensure reasonable protection measures are taken to protect the discovery from disturbance (AB 2641).

The archaeologist shall notify the Sacramento County Coroner (per Section 7050.5 of the ITEM 11.1. ATTACHMENT 3

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Health and Safety Code). The provisions of Section 7050.5 of the California Health and Safety Code, Section 5097.98 of the California PRC, and AB 2641 will be implemented. If the coroner determines the remains are Native American and not the result of a crime scene, the coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MLD) for the Project (Section 5097.98 of the PRC). The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (Section 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (Section 5097.98 of the PRC). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641). Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction.

5.3.8 Level of Significance After Mitigation
With the implementation of Mitigation Measures CUL-1 and CUL-2, impacts would be less than significant.

5.3.9 References
ECORP. 2023, March. Archaeological Resources Inventory Report for the Mills Crossing Project. Appendix

5.3-1.

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5. Environmental Analysis
June 2024 Page 5.4-1

5.4 ENERGY
This section of the draft environmental impact report (DEIR) evaluates the potential for implementation of the Mills Crossing project (proposed project) to result in impacts related to the consumption of energy resources, in accordance with Appendices F and G of the CEQA guidelines. Additionally, this section identifies and analyzes the potential impacts associated with the installation of energy infrastructure, per the Utilities and Service Systems threshold. The analysis in this section is based in part on the following technical report(s):
 Air Quality & Greenhouse Gas Emissions Assessment for Mills Crossing, ECORP Consulting, Inc., June 2023  Energy Calculations for Mills Crossing, PlaceWorks, August 2023.

Complete copies of these reports are included in the technical appendices to this Draft EIR (Appendix 5.1-1 and Appendix 5.4-1, respectively).

A comment was received during the public review period for the Notice of Preparation (NOP) regarding this topic from the Sacramento Municipal Utility District (January 7, 2023). This comment is included in Appendix 2-2 and addressed in this section.

5.4.1 Environmental Setting
Section 21100(b)(3) of CEQA requires that an EIR include a detailed statement setting for the mitigation measures proposed to minimize significant effects on the environment, including but not limited to, measures to reduce the wasteful, inefficient, and unnecessary consumption of energy. Appendix F of the State CEQA Guidelines states that, in order to ensure that energy implications are considered in project decisions, an EIR should include a discussion of the potential energy impacts of proposed projects, with particular emphasis on avoiding or reducing inefficient, wasteful, and unnecessary consumption of energy.

In accordance with Appendix F and G of the State CEQA Guidelines, this EIR includes relevant information and analyses that address the energy implications of the proposed project and summarize its anticipated energy needs, impacts, and conservation measures. Information found herein, as well as related aspects of the proposed project’s energy implications, are discussed in greater detail elsewhere in this EIR, including Sections

5.1, Air Quality, 5.5, Greenhouse Gas Emissions, and 5.12, Transportation.

5.4.1.1 REGULATORY BACKGROUND
Federal Regulations
Federal Energy Policy and Conservation Act
The Energy Policy and Conservation Act of 1975 was established in response to the 1973 oil crisis. The act created the Strategic Petroleum Reserve, established vehicle fuel economy standards, and prohibited the export of U.S. crude oil (with a few limited exceptions). It also created Corporate Average Fuel Economy (CAFE) standards for passenger cars starting in model year 1978. The CAFE Standards are updated periodically to account for changes in vehicle technologies, driver behavior, and/or driving conditions.

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5. Environmental Analysis
ENERGY

The federal government issued new CAFE standards in 2012 for model years 2017 to 2025, which required a fleet average of 54.5 miles per gallon in 2025. In addition, on March 31, 2022, the National Highway Traffic Safety Administration finalized new fuel standards, which will increase fuel efficiency 8 percent annually for model years 2024 to 2025 and 10 percent annually for model year 2026. Overall, the new CAFE standards require a fleet average of 49 miles per gallon for passenger vehicles and light trucks for model year 2026, which will be a 10 miles per gallon increase relative to model year 2021 (NHTSA 2023).

Energy Independence and Security Act of 2007
The Energy Independence and Security Act of 2007 (Public Law 110-140) seeks to provide the nation with greater energy independence and security by increasing the production of clean renewable fuels; improving vehicle fuel economy; and increasing the efficiency of products, buildings, and vehicles. It also seeks to improve the energy performance of the federal government. The act sets increased CAFE Standards; the Renewable Fuel Standard; appliance energy efficiency standards; building energy efficiency standards; and accelerated research and development tasks on renewable energy sources (e.g., solar energy, geothermal energy, and marine and hydrokinetic renewable energy technologies), carbon capture, and sequestration (USEPA 2023).

Energy Policy Act of 2005
Passed by Congress in July 2005, the Energy Policy Act includes a comprehensive set of provisions to address energy issues. This Act includes tax incentives for energy conservation improvements in commercial and residential buildings, fossil fuel production and clean coal facilities, and construction and operation of nuclear power plants, among other things. Subsidies are also included for geothermal, wind energy, and other alternative energy producers.

National Energy Policy
Established in 2001 by the National Energy Policy Development Group, the National Energy Policy is designed to help the private sector and state and local governments promote dependable, affordable, and environmentally sound production and distribution of energy for the future. Key issues addressed by the energy policy are energy conservation, repair and expansion of energy infrastructure, and ways of increasing energy supplies while protecting the environment.

State Regulations
California Energy Commission
The California Energy Commission (CEC) was created in 1974 under the Warren-Alquist Act as the State’s principal energy planning organization in order to meet the energy challenges facing the state in response to the 1973 oil embargo. The CEC is charged with six basic responsibilities when designing state energy policy:
 Forecast statewide electricity needs.
 License power plants to meet those needs.
 Promote energy conservation and efficiency measures.
 Develop renewable energy resources and alternative energy technologies.

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 Promote research, development and demonstration.
 Plan for and direct the state’s response to energy emergencies.

California Public Utilities Commission
In September 2008, the California Public Utilities Commission (CPUC) adopted the Long-Term Energy Efficiency Strategic Plan, which provides a framework for energy efficiency in California through the year 2020 and beyond. It articulates a long-term vision, as well as goals for each economic sector, identifying specific nearterm, mid-term, and long-term strategies to assist in achieving these goals. This Plan sets forth the following four goals, known as Big Bold Energy Efficiency Strategies, to achieve significant reductions in energy demand:
 All new residential construction in California will be zero net energy by 2020;  All new commercial construction in California will be zero net energy by 2030;  Heating, ventilation, and air conditioning will be transformed to ensure that its energy performance is optimal for California’s climate; and
 All eligible low-income customers will be given the opportunity to participate in the low-income energy efficiency program by 2020.

With respect to the commercial sector, the Long-Term Energy Efficiency Strategic Plan notes that commercial buildings, which include schools, hospitals, and public buildings, consume more electricity than any other enduse sector in California. The commercial sector’s five billion-plus square feet of space accounts for 38 percent of the State’s power use and over 25 percent of natural gas consumption. Lighting, cooling, refrigeration, and ventilation account for 75 percent of all commercial electric use, while space heating, water heating, and cooking account for over 90 percent of gas use. In 2006, schools and colleges were in the top five facility types for electricity and gas consumption, accounting for approximately 10 percent of State’s electricity and gas use.

The CPUC and CEC have adopted the following goals to achieve zero net energy (ZNE) levels by 2030 in the commercial sector:
 Goal 1: New construction will increasingly embrace zero net energy performance (including clean, distributed generation), reaching 100 percent penetration of new starts in 2030.  Goal 2: 50 percent of existing buildings will be retrofit to zero net energy by 2030 through achievement of deep levels of energy efficiency and with the addition of clean distributed generation.  Goal 3: Transform the commercial lighting market through technological advancement and innovative utility initiatives.

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5. Environmental Analysis
ENERGY

Renewables Portfolio Standard
Senate Bills 1078, 107, X1-2, and Executive Order S-14-08 The California Renewables Portfolio Standard (RPS) Program was established in 2002 under Senate Bills (SB) 1078 (Sher) and 107 (Simitian). The RPS program requires investor-owned utilities, electric service providers, and community choice aggregators to increase the use of eligible renewable energy resources to 33 percent of total procurement by 2020. Initially under the RPS, certain retail sellers of electricity were required to increase the amount of renewable energy each year by at least 1 percent in order to reach at least 20 percent by December 30, 2010. Executive Order S-14-08 was signed in November 2008, which expanded the State’s Renewable Energy Standard to 33 percent renewable power by 2020. This standard was adopted by the legislature in 2011 (SB X1-2). The CPUC is required to provide quarterly progress reports on progress toward RPS goals. This has accelerated the development of renewable energy projects throughout the State. For year 2020, the three largest retail energy utilities provided an average of 43 percent of its supplies from renewable energy sources. Community choice aggregators provided an average of 41 percent of their supplies from renewable sources (CPUC 2021).

Senate Bill 350
Governor Jerry Brown signed SB 350 on October 7, 2015, establishing tiered increases to the RPS of 40 percent by 2024, 45 percent by 2027, and 50 percent by 2030. In addition, SB 350 includes the goal to double the energy efficiency savings in electricity and natural gas final end uses (such as heating, cooling, lighting, or class of energy uses upon which an energy efficiency program is focused) of retail customers through energy conservation and efficiency. The bill also requires the CPUC, in consultation with the CEC, to establish efficiency targets for electrical and gas corporations consistent with this goal. SB 350 also provides for the transformation of the California Independent System Operator into a regional organization to promote the development of regional electricity transmission markets in the western states and to improve the access of consumers served by the California Independent System Operator to those markets, pursuant to a specified process.

Senate Bill 100
On September 10, 2018, Governor Brown signed SB 100, which replaces the SB 350 requirements. Under SB 100, the RPS for public owned facilities and retail sellers consist of 44 percent renewable energy by 2024, 52 percent by 2027, and 60 percent by 2030. Additionally, SB 100 also established a new RPS requirement of 50 percent by 2026. Furthermore, the bill also establishes an overall State policy that eligible renewable energy resources and zero-carbon resources supply 100 percent of all retail sales of electricity to California end-use customers and 100 percent of electricity procured to serve all State agencies by December 31, 2045. Under the bill, the State cannot increase carbon emissions elsewhere in the western grid or allow resource shuffling to achieve the 100 percent carbon-free electricity target.

Senate Bill 1020
SB 1020 was signed into law on September 16, 2022. It requires renewable energy and zero-carbon resources to supply 90 percent of all retail electricity sales by 2035 and 95 percent by 2040. Additionally, SB 1020 requires ITEM 11.1. ATTACHMENT 3

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all state agencies to procure 100 percent of electricity from renewable energy and zero-carbon resources by 2035.

Appliance Efficiency Regulations
California’s Appliance Efficiency Regulations contain energy performance, energy design, water performance, and water design standards for appliances (including refrigerators, ice makers, vending machines, freezers, water heaters, fans, boilers, washing machines, dryers, air conditioners, pool equipment, and plumbing fittings) that are sold or offered for sale in California (California Code of Regulations Title 20, Parts 1600–1608). These standards are updated regularly to allow consideration of new energy efficiency technologies and methods (CEC 2017).

Title 24, Part 6, Energy Efficiency Standards
Energy conservation standards for new residential and non-residential buildings were adopted by the California Energy Resources Conservation and Development Commission (now the CEC) in June 1977 and most recently revised in 2019 (California Code of Regulations Title 24, Part 6). Title 24 requires the design of building shells and building components to conserve energy. The standards are updated periodically to allow for consideration and possible incorporation of new energy efficiency technologies and methods.

The 2019 Building Energy Efficiency Standards, which were adopted on May 9, 2018, went into effect starting January 1, 2020. The 2019 standards move toward cutting energy use in new homes by more than 50 percent and require installation of solar photovoltaic systems for single-family homes and multifamily buildings of three stories and less. The 2019 standards focus on four key areas: 1) smart residential photovoltaic systems; 2) updated thermal envelope standards (preventing heat transfer from the interior to exterior and vice versa); 3) residential and nonresidential ventilation requirements; 4) and nonresidential lighting requirements (CEC 2018a). Under the 2019 standards, nonresidential buildings are generally 30 percent more energy efficient compared to the 2016 standards, and single-family homes are generally 7 percent more energy efficient (CEC 2018b). When accounting for the electricity generated by the solar photovoltaic system, single-family homes would use 53 percent less energy compared to homes built to the 2016 standards (CEC 2018).

Furthermore, on August 11, 2021, the CEC adopted the 2022 Building Energy Efficiency Standards, which were subsequently approved by the California Building Standards Commission in December 2021. The 2022 standards became effective and replaced the 2019 standards on January 1, 2023. The 2022 standards require mixed-fuel single-family homes to be electric-ready to accommodate replacement of gas appliances with electric appliances. In addition, the new standards also include prescriptive photovoltaic system and battery requirements for high-rise, multifamily buildings (i.e., more than three stories) and noncommercial buildings such as hotels, offices, medical offices, restaurants, retail stores, schools, warehouses, theaters, and convention centers (CEC 2021).

Title 24, Part 11, Green Building Standards
On July 17, 2008, the California Building Standards Commission (CBSC) adopted the nation’s first green building standards. The California Green Building Standards Code (24 CCR, Part 11, known as “CALGreen”) ITEM 11.1. ATTACHMENT 3

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was adopted as part of the California Building Standards Code. It includes mandatory requirements for new residential and nonresidential buildings throughout California. CALGreen is intended to (1) reduce GHG emissions from buildings; (2) promote environmentally responsible, cost-effective, healthier places to live and work; (3) reduce energy and water consumption; and (4) respond to the directives by the governor. The mandatory provisions of CALGreen became effective January 1, 2011. The 2019 CALGreen standards became effective on January 1, 2020, while the 2022 CALGreen standards became effective on January 1, 2023.

Overall, the code is established to reduce construction waste, make buildings more efficient in the use of materials and energy, and reduce environmental impact during and after construction. CALGreen contains requirements for construction site selection, stormwater control during construction, construction waste reduction, indoor water use reduction, material selection, natural resource conservation, site irrigation conservation, and more. The code provides for design options allowing the designer to determine how best to achieve compliance for a given site or building condition. The code also requires building commissioning, which is a process for verifying that all building systems (e.g., heating and cooling equipment and lighting systems) are functioning at their maximum efficiency (CBSC 2019).

Title 13 Article 4.8, Chapter 9, Section 2449, General Requirements for In-Use Off-Road Diesel-Fueled Fleets
Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9 was adopted on May 2, 2008 and limits non-essential idling of fleets to no more than five consecutive minutes at any location. This idling restriction applies to all vehicles in California with a diesel-fueled or alternative diesel-fueled off-road engine, unless a waiver provides sufficient justification that such idling is necessary. The airborne toxic control measure helps reduce public exposure to oxides of nitrogen, diesel particulate matter, and other criteria pollutant emissions from off-road diesel-fueled vehicles and reduces unnecessary diesel fuel consumption.

Green Building Executive Order S-20-04
In 2004, Executive Order (EO) S-20-04 was signed by the Governor, committing the State to take aggressive action to reduce State building electricity usage by retrofitting, building, and operating the most energy- and resource-efficient buildings by taking all cost-effective measures described in the Green Building Action Plan for facilities owned, funded, or leased by the State and to encourage cities, counties, and schools to do the same.

It also calls for State agencies, departments, and other entities under the direct executive authority of the Governor to cooperate in taking measures to reduce grid-based energy purchases for State-owned buildings by 20 percent by 2015, through cost-effective efficiency measures and distributed generation technologies. These measures include, but are not limited to:
 Designing, constructing and operating all new and renovated State-owned facilities paid for with State funds as “LEED Silver” or higher certified buildings.
 Identifying the most appropriate financing and project delivery mechanisms to achieve these goals.

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 Seeking out office space leases in buildings with a U.S. Environmental Protection Agency (EPA) Energy Star rating.
 Purchasing or operating Energy Star electrical equipment whenever cost-effective.

Senate Bill 375
In 2008, SB 375, the Sustainable Communities and Climate Protection Act, was adopted to connect the GHG emissions reductions targets established in the 2008 Scoping Plan for the transportation sector to local land use decisions that affect travel behavior. Its intent was to reduce GHG emissions from light-duty trucks and automobiles (excludes emissions associated with goods movement) by aligning regional long-range transportation plans, investments, and housing allocations to local land use planning to reduce vehicle miles traveled (VMT) and vehicle trips. Specifically, SB 375 required the California Air Resources Board (CARB) to establish GHG emissions reduction targets for each of the 18 metropolitan planning organizations (MPOs).

The Sacramento Area Council of Governments (SACOG) is the MPO for the Sacramento region, which includes the City of Rancho Cordova. Pursuant to the recommendations of the Regional Transportation Advisory Committee (RTAC), CARB adopted per capita reduction targets for each of the MPOs rather than a total magnitude reduction target.

Executive Order N-79-20
On September 23, 2020, Executive Order N-79-20 was issued, which sets a time frame for the transition to zero-emissions (ZE) passenger vehicles and trucks in addition to off-road equipment. It directs CARB to develop and propose the following:
 Passenger vehicle and truck regulations requiring increasing volumes of new ZEVs (zero-emission vehicles) sold in the California toward the target of 100 percent of in-state sales by 2035.  Medium- and heavy-duty vehicle regulations requiring increasing volumes of new ZE trucks and buses sold and operated in California toward the target of 100 percent of the fleet transitioning to ZEVs by 2045 everywhere feasible, and for all drayage trucks to be ZE by 2035.  Strategies to achieve 100 percent zero emissions from all off-road vehicles and equipment operations in California by 2035, in cooperation with other State agencies, the EPA, and local air districts.

On August 25, 2022, CARB adopted the Advanced Clean Cars II (ACC II) regulations that codifies the EO goal of 100 percent of in-state sales of new passenger vehicles and trucks be ZE by 2035. Starting in year 2026, ACC II requires that 35 percent of new vehicles sold be ZE or plug-in hybrids.

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Local Regulations
City of Rancho Cordova Municipal Code
Chapter 16.26, Energy Code, of the City Municipal Code adopts the 2022 California Energy Code (24 CCR Part 6). Chapter 10.64, Trip Reduction Programs, of the Municipal Code requires employers in the city to obtain a trip reduction permit which is intended to reduce worker vehicle trips and fuel consumption.

City of Rancho Cordova General Plan
The City’s General Plan includes the following policies in the Air Quality Element that are relevant to reducing impacts related energy and fuel consumption:
 Policy AQ.2.1: Promote strategic land use patterns for businesses that reduce the number and length of motor vehicle trips and that encourage multiple forms of transportation for employees and patrons.  Policy AQ.2.2: Encourage mixed-use developments that put residences in close proximity to services, employment, transit, schools, and civic facilities/services.  Policy AQ.2.3: Encourage infill development as a way to reduce vehicle trips and improve air quality.  Policy AQ.3.2: Promote mass transit as an alternative to single-occupant motor vehicle travel.  Policy AQ.3.3: Involve local businesses in creating, maintaining, or promoting mass transit opportunities and reducing vehicle emissions.
 Policy AQ.3.4: Emphasize “demand management” strategies that seek to reduce single occupant vehicle use in order to achieve state and federal air quality plan objectives.  Policy AQ.4.1: Promote improved air quality benefits through energy conservation measures for new and existing development.
 Policy AQ.4.2: Support vehicle improvements and the use of clean vehicles that reduce emissions and improve air quality.
 Policy AQ.4.4: Support SMAQMD’s program of retrofitting construction equipment.

The Natural Resources Element includes the following policies relevant to energy consumption:
 Policy NR.7.1: Increase energy conservation Citywide.  Policy NR.7.2: Promote the development and use of advanced energy technology and building materials in Rancho Cordova.
 Policy NR.7.3: Encourage the development of energy efficient buildings and subdivisions.

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 Policy NR.7.4: Promote energy rebate programs offered by local energy providers (e.g., SMUD, PG&E) as a way to bring energy efficiency into older neighborhoods and developments.

5.4.1.2 EXISTING CONDITIONS
This section presents information on the energy providers for the study area and the existing energy demand of the project site. The study area for this section includes the project site, as well as the jurisdiction of the City of Rancho Cordova, and the service areas of energy providers.

Energy Providers
Sacramento Municipal Utility District
The Sacramento Municipal Utility District (SMUD) is the nation’s sixth largest community-owned, not-forprofit electric service. SMUD serves approximately 1.5 million customers in Sacramento County and would provide electric service to the proposed project. SMUD’s 2030 Zero Carbon Plan (ZCP) was approved by the SMUD Board in April 2021 which aims for carbon naturality by 2030. As seen in Table 2 of the ZCP, “SMUD’s 10-Year Planning Demand Forecast (GWh),” SMUD anticipates the electricity demand for its service area to be 11,747 gigawatt hours (GWh) by 2030. However, with implementation of the ZCP, SMUD expects this demand to be offset by increases in energy efficiency and rooftop solar, resulting in a reduction of 145 GWh.

The focus of the ZCP includes eliminating greenhouse gas emissions from SMUD power plants; expanding investment in proven clean technologies including solar, wind and geothermal energy and battery storage; launching pilot projects and programs to test and prove new and emerging technologies and develop paths for prioritizing technology adoption and scaling; and identifying savings and pursuing partnerships and grants that support the ZCP (SMUD 2021).

In 2022, SMUD offered five 100 percent renewable energy programs for residential and commercial customers.

SMUD’s general mix, according to its 2022 Power Content Label, consists of 23.7 percent eligible renewable,

25.4 percent large hydroelectric, 45.6 percent natural gas, 1.6 percent nuclear, and 3.7 percent other or unspecified (SMUD 2022). SMUD’s total energy generation fluctuates hourly and daily. For example, according to SMUD’s Current and Expected Energy Use live data tool, at noon on October 23, 2023, SMUD’s total energy was generated by 73 percent natural gas, 23 percent solar, and 3 percent large hydro (SMUD 2023).

Existing Energy Use and Infrastructure
Currently, there are no built structures on the project site and therefore no existing energy demands.

On January 7, 2023, SMUD submitted a letter in response to the Notice of Preparation for the proposed project. SMUD identified the following electrical infrastructure on the project site (see Appendix 2-1):
 Existing 69/12 kilovolt (kV) overhead and underground facilities south of Folsom Boulevard.  Existing 12 kV overhead and underground facilities on the project site.

Other aspects of this comment letter are addressed in the impact discussion below.

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5.4.2 Thresholds of Significance
According to Appendix G of the CEQA Guidelines, a project would normally have a significant effect on the environment if the project would:

E-1 Result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation.

E-2 Conflict with or obstruct a state or local plan for renewable energy or energy efficiency.

E-3 Require or result in the relocation or construction of new or expanded energy facilities, the construction or relocation of which could cause significant environmental effects.

5.4.3 Plans, Programs, and Policies
2006 General Plan EIR
The 2006 General Plan EIR determined that impacts associated with energy use and energy infrastructure as a result of development under the General Plan would be less than significant. As described in the 2006 EIR, development under the General Plan would be required to comply with CCR Title 24, which would minimize impacts with regard to inefficient, wasteful, and unnecessary consumption of energy. The 2006 EIR also noted that SMUD and PG&E did not anticipate any capacity shortages or problems in meeting the buildout demands associated with the Rancho Cordova General Plan. Impacts with regard to electrical infrastructure were determined to be less than significant.

5.4.4 Environmental Impacts

5.4.4.1 METHODOLOGY
Based on CEQA Guidelines Appendix F, to ensure energy implications are considered in project decisions, EIRs include a discussion of the potential impacts of proposed projects, with particular emphasis on avoiding or reducing wasteful, unnecessary, or inefficient use of energy resources. Environmental effects may include the proposed project’s energy requirements and its energy use efficiencies by amount and fuel type during construction and operation; the effects of the proposed project on peak- and base-period demands for electricity and other forms of energy; the degree to which the proposed project complies with existing energy standards; the effects of the proposed project on energy resources; the proposed project’s projected transportation energy use requirements; and its overall use of efficient transportation alternatives, if applicable.

The provided energy and fuel usage information provided in this section are based on the following criteria.  Energy: The CalEEMod default energy rates and mixed-fuel assumptions were utilized for the proposed project. It is anticipated that all uses onsite would be all-electric.  On-Road Vehicle Fuel Usage: Fuel usage associated with operation-related vehicle trips are based on fuel usage data obtained from EMFAC2021, Version 1.0.2.

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5.4.4.2 IMPACT ANALYSIS
Impact 5.4-1: Project construction and operation would not cause wasteful, inefficient, or unnecessary energy use. [Threshold E-1]
Short-Term Construction Impacts
Construction of the proposed project would create temporary increased demands for electricity and vehicle fuels compared to existing conditions and would result in short-term transportation-related energy use.

Electricity use during construction would vary during different phases of construction. Table 5.4-1, Construction Energy Consumption, summarizes the levels of energy consumption and worker/vendor VMT associated with the construction of the project by construction year. Construction of the proposed project would not require electricity to power most construction equipment. The majority of construction equipment during demolition and grading would be gas or diesel powered, and the later construction phases would primarily require electrical equipment for interior construction and architectural coatings. For the purposes of this analysis, construction equipment is assumed to use diesel, consistent with the default construction equipment identified in the proposed project’s CalEEMod model output (see Appendix 5.1-1).

An estimated 369,661 gallons of gasoline and 318,953 gallons of diesel fuel would be used during construction of the project (see Appendix 5.4-1). An estimated 95,492 kilowatt hours of electricity use would be associated with worker vehicle trips. As seen in Table 5.4-1, the proposed project is estimated to result in approximately

5.7 million VMT across all fuel types. Overall, the use of electricity would be temporary and would fluctuate according to the phase of construction; it would not represent wasteful or unnecessary use of electricity.

Table 5.4-1 Construction Energy Consumption
Year
Gasoline Diesel Electricity
VMT Gallons VMT Gallons VMT kWh
2024 52,733 2,027 110 41,842 1,998 732
2025 1,133,326 71,943 98,962 67,475 36,703 14,660
2026 1,304,514 114,575 116,361 70,015 47,666 19,269
2027 1,299,121 104,090 116,427 69,589 52,763 29,650
2028 1,268,890 77,027 114,707 70,032 56,673 31,181
Total 5,058,584 369,661 446,567 318,953 195,803 95,492
Source: Calculations by PlaceWorks (Appendix 5.1-1) using CalEEMod modeling data generated by ECORP (Appendix 5.1-1).

Note: Gasoline gallons include on-road gallons from worker and vendor trips. Diesel gallons include off-road equipment and on-road gallons from worker and vendor trips. Electricity usage includes on-road consumption from worker trips. kWh = kilowatt hours
The energy needs for project construction would be temporary and are not anticipated to require additional capacity or substantially increase peak or base period demands for electricity and other forms of energy.

Associated energy consumption would be typical of that associated with commercial and residential projects of this size in an urban setting. Automotive fuels would be consumed to transport people to and from the project site. Energy would be required for construction elements and to transport construction materials. The ITEM 11.1. ATTACHMENT 3

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one-time energy expenditure required to construct the physical infrastructure associated with the project would be nonrecoverable. There is no atypical construction related energy demand associated with the proposed project. Nonrenewable energy would not be consumed in a wasteful, inefficient, and unnecessary manner when compared to other construction activity in the region.

The proposed project would also be required to comply with several state regulations that would reduce energy and fuel consumption during construction. This includes Section 2449 of the California Code of Regulations Title 13, Article 4.8, Chapter 9 idling restrictions, which limit the amount of time for which diesel-fueled or alternative diesel-fueled off-road engines can idle. Additionally, state efforts to transition off-road vehicles toward zero-emissions under Executive Order N-79-20 would further reduce diesel and gasoline consumption of construction equipment and worker vehicles.

Long-Term Operation Impacts
Operation of the proposed project would create additional demands for electricity compared to existing conditions and would result in increased transportation energy use. Operational use of energy would include heating, cooling, and ventilation of buildings; water heating; operation of electrical systems, use of on-site equipment and appliances; and indoor, outdoor, and parking lot lighting.

Electrical Energy
Table 5.4-2, Project Annual Electricity Demand, shows the projected electricity demand of the proposed project buildings based on CalEEMod default electricity rates. The proposed project is anticipated to be all electric.

Additionally, all electricity would be provided by SMUD, which anticipates providing 100 percent renewable energy-sourced electricity by 2030 under its Zero Carbon Plan. However, as discussed in Section 5.4.1.2, Existing Conditions, SMUD’s current energy generation source is dominated by natural gas. Furthermore, the proposed project would be required to demonstrate compliance with the current CBSC and CALGreen standards, which would ensure efficient use of energy in project buildings. This includes design practices like orienting buildings with the long sides facing south and north and protecting buildings with landscape features to reduce thermal loss, compliant with Section A5.106, Site Development, of the 2022 CBSC. Therefore, proposed project buildings would not result in inefficient or wasteful electricity use during operation.

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Table 5.4-2 Project Annual Electricity Demand
CalEEMod Land Use Type1 Electricity (kWh/yr)
Medical Office Building 752,082
Library 165,539
Strip Mall 998,053
High Turnover (Sit Down Restaurant) 308,299
Condo/Townhouse 559,693
Unenclosed Parking with Elevator 366,340
Apartments Mid Rise 416,315
Total 5,058,584
Source: ECORP 2023 (Appendix 5.1-1). 1 Based on the default CalEEMod, v2020.4.0, electricity rates and mixed-fuel assumptions.

Transportation Energy
The proposed project would consume transportation energy during operations from the use of motor vehicles.

The efficiency, such as the average miles per gallon, of these motor vehicles is unknown. Estimates of transportation energy use are based on overall VMT and its associated transportation energy use. As seen in Table 5.4-3, Project Annual Operation-Related Fuel Usage, the annual VMT for the proposed project is estimated to be 10,565,798 miles. The proposed project is expected to generate 4,353 daily vehicle trips on a typical weekday (ECORP 2023). Additionally, as discussed in Section 8.6, Transportation, the proposed project has been screened from VMT analysis under the City of Rancho Cordova Transportation Impact Guidelines because it is within a ½ mile of the Sacramento Regional Transit Agency Gold Line. This indicates that the number of trips under the proposed project may be fewer than anticipated due to the project site’s proximity to a major transit stop.

The proposed project is therefore assumed to have a less-than-significant VMT impact.

Furthermore, the proposed project would be required to implement the Sacramento Metropolitan Air Quality Management District’s Tier 1, Best Management Practice that requires the proposed project to meet current CALGreen Tier 2 standards, specifically regarding the installation of electric-vehicle-capable spaces. This would further reduce gasoline and diesel fuel use. Thus, it is expected that operation-related fuel usage associated with the proposed project would not be any more inefficient, wasteful, or unnecessary than similar development projects.

Table 5.4-3 Project Annual Operation-Related Fuel Usage Gasoline Diesel Electricity Compressed Natural Gas
VMT Gallons VMT Gallons VMT kWh VMT Gallons
Passenger Vehicles 9,392,909 356,219 468,617 47,045 689,740 240,718 14,531 2,329 Source: EMFAC2021 v. 1.0.2. Annual VMT for project operations are based information found in Appendix 5.1-1.

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Summary
As described previously, the proposed project would be designed and constructed without natural gas infrastructure, and natural gas usage would be limited to only the operation-related fuel usage of the proposed project, as shown in Table 5.4-3. Electricity and liquid fuels use during construction and operation of the proposed project would not be considered inefficient, wasteful, or unnecessary. Therefore, impacts would be less than significant.

Level of Significance Before Mitigation: Impact 5.4-1 would be less than significant.

Mitigation Measures
No mitigation measures are required.

Level of Significance After Mitigation: Impact 5.4-1 would be less than significant.

Impact 5.4-2: The proposed project would not conflict with a State or local plan for renewable energy or energy efficiency. [Threshold E-2]
California Renewable Portfolio Standard Program
Electrical needs to the project site would be provided by SMUD. The statewide RPS requirements do not directly apply to individual development projects, but to utilities and energy providers such as SMUD, whose compliance RPS requirements would contribute to the state objective of transitioning to renewable energy.

SMUD obtains electricity from conventional and renewable sources throughout California. For example, according to SMUD’s Current and Expected Energy Use live data tool, total energy generation in the afternoon of October 23, 2023, SMUD’s total energy was generated by 73 percent natural gas, 23 percent solar, and 3 percent large hydro (SMUD 2023). As discussed above, by the proposed project’s anticipated operational year of 2029, the percentage of renewable energy generation is expected to be closer to 100 percent under SMUD’s 2030 Zero Carbon Plan. The project would also be required to adhere to applicable energy efficiency code requirements, including the 2022 CALGreen standards (24 CCR Part 11). The net increase in power demand associated with the proposed project is anticipated to be within the service capabilities of SMUD, as discussed below under Impact 5.4-3, and would not impede SMUD’s ability to implement California’s renewable energy goals. Therefore, the proposed project would not obstruct implementation of the California RPS Program.

Level of Significance Before Mitigation: Impact 5.4-2 would be less than significant.

Mitigation Measures
No mitigation measures are required.

Level of Significance After Mitigation: Impact 5.4-2 would be less than significant.

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Impact 5.4-3: The proposed project would not require the relocation or construction of new or expanded energy facilities that would result in significant environmental effects. [Threshold E-3] The proposed project would require electrical services totaling an estimated 5,058,584 kilowatt-hours per year, as described under Impact 5.4-1. This electricity consumption level is typical for projects of this size and represents a modest increase in electricity demand when considered in the context of SMUD’s service area. In addition, the proposed project would be required to comply with energy efficiency standards in Title 24 of the California Administrative Code and the Appliance Efficiency Regulations. The project would also comply with CALGreen requirements related to energy and water conservation. These measures would help to decrease electricity consumption and the proposed project’s demand on SMUD electrical infrastructure. The proposed project would be all-electric.

As discussed in Chapter 3, Project Description, the proposed project would adhere to SMUD’s specifications for the electrical infrastructure required under the proposed project. These potential electrical infrastructure improvements are a part of the proposed project and therefore are analyzed within the impact discussions of this DEIR. Therefore, the proposed project would not result in the relocation or construction of new or expanded energy infrastructure that would cause a significant environmental impact. Impacts would be less than significant.

Level of Significance Before Mitigation: Impact 5.4-3 would be less than significant.

Mitigation Measures
No mitigation measures are required.

Level of Significance After Mitigation: Impact 5.4-3 would be less than significant.

5.4.5 Cumulative Impacts
The area considered for cumulative impacts to electricity supplies is the service area of SMUD. Like the proposed project, other projects within SMUD’s service area would be required to comply with the Building Energy Efficiency Standards and CALGreen, which would contribute to minimizing wasteful energy consumption and promoting renewable energy sources. As discussed in impact discussion Impact 5.4-1, construction- and operation-related energy impacts caused by the proposed project would be less than significant and would not be considered inefficient, wasteful, or unnecessary. The proposed project would therefore not contribute to any cumulative energy impacts when considered together with cumulative development projects. Therefore, cumulative impacts would be less than significant, and project impacts would not be cumulatively considerable.

5.4.6 Level of Significance Before Mitigation
Upon implementation of regulatory requirements and standard conditions of approval, all impacts would be less than significant.

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5.4.7 Mitigation Measures
No mitigation measures are required.

5.4.8 Level of Significance After Mitigation
All impacts related to energy are less than significant.

5.4.9 References
California Building Standards Commission (CBSC). 2019. 2019 California Code of Regulations Title 24, Part

11. https://codes.iccsafe.org/content/CAGBSC2019/cover.

California Energy Commission (CEC). 2017. 2016 Appliance Efficiency Regulations. https://pdf4pro.com/cdn/2016-appliance-efficiency-regulations-5104f7.pdf. ———. 2018a, May 9. News Release: Energy Commission Adopts Standards Requiring Solar Systems for New Homes, First in Nation. https://www.energy.ca.gov/news/2018-05/energy-commission -adopts-standards-requiring-solar-systems-new-homes-first. ———. 2018b. 2019 Building Energy and Efficiency Standards Frequently Asked Questions. https://www.energy.ca.gov/sites/default/files/2020-03/Title_24_2019_Building _Standards_FAQ_ada.pdf.
———. 2021. Amendments to the Building Energy Efficiency Standards (2022 Energy Code) Draft Environmental Report. CEC-400-2021-077-D.

California Public Utilities Commission (CPUC). 2021. 2021 Padilla Report: Costs and Savings for the RPS Program (Public Utilities Code Section 913.3). https://www.cpuc.ca.gov/-/media/cpuc-website/ industries-and-topics/documents/energy/rps/2021-padilla-report_final.pdf.

ECORP Consulting Inc. (ECORP). 2023, June. Air Quality & Greenhouse Gas Emissions Assessment: Mills Crossing, Rancho Cordova, California. Appendix 5.1-1.

National Highway Traffic Safety Administration (NHTSA). 2023, August 1 (accessed). USDOT Announces New Vehicle Fuel Economy Standards for Model year 2024-2026. https://www.nhtsa.gov/ press-releases/usdot-announces-new-vehicle-fuel-economy-standards-model-year-2024-2026.

Pacific Gas and Electric Company (PG&E). 2023, August 1 (accessed). Company profile. https://www.pge.com/en_US/about-pge/company-information/profile/profile.page.

Rancho Cordova, City of. 2023, July. Climate Action and Adaptation Plan. https://www.cityofranchocordova.org/home/showpublisheddocument/18983.

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Sacramento Municipal Utility District (SMUD). 2021, April. 2030 Zero Carbon Plan. https://www.smud.org /-/media/Documents/Corporate/Environmental-Leadership/ZeroCarbon/2030-Zero-Carbon -Plan-Technical-Report.ashx
———. 2022. 2022 Power Content Label- Sacramento Municipal Utility District. https://www.smud.org/SMUDPCL.
———. 2023, October 23 (Accessed). “Current and expected energy use.” https://www.smud.org/en/ Corporate/Environmental-Leadership/Power-Sources/Current-and-expected-energy-use.

United States Environmental Protection Agency (USEPA). 2023, August 1 (accessed). Summary of the Energy Independence and Security Act Public Law 110-140. https://www.epa.gov/laws-regulations/ summary-energy-independence-and-security-act.

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5.5 GREENHOUSE GAS EMISSIONS
This section of the Draft Environmental Impact Report (DEIR) evaluates the potential for implementation of the proposed project to cumulatively contribute to greenhouse gas (GHG) emissions impacts. Because no single project is large enough to result in a measurable increase in global concentrations of GHG, climate change impacts of a project are considered on a cumulative basis.

The analysis in this section is based in part on the following technical report:
 Air Quality & Greenhouse Gas Emissions Assessment Mills Crossing, ECORP Consulting, Inc., June 2023.

A complete copy of this report is included in the technical appendices to this DEIR (Appendix 5.1-1).

Terminology
The following are definitions for terms used throughout this section.  Greenhouse gases (GHG). Gases in the atmosphere absorb infrared light, thereby retaining heat in the atmosphere and contributing to a greenhouse effect.
 Global warming potential (GWP). Metric used to describe how much heat a molecule of a GHG absorbs relative to a molecule of carbon dioxide (CO2) over a given period of time (20, 100, and 500 years). CO2 has a GWP of 1.
 Carbon dioxide equivalent (CO2e). The standard unit to measure the amount of GHGs in terms of the amount of CO2 that would cause the same amount of warming. CO2e is based on the GWP ratios between the various GHGs relative to CO2.
 MTCO2e. Metric ton of CO2e.
 MMTCO2e. Million metric tons of CO2e.

5.5.1 Environmental Setting

5.5.1.1 REGULATORY BACKGROUND
State Regulations
Executive Order S-3-05
Executive Order (EO) S-3-05, signed by Governor Arnold Schwarzenegger in 2005, proclaims that California is vulnerable to the impacts of climate change. It declares that increased temperatures could reduce the Sierra Nevada snowpack, further exacerbate California’s air quality problems, and potentially cause a rise in sea levels.

To combat those concerns, the EO established total GHG emission targets for the state. Specifically, emissions are to be reduced to the 2000 level by 2010, the 1990 level by 2020, and to 80 percent below the 1990 level by 2050.

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Assembly Bill 32 Climate Change Scoping Plan and Updates In 2006, the California legislature passed Assembly Bill (AB) 32 (Health and Safety Code Section 38500 et seq., or AB 32), also known as the Global Warming Solutions Act. AB 32 required the California Air Resources Board (CARB) to design and implement feasible and cost-effective emission limits, regulations, and other measures, such that statewide GHG emissions are reduced to 1990 levels by 2020 (representing a 25 percent reduction in emissions). Pursuant to AB 32, CARB adopted a Scoping Plan in December 2008, which outlined measures to meet the 2020 GHG reduction goals. California exceeded the target of reducing GHG emissions to 1990 levels by the year 2017.

The Scoping Plan is required by AB 32 to be updated at least every five years. The latest update, the 2017 Scoping Plan Update, addresses the 2030 target established by Senate Bill (SB) 32 as discussed below and establishes a proposed framework of action for California to meet a 40 percent reduction in GHG emissions by 2030 compared to 1990 levels. The key programs that the Scoping Plan Update builds on include increasing the use of renewable energy in the state, the Cap-and-Trade Regulation, the Low Carbon Fuel Standard, and reduction of methane emissions from agricultural and other wastes.

Senate Bill 32 and Assembly Bill 197 of 2016
In August 2016, Governor Brown signed SB 32 and AB 197, which serve to extend California’s GHG reduction programs beyond 2020. SB 32 amended the Health and Safety Code to include Section 38566, which contains language to authorize CARB to achieve a statewide GHG emission reduction of at least 40 percent below 1990 levels by no later than December 31, 2030.

Senate Bill X1-2 of 2011, Senate Bill 350 of 2015, and Senate Bill 100 of 2018 A major component of California’s Renewable Energy Program is the renewables portfolio standard established under Senate Bills 1078 (Sher) and 107 (Simitian). Under the Renewables Portfolio Standard (RPS), certain retail sellers of electricity were required to increase the amount of renewable energy each year by at least 1 percent to reach at least 20 percent by December 30, 2010. EO S-14-08, signed in November 2008, expanded the state’s renewable energy standard to 33 percent renewable power by 2020. This standard was adopted by the legislature in 2011 (SB X1-2). Renewable sources of electricity include wind, small hydropower, solar, geothermal, biomass, and biogas. The increase in renewable sources for electricity production decreases indirect GHG emissions from development projects because electricity production from renewable sources is generally considered carbon neutral.

Senate Bill 350 (de Leon) was signed into law in September 2015 and establishes tiered increases to the RPS— 40 percent by 2024, 45 percent by 2027, and 50 percent by 2030. SB 350 also set a new goal to double the energy-efficiency savings in electricity and natural gas through energy efficiency and conservation measures.

On September 10, 2018, Governor Brown signed SB 100. Under SB 100, the RPS for public-owned facilities and retail sellers consists of 44 percent renewable energy by 2024, 52 percent by 2027, and 60 percent by 2030.

SB 100 also established a new RPS requirement of 50 percent by 2026. Furthermore, the bill establishes an overall state policy that eligible renewable energy resources and zero-carbon resources supply 100 percent of ITEM 11.1. ATTACHMENT 3

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all retail sales of electricity to California end-use customers and 100 percent of electricity procured to serve all state agencies by December 31, 2045. Under the bill, the state cannot increase carbon emissions elsewhere in the western grid or allow resource shuffling to achieve the 100 percent carbon-free electricity target.

SB 1020 was signed into law on September 16, 2022. SB 1020 provides interim RPS targets (90 percent renewable energy by 2035 and 95 percent renewable energy by 2040) and requires renewable energy and zerocarbon resources to reach 100 percent clean electricity by 2045.

Senate Bill 375
The Sustainable Communities and Climate Protection Act of 2008, which became effective in January 2009, helps facilitate AB 32’s GHG reduction goals by addressing the emissions from passenger vehicles. The main objectives of the bill aim to reduce GHG emissions through extensive transportation, housing, and land use planning. SB 375 directs CARB to establish regional targets to reduce GHG emissions from passenger vehicle use. CARB administers 2035 targets for each of the regions throughout the state. The corresponding metropolitan planning organizations (MPOs) in each region are required to prepare and adopt a Sustainable Communities Strategy (SCS) that helps to adhere to the CARB administered targets. SCSs play a vital role in regional transportation plans by allowing transportation, land use, and housing strategies to align with the State’s GHG emission goals. Project plans that are consistent with their region’s SCS may be subject to a more streamlined California Environmental Quality Act (CEQA) process. 2022 Building Energy Efficiency Standards for Residential and Nonresidential Buildings The Building Energy Efficiency Standards (Energy Standards) were first adopted and put into effect in 1978 and have been updated periodically in the intervening years. These standards are a unique California asset that have placed the State on the forefront of energy efficiency, sustainability, energy independence, and climate change issues. The 2022 California Building Codes include provisions related to energy efficiency to reduce energy consumption and GHG emissions from buildings. Some of the key energy-efficiency components of the codes are:

1. Energy Performance Requirements: The codes specify minimum energy performance standards for the building envelope, lighting, heating and cooling systems, and other components.

2. Lighting Efficiency: The codes require that lighting systems meet minimum efficiency standards, such as the use of energy-efficient light bulbs and fixtures.

3. HVAC Systems: The codes establish requirements for heating, ventilation, and air conditioning (HVAC) systems, including the use of high-efficiency equipment, duct sealing, and controls.

4. Building Envelope: The codes include provisionsfor insulation, airsealing, glazing, and other building envelope components to reduce energy loss and improve indoor comfort.

5. Renewable Energy: The codes encourage the use of renewable energy systems, such as photovoltaic panels and wind turbines, to reduce dependence on nonrenewable energy sources.

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6. Commissioning: The codes require the commissioning of building energy systems to ensure that they are installed and operate correctly and efficiently.

Overall, the energy efficiency provisions of the 2022 California Building Codes aim to reduce the energy consumption of buildings, lower energy costs for building owners and occupants, and reduce the environmental impact of the built environment. The 2022 Building Energy Efficiency Standards improve on the 2019 Energy Standards for new construction of, and additions and alterations to, residential and nonresidential buildings.

The exact amount by which the 2022 Building Codes are more efficient compared to the 2019 Building Codes would depend on the specific provisions that have been updated and the specific building being considered.

However, in general, the 2022 Building Codes have been updated to include increased requirements for energy efficiency, such as higher insulation and air sealing standards, which are intended to result in more efficient buildings. The 2022 standards are a major step toward meeting Zero Net Energy.

Local Regulations
Sacramento MetropolitanAir Quality Management District
To provide guidance to local lead agencies on determining significance for GHG emissions in CEQA documents, the Sacramento Metropolitan Air Quality Management District (SMAQMD) has established operational GHG reduction thresholds as well as construction-related thresholds. The GHG targets and reduction recommendations made by the SMAQMD have taken into consideration reports and guidelines from various state agencies and organizations, such as the California Air Pollution Control Officers Association CEQA & Climate Change guidelines, the CARB Scoping Plan, the California Natural Resource Agency’s CEQA Guidelines, and other reputable sources. In February 2021, SMAQMD revised the Greenhouse Gas Emissions Chapter in their CEQA Guide.

SMAQMD has both construction and operational thresholds for GHG emissions in their CEQA Guide. Their construction thresholds establish a bright-line threshold of 1,100 metric tons per year. Similarly, SMAQMD recommends a comparison of a project’s annual operational GHG emissions to a significance threshold of 1,100 metric tons per year, though coupled with implementation of SMAQMD Tier 1 Best Management Practices (BMPs). Specifically, if a project’s annual operational GHG emissions are calculated to fall under 1,100 metric tons and the project implements all SMAQMD Tier 1 BMPs, GHG-related impacts would be less than significant. If the threshold is exceeded, or in the case the project does not implement the Tier 1 BMPs, then the project may have a cumulatively considerable contribution to a significant cumulative environmental impact.

The Tier 1 BMPs are:
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 BMP 2 – projectsshall meet the current CalGreen Tier 2 standards,1 except all electric vehicle capable spaces shall instead be electric vehicle ready.

If Tier 1 BMPs are not fully implemented, then emissions, including natural gas emissions, should be estimated and the project should mitigate any natural gas emissions and require all prewiring necessary so that the building is ready for a future retrofit to all-electric (e.g., such that electric space heating, water heating, drying, and cooking appliances could be installed). If emissions still exceed 1,100 metric tons of CO2e per year, then the project must implement SMAQMD’s Tier 2 BMP 3:
 Office projects must achieve a 15 percent reduction in vehicle miles traveled (VMT) per worker compared to the existing average VMT per capita for the county.
 Residential projects must achieve a 15 percent reduction in VMT per resident compared to the existing average VMT per capita in the county.
 Retail projects must achieve no net increase in total VMT.

If the project achieves BMP 3, then the operational impact is considered less than significant, and no further analysis is needed. If a project cannot incorporate the required BMPs, other reductions or purchasing and retiring GHG/carbon offsets from a registry approved by the SMAQMD may be required. Carbon offsets are instruments that can be bought, sold, and traded. Like a stock or equity that represents a unit of ownership in a company, a carbon offset represents a unit of GHG emissions reductions. Each offset is essentially a certification that a certain quantity of GHG emissions has been avoided, prevented, or sequestered. Offset registries that the SMAQMD may approve have developed a broad consensus around the standards that are necessary to ensure that offsets are environmentally sound, namely, that offsets be real, permanent, quantifiable, verifiable, enforceable, and additional. Approved registries may include, but are not limited to, any of the following: (i) the Climate Action Reserve, the American Carbon Registry and Verra, which are all approved by CARB; (ii) any entity approved at any time by CARB to act as an “offset project registry” under the state’s capand-trade program; (iii) other regulatory or voluntary credits that demonstrate, based on substantial evidence, that the offsets are real, permanent, quantifiable, verifiable, enforceable, and additional.

SacramentoArea Council of Government’s Metropolitan Transportation Plan/Sustainable Communities Strategy 2020
The Sacramento Area Council of Government’s (SACOG’s) Metropolitan Transportation Plan/Sustainable Communities Strategy 2020 (MTP/SCS) is the latest update of a long-range policy and planning program that establishes GHG emissions goals for automobiles and light-duty trucks for the year 2035, and thus establishes an overall GHG target for the region beyond 2020 applicable to these subsectors of the transportation sector.

CARB assigned SACOG a 19 percent GHG reduction target from 2005 levels by 2035. The GHG reduction target is the percentage reduction in passenger vehicle GHG emission per capita, compared to year 2005. This 1 CalGreen contains voluntary "Tier 1" and "Tier 2" standards that are not mandatory statewide but could be required by a City or County. These are 'reach' standards, related to energy efficiency, that can be adopted by local jurisdictions and may be incorporated as mandatory standards in future code cycles.

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change represents a reduction from just over 23 pounds per capita on a given weekday in 2005, to just under 19 pounds by 2035.

City of Rancho Cordova General Plan
The existing General Plan does not contain goals or policies directly aimed at reducing GHG emissions.

However, goals and policies in the Air Quality Element, Circulation Element, and Urban Design Element indirectly affect or reduce GHG generation by requiring or promoting alternative transit infrastructure as well as mixed-use and infill development.

Air Quality Element
 Policy AQ.2.1: Promote strategic land use patterns for businesses that reduce the number and length of motor vehicle trips and that encourage multiple forms of transportation for employees and patrons.  Policy AQ.2.2: Encourage mixed-use developments that put residences in close proximity to services, employment, transit, schools, and civic facilities/services.  Policy AQ.2.3: Encourage infill development as a way to reduce vehicle trips and improve air quality.

Circulation Element
 Policy C.2.2: Require bicycle and pedestrian connections to public transit systems at stops, stations, and terminals; carpool/vanpool park-and-ride lots; and activity centers (e.g., schools, community centers, medical facilities, senior residences, parks, employment centers, high-density residential areas, commercial centers).

Urban Design Element
 Policy UD.1.5: Encourage project compatibility, interdependence, and support with neighboring uses, especially between commercial and mixed-use centers and the surrounding residential neighborhoods. Uses should relate to one another with pedestrian connections, shared parking, landscaping, public spaces, and the orientation and design of buildings.
 Policy UD.3.3: Promote the incorporation of public spaces and pedestrian amenities into all commercial and mixed-use projects.
 Policy UD.4.3: Promote infill projects that are designed as catalysts for change in accordance with the desired character of the City.

5.5.1.2 EXISTING CONDITIONS
Certain gases in the earth’s atmosphere, classified as GHGs, play a critical role in determining the earth’s surface temperature. Solar radiation enters the earth’s atmosphere from space. A portion of the radiation is absorbed by the earth’s surface and a smaller portion of this radiation is reflected back toward space. This absorbed radiation is then emitted from the earth as low-frequency infrared radiation. The frequencies at which bodies ITEM 11.1. ATTACHMENT 3

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emit radiation are proportional to temperature. Because the earth has a much lower temperature than the sun, it emits lower-frequency radiation. Most solar radiation passes through GHGs; however, infrared radiation is absorbed by these gases. As a result, radiation that otherwise would have escaped back into space is instead trapped, resulting in a warming of the atmosphere. This phenomenon, known as the greenhouse effect, is responsible for maintaining a habitable climate on earth.

Prominent GHGs contributing to the greenhouse effect are CO2, methane (CH4), and nitrous oxide (N2O).

Fluorinated gases also make up a small fraction of the GHGs that contribute to climate change. Fluorinated gases include chlorofluorocarbons, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride; however, it is noted that these gases are not associated with typical land use development. Humancaused emissions of these GHGs in excess of natural ambient concentrations are believed to be responsible for intensifying the greenhouse effect and leading to a trend of unnatural warming of the earth’s climate, known as global climate change or global warming. It is “extremely likely” that more than half of the observed increase in global average surface temperature from 1951 to 2010 was caused by the anthropogenic increase in GHG concentrations and other anthropogenic factors together.

The primary GHGs attributed to global climate change include CO2, CH4, and N2O.  Carbon dioxide (CO2) is a colorless, odorless gas. CO2 is emitted in a number of ways, both naturally and through human activities. The largest source of CO2 emissions globally is the combustion of fossil fuels such as coal, oil, and gas in power plants, automobiles, industrial facilities, and other sources. A number of specialized industrial production processes and product uses such as mineral production, metal production, and the use of petroleum-based products can also lead to CO2 emissions. The atmospheric lifetime of CO2 is variable because it is so readily exchanged in the atmosphere.  Methane (CH4) is a colorless, odorless gas and is the major component of natural gas, about 87 percent by volume. It is also formed and released to the atmosphere by biological processes occurring in anaerobic environments. Methane is emitted from a variety of both human-related and natural sources. Humanrelated sources include fossil fuel production, animal husbandry (intestinal fermentation in livestock and manure management), rice cultivation, biomass burning, and waste management. These activities release significant quantities of CH4 to the atmosphere. Natural sources of CH4 include wetlands, gas hydrates, permafrost, termites, oceans, freshwater bodies, non-wetland soils, and other sources such as wildfires. The atmospheric lifetime of CH4 is about 12 years.
 Nitrous oxide (N2O) is a clear, colorless gas with a slightly sweet odor. Nitrous oxide is produced by both natural and human-related sources. Primary human-related sources of N2O are agricultural soil management, animal manure management, sewage treatment, mobile and stationary combustion of fossil fuels, adipic acid production, and nitric acid production. N2O is also produced naturally from a wide variety of biological sources in soil and water, particularly microbial action in wet tropical forests. The atmospheric lifetime of N2O is approximately 120 years.

Each GHG differs in its ability to absorb heat in the atmosphere based on the lifetime, or persistence, of the gas molecule in the atmosphere. CH4 traps over 25 times more heat per molecule than CO2, and N2O absorbs ITEM 11.1. ATTACHMENT 3

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298 times more heat per molecule than CO2. Often, estimates of GHG emissions are presented in CO2e, which weigh each gas by its GWP. Expressing GHG emissions in CO2e takes the contribution of all GHG emissions to the greenhouse effect and converts them to a single unit equivalent to the effect that would occur if only CO2 were being emitted.

Climate change is a global problem. GHGs are global pollutants, unlike criteria air pollutants and toxic air contaminants (TACs), which are pollutants of regional and local concern. Whereas pollutants with localized air quality effects have relatively short atmospheric lifetimes (about one day), GHGs have long atmospheric lifetimes (one to several thousand years). GHGs persist in the atmosphere for long enough time periods to be dispersed around the globe. Although the exact lifetime of any particular GHG molecule is dependent on multiple variables and cannot be pinpointed, it is understood that more CO2 is emitted into the atmosphere than is sequestered by ocean uptake, vegetation, or other forms. Of the total annual human-caused CO2 emissions, approximately 55 percent is sequestered through ocean and land uptakes every year, averaged over the last 50 years, whereas the remaining 45 percent of human-caused CO2 emissions remains stored in the atmosphere.

Sources of Greenhouse Gas Emissions
In 2022, CARB released the 2022 edition of the California GHG inventory covering calendar year 2020 emissions. In 2020, California emitted 369.2 million gross metric tons of CO2e, including from imported electricity. Combustion of fossil fuel in the transportation sector was the single largest source of California’s GHG emissions in 2020, accounting for approximately 38 percent of total GHG emissions in the state.

Continuing the downward trend from previous years, transportation emissions decreased 27 million metric tons of CO2e in 2020, though the intensity of this decrease was most likely from light duty vehicles after shelter-inplace orders were enacted in response to the COVID-19 pandemic. Emissions from the electricity sector account for 16 percent of the inventory and have remained at a similar level as in 2019 despite a 44 percent decrease in in-state hydropower generation (due to below average precipitation levels), which was more than compensated for by a 10 percent growth in in-state solar generation and cleaner imported electricity incentivized by California’s clean energy policies. California’s industrial sector accounts for the second-largest source of the state’s GHG emissions in 2020, accounting for 23 percent.

Currently, there are no built structures on the project site. The project site does not generate GHG emissions from natural gas used for energy, electricity usage, vehicle trips, and area sources such as landscaping or consumer cleaning products.

5.5.2 Thresholds of Significance
According to Appendix G of the CEQA Guidelines, a project would normally have a significant effect on the environment if the project would:

GHG-1 Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.

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GHG-2 Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

The CEQA Guidelines Appendix G thresholds for GHG emissions do not prescribe specific methodologies for performing an assessment, do not establish specific thresholds of significance, and do not mandate specific mitigation measures. Rather, the CEQA Guidelines emphasize the lead agency’s discretion to determine the appropriate methodologies and thresholds of significance consistent with the manner in which other impact areas are handled in CEQA. With respect to GHG emissions, the CEQA Guidelines Section 15064.4(a) states that lead agencies “shall make a good-faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate” GHG emissions resulting from a project. The CEQA Guidelines note that an agency has the discretion to either quantify a project’s GHG emissions or rely on a “qualitative analysis or other performance-based standards” (14 CCR 15064.4(b)). A lead agency may use a “model or methodology” to estimate GHG emissions and has the discretion to select the model or methodology it considers “most appropriate to enable decision makers to intelligently take into account the project’s incremental contribution to climate change” (14 CCR 15064.4(c)). CEQA Guidelines Section 15064.4(b) provides that the lead agency should consider the following when determining the significance of impacts from GHG emissions on the environment:

1. The extent a project may increase or reduce GHG emissions as compared to the existing environmental setting.

2. Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project.

3. The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions (14 CCR 15064.4(b)).

In addition, Section 15064.7(c) of the CEQA Guidelines specifies that “[w]hen adopting or using thresholds of significance, a lead agency may consider thresholds of significance previously adopted or recommended by other public agencies, or recommended by experts, provided the decision of the lead agency to adopt such thresholds is supported by substantial evidence” (14 CCR 15064.7(c)). The CEQA Guidelines also clarify that the effects of GHG emissions are cumulative and should be analyzed in the context of CEQA’s requirements for cumulative impact analysis (see CEQA Guidelines Section 15130). As a note, the CEQA Guidelines were amended in response to SB 97. In particular, the CEQA Guidelines were amended to specify that compliance with a GHG emissions reduction plan renders a cumulative impact insignificant.

According to CEQA Guidelines Section 15064(h)(3), a project’s incremental contribution to a cumulative impact can be found not cumulatively considerable if the project would comply with an approved plan or mitigation program that provides specific requirements that would avoid or substantially lessen the cumulative problem in the geographic area of the project. To qualify, such plans or programs must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process to implement, interpret, or make specific the law enforced or administered by the public agency. Examples of such programs include a “water quality control plan, air quality attainment or maintenance plan, integrated ITEM 11.1. ATTACHMENT 3

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waste management plan, habitat conservation plan, natural community conservation plans [and] plans or regulations for the reduction of greenhouse gas emissions.” Put another way, CEQA Guidelines Section 15064(h)(3) allows a lead agency to make a finding of less than significant for GHG emissions if a project complies with adopted programs, plans, policies, and/or other regulatory strategies to reduce GHG emissions.

The local air quality agency regulating the Sacramento Valley Air Basin (SVAB) is the SMAQMD, the regional air pollution control officer for the basin. As previously stated, to provide guidance to local lead agencies on determining significance for GHG emissions in CEQA documents, SMAQMD has set thresholds and required BMPs to implement throughout the project construction and operations. The numeric bright-line thresholds and BMPs described in Section 5.5.1.1, Regulatory Background, under Local Regulations, Sacramento Metropolitan Air Quality Management District, were developed to be consistent with CEQA requirements for developing significance thresholds, are supported by substantial evidence, and provide guidance to CEQA practitioners and lead agencies with regard to determining whether GHG emissions from a proposed project are significant.

The significance of the proposed project’s GHG emissions is evaluated consistent with CEQA Guidelines Section 15064.4(b)(2) by considering whether the proposed project complies with applicable plans, policies, regulations, and requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions. The City of Rancho Cordova may set a project-specific threshold based on the context of each particular project, including using the SMAQMD expert recommendation. For the proposed project, SMAQMD’s 1,100 metric tons of CO2e per year threshold and implementation of SMAQMD BMPs are used as the significance threshold for the proposed project. Additionally, the proposed project is assessed for consistency with SACOG’s MTP/SCS. As previously described, the MTP/SCS is the latest update of a long-range policy and planning program that establishes GHG emissions goals for automobiles and light-duty trucks for the year 2035, and thus establishes an overall GHG target for the region beyond 2020 applicable to these subsectors of the transportation sector. CARB assigned SACOG a 19 percent GHG reduction target from 2005 levels by 2035.

5.5.3 Plans, Programs, and Policies
The 2006 General Plan Environmental Impact Report
In 2007, SB 97, CEQA: Greenhouse Gas Emissions, required the Governor’s Office of Research and Planning to adopt amendments to the CEQA Guidelines that require the analysis and mitigation of GHGs, as discussed under Section 5.5.2, Thresholds of Significance. These amendments became effective on March 18, 2010. As such, the City’s 2006 General Plan EIR does not include an analysis of GHGs. See Chapter 5.1, Air Quality, for a summary of the 2006 EIR’s impacts on air quality.

Folsom Boulevard Specific Plan
The proposed project is in the Mather Mills Opportunity Site, where the Specific Plan highlights the advantage of being near a light rail station. The proximity to this light rail station would help reduce vehicle trips and help improve air quality. The Mather Mills Opportunity Site is characterized as a compact, urban, and walkable environment for commercial and residential use. Creating mixed sites that are within walking distance of a light rail station reduces the amount of vehicle trips and thus reduces the amount of GHG emissions.

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5.5.4 Environmental Impacts

5.5.4.1 METHODOLOGY
GHG impacts were assessed in accordance with methodologies recommended by the SMAQMD. Where GHG emission quantification was required, emissions were modeled using the CalEEMod software, version 2022.1.

CalEEMod is a statewide land use emissions computer model designed to quantify potential GHG emissions associated with both construction and operations from a variety of land use projects. The project site’s construction phase generated GHG emissions were calculated primarily using CalEEMod model defaults for Sacramento County, though the timing of construction was adjusted to reflect the anticipated construction schedule of 2024 through 2029. Operational GHG emissions were based on the land use mix identified in Appendix 5.1-1 and traffic trip generation rates provided by Nelson/Nygaard. Two design features attributable to the proposed project are accounted for in the emissions modeling calculations, specifically the proposed project’s proximity to transit and its number of affordable/below-market residential units.

5.5.4.2 IMPACT ANALYSIS
Impact 5.5-1: The proposed project would generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. [Threshold GHG-1] Construction
Construction-related activities that would generate GHG emissions include worker commute trips, haul trucks carrying supplies and materials to and from the project site, and off-road construction equipment (e.g., dozers, loaders, excavators). Table 5.5-1, Construction-Related Greenhouse Gas Emissions, illustrates the specific construction generated GHG emissions that would result from construction of the proposed project. Once construction is complete, the generation of these GHG emissions will cease.

Table 5.5-1 Construction-Related Greenhouse Gas Emissions Emissions Source CO2e (Metric Tons/ Year)
Calendar Year One 499
Calendar Year Two 890
Calendar Year Three 973
Calendar Year Four 963
Calendar Year Five 939
SMAQMD Annual Construction Significance Threshold 1,100 Exceeds SMAQMD Threshold? No
Source: ECORP 2023 (Appendix 5.1-1)
As shown in Table 5.5-1, the proposed project’s construction would result in the maximum generation of 973 metric tons of CO2e over the third calendar year of construction, which is below the SMAQMD significance threshold. Once construction is complete, the generation of these GHG emissions will cease.

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Operation
Operation of the proposed project would result in an increase in GHG emissions primarily associated with motor vehicle trips and on-site energy sources. Long-term operational GHG emissions attributed to the proposed project are identified in Table 5.5-2, Operational-Related Greenhouse Gas Emissions.

As previously described, SMAQMD specifies that all projects must adhere to the Tier 1 BMP requirements to be considered less than significant. To ensure compliance with the SMAQMD guidelines, this proposed project is subject to Mitigation Measure GHG-1 (see below), which will ensure that Tier 1 BMPs are implemented. The long-term operational GHG emissions identified in Table 5.5-2 account for SMAQMD Tier 1 BMP 1, which requires that all development be designed and constructed without natural gas infrastructure. Due to limitations in the modeling software, GHG reductions resulting from Tier 1 BMP 2, which requires projects to meet the current CalGreen Tier 2 standards with the exception that all electric vehicle capable spaces be electric vehicle ready, are unable to be quantified.

Table 5.5-2 Operational-Related Greenhouse Gas Emissions Emissions Source CO2e (Metric Tons/ Year)
Area 8
Energy 608
Mobile 5,136
Waste 190
Refrigeration 2
Total 5,963
SMAQMD Annual Construction Significance Threshold 1,100 Exceeds SMAQMD Threshold? Yes
Source: ECORP 2023 (Appendix 5.1-1)
Notes: Emission projections are predominately based on the land use mix identified in Appendix 5.1-1 and traffic trip generation rates from Nelson/Nygaard (2023).

SMAQMD Tier 1 BMP 1, which requires that all development be designed and constructed without natural gas infrastructure, is included in the modeling calculations per Mitigation Measure GHG-1.

As shown in Table 5.5-2, the proposed project’s operational GHG emissions would be approximately 5,963 metric tons of CO2e per year, which exceeds the SMAQMD significance threshold of 1,100 metric tons of CO2e per year. Projects that exceed 1,100 metric tons of CO2e per year after implementation of the Tier 1 BMPs must also implement SMAQMD Tier 2 BMPs. As previously discussed, the SMAQMD’s Tier 2 BMP are as follows:
 Office projects must achieve a 15 percent reduction in VMT per worker compared to the existing average VMT per capita for the county.
 Residential projects must achieve a 15 percent reduction in VMT per resident compared to the existing average VMT per capita in the county.
 Retail projects must achieve no net increase in total VMT.

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If the proposed project achieves this SMAQMD Tier 2 BMP, then the operational impact is considered less than significant, and no further analysis is needed. If a project site cannot incorporate the required BMPs, other reductions or purchasing and retiring GHG/carbon offsets from a registry approved by the SMAQMD may be required, as listed in Mitigation Measure GHG-2. Carbon offsets are instruments that can be bought, sold, and traded. Like a stock or equity that represents a unit of ownership in a company, a carbon offset represents a unit of GHG emissions reductions. Each offset is essentially a certification that a certain quantity of GHG emissions has been avoided, prevented, or sequestered. Offset registries that the SMAQMD may approve have developed a broad consensus around the standards that are necessary to ensure that offsets are environmentally sound, namely that offsets be real, permanent, quantifiable, verifiable, enforceable, and additional.

Level of Significance Before Mitigation: Impact 5.5-1 could be potentially significant.

Mitigation Measures
GHG-1 Implement SMAQMD Tier 1 Best Management Practices. The implementing agency will require the proposed project to implement Sacramento Metropolitan Air Quality Management District Tier 1 Best Management Practices:
 BMP 1: projects shall be designed and constructed without natural gas infrastructure.  BMP 2: projects shall meet the current CalGreen Tier 2 standards, except all electric vehicle capable spaces shall instead be electric vehicle ready.

GHG-2 Implement SMAQMD Tier 2 Best Management Practices. The implementing agency will require the proposed project to implement Sacramento Metropolitan Air Quality Management District Tier 2 Best Management Practices:
 BMP 3: The project applicant shall coordinate with the City of Rancho Cordova to implement feasible transportation demand management (TDM) strategies, which would decrease the vehicle miles traveled generated by the proposed project as follows:
• The project community office space component must achieve a 15 percent reduction in VMT per worker compared to the existing average VMT per capita for Sacramento County.
• The project residential component must achieve a 15 percent reduction in VMT per resident compared to the existing average VMT per capita in Sacramento County. • The project retail component must achieve no net increase in total VMT.

Examples of potential measures include (but are not limited to): paid parking, employee telecommuting, employee shuttle service, expansion of transit service coverage/subsidized transit fares, enhanced bicycle and pedestrian connections, and flexible work schedules.

In the case that the necessary VMT reductions are infeasible, the purchasing and retiring GHG/carbon offsets from a SMAQMD-approved registry is required. Approved registries may include, but are not limited to, any of the following: (i) the Climate Action Reserve, the ITEM 11.1. ATTACHMENT 3

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American Carbon Registry and Verra; (ii) any entity approved at any time by the California Air Resources Board to act as an “offset project registry” under the state’s cap-and-trade program; (iii) other regulatory or voluntary credits that demonstrate, based on substantial evidence, that the offsets are real, permanent, quantifiable, verifiable, enforceable, and additional.

Level of Significance After Mitigation: Impact 5.5-1 would be less than significant.

Impact 5.5-2: The proposed project would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases. [Threshold GHG-2] SACOG’s MTP/SCS establishes GHG emissions goals for automobiles and light-duty trucks. As shown in Table 5.5-2, GHG emissions resulting from project-related transportation sources are one of the most potent sources of emissions, and therefore comparison to the MTP/SCS is an appropriate indicator of whether the project site is consistent with the MTP/SCS. Since the development site is classified as a “Center and Corridor Community” in the MTP/SCS, it is included in an area where urban development is predicted by SACOG.

According to the MTP/SCS, land uses in Center and Corridor Communities are typically higher density and more mixed than surrounding land uses. Centers and Corridors are identified in local plans as historic downtowns, main streets, suburban or urban commercial corridors, rail station areas, central business districts, or town centers. They typically have more compact development patterns, a greater mix of uses, and a wider variety of transportation infrastructure compared to the communities surrounding them. Some have frequent transit service, either bus or rail, and all have pedestrian and bicycling infrastructure that is more supportive of walking and bicycling than other Community Types. The proposed project is consistent with the “Center and Corridor Community” classification in the MTP/SCS, and it can be assumed that regional mobile emissions will decrease in line with the goals of the MTP/SCS with implementation of the future development in the project site.

Level of Significance Before Mitigation: Impact 5.5-2 would be less than significant.

Mitigation Measures
No mitigation measures are required.

Level of Significance After Mitigation: Impact 5.5-2 would be less than significant.

5.5.5 Cumulative Impacts
As described in Section 5.5.4, GHG emission impacts are inherently cumulative and therefore the analysis under Impacts 5.5-1 and 5.5-2 describes the cumulative impacts of the proposed project. These impacts would include the increase of GHGs from construction and operation of the proposed project. The proposed project would not have a significant impact on the environment with mitigation measures in place and would have a less-thansignificant impact on GHGs. The applied mitigation measures implement SMAQMD best management practices, which works to reduce natural gas infrastructure and reduce VMT. Impacts would have a less-thansignificant impact in regard to applicable plans related to GHGs.

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5.5.6 Level of Significance Before Mitigation
After implementation of regulatory requirements and standard conditions of approval, some impacts would be less than significant: Impact 5.5-2.

Without mitigation, these impacts would be potentially significant:
 Impact 5.5-1: The proposed project would generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.

5.5.7 Mitigation Measures
Impact 5.5-1
GHG-1 Implement SMAQMD Tier 1 Best Management Practices. The implementing agency will require the proposed project to implement Sacramento Metropolitan Air Quality Management District Tier 1 Best Management Practices:
 BMP 1: projects shall be designed and constructed without natural gas infrastructure.  BMP 2: projects shall meet the current CalGreen Tier 2 standards, except all electric vehicle capable spaces shall instead be electric vehicle ready.

GHG-2 Implement SMAQMD Tier 2 Best Management Practices. The implementing agency will require the proposed project to implement Sacramento Metropolitan Air Quality Management District Tier 2 Best Management Practices:
 BMP 3: The project applicant shall coordinate with the City of Rancho Cordova to implement feasible transportation demand management (TDM) strategies, which would decrease the vehicle miles traveled generated by the proposed project as follows:
• The project office space component must achieve a 15 percent reduction in VMT per worker compared to the existing average VMT per capita for Sacramento County. • The project residential component must achieve a 15 percent reduction in VMT per resident compared to the existing average VMT per capita in Sacramento County. • The project retail component must achieve no net increase in total VMT.

5.5.8 Level of Significance After Mitigation
After implementation of mitigation measures, impacts would be less than significant.

5.5.9 References
ECORP Consulting Inc. (ECORP). 2023, June. Air Quality & Greenhouse Gas Emissions Assessment- Mills Crossing, Rancho Cordova, California. Appendix 5.1-1 to this DEIR.

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5.6 HAZARDS AND HAZARDOUS MATERIALS
This section of the Draft Environmental Impact Report (DEIR) evaluates the potential for implementation of the proposed Mills Crossing project on human health and the environment due to exposure to hazardous materials or conditions associated with the project site, project construction, and project operations.

The analysis in this section is based in part on the following technical report(s):
 Site Cleanup Plan, Former Lily Company Property, Tetra Tech, Inc., March 16, 2023.  Site Cleanup Plan Addendum, Former Lily Company Property, Tetra Tech, Inc., August 30, 2023.  Sewer Line Removal and Soil Excavation and Backfill, Tetra Tech, Inc., November 1, 2023.

Complete copies of these technical reports are included as Appendices 5.6-1, 5.6-2, and 5.6-3, respectively, to this DEIR.

5.6.1 Environmental Setting

5.6.1.1 REGULATORY BACKGROUND
Federal Regulations
Emergency Planning Community Right-to-Know Act
The Emergency Planning Community Right-to-Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA), was enacted in October 1986. This law requires any infrastructure at the state and local levels to plan for chemical emergencies. Reported information is then made publicly available so that interested parties may become informed about potentially dangerous chemicals in their communities. EPCRA Sections 301 through 312 are administered by the U.S. Environmental Protection Agency’s (EPA) Office of Emergency Management. The EPA’s Office of Information Analysis and Access implements the EPCRA Section 313 program. In California, SARA Title III is implemented through the California Accidental Release Prevention program.

Comprehensive Environmental Response, Compensation, and Liability Information System The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) was developed to protect water, air, and land resources from the risks created by past chemical disposal practices.

Under CERCLA, the EPA maintains a list, known as the Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS), of all contaminated sites in the nation that have in the past or are currently undergoing cleanup activities. CERCLIS contains information on current hazardous waste sites, potential hazardous waste sites, and remedial activities. This includes sites that are on the National Priorities List (NPL) or being considered for the NPL (“Superfund”).

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Hazardous Materials Transportation Act
The transportation of hazardous materials is regulated by the Hazardous Materials Transportation Act, which is administered by the Research and Special Programs Administration of the U.S. Department of Transportation (DOT). The act provides DOT with a broad mandate to regulate the transport of hazardous materials, with the purpose of adequately protecting the nation against risk to life and property that is inherent in the commercial transportation of hazardous materials. The Hazardous Materials Transportation Act governs the safe transportation of hazardous materials by all modes, excluding bulk transportation by water. DOT regulations that govern the transportation of hazardous materials apply to any person who transports, ships, causes to be transported or shipped, or is involved in any way with the manufacture or testing of hazardous materials packaging or containers. DOT regulations on the actual movement of hazardous materials govern every aspect of the movement, including packaging, handling, labeling, marking, placarding, operational standards, and highway routing.

Occupational Safety and Health Act
The Occupational Safety and Health Act of 1970 authorizes each state (including California) to establish its own safety and health programs with the U.S. Department of Labor, Occupational Safety and Health Administration’s (OSHA) approval. The California Department of Industrial Relations regulates implementation of worker health and safety in California.

Resource Conservation and Recovery Act of 1976, as amended by the Hazardous and Solid Waste Amendments of 1984
The Resource Conservation and Recovery Act (RCRA) establishes a framework for national programs to achieve environmentally sound management of both hazardous and nonhazardous wastes. RCRA was designed to protect human health and the environment, reduce or eliminate the generation of hazardous waste, and conserve energy and natural resources. RCRA also promotes resource recovery techniques. A waste can legally be considered hazardous if it is classified as ignitable, corrosive, reactive, or toxic. Under RCRA, the EPA regulates hazardous waste from the time that the waste is generated until its final disposal (“cradle to grave”).

The Hazardous and Solid Waste Amendments of 1984 expanded the scope of RCRA and increased the level of detail in many of its provisions. The Hazardous Waste Management subchapter of RCRA deals with a variety of issues regarding the management of hazardous materials, including the export of hazardous waste, state programs, inspections of hazardous waste disposal facilities, enforcement, and the identification and listing of hazardous waste.

Federal Response Plan
The Federal Response Plan of 1999 is a signed agreement among 27 federal departments and agencies, including the American Red Cross, that: 1) provides the mechanism for coordinating the delivery of federal assistance and resources to augment efforts of state and local governments overwhelmed by a major disaster or emergency; 2) supports implementation of the Robert T. Stafford Disaster Relief and Emergency Act, as well as individual agency statutory authorities; and 3) supplements other federal emergency operations plans developed to address specific hazards. The Federal Response Plan is implemented in anticipation of a significant ITEM 11.1. ATTACHMENT 3

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event likely to result in a need for federal assistance or in response to an actual event requiring federal assistance under a Presidential declaration of a major disaster or emergency.

Disaster Mitigation Act of 2000
The Disaster Mitigation Act of 2000 requires state and local governments to prepare mitigation plans that identify hazards, potential losses, mitigation needs, goals, and strategies. It is intended to facilitate cooperation between state and local governments.

Pipeline Safety Improvement Act of 2002
The Pipeline Safety Improvement Act mandates that the DOT, Department of Energy, and National Institute of Standards and Technology in the Department of Commerce carry out a program of research, development, demonstration, and standardization to ensure the integrity of pipeline facilities (US DOT 2002). The purpose of the Research and Design Program is to identify safety and integrity issues and develop methodologies and technologies to characterize, detect, and manage risks associated with natural gas and hazardous liquid pipelines.

Pipeline Inspection, Enforcement, and Protection Act of 2006 The Pipeline Inspection, Enforcement, and Protection Act confirms the commitment to the Integrity Management Program and other programs enacted in the Pipeline Safety Improvement Act of 2002. The 2006 legislation includes provisions on:
 Preventing excavation damage to pipelines through the enhanced use and improved enforcement of State “One-Call” laws that preclude excavators from digging until they contact the State One-Call system to locate the underground pipelines.
 Minimum standards for Integrity Management Programs for distribution pipelines (including installation of excess flow valves on single-family residential service lines based on feasibility and risk).  Standards for managing gas and hazardous liquid pipelines to reduce risks associated with human factors (e.g., fatigue).
 Authority for the Secretary to waive safety standards in emergencies.  Authority for the Secretary to assist in restoration of disrupted pipeline operations.  Review and update incident reporting requirements.
 Requirements for senior executive officers to certify operator integrity management performance reports.  Clarification of jurisdiction between states and Pipeline and Hazard Safety Administration for short laterals that feed industrial and electric generator consumers from interstate natural gas pipelines (US Congress 2006).

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State Regulations
California Hazardous Waste Control Act
Under the California Hazardous Waste Control Act, California Health and Safety Code, Division 20, Chapter

6.5, Article 2, Section 25100, et seq., the Department of Toxic Substance Control (DTSC) regulates the generation, transportation, treatment, storage, and disposal of hazardous waste in California. The hazardous waste regulations establish criteria for identifying, packaging, and labeling hazardous wastes; dictate the management of hazardous waste; establish permit requirements for hazardous waste treatment, storage, disposal, and transportation; and identify hazardous wastes that cannot be disposed of in landfills. DTSC is also the administering agency for the California Hazardous Substance Account Act. California Health and Safety Code, Division 20, Chapter 6.8, Sections 25300 et seq., also known as the State Superfund law, provides for the investigation and remediation of hazardous substances pursuant to State law.

California Health and Safety Code and Code of Regulations California Health and Safety Code Chapter 6.95 and California Code of Regulations (CCR), Title 19, Section 2729 describe the minimum requirements for business emergency plans and chemical inventory reporting.

These regulations require businesses to provide emergency response plans and procedures, training program information, and a hazardous material inventory disclosing hazardous materials stored, used, or handled onsite. A business that uses hazardous materials, or mixtures containing them, in certain quantities must establish and implement a business plan.

CCR Title 8 provides standards for workers dealing with hazardous materials (including hazardous wastes). The DTSC and Cal/OSHA are the agencies that are responsible for overseeing that appropriate measures are taken to protect workers from exposure to potential groundwater contaminants. At sites known or suspected to have soil or groundwater contamination, a site Health and Safety Plan (HASP) must be prepared. The HASP establishes policies and procedures to protect workers and the public from exposure to potential hazards at the contaminated site.

Tanner Act (Assembly Bill 2948)
Although numerous State policies deal with hazardous waste, the most comprehensive is the Tanner Act (California Civil Code Section 1793.22), which was adopted in 1986. The Tanner Act governs the preparation of hazardous waste management plans and the siting of hazardous waste facilities in California. To comply with the Tanner Act, local or regional hazardous waste management plans need to include provisions that define: (1) the planning process for waste management, (2) the permit process for new and expanded facilities, and (3) the appeals process to the State available for certain local decisions.

California Building Code
The State of California provides a minimum standard for building design through the California Building Code (CBC) (24 CCR Part 2). The most recent CBC is the 2022 edition and is adopted by reference in Chapter

16.02.050, Amendments to the 2022 California Building Code, of the Rancho Cordova Municipal Code. It is generally adopted on a jurisdiction-by-jurisdiction basis, subject to further modification based on local ITEM 11.1. ATTACHMENT 3

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conditions. Commercial and residential buildings are plan-checked by local city and county building officials for compliance with the CBC. Typical fire safety requirements of the CBC include the installation of sprinklers in all high-rise buildings; the establishment of fire resistance standards for fire doors, building materials, and particular types of construction; and the clearance of debris and vegetation within a prescribed distance from occupied structures in wildlife hazard areas.

California Fire Code
California Code of Regulations, Title 24, also known as the California Building Standards Code, contains the California Fire Code (CFC), included as Part 9 of that title. Updated every three years, the CFC includes provisions and standards for emergency planning and preparedness, fire service features, fire protection systems, hazardous materials, fire flow requirements, and fire hydrant locations and distribution. The CFC is adopted by reference in Chapter 17.04, Fire Code, of the Rancho Cordova Municipal Code.

Underground Storage Tank Program
Releases of petroleum and other products from underground storage tanks (UST) are the leading source of groundwater contamination in the United States. RCRA, Subtitle I establishes regulations governing the storage of petroleum products and hazardous substances in USTs and the prevention and cleanup of leaks. In EPA Region 9, which covers California, Arizona, Hawaii, Nevada, the Pacific Islands, and over 140 tribal nations, the UST program operates primarily through state agency programs with EPA oversight. In California, the State Water Resources Control Board (SWRCB), under the umbrella of CalEPA, assists local agencies in enforcing UST requirements. The purpose of the UST program is to protect public health and safety and the environment from releases of petroleum and other hazardous substances. The program consists of four elements: leak prevention, cleanup, enforcement, and tank tester licensing. In September 2004, the SWRCB adopted regulations that require electronic submittal of information for groundwater cleanup programs, including groundwater analytical data, the surveyed locations of monitoring wells, and other data. The SWRCB’s GeoTracker system currently has information submitted by responsible parties for over 10,000 leaking UST (LUST) sites statewide and has been extended to include all SWRCB groundwater cleanup programs, including the LUST, non-LUST (i.e., Spill, Leaks, Investigation, and Cleanup), Department of Defense, and landfill programs.

Hazardous Materials Disclosure Programs
Both the federal government (Code of Federal Regulations, EPA, SARA, and Title III) and the State (Health and Safety Code, Division 20, Chapter 6.95, Section 2500-25520; 19 CCR, Chapter 2, Subchapter 3, Article 4, Sections 2729–2734) require all businesses that handle more than specified amount of hazardous materials or extremely hazardous materials, termed a “reporting quantity,” to submit a hazardous materials emergency/contingency plan (also known as a “hazardous materials business plan”) to their local Certified Unified Program Agency (CUPA). The responsible CUPA for Rancho Cordova is Sacramento County’s Environmental Management Department which is responsible for conducting compliance inspections of regulated facilities in the county and its incorporated cities (Sacramento 2024a).

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Senate Bill 673: Hazardous Waste
Senate Bill (SB) 673 made updates to the California Health and Safety Code Section 25200.21 to improve DTSC’s permitting process for hazardous waste facilities and increase community protection through stronger permit criteria. Specifically, this Bill directed DTSC to update its criteria to consider “the vulnerability of, and existing health risks to, nearby populations” when deciding whether to issue new or modified permits or permit renewals of hazardous waste facilities. SB 673 also authorizes the DTSC to consider the use of “minimum setback distances from sensitive receptors” in making a permitting decision (DTSC 2021). As part of its implementation framework, DTSC identified seven key elements for addressing community vulnerability and impacts during the permitting process for hazardous waste uses, which are described in the SB 673, Cumulative Impacts and Community Vulnerability Regulatory Framework (DTSC 2021).

Regional Regulations
Central Valley Regional Water Quality Control Board
The Site Cleanup Program (SCP) regulates and oversees the investigation and cleanup of contaminated sites that are polluting, or threaten to pollute surface and/or groundwater. In the Central Valley Region, there are over 29 technical and administrative staff overseeing investigation and cleanup actions at sites that have been impacted by releases of pollutants to soil, soil gas, groundwater, surface water, sediments and indoor air. SCP sites include pollution from recent or historical surface and subsurface releases at large industrial facilities, military bases, railyards, and oil refineries. SCP sites also include smaller facilities such as dry cleaners, plating shops, pesticide distribution facilities, and equipment repair facilities (CVRWQCB 2024).

The Sacramento Operational Area Plan
The Sacramento Operational Area Plan addresses planned methods for managing information, resources, and priorities during a multi-jurisdiction response in the operational area to extraordinary emergency situations associated with natural and human-caused disasters. This plan is an adjunct to local jurisdiction emergency and disaster plans and does not apply to normal day-to-day emergencies or the established procedures used to cope with such emergencies (SCES 2019).

Mather Airport Land Use Compatibility Plan
This airport land use compatibility plan (ALUCP or Compatibility Plan) has been prepared by the Sacramento Area Council of Governments (SACOG), in its capacity as the Airport Land Use Commission (ALUC) for Sacramento County, as required under the State Aeronautics Act (Pub. Util. Code, § 21670 et seq.). The policies contained in this document are designed to promote compatibility between Mather Airport and surrounding land uses “to the extent that these areas are not already devoted to incompatible uses” (Pub. Util. Code, § 21674(a)(2)). As adopted by SACOG, these policies provide the foundation through which the ALUC can execute its duty to review land use development in areas around the Airport (SACOG 2022).

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Local Regulations
City of Rancho Cordova Municipal Code
Chapter 17.04: Fire Code
This chapter states that the City has adopted the latest California Fire Code and standards are hereby incorporated as fully as if set out at length herein, unamended, and collectively shall be known as the fire code of the city of Rancho Cordova.

City of Rancho Cordova General Plan
The General Plan’s Land Use, Safety, and Natural Resources Elements include policies that relate to hazards and hazardous materials, fire, and airport safety.

Land Use Element
 Policy LU.3.9: Ensure that land uses adjacent to or near Mather Airport are subject to the location, use, and height restrictions of the most recently adopted CLUP/ALUP at the time of development consideration, except when the CLUP/ALUP is under an update process. In the circumstance of a CLUP/ALUP update, coordinate with the County in the review of development projects to determine the most appropriate development restrictions for the continued operation of the airport.

Natural Resources Element
 Policy NR.5.3: Protect surface and ground water from major sources of pollution, including hazardous materials contamination and urban runoff.

Safety Element
 Policy S.1.1: Maintain acceptable levels of risk of injury, death, and property damage resulting from reasonably foreseeable safety hazards in Rancho Cordova.  Policy S.1.5: The City shall require written confirmation from applicable local, regional, state, and federal agencies that known contaminated sites have been deemed remediated to a level appropriate for land uses proposed prior to the City approving site development or provide an approved remediation plan that demonstrates how contamination will be remediated prior to site occupancy. This documentation will specify the extent of development allowed on the remediated site as well as any special conditions and/or restrictions on future land uses.
 Policy S.5.1: Work with public agencies and private companies to identify and work towards elimination of potential hazardous releases through compliance with State and Federal law.  Policy S.5.2: Consider the potential impact of hazardous facilities on the public and/or adjacent or nearby properties posed by reasonably foreseeable events. The City considers an event to be “reasonably foreseeable” when the probability of the event occurring is greater than one in one million per year.

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 Policy S.5.3: Regulate the storage of hazardous materials and waste consistent with State and Federal law.  Policy S.5.5: Separate hazardous or toxic materials from the public.  Policy S.5.6: Ensure that procedures are in place to reduce the chance of accidents in the transport of hazardous materials.
 Policy S.6.1: Promote safe air operations at Mather Airport through cooperative implementation of the Mather Airport CLUP and similar plans and programs.
 Policy S.9.1: Cooperate with the Sacramento Metropolitan Fire District (SMFD) to reduce fire hazards, assist in fire suppression, and ensure efficient emergency medical response.

5.6.1.2 EXISTING CONDITIONS
Hazardous Materials
Hazardous Materials Sites
An environmental database search was conducted for the project site. Table 5.6-1, Hazardous Materials Within

0.25-Mile of the Project Site, summarizes database listings within a 0.25-mile radius of the project site. The search area uses online environmental databases, including SWRCB’s GeoTracker and DTSC’s EnviroStor.

Table 5.6-1 Hazardous Materials within a 0.25-mile of the Project Site Site Name Site Type Status
GeoTracker
7-Eleven Store #14098 LUST Cleanup Site Case Closed as of 6/8/2007 Beacon #3603 LUST Cleanup Site Case Closed as of 9/7/2012 Exxon #7-0244 LUST Cleanup Site Case Closed as of 10/30/2006 Jiffy Lube LUST Cleanup Site Case Closed as of 12/20/1988 Lili Company Cleanup Program Site Open- Remediation as of 7/10/2012 Shell Lust Cleanup Site Case Closed as of 1/7/1992
EnviroStor
Mills Station Crossing Evaluation Inactive-Needs Evaluation as of 10/4/2010 Veteran Martinizing Cleaners Evaluation Refer to the SWRCB 2024b Source: DTSC 2024a; SWRCB 2024a.

As shown in Table 5.6-1, DTSC and SWRCB report on the same site requiring further evaluation (DTSC 2024a; SWRCB 2024b). Additional information on the site is detailed below.

Historical Hazards in the Project Site
A former dry-cleaning site was located on the northwest corner of the project site and operated from 1971 through 2003, as shown on Figure 5.6-1, Project Site Remediation Map. Tetrachloroethylene (PCE) was stored and dispensed from a 45-gallon container near the former dry cleaning site, and in an above-ground tank and drums ITEM 11.1. ATTACHMENT 3

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near the facility's back, near four surface drains. These drains flow to the sewer line at the rear of the former facility. Figure 5.6-1 shows the approximate sewer line locations. This sewer line is being removed as part of the remediation work detailed in Appendix 5.6-3.

The City of Rancho Cordova intends to remediate the project site for mixed-use and primarily support new residential construction. The most recent soil vapor sampling data suggest that in the former dry cleaner area and the former parking lot area (see Figure 5.6-1), the PCE concentrations exceed the San Francisco Bay Regional Water Quality Control Board (RWQCB) Environmental Screening Levels (ESL)1 for vapor intrusion consideration, which corresponds to a carcinogenic risk of 10-6. As a result, the City intends to conduct additional site remediation to address the residual PCE in the vadose zone, which is believed to be the source of PCE exceedances in the soil vapor (Appendix 5.6-1, pg. 6).

Previous Site Investigations
The presence of PCE in the subsurface at the project site was first identified in 2008 during a Phase II environmental site assessment (Appendix 5.6-1, pg. 2). Subsequent investigations included soil gas sampling to 46 feet ground below-ground surface (bgs) in 2008, a soil vapor extraction (SVE) pilot test in 2010, and remedial investigations in 2010 (Appendix 5.6-1, pg. 2). The project site underwent remedial activities, including SVE and groundwater extraction, and from 2019 to 2022, additional soil gas sampling was conducted due to rebounded concentrations (Appendix 5.6-1, pg. 2).

Previous Remediation Activities
Previous remediation activities at the project site included SVE and groundwater extraction from 2010 to 2017.

The extracted groundwater was piped to a nearby sewer cleanout and conveyed to the Sacramento Regional County Sanitation District for treatment through the sewer line system in the Sacramento area. The concentrations of PCE in groundwater fell below the Sanitation District discharge limits, and therefore it was discharged without onsite treatment. Groundwater extraction was subsequently discontinued at the project site after the power supply was damaged by vandalism (Appendix 5.6-1, pg. 3).

Current Site Conditions
Soil
Soil impact was found within the footprint of a former dry cleaner and near the sewer line section downstream, at the northwest corner of the project site. The 2008 Phase II ESA detected PCE at four locations with concentrations ranging from 5.0 to 34 micrograms/kilogram (μg/kg). In 2021, PCE was detected at five locations along the sewer line with concentrations ranging from 1.4 to 54 μg/kg. Low concentrations of PCE were detected in all five locations evaluated. These soil detections were below the ESLs for human health under residential and commercial land use scenarios (Appendix 5.6-1, pg. 50). 1 ESLs are environmental safety measures developed to identify and evaluate potential environmental concerns at contaminated sites. They have been developed for over 100 commonly detected constituents and are designed to protect human health, water quality, and the environment. ESLs provide thresholds for commercial and residential use, focusing on human inhalation and toxicity, and address attenuation factors for other media like soil, groundwater, and indoor air (SFB RWQCB 2024).

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Soil impact was observed along the sewer line section downstream of the former dry cleaner area. The depth of impact was identified to be up to 14 feet bgs. One other soil sample was collected at a deeper depth (up to 37 feet bgs); however, PCE was not detected in this deeper soil sample (Appendix 5.6-1, pg. 4). The technical reports state that, based on the available data, the known soil impact historically was within the footprint of the former dry cleaner and near the sewer line section downstream of the former dry cleaner at the northwest corner of the project site (Appendix 5.6-1, pg. 4).

Soil Vapor
The 2019-2021 soil vapor samples were collected after remediation work and site closure. The 2019 event showed a rebound in PCE concentrations after the 2016 confirmation sampling for the SVE system shutdown, which triggered subsequent sampling events. At the time the SVE system was shut down, the average SVE system-influent PCE concentration in 2016 was 230 microgram per cubic meter (μg/m3), suggesting there was still residual PCE in the vadose zone (Appendix 5.6-1, pg. 6). The vadose zone is Earth's terrestrial subsurface, extending from the surface to the regional groundwater table, containing surface soil, unsaturated subsurface materials, and a transiently inundated capillary fringe, including partially weathered soils and unweathered parent material (Holden and Fierer 2005). The 2021 soil vapor data show that PCE concentrations in soil vapor exceed the San Francisco Bay RWQCB ESLs of 15 μg/m3 for vapor intrusion consideration at 54 μg/m3 in the former dry cleaner (Appendix 5.6-1, pg.50). The former dry cleaner area's elevated soil vapor concentrations are likely due to residual PCE in the vadose zone. The PCE concentrations exceeded the residential ESL for vapor intrusion consideration, which corresponds to a carcinogenic risk of 10-6 (Appendix 5.6-1, pg. 6).

Groundwater
The project site's groundwater impact was limited to the northwest corner, with the highest PCE concentration detected before remediation at 320 micrograms per liter (μg/L) near the backdoor of a former dry cleaner in 2010. The highest PC concentration at the permanent well before remediation was 52 μg/L near the western project site boundary and the sewer line in 2010. After five years of SVE and three years of groundwater extraction, the PCE concentration near the western project site boundary and the sewer line decreased to

13.7 μg/L in 2019. PCE concentrations also decreased at other monitoring wells after site remediation (Appendix 5.6-1). Compared to the potential impact from the residual PCE in the vadose zone, the elevated soil vapor concentrations detected since 2019 are not likely to be a result of the volatilization of residual PCE in the groundwater, based on its reported PCE concentration in groundwater and the depth of the groundwater at the project site (Appendix 5.6-1, pg. 6)
The most recent soil vapor sampling data suggest that in the former dry cleaner area and the former parking lot area, the PCE concentrations exceed the residential ESL for vapor intrusion consideration, which corresponds to carcinogenic risk. As a result, the City intends to conduct additional site remediation to address the residual PCE in the vadose zone, which is believed to be the source of PCE exceedances in the soil vapor (Appendix 5.6-1, pg. 6). The City’s corrective actions are described in Appendices 5.6-1 through 5.6-3.

ITEM 11.1. ATTACHMENT 3