delta shores regional commercial center project (p14

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Delta Shores Regional Commercial Center Project (P14-025)

Addendum to Environmental Impact Report _____________________________________________________________________________ File Number/Project Name: Delta Shores Regional Commercial Center Project (P14-025) Project Location: The project site is located in the southern portion of the City of Sacramento. The Delta Shores project site consists of approximately 782 acres. The commercial project includes 130 acres adjacent to and east of Interstate 5. Existing Plan Designations and Zoning: The general plan designation for the commercial project site is Regional Commercial and Traditional Center. The site is within the Delta Shores Planned Unit Development and zoned General Commercial (C-2-PUD). Project Background: The Delta Shores project (P06-197) was approved by the City Council on January 13, 2009. Project approval included certification of the Delta Shores EIR (SCH No. 2007042070) and adoption of the project’s mitigation monitoring program (MMP). Work at the project site in compliance with the MMP and initial site development has proceeded. The Cosumnes Boulevard Interchange with Interstate 5 has proceeded adjacent to the project site. The construction of the interchange will facilitate the roadway infrastructure included in the project, but is not part of the Delta Shores project. Project Description: A request to develop approximately 130 acres zoned General Commercial (C-2-PUD) in the Delta Shores Planned Unit Development (PUD) with up to 1.3 million square feet of retail, commercial, and entertainment uses. The project site is located on the east side of Interstate 5 at the Cosumnes River Boulevard interchange (under construction). The commercial project generally consists of 4 areas including: The South site: - 92 Net Acres - 906k square feet of retail, commercial, and entertainment uses - Uses include a Wal-Mart Superstore, a Movie theater, two additional anchor tenant spaces of 136k and 166k square feet, several major tenant spaces, restaurants with drive thru access and a fueling station The North Site: - 22 Net Acres - 357 k Square feet of retail and commercial uses - Uses include a 139k Square feet anchor tenant space, a restaurant with drive thru access and two hotel sites

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South Satellite Commercial: - 2.5 Net Acres - 22k square feet of retail and commercial, including a 14,000 square feet pharmacy with drive thru access and alcohol sales, plus other smaller retail uses North Satellite Commercial: - 2.5 Net Acres - 13.5k square feet of commercial including a fueling station, retail sales with alcohol and other restaurant uses The proposed commercial development requires the following entitlements: • Site Plan and Design Review to review the site plan and architectural design typical for the proposed development against all applicable guidelines and development standards including the Delta Shores PUD Design and Development Guidelines, as amended. • Delta Shores PUD Guidelines Amendment to: - Modify the parking requirements to provide consistency with the current Planning and Development Code - Modify height allowances to provide consistency with the current Planning and Development Code - Modify the allowances for signage • Conditional Use Permits to allow the establishment of the following uses: - 190,000 square foot Wal-Mart Superstore - 58,000 square foot movie theater - 4 commercial buildings in the South Site that exceed 40,000 square feet - 1 commercial building in the North Site that exceeds 40,000 square feet - 10 drive-through uses - 2 fuel centers - 3 use permits for the off-sale of alcoholic beverages. The specific entitlements for the commercial project are numerous due to the requirements imposed as part of project approval. The entitlements are listed on Attachment A.

FINDINGS AND BASIS FOR ADDENDUM

CEQA Guidelines Section 15164 provides that an Addendum to a certified environmental impact report may be prepared if some changes or additions are required but none of the conditions identified in CEQA Guidelines Section 15162 calling for preparation of a subsequent EIR have occurred. The City has determined that none of the conditions set forth in section 15162 have occurred as they relate to the project. Specifically:

1. No substantial changes are proposed in the project which would require major revisions of the previous EIR due to the involvement of new significant

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environmental effects or a substantial increase in the severity of previously identified significant effects.

2. No substantial changes have occurred with respect to the circumstances under which the project is undertaken that would require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

3. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:

a) The project will have one or more significant effects not

discussed in the previous EIR; b) Significant effects previously examined will be substantially

more severe than shown in the previous EIR; c) Mitigation measures or alternatives previously found not to be

feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative, or;

d) Mitigation measures or alternatives which are considerable

different from those analyzed in the previous would substantially reduce on or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

DISCUSSION

The Delta Shores EIR evaluated the potential impacts of the development of the approximately 782-acre site, including the proposed commercial development along Interstate 5. The 1.3 Million square feet commercial development proposed as part of the current project was included in the EIR evaluation. The internal design of the commercial project has been refined, but remains consistent in size with the commercial development evaluated in the EIR. The commercial project now includes additional traffic improvements, including internal stop signs, additional ingress/egress drives, a signalized pedestrian crossing at the southernmost project drive, deceleration lanes into the project and a third turn lane and through lane on Delta Shores Circle between the northernmost project intersection and Cosumnes River Boulevard. These additional improvements were not included in the original EIR traffic analysis and therefore are considered to provide incremental improvement of overall site ingress, egress, access and circulation opportunities when compared to what was analyzed in the EIR. As a result, the

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changes to the project do not result in any new or more significant effects on traffic than those discussed in the EIR and may result in improved access and traffic flows for the South project site, as well as improved ingress to and egress from the South project site. The proposed PUD Guidelines Amendment to modify parking requirements, height allowances and signage allowances will not result in any new or more significant effects. The remaining entitlements required for the commercial development are consistent with those that were adopted as part of the project approval and the establishment of the Delta Shores Planned Unit Development and will not result in any new or more significant effects. As contemplated by the original project approval, the specific design and site details of the commercial development are included in the review, usually as part of a conditional use permit process. This process provides City authority to review and consider, for example, on-site circulation, lighting and hours of use. The current proposal has been reviewed by staff, and any approval would include conditions of development that would ensure that the required findings for the respective entitlement can be made by the City. As part of this process, no new or more significant environmental impacts have been identified. Activities on the Delta Shores site to date include actions by the applicant that are required by the mitigation monitoring plan that was adopted as part of the project approval. None of the actions undertaken by the applicant affect the analysis that was included in the EIR. Additional activities to occur under the current project approvals will also be required to include, when appropriate, actions specified in the mitigation monitoring plan that was adopted as part of the project approval. The Cosumnes River Boulevard Interchange project has proceeded to construction. Construction and operation of the interchange were not part of the Delta Shores project. The Delta Shores EIR took appropriate account of the proposed interchange, and the construction and operation of the interchange were circumstances that were accounted for in the EIR. The site planning and entitlements that have been submitted are a normal and anticipated aspect of development of the site as originally approved. The proposed actions and development would not result in any new or more significant effects, do not require any substantial changes in the environmental impact report and none of the conditions set forth in CEQA Guidelines Section 15162 have occurred with respect to the project. Based on the above analysis, this Addendum to the previously-certified Environmental Impact Report for the project has been prepared. Attachments:

A) Proposed Entitlements B) City Council Resolution No. 2009-030 (CEQA Findings and Mitigation Monitoring

Plan)

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ATTACHMENT A: PROJECT ENTITLEMENTS

Delta Shores Regional Commercial Center. A request to develop approximately 130 acres zoned General Commercial (C-2-PUD) in the Delta Shores Planned Unit Development (PUD). The proposed project will develop the site with up to 1.3 million square feet of commercial uses including a 190,000 square foot superstore, a 14 screen movie theater, retail pads exceeding 100,000 square feet, drive through restaurants, fueling stations, and a number of minor anchor tenant spaces, inline shops, and pad buildings. This development request requires the approval of an Addendum to a previously adopted Environmental Impact Report; amendments to the adopted Delta Shores Planned Unit Development Guidelines; Site Plan and Design Review; Conditional Use Permits for a 190,000 square foot superstore, five (5) retail stores exceeding 40,000 square feet, a movie theater, two (2) fueling stations, 10 drive through uses, and alcohol sales for off-site consumption at three (3) locations.

A. EIR and Addendum to the previously adopted Environmental Impact Report for the Delta Shores PUD (P06-197)

B. Mitigation Monitoring Program

C. Planned Unit Development Guidelines Amendments to amend the Delta Shores PUD Guidelines for signage, parking, and height allowance.

Site Plan and Design Review:

D. Site Plan and Design Review for development of the Delta Shores South Site consisting of approximately 906,000 square feet of retail, service, and entertainment uses on approximately 92 acres within the Delta Shores PUD.

E. Site Plan and Design Review for development of the Delta Shores North Site consisting of approximately 357,000 square feet of retail and service uses on approximately 22 acres within the Delta Shores PUD

F. Site Plan and Design Review for development of the Delta Shores South Satellite Commercial Site consisting of approximately 21,800 square feet of retail and service uses on approximately 2.5 acres within the Delta Shores PUD.

G. Site Plan and Design Review for development of the Delta Shores North Satellite Commercial Site consisting of approximately 13,500 square feet of retail and service uses on approximately 2.5 acres within the Delta Shores PUD.

Commercial Uses More than 40,000 Square Feet:

H. Conditional Use Permit to establish an approximate 190,000 square foot superstore with auto service (South Site Anchor 1) in the General Commercial (C-2-PUD) Zone at the

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southwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

I. Conditional Use Permit to establish an approximate 166,000 square foot retail store (South Site Anchor 3) in the General Commercial (C-2-PUD) Zone at the southwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

J. Conditional Use Permit to establish an approximate 139,000 square foot retail store (North Site Anchor 1) in the General Commercial (C-2-PUD) Zone at the northwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

K. Conditional Use Permit to establish an approximate 137,000 square foot retail store with auto service (South Site Anchor 2) in the General Commercial (C-2-PUD) Zone at the southwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

L. Conditional Use Permit to establish an approximate 55,000 square foot retail store (South Site Major 4) in the General Commercial (C-2-PUD) Zone at the southwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

M. Conditional Use Permit to establish an approximate 50,000 square foot retail store (South Site Major 5) in the General Commercial (C-2-PUD) Zone at the southwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

N. Conditional Use Permit to establish an approximate 58,200 square foot, 14-screen movie theater (South Site Major 10) in the General Commercial (C-2-PUD) Zone at the southwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

Fueling Stations:

O. Conditional Use Permit to establish a six island, 12 pump fueling station in the General Commercial (C-2-PUD) Zone at the southwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD (South Site).

P. Conditional Use Permit to establish a six island, 12 pump fueling station with drive through car wash in the General Commercial (C-2-PUD) Zone at the northeast corner of Cosumnes River Boulevard and Delta Shores Circle South (North Satellite) in the Delta Shores PUD.

Drive-Through Services:

Q. Conditional Use Permit to establish an approximate 4,200 square foot restaurant with drive through service (South Site Pad 1) in the General Commercial (C-2-PUD) Zone at

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the southwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

R. Conditional Use Permit to establish an approximate 3,400 square foot restaurant with drive through service (South Site Pad 2) in the General Commercial (C-2-PUD) Zone at the southwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

S. Conditional Use Permit to establish an approximate 3,750 square foot restaurant with drive through service (South Site Pad 3) in the General Commercial (C-2-PUD) Zone at the southwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

T. Conditional Use Permit to establish an approximate 4,456 square foot restaurant with drive through service (South Site Pad 4) in the General Commercial (C-2-PUD) Zone at the southwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

U. Conditional Use Permit to establish drive through service in a 5,040 square foot retail building (South Site MS Shops 1) in the General Commercial (C-2-PUD) Zone at the southwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

V. Conditional Use Permit to establish an approximate 4,300 square foot restaurant with drive through service (South Site MS Shops 2) in the General Commercial (C-2-PUD) Zone at the southwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

W. Conditional Use Permit to establish an approximate 4,000 square foot restaurant with drive through service (South Site Pad 6) in the General Commercial (C-2-PUD) Zone at the southwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

X. Conditional Use Permit to establish an approximate 3,500 square foot restaurant with drive through service (North Site Pad 2) in the General Commercial (C-2-PUD) Zone at the northwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

Y. Conditional Use Permit to establish an approximate 4,000 square foot restaurant with drive through service (North Satellite Pad 3) with 24-hour service in the General Commercial (C-2-PUD) Zone at the northeast corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

Z. Conditional Use Permit to allow a drive through with 24-hour service for a 14,000 square foot retail store (South Satellite Pad 1) in the General Commercial (C-2-PUD) Zone at the

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southeast corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD

Alcohol Sales:

AA. Conditional Use Permit to allow alcohol sales in a 14,000 square foot retail store (South Satellite Pad 1) in the General Commercial (C-2-PUD) Zone at the southeast corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

BB. Conditional Use Permit to allow alcohol sales in a 3,500 square foot convenience market (North Satellite Pad 1) in the General Commercial (C-2-PUD) Zone at the northeast corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

CC. Conditional Use Permit to allow alcohol sales in an approximate 14,000 square foot retail store (South Site) in the General Commercial (C-2-PUD) Zone at the southwest corner of Cosumnes River Boulevard and Delta Shores Circle South in the Delta Shores PUD.

ATTACHMENT B: City Council Resolution No. 2009-030

RESOLUTION NO. 2009-030

Adopted by the Sacramento City Council

January 13, 2009

CERTIFYING THE ENVIRONMENTAL IMPACT REPORT AND ADOPTING THE MITIGATION MONITORING PROGRAM FOR THE DELTA SHORES PROJECT (POG-197)

BACKGROUND

A. On December 11, 2008, _the City Planning Commission conducted a public hearing, and forwarded to.the City Council the Delta Shores project with no recommendation.

B. On January 13, 2009, the City Council conducted a public hearing, for which notice was given pursuant Sacramento City Code Section 17.200, and received and considered evidence concerning the Delta S ores project.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS: Section 1. The City Council finds that the Environmental Impact Report for Delta Shores (herein EIR) which consists of the Draft EIR and the Final EIR (Response to Comments) (collectively the "EIR") has been completed in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Sacramento Local Environmental Procedures. Section 2. The City Council certifies that the EIR was prepared, published, circulated and reviewed in accordance with the requirements of CEQA, the State CEQA Guidelines and the Sacramento Local Environmental Procedures, and constitutes an adequate, accurate, objective and complete Final Environmental Impact Report in full compliance with the requirements of CEQA, the State CEQA Guidelines and the Sacramento Local Environmental Procedures. Section 3. The City Council certifies that the EIR has been presented to it, that the City Council has reviewed the EIR and has considered the information contained in the EIR prior to acting on the proposed Project, and that the EIR reflects the City Council's independent judgment and analysis. Section 4. Pursuant to CEQA Guidelines Sections 15091 and 15093, and in support

Resolution 2009-030 January 13, 2009

of its approval of the Project, the City Council adopts the attachedFindings of Fact and Statement of Overriding Considerations in support ofapproval of the Project as set forth in the attached Exhibit A of thisResolution.

Section 5. Pursuant to CEQA section 21081.6 and CEQA Guidelines section 15091,and in support of its approval of the Project, the City Council adopts theMitigation Monitoring Program to require all reasonably feasible mitigationmeasures be implemented by means of Project conditions, agreements, orother measures, as set forth in the Mitigation Monitoring Program as setforth in Exhibit B of this Resolution.

Section 6. The City Council directs that, upon approval of the Project, the City'sEnvironmental Planning Services shall file a notice of determination withthe County Clerk of Sacramento County and, if the Project requires adiscretionary approval from any state agency, with the State Office ofPlanning and Research, pursuant to the provisions of CEQA section21152.

Section 7. Pursuant to Guidelines section 15091(e), the documents and othermaterials that constitute the record of proceedings upon which the CityCouncil has based its decision are located in and may be obtained from,the Office of the City Clerk at 915 I Street, Sacramento, California. TheCity Clerk is the custodian of records for all matters before the CityCouncil.

Table of Contents:Exhibit A - CEQA Findings of Fact and Statement of Overriding Considerations for the

Delta Shores projectExhibit B - Delta Shores Mitigation Monitoring Plan

Resolution 2009-030 January 13, 2009 2

Adopted by the City of Sacramento City Council on January 13, 2009 by the followingvote:

Ayes: Councilmembers Cohn, Fong, Hammond, Pannell, Sheedy, Tretheway,Waters, and Mayor Johnson.

Noes: Councilmember McCarty.

Abstain: None.

Absent: None.

Attest:

Shirley Concdlino, City Clerk

Resolution 2009-030 January 13, 2009 1 3

Exhibit A

CEQA FINDINGS ANDSTATEMENT OF OVERRIDING CONSIDERATIONS

FOR THE DELTA SHORES PROJECT

Project # P06-197

Description of the Proiect.

The City Council (the "Council") of the City of Sacramento (the "City") hereby adoptsand makes the following findings relating to a General Plan Amendment, an amendmentto the Airport/Meadowview Community Plan, a Rezone, Delta Shores Planned UnitDevelopment Guidelines and Schematic Plan Amendments, a Master Tentative ParcelMap, Tentative Subdivision Maps, a Development Agreement and an InclusionaryHousing Plan for the Delta Shores Project (the "Project"), located in south Sacramentoadjacent to the southern boundary of the City limits. The Project Applicant/Owner isM&H Realty Partners VI, L.P., c/o Merlone Geier Management LLC, 3580 CarmelMountain Road, Suite 260, San Diego, California 92130. These CEQA Findings havebeen prepared for the certification of a Final Environmental Impact Report (the "FEIR")prepared for the Council's approval of the Project pursuant to Resolution Number

, dated (the "Resolution"). The foregoingactions are collectively referred to herein as the "Project". These Findings are preparedpursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code,Section 21000 etseq.). (See Public Resources Code, Section 21081)

The Project objective is the development and construction of a 782-acre master plannedcommunity. It is envisioned as a compact residential community of approximately 5,222residences with two retail centers. The approximately 147 acres of retail centers willconsist of an approximately 127 acre Regional Village Center with up to 1.3 millionsquare feet of retail and commercial uses, and an approximately 19.9 acreneighborhood serving residential mixed-use retail area with up to 161,600 square feet ofretail and incorporated office uses. Delta Shores will also include 384 acres divided intoresidential lots and approximately 118 acres of parks, trails, open space and wetlandrestoration areas.

The Project is designed to meet those objectives. In order to do so, the Project has thefollowing entitlement components:


• General Plan Amendment from Industrial-Employee Intensive,Community/Neighborhood Commercial and Offices, Regional Commercial andOffices, Low Density Residential, Medium Density Residential, and Parks -Recreation - Open Space to Regional Commercial and Offices,Community/Neighborhood Commercial and Offices, Residential Mixed Use, LowDensity Residential, Medium Density Residential, and Parks - Recreation - OpenSpace.

• Airport/Meadowview Community Plan Amendment from High Tech Industrial,Commercial, Office, Residential 4-8 du/na, Residential 7-15 du/na, Public/Quasi -Public, and Agriculture/Open Space to Commercial, Residential 4-8 du/na,Residential 7-15 du/na, Residential 16-29 du/na, Public/Quasi - Public, andParks.

• Rezone from Manufacturing, Research, and Development PUD (MRD-PUD),Shopping Center PUD (SC-PUD), and Single Family PUD (R-1-PUD), SingleFamily Alternative PUD to General Commercial PUD (C-2-PUD), ResidentialMixed Use PUD (RMX-PUD), Standard Single Family PUD (R-1-PUD), SingleFamily Alternative PUD (R-1A-PUD), Multi-Family PUD (R-3-PUD), andAgriculture-Open Space-PID (A-OS-PUD).

• Development Agreement.

• Delta Shores Planned Unit Development Guidelines and Delta Shores SchematicPlan.

• Master Tentative Parcel Map to subdivide 43 parcels totaling 782 acres into 64master parcels.

• Tentative Subdivision Map to subdivide 98.70 acres into 423 lots.

• Tentative Subdivision Map to subdivide 87.44 acres into 348 lots.

• Inclusionary Housing Plan.

• Bikeway Master Plan Amendment.

• Section 404 Wetlands Permit (U.S. Army Corps of Engineers).

• Water Discharge Requirement Permit and section 401 Certification or Waiver(Regional Water Quality Control Board).

The Project, as proposed for adoption, has undergone modification and revision duringthe course of public hearings concerning its content. As modified, the Project providesfor an intensity of land uses which are within the range of land uses described andanalyzed in the Draft EIR, as well as in the FEIR. The FEIR is adequate and sufficient


to analyze the Project's impacts and inform the Council of those significant impacts.This point was recognized in Sequoyah Hills Homeowners Association V. City ofOakland (1993) 23 Cal.App.4th 704, 29 Cal.Rptr.2d 182, where an environmentalimpact report was upheld for a project which had an approved residential densitydifferent from the originally proposed project, but within the range of residential densitiesanalyzed in the alternatives analysis of the project's environmental impact report.

Findings Required Under CEQA.

1. Procedural Findings.

The City Council of the City of Sacramento finds as follows:

Based on the initial study conducted for the Delta Shores Project, SCH#2007042070,(hereinafter the "Project"), the City of Sacramento's Environmental Planning Servicesdetermined, based on substantial evidence, that the Project may have a significanteffect on the environment and prepared an environmental impact report ("EIR") on theProject. The EIR was prepared, noticed, published, circulated, reviewed, andcompleted in full compliance with the California Environmental Quality act (PublicResources Code Section 21000 et seq.)("CEQA"), the CEQA Guidelines (14 CaliforniaCode of Regulations Section 15000 et seq.), and the City of Sacramento environmentalguidelines, as follows:

a. A Notice of Preparation of the Draft EIR was filed with the Office ofPlanning and Research and each responsible and trustee agencyand was circulated for public comments from April 12, 2007 throughMay 14, 2007.

b. A Notice of Availability ("NOA") and copies of the Draft EIR weredistributed to the Office of Planning And Research on September 9,2008 and to those public agencies that have jurisdiction by law withrespect to the Project, or which exercise authority over resourcesthat may be affected by the Project, and to other interested partiesand agencies as required by law. The comments of such personsand agencies were sought.

c. An official 45-day comment period for the Draft EIR wasestablished by the Office of Planning and 'Research. The publiccomment period began on September 9, 2008 and ended onOctober 23, 2008.

d. The Notice of Availability ("NOA") of the Draft EIR was mailed to allinterested groups, organizations, and individuals who hadpreviously requested notice in writing on September 9, 2008. TheNOA stated that the City of Sacramento had completed the DraftEIR and that copies were available at the City of Sacramento,


Development services Department, 300 Richards Boulevard, ThirdFloor, Sacramento, California 95811, and from the City's websiteat: http://www.cityofsacramento.org/dsd/planning/environmental-reviewieirsi. The NOA also indicated that the official 45-day publicreview period for the draft EIR would end on October 23, 2008.

e. A public notice of availability was published in the Daily Recorderon September 9, 2008, which stated that the Draft EIR wasavailable for public review and comment.

f. A public notice of availability was posted in the office of theSacramento County Clerk on September 9, 2008.

9- Following closure of the public comment period, all commentsreceived on the Draft EIR during the comment period, the City'swritten responses to the significant environmental points raised inthose comments, and additional information added by the City wereadded to the Draft EIR to produce the Final EIR and the erratathereto.

2. Record of Proceedings.

The following information is incorporated by reference and made part of the recordsupporting these findings:

a. The City of Sacramento General Plan. (January 1988)

b. The City of Sacramento General Plan Update (2001)

c. Environmental Impact Report for the City of Sacramento GeneralPlan Update, City of Sacramento, March 1987 and all updates(SCH # 2007072024).

d. Findings of Fact and Statement of Overriding Considerations for theadoption of the Sacramento General Plan Update, City ofSacramento, 1988 and all updates.

e. Blueprint Preferred Scenario for 2050, Sacramento Area Council ofGovernments, December 2004.

f. Airport/Meadowview Community Plan.

g. All Notices of Preparation and other public notices issued by theCity in conjunction with the Project.

h. The City of Sacramento Noise Ordinance ( December 2003).


The City of Sacramento Zoning Ordinance, Ordinance No. 2550,Fourth Series (Revised January 1, 1997) and all subsequentamendments.

J. The Draft EIR prepared for the Project and all appendices thereto(SCH #2007042070).

k. The Final EIR prepared for the Project and all errata andappendices thereto (SCH #2007042070).

1. The Delta Shores Project's application materials, includingapplication information, PUD Schematic Plan, PUD Guidelines andTentative Map.

M. All staff reports, memoranda, maps, letters, exhibits, minutes ofmeetings, referrals, and other planning documents preparedapproved, reviewed, or relied upon by any City commissions,boards, officials, consultants, or staff relating to the Project.

n. All testimony, documents, and other evidence presented bylandowners and members of the public and their representativeswithin the Project Area;

o. All testimony and documents submitted to the City by publicagencies and members of the public in connection with the Project;

p. Minutes and verbatim transcripts of all workshops, informationsessions, public meetings, and public hearings held by the City inconnection with the Project;

q. Any documentary or other evidence submitted to the City at suchworkshops, information sessions, public meetings and publichearings.

r. Matters of common knowledge to the Council, including, but notlimited to, the following:

(1) Sacramento Metropolitan Air Quality ManagementDistrict's Guide to Air Quality Assessment in Sacramento County,July 2004.

(2) Other formally adopted City policies and ordinances; and

s. The Mitigation Monitoring Program for the Project.


t. Draft and Final Environmental Impact Statement/Environmental ImpactReport for the Interstate-5/Cosumnes River Boulevard Extension,Sacramento County, California (State Clearinghouse # 2007022072)

3. Definitions. A number of terms used in these Findings are defined as follows:

"CARB" means the California Air Resources Board.

"CEQA" means the California Environmental Quality Act (Public Resources CodeSection 21000 et seq.).

"City" means the City of Sacramento.

"Council" means the City Council of the City of Sacramento.

"County" means the County of Sacramento.

"DEIR" or "Draft EIR" means the Draft EIR for the Project (September 2008).

"EIR" means environmental impact report, consisting of both the DEIR and FEIR.

"FEIR" or "Final EIR" means the Final EIR for the Project (December 2008),Errata No. 1, December 10, 2008 and Errata No. 2, December 17, 2008.

"GHG" means greenhouse gases.

"LOS" means level of service.

"NOP" means notice of preparation.

"NOx" means oxides of nitrogen.

"Plan" means the Airport/Meadowview Community Plan.

"PM10" means fine particulate matter (solid particles less than ten microns indiameter).

"Project" means the Delta Shores Project, as well as the necessary land useentitlements, as granted by the Council.

"Project area" and "Project site" mean that land area encompassed within theProject.

"Record" means the Record of Proceedings hereinafter described in Section IVhereof.


"SMAQMD" means the Sacramento Metropolitan Air Quality ManagementDistrict.

"SMUD" means Sacramento Municipal Utility District.

"VMT" means vehicle miles traveled.

4. Findings.

CEQA requires that the lead agency adopt mitigation measures or alternatives, wherefeasible, to substantially lessen or avoid significant environmental impacts that wouldotherwise occur. Mitigation measures or alternatives are not required, however, wheresuch changes are infeasible or where the responsibility for the project lies with someother agency. (CEQA Guidelines, Section 15091, sub. (a), (b).)

With respect to a project for which significant impacts are not avoided or substantiallylessened, a public agency, after adopting proper findings, may nevertheless approvethe project if the agency first adopts a statement of overriding considerations settingforth the specific reasons why the agency found that the project's "benefits" rendered"acceptable" its "unavoidable adverse environmental effects." (CEQA Guidelines,Sections 15093, 15043, sub.(b); see also Public Resources Code Section 21081,sub.(b).)

In seeking to effectuate the substantive policy of CEQA to substantially lessen or avoidsignificant environmental effects to the extent feasible, an agency, in adopting findings,need not necessarily address the feasibility of both mitigation measures andenvironmentally superior alternatives when contemplating approval of a proposedproject with significant impacts. Where a significant impact can be mitigated to an"acceptable" level solely by the adoption of feasible mitigation measures, the agency, indrafting its findings, has no obligation to consider the feasibility of any environmentallysuperior alternative that could also substantially lessen or avoid that same impact - evenif the alternative would render the impact less severe than would the proposed projectas mitigated. (Laurel Hills Homeowners Association v. City Council (1978) 83Cal.App.3d 515, 521; see also Kings County Farm Bureau v. City of Hanford (1990) 221Cal.App.3d 692, 730-731; and Laurel Heights Improvement Association v. Regents ofthe University of California ("Laurel Heights I') (1998) 47 Cal. 3d 376, 400-403.)

In these Findings, the City first addresses the extent to which each significantenvironmental effect can be substantially lessened or avoided through the adoption offeasible mitigation measures. Only after determining that even with the adoption of allfeasible mitigation measures an effect is significant and unavoidable does the Cityaddress the extent to which alternatives described in the EIR are (i) environmentallysuperior with respect to that effect, and (ii) "feasible" within the meaning of CEQA.

In cases in which a project's significant effects cannot be mitigated or avoided, anagency, after adopting proposed findings, may nevertheless approve the project if it first


adopts a statement of overriding considerations setting forth the specific reasons whythe agency found that the "benefits of the project outweigh the significant effects on theenvironment." (Public Resources Code, Section 21081, sub.(b); see also, CEQAGuidelines, Sections 15093, 15043, sub.(b).) In the Statement of OverridingConsiderations found at the conclusion of these Findings, the City identifies the specificeconomic, social, and other considerations that, in its judgment, outweigh the significantenvironmental effects that the Project will cause.

The California Supreme Court has stated that "[t]he wisdom of approving ... anydevelopment project, a delicate task which requires a balancing of interests, isnecessarily left to the sound discretion of the local officials and their constituents whoare responsible for such decisions. The law as we interpret and apply it simply requiresthat those decisions be informed, and therefor balanced." (Goleta ll (1990) 52 Cal.3d553 at 576.)

In support of its approval of the Project, the City Council makes the following findings foreach of the significant environmental effects and alternatives of the Project identified inthe EIR pursuant to Section 21080 of the Public Resources Code and Section '15091 ofthe CEQA Guidelines:

A. FINDINGS REGARDING POTENTIAL ENVIRONMENTAL IMPACTSDETERMINED NOT TO BE SIGNIFICANT

These Findings do not address impacts that are considered to be less-than-significantprior to mitigation. These findings therefore do not address the following resource areasbecause the Council, based upon the FEIR and the entire Record before the Council,finds that no significant impacts occur with respect to them:

a) Aesthetics and Visual Resources: 5.1-1. Development of theproposed project would not have a significantly demonstrable negativeaesthetic effect that would substantially degrade the existing visualcharacter or quality of the project site and its surroundings.

b) Aesthetics and Visual Resources: 5.1-2. The proposed projectwould not create significant new sources of light and glare that couldadversely affect on-site and adjacent uses.

c) Aesthetics and Visual Resources: 5.1-3. The proposed projectwould not significantly adversely affect a scenic vista or adopted viewcorridor.

d) Aesthetics and Visual Resources: 5.1-4. The proposed project,in combination with other development in the City of Sacramento, wouldnot result in a significant demonstrable negative aesthetic effect.

e) Aesthetics and Visual Resources: 5.1-5. The proposed project,


in combination with cumulative development surrounding the project site,could would not create significant new sources of light and glare.

f) Omitted.

g) Agricultural Resources: 5.2-3. The proposed project, inconjunction with future development in the city and county, would notsignificantly affect agricultural resources or operations (e.g., impacts tosoils or farmlands, or impacts from incompatible uses).

h) Air Quality: 5.3-4. The proposed project would not significantlyincrease traffic volumes that, in turn, would contribute to COconcentrations near roadways and intersections.

i) Air Quality: 5.3-5. Implementation of the proposed project wouldnot result in a substantial increase in the exposure of sensitive receptorsto toxic air contaminants.

j) Air Quality: 5.3-6. The proposed project would not generatesignificant objectionable odors or significantly expose on-site sensitiveuses to odors from existing odor sources.

k) Air Quality: 5.3-10. The proposed project, in conjunction withother future development in the project vicinity, would not significantlycontribute to CO levels.

I) Air Quality: 5.3-11. The proposed project would not significantlycontribute to cumulative increases in TAC's within the air basin.

m) Biological Resources: 5.4-10. Development of the proposedproject would not result in the significant loss of individual giant gartersnakes and their upland habitat.

n) Biological Resources: 5.4-13. The proposed project, incombination with other construction in the City and region, would not resultin the significant regional loss and/or disturbance of protected nestingavian species, including Swainson's hawks and other protected raptors.

o) Hydrology and Water Quality: 5.5-1. Construction and operationof the proposed project would not result in the significant degradation ofwater quality in local and regional receiving waters.

p) Hydrology and Water Quality: 5.5-2. Implementation of theproposed project would not result in a significant increase in the rate andamount of stormwater runoff that could exceed the capacity of the existingstormwater collection infrastructure.


q) Hydrology and Water Quality: 5.5-3. Implementation of theproposed project would not expose people or property to significant risk offlooding from failure of a levee.

r) Hydrology and Water Quality: 5.5-4. Implementation of theproposed project would not deplete groundwater supplies or interferesubstantially with groundwater recharge such that there would be a netdeficit in aquifer volume or lowering of the local groundwater table level.

s) Hydrology and Water Quality: 5.5-5. Implementation of theproposed project, in combination with other development within the City,would not result in a significant increase in the rate and amount of surfaceand/or stormwater runoff discharged to the City's drainage system thatwould result in localized flooding.

t) Hydrology and Water Quality: 5.5-6. The proposed project, incombination with other development in the City, would not result in asignificantly increased discharge of stormwater runoff containing urbanpollutants to local waterways that would adversely affect surface waterquality in the lower Sacramento River watershed.

u) Hydrology and Water Quality: 5.5-7. The proposed project, inaddition to development in the City, would not expose people or propertyto a significant risk of flooding from failure of a levee.

v) Noise: 5.6-2. Ground-borne vibration from construction activitywould not cause significant structural damage to nearby buildings.

w) Noise: 5.6-6. Traffic generated by the proposed project, inconjunction with traffic from planned future development in othersurrounding areas of the City and County, would not permanently exposesensitive receptors to significantly increased cumulative noise levels fromlocal roadways.

x) Noise: 5.6-7. Traffic generated by the proposed project, inconjunction with traffic from planned future development in othersurrounding areas of the City and County, would not permanently exposesensitive receptors to significantly increased cumulative noise levels fromInterstate 5.

y) Public Services: 5.7-3. The proposed project would result in theconstruction of new, or expansion of existing fire facilities, but would notresult in significant adverse environmental impacts.

z) Public Services: 5.7-4. The proposed project, in combination


with other development in the southern portion of the City, would result inthe construction of new, or expansion of existing, fire facilities, but wouldnot result in adverse environmental impacts.

aa) Public Facilities: 5.7-5. The proposed project could result in theconstruction of new, or expansion of existing, school facilities, but wouldnot result in adverse environmental impacts.

bb) Public Facilities: 5.7-6. The proposed project could contribute tothe cumulative need for the construction of new or expansion of existingschool facilities within the SCUSD service area. The construction orexpansion of these facilities would not result in adverse environmentalimpacts.

cc) Public Facilities: 5.7-7. The proposed project would increase thedemand for parks at the project site and in the project vicinity, which couldresult in the need for additional parks and park facilities, but theconstruction of which would not result in adverse environmentalconsequences.

dd) Public Facilities: 5.7-8. The proposed project, in combinationwith other development projects in the Airport/Meadowview Planning Area,would increase the demand for parks, which could result in the need foradditional parks and park facilities, but the construction of which would notresult in adverse environmental impacts.

ee) Public Facilities: 5.7-9. The proposed project could result in theconstruction of new or expansion of existing solid waste facilities, but itwould not result in adverse environmental impacts.

ff) Public Facilities: 5.7-10. Solid waste generated by the project, incombination with other development in the City, would not exceed landfillcapacity.

gg) Public Utilities: 5.8-1. The proposed project would increasewastewater flows, but would not exceed treatment capacity at the SRWTPand/or wastewater collection infrastructure.

hh) Public Utilities: 5.8-2. The proposed project, in combination withother development in the SRWTP service area, could increase wastewaterflows, but would not exceed treatment capacity at the SRWTP and/orwastewater collection infrastructure.

ii) Public Utilities: 5.8-3. The proposed project's demand for potablewater would not exceed available sources of water supply.


jj) Public Utilities: 5.8-4. The proposed project could require theconstruction of new water supply treatment and/or distribution utilities orthe expansion of existing treated water and water distribution systems.

kk) Public Utilities: 5.8-5. The proposed project could contribute tocumulative increases in water demand throughout the City.

II) Public Utilities: 5.8-6. The proposed project would contribute tocumulative increases in the need for water supply treatment and/ordistribution facilities.

mm) Public Utilities: 5.8-7. The proposed project would increase thedemand for electricity that could require the construction of new electricalproduction or transmission facilities.

nn) Public Utilities: 5.8-8. The proposed project would increase thedemand for natural gas that could require the construction of new gasproduction or transmission facilities.

oo) Public Utilities: 5.8-9. The proposed project, in combination withother development in the City of Sacramento, could exceed the electricalor natural gas supply and transmission capabilities.

pp) Transportation and Circulation: 5.9-11. Under Baseline PlusProject conditions, the project would not adversely affect existing bicycleor pedestrian facilities.

qq) Transportation and Circulation: 5.9-25. Under Cumulative PlusProject conditions, the project would not adversely affect existing bicycleor pedestrian facilities resulting in a less-than-significant cumulativeimpact.

B. LESS THAN SIGNIFICANT IMAPCTS FOR WHICH MITIGATION ISRECOMMENDED

The following less than significant environmental impacts of the Project, includingcumulative impacts, are being further mitigated and are set out below. Pursuant tosection 21081(a)(1) of CEQA and section 15091(a)(1) of the CEQA Guidelines, as toeach such impact, the City Council, based on the evidence in the record before it, findsthat changes or alterations incorporated into the Project by means of conditions orotherwise, mitigate, avoid or substantially lessen these less than significantenvironmental impacts of the Project. The basis for the finding for each identified impactis set forth below.

Agricultural Resources


Impact 5.2-1: Development of the proposed project would not have a significantadverse effect on agricultural resources or operations (e.g., impacts to soils orfarmlands, or impacts from incompatible uses).

Mitigation Measure (from MMP): The following mitigation measure(s) has beenvoluntarily adopted by the project applicant to address this impact:

MM 5.2-1: The Development Agreement shall include a specialcondition requiring the preservation of farmland at a 1:1 mitigation ratio bypreserving an equal amount of farmland elsewhere in Sacramento Countyat location(s) approved by the City comprised of Prime Farmland andFarmland of Statewide Importance, prior to the issuance of any gradingpermit, in order to reduce any impacts arising from the conversion of thecurrent agricultural uses at the project site to urban development. Wheremitigation provided pursuant to Mitigation Measure 5.4-3 for the loss ofSwainson's hawk foraging habitat also meets the requirements forfarmland mitigation, it shall be applied in satisfaction of the foregoingrequirement.

Finding: Impacts of the project on agricultural resources would result in the loss offarmland. By requiring the preservation of an equal amount of farmland inSacramento County, it will be assured that the impacts will remain lessthan significant. For these reasons, the impact remains less thansignificant.

Biological Resources

Impact 5.4-10: Development of the proposed project would not result in the loss ofindividual giant garter snakes and their upland habitat.

Mitigation Measure (from MMP): The following mitigation measure(s) has been adoptedto address this impact:

MM 5.4-10: The project applicant shall consult with the USFVVS toaddress potential impacts on giant garter snake (GGS). Due to theminimal area of potential impact, it is likely that the proposed project couldbe covered under the Programmatic Formal Consultation for U. S. ArmyCorps of Engineers 404 Permitted Projects with Relatively Small Effectson the Giant Garter Snake within Butte, Colusa, Fresno, Merced,Sacramento, San Joaquin, Solano, Stanislaus, Sutter and Yolo Counties,California. For construction activities within the vicinity of Morrison Creekor the ditch north of the project site, the following avoidance measuresshall be implemented consistent with the USFVVS-Standard Avoidanceand Minimization Measures During Construction Activities in Giant GarterSnake Habitat:


n Confine movement of heavy equipment to existing roadways tominimize habitat disturbance.

n Construction shall be restricted to the active season for GGS(mid-March through early October), or as determined inconsultation with the USFWS.

n Construction personnel shall receive Service-approved workerenvironmental awareness training. This training instructsworkers to recognize giant garter snakes and their habitat(s).

n 24-hours prior to construction activities, the project area shall besurveyed for giant garter snakes. Survey of the project areashould be repeated if a lapse in construction activity of twoweeks or greater has occurred. If a giant garter snake isencountered during construction, activities shall cease untilappropriate corrective measures have been completed or it hasbeen determined that the giant garter snake will not be harmed.Any sightings or incidental take will be reported to the Serviceimmediately.

Finding: No occupied giant garter snake habitat was found to be present on theproject site. Any potential impacts to the giant garter snake would beavoided by the above mitigation measure, by assuring that any potentialimpacts remain less than significant by requiring compliance with theUSFWS Standard Avoidance and Minimization Measures.

Noise

Impact 5.6-7: Traffic generated by the proposed project, in conjunction with traffic fromplanned future development in other surrounding areas of the City and County, couldpermanently expose sensitive receptors to increased cumulative noise levels fromInterstate 5.


5. 6- 7 Implement Mitigation Measure 5.6-4:

The project applicant shall have a certified acoustical professional preparea site-specific analysis for all residential uses fronting both sides of 1-5 thatdetails how exterior noise levels would achieve exterior noise levels lessthan 65 dB Ldn and interior noise levels less than 45 dB Ldn. The resultsof the analysis shall be submitted to the City of Sacramento for review andapproval and appropriate recommended noise reduction measures/designfeatures shall be incorporated into project design. Noise reductionmeasures/design features may include, but are not limited to the following:

a) Prior to final design review, all low-density and medium-density


residences west of 1-5 and medium-density residential residenceseast of 1-5 (in the 8.62-acre parcel adjacent to 1-5) would bedesigned and constructed to Title 24 standards which specify thatinterior noise levels attributable to exterior sources shall not exceed45 dBA Ldn in any habitable room of new dwellings.

b) Prior to issuance of occupancy permits, the project applicant wouldconstruct a sound wall west of the, southbound lane of traffic along1-5 with a minimum height of 15 feet, that is capable of reducingexterior noise levels below 65 dB Ldn outside the closest residentialunits. The project applicant would also construct a sound wall forresidences proposed north of the interchange (in the 8.62-acreparcel adjacent to 1-5) along the east side of the northbound lane of1-5 with a minimum height of 15 feet that is capable of reducingexterior noise levels below 65 dB Ldn outside the closest residentialunits.

Finding: Future study of noise conditions along the 1-5 corridor would ensure thatresidential interior and exterior noise levels would not exceed allowablemaximums. Construction of noise barriers would reduce 1-5 noise levelson adjacent proposed residential units to an acceptable level. For thesereasons, the impact remains less than significant.

C. SIGNIFICANT OR POTENTIALLY SIGNIFICANT IMPACTS MITIGATED TO ALESS THAN SIGNIFICANT LEVEL

The following significant and potentially significant environmental impacts of the Project,including cumulative impacts, are being mitigated to a less than significant level and areset out below. Pursuant to Section 21081(a)(1) of the Public Resources Code andSection 15091(a)(1) of the CEQA Guidelines, as to each such impact, the City Council,based on the evidence in the record before it, finds that changes or alterationsincorporated into the Project by means of conditions or otherwise, mitigate, avoid orsubstantially reduce to a level of less than significance these significant or potentiallysignificant environmental impacts of the Project. The basis for the finding for eachidentified impact is set forth below.

Agricultural Resources

Impact 5.2-2: Development of the proposed project could result in incompatible landuse with adjacent agricultural operations. Without mitigation, this is a significant impact.

Mitigation Measure (from MMP): The following mitigation measure(s) has beenadopted to address this impact:

MM 5.2-2: The project applicant or developer shall provide allfuture homeowners with a copy of the Right-to-Farm in California included


in the California Code of Regulations (CCR), Title 3, Sections 3482.5 and3482.6 that outline allowable farming and agricultural operations.

Finding: Significant impacts of the Project relating to incompatible land use withadjacent agricultural operations will be lessened by informing homeownerswith a Right-to-Farm disclosure of the farmers' protected right to continuefarming and agricultural operations. With implementation of the mitigationmeasure, this impact of the Project will be reduced to a less thansignificant level.

Impact 5.2-4: The proposed project, in conjunction with future development in the Cityand County, could result in incompatible land use with adjacent agricultural operations.


MM 5.2-2: The project applicant or developer shall provide allfuture homeowners with a copy of the Right-to-Farm in California includedin the California Code of Regulations (CCR), Title 3, Sections 3482.5 and3482.6 that outline allowable farming and agricultural operations.

Finding: Significant impacts of the Project relating to incompatible land use withadjacent agricultural operations will be lessened by informing homeownerswith a Right-to-Farm disclosure of the farmers' protected right to continuefarming and agricultural operations. With implementation of the mitigationmeasure, this impact of the Project will be reduced to a less thansignificant level.

Air Quality

Impact 5.3-1: Construction of the proposed project would generate emissions of ozoneprecursors.


MM 5.3-1(a): The project shall provide a plan, for approval by thelead agency in consultation with the SMAQMD, demonstrating that theheavy-duty (>50 horsepower) off-road vehicles to be used in theconstruction project, including owned, leased and subcontractor vehicles,would achieve a project wide fleet-average 20% NOx reduction and 45%particulate reduction compared to the most recent CARB fleet average attime of construction. The SMAQMD shall make the final decision on theemission control technologies to be used by the project constructionequipment; however, acceptable options for reducing emissions mayinclude use of late model engines, low-emission diesel products,


alternative fuels, engine retrofit technology, after-treatment products,and/or other options as they become available.

MM 5.3-1(b): The project applicant and/or contractor shall submit toSMAQMD a comprehensive inventory of all off-road constructionequipment, equal to or greater than 50 horsepower, that shall be used anaggregate of 40 or more hours during any phase of the constructionproject. The inventory shall include the horsepower rating, engineproduction year, and projected hours of use or fuel throughput for eachpiece of equipment. The inventory shall be updated and submittedmonthly throughout the duration of the project, except that an inventoryshall not be required for any 30-day period in which no constructionactivity occurs. At least 48 hours prior to the use of subject heavy-dutyoff-road equipment, the project applicant and/or contractor shall provideSMAQMD with the anticipated construction timeline, including start dateand name and phone number of the project manager and on-site foreman.

MM5.3-1(c): The project applicant and/or contractor shall ensure thatemissions from all off-road diesel powered equipment used on the projectsite do not exceed 40% opacity for more than three minutes in any onehour. Any equipment found to exceed 40% opacity (or Ringelmann 2.0)shall be repaired immediately and SMAQMD shall be notified within 48hours of identification of non-compliant equipment. A visual survey of allin-operation equipment shall be made at least weekly by contractorpersonnel certified to perform opacity readings, and a monthly summary ofthe visual survey results shall be submitted to the SMAQMD throughoutthe duration of the project, except that the monthly summary shall not berequired for any 30-day period in which no construction activity occurs.The monthly summary shall include the quantity and type of vehiclessurveyed as well as the dates of each survey.

MM5.3-1(d): Limit vehicle idling time to five minutes or less.

MM5.3-1(e): In consultation with SMAQMD staff, and prior to the issuanceof each grading permit, a construction mitigation fee and appropriateSMAQMD administrative fee shall be calculated and paid to the Districtbased on the number of acres to be graded and the equipment to be usedduring grading activities. Fees shall be calculated using the Carl Moyercost effectiveness figure of $16, 000 per ton of NOx, plus the 5%administrative fee, or applicable fee in effect at the time the grading permitis issued.

Finding: Impacts of the Project relating to the generation of ozone precursoremissions during the construction phase of the project would be reducedby requiring the Project applicant and/or contractor to: (i) provide a planfor the reduction of NOx emissions from heavy-duty off-road construction


vehicles by 20% on a fleet wide level and a particulate reduction of 45%based on CARB fleet averages at the time of construction; (ii) submit amonthly inventory to SMAQMD of all off-road construction equipmentequal to or greater than 50 horsepower that will be used an aggregate of40 or more hours during any phase of construction, and notifyingSMAQMD of the construction timeline and contact information for theproject manager and on-site foreman; (iii) make weekly surveys to ensurethat emissions from all off-road diesel powered equipment do not exceed40% for more than three minutes in any one hour period, providing suchsurveys to SMAQMD, and making repairs to any equipment which doesnot meet that standard with notice to SMAQMD; limit vehicle idling time tofive minutes or less; and (iv) paying the SMAQMD construction mitigationfee and SMAQMD administrative fee to fund SMAQMD's air qualitymitigation programs. With implementation of the mitigation measures, theconstruction phase air quality impacts of the Project will thereby bereduced to a less than significant level.

Impact 5.3-2: Construction of the proposed project would generate emissions ofparticulate matter.


MM 5.3-2(a): The project applicant shall limit the project's maximumacreage graded per day to no more than 15 acres or the project applicantshall model the project using a PM modeling program, such as theBEEST or AERMOD models, to determine the full PM impact of theproject under the proposed grading acreages. Upon completion of the PMmodeling, the results and recommended mitigation measures to reducePM emissions below SMAQMD thresholds shall be submitted to the Cityfor their approval. If more than 15 acres will be graded per day, dispersionmodeling following SMAQMD procedures shall be completed, andmitigation measures shall be approved by the City prior to the issuance ofgrading permits. In either case, the project applicant shall implementMitigation Measures 5.3-2(b) through (m) below and other mitigationmeasures, deemed appropriate, as a result of the PM modeling to reducelocal particulate matter concentrations below 50ug/m3 per day.

MM 5.3-2(b): All disturbed areas, including storage piles that are not beingactively used for construction purposes, shall be covered or watered withsufficient frequency as to maintain soil moistness.

MM 5.3-2(c): All on-site unpaved roads and off-site unpavedaccess roads shall be effectively stabilized of dust emissions using wateror a chemical stabilizer or suppressant.


MM 5.3-2(d): When materials are transported off-site, they shall becovered, effectively wetted to limit vehicle dust emissions, or maintainedwith at least 2 feet of freeboard space from the top of the container.

MM 5.3-2(e): All operations shall limit or expeditiously remove theaccumulation of project-generated mud or dirt from adjacent public streetsat least once every 24 hours when operations are occurring.

MM 5.3-2(f): Following the addition of materials to, or the removalof materials from, the surfaces of outdoor storage piles, the storage pilesshall be effectively stabilized of fugitive dust emissions using sufficientwater or a chemical stabilizer or suppressant.

MM 5.3-2(g): On-site vehicle speeds on unpaved roads shall belimited to 15 miles per hour.

MM 5.3-2(h): Wheel washers shall be installed for all trucks andequipment exiting from unpaved areas or wheels shall be washedmanually to remove accumulated dirt prior to leaving the site.

MM 5.3-2(i): Sandbags or other erosion control measures shall beinstalled to prevent silt runoff to public roadways from adjacent projectareas with a slope greater than 1 percent.

MM 5.3-26): Excavation and grading activities shall be suspendedwhen winds exceed 20 mph.

MM 5.3-2(k): The extent of areas simultaneously subject toexcavation and grading shall be limited, wherever possible, to theminimum area feasible.

MM 5.3-2(l): The text of this measure shall be included in allconstruction plans and specifications.

MM 5.3-2(m): For all future discretionary projects associated withthis project, either this measure shall apply, or additional PM analysis shallbe required, which may include BEEST modeling if maximum acreagegraded per day exceeds the acreage ranges in Table 81 of the SMAQMDGuide.

Finding: Impacts of the Project relating to the generation of particulate matterduring the construction phase of the project would be avoided andreduced by requiring the Project applicant to: (a) limit project grading to amaximum of 15 acres per day or performing a PM Modeling program andimplementing mitigation measures approved by the City if more than 15acres is to be graded, in order to reduce local particulate matter


concentrations below 50 ug/m3 per day; (b) cover or water all storagepiles that are not being actively used for construction purposes withsufficient frequency as to maintain soil moistness and thereby prevent PMemissions; (c) stabilize all on-site unpaved roads and off-site unpavedaccess roads with water or a chemical stabilizer or suppressant to preventPM emissions; (d) when materials are being transported off-site, keepthem covered and effectively wetted to limit dust emissions, or maintainthem with at least 2 feet of freeboard space from the top of the containerto limit dust emissions; (e) limit or expeditiously remove all accumulatedproject-related mud or dirt from adjacent public streets at least once every24 hours when construction operations are ongoing to reduce particulateemissions; (f) following the addition of materials to storage piles, or theremoval of materials therefrom, the storage piles shall be effectivelystabilized to prevent fugitive dust emissions using water or a chemicalstabilizer or suppressant; (g) limit on-site vehicle speeds to 15 mph toreduce PM generation; (h) install wheel washers or manually wash thewheels of all trucks and other equipment exiting unpaved areas to removeaccumulated dirt prior to leaving the site to reduce PM emissions; (i) installsandbags or other erosion control measures to prevent silt runoff to publicroadways from adjacent project areas with a slope greater than 1 percentand thereby prevent and reduce PM emissions; (j) suspend excavationand grading activities when winds exceed 20 mph to reduce and avoid PMemissions; (k) limiting the extent of areas simultaneously being excavatedand graded to the minimum area feasible to thereby reduce PMemissions; (I) include the text of these mitigation measures on allconstruction plans and specifications to reduce PM emissions; and (m)apply these mitigation measures to all future discretionary projects at thisproject or require additional PM analysis if the maximum acreage gradedper day exceeds the ranges found in Table B1 of the SMAQMD Guide inorder to reduce PM emissions. With implementation of the mitigationmeasures, the impacts of the Project will thereby be reduced to a lessthan significant level.

Impact 5.3-7: Construction of the proposed project combined with other developmentin the air basin would increase cumulative levels of ozone precursors.


MM 5.3-7: Implement Mitigation Measures 5.3-1 (a) through (e).

Finding: Impacts of the Project relating to an increase in cumulative levels of ozoneprecursors during construction of the project in combination with otherdevelopment in the air basin would be avoided by implementation of theforegoing mitigation measures. With implementation of the mitigation


measures, the impact of the Project will thereby be reduced to a less thansignificant level.

Impact 5.3-8: Construction of the proposed project combined with any otherdevelopment in the vicinity of the project site would increase cumulative levels ofparticulate matter.


MM 5.3-8: Implement Mitigation Measures 5.3-2(a) through (m).

Finding: Impacts of the Project relating to increases in the cumulative levels ofparticulate matter from construction of the project and development ofother projects in the vicinity would be avoided by requiring compliancewith Mitigation Measures 5.3-2(a) through (m) that will reduce the project'sparticulate matter emissions for the reasons previously noted above. Withimplementation of the mitigation measures, the impact of the Project willthereby be reduced to a less than significant level.


Impact 5.4-1: The proposed project would result in the filling or adverse modification ofjurisdictional wetlands, non-jurisdictional wetlands, and other "waters of the U.S.,,


MM 5.4-1(a): The project applicant shall, where feasible, preserve themaximum amount of existing wetlands and establish minimum 250-footbuffers around wetlands with listed species or 50-foot buffers aroundwetlands without listed species (species presence shall be verified asdescribed in Impact 5.4-3 or assumed). Where wetlands are preserved, aWetland Avoidance Plan (WAP) shall be prepared by a qualified biologistand submitted to the City for review and approval prior to the issuance ofgrading permits or any groundbreaking activity. The WAP shall includeproject designs that shall not cause significant changes to the pre-projecthydrology, water quality or water quantity in any wetland that is to beretained on site, and shall include maps and provisions for buffers that willprevent construction equipment, debris and sediment from enteringwetland features.

MM 5.4-1(b): Where avoidance of existing wetlands and drainages is notfeasible, mitigation measures shall be implemented prior to the approval ofgrading permits or any groundbreaking activity within 250 feet of wetlands


for the project-related loss of any existing wetlands, such that there is nonet loss of any wetland acreage or habitat value. The required distancecan be reduced to 50 feet where determinate surveys have shown nospecial status species within wetland features.

MM 5.4-1(c): Prior to the issuance of grading permits by the City for anywork within 250 feet of wetlands, the project applicant shall acquire allapplicable wetland permits. The required distance can be reduced to 50feet where determinate surveys have shown no special status specieswithin wetland features. These permits may include, but would not belimited to, a Section 404 Wetlands Fill Permit from the U. S. Army Corp ofEngineers, a Section 401 Water Quality Certification from the RegionalWater Quality Control Board, and/or a Section 1601 Streambed AlterationAgreement from the California Department of Fish and Game.

MM 5.4-1(d): Wetland mitigation shall be developed as a part of thepermitting process(es) as described above. Mitigation shall be providedprior to construction related impacts on the existing wetlands. The exactmitigation ratio is variable, based on the type and value of wetlandsaffected by the project, but agency standards typically require a minimumof 1:1 for preservation and 1:1 for restoration. In addition, unless othermitigation is required by permitting processes that would provide similar orgreater mitigation, a wetland mitigation and monitoring plan shall bedeveloped that includes the following:

- Descriptions of the wetland types, and their expectedfunctions and values;

- Performance standards and monitoring protocol to ensurethe success of the mitigation wetlands over a period of fiveto ten years;

- Engineering plans showing the location, size andconfiguration of wetlands to be created or restored;

- An implementation schedule showing that construction ofmitigation areas shall commence prior to or concurrently withthe initiation of construction; and

- A description of legal protection measures for the preservedwetlands (i.e., dedication of fee title, conservation easement,and/or an endowment held by an approved conservationorganization, government agency or mitigation bank).

Finding: Impacts of the project relating to the loss of jurisdictional wetlands, non-jurisdictional wetlands, and other waters of the U.S. will be reduced to aless than significant level through implementation of the foregoingmitigation measures because it will require preservation of existingwetlands to the maximum extent feasible, compensation for any wetlandsfilled, creation of buffers around preserved wetlands prior to grading andground breaking, obtaining permits from applicable agencies such as the


Corps of Engineers, Regional Water Quality Control Board and CaliforniaDepartment of Fish and Game, and adoption of an approved wetlandmitigation and monitoring plan for any wetlands preserved as well as anywetlands filled.

Impact 5.4-2: Implementation of the proposed project could result in the disturbance ofvernal pool fairy shrimp, vernal pool tadpole shrimp, midvalley tadpole shrimp andCalifornia linderiella and their habitat.


MM 5.4-2(a): The project applicant, in consultation with the USFWS, shalleither (1) complete surveys for federally listed branchiopods, or (2)assume presence of federally-listed branchiopods in all affected poolswhere surveys have not been completed. Surveys shall be conducted byqualified biologists in accordance with the most recent USFWS guidelinesor protocols to determine the time of year and survey methodology. Thesurvey(s) and subsequent report(s) shall include at a minimum:- A complete list of species observed in the vernal pools andseasonal wetlands.- A detailed description of methodology including dates of field visits,the names of survey personnel with resumes and a list of references citedand persons contacted.- Survey results that include at a minimum:

- A map showing the location(s) of any federally listedbranchiopods species identified within the project site.

- A detailed description of any identified federally listedbranchiopods or populations including information on thedensity, distribution and habitat quality relative to typicaloccurrences of the species in question.

- A discussion of the importance of the population(s) withconsideration of both nearby populations and total speciesdistribution.

- An assessment of significance related to project impacts onany federally listed branchiopods populations identified onthe project site.

MM 5.4-2(b): If surveys within the project site reveal no occurrences offederally listed branchiopods, no further mitigation would be required.However, if surveys determine that one or more federally listedbranchiopod species occur within the project site, or if the projectapplicant, in consultation with the USFVVS, assumes presence offederally-listed branchiopods in any affected pools, the following measuresshall be required for those pools with species surveyed or assumedpresent. The selected measures may be part of the permitting process.


- For every acre of habitat impacted, at least one wetland creationcredit shall be dedicated within a USFINS-approved mitigation bank.

- For every acre of habitat impacted, at least two wetlandpreservation credits shall be dedicated within a USFWS-approvedmitigation bank.

- The project proponent shall conduct Worker EnvironmentalAwareness Program (WEAP) training for construction crews (primarilycrew and foreman) and City inspectors before construction activitiesbegin. The WEAP shall include a brief review of the special statusspecies and other sensitive resources that could occur in the proposedproject site (including their life history and habitat requirements and whatportions of the proposed project area they may be found in) and their legalstatus and protection. The program shall also cover all mitigationmeasures, environmental permits and proposed project plans, such as theSVVPPP, BMPs, erosion control and sediment plan, and any otherrequired plans. During WEAP training, construction personnel shall beinformed of the importance of avoiding ground-disturbing activities outsideof the designated work area. The designated biological monitor shall beresponsible for ensuring that construction personnel adhere to theguidelines and restrictions. WEAP training sessions shall be conducted asneeded for new personnel brought onto the job during the constructionperiod.

- The project proponent shall ensure that activities that areinconsistent with the maintenance of the suitability of the remainingwetland habitat and associated watershed on-site are prohibited.

Finding: Impacts of the project relating to its potential impacts on the loss offederally-listed branchiopods and their habitat at the project site would bereduced to a less than significant level because the mitigation measureswould provide procedures to avoid impacts to the branchiopods and theirhabitat and provide compensatory mitigation under the auspices of theUSFWS and City for any branchiopods and their habitat lost due todevelopment of the project.


Impact 5.4-3: Development of the proposed project could result in the loss offoraging habitat for Swainson's hawk and other raptors.



MM 5.4-3: Prior to the issuance of grading permits, the project applicantshall preserve an equal amount of suitable raptor foraging habitat, at a 1:1ratio. Suitable foraging habitat includes fallow land, alfalfa or other lowgrowing crops. Preservation shall occur through the purchase of credits ata CDFG-approved mitigation bank which has the project within its servicearea, or through the purchase of conservation easements or fee title oflands with suitable foraging habitat within no further than a ten (10) mileradius of the perimeter of the project site, or through any combination ofthe foregoing. Any habitat identified by the applicant shall be evaluatedusing the following five criteria in consultation with the CDFG:

i. Does the mitigation parcel provide suitable foraging habitat?

ii. Is the parcel located in close proximity to the impactedforaging habitat?

iii. Is the parcel occupied or adjacent to active Swainson'shawk nests?

iv. Is the parcel adjacent to other protected habitat therebycontributing to a larger habitat preserve?

v. Is the parcel outside of areas identified for urban growth?

A mitigation plan shall be established and submitted to the City forapproval prior to the issuance of grading permits and, at a minimum, shallinclude confirmation of title and encumbrances, details on mitigation sitelocation, development, maintenance and monitoring. Any easements shallbe in compliance with Government Code Section 65965. Land andeasements shall be approved by the City in consultation with CDFG.

Finding: Implementation of this mitigation measure would avoid and reduce theimpacts to the Swainson's hawk, white tailed kite, burrowing owls andother raptors from the loss of foraging habitat at the project site to a lessthan significant level because it would preserve an equal amount offoraging habitat at a CDFG-approved mitigation bank which has theproject within its service area or with conservation easements or fee title oflands within no further than a ten (10) mile radius of the perimeter of theproject boundary, or a combination thereof.

Impact 5.4-4: Implementation of the proposed project could result in the disturbance ofnesting habitat for birds protected by the MBTA.


MM 5.4-4(a): Between March 1 and August 1, the project applicantor developer(s) shall have a qualified biologist conduct nest surveys within


30 days prior to any demolition/construction or ground disturbing activitiesthat are within X mile of potential nest trees. A pre-construction surveyshall be submitted to CDFG and the City of Sacramento that includes, at aminimum: (1) a description of the methodology including dates of fieldvisits, the names of survey personnel with resumes, and a list ofreferences cited and persons contacted; and (2) a map showing thelocation(s) of raptor and migratory bird nests observed on the project site.If no active nests of MBTA, CDFG or USFWS covered species areidentified then no further mitigation is required.

MM 5.4-4(b): Should active nests of protected bird species be identified inthe survey conducted in accordance with Mitigation Measure 5.4-4(a), theapplicant, or developer(s), in consultation with the City of Sacramento andCDFG, shall delay construction in the vicinity of active nest sites duringthe breeding season (March 1 through August 1) while the nest isoccupied with adults and/or young. A qualified biologist shall monitor anyoccupied nest to determine when the nest is no longer used. If theconstruction cannot be delayed, avoidance shall include the establishmentof a non-disturbance buffer zone around the nest site. The size of thebuffer zone shall be determined in consultation with the CDFG, but will bea minimum of 100 feet and no more than % mile. The buffer zone shall bedelineated with highly visible temporary construction fencing.

MM 5.4-4(c): No intensive disturbance (e.g., heavy equipment operationassociated with construction, use of cranes or draglines, new rockcrushing activities) or other project-related activities that could cause nestabandonment or forced fledging, shall be initiated within the establishedbuffer zone of an active nest between March 1 and August 1.

MM 5.4-4(d): If demolition/construction activities are unavoidable withinthe buffer zone, the project applicant shall consult with CDFG and the Cityto develop CDFG approved appropriate impact reduction and takeavoidance measures, which may include retaining a qualified biologist tomonitor the nest site or taking any nestlings to a local wildlife rehabilitationcenter.

Finding: Impacts of the project relating to its disturbance of nesting habitat for birdsprotected by the MBTA would be reduced to a less than significant levelbecause the proposed mitigation measures would restrict constructionactivities to times of the year outside of the breeding season to avoiddisturbance to nesting birds; if construction cannot be avoided during thebreeding season, then a pre-construction nesting survey by a qualifiedbiologist would be required, and if nests are found, then the creation ofbuffer zones around nest trees to minimize disturbance and the monitoringof those nests by a qualified biologist for disturbance.


Impact 5.4-5: Implementation of the proposed project could result in the disturbance ofnesting habitat for Swainson's hawks.


MM 5.4-5(a): Prior to any demolition/construction activities thatoccur between March 1 and September 15 the applicant or developer(s)shall have a qualified biologist conduct surveys for nesting migratory birdson the project site and within a half mile of demolition/constructionactivities unless the City and CDFG approve a reduced survey area.Surveys shall be conducted no more than 30 days prior to the start of sitedisturbance for each phase of the project. If there is a lapse inconstruction of more than two weeks, new surveys would be required. Ifno active nests are identified on or within a quarter mile of constructionactivities, a letter report summarizing the survey results shall be sent tothe City of Sacramento and no further mitigation is required.

MM 5.4-5 (b): If active nests are found, measures that will avoid impactsto nesting migratory birds, including measures consistent with the CDFGStaff Report Regarding Mitigation for Impacts to Swainson's Hawks in theCentral Valley of California shall be implemented as follows:

1. Nest trees shall not be removed unless there is no feasibleway of avoiding their removal.

2. If there is no feasible alternative to removing a nest tree, aManagement Authorization (including conditions to offset theloss of the nest tree) shall be obtained from CDFG with thetree removal period (generally between October 1 andFebruary 1) to be specified in the ManagementAuthorization.

3. No intensive disturbance (e.g., heavy equipment operationassociated with construction, use of cranes or draglines, newrock crushing activities) or other project-related activities thatcould cause nest abandonment or forced fledging, shall beinitiated within half mile or less, as determined by CDFG,(buffer zone as defined in the CDFG Staff Report) of anactive Swainson's hawk nest or 500 feet for other nestingbirds, between March 1 and September 15 or until August 15if a Management Authorization or Biological Opinion isobtained from CDFG for the project. The buffer zone maybe reduced in consultation with CDFG.4. If demolition/construction activities are unavoidablewithin the buffer zone of an active Swainson's hawk nestsite, the project applicant or developer(s) shall consult withthe CDFG and the City, and if necessary, obtain anincidental take permit issued pursuant to Fish and Game


Code section 2081.

Finding: Impacts of the Project relating to its disturbance of nesting habitat forSwainson's hawks would be reduced to a less than significant levelbecause the proposed mitigation measures would require surveys fornesting Swainson's hawks to confirm the presence of active nests duringthe appropriate nesting season. If construction activities cannot beavoided during the nesting season, then implementation of the mitigationmeasures would ensure that active nests are protected by institutingappropriate buffer zones and avoiding or minimizing disturbance to anynesting birds.

Impact 5.4-6: Development of the proposed project could result in the loss of activeburrowing owl nest burrows.


MM 5.4-6(a): Prior to the issuance of grading permits, the projectapplicant shall retain a qualified biologist to conduct a pre-constructionburrowing owl survey, in accordance with most current version of theCalifornia Burrowing Owl Consortium Burrowing Owl Survey Protocol andMitigation Guidelines. Surveys shall be conducted no more than 30 daysprior to the start of any demolition or construction activities. If no suitableburrows are found, no further mitigation is required. If suitable burrowsare found, but no owls are found, all burrows shall be hand-excavated andcollapsed prior to project construction. If nesting owls are found, nodisturbance shall be allowed within 160-feet of the active nest burrowbetween February I and August 31. Outside the nesting season, and/orupon confirmation by the qualified biologist, and in consultation withCDFG, that all young have fledged and left an active nest, burrowing owlspresent in the burrow shall be excluded from the burrow(s) by a qualifiedbiologist through a passive relocation as outlined in the CaliforniaBurrowing Owl Consortium's April 1993 Burrowing Owl Survey Protocoland Mitigation Guidelines. Once the burrows have been cleared, theymust be hand-excavated and collapsed prior to project construction.

MM 5.4-6(b): To offset the loss of foraging and burrow habitat on theproject site, and prior to issuance of grading permits, the project proponentshall preserve a minimum of 6.5 acres of foraging habitat (calculated on a100 m [approx. 300 ft.] foraging radius around the burrow) per pair orunpaired resident bird, in accordance with the most current "CaliforniaBurrowing Owl Consortium's Burrowing Owl Survey Protocol andMitigation Guidelines." The protected lands shall be adjacent to burrowingowl habitat and at a location acceptable to the CDFG. Protection ofadditional habitat acreage per pair or unpaired resident bird may beapplicable in some instances. Preservation shall occur through the


purchase of conservation easements or fee title of lands and anyeasements shall be in compliance with Government Code Section 65965.The project proponent shall provide funding for long-term managementand monitoring of the protected lands, by way of an endowment account(based on a Property Analysis Record type analysis) that is approved byCDFG. A mitigation and monitoring plan shall be submitted to CDFG andthe City for approval and include details on mitigation site location,development, maintenance and monitoring. The monitoring plan shallinclude success criteria, remedial measures, and an annual report to theDepartment. This mitigation could overlap with mitigation provided forSwainson's hawk foraging habitat as deemed appropriate by CDFG.

MM 5.4-6(c): If destruction of occupied burrows is unavoidable, theproject applicant shall coordinate with CDFG to identify existing suitableburrows located on the protected lands site to be enhanced (enlarged orcleared of debris) or new burrows created (by installing artificial burrows)at a ratio of 2:1.

Finding: Impacts of the Project relating to the loss of active burrowing owl nestburrows would be reduced to a less than significant level by requiring theapplicant to conduct surveys for nesting burrowing owls and potential nestburrows to confirm the presence of active nests during the appropriatenesting season. If construction activities cannot be avoided during thenesting season, then implementation of the mitigation measures wouldensure that active nests are protected by instituting appropriate bufferzones and avoiding or minimizing disturbance to any nesting burrowingowls, and by providing for the purchase and protection of compensatorylands with suitable burrowing owl nest sites if active nests are lost.

Impact 5.4-7: Development of the proposed project could result in the loss of habitator potential disturbance of valley elderberry longhorn beetle ("VELB").


MM 5.4-7(a) The proposed project shall be designed to avoid grounddisturbance within 100 feet of the dripline of elderberry shrubs identified inthe ECORP VELB surveys as having stems greater than or equal to oneinch in diameter. The 100 foot buffer could be adjusted in consultationwith the USFWS. If avoidance is achieved, a letter report confirmingavoidance shall be sent to the City of Sacramento and no furthermitigation is required.

MM 5.4-7 (b): If disturbance within 100 feet of the dripline of theelderberry shrub with stems greater than or equal to one inch in diameteris unavoidable, then the project applicant shall retain the services of aqualified biologist to develop a formal VELB mitigation plan in accordance


with the most current USFINS mitigation guidelines for unavoidable take ofVELB habitat pursuant to either Section 7 or Section 10(a) of the FederalEndangered Species Act. Prior to implementation by the applicant themitigation plan shall be reviewed and approved by the USFVVS.

MM 5.4-7 (c): If the VELB is delisted by the USFWS prior to the initiationof any ground disturbing, demolition, or construction activities, the projectapplicant shall proceed consistent with any requirements that accompanythe VELB delisting notice.

Finding: Impacts of the Project relating to its impacts on the VELB due to loss ofhabitat or potential habitat would be reduced to a less than significant levelbecause the proposed mitigation measures would require avoidance ofany elderberry bushes with stems equal or greater to one inch in diameter,or if avoidance cannot be achieved, then appropriate mitigation would berequired under the most current USFWS mitigation guidelines.

Impact 5.4-8: Development of the proposed project would include removal of treesthat could be protected by the City of Sacramento Tree Preservation Ordinance.


MM 5.4-8(a): Prior to issuance of grading permits or any groundbreakingactivity, whichever comes first, the applicant shall submit all grading andtrenching plans to the Urban Forest Services' (UFS) City Arborist forreview to ensure protection of Heritage trees located on site. Along withthis plan, a supplemental survey of trees that may be impacted byconstruction shall be conducted and a report shall be submitted. Thissurvey report shall include the dbh of all potentially impacted trees, whichshall be verified by the City Arborist. The City Arborist will provide writtenverification and additional protection measures not available at this time tothe City's Development Services Department prior to issuance of thegrading permit.

MM 5.4-8(b): Heritage trees identified by the City Arborist both on- andoff-site are recommended for preservation to the extent feasible withoutsubstantially altering the project site plan. If trees should require removal,the applicant/developer shall obtain authorization through a tree removalpermit from the City Urban Forest Services. The projectapplicant/developer shall coordinate with the City of Sacramento UrbanForest Services Division to identify any trees able to be preserved. If treesare identified for preservation, the applicant/developer shall coordinatewith the Urban Forest Services Division in preparation of a preservationplan for any and all trees identified for preservation. The preservation planshall include, but not be limited to the following measures 5.4-8(b)(i) thru


5.4-8(b)(xi) to prevent impacts to the trees during construction of theproposed project:

(i) A 6' high cyclone fence shall be installed around each tree ata distance determined by the City Arborist to protect treesfrom damage. This fencing will define the constructionexclusion zone (CEZ) and no vehicles, constructionequipment, mobile home%ffice, supplies, materials orfacilities shall be driven, parked, stockpiled or located withinthe CEZ of protected trees. A laminated sign indicating suchshall be attached to fencing surrounding trees onsite.Fencing shall be shown on all construction and preservationplans and shall be installed prior to any constructionactivities. The appropriate CEZ distances for trees 173, 186,109, 110, and 112 were previously determined by the CityArborist. Tree 173 shall require a 20.5' CEZ, tree 186 shallrequire a 17.5' CEZ, tree 109 shall require a 16.0' CEZ, tree110 shall require a 19.0' CEZ and tree 112 shall require a23.5' CEZ, if they are to be preserved.

(ii) Prior to any pruning of heritage trees, the applicant orcontractor shall obtain a heritage tree pruning permit fromUFS (808-6345). Any required pruning shall be performedby an International Society of Arborculture (ISA) certifiedarborist. The contractor shall contact the City arborist for aroot inspection(s) for trenching activities within the dripline(s)of trees to be saved.

(iii) If during excavation for the project, tree roots greater thantwo inches in diameter are encountered, work shall stopimmediately until the City Arborist can perform an on siteinspection. All roots shall be cut clean and the tree affectedmay require supplemental irrigation/fertilization and pruningas a result of the root cutting. The contractor will beresponsible for any costs incurred. Depending upon theamount of roots encountered and the time of year wet burlapmay be required along the sides of the trench.

(iv) The contractor shall be held liable for any damage to existingtrees, i.e. trunk wounds, broken limbs, pouring of anydeleterious materials, or concrete washout under the driplineof the trees. Damages will be assessed using the "Guide toPlant Appraisal" eighth edition, published by the InternationalSociety of Arborculture. An appraisal report shall besubmitted for review by the City Arborist.

(v) Drainage patterns on the site shall not be modified so thatwater collects or stands within 8 feet of the trunk of anyHeritage tree that is to be preserved.

(vi) No lawn irrigation system shall be installed within 8 feet ofthe trunk of any Heritage tree that is to be preserved unless


otherwise approved by Urban Forest Services.(vii) No planting of landscaping within 6 feet of the trunk of any

Heritage tree that is to be preserved unless otherwiseapproved by Urban Forest Services.

(viii) No trenching activity within 8 feet of the trunk of any Heritagetree that is to be preserved unless otherwise approved byUrban Forest Services.

(ix) No grading activity within 8 feet of the trunk of any Heritagetree that is to be preserved unless otherwise approved byUrban Forest Services. In the absence of an approvedgrading plan, the applicant/developer shall agree to mitigatefor the loss of any Heritage tree that the City Arboristdetermines has been irreparably damaged by grading orother construction activity.

(x) No impervious surfaces shall be allowed within 8 feet of thetrunk of any Heritage tree that is to be preserved unlessotherwise approved by Urban Forest Services.

(xi) City Ordinances 12.56.060 (Protection of trees), 12.060.040(Protection of Heritage trees during construction activities),and 12.064.050 (Maintenance responsibility -Permits foractivities affecting Heritage trees) must be followed at allphases of construction. Tree protection methods notedabove shall be identified on all construction plans for theProject.

MM 5.4-8(c): If Heritage trees 173, 186, 109, 110 and 112, or any otherheritage trees are unable to be preserved, prior to removal of these trees,the project applicant/developer shall coordinate with City of SacramentoUrban Forest Services Division to obtain the necessary permits forremoval of the trees in accordance with the Heritage Tree Ordinance (CityCode 12.64). All trees that fall under this category shall have asupplemental survey report prepared, as specified in Mitigation Measure5.4-8(a). All heritage trees removed shall be mitigated. Mitigation forremoved trees can be carried out onsite through the planting and care ofyoung trees as specified by the City Arborist, or through the payment of inlieu fees to the City of Sacramento Urban Forest Services Division at thecurrently accepted rate. If in lieu fees are paid, verification of paymentshall be provided to the Development Services Department. These feeswould be used to provide planting and care of replacement trees. If theapplicant can provide onsite mitigation, planting will be subject to thefollowing City of Sacramento Urban Forest Services conditions:• Preparation of a tree mitigation planting plan prepared for reviewand approval by Urban Forest Services which shall include the followingminimum elements:

1) Species, size and locations of all replacement plantings(the plan shall provide adequate planter and canopy space


for the trees to grow to maturity).2) Method of irrigation.3) A tree planting detail.4) Planting, irrigation, and maintenance schedules.5) Identification of the maintenance entity and a writtenagreement with that entity to provide care and irrigation ofthe trees.

-Inspection of nursery stock (prior to planting) by Urban Forest Services.-Post-planting inspection by Urban Forest Services.

Finding: Impacts of the Project relating to the removal of trees subject to the City ofSacramento's Tree Preservation Ordinance would be reduced to a lessthan significant level because the proposed mitigation measures wouldrequire the replacement planting of young trees for all protected treesremoved, as well as detailed planting and tree maintenance programs byan entity approved by the City's Urban Forest Services Division to mitigatefor the loss of heritage trees, as described in the EIR.

Impact 5.4-9: Construction of the proposed project could adversely affect special-status bats.


MM 5.4-9 (a): Prior to demolition and tree removal activities, the projectapplicant or developer(s) shall retain a qualified biologist to conduct afocused survey for bats and potential roosting sites within the project site.If no roosting sites or bats are found within the project site, a letterconfirming absence shall be sent to the City of Sacramento and no furthermitigation is required.

MM 5.4-9 (b): If bats are found roosting at the site outside ofnursery season (May 1 Sr through October I 't), then they shall be evictedas described under (c) below. If bats are found roosting during thenursery or maternity season, then they shall be monitored to determine ifthe roost site is a maternal roost. This could occur by either visualinspection of the roost bat pups, if possible, or monitoring the roost afterthe adults leave for the night to listen for bat pups. If the roost isdetermined to not be a maternal roost, then the bats shall be evicted asdescribed under (c). Because bat pups cannot leave the roost until theyare mature enough, eviction of a maternal roost cannot occur during thenursery season. A 250-foot (or as determined in consultation with CDFG)buffer zone shall be established around the roosting site within which noconstruction shall occur.

MM 5.4-9 (c): Eviction of bats shall, as specified above, be conducted


using bat exclusion techniques, developed by Bat ConservationInternational (BCl) and in consultation with CDFG, that allow the bats toexit the roosting site but prevent re-entry to the site. This would include,but not be limited to, the installation of one way exclusion devices. Thedevices shall remain in place for seven days and then the exclusion pointsand any other potential entrances shall be sealed. This work shall becompleted by a Bat Conservation International recommended exclusionprofessional.

Finding: Impacts of the Project on special-status bats during the Project'sconstruction would be reduced to a less than significant level because themitigation measures would require surveys for bats to confirm thepresence of bats during the appropriate maternity season, and ifconstruction activities cannot be avoided during that season, then theywould require appropriate buffer zones to protect the bat colonies andminimize the take of bats.

Impact 5.4-11: The proposed project, in combination with buildout of the City'sGeneral Plan and regional buildout assumed in the Sacramento Valley, could result in aregional loss of state and/or federally protected wetlands and wetland species.


MM 5.4-11: Implement Mitigation Measure 5.4-1.

Finding: Impacts of the Project relating to the cumulative loss of wetland resourcesand wetland species would be reduced to a less than significant levelbecause the proposed mitigation measure would help reduce the severityof the loss of wetlands at the project level through preservation ofwetlands at offsite locations, and would therefore be consideredcumulatively less than significant.

Impact 5.4-12: The proposed project, in combination with buildout of the City'sGeneral Plan and regional buildout assumed in he Sacramento Valley, could result in aregional loss of Swainson's hawk foraging habitat and other protected raptors.



Finding: Impacts of the Project relating to the cumulative regional loss of foraginghabitat for the Swainson's hawk and other raptors by reducing the severityof the loss of foraging habitat at the project level, through preservation offoraging habitat at offsite locations in order to reduce the Project's impacts


to a cumulatively less than significant level.

Impact 5.4-14: The proposed project, in combination with buildout of the City'sGeneral Plan, could result in the regional loss and/or disturbance of burrowing owls andtheir habitat.



Finding: Impacts of the Project relating to its contribution to the regional cumulativeloss of burrowing owls and their habitat would be avoided by the foregoingmitigation measure because it would require the avoidance of activeburrows during the nesting season and require the purchase of burrowingand foraging habitat for burrowing owls and allow for the passive removalof burrowing owls after all nestlings have fledged. As a result, it wouldreduce the Project's impacts to a less than significant level.

Impact 5.4-15: The proposed project, in combination with buildout of the City'sGeneral Plan and regional buildout assumed in the Sacramento Valley, could result inthe regional loss and/or disturbance of VELB and its habitat.


MM 5.4-15: Implement Mitigation Measure 5.4-6(a) through (d).

Finding: Impacts of the Project relating to cumulative impacts on the regional lossof VELB and its habitat would be avoided and reduced to a less thansignificant level by requiring the Project applicant/developer to comply withMitigation Measure 5.4-6 (a) through (d).

Impact 5.4-16: The proposed project, in combination with buildout of the City'sGeneral Plan, could result in the regional loss and/or disturbance of protected bats andtheir habitat.



Finding: Impacts of the Project relating to contributing to the regional loss and/ordisturbance of protected bats and their habitat at the Project site would bereduced to a less than significant level by requiring the Projectapplicant/developer to comply with Mitigation Measure MM 5.4-8 above


because they would restrict construction activities to times of the yearoutside of the nursery season to avoid disturbance to roosting sites.Although eviction of a maternal roost cannot occur during the nurseryseason, eviction of non-maternal roosts can occur following the batexclusion techniques, developed by Bat Conservation International (BCI)and in consultation with CDFG.

Cultural Resources (from Initial Study)

Impact-Cultural Resources: Earth-disturbing construction activities such as siteclearing, grading or trenching could uncover previously undiscovered paleontologicalresources or human remains.


14-1 Should paleontological resources be encountered during project-relatedearth-disturbing construction activities, all ground-disturbing activity within100 feet of the discovery shall be halted, and the City of SacramentoDevelopment Services Department shall be notified. The project applicantshall retain a paleontological professional to evaluate the find. Mitigationshall be conducted as follows:

1. Identify and evaluate paleontological resources by intense fieldsurvey where impacts are considered high;

2. Assess effects on identified sites;

3. Consult with the institution/academic paleontologists conductingresearch investigations within the geological formations that areslated to be impacted;

4. Obtain comments from the researchers; and

5. Comply with researchers' recommendations to address any

significant adverse effects where determined by the City to be

feasible.

14-2 The project applicant shall hire a qualified archaeologist to perform testtrenching in the area of the former Russian Embarcadero to determine ifthere are subsurface features or deposits associated with this era thatremain. If cultural resources are uncovered during test trenching datarecovery or other methods determined adequate by a qualifiedarchaeologist and that are consistent with the Secretary of the Interior's


Standards for Archaeological Documentation shall be implemented inorder to ensure that resources are not significantly impacted.

14-3 The project proponent shall hire a qualified archaeologist to monitor allground disturbing activities in the vicinity of the former RussianEmbarcadero and the dairy complex. If cultural resources are uncoveredduring construction Mitigation Measure 14-1 shall be implemented.

14-4 In the event that any prehistoric or historic subsurface archaeologicalfeatures or deposits, including locally darkened soil ("midden') that couldconceal cultural deposits, animal bone, obsidian, and/or mortar arediscovered during construction-related earth-moving activities, all ground-disturbing activity within 100 feet of the resources shall be halted and theCity of Sacramento Development Services Department shall be notified.The Development Services Department shall consult with a qualifiedarcheologist to assess the significance of the find. Impacts to anysignificant resources shall be mitigated to a less-than-significant levelthrough data recovery or other methods determined adequate by aqualified archaeologist and that are consistent with the Secretary of theInterior's Standards for Archaeological Documentation.

14-5 If human remains are discovered at any project construction sites duringany phase of construction, all ground-disturbing activity within 50 feet ofthe remains shall be halted immediately, and the City of SacramentoDevelopment Services Department and the County coroner shall benotified immediately. If the remains are determined by the County coronerto be Native American, the Native American Heritage Commission(NAHC) shall be notified within 24 hours, and the guidelines of the NAHCshall be adhered to in the treatment and disposition of the remains. Theproject proponent shall also retain a professional archaeologist with NativeAmerican burial experience to conduct a field investigation of the specificsite and consult with the Most Likely Descendant, if any, identified by theNAHC. As necessary, the archaeologist may provide professionalassistance to the Most Likely Descendant, including the excavation andremoval of the human remains. The County Coroner shall be responsiblefor approval of recommended mitigation as it deems appropriate, takingaccount of the provisions of State law, as set forth in CEQA Guidelinessection 15064.5(e) and Public Resources Code section 5097.98. Theproject applicant shall implement approved mitigation, to be verified by theCity of Sacramento Development Services Department, before theresumption of ground-disturbing activities within 50 feet of where theremains were discovered.

Finding: Mitigation measures 14-1 through 14-5, inclusive, would require a sitesurvey prior to construction, and monitoring of the site during construction,by a qualified archaeologist. The mitigation measures also requirecessation of work in the event remains are discovered. These measures


would reduce the impact to Cultural Resources to a less than significantlevel.

Hazards (from Initial Study)

Impact - Hazards: The Phase I ESA found several recognized environmentalconditions (REC) that could affect near-and subsurface soils beneath the project site,and which could be released during project construction. These could result in a releaseof hazardous material into the environment and expose people to hazardous materials.


9-1 Prior to the issuance of grading permits at the subject property, a Phase llESA shall be prepared by the project applicant, as recommended in thePhase I Environmental Site Assessment, Delta Shores, Sacramento,California, prepared by Toxichem Management Systems, Inc., February21, 2007. The Phase ll ESA shall provide additional information regardingthe recognized environmental conditions (RECs) present at the subjectproperty, determine whether the RECs pose. a threat during projectconstruction and/or operation, and recommend additional steps thatshould be taken to identify and control hazards that could pose a risk toconstruction workers and future occupants, including residents, children,visitors and workers. Such actions shall include, but would not be limitedto, soil and groundwater testing and data evaluation, remediation, orphysical and/or institutional controls to effectively manage contaminants tolevels that would not pose a human health or environmental risk.

9-2 If the results of the Phase 11 ESA indicate the need for remediation or riskmanagement, a work plan that describes how hazards will be managedshall be prepared by a qualified professional and submitted to the City inconjunction with any applications for a grading permit. The need for a site-specific risk assessment, use of target screening levels, and development(if required) of risk-based cleanup levels shall be addressed in the workplan. The City shall not issue grading permits until all identified hazardsare managed in accordance with the work plan approved by the City andthe Sacramento County Environmental Management Department(SCEMD). The work plan shall address how hazards to constructionworkers, future occupants, and visitors will be minimized. The work planshall identify the specific environmental controls that must be in place tomanage air emissions from soil or groundwater remediation, stormwaterrunoff controls from remediation sites, a health and safety plan, and on-and off-site movement, transport, and/or disposal of soil and groundwaterin accordance with state and local laws and regulations. In addition, theCity shall ensure grading/construction contracts specifically include anynotifications or restrictions that pertain to the potential for encounteringcontaminants in soil or groundwater. The need for reporting releases to,


or further consultation and/or approvals from the Department of ToxicSubstances Control and/or Regional Water Quality Control Board, shall bedetermined by the City in accordance with established regulations.

9-3 In the event that previously unidentified soil or groundwater contamination,USTs, or other features or materials that could present a threat to humanhealth or the environment are discovered during excavation and grading orconstruction activities, all construction within the project site shall ceaseimmediately, and the applicant shall retain a qualified professional toevaluate the type and extent of the hazardous materials contamination andmake appropriate recommendations, including, if necessary, thepreparation of a site remediation plan. Pursuant to Section 25401.05 (a)(1)of the California Health and Safety Code, the plan shall include: a proposalin compliance with applicable law, regulations, and standards for conductinga site investigation and remedial action, a schedule for the completion of thesite investigation and remedial action, and a proposal for any other remedialactions proposed to respond to the release or threatened release ofhazardous materials at the property. Work within the project site shall notproceed until all identified hazards are managed to the satisfaction of theCity and the SCEMD.

Finding: Mitigation measures 9-1 through 9-3, inclusive, would require thepreparation of a Phase II ESA to identify additional information regardingthe recognized RECs present at the project site, determine their severity,and recommend additional mitigation, if necessary. The adopted mitigationmeasures also require cessation of work in the event previouslyunidentified hazards are discovered during excavation, grading, orconstruction. These measures would reduce the exposure of sensitivereceptors to hazardous materials to a less than significant level.

Noise

Impact 5.6-1: Construction of the Proposed Project could temporarily expose existingsensitive receptors to increased noise levels.


MM 5.6-1: The project contractor(s) shall ensure that the followingmeasures are implemented during all phases of project construction:

(a) Whenever construction occurs on parcels adjacent toexisting off-site residential neighborhoods or schools or when it occursduring later project stages on parcels near residential and other noise-sensitive uses built on-site during earlier project stages, temporarybarriers shall be constructed around the construction sites to shield theground floor and lower stories of the noise-sensitive uses. These barriers


shall be of % inch Medium Density Overlay (MDO) plywood sheeting, orother material of equivalent utility and appearance, and shall achieve aSound Transmission Class of STC-30, or greater, based on certifiedsound transmission loss data taken according to ASTM Test Method E90.The barrier shall not contain any gaps at its base or face, except for thesite access and surveying openings. The barrier height shall be designedto break the line-of-sight and provide at least a 5 dBA insertion lossbetween the noise producing equipment and the uppermost story of theadjacent noise-sensitive uses. If, for practical reasons, which are subjectto the review and approval of the city, a barrier cannot be built to providenoise relief to the upper stories of nearby noise-sensitive uses, then itmust be built to the tallest feasible height.

(b) Construction activities shall comply with the City ofSacramento Noise Ordinance which limits such activity to the hours of7:00 a.m. to 6:00 p.m. Monday through Saturday, the hours of 9:00 a.m. to6:00 p.m. on Sunday, prohibits nighttime construction, and requires theuse of exhaust and intake silencers for construction equipment engines.

(c) Construction equipment staging areas shall belocated as far as possible from residential areas while still serving theneeds of construction contractor(s). Prior to the approval of allconstruction related permits, including grading permits, improvementplans, and building permits, a plan must be submitted fro approval to theCity showing the proposed location of all staging areas. This plan may beincluded with grading permit, improvement plan, and building permitsubmittals (i.e., it may be included in improvement plans) and can bereviewed and approved concurrently with permits,

(d) High noise activities, such as jackhammers, drills, impactwrenches and other generators of sporadic noise peaks, shall berestricted to the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday,unless it can be proved to the satisfaction of the City that the allowance ofSaturday work on certain onsite parcels (i.e., those as far from noise-sensitive uses as possible) would not adversely affect nearby noise-sensitive receptors. Prior to any such work outside of the specified hours,the applicant shall obtain written approval from the City.

Finding: Impacts of the Project's construction related noise on existing sensitivereceptors from increased construction noise levels would be reduced to aless than significant level by shielding construction activities and stagingconstruction equipment away from residential and school uses, limitingconstruction hours to daytime hours, and requiring use of exhaust andintake silencers on construction equipment. These measures wouldreduce the noise exposure of sensitive noise receptors on and off theproject site to the maximum extent feasible and ensure that excessivedisturbance to nearby receptors would not occur.

Impact 5.6-4: Operation of the proposed Project could permanently expose sensitive


receptors to increased traffic noise levels from Interstate 5.


MM 5.6-4: The project applicant shall have a certified acousticalprofessional prepare a site-specific analysis for all residential units frontingon both sides of 1-5 that details how exterior noise levels would achieveexterior noise levels less than 65 dB Ldn and interior noise levels lessthan 45 dB Ldn. The results of the analysis shall be submitted to the Cityof Sacramento for review and approval and appropriate recommendednoise reduction measures/design features shall be incorporated intoproject design. Noise reduction measures/design features may include,but are not limited to the following:

(a) Prior to final design review, all low-density and medium-density residences west of 1-5 and medium-density residences east of 1-5(in the 8.62 acre parcel adjacent to 1-5) would be designed andconstructed to Title 24 standards which specify that interior noise levelsattributable to exterior sources shall not exceed 45 dBA Ldn in anyhabitable room of new dwellings.

(b) Prior to issuance of occupancy permits, the projectapplicant would construct a sound wall west of the southbound lane oftraffic along 1-5 with a minimum height of 15 feet, that is capable ofreducing exterior noise levels below 65 dB Ldn outside the closestresidential units. The project applicant would also construct a sound wallfor residences proposed north of the interchange (in the 8.62 acre parceladjacent to 1-5) along the east side of the northbound lane of I-5 with aminimum height of 15 feet that is capable of reducing exterior noise levelsbelow 65 dB Ldn outside the closest residential units.

Finding: Impacts of the Project relating to traffic noise impacts from Interstate 5 onthe project's residential units nearest the freeway would be avoided byrequiring the construction of 15-foot high soundwalls, requiring a site-specific analysis of noise impacts by a qualified acoustical professional,and requiring the incorporation of the recommended noise reductionmeasures in project design to reduce noise. These measures wouldreduce the noise exposure of sensitive noise receptors on and off theproject site to a less than significant level.

Impact 5.6-5: Operation of the proposed Project could permanently expose sensitivereceptors on the project site to increased noise produced by both on-site and off-sitestationary and mobile sources.



MM 5.6-5(a): Prior to the issuance of building permits, the applicantshall submit engineering and acoustical specifications for projectmechanical HVAC equipment to the Planning Director (or their designee)demonstrating that the equipment design (types, location, enclosure,specifications) would control noise from the equipment to at least 10 dBAbelow existing ambient noise levels at nearby residential and other noisesensitive land uses.

MM 5.6-5(b): Garbage storage containers and retail/commercialbuilding loading docks shall be placed to allow adequate separation toshield adjacent residential or other noise-sensitive uses. If the placementof garbage storage containers or loading docks away from noise-sensitiveuses is not feasible, these noise-generating areas shall be enclosed oracoustically shielded to reduce noise-related impacts to these noise-sensitive uses. The location of garbage storage containers and loadingdocks shall be shown on building plans reviewed by the City. If thesenoise-generating structures will be located near sensitive uses, a planshall be submitted to the City for review and approval, demonstratingadequate acoustical shielding to reduce noise-related impacts to anappropriate level.

MM 5.6-5(c) Noise generating stationary equipment associatedwith proposed commercial and/or office uses, including portablegenerators, compressors, and compactors shall be enclosed oracoustically shielded to reduce noise-related impacts to noise-sensitiveresidential uses. Such shielding shall be detailed in all plans submitted tothe City for approval which include these equipment types.

MM 5.6-5(d) Prior to tentative map approval, the project applicantshall have a certified acoustical professional prepare a site-specificanalysis for residential uses adjacent to the Sacramento Job Corps facilitythat details how exterior noise levels would achieve exterior noise levelsless than 65 dB Ldn and an interior noise level of less than 45 dB Ldn.The results of the analysis shall be submitted to the City of Sacramento forreview and approval and appropriate recommended noise reductionmeasures/design features shall be incorporated into project design and beprinted on all construction documents. Noise reduction measures/designfeatures shall include, but are not limited to the following:

- All residences immediately west of the Sacramento JobCorps facility shall be designed and constructed to Title 24standards which specify that interior noise levels attributableto exterior sources shall not exceed 45 dB CNEL in anyhabitable room of new dwellings.

- The project applicant shall construct a rear-yard sound wallof adequate height and building specifications, asdetermined by the acoustical professional, between


residential uses located adjacent to the Sacramento JobCorps facility that would reduce exterior noise levels to lessthan 65 dB Ldn and interior noise levels to less than 45 dBLdn.

- All prospective buyers shall be informed of the operationalactivities that occur at the Sacramento Job Corps facility siteand the noise levels associated with those activities. Allresidential contracts shall include a disclosure statement thata purchaser lessee, or transferee signs at the time of sale,purchase contract of sale, transfer or lease of real property.

Finding: Impacts on sensitive noise receptors at the Project from onsite and offsitestationary and mobile noise sources would be avoided by requiring thatcommercial and/or office uses install noise attenuation devices and/orplacement of stationary noise generating equipment to ensure that noiselevels meet or exceed the legal requirement of the Sacramento MunicipalCode, as well as requiring that residences near the Sacramento JobCorps facility achieve exterior noise levels of 65 dB Ldn and interior noiselevels of 45 dB Ldn. These measures would reduce the noise exposure ofsensitive noise receptors to a less than significant level.

Public Services

Impact 5.7-1: The proposed Project could result in the construction of new, orexpansion of existing, police facilities, which could result in adverse environmentalimpacts.


MM 5.7-1: Prior to the issuance of building permits, the projectdeveloper shall enter into a funding agreement with the City ofSacramento Department of Development Services to pay its fair sharecontribution toward the development of the Sacramento PoliceDepartment's new Meadowview Area facility. The fair share contributionfor the proposed project has been determined to be $1,182,000.00 per theCity. Implementation of this funding agreement shall be monitored by theCity's Planning Department.

Finding: Impacts arising from the construction of new, or expansion of existing,police facilities arising from the project's need for police services would beavoided by requiring that the project developer enter into an agreementwith the City to pay its fair share contribution toward the City's cost ofproviding those facilities, which fair share has been determined to be$1,182,000.00. The agreement shall be entered into prior to the issuanceof any building permits. These measures would reduce this impact to a


less than significant level.

Impact 5.7-2: The proposed Project, in combination with other development in theCity, could result in the construction of new, or expansion of existing police facilities,which could result in adverse environmental impacts.



Finding: Impacts arising from the need for the construction of new, or expansion ofexisting, police facilities arising from the project's contribution to thecumulative need for police services would be avoided by requiring that theproject developer enter into an agreement with the City to pay its fairshare contribution toward the City's cost of providing those facilities, whichfair share has been determined to be $1,182,000.00. The agreement shallbe entered into prior to the issuance of any building permits. Thesemeasures would reduce this significant cumulative impact to a less thansignificant level.

Transportation and Circulation

Impact 5.9-1: Implementation of the proposed Project would result in an increase intraffic levels.


MM 5.9-1: The project applicant shall be required to develop theDelta Shores Finance Plan for review and approval by the City beforeproject approval. The plan shall identify the financing mechanisms for allfeasible transportation improvements defined as mitigation measuresincluding, but not limited to, new roadways, roadway widening, trafficsignals and public transit. The project applicant shall coordinatepreparation of the finance plan with the City of Sacramento. All mitigationmeasures with "fair share" contributions would be implemented throughthe proposed financing mechanism(s) indicated in the finance plan or bysome other mechanism as determined by the City of Sacramento. TheCity shall adopt the Delta Shores Finance Plan at the time the project isconsidered for approval.

Finding: Impacts arising from the project's contribution to increased traffic volumeson the transportation system in the vicinity of the project area would beavoided by requiring the creation and City approval of the Delta ShoresFinance Plan to provide financing mechanisms that will pay for the


construction of all feasible transportation improvements defined asmitigation measures, such as new roadways, roadway widening, trafficsignals and public transit. These actions would reduce this impact to aless than significant level.

Impact 5.9-2: Implementation of the proposed Project under Near-Term plus Pre-Interchange Scenario would affect the Meadowview Road/Freeport BoulevardIntersection.


MM 5.9-2: The project applicant shall construct an exclusiveeastbound right turn lane at the intersection of MeadowviewRoad/Freeport Boulevard. This improvement has to be in place at thetime when building permits for 200 dwelling units have been issued.

Finding: Project impacts arising from the reduction in LOS D to LOS E during thePM peak hour at the Meadowview Road/Freeport Boulevard intersectionwould be avoided by requiring the project applicant to construct anexclusive eastbound right turn lane to improve traffic flow at theintersection, thereby reducing delay and restoring LOS D. This actionwould reduce the significant impact to a less than significant level.

Impact 5.9-3: Implementation of the proposed Project under Near-Term plus Pre-Interchange Scenario could affect existing transit operations.


MM 5.9-3: The project applicant shall coordinate with RegionalTransit to provide transit facilities to serve the project area. The projectapplicant, in coordination with Regional Transit, shall also identify thespecific locations of sheltered transit stops with bus turnouts. The City ofSacramento Traffic Engineering Division, working in conjunction withRegional Transit, shall approve the location, design, and implementationtiming of the sheltered transit stops and bus turnouts prior to the issuanceof building permits. Construction of these onsite bus stop facilities shall bephased consistent with the phased development of the project. Oncedemand for public transit services reached 50 service requests, the projectapplicant shall work with Regional Transit to begin to provide transitservices and shall increase those services in proportion to thedevelopment levels and increased ridership levels occurring on the projectsite. Final design and operation of the transit service will be subject to theapproval of the City and other proposed operating agencies (e.g., RT).


Finding: Project impacts on existing transit operations would be avoided byrequiring the project applicant to coordinate the provisions of transitfacilities in the Project area with Regional Transit so that bus stops andbus turnouts are phased consistent with the phased development of theProject. This would reduce the project's contribution to this impact to aless than significant level.

Impact 5.9-5: Under the Near-Term plus Pre-Interchange Scenario, Projectconstruction could increase construction-related traffic on existing roadways.


MM 5.9-5: Before issuance of grading permits for the project site, theproject applicant shall prepare a detailed Traffic Management Plan thatwould be subject to review and approval by the City Department ofTransportation, Caltrans, and local emergency service providers includingthe City of Sacramento fire and police departments. The plan shall ensurethat acceptable operating conditions on local roadways and freewayfacilities are maintained. At a minimum, the plan shall include:- The number of truck trips, time, and day of street closures- Time of day of arrival and departure of trucks- Limitations on the size and type of trucks, provision of a staging

area with a limitation on the number of trucks that can be waiting- Provision of a truck circulation pattern- Provision of driveway access plan so that safe vehicular,

pedestrian, and bicycle movements are maintained (e.g., steelplates, minimum distances of open trenches, and private vehiclepick up and drop off areas)

- Maintain sate and efficient access routes for emergency vehicles- Manual traffic control when necessary- Proper advance warning and posted signage concerning street

closures- Provisions for pedestrian safety- A copy of the construction traffic management plan shall be

submitted to local emergency response agencies and theseagencies shall be notified at least 14 days before thecommencement of construction that would partially or fully obstructroadways.

Finding: Impacts from the Project's construction on existing roadways and freewayfacilities would be avoided by requiring the project applicant to prepareand submit for approval by the City Department of Transportation,Caltrans and local emergency service providers a constructionmanagement plan with minimum specified construction operatingrequirements as noted in MM 5.9-5 in order to assure that acceptable


roadway and freeway operating conditions are maintained during theProject's construction. This would reduce the Project's impact to a lessthan significant level.

Impact 5.9-6: Implementation of the Project under Baseline plus Project conditionscould affect the Meadowview Road/Freeport Boulevard intersection.


MM 5.9-6: The project applicant shall construct an exclusivesouthbound right turn lane at the intersection of MeadowviewRoad/Freeport Boulevard before completion of development that wouldgenerate 80 percent of the PM peak hour project traffic, assumingconstruction of the 1-5/Cosumnes River boulevard interchange and theCosumnes River Boulevard Extension west to Freeport Boulevard.

Finding: Impacts from the Project's PM peak hour traffic on the MeadowviewRoad/Freeport Boulevard intersection would be avoided or lessened byrequiring the construction of an exclusive southbound right turn lane inorder to restore acceptable traffic flow conditions at the intersection. Thiswould reduce the Project's impact to a less than significant level.

Impact 5.9-8: Under Baseline plus Project conditions, the MeadowviewRoad/Manorside Drive intersection may exceed the peak hour traffic signal warrant.


MM 5.9-8 The project applicant shall install a traffic signal at theMeadowview Road/Manorside Drive intersection before completion ofdevelopment that would generate 70 percent of the PM peak hour projecttraffic, assuming construction of the l-5/Cosumnes River Boulevardinterchange and the Cosumnes River Boulevard Extension west toFreeport Boulevard.

Finding: Impacts from the Project's AM and PM peak hour traffic on theMeadowview Road/Manorside Drive intersection would be avoided byrequiring the construction of a traffic signal at the intersection when 70percent of the Project's PM peak hour traffic is generated because thetraffic signal would restore operation of this intersection to LOS B duringthe AM and PM peak hours. This would reduce the Project's impact to aless than significant level.

Impact 5.9-10: Under Baseline plus Project conditions, the Project would have asignificant impact on existing transit operations.



MM 5.9-10: The Project applicant shall coordinate with RegionalTransit to provide transit facilities to serve the Project area. This mayinclude, but not be limited to, creating new bus routes or/add reroutingexisting bus services through the Project area to connect the Project sitewith the future light rail station at Morrison Creek or to Meadowviewstation or to downtown Sacramento. The Project applicant in coordinationwith Regional Transit, shall also identify the specific locations of shelteredtransit stops with bus turnouts. The City of Sacramento TrafficEngineering Division, working in conjunction with Regional Transit, shallapprove the location, design, and implementation timing of the shelteredtransit stops and bus turnouts prior to the issuance of building permits.Construction of these on-site bus stop facilities shall be phased consistentwith the phased development of the Project. Once demand for publictransit services reaches 50 service requests, the Project applicant shallcoordinate to begin to provide private transit services and shall increasethose services in proportion to the development levels and increasedridership levels occurring on the project site. Final design and operationof the transit service would be subject to the approval of the City and otherproposed operating agencies (e.g., RT).

Finding: Impacts of the Project on existing public transit operations would beavoided by requiring the construction of on-site bus stop and shelterfacilities, as well as requiring the project applicant to provide phasedtransit service as the Project is built subject to the approval of the City andother proposed operating agencies. This would reduce the Project'simpact to a less than significant level.

Impact 5.9-12: Under Baseline plus Project conditions, the proposed Project wouldhave a significant impact on existing roadways based on the routing of constructiontraffic.


MM 5.9-12: Implement Mitigation Measure 5.9-5

Finding: Impacts of the Project's construction activities on the transportationnetwork near the Project site would be avoided by requiring thepreparation and implementation of a Construction Traffic and ParkingManagement Plan, subject to the approval of the City traffic engineer, toreduce this impact from the Project's construction. This would reduce theProject's impact to a less than significant level.


Impact 5.9-15: Under Cumulative Plus Project conditions, the MeadowviewRoad/Freeport Boulevard intersection could be impacted by the Project.


MM 5.9-15: The project applicant shall pay a fair share towards theaddition of a second exclusive southbound left turn lane, an exclusivesouthbound right turn lane, and shall pay a fair share to recover costs forthe City's Traffic Operations center monitoring and retiming ofmodifications to the traffic signal to provide an overlap phase for thesouthbound right turn/eastbound left turn movements at the intersection ofMeadowview Road/Freeport Boulevard.

Finding: Impacts of the Project's traffic on the Meadowview Road/FreeportBoulevard intersection under Cumulative Plus Project conditions would beavoided by requiring the project applicant to fund a fair share of the cost toconstruct an additional second exclusive southbound left turn lane, anexclusive southbound right turn lane, and retiming of the traffic signals atthe intersection to improve traffic flow and restore the LOS to LOS C. Thiswould reduce the Project's impact to a less than significant level.

Impact 5.9-17: Under Cumulative plus Project conditions, the Mack Road/FranklinBoulevard intersection could be impacted by the Project.


MM 5.9-17: The Project applicant shall pay a fair share to covercosts for the City's Traffic Operations Center monitoring and retiming ofthe traffic signal to provide an overlap phase for the eastbound right-turn/northbound left-turn movements at the intersection of MackRoad/Franklin Boulevard.

Finding: Impacts of the Project's traffic on the Mack Road/Franklin Boulevardintersection under Cumulative Plus Project conditions would be avoidedby requiring the project applicant to fund a fair share of the cost to monitorand retime the traffic signal because it would result in the intersectionoperating at LOS D during the PM peak hour and there would be less thana5 second delay during the AM and PM peak hour. This would reduce theProject's impact to a less than significant level.

Impact 5.9-18: Under Cumulative plus Project conditions, the Cosumnes RiverBoulevard/Franklin Boulevard intersection could be impacted by the Project.



MM 5.9-18 The project applicant shall pay a fair share towards theaddition of a second exclusive northbound left-turn lane at the intersectionof Cosumnes River Boulevard/Franklin Boulevard.

Finding: Impacts of the Project's traffic on the Cosumnes River Boulevard/FranklinBoulevard intersection under Cumulative Plus Project conditions would beavoided by requiring the Project applicant to fund a fair share of the cost toconstruct a second exclusive northbound left-turn lane at the intersectionof Cosumnes River boulevard/Franklin Boulevard because while it wouldnot change the LOS, it would result in a less than five second increase indelay during the AM and PM peak hour. This would reduce the Project'scumulative impact to less than significant.

Impact 5.9-19: Under Cumulative plus Project conditions, the Cosumnes RiverBoulevard/Freeport Boulevard intersection could be impacted by the Project.


MM 5.9-19: The Project applicant shall pay a fair contribution toward theconstruction of the Cosumnes River Boulevard/Freeport Boulevardintersection as defined in the Delta Shores Finance Plan.

Finding: Impacts of the Project's traffic on the Cosumnes River Boulevard/FreeportBoulevard intersection under Cumulative Plus Project conditions would beavoided by requiring the Project applicant to fund a fair share of the cost toconstruct the Cosumnes River Boulevard/Freeport Boulevard intersectionand modify the traffic signal to provide overlap phasing for the northboundright-turn/westbound left-turn movements so the intersection wouldoperate at LOS D during the PM peak hour. This would reduce theProject's contribution to this cumulative impact to a less than significantlevel.

Impact 5.9-21: Under Cumulative plus Project conditions, the MeadowviewRoad/Manorside Drive intersection could be impacted by the Project.




Finding: Impacts of the Project's traffic on the Meadowview Road/Manorside Driveintersection under Cumulative Plus Project conditions would be avoidedby requiring the Project applicant to implement Mitigation Measure 5.9-8because it would result in the intersection operating at LOS B during theAM and PM peak hours, and therefore reduce this cumulative impact toless than significant.

Impact 5.9-22: Under Cumulative plus Project conditions, the 1-5 SB Off-Ramp atCosumnes River Boulevard - queues could be impacted by the Project.


MM 5.9-22: The project applicant shall pay a fair contributiontoward the construction of the interchange as defined in the Delta ShoresFinance Plan and the cost of widening the southbound off ramp and 1-5overcrossing additional eastbound lane.

Finding: Impacts of the Project's traffic on the length of vehicle queues at the 1-5and Cosumnes River Boulevard off-ramp would be avoided or lessenedbecause the Project applicant would be required to pay for a share of thecost to widen the southbound off ramp and 1-5 overcrossing with anadditional eastbound lane, and thereby reduce this cumulative impact toless than significant.

Impact 5.9-24: Under Cumulative plus Project conditions, the Project would have asignificant impact on existing transit operations.



Findings: Impacts of the Project's traffic on existing transit operations would beavoided by MM 5.9-24 and MM 5.9-10 because they would require theProject applicant to provide on-site bus stop and shelter facilities on thesite plan subject to the approval of the City's Department ofTransportation-Traffic Engineering Division; and provide for new busroutes and/or rerouting of existing bus services through the project area.Therefore this cumulative impact of the Project would be less thansignificant.

D. SIGNIFICANT AND UNAVOIDABLE IMPACTS

The following significant and potentially significant environmental impacts of the Project,including cumulative impacts, are unavoidable and cannot be mitigated in a manner that


would substantially lessen the significant impact. Notwithstanding disclosure of theseimpacts, the City Council elects to approve the Project due to overriding considerationsas set forth below in Section H, the statement of overriding considerations.

Air Quality

Impact 5.3-3: Operation of the proposed project would contribute to emissions ofozone precursors.


MM 5.3-3 (a): The project applicant shall implement the emissionreduction strategies contained in the Delta Shores AirQuality Management Plan (AQMP). The AQMP shallbe endorsed by the SMAQMD prior to the release ofthe Draft EIR. Documentation confirmingimplementation of the AQMP shall be provided to theSMAQMD and the City of Sacramento prior toissuance of occupancy permits, as required.

MM 5.3-3 (b): Prior to the issuance of buildingpermits for the commercial portion of the project, theproject applicant shall either enter into an existingTransportation Management Association (TMA) orcreate a new TMA to serve the project area. Fundingshall be provided by the project applicant through aCommunity Facilities District (CFD) or other financingmechanism approved by the City.

Finding: Although the AQMP would be endorsed by the SMAQMD, that plan wouldnot in and of itself reduce project emissions. Implementation of emissionreduction strategies could be effective, but not enough to reduceemissions levels to an acceptable level.

For these reasons, the impact remains significant and unavoidable.

Impact 5.3-9: Operation of the proposed project combined with other on-goingdevelopment in the air basin would increase cumulative levels of ozone precursors.



Finding: Impacts of the Project relating to cumulative impacts arising from


increased levels of ozone precursors due to operation of the project inconjunction with other on-going development in the air basin would bereduced by the foregoing mitigation measure, but not to a less thansignificant level because specific levels of reduction would not reduce thetotal emissions generated below the SMAQMD threshold of 65 lbs/day.Consequently, even with implementation of the SMAQMD recommendedemission reduction measures set forth in Mitigation Measure 5.3-3, thepredicted emissions of ozone precursors by the project would remainsignificant and unavoidable. The environmental, economic, social andother benefits of the project override the remaining impacts of the projectrelating to its increase in the cumulative emissions of ozone precursorsfrom operation of the project.

Noise

Impact 5.6-3: Operation of the proposed Project could permanently expose sensitivereceptors to increased traffic noise levels from local roadways.


MM 5.6-3: At the time of building permits, the project applicant ordeveloper shall be required to comply with the City's adopted GeneralPlan policies that pertain to acceptable noise levels. This may requireconstruction of a soundwall, if appropriate and feasible given the exposurecircumstances of the residence(s) along 24th street, to traffic noise.

Finding: Impacts of the Project relating to increased noise impacts from localroadways on sensitive receptors would be reduced by requiringcompliance with the City's adopted General Plan plans and policies thatpertain to acceptable noise levels, including the possible construction of asoundwall at residence(s) along 24 th Street to minimize traffic noise.However, due to uncertainty over whether it is feasible to constructsoundwalls in this area, and uncertainty over whether the draft policies inthe 2030 General Plan could change before the 2030 General Plan isadopted, this impact would be significant and unavoidable.

Traffic and Circulation

Impact 5.9-7: Implementation of the Project under Baseline plus Project conditionscould affect the Meadowview Road/24th Street intersection.


MM 5.9-7: No feasible mitigation available.


Finding: Impacts of the Project relating to reductions in the level of service andincreased delays at the Meadowview Road/24t" Street intersection couldbe reduced by requiring construction of a second exclusive southboundleft-turn lane and retiming of the traffic signal to provide an overlap phasefor northbound right-turn/eastbound left-turn movements to minimize trafficimpacts. However, those measures would not restore the LOS and it isnot feasible to widen this intersection to add an additional lane because itwould require the removal of buildings, would not be consideredpedestrian friendly, and would not comply with the City's Smart GrowthPolicies. Consequently, there is no feasible mitigation measure availableand this impact would remain significant and unavoidable.

Impact 5.9-9: Under Baseline plus Project conditions, the Project would have asignificant impact on freeway operations.


MM 5.9-9: The project applicant shall be required to pay a fair sharedevelopment impact fee toward the 1-5/Cosumnes River Boulevardinterchange construction and the 1-5 corridor impact fee that is in effect atthe time of issuance of building permits.

Finding: Impacts of the Project relating to increased traffic volumes on the mainlinefreeway corridor and nearby interchanges would be reduced by requiringpayment of the 1-5 corridor impact fee that is in effect at the time ofissuance of building permits; however, the contribution of this funding formainline freeway corridor improvements does not ensure that the project'simpacts of the mainline freeway system would be fully mitigated, since aprogram of improvements and the timing of their construction has not yetbeen determined by the multi-agency committee that is developing the 1-5corridor impact fee. Due to that uncertainty, this impact would beconsidered significant and unavoidable.

Impact 5.9-13: Under Cumulative Plus Project conditions, the segment of CosumnesRiver Boulevard from 1-5 to Delta Shores Circle could be impacted by the Project.


MM 5.9-13: No feasible mitigation available.

Finding: Impacts of the Project relating to increased traffic volumes on CosumnesRiver Boulevard between the 1-5/Cosumnes River Boulevard Interchangeand Delta Shores Circle (west) could be reduced by expanding thatsegment of Cosumnes River Boulevard to eight lanes. However, the City


finds it infeasible to widen Cosumnes River Boulevard from 6 to 8 lanesbecause to do so would be inconsistent with the City's goals, policies andobjectives. Therefore, this impact would remain significant andunavoidable.

Impact 5.9-14: Under Cumulative Plus Project conditions, the segment of DetroitBoulevard south of Meadowview Road could be impacted by the Project.


Mitigation Measure: None Available.

Finding: The Council finds that there is no feasible mitigation measure availablebecause widening 24th Street to 4 lanes would require additional right ofway, which is not available, as well as have adverse impacts on severalresidential buildings on both sides of the street and eliminate all parkingand bike lanes. These changes would not be consistent with the City'sPedestrian Friendly Standards and Smart Growth Policies. Consequently,there is no feasible mitigation and the impact would remain significant andunavoidable.

Impact 5.9-16: Under Cumulative plus Project conditions, the Meadowview Road/24 thStreet intersection could be impacted by the Project.


Mitigation Measure: None available.

Finding: The Council finds that there is no feasible mitigation measure becausewidening the intersection to add lanes would require additional right of wayand be beyond the applicant's control, as well as adversely affect existingbuildings. Increasing the number of travel lanes at the intersection, whichis near an existing community center, is not considered pedestrian friendlyand does not meet the City's Smart Growth Policies. Consequently, thereis no feasible mitigation and the impact would remain significant andunavoidable.

Impact 5.9-20: Under Cumulative plus Project conditions, the Cosumnes RiverBoulevard/Delta Shores Circle (West) intersection could be impacted.


MM 5.9-20: The Project applicant shall construct two southbound through


lanes and two northbound through lanes on Delta Shores Circle Southbetween Cosumnes River Boulevard and Street D (north). The Projectapplicant shall pay a fair share towards modifying the planned westboundapproach of the Cosumnes River Boulevard/l-5 northbound rampsintersection to provide two through lanes and two exclusive right-turn(mixed flow) lanes. This configuration would allow mixed flow vehicles touse both westbound right-turn lanes to enter the northbound on-ramp.This differs from the planned configuration which only allows highoccupancy vehicles (HOV) to turn right from a shared through/right-turnlane. The HOV bypass lane would begin just downstream on thenorthbound on-ramp.

Findings: Impacts of the Project's traffic on the Cosumnes River Boulevard/DeltaShores Circle (West) intersection under Cumulative Plus Projectconditions would be reduced but not completely avoided by MM 5.9-20because it would result in the intersection operating at LOS D during theAM and PM peak hours; in addition, widening of the intersection toachieve LOS C would be inconsistent with the City's goals and policies tocreate Pedestrian-Friendly Streets and its Smart Growth Policies.Therefore, the Project's contribution to this cumulative impact wouldremain considerable and the impact would be significant and unavoidable.

Impact 5.9-23: Under Cumulative plus Project conditions, the Project wouldl have asignificant impact on freeway operations.



Findings: Impacts of the Project's traffic on the state highway system near theProject would be reduced but not completely avoided or lessened by MM5.9-9 because the contribution of funding for the 1-5/Cosumnes RiverBoulevard interchange construction costs, and payment of a regionalimpact fee for the 1-5 corridor improvements, will not ensure that theProject's impacts on the mainline freeway system would be fully mitigated.Therefore the impact of the Project would remain significant andunavoidable.

E. FINDINGS RELATED TO THE RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIRONMENT AND MAINTENANCE ANDENHANCEMENT OF LONG-TERM PRODUCTIVITY

Based on the EIR and the entire record before the City Council, the City Council makesthe following findings with respect to the project's balancing of local short term uses ofthe environment and the maintenance of long term productivity:


• As the project is implemented, certain impacts would occur on a short-term level.Such short-term impacts are discussed above. Where feasible, measures havebeen incorporated in the project to mitigate these potential impacts.

• The project would result in the long-term commitment of resources to developand operate the project including water, natural gas, fossil fuels, and electricity.The long-term implementation of the project would provide economic benefits tothe City. The project would be developed adjacent to an existing urban area andwithin the existing City limits and not contribute to urban sprawl. Notwithstandingthe foregoing, some long-term impacts would result.

Although there are short-term and long-term adverse impacts from the project, theshort-term and long-term benefits of the project justify implementation.

F. PROJECT ALTERNATIVES

CEQA requires the City to consider the feasibility of any environmentally superioralternatives to the Project, as proposed. An evaluation must be made by the City as towhether one or more of these alternatives could substantially lessen or avoid theunavoidable significant environmental effects. (Citizens for Quality Growth v. City ofMount Shasta (1988) 198 Cal.App.3d 433, at 443-445 [243 Cal. Rptr. 727]; see alsoPublic Resources Code, Section 21002.) An EIR is required to evaluate a reasonablerange of alternatives that would attain most of the basic objectives of the proposedproject, but would avoid or substantially lessen the significant effects of the projectunder review. (CEQA Guidelines, Section 15126.6)

In preparing and adopting findings, a lead agency need not necessarily address thefeasibility of both mitigation measures and environmentally superior alternatives whencontemplating approval of a proposed project with significant impacts. Where asignificant impact can be mitigated to an acceptable level (i.e., can be substantiallylessened) solely by the adoption of mitigation measures, the agency, in drafting itsfindings, has no obligation even to consider the feasibility of environmentally superioralternatives, even if their impacts would be less severe than those of the proposedproject as mitigated. (Laurel Hills Homeowners Association v. City Council (1978) 83Cal.App.3d 515, 521 [147 Cal.Rptr. 842]; see also, Laurel Heights ImprovementAssociation of San Francisco, Inc. v. Regents of the University of California (1988) 47Cal.3d 376, 400-403 [253 Cal.Rptr. 426]; Kings City Farm Bureau v. City of Hanford(1990) 221 Cal.App.3d 692, 730-731 [270 Cal.Rptr. 650]; see also Public ResourcesCode, Section 21002.)

Additionally, factors such as site suitability, availability of infrastructure, general planconsistency, other plans or regulatory limitations, jurisdictional boundaries, and siteaccessibility and control should also be considered and evaluated in the assessment ofalternatives.


The City Council has considered the Project alternatives presented and analyzed in theEIR and presented during the comment period and public hearing process. Some ofthose alternatives have the potential to avoid or reduce certain significant or potentiallysignificant environmental impacts, as set forth below. The City Council finds, based onspecific economic, legal, social, technological, or other considerations, that thosealternatives were infeasible as set forth below.

Alternatives Considered and Dismissed from Further Consideration

Retail on the East and West Side of Interstate-5 Alternative

The project applicant considered an alternative that would place-the two proposed retaildevelopments on either side of 1-5 off of Cosumnes River Boulevard. While maintainingsome of the density and mix of uses as the proposed project, this alternative couldincrease the magnitude of impacts, specifically, traffic congestion, water demand, andair emissions. By locating the retail uses on either side of 1-5, it would change the urbancharacter and connection of land uses achieved in the proposed project. Furthermore,this alternative would eliminate the mixed-use Village Center from the easterly portion ofthe project site, which would service the residents in that area. The net result of thisalternative would be equal or greater levels of congestion on regional roadways, airpollutant emissions, and other effects caused by this type of development pattern.

It is unlikely that this alternative would generate adequate revenues to support the highcost of infrastructure improvements necessary to make the site developable, as such,this alternative would be infeasible.

Because retail uses on the east and west side of 1-5 Alternative would result in equal orgreater environmental effects and would be infeasible to implement, it was not furtherconsidered or evaluated in the El R.

Retail Corridor Alternative

The Retail Corridor Alternative would consist of retail development in a long corridoralong the newly constructed Cosumnes River Boulevard with the remainingdevelopment in residential uses. The proposed development would consist of multiplelarge retail projects with varying densities of housing located behind the retail corridorstretching along Cosumnes River Boulevard from 1-5 to 24th Street.

The Retail Corridor Alternative serves to bifurcate the project site along CosumnesRiver Boulevard into two non-synergistic developments. This alternative would fail tomeet the stated objectives of the proposed project because it does not provide for tworetail centers. Development of the Retail Corridor Alternative would result in a lessdense and a decentralized retail project. It is anticipated that the net result of this typeof development would not reduce any of the significant environmental effects associatedwith the proposed project.

Because the Retail Corridor Alternative would not reduce or avoid significant impacts


identified under the proposed project and because it would fail to meet some of theobjectives of the proposed project, it is not further considered or evaluated in this EIR.

Off-Site Alternative

Section 15126.6(f)(2)(B) of the CEQA Guidelines states that "[i]f the lead agencyconcludes that no feasible alternative locations exist, it must disclose the reasons forthis conclusion, and should include the reasons in the EIR. For example, in some casesthere may be no feasible alternative locations for a geothermal plant or mining projectwhich must be in close proximity to natural resources at a given location."

The project site is the largest remaining contiguous vacant piece of land within the Cityof Sacramento and is the only site within the City large enough to accommodate theproposed project. While the construction of residential, office, retail, or other usesidentified in the project site could be accomplished through construction at acombination of other locations in the City, no other single location would be largeenough to accommodate the project and meet the objectives of the project. In thiscase, no feasible off-site location exists that could accommodate the project or achievethe objectives of the project. As such, the evaluation of an Off-Site Alternative is notfurther considered in this EIR.

Summary of Alternatives Considered

No Project/No Development Alternative

Under CEQA, the No Project/No Development Alternative must consider the effects offorgoing the project. The purpose of analyzing the No Project/No DevelopmentAlternative is to allow decision-makers to compare the impacts of the proposed projectversus no project. The No Project/No Development Alternative describes theenvironmental conditions that exist at the time that the environmental analysiscommences (CEQA Guidelines, section 15126.6 (e) (2)). Under the No Project/NoDevelopment Alternative, the existing structures on the site would remain and the sitewould not be developed. It would remain primarily in agricultural production.

Facts in Support of Finding of Infeasibility

The No Project/No Development Alternative would not meet any of the projectobjectives.

No Project/Existing Zoning Alternative

The No Project/Existing Zoning Alternative assumes that the proposed project sitewould be developed consistent with currently allowable land uses, zoning, anddevelopment intensities.

The City of Sacramento General Plan currently designates the majority of the project


site for Industrial-Employee Intensive uses, such as a high-tech business park. OtherGeneral Plan land use designations include Community/ Neighborhood Commercial andOffice (CNO), Low Density Residential (LDR), Medium Density Residential (MDR),Regional Commercial and Office (RCO), Parks-Recreation-Open Space (P/OS), andPublic/Quasi-Public-Miscellaneous (P/QP).

Current zoning districts for the project site include Agricultural (A), Shopping Center-Planned Unit Development (SC-PUD), Single Family Alternative Residential-PUD (R-1A-PUD), Single Family Alternative Review-PUD (R-1A-R-PUD), Multi-Family-PUD (R-2A-PUD), and Manufacturing, Research & Development-PUD (MRD-PUD).


The No Project/Existing Zoning Alternative would result in the same significant impactsas the proposed project and would not meet the project objectives.

Reduced Density/All Residential Alternative

The Reduced Density/All Residential Alternative assumes that the regional commercialuses proposed by the project would not be developed and would be replaced byresidential uses. The smaller neighborhood commercial area within the project sitewould however, still be developed. In addition to the removal of the regionalcommercial uses, the density of the residential component under this alternative wouldbe reduced by 20 percent, to 4,178 units. Assuming that approximately 42 acres of theregional commercial uses would be developed as medium-density residential and theremaining 83.6 acres would be developed as low-density residential with a 20 percentdensity reduction from the maximum densities, the 121.9 acres of regional commercialuses would be replaced by approximately 460 medium-density units and 462 low-density units, for a total of 922 residences replacing the 121.9 acres of regionalcommercial uses proposed under the project. When combined with the overall 20percent reduction in the number of residential units proposed under the proposedproject, this would result in a total of approximately 5,100 residential units that would bedeveloped as part of this alternative. Although there would be a 20 percent reduction indensity, the replacement of the regional commercial uses with residential developmentwould result in a net loss of only 122 residential units relative to the proposed project,nearly replacing the residential units lost due to the density reduction. This alternativewould develop all of the other uses proposed by the project, including 19.9 acres ofresidential/mixed-use, two elementary schools, parks, open space, fire station, andother public uses. This alternative assumes the project's footprint would remain thesame.


The Reduced Density/All Residential Alternative would not the proposed projectobjectives of providing housing in close proximity to employment centers, providingregional and neighborhood serving retail, or providing hospitality uses to serve travelerson 1-5.


Conclusion.

The Council finds that none of the above Alternatives are feasible because they will notfully meet the Project's objectives as set forth above in these Findings. The No Project -No Build Alternative would result in the project site remaining vacant, but it would notachieve any of the Project objectives. The No Project - Buildout Pursuant to ExistingDesignations Alternative would result in the same significant impacts as the proposedproject and would not meet the project objectives.

G. FINDINGS REGARDING GROWTH-INDUCING AND CUMULATIVEIMPACTS

As required by CEQA, the EIR evaluated the growth-inducing impacts of the Project andthe cumulative impacts of the Project (CEQA Guidelines, Sections 15126.2). Thesignificant growth-inducing and cumulative impacts are set forth in this Section G.

It should be noted that in some cases the impacts described in this Section have beenoutlined in other sections above and appropriate mitigation imposed and findings madewith respect thereto. For instance, impacts relating to the Project's air quality aredescribed above. In such instances, additional mitigation measures may beunnecessary and the mitigation measures considered above are hereby incorporated byreference in this Section G.

1. Land Use.

Description: The project site, as well as lands to the east of it, have been slated forfuture development for many years under the General Plan.

Mitigation Measures. The mitigation measures expressed throughout the EIR mitigate,to the extent possible, any potential growth-inducing impacts of the Project.

Findin : The Council finds that the Project will have not have any new, significant andunavoidable growth-inducing impacts not already examined in the EIR.

2. Traffic and Circulation.

Description. An established transportation network exists in the area surrounding theproject site that offers local and regional access to the project site. Development of theproject's internal circulation system would remove an obstacle to growth in the projectarea, although growth to the west would be limited by the Sacramento River and growthto the south would be limited by the SRCSD Bufferlands and City of Elk Grove. Landsnorth of the project are developed and lands to the east are already slated for futuredevelopment.

Mitigation Measures: The mitigation measures adopted with respect to the


transportation and circulation impacts identified above are hereby incorporated byreference and specifically found to lessen and avoid the specific, as well as the general,cumulative traffic and circulation impacts of the Project.

Finding: Based on the EIR and the entire Record before the Council, the Council findsthat the Project will have not have significant cumulative growth inducing impacts on thetransportation and circulation system with implementation of mitigation measuresidentified above and in the EIR.

3. Utilities

Description. The project site does not contain water service infrastructure, but waterservice would be provided by connecting to existing water transmission mains inMeadowview Road and 30t" Street. These lines would could also extend water serviceto lands east of the project site and remove that obstacle to growth. The project wouldconnect to existing sewer pipelines which run through the project site and at thenorthern boundary of the site. Those connections would enable growth within theproject site and possible growth at the land immediately east of the site. Electricity andnatural gas transmission infrastructure exists on the site and in the vicinity. The projectwould require local distribution facilities for electricity and gas, but would not be sized toserve other future development in the vicinity of the project.

Mitigation Measures: The mitigation measures expressed throughout the EIR mitigate,to the extent possible, any potential growth inducing impacts of the Project.

Finding. The Council finds that the utility services being constructed for the Project willnot have any new, significant and unavoidable growth inducing impacts not alreadyexamined in the EIR.

4. Cumulative Impacts

The cumulative impacts analysis in the EIR assumed buildout of the City's GeneralPlan. There are no recently approved projects in the south area of the City or within theproject vicinity, with the exception of the Cosumnes River Boulevard Extension and 1-5Interchange. The cumulative context for air quality is dependent on the specific pollutantbeing considered. For example, for ozone precursors, the cumulative context would beall development occurring in the Sacramento Valley; but the cumulative effects of PM,oand CO would be limited to the general vicinity of the project and be affected by otherlocal projects. Cumulative impacts on biological resources were analyzed assumingbuildout of the City's General Plan, as well as SACOG's regional buildout scenario. Thehydrology and water quality analysis in the EIR also considered a larger cumulativecontext including the Sacramento River watershed. The cumulative context foraesthetics evaluated the surrounding area from three separate viewsheds, while thelight and glare analysis considered additional development projects that could affect thesame sensitive receptors. The noise analysis considered existing and future noisesources and could affect the project and surrounding uses.


H. GLOBAL CLIMATE CHANGE IMPACTS OF THE PROJECT

No accepted analytical methodology currently exists to determine the Project's relativeimpact on global climate change when measured in a global context. Therefore, the EIRdid not identify a threshold of significance as to the Project's cumulative contribution toglobal climate change, nor did it make a finding of cumulative significance for theproject's potential impacts on the global climate change issue. That does not mean thatthe City has ignored the issue or has failed to include measures that would mitigategreenhouse gas emissions and the project's potential contribution to global climatechange. Global climate change is inherently a cumulative issue insofar as thegreenhouse gas emissions of an individual project cannot currently be shown to haveany material effect on climate when examined in a global setting. Nonetheless, the EIRprovided a comprehensive discussion of the measures that will be employed by theProject to reduce its overall contribution to global climate change.

Speculative Nature of Project Impacts on Global Climate Change

Currently no State or regional regulatory agency has adopted any agreed uponthreshold of significance for greenhouse gas emissions. The California Office ofPlanning and Research ("OPR") is charged with developing guidelines for the, mitigationof greenhouse gas emissions by July 1, 2009, and the California Air Resources Board("CARB") is required to develop a framework to manage impacts of greenhouse gaspollutants by June 30, 2009. As a result, experts have acknowledged the lack of anymeaningful basis for lead agencies, such as the City, to consider or evaluate thresholdsof significance for greenhouse gas emissions. In this regard, the California Air Pollutionand Control Officers Association has opined that a local agency "may decide to deferany consideration of thresholds" until the state framework is in place. (See, CEQA andClimate Change, California Air Pollution and Control Officers Association, Jan. 2008,p.23.) Similarly, the Association of Environmental Professionals has concluded that"there are currently no published CEQA thresholds or approved methods fordetermining whether a project's potential contribution to a cumulative [global climatechange] impact is considerable." (See, Alternative Approaches to AnalyzingGreenhouse Gas Emissions and Global Climate Change in CEQA Documents,Association of Environmental Professionals, June 29, 2007, p.1.) Moreover, it has alsobeen acknowledged that "a typical individual project does not generate enoughgreenhouse gas emissions to influence [global climate change] significantly on its own."Id. Accordingly, absent this important guidance from the State, the City has nomeaningful basis to establish a threshold of significance to enable it to evaluate anddetermine whether project specific impacts of the Project rise to the level of significancefor purposes of CEQA review.

CEQA does not demand that the City undertake an analysis of greenhouse gasemissions that cannot be conclusively tied to a physical change in the environment,such as the development of a mixed use project like Delta Shores. Since therecurrently exists no identified threshold of significance with respect to project-level


contributions to greenhouse gas emissions, any finding of significance with respect to aproject-level contribution to global climate change, even cumulatively to a largerproblem, is highly speculative. In this regard, CEQA Guidelines Section 15145 makes itclear that in the absence of an available methodology to determine whether project-levelgreenhouse gas emissions are significant, the City simply should evaluate and identifythe issue and determine that it is too speculative at this time to make a significancedetermination. Until such time as a state or regional agency has identified thresholds ofsignificance for individual projects, the City has determined that it will continue to be toospeculative for the City to analyze project-level impacts of the Delta Shores Project onthis global issue.

The City also recognizes the limitations inherent in quantifying any nexus between thecalculated greenhouse gas emissions of individual projects and the predictedenvironmental changes that could be caused by global temperature increases. Absentsuch quantification, the City has no authority, pursuant to CEQA or otherwise, to imposemitigation measures on the Project to address speculative impacts on global climatechange. (See, CEQA Guidelines Section 15126.4(a)(4); Nollan v. California CoastalCommission ( 1987) 483 U.S. 825; Dolan v. City of Tigard (1994) 512 U.S. 374.)Further, the City believes that to engage in such speculative analysis falls outside of thelimitations established under CEQA which pertain to speculation (See, CEQAGuidelines section 15145) and the geographic limitation of impact analysis (See, CEQAGuidelines section 15130(b)(3)).

As explained on pages 5.10-1 through 5.10-28 of the DEIR, the City acknowledged andrecognized the current debate concerning global warming, and the recognition of therole of greenhouse gas emissions in contributing to potential climate changes aroundthe globe. The City also finds that the mitigation measures incorporated as part of theProject include measures that will reduce greenhouse gas emissions associated withenergy use.

CEQA requires that Lead Agencies inform decision makers and the public regardingpotential significant environmental effects of proposed projects; feasible ways thatenvironmental damage can be avoided or reduced through the use of feasible mitigationmeasures and/or project alternatives; and disclose the reasons why the City approved aproject if significant environmental effects are involved (CEQA Guidelines §15002).CEQA also requires the City to evaluate potential environmental effects to the fullestextent possible based on scientific and factual data (CEQA Guidelines §15064[b]).Significance conclusions must be based on substantial evidence, which includes facts,reasonable assumptions predicated upon facts, and expert opinion supported by facts(CEQA Guidelines §15064f[5]).

In addition, under the "rule of reason," an EIR is required to evaluate impacts to theextent that is reasonably feasible (CEQA Guideline §15151; San Francisco EcologyCenter v. City and County of San Francisco (1975) 48 Cal.App.3d 584, 594). WhileCEQA does require the City to make a good faith effort to disclose what it reasonablycan, CEQA does not demand what is not realistically possible (Residents Ad HocStadium Committee v. Board of Trustees (1979) 89 Cal.App.3d 274, 286). The City,


therefore, has discretion to design the CEQA document; it does not need to conductevery recommended test or perform all requested research or analysis (CEQAGuideline §15204(a); Laurel Heights Improvement Association v. Regents of theUniversity of California (1988) 47 Cal.3d 376, 410).

In the absence of some uniform, accepted methodology to evaluate the significance ofpotential project level contributions to global climate change, it is sufficient for the City tohave analyzed the issue and determined that any impact is too speculative forevaluation. Berkeley Keep Jets Over the Bay Committee v. Board of PortsCommissioners (2001) 91 Cal.App.4th 1344, 1370. In this regard, the CaliforniaSupreme Court has specifically confirmed that CEQA does not require evaluation ofspeculative impacts that are impossible to quantify. Laurel Heights ImprovementAssociation v. Regents of the University of California (1988) 47 Cal.3d 376. RecentCourt of Appeal decisions confirm this approach. Alliance of Small Emitters/MetalsIndustry v. South Coast Air Quality Management District (1997) 60 Cal.App. 4 th 55;Anderson First Coalition v. City of Anderson (2005) 130 Cal. App 4th 1173. While thesecourt decisions generally concern the issue of air emissions, toxic or otherwise, theycertainly have credible application to the issue of speculation and with respect to projectlevel impacts on global warming.

The speculative nature of any such global warming discussion is further supported bythe fact that issues of greenhouse gas emissions and climate change are fundamentallydifferent from other areas of air quality impact analysis, which are linked to some regionor specific area in which the impact is significant. In the context of global warming, themajority of emissions that could be generated by a land development project would notnecessarily qualify as "new" emissions that are specifically attributable to the proposedproject in question. The approval of a new development project does not necessarilycreate new or additional VMT, which is the primary source of project emissions. Peoplemoving to a particular California city or county often are, in large part, switching theirVMT and resultant greenhouse gas emissions from one place to another, rather thancreating a new emission. This conclusion holds true, regardless of whether therelocating citizen is from within or without the State of California. Thus, there is noaccepted methodology for identifying the specific incremental impact of a project on thecreation of "new" greenhouse gas emissions.

While the City has been able to provide estimates of the quantified emission ofgreenhouse gas emissions from the Delta Shores Project, there is simply no basis forthe City to determine that any such contribution is in fact significant, as it is toospeculative at this time to determine the particular impact of the Project on climatechange. As explained in the DEIR, the City acknowledges and recognizes the currentdebate concerning global warming, and the recognition of the role of greenhouse gasemissions in contributing to potential climate changes around the globe. As explainedin the DEIR, the City has acknowledged and acted upon those concerns in a variety ofways including the 2001 adoption of Smart Growth Principles into the General Plan,which seeks to change urban development patterns by supporting projects that, throughthe density and mix of land uses, transportation management, and infrastructure designand construction, discourage urban sprawl, promote infill development, reduce vehicle


emissions and minimize air pollutant emissions. The City has also prepared andapproved a Sustainability Master Plan, as well as a resolution establishing a GreenBuilding Plan for new buildings in the City. In all of these ways, the City is takingleadership in the region by addressing the emission of greenhouse gases and thepotential global warming effects. As the DEIR noted, the Delta Shores Project includesnumerous characteristics consistent with these goals. Moreover, the mitigationmeasures incorporated as part of the Project include measures that will reducegreenhouse gas emissions associated with energy use.

Global Climate Change Impacts

Implementation of the Project would generate greenhouse gases through theconstruction and operation of new residential, retail and commercial land uses.Greenhouse gas emissions from the Project also would specifically arise from Projectconstruction and from sources associated with Project operation, including directsources such as motor vehicles, natural gas consumption, solid wastehandling/treatment, and indirect sources such as electricity generation. Emissions fromthese sources are presented below.

a) Construction Emissions

The Project would emit greenhouse gases during construction of the Project from theoperation of construction equipment and from worker and building supply vendorvehicles. Emissions during construction were estimated using the URBEMIS2007model. The Project construction emissions of CO2 were shown in Table 5.10-2 of theDEIR. It is important to note that emissions from construction equipment arecontinuously being improved and that emissions at the time of construction will likely beeven less than those estimated. Given the timeframe for buildout of the Project,emissions of nitrous oxide and methane are negligible in comparison and were notestimated. Emissions estimates for each phase were based on construction phasingand square footage data for each land use category.

b) Operational Emissions

The Project would also generate greenhouse gases during its operation, principally frommotor vehicle use, electricity and natural gas consumption, and solid waste disposal.Greenhouse gases from each of these sources are further explained, below. Table5.10-3 in the DEIR summarized the total operational emissions at buildout in CO2equivalents.

c) Motor Vehicle Greenhouse Gas Emissions

The largest source of greenhouse gas emissions associated with the Project would beon- and off-site motor vehicle use. CO2 emissions, the primary greenhouse gas frommobile sources, are directly related to the quantity of fuel consumed. Two important


determinants of transportation-related greenhouse gas emissions are VMT and vehiclefuel efficiency. CO2 emissions during operation of the Project at full buildout wereestimated using URBEMIS2007. As shown in Table 5.10-4 in the DEIR, total ProjectCO2 emissions would be 116,266 tons per year, which is 0.024 percent of California's2004 emissions (i.e., 478.7 million tons).

Combustion of fossil fuels also generates CH4 and N20. Since URBEMIS 2007 does notcurrently calculate CH4 and N20 emissions, emissions factors for each gas wereobtained from the California Climate Action Registry (CCAR 2007) and were used withdata on the fleet mix, fuel type and VMT for the proposed Project to calculate theiremissions, as shown in Table 5.10-4 of the DEIR.

Although motor vehicle energy consumption will occur at the Project, the Project'sproximity to light rail, its mix of land uses, its participation in a TransportationManagement Association and the various smart growth measures incorporated into theProject are designed to the improve the energy efficiency of the transportation systemby increasing use of more fuel-efficient public transit, carpools, and vanpools, andimproving circulation system levels of service. Any reductions in traffic congestionrealized through implementation of enhanced transit operations would also allow formore energy-efficient vehicular travel.

d) Electricity and Natural Gas Combustion Greenhouse GasEmissions

The Project would use electricity for its office, commercial, residential, and othercomponents, which would contribute to greenhouse gas emissions. The Project relatedemissions were estimated by using Project electricity and natural gas use estimates.The emissions factors for electricity use and natural gas combustion were obtained fromthe California Climate Action Registry (CCAR 2007). Greenhouse gas emissions fromthese sources were shown in Table 5.10-5 in the DEIR.

e) Solid Waste Greenhouse Gas Emissions

Solid waste generated by the Project would also contribute to greenhouse gasemissions. Treatment and disposal of municipal, industrial and other solid wasteproduces significant amounts of CH4. In addition to CH4, solid waste disposal sites alsoproduce biogenic CO2 and non-methane volatile organic compounds, as well as smalleramounts of N20, nitrogen oxides (NOX) and carbon monoxide (CO).

CH4 and CO2 emissions from solid waste generated by the Project were estimatedbased on formulas provided in the State Workbook: Methodologies for EstimatingGreenhouse Gas Emissions. Total Project emission of greenhouse gases from landfillmaterial was shown in Table 5.10-6 of the DEIR.

f) Other Greenhouse Gas Emissions

Ozone is a greenhouse gas; however, unlike the other greenhouse gases, ozone in thetroposphere is relatively short-lived and therefore is not global in nature. According to


CARB, it is difficult to make an accurate determination of the contribution of ozoneprecursors (NO,, and ROGs) to global warming (CARB 2004b). Therefore, it is assumedthat Project emissions of ozone precursors would not significantly contribute to globalclimate change. At present, there is a federal ban on CFCs; therefore, it is assumed theProject will not generate emissions of these greenhouse gases. The Project may emit asmall amount of HFC emissions from leakage and service of refrigeration and airconditioning equipment and from disposal at the end of the life of the equipment.However, the details regarding refrigerants to be used in the Project and the capacity ofthese are unknown. Therefore, it is not anticipated the Project would contributesignificant emissions of these additional greenhouse gases.

Mitigation Measures That Will Lessen Global Climate Change Impacts

The inherent design and location of the Project will operate to lessen its contribution toglobal climate change, and thus may be considered built-in mitigation when comparedto a similar project in an outlying area. From a geographic standpoint, the Project issituated close to the route of an existing light rail line and station, and is situated withinfive miles of the urban core in Downtown Sacramento. It will provide residents of theCity with the opportunity to live and shop close to their jobs and close to publictransportation lines.

In order to reduce congestion and promote the free flow of traffic, thereby improvingvehicle exhaust emissions, the EIR required Mitigation Measures 5.9-1 through 5.9-25described above in these Findings. In order to reduce the air pollutants emitted by theProject and lessen its air quality impacts, the EIR proposed air quality MitigationMeasures 5.3-1 through 5.3-11 noted above that would aide in reducing the Project'scontributions to global climate change by reducing its overall emissions of greenhousegases.

Notwithstanding the speculative nature of environmental impacts resulting fromgreenhouse gas emissions at the project level, the impacts of the project on climatechange are potentially cumulatively considerable. The following mitigation measuresbeing voluntarily implemented by the project applicant and enforced by the MMP andthe Development Agreement for the project, will serve to substantially lessen theenvironmental effects of greenhouse gas emissions resulting from construction andoperation of the project:

MM 5.10-1: In order to further reduce and substantially lessen the impacts onglobal climate change resulting from construction and operation of the project,the project applicant has voluntarily agreed to implement the following mitigationmeasures:

5.10-1(a): Priority parking for hybrid and alternative energy vehicles shallbe provided at commercial and retail parking areas, and providepassenger loading, unloading and waiting areas for ridesharing incommercial/retail/office developments.


5.10-1(b): Pedestrian and bike paths shall be located in a manner tominimize road crossings to promote safety and encourage children to walkor bike to school, consistent with the project's Air Quality ManagementPlan.

5.10-1(c): Energy efficiency shall be increased fifteen percent (15%)above Title 24 requirements and comply with City's Green Buildingprogram.

5.10-1(d): Light-colored roofing materials and paints shall be used onbuilding roofs.

5.10-1(e): Energy star rated appliances shall be installed in all residentialdevelopment.

5.10-1(0: Encourage participation in the California Energy Commission'sNew Solar Homes Partnership and encourage solar power in the project'sPUD Guidelines.

5.10-1(g): Encourage energy efficient design, such as providing hot watersystems with booster heating and locating hot water heaters near hotwater taps in the Project's PUD Guidelines.

5.10-1(h): Encourage the use of solar on retail/commercial rooftops andparking lots in the PUD Guidelines. The project applicant will inform alltenants and building owners at the project to make them aware of solarpower options since it will not be constructing all buildings at the project.

5.10(i): The project applicant shall comply with the City's Shade TreeParking Ordinance as well as the PUD Guidelines to avoid heat island andsimilar environmental impacts, as well as use high reflectance or lightercolored paving in accordance with the AQMP which requires all unshadedparking lot areas, driveways, fire lanes and other paved areas to have aminimum albedo of. 3 or greater.

5.10(j): Light emitting diodes (LED) for traffic, street and other outdoorlighting shall be installed at the project site.

5.10-1(k): Outdoor lighting shall be limited, as specified in Table K in theDraft EIR Appendices.

5.10-1(1): The project applicant shall participate and fund a transportationmanagement association (TMA) that shall operate ridesharing and shuttleservices programs, and also provide educational materials on energyefficiency, as required by the project's Air Quality Management Plan.

5.10-1(m): The project applicant shall ensure the project siteaccommodates future Regional Transit bus service.


5.10-1(n): Class I and Class 11 bike lanes shall be constructed throughoutthe project site in excess of those required by the City's 2010 BikewayMaster Plan.

5.10-1(0): Onsite bicycle and pedestrian facilities shall be provided,including showers and bicycle parking for nonresidential projects.

5.10-1(p): The project applicant shall comply with Sacramento City CodeSection 17.72.030 which establishes separate waste and recyclingdisposal requirements for all new uses, including the use of separatereceptacles, including green waste and food recycling.

5.10-1(q): The project applicant shall comply with Sacramento City CodeSection 13.10.400 which requires the separate collection of garden wastesfrom residential properties.

5.10-1(r): The project applicant shall comply with Sacramento City CodeSection 15.76.030 which requires that all shower fixtures be fitted withlow-flow features.

5.10-1(s): The project applicant shall comply with Sacramento City CodeSection 15.92.080 which establishes maximum water usage forlandscaping and limits the use of turf, and requires the use of climate-adapted landscaping.

5.10-1(t): Electrification stations/connections shall be installed in all projectloading docks for use by transportation refrigeration units.

5.10-1(u): The project applicant shall comply with Sacramento City CodeSection 17.68.040 which requires the planting of shade trees to ensurethat 50% of all surface parking areas are shaded within 15 years ofdevelopment.

5.10-1(v): Enlarged sidewalks shall be installed to encourage pedestrianmovement throughout the project site.

5.10-1(w): The project applicant shall comply with Sacramento City Code,Chapter 8.116, which prohibits the idling of diesel powered vehicles formore than five consecutive minutes or five minutes total in one hour.

5.10-1(x): Recycled building materials shall be used where feasible inbuilding designs.

5.10-1(y): During project construction, alternative fuel (such as aqueousdiesel fuel) or catalyst equipped diesel construction equipment shall beused.


5.10-1(z): Reuse and recycle construction waste where feasible.

5.10-1(aa): Efficient fluorescent lighting shall be provided for all primarylighting within project buildings. Accent and aesthetic lighting shall not besubject to this condition.

5.10-1(bb): The project shall be designed consistent with the City's SmartGrowth Principles and associated strategies and initiatives, includingjobs/housing balance, the mixing of land use, and transit orienteddevelopment.

5.10-1(cc): The project applicant shall implement additional greenhousegas reduction strategies through application of future city ordinances to beapplied to the project via the MMP and the Development Agreement.

Thus, the potentially cumulatively considerable impacts are substantially lessened bythe project's features and the additional voluntary mitigation measures beingimplemented with the project through the MMP and the Development Agreement.

Global Climate Change Finding

As noted above, the specific greenhouse gas emissions of an individual project cannotbe shown to have any measurable, material effect on global climate change.Consequently, a specific project's contribution to greenhouse gases is inherently acumulative impact issue when examined in a global setting. No state or regionalagency has yet identified any method for determining a local project's threshold ofsignificance. In the absence of any analytical methodology to determine a particularproject's impact on global climate change, the City has no means of determining thesignificance of the Delta Shores Project's contribution to global climate change forCEQA purposes. While it is possible to determine the level of greenhouse gasesassociated with a particular project, it is impossible to determine whether its level ofemissions is individually significant. In the absence of a general recognized analyticalprotocol, CEQA does not require speculation.

Nonetheless, the City finds that the impacts of the project on global climate change arepotentially cumulatively considerable, but have been substantially lessened by theabove voluntary mitigation measures. The Delta Shores Project was designed from theoutset to minimize its greenhouse gas emissions and thereby reduce its contribution toglobal warming. From a geographic standpoint, the Project is situated within closeproximity to the route of the South Area light rail line and stations, and is situated withinfive (5) miles of the urban core in Downtown Sacramento. It will provide residents of theCity with the opportunity to live and shop close to their jobs and close to publictransportation lines. The Project is precisely the type of Smart Growth project the Citywants to encourage with a combination of residential, retail and commercial uses,including a substantial component of high density residential, retail space and


commercial. Moreover, the Project has much higher densities than those originallyenvisioned when the Project site was originally entitled.

In addition, the Project has been required to comply with the above-described air qualityand transportation and circulation mitigation measures, all of which were designed toreduce the Project's generation of greenhouse gases and other criteria air pollutants,thereby further reducing the Project's contribution to global climate change. In addition,the City finds that federal, state, regional and local governmental entities are continuingto analyze the issue of greenhouse gas emissions on a broader scale and any ultimatemeasures required could be applied to the project's subsequent approvals. It iscurrently anticipated that no residential construction within the project will occur untilafter completion of the 1-5/Cosumnes Boulevard interchange in the fall of 2011. By thattime, it is anticipated that other broader mechanisms may be in place to address globalclimate change. The City is currently updating its General Plan and working with theCalifornia Attorney General's office to further address the issue of greenhouse gasemissions and climate change through the General Plan process. This will include thedevelopment of a Climate Action Plan that will contain a timeline for completion (e.g.,2008-2010), an inventory of emissions, emission reduction targets consistent with AB32 and City plans, specific reduction strategies that will help to achieve reductiontargets, and monitoring and reporting requirements and adaptive managementstrategies to ensure that reduction targets are updated over time.

The City will also prepare and implement other studies concerning climate change (e.g.,green technology, research and development; Green Building Rating Program; updateof the City Residential Energy Conservation Ordinance) that, ultimately, will result in theadoption of City-wide ordinances that would serve to further reduce greenhouse gasemissions at the local level. Importantly, notwithstanding the uncertain and evolvingnature of appropriate greenhouse gas reduction strategies, the project applicant hasagreed to abide by the provisions of future City ordinances that implement greenhousegas reduction strategies at the project level and this commitment is included in, andenforceable by, the Mitigation Monitoring Plan ("MMP") and the Project's DevelopmentAgreement.

Thus, while the Project's contribution to greenhouse gas emissions is found to bepotentially cumulatively considerable, the City also finds that the Project's greenhousehas emissions have been substantially reduced, and will likely be further reduced byimplementation of future strategies and that, in any event, the economic, social andother benefits of the Project override the cumulative impacts of the Project on globalclimate change, as more fully set forth in the Statement of Overriding Considerations.

Consequently, while the significance of the Project's impacts on global climate changecannot be determined and are potentially cumulatively considerable, those impactshave been substantially lessened and the environmental, economic, social and otherbenefits of the Project override any residual impacts of the Project on global climatechange.

1. STATEMENT OF OVERRIDING CONSIDERATIONS


Introduction

The Council has carefully balanced the benefits of the Project against the adverseimpacts and residual impacts identified in the EIR that it would not be feasible tomitigate to a less than significant level. Notwithstanding the identification and analysisof impacts which are identified in the EIR as being significant and potentially significantwhich have not been avoided, eliminated, lessened, or mitigated to a level of less thansignificant, the Council, acting pursuant to Section 15093 of the CEQA Guidelines,hereby determines that the benefits of the Project outweigh the unmitigated adverseimpacts and remaining residual impacts, and that the Project should be approved. TheEIR described certain environmental impacts which cannot be avoided if the Project isimplemented. In addition, the EIR describes certain impacts which, althoughsubstantially mitigated or lessened, are potentially not mitigated to a point of being lessthan significant.

This Statement of Overriding Considerations applies specifically to those impacts foundto be significant and unavoidable above, as well as any residual impacts. Such impactsinclude, but are not limited to:

• Impact 5.3-3: Operation of the Project would contribute to emissions ofozone precursors.

• Impact 5.3-9: Operation of the proposed project combined with other on-going development in the air basin would increase cumulative levels of ozoneprecursors.

• Impact 5.6-3: Operation of the proposed project could permanentlyexpose sensitive receptors to increased traffic noise levels from local roadways.

• Impact 5.9-7: Implementation of the project under Baseline plus Projectconditions could affect the Meadowview Road/Freeport Boulevard intersection.

• Impact 5.9-9: Under Baseline Plus Project conditions, the project wouldhave a significant impact on freeway operations.

• Impact 5.9-13: Under Cumulative plus Project conditions the segment ofCosumnes River Boulevard from 1-5 to Delta Shores Circle could be impacted by theproject.

• Impact 5.9-14: Under Cumulative plus Project conditions the segment ofDelta Shores Boulevard south of Meadowview Road could be impacted by the project.

• Impact 5.9-16: Under Cumulative plus Project conditions the MeadowviewRoad/Franklin Boulevard intersection could be impacted by the project.


• Impact 5.9-20: Under Cumulative plus Project conditions the CosumnesRiver Boulevard/Delta Shores Circle (West) intersection could be impacted.

• Impact 5.9-23: Under Cumulative plus Project conditions, the projectwould have a significant cumulative impact on freeway operations.

In addition to the above impacts, this Statement of Overriding Considerations applies tothose residual impacts which have been substantially lessened or avoided, but notnecessarily reduced to a level of less than significant, as well as the Project'scumulative contribution to green gas emissions which have no measurable impact onGlobal Climate Change.

The City Council believes that many of the unavoidable and irreversible environmentaleffects, as well as many of the environmental effects which have not been mitigated to aless than significant level will be substantially reduced by the mitigation measuresincorporated into the Project and in the EIR. The Council recognizes that theimplementation of the Project will result in certain potentially irreversible environmentaleffects.

In reaching the Council's decision to approve the Project and all related documentation,the Council has carefully considered each of the unavoidable impacts, each of theimpacts that have not been substantially mitigated to a less than significant level, aswell as each of the residual impacts over which there is a dispute concerning theimpact's significance following mitigation.

Specific Findings.

1. Project Benefits Outweigh Unavoidable Impacts. The remaining unavoidable andirreversible impacts of the Project are acceptable in light of the economic, fiscal, social,public safety, environmental, land-use and other considerations set forth hereinbecause the benefits of the Project outweigh any significant and unavoidable orirreversible adverse environmental impacts of the Project, as well as outweighing anyresidual impacts over which a controversy exists concerning the impacts' significancefollowing mitigation.

2. Rejected Mitigation Measures. Any of the mitigation measures which weresuggested in the EIR but not incorporated into the Project due to their infeasibility areinfeasible in part because such measures would impose limitations and restrictions onthe Project so as to prohibit the attainment of economic, social and other benefits of theProject which this Council finds outweigh the unmitigated impacts of the Project.

3. Balance of Competing Goals. The Council finds that it is imperative to balancecompeting goals in approving the Project and certifying the environmentaldocumentation for the Project. Not every policy or environmental concern has beenfully satisfied because of the need to satisfy competing concerns to a certain extent.Accordingly, in some instances the City Council has chosen to accept certain


environmental impacts because to eliminate them would unduly compromise someother important economic, social, environmental or other goals, such as encouragingpeople to use public transit, to walk and to bicycle. The Council finds and determinesthat the design of the Project and the supporting environmental documentation providefor a positive balance of the competing goals and that the economic, fiscal, social,environmental, land use, and other benefits to be provided by the Project outweigh anyenvironmental and related potential detriment from the Project.

Overriding Considerations.

Based upon the above enumerated objectives and the comprehensive vision developedby the Council through extensive public participation, the Council has determined thatthe Project should be approved and that any remaining unmitigated environmentalimpacts attributable to the Project are outweighed by the following specific economic,fiscal, social, environmental, land-use and other overriding considerations.

1. Economic Considerations.

Substantial evidence is included in the Record demonstrating the economic benefitswhich the City would derive from implementation of the Project. The Project will providethe City with a high quality commercial, retail and residential development on vacantproperty located in the south area of the City and adjacent to the intersection ofInterstate 5 and the Cosumnes River Boulevard extension. The regional commercialuses in the Project will meet current commercial needs in that area of the City. Inaddition, the Project will provide the City with high quality residential development tomeet current and future needs for that type of land use in the City. The Project also willprovide employment opportunities within the City by allowing the development ofunderutilized property.

2. Environmental and Land Use Considerations.

a. Substantial evidence is included in the record that theimplementation of the Project will have beneficial as well as potential adverse impactsrelating to environmental and land use considerations.

b. The proximity of the Project to the South Area light rail line andlight rail station will implement the goals of the General Plan and the City's goal ofencouraging higher density developments around light rail lines in order to promote theuse of public transit. The Project's location along the light rail line with a combination ofuses consisting of retail, commercial and residential, situates the Project at one of themost desirable locations in the greater Sacramento region for locating such mixed uses.

c. The Council finds that the Project, through its PUD Guidelines, willincorporate strong architectural and design features that are compatible with adjacentland uses, while providing a unique identity for the Project as a whole.


d. The design of the Project will reduce any global warming impactsby promoting pedestrian uses, providing retail and residential uses adjacent toemployment opportunities, by requiring the planting of numerous trees along theProject's roadways and parking areas, and by encouraging the use of public transitmodes in order to reduce vehicle miles traveled and motor vehicle emissions of criteriaair pollutants and greenhouse gases.

e. Based upon these land use and environmental considerations, theCouncil has determined that any environmental detriment caused by the Project hasbeen minimized to the extent feasible. Where not feasible, the environmental detrimentis outweighed and counterbalanced by the significant economic, fiscal, environmentaland land use benefits to be generated for the City.

3. Other Related Overriding Considerations.

In addition to the economic, fiscal, environmental and land use considerations identifiedabove, the Council has considered various factors in arriving at its decision to approvethe Project. Although economic, fiscal, environmental and land use benefits to bederived by the City are the primary reasons for the City's decision to approve theProject, other factors have been considered by the City in the planning process and addto the benefits of the Project when weighed against any unavoidable environmentalimpacts identified in the EIR. Among these factors include the prospect of creating adevelopment plan for vacant, underutilized land which will serve as a model for thefuture environmentally sensitive development of infill locations throughout the City andelsewhere.

Conclusion

The City Council has determined that any remaining significant effects on theenvironment attributable to the Project which are found to be unavoidable, irreversibleor not substantially lessened are acceptable due to the overriding considerations setforth in this Statement of Overriding Considerations. The Council has concluded thatwith all the environmental trade-offs of the Project taken into account, its implementationwill represent a net positive impact on the City, and based upon such considerationsafter a comprehensive analysis of all the underlying planning and environmentaldocumentation, the Council has approved the Project.

J. FINDING REGARDING RECIRCULATION

The City Council finds that no new information which might demonstrate that the Projectwould have a new potentially significant environmental impact was presented in theFinal EIR or during the public comment period or during any hearing on the Project.Information provided in the Final EIR concerning the need for two offsite improvementsconsisting of the construction of a stormwater drainage pipeline to connect the Project'sdetention basin to the City's Sump 89 and construction of a sewer force main in theCosumnes River Boulevard Extension's right of way from the Project to the SRCSD


Central Interceptor at Franklin Boulevard does not show any significant newenvironmental impacts that could not be mitigated to a less than significant level bycompliance with the mitigation measures already contained in the EIR and MMPpertaining to air quality, noise, cultural resources, biological resources, hazards,transportation and circulation.

In addition, certain revisions were made by the Final EIR to the mitigation measuresproposed in the DEIR, but those changes did not identify any new impacts or identifyany substantial increase in the severity of an environmental impact that would not bereduced to a less-than-significant level through mitigation, nor would the revisedmitigation measures result in new significant environmental impacts. (CEQA Guidelines,Sections 15088.5(a)(1) and 15088.5(a)(2). Instead, the revised mitigation measuresclarify and strengthen the effectiveness of the mitigation measures to help furtherreduce or avoid an impact. Further, with the revisions, the revised mitigation measuresdid not include a new feasible way to mitigate or avoid an impact (including a feasibleproject alternative) that the City has declined to implement (CEQA Guidelines section15088.5(a)(3). Because no new unmitigated impacts have been identified or created bythe revised mitigation, the EIR is not changed in a way that deprives the public of ameaningful opportunity to comment upon a substantial adverse environmental effect ofthe Project (CEQA Guidelines section 15088.5(a)(4)). Therefore, the City Council findsthat the revisions to the EIR's mitigation measures represent improvements to theanalysis and mitigation of impacts and do not warrant recirculation of the EIR.


Exhibit B

MITIGATION MONITORING PLAN

INTRODUCTION

CEQA requires review of any project that could have significant adverse effects on the environment.CEQA also requires reporting on and monitoring of mitigation measures adopted as part of theenvironmental review process (Public Resources Code section 21081.6). This MMP is designed toaid the City of Sacramento in its implementation and monitoring of measures adopted from the DeltaShores Draft EIR.

The mitigation measures are taken from the Delta Shores Draft EIR (including the Initial Study, seeAppendix A of the Draft EIR). Mitigation measures in this MMP are assigned the same number theyhad in the Draft EIR and Initial Study. The MMP is presented in table format and it describes theactions that must take place to implement each mitigation measure, the timing of those actions, theentities responsible for implementing and monitoring the actions, and verification of compliance.

MMP COMPONENTS

The components of the MMP table are summarized below.

Mitigation Measure: All mitigation measures identified in the Delta Shores Draft EIR (including theInitial Study) are presented, and numbered as they appear in the Draft EIR. Any change to the textof a mitigation measure presented in Chapter 2, Changes to the Draft EIR, of this Final EIR isincluded in this MMP.

Action: Identifies the action that must be completed in order for the mitigation measure to beconsidered implemented. For every mitigation measure, one or more action is described.

Implementing Party: Identifies the entity that will be responsible for implementing the action.

Timin : Each action must take place prior to the time at which a threshold could be exceeded.

Implementation of the action must occur prior to or during some part of approval, project design or

construction or on an ongoing basis. The timing for each measure is identified.

Monitoring Part y: Identifies the entity that will be responsible for monitoring implementation of therequired action. The City of Sacramento is responsible for ensuring that most mitigation measuresare successfully implemented. Within the City, a number of departments and divisions will haveresponsibility for monitoring some aspect of the overall project. Occasionally, monitoring partiesoutside the City are identified; these parties are referred to as "Responsible Agencies" by CEQA.

Verification of Compliance: Identifies verification of compliance for each identified mitigation

measure.

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