HomeMy WebLinkAboutCC Resolution 14089 (Las Gallinas Freitas Pkwy Impr Mitigated Negative Declaration)RESOLUTION NO. 14089
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING
A MITIGATION MONITORING AND REPORTING PROGRAM FOR
THE FREITAS AND LAS GALLINAS INTERSECTION IMPROVEMENT
PROJECT, CITY PROJECT NO. 11171
WHEREAS, the City Council adopted Resolution No. 13821 on October 6, 2014,
authorizing the Director of Public Works to enter into a Professional Services Agreement with
CSW/Stuber-Stroeh Engineering Group, Inc. for design services for a project to make
improvements to the intersection of Manuel T. Freitas Parkway/Las Gallinas Avenue, City
Project No. 11171 (the "Project"); and
WHEREAS, the Bicycle Pedestrian Master Plan 2011 Update specifically lists
pedestrian related improvements at the intersection of Manual T. Freitas Parkway/Los Gamos
Drive; and
WHEREAS, the City Council adopted Resolution No. 13908 on April 20, 2015,
authorizing an amendment to the Professional Services Agreement with CSW/Stuber-Stroeh
Engineering Group, Inc. to expand the scope of services to include design services for the
intersection of Manuel T. Freitas Parkway/Los Gamos Drive as part of the Project; and
WHEREAS, the plans, specifications, and estimate were completed for the Project's
proposed intersection improvements and, pursuant to the California Environmental Quality Act
(CEQA) Guidelines, it was determined that, for purposes of CEQA, the improvements are
defined as a "project" subject to environmental review; and
WHEREAS, pursuant to CEQA Guidelines Section 15063, an Initial Study was prepared
to determine the potential environmental impacts of the Project; and
WHEREAS, in preparing the Initial Study, an offer of tribal consultation was made to
the local Native American Tribe (Federated Indians of Graton Rancheria) consistent with Public
Resources Code Sections 21080.3 and 21080.3.2 (AB 52); and
WHEREAS, on November 24, 2015, the Federated Indians of Graton Rancheria
responded to the offer of consultation requesting specific mitigation measures that require
cultural monitoring during project construction and the Initial Study has incorporated this
request; and
1
WHEREAS, as demonstrated in the preparation of the Initial Study, the proposed Project
would result in a number of potentially significant environmental impacts for which mitigation is
recommended to reduce these impacts to a less -than -significant level; and
WHEREAS, consistent with CEQA Guidelines Section 15070, the Initial Study supports
and recommends the adoption of a Mitigated Negative Declaration; and
WHEREAS, pursuant to CEQA Guidelines Section 15073, on January 28, 2015, the City
published a Notice of Intent to Adopt a Mitigated Negative Declaration and the Initial
Study/Mitigated Negative Declaration, including a Mitigation Monitoring and Reporting
Program ("MMRP"), was made available for a 30 -day public review period. Comments received
on the Initial Study/Mitigated Negative Declaration were reviewed and responses have been
provided by the City, and are presented in a memorandum to the City Council (dated February
29, 2016), which is on file with the City Clerk; and
WHEREAS, on March 21, 2016, the City Council held a duly noticed public hearing to
review and consider the Initial Study/Mitigated Negative Declaration and MMRP, considered all
oral and written public testimony and the written report of the Public Works and Community
Development Departments; and
WHEREAS, the custodian of documents, which constitute the record of proceedings
upon which this decision is based, is the City Clerk.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby adopts the Mitigated Negative Declaration and approves the Mitigation
Monitoring and Reporting Program as presented in Exhibit "A" for the Freitas and Las Gallinas
Intersection Improvement Project, City Project No. 11171, based on the following findings:
1. The Initial Study/Mitigated Negative Declaration has been prepared in accordance with
CEQA, the CEQA Guidelines, and the provisions of the City of San Rafael
Environmental Assessment Procedures Manual. Further, in preparing the Initial
Study/Mitigated Negative Declaration, the City followed the steps and procedures
required by Public Resources Code Sections 21080.3 and 21080.3.2 (AB 52) by offering
and completing tribal consultation with the local Native American Tribe (Federated
Indians of Graton Rancheria). As a result of this consultation, mitigation measures
required to address potential archaeological resources have been incorporated into the
Mitigated Negative Declaration.
N
2. As prescribed by CEQA Guidelines Section 15073, a public review period of a minimum
of 30 days was observed for public comment (30 -days observed commencing on January
28, 2016 and closing on February 26, 2016). Comments received during the public
review period have been reviewed and responses to these comments have been provided
and are presented in a Memorandum to the City Council from the City, dated February
29, 2016, which is on file with the City Clerk.
3. The Mitigated Negative Declaration has been presented to the City Council who has
reviewed and considered the information in the Initial Study for adopting a Mitigated
Negative Declaration. Further, the City Council finds that the Initial Study is adequate
and complete to support the adoption of a Mitigated Negative Declaration.
4. The City Council has exercised its independent judgment in evaluating the Initial Study
and has considered the comments received during the public review period and public
hearing. Based on this review, the City Council has determined that a) there is no
substantial evidence that the Project will have a significant impact on the environment;
and b) revisions have been made to the Project or have been included in the Project as
conditions of approval which reduce the potentially significant impacts related to
biological resources, cultural resources, hazards and hazardous materials, noise, Public
Services, and Transportation/Traffic for which mitigation measures are required; and c)
result in either no environmental impacts or impacts that are deemed to be less -than -
significant in other topic areas listed in the Initial Study Checklist.
5. A Mitigation Monitoring and Reporting Program has been prepared to ensure
implementation of and compliance with all measures required to mitigate all impacts to a
less -than -significant level.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 21 st day of March, 2016, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin and Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: McCullough
File No.: 18.01.73
ESTHER C. BEIRNE, City Clerk
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Table of Contents
Background.......................................................................................................................... 1
1. Project Title: ................................................................................................................ 1
2. Lead Agency and Project Applicant: ............................................................................ 1
3. Contact Person and Phone Number: ........................................................................... 1
4. Project Location: .......................................................................................................... 1
5. Surrounding Land Uses and Setting: ........................................................................... 1
6. Description of Project: .................................................................................................. 1
7. Project BMPs.................................................................................................................19
8. Other Public Agencies Whose Approval May Be Required: ........................................ 20
Initial Study Checklist........................................................................................................ 22
I.
AESTHETICS.............................................................................................................23
II.
AGRICULTURAL AND FORESTRY RESOURCES....................................................24
III.
AIR QUALITY.............................................................................................................25
IV.
BIOLOGICAL RESOURCES......................................................................................28
V.
CULTURAL RESOURCES.........................................................................................33
VI.
GEOLOGY AND SOILS..............................................................................................36
VII.
GREENHOUSE GAS EMISSIONS.............................................................................38
VIII.
HAZARDS AND HAZARDOUS MATERIALS..............................................................39
IX.
HYDROLOGY AND WATER QUALITY......................................................................42
X.
LAND USE AND PLANNING......................................................................................44
XI.
MINERAL RESOURCES............................................................................................47
XII.
NOISE........................................................................................................................48
XIII.
POPULATION AND HOUSING..................................................................................54
XIV.
PUBLIC SERVICES...................................................................................................54
XV.
RECREATION............................................................................................................56
XVI.
TRANSPORTATION/TRAFFIC...................................................................................57
XVII.
UTILITIES AND SERVICE SYSTEMS.....................................................................60
XVIII.
MANDATORY FINDINGS OF SIGNIFICANCE.........................................................62
Checklist Information Sources......................................................................................... 64
SettingReferences............................................................................................................. 65
ReportPreparation............................................................................................................. 67
MITIGATION MONITORING AND REPORTING PROGRAM .............................................. 69
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
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City of San Rafael i
LIST OF FIGURES
Figure 1.
Location Map
5
Figure 2.
Project Aerial and Site Plan
7
Figure 3.
Views of the Project Site
9
Figure 4.
Views of the Project Site
10
Figure 5.
Views of Surrounding Land Uses
11
Figure 6.
Project Site Plan (1 of 5)
13
Figure 7.
Project Site Plan (2 of 5)
14
Figure 8.
Project Site Plan (3 of 5)
15
Figure 9.
Project Site Plan (4 of 5)
16
Figure 10.
Project Site Plan (5 of 5)
17
Figure 11. Gallinas Creek
31
LIST OF TABLES
Table 1. Construction Equipment Noise Generation 51
Appendices
Appendix A — Biological Reconnaissance Memorandum
Appendix B — Traffic -Multimodal Assessment Memorandum
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael ii
City of San Rafael
Initial Study/Mitigated Negative Declaration
BACKGROUND
1. Project Title:
2. Lead Agency and Project Applicant:
3. Contact Person and Phone Number:
4. Project Location:
5. Surrounding Land Uses and Setting:
Manuel T. Freitas Parkway and Las Gallinas
Avenue Intersection Improvements Project
City of San Rafael
Department of Public Works
111 Morphew Street
San Rafael, California 94901
Jeff Stutsman, P.E., Assistant Civil Engineer
Tel: (415) 485-3342
Email: Jeffrev.stutsmantcbcitvofsanrafael.orq
Manuel T. Freitas Parkway and Las Gallinas
Avenue Intersection in the City of San Rafael,
Marin County, California (see Figures 1-4)
The project site is located at the Manuel T. Freitas Parkway and Las Gallinas Avenue
intersection in the City of San Rafael. Existing land uses near the project site consist of single-
family residential homes, recreational uses (i.e., Arbor Park Parquette), commercial retail uses
(i.e., Safeway shopping center) and commercial office uses. Gallinas Creek, a concrete -lined
channel in the project area, flows through the center of the project site. Figures 5 through 7
provide photographs of the project site and surrounding land uses.
The existing land use designations in the project vicinity are as follows:
North of the Project Site:
Residential — Low Density, 2-6.5 units/acre
South of the Proiect Site:
Residential — Low Density, 2-6.5 units/acre
Park: Arbor Park
West of Proiect Site:
Residential — Low Density, 2-6.5 units/acre
East of the Proiect Site
General Commercial, 15-32 units/acre
6. Description of Project:
The Manuel T. Freitas Parkway and Las Gallinas Avenue intersection currently experiences
excessive delay from several of its approaches. The high number of vehicle trips from U.S. 101
to Terra Linda High School, Vallecito Elementary School, Kaiser Hospital Emergency Room, as
well as nearby residential and commercial areas causes the queue on westbound Manuel T.
Freitas Parkway to extend beyond the available turn pocket for much of the day. In addition,
due to the current geometry of the intersection, the eastbound and westbound protected left turn
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 1
phases are unable to operate simultaneously and must utilize a lead/lag operation further
adding to delay and intersection congestion.
The City recently installed Class II bicycle lanes on Las Gallinas Avenue. These lanes
terminate 180 feet south of the intersection with Freitas Parkway and start up again
approximately 220 feet north of the intersection, resulting in a 400 -foot gap on this heavily
travelled bike route. In addition, the Class II bike lanes on Freitas Parkway end approximately
400 feet west of the intersection with Las Gallinas Avenue.
Project constraints include lead -lag left turns from Freitas Parkway, small queue in the left turn
lane on westbound Freitas Parkway, and unsafe pedestrian island medians. The large island
adjacent to westbound Freitas Parkway contains multiple utility cabinets and utility poles and the
island allows right turn movements onto Las Gallinas Avenue at potential high speeds.
The project will improve vehicular, bicycle, and pedestrian circulation safety of the intersection
with the proposed improvements described below. Additionally, adding bike lanes and replacing
the traffic signal system to accommodate a new geometric configuration will help improve the
multiple modal transit during peak traffic periods during school and weekend events. See
Figure 1 for a location map and Figure 2 for an aerial view of the project site and vicinity.
Figures 3-6 show the existing conditions of the project site. Figures 6-11 show the proposed
improvements within the project site.
Project Description
As illustrated in Figures 6-10, to improve safety and operation of the intersection, proposed
project improvements include:
• Increasing the left turn queue on westbound Freitas Parkway;
• Allowing a simultaneous left turn phase from Freitas Parkway to northbound and
southbound Las Gallinas Avenue by expanding the intersection by approximately 30 feet
over Gallinas Creek on each side of Las Gallinas Avenue;
• Providing new American Disabilities Act (ADA) compliant ramps at all entries to the
intersection and connecting the island adjacent to westbound Freitas Parkway;
• Providing new pathways along eastbound Freitas Parkway and the island adjacent to
westbound Freitas Parkway;
• Providing bicycle lanes along Las Gallinas Avenue and Freitas Parkway;
• Removing pedestrian "Pork chop" islands;
• Upgrading the traffic signal system and signage;
• Improving intersection geometry;
• Extending right and left turn pocket on eastbound Freitas Parkway;
• Improvements to curb ramps on Los Gamos Street;
• Paving and storm drain improvements on Las Gallinas Avenue and Freitas Parkway;
and
• Increasing the pervious area by 530 square feet by shortening the crossing distance at
Los Gamos Street and installing new curb ramps.
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Construction
Construction of the proposed project would last for approximately 10 weeks. All improvements
will be made within existing City right-of-way. At least one week prior to the commencement of
work, the Contractor will provide project information signs to notify drivers of the upcoming
project and potential traffic delays; in addition, the City will provide notice to school, bus service
providers, emergency services and local businesses. Construction equipment would be those
that area commonly used for minor excavation, grinding and paving, retaining, and bridge
installation.
Staging
The City of San Rafael construction contract specifications will contractually require the
construction Contractor to locate the construction staging area on-site. The specifications for
this staging area will include, at the minimum, the following requirements:
• The staging area will be included in the Contractor's Stormwater Pollution Prevent Plan
(SWPPP).
• The staging area will not be located in an environmentally or culturally sensitive area
and/or impact water resources (rivers, streams, bays, inlet, lakes, drainage sloughs).
• The staging area will not be located in a regulatory floodway or within the base floodplain
(100 -year).
• The staging area will not affect access to properties or roadways.
Parking
Construction of the proposed project will not require the use of any on -street parking, as there is
none within the project site. The proposed project does not add any new parking on-site.
Traffic
Lane closure and traffic control will conform to the California Manual on Uniform Traffic Control
Devices (CAMUTCD), and City standard specifications. The Contractor will install advance
warning signs to alert pedestrians, bicyclists, and motorists of the work zone and lane closures.
Advance warning signs may be reflective signs, changeable message boards, cones, and
barricades. Street traffic will allow for movement through intersections. Flagging and other
means of traffic control will be required to allow for the safe movement of traffic through the
work zone. The Contractor will provide flaggers to temporarily hold traffic for staging equipment
or construction. The work will be limited to 7:00 A.M. to 5:00 P.M., Monday through Friday,
unless otherwise approved in writing by the Director of Public Works. Night work for possible
paving, rock wheeling, and signal switch overs may occur between the hours of 8:00 P.M. and
5:00 A.M. Work shall be performed in a manner that is least disruptive to the public. Lane
closures will be confined to 9:00 A.M. to 3:00 P.M., unless otherwise approved in writing by the
Director of Public Works.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
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City of San Rafael 3
Utilities
The island adjacent to westbound Freitas Parkway currently has a joint utility pole for overhead
utility lines. Utility boxes located on this island would remain in place with implementation of the
project. The proposed project would alter existing stormwater drainage facilities within the
project site. Improvements include replacing of storm drains, drainage pipes, and curbs and
gutters. Several bio -retention facilities are proposed throughout the project site. AT&T is
responsible for relocating their facilities across Las Gallinas Avenue.
Tree Loss
The project has been designed to avoid tree loss and tree trimming to the maximum degree
possible. Standard avoidance and minimization measures would be implemented to ensure the
project complies with all applicable City regulations regarding tree removal, and the Migratory
Bird Treaty Act (MBTA).
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7. Project BMPs.
It is anticipated that construction of the proposed project would require approximately ten
weeks. Project construction would occur from approximately 7:00 A.M. to 5:00 P.M., Monday
through Friday.
The construction contractor will be responsible for complying with all terms of the contract
specifications and drawings. Measures to be identified in the contract specifications and
drawings include, but are not limited to:
• Identify locations of other existing underground utilities in the proposed alignment and
take necessary precautions to avoid damaging the utilities or interfering with their
service.
• Minimize discharge of materials in storm water in accordance with the Regional Water
Quality Control Board's (RWQCB) Storm Water Management and Discharge Rules and
Regulations.
• Use traffic cones, signs, lighted barricades, lights, and flagmen as described and
specified in the Manual of Uniform Traffic Control Devices, current edition, California
Supplement, Part 6 Temporary Traffic Control to provide for public safety and
convenience during construction.
• Maintain convenient access to driveways and streets near the work area unless
otherwise approved by the City in advance.
• Lane closure or traffic detours on City streets require prior approval of the City. Any
excavation that would be required would be covered by contract.
• Cover, fence, and guard, as appropriate, open excavation and ditches across roadways
in such a manner as to permit safe traffic flow during hours when no work is being
performed and to prevent accidents from people or animals falling into the trenches.
• Restore street/surface improvements to pre -disturbance conditions or better.
The contractor will also implement measures during construction to maintain safety, minimize
impacts from hazardous materials spills, maintain emergency access, protect water quality,
cultural and biological resources, and prevent fires, including:
• Follow all safety and health requirements set forth by the Occupational Safety and
Health Administration.
• Hazardous materials will not be stored or used, such as for equipment maintenance,
where they could affect nearby properties, or where they might enter the storm drain
system.
• All spills of oil and other hazardous materials will be immediately cleaned up and
contained. Any hazardous materials cleaned up or used on-site will be properly
disposed of at an approved disposal facility.
• The City or its contractor will notify and coordinate with law enforcement and emergency
service providers prior to the start of construction to ensure minimal disruption to service
during construction.
• Detours will be readily available at all times to allow emergency vehicles access around
the work area.
• Prepare a Storm Water Pollution Prevention Plan (SWPPP) to limit erosion and protect
water quality surrounding the project site.
The Bay Area Air Quality Management District (BAAQMD) recommends basic construction
measures to ensure minimal impacts on regional air quality. The contractor will be responsible
for implementing the following basic measures during construction:
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
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City of San Rafael 19
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas) will be
watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site will be covered.
• All visible mud or dirt track -out onto adjacent public roads will be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
• All roadways, driveways, and sidewalks to be paved will be completed as soon as
possible.
• Idling times will be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to five minutes (as required by the California airborne
toxics control measure Title 13, Section 2485 of California Code of Regulations).
• Clear signage will be provided for construction workers at all access points.
• All construction equipment will be maintained and properly tuned in accordance with
manufacturer's specifications, and all equipment will be checked by a certified visible
emissions evaluator.
• A publicly visible sign with the telephone number and person to contact at the lead
agency regarding any dust complaints will be posted in or near the project site. The
contact person will respond to complaints and take corrective action within 48 hours.
The Air District's phone number will also be visible to ensure compliance with applicable
regulations.
8. Other Public Agencies Whose Approval May Be Required:
The information contained in this Initial Study will be used by the City of San Rafael (the
California Environmental Quality Act [CEQA] Lead Agency) as it considers whether or not to
approve the proposed project. If the project is approved, the Initial Study, as well as the
associated Mitigated Negative Declaration (MND) would be used by the City and
responsible and trustee agencies in conjunction with various approvals and permits. These
actions include, but may not be limited to, the following approvals by the agencies indicated:
California Department of Fish and Wildlife (CDFW)
• Section 1602 Lake and Streambed Alteration Agreement
Regional Water Qualitv Control Board (RWQCB)
• Clean Water Act, Section 401 Waste Discharge Report
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 20
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is potentially significant unless mitigation is incorporated, as indicated
by the checklist on the following pages.
Aesthetics
Agricultural Resources
Air Quality
X Biological Resources
X Cultural Resources
Geology and Soils
X Hazards and Hazardous
Materials
Hydrology and Water Quality
Land Use/Planning
Mineral Resources
X Noise
Population and Housing
X Public Services
Recreation
X Transportation/Traffic
Utilities
X Mandatory Findings of
Significance
Determination
On the basis of this initial evaluation:
❑ I find that the project COULD NOT have a significant effect on the environment and a
NEGATIVE DECLARATION will be prepared.
I find that although the project could have a significant effect on the environment, there will
not be a significant effect in this case because revisions in the project have been made by or
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be
prepared.
I find that the project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the project MAY have a "Potentially significant impact' or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately
analyzed in an earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
❑ I find that although the project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or
NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or
mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project, nothing further is required.
Signature Date:
Name and Title: Dean Allison, Public Works Director
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 21
INITIAL STUDY CHECKLIST
This section describes the existing environmental conditions in and near the project area and
evaluates environmental impacts associated with the proposed project. The environmental
checklist, as recommended in the CEQA Guidelines (Appendix G), was used to identify
environmental impacts that could occur if the proposed project is implemented. The right-hand
column in the checklist lists the source(s) for the answer to each question. The cited sources
are identified at the end of this section.
Each of the environmental categories was fully evaluated, and one of the following four
determinations was made for each checklist question:
■ "No Impact" means that no impact to the resource would occur as a result of
implementing the project.
■ "Less than Significant Impact" means that implementation of the project would not
result in a substantial and/or adverse change to the resource, and no mitigation
measures are required.
■ "Less than Significant with Mitigation Incorporated" means that the incorporation of
one or more mitigation measures is necessary to reduce the impact from potentially
significant to less than significant.
■ "Potentially Significant Impact" means that there is either substantial evidence that a
project -related effect may be significant, or, due to a lack of existing information, could
have the potential to be significant.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
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Environmental Setting
The project site is not located along any designated or eligible scenic highways and is not
visible from designated portions of 1-101 or SR -37, which are the nearest designated scenic
highways located more than six miles north of the project site (California Department of
Transportation, 2012). The project site is not within a City -designated scenic road, corridor or
scenic vista. Existing land uses adjacent to the project site consist of various residential
properties, a park, and commercial uses near the intersection. These uses have direct views of
the proposed project site. The other primary viewer group in the project area is motorists using
the roads in and near the project site. Views are limited to the road corridor and immediately
adjacent uses because the nearby buildings form barriers that prevent more distant views.
Existing sources of nighttime light in the project area include vehicle headlights, commercial
development lighting, parking lot lights and residential security lighting. Existing sources of
glare are mainly limited to automobile windshields and reflective building materials associated
with residential and commercial uses.
Discussion of Impacts
a, b) No Impact. No scenic vistas exist in or near the project site. Furthermore, there is
no state or locally designated scenic highway, road or corridor within the vicinity of
the project site. The project also would not result in impacts within a state scenic
highway, such as the removal of trees, rock outcroppings, or historic buildings.
C) Less than Significant Impact. There is the potential for temporary impacts to the
existing visual quality of the surrounding area during construction. Temporary visual
impacts resulting from the presence of construction vehicles or ground disturbance
may result during project construction activities. However, construction activities
would be temporary. The permanent development of the site would be consistent
with the existing conditions of the site. Realignment and removal of certain
intersection elements would not substantially alter the aesthetic value of the project
site. No new element of the project would be different from what is to be expected at
an intersection. Impacts would be less than significant.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
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Less than
Significant
Potentially
with
Less than
Significant
Mitigation
Significant
No
I.
AESTHETICS — Would the project:
Impact
Incorporated
Impact
Impact
Source
a)
Have a substantial adverse effect on a
❑
❑
❑
®
1,2
scenic vista?
b)
Substantially damage scenic resources,
❑
❑
❑
®
1,2,3
including, but not limited to, trees, rock
outcroppings, and historic buildings within
a state scenic highway?
c)
Substantially degrade the existing visual
❑
❑
®
❑
1
character or quality of the site and its
surroundings?
d)
Create a new source of substantial light or
❑
❑
❑
®
1
glare which would adversely affect day or
nighttime views in the area?
Environmental Setting
The project site is not located along any designated or eligible scenic highways and is not
visible from designated portions of 1-101 or SR -37, which are the nearest designated scenic
highways located more than six miles north of the project site (California Department of
Transportation, 2012). The project site is not within a City -designated scenic road, corridor or
scenic vista. Existing land uses adjacent to the project site consist of various residential
properties, a park, and commercial uses near the intersection. These uses have direct views of
the proposed project site. The other primary viewer group in the project area is motorists using
the roads in and near the project site. Views are limited to the road corridor and immediately
adjacent uses because the nearby buildings form barriers that prevent more distant views.
Existing sources of nighttime light in the project area include vehicle headlights, commercial
development lighting, parking lot lights and residential security lighting. Existing sources of
glare are mainly limited to automobile windshields and reflective building materials associated
with residential and commercial uses.
Discussion of Impacts
a, b) No Impact. No scenic vistas exist in or near the project site. Furthermore, there is
no state or locally designated scenic highway, road or corridor within the vicinity of
the project site. The project also would not result in impacts within a state scenic
highway, such as the removal of trees, rock outcroppings, or historic buildings.
C) Less than Significant Impact. There is the potential for temporary impacts to the
existing visual quality of the surrounding area during construction. Temporary visual
impacts resulting from the presence of construction vehicles or ground disturbance
may result during project construction activities. However, construction activities
would be temporary. The permanent development of the site would be consistent
with the existing conditions of the site. Realignment and removal of certain
intersection elements would not substantially alter the aesthetic value of the project
site. No new element of the project would be different from what is to be expected at
an intersection. Impacts would be less than significant.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 23
d) No Impact. Construction of the proposed project would not create a significant
source of light or glare during daytime. The long-term operation of the project would
not result in the addition of new sources of light and glare. Upon completion of
construction the light and glare conditions at the project site would be nearly identical
to existing conditions. The proposed project would not create a new source of
substantial light or glare which adversely affect day or nighttime views in the area.
Environmental Setting
The project site does not contain any farmland or forestry land and is not designated for
agricultural or forestry uses or Prime, Statewide, or Locally Important Farmland (California
Department of Conservation, 2010). The proposed project is located in residential and
commercial areas and follows existing roads. Surrounding land is developed with residential,
educational, and commercial uses.
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City of San Rafael 24
Less than
Significant
II.
AGRICULTURAL AND FORESTRY
Potentially
with
Less than
Significant
Mitigation
Significant
No
RESOURCES —Would the project:
Impact
Incorporated
Impact
Impact Source
a)
Convert Prime Farmland, Unique
❑
❑
❑
❑ 4
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to non-
agricultural use?
b)
Conflict with existing zoning for agricultural
❑
❑
❑
❑ 2
use, or a Williamson Act contract?
c)
Conflict with existing zoning for, or cause
❑
❑
❑
❑ 2
rezoning of, forest land (as defined in
Public Resources Code section 12220(g)),
timberland (as defined by Public
Resources Code section 4526), or
timberland zoned Timberland Production
(as defined by Government Code section
51104(g))?
d)
Result in the loss of forest land or
❑
❑
❑
❑ 1
conversion of forest land to non -forest
use?
e)
Involve other changes in the existing
❑
❑
❑
® 1,4
environment, which, due to their location
or nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non -forest
use??
Environmental Setting
The project site does not contain any farmland or forestry land and is not designated for
agricultural or forestry uses or Prime, Statewide, or Locally Important Farmland (California
Department of Conservation, 2010). The proposed project is located in residential and
commercial areas and follows existing roads. Surrounding land is developed with residential,
educational, and commercial uses.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 24
Discussion of Impacts
a -e) No Impact. There are no agricultural or forestry resources within the project site.
There are no Prime, Unique, Statewide or Locally Important farmlands in the area.
The project site is not under a Williamson Act Contract, nor is the project zoned as
forest land or timber production. The project would be confined to existing right-of-
ways and therefore no impacts to agricultural or forestry resources would occur.
III.
AIR QUALITY — Where available, the
significance criteria established by the
applicable air quality management or air
Less than
pollution control district may be relied
Significant
upon to make the following
Potentially
Significant
with
Mitigation
Less than
Significant
No
determinations. Would the project:
Impact
Incorporated
Impact
Impact
Source
a)
Conflict with or obstruct implementation of
❑
❑
®
❑
1,14
the applicable air quality plan?
b)
Violate any air quality standard or
❑
❑
®
❑
1,14
contribute to an existing or projected air
quality violation?
c)
Result in a cumulatively considerable net
❑
❑
®
❑
1,14
increase of any criteria pollutant for which
the project region is non -attainment under
an applicable federal or state ambient air
quality standard (including releasing
emissions which exceed quantitative
thresholds for ozone precursors)?
d)
Expose sensitive receptors to substantial
❑
❑
❑
❑
1,14
pollutant concentrations?
e)
Create objectionable odors affecting a
❑
❑
®
❑
1,14
substantial number of people?
Environmental Setting
The project site is in the San Francisco Bay Area air basin, where air quality is monitored and
regulated by the Bay Area Air Quality Management District (BAAQMD). Ambient concentrations
of key air pollutants have decreased considerably over the course of the last several decades.
Air pollution is generated by anything that burns fuel (including but not limited to cars and trucks,
construction equipment, backup generators, boilers and hot water heaters, barbeques and
broilers, gas-fired cooking ranges and ovens, fireplaces, and wood -burning stoves), almost any
evaporative emissions (including the evaporation of gasoline from service stations and vehicles,
emissions from food as it is cooked, emissions from paints, cleaning solvents, and adhesives,
etc.), and other processes (fugitive dust generated from roadways and construction activities,
etc.).
A sensitive receptor is generally defined as a location where human populations, especially
children, seniors, and sick persons, are located where there is a reasonable expectation of
continuous human exposure to air pollutants. These typically include residences, hospitals, and
schools. The site is surrounded by residential and commercial land uses.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 25
The Bay Area is currently classified as "attainment" or "unclassifiable" with respect to every
National Ambient Air Quality Standard (NAAQS) except ozone and fine particulate matter
PM2.5), for which it is still classified as "nonattainment." Ozone concentrations in the Bay Area
have also decreased considerably over the last several decades, but NAAQS are required to be
set to be protective of public health "allowing an adequate margin of safety" and have also
become more stringent. Prior to 2008, attaining the ozone NAAQS required that the "design
value"--i.e., the peak 8 -hour average concentration on the 4th -worst day of the year (averaged
over three consecutive years) --be below 0.08 parts per million (ppm); the Bay Area was
classified as "marginal" nonattainment with respect to that standard.' The Bay Area's current
ozone design value (based on 2008-2010 data) is 0.080 ppm,2 but in 2008, the ozone NAAQS
was revised to 0.075 ppm. Therefore, while EPA has not yet finalized its attainment
designations for the 2008 ozone standard, it is proposing to designate the Bay Area as
"marginal nonattainment" (0.076 - 0.086 ppm) with respect to that standard.3
The State of California also has its own ambient air quality standards (CAAQS) which are
equivalent to or more stringent than the NAAQS; the Bay Area is currently classified as
nonattainment with respect to the CAAQS for ozone, particulate matter smaller than 10 microns
(PM,o), and "fine" particulate matter smaller than 2.5 microns (PM2.5)-
Discussion of Impacts
a, b) Less Than Significant Impact. Construction activities would result in short-term
increases in emissions from the use of heavy equipment that generates dust,
exhaust, and tire -wear emissions; soil disturbance; materials used in construction;
and construction traffic. Project construction would produce fugitive dust (PM10 and
PM2.5) during ground disturbance and would generate carbon monoxide, ozone
precursors, and other emissions from vehicle and equipment operation. Best
management practices (BMPs) recommended by BAAQMD and identified above in
the project description would be implemented during construction to minimize fugitive
dust. All roadway improvement activities would take place within existing roads in a
developed community. Construction emissions would be temporary, lasting
approximately ten weeks, and would not have long-term effects on air quality in the
Bay Area. Because of the small area of disturbance, temporary nature of the
emissions, and implementation of construction measures, impacts on air quality
would be less than significant and would comply with the Bay Area 2010 Clean Air
Plan.
C) Less Than Significant Impact. As discussed under items a) b), the project would
result in minor construction -related emissions. It would not result in a cumulatively
considerable net increase of any criteria pollutant. The project would cause short-
term air quality impacts as a result of construction activities; however, it would not
result in long-term or cumulatively considerable increases in air quality pollutant
emissions for which the Bay Area is currently in non -attainment (ozone and
' The Bay Area Air Quality Management reported that the maximum 8 -hour ozone concentration only exceeded
the standard once in 2005 and once in 2007, but exceeded the standard on 12 days in 2006.
2 Lynn Terry (California Air Resources Board Deputy Executive Officer), letter to Deborah Jordan (U.S. EPA
Region 9 Air Division Director), October 12, 2011, available from
http://www. epa.gov/ozonedesignationsl2008standardslrec/letters/09_CA_rec2.pdf.
3 EPA's proposed criterion for the `marginal" classification was proposed in the Federal Register on February 14,
2012.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
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City of San Rafael 26
particulate matter). Implementation of the BMPs included in the project description
would ensure that the temporary increase in air pollutant emissions associated with
construction activities would result in less than significant contributions to cumulative
pollutant levels in the region.
d) Less Than Significant Impact. The primary sensitive receptors in the vicinity are
residents, which may include children, elderly people, or people with respiratory
illnesses. Sensitive receptors located in close proximity to several locations adjacent
to the construction area could be exposed to temporary air pollutants from
construction activities, such as fugitive dust, ozone precursors, and carbon
monoxide. The duration of construction activities would be limited. Basic
construction measures recommended by BAAQMD, listed in the project description,
would be implemented during construction to minimize air pollutants. New
construction equipment has been subject to increasingly stringent emissions
requirements at the Federal level (e.g., 40 CFR 89 and 1039), designated "Tier 1",
"Tier 2", "Tier 3", etc.; older construction equipment is subject to potential retrofit
requirements required by the State of California (13 CCR 2449, 13 CCR 2450-2466,
and 17 CCR 93116). As a result, sensitive receptors in the vicinity of the project
would not be exposed to substantial pollutant concentrations, and impacts would be
less than significant.
e) Less Than Significant Impact. Construction activities would involve the use of
gasoline or diesel -powered equipment that emits exhaust fumes and would involve
asphalt paving, which has a distinctive odor during application. Asphalt would
conform to BAAQMD regulations governing asphalt (Regulation 8, Rule 15). These
activities would take place intermittently throughout the workday, and the associated
odors are expected to dissipate within the immediate vicinity of the work area.
Persons near the construction work area may find these odors objectionable.
However, the proposed project would not include uses that have been identified by
BAAQMD as potential sources of objectionable odors, such as restaurants,
manufacturing plants, landfills, and agricultural and industrial operations. The
infrequency of the emissions, rapid dissipation of the exhaust and other odors into
the air, and short-term nature of the construction activities would result in less -than -
significant odor impacts.
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City of San Rafael 27
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
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City of San Rafael 28
Less than
Significant
IV.
BIOLOGICAL RESOURCES — Would
Potentially with Less than
Significant Mitigation Significant No
the project:
Impact Incorporated Impact Impact Source
a)
Have a substantial adverse effect, either
❑ ® ❑ ❑ 1,5,9
directly or through habitat modifications,
on any species identified as a candidate,
sensitive, or special -status species in local
or regional plans, policies, or regulations,
or by the California Department of Fish
and Game or U.S. Fish and Wildlife
Service?
b)
Have a substantial adverse effect on any
❑ ❑ ❑ ❑ 1,5,9
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, or regulations or by the
California Department of Fish and Game
or U.S. Fish and Wildlife Service?
c)
Have a substantial adverse effect on
❑ ❑ ® ❑ 1,9
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means?
d)
Interfere substantially with the movement
❑ ❑ ❑ ® 1,9
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e)
Conflict with any local policies or
❑ ❑ ® ❑ 1,2,9
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
f)
Conflict with the provisions of an adopted
❑ ❑ ❑ ® 1
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
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City of San Rafael 28
The following discussion related to biological resources is based on a Biological
Reconnaissance Memorandum prepared by WRA, Inc. and is provided in Appendix A.
Regulatory Setting
Sensitive Biological Communities
Sensitive biological communities include habitats that fulfill special functions or have special
values, such as wetlands, streams, or riparian habitat. These habitats are protected under
federal regulations such as the Clean Water Act; state regulations such as the Porter -Cologne
Act, the CDFW Streambed Alteration Program, and CEQA; or local ordinances or policies such
as city or county tree ordinances, Special Habitat Management Areas, and General Plan
Elements.
Waters of the United States
The U.S. Army Corps of Engineers (Corps) regulates "Waters of the United States" under
Section 404 of the Clean Water Act. Waters of the U.S. are defined in the Code of Federal
Regulations (CFR) as waters susceptible to use in commerce, including interstate waters and
wetlands, all other waters (intrastate waterbodies, including wetlands), and their tributaries (33
CFR 328.3). Potential wetland areas, according to the three criteria used to delineate wetlands
as defined in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory
1987), are identified by the presence of (1) hydrophytic vegetation, (2) hydric soils, and (3)
wetland hydrology. Areas that are inundated at a sufficient depth and for a sufficient duration to
exclude growth of hydrophytic vegetation are subject to Section 404 jurisdiction as "other
waters" and are often characterized by an ordinary high water mark (OHWM). Other waters, for
example, generally include lakes, rivers, and streams. The placement of fill material into Waters
of the U.S generally requires an individual or nationwide permit from the Corps under Section
404 of the Clean Water Act.
Waters of the State
The term "Waters of the State" is defined by the Porter -Cologne Act as "any surface water or
groundwater, including saline waters, within the boundaries of the state." The Regional Water
Quality Control Board (RWQCB) protects all waters in its regulatory scope and has special
responsibility for wetlands, riparian areas, and headwaters. These waterbodies have high
resource value, are vulnerable to filling, and are not systematically protected by other programs.
RWQCB jurisdiction includes "isolated" wetlands and waters that may not be regulated by the
Corps under Section 404. Waters of the State are regulated by the RWQCB under the State
Water Quality Certification Program which regulates discharges of fill and dredged material
under Section 401 of the Clean Water Act and the Porter -Cologne Water Quality Control Act.
Projects that require a Corps permit, or fall under other federal jurisdiction, and have the
potential to impact Waters of the State, are required to comply with the terms of the Water
Quality Certification determination. If a proposed project does not require a federal permit, but
does involve dredge or fill activities that may result in a discharge to Waters of the State, the
RWQCB has the option to regulate the dredge and fill activities under its state authority in the
form of Waste Discharge Requirements.
Other Sensitive Biological Communities
Other sensitive biological communities not discussed above include habitats that fulfill special
functions or have special values. Natural communities considered sensitive are those identified
in local or regional plans, policies, regulations, or by the CDFW; formerly the California
Department of Fish and Game [CDFG]). The CDFW ranks sensitive communities as
"threatened" or "very threatened" and keeps records of their occurrences in its California Natural
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
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City of San Rafael 29
Diversity Database (CNDDB) (CDFW 2013). Sensitive plant communities are also identified by
CDFW (CDFG 2003, 2007, 2009). CNDDB vegetation alliances are ranked 1 through 5 based
on NatureServe's (2010) methodology, with those alliances ranked globally (G) or statewide (S)
as 1 through 3 considered sensitive. Impacts to sensitive natural communities identified in local
or regional plans, policies, or regulations or those identified by the CDFW or U.S. Fish and
Wildlife Service (USFWS) must be considered and evaluated under CEQA (CCR Title 14, Div.
6, Chap. 3, Appendix G). Specific habitats may also be identified as sensitive in city or county
general plans or ordinances.
Environmental Setting
Vegetation Communities
The project site supports only managed landscaped areas that divide impervious paved
roadways and sidewalks. Landscaped areas exist as a barrier between Manuel T. Freitas
Parkway and the interior concrete channel, within the central portion of the project site.
Additionally, landscaped areas occur northeast of the project site intersection, in adjacent
unpaved surfaces to the turnoff from Manuel T. Freitas Parkway to northbound Las Gallinas
Avenue. Landscaped areas contain an array of planted ornamental shrubs and trees as well as
invasive species. Site hydrology is managed via a storm water drainage system that drains into
the concrete channel.
Dominant vegetation includes ornamental species such as juniper (Juniperus sp.), oleander
(Nerium oleander), firethorn (Pyracantha sp.), and crimson bottlebrush (Callistemon citrinus).
Ornamental trees were scattered throughout landscaped areas and include sweetgum
(Liquidambar styraciflua), and coast live oak (Quercus agrifolia). Additionally, the northern -most
landscaped area in the project site includes a redwood (Sequoia sempervirens), Monterey pine
(Pinus radiata), and blue gum (Eucalyptus globulus), with ground cover dominated by English
ivy (Hedera helix).
Aquatic communities within the project site include open waters associated with the concrete
channel of Gallinas Creek, discussed in detail below.
Wetlands and Waters of the U.S.
Wetlands are not present in the project site. However, approximately 0. 19 acre (530 linear feet)
of non -wetland waters were observed within the project site, associated with Gallinas Creek.
The channel of Gallinas Creek is a concrete trapezoidal flood control and storm drainage
channel, comprised of a concrete bed and banks with no natural substrates. It is lined with
ornamental shrubs to provide a visual barrier to surrounding traffic lanes. This perennial
channel is fed by many storm drain outlets of varying sizes along its length and contained water
flowing from the west during the site visit. Las Gallinas Avenue crosses the creek via a box
culvert style bridge that spans and shades a portion of Gallinas Creek. To the east of this
bridge, along the southern bank of the concrete channel, a large culvert feeds additional
stormwater flows into Gallinas Creek.
Because the concrete channel of Gallinas Creek contains an identifiable ordinary high water
mark and carries water from a perennial stream to the San Francisco Bay, the channel was
determined to be potentially jurisdictional under Section 404 of the Clean Water Act based on
current U.S. Army Corps of Engineers (Corps) guidance. Waters in the channel within the
project site are not tidal and occur approximately 3.5 river -miles from the San Francisco Bay.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 30
Figure 12. Gallinas Creek
Photograph facing east toward trapezoidal channel Photograph facing east toward concrete flood
of Gallinas Creek, carrying potential waters of the control channel of Gallinas Creek, east of subject
U.S., with subject intersection bridge in distance. intersection, carrying potential waters of the U.S.
Special -Status Plant Species
Sixty-six special -status plant species are known to occur in the vicinity of the project site (CDFW
2014, CNPS 2014). No rare plant species were observed during the site visit. Current
conditions in the project site do not contain suitable habitat for special -status plant species
known to occur in the vicinity, based on the highly disturbed and developed conditions of the
site. There is no potential for the project site to support special -status plant species.
Special -Status Wildlife Species
No special -status wildlife species have the potential to occur within the project site due to
disturbed and developed site conditions. The project site does not contain suitable habitat for
any special -status wildlife species. California black rail (Laterallus jamaicensis coturniculus)
and San Pablo song sparrow (Melospiza melodia samuelis) have been documented within 1.5
miles to the north of the project site in marsh areas connected to San Francisco Bay. However,
the project site does not contain salt marsh habitat and it is separated from San Francisco Bay
by urban development. Further, the channel within the project site is a cemented stormwater
drainage that lacks natural substrate and vegetation. Therefore, there is no potential for
special -status fish species to occur, nor is essential fish habitat (EFH) present within the
concrete channel.
Non -Special -Status Birds and Bats
Nesting birds have potential to occur within some areas of the project site including in trees,
shrubs, and along existing structures. No trees, structures, or culverts observed within the
project site provide suitable roost habitat for bat species; therefore, there is no potential for bats
to roost within the project site.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 31
Discussion of Impacts
a) Less than Significant with Mitigation Incorporated. Special -status plant species
would not be affected by project construction activities. The project site is primarily
developed and landscaped or is surrounded by disturbed, residential and commercial
area and thus does not support suitable habitat for special -status plant species
known to occur in the vicinity of the project site. Impacts on developed, urban
landscapes would be limited to near the roadway and include trimming and the
potential removal of landscaping trees in accordance with the City's tree ordinance.
Impacts to special -status plant species would be less than significant.
Common and special -status wildlife, particularly birds, may be exposed to noise and
other disturbance during construction, but these activities are typical of urban
environments and these species are usually acclimated to these types of
disturbance. In addition to regulations for special -status species, most birds in the
United States, including non -special -status species, are protected by the MBTA and
the CFGC. Under this legislation, destroying active nests, eggs, and young is illegal.
The primary potential for impacts to birds (both special -status and non-) would be
direct disturbances (including physical impacts) to active bird nests during the
breeding bird season (defined generally as February 1 to August 31). Such
disturbances could result in the abandonment of the nest and/or the destruction or
injury of eggs and/or young. However, implementation of Mitigation Measure BIO -1
would reduce such impacts to a less -than -significant level.
Mitigation Measure BIO -1:
To the extent feasible, vegetation removal and initial ground disturbance shall occur
outside of the general breeding bird season (September 1 to January 31). If these
activities must occur during the general bird breeding season (February 1 to August
31), then a pre -construction breeding bird survey shall be conducted by a qualified
biologist within seven days prior to the initiation of these activities. The survey shall
cover project impact areas and surrounding areas within 250 feet. Any active bird
nests of species protected by the MBTA and/or CFGC found during the survey shall
be protected by a suitable work exclusion buffer until all young in the nest have
fledged or the nest otherwise becomes inactive. The size of the buffer shall be
determined by the qualified biologist and based on factors such as bird species, nest
location, level of ambient visual and acoustic disturbances in the immediate area,
and other factors. Such buffers may be as small as 25 feet for common species, and
up to 250 feet for raptors.
b) No Impact. The project site supports only managed landscaped areas that divide
impervious paved roadways and sidewalks. Landscaped areas exist as a barrier
between Manuel T. Freitas Parkway and the interior concrete channel, within the
central portion of the project site. Additionally, landscaped areas occur northeast of
the project site intersection, in adjacent unpaved surfaces to the turnoff from Manuel
T. Freitas Parkway to northbound Las Gallinas Avenue. Therefore, the project would
have no impact on riparian habitat or other sensitive natural community identified in
local or regional plans, policies, or regulations or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 32
C) Less than Significant. Wetlands are not present in the project site. However,
approximately 0.19 acre (530 linear feet) of non -wetland waters were observed
within the project site, associated with Gallinas Creek. The channel of Gallinas
Creek is a concrete trapezoidal flood control and storm drainage channel, comprised
of a concrete bed and banks with no natural substrates. It is lined with ornamental
shrubs to provide a visual barrier to surrounding traffic lanes. This perennial channel
is fed by many storm drain outlets of varying sizes along its length and contained
water flowing from the west during the site visit. Las Gallinas Avenue crosses the
creek via a box culvert style bridge that spans and shades a portion of Gallinas
Creek. To the east of this bridge, along the southern bank of the concrete channel, a
large culvert feeds additional stormwater flows into Gallinas Creek.
Because the concrete channel of Gallinas Creek contains an identifiable ordinary
high water mark and carries water from a perennial stream to the San Francisco Bay,
the channel was determined to be potentially jurisdictional under Section 404 of the
Clean Water Act based on current U.S. Army Corps of Engineers (Corps) guidance.
Waters in the channel within the Study Area are not tidal and occur approximately
3.5 river -miles from the San Francisco Bay. However, the flood control channel is
altered to the extent that it provides no habitat value for biological resources.
Because of this state of alteration, minor impacts to the channel from a proposed
bridge expansion, which will result in expanding the bridge without conducting work
below OHWM, are considered less than significant.
d) No Impact. The flood control channel is altered to the extent that it provides no
habitat value for biological resources. Furthermore, the project would not conduct
work below OHWM.
e) Less than Significant. The City of San Rafael provides for the protection of street
trees along any public street, sidewalk or walkway in the city (Ord. 972 § 2, 1970;
Ord. 865 § 2, 1966: Ord. 609). Landscape trees along the roads at the project site
may require removal or trimming during construction, but measures would be taken
to avoid trees where possible. The project is not expected to impact or require the
removal of any protected trees, but if a protected tree must be removed or impacted,
it would be replaced in accordance with the municipal code. Tree removal as a
result of project implementation would not conflict with any local provisions for tree
protection, and no significant impacts are anticipated.
f) No Impact. No state, regional, or federal habitat conservation plans or Natural
Community Conservation Plans have been adopted for the project site.
Less than
Significant
V. CULTURAL RESOURCES — Would Potentially with Less than
Significant Mitigation Significant No
the project: Impact Incorporated Impact Impact Source
a) Cause a substantial adverse change in the ❑ ❑ ❑ ® 1,2
significance of a historical resource as
identified in Section 15064.5?
b) Cause a substantial adverse change in the ❑ ® ❑ ❑ 1,2
significance of an archaeological resource
pursuant to Section 15064.5?
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
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City of San Rafael 33
Discussion of Impacts
a) No Impact. Pursuant to State CEQA guideline 15064.5, the City's General Plan
(Culture and Arts Chapter, Exhibit 24) was consulted to identify any National, State
or Local historical landmarks with the project site. The project site does not contain
any resource listed in, or determined to be eligible by, the State Historical Resource
Commission and does not contain a resource included in a local register of historic
resources or identified as significant in a historical resource survey. Additionally, the
project site does not contain any object, building, structure, site, area, place, record,
or manuscript that a lead agency determined to be historically significant or
significant in the architectural, engineering, scientific, economic, agricultural,
educational, social, political, military, or cultural annals of California. Historical
buildings would not be affected by the project because all disturbances would take
place within the road rights-of-way, and intersection improvements would not change
the visual character of the roads. Therefore, no impact would occur.
b) Less than Significant with Mitigation Incorporated. All proposed project
improvements would occur within existing rights-of-way and no improvements would
require additional large-scale excavation. Furthermore, the areas within the rights-
of-way have already been disturbed as a result of the original construction of the
roads and other improvements. The previous construction activity would likely have
reduced or eliminated the significance of archaeological resources if they were
encountered. The City of San Rafael implements specific adopted archeological
resource measures in the event resources are encountered during grading. Impacts
would be less than significant with implementation of the following mitigation
measure:
Mitigation Measure CULT -1:
Prior to the start of construction, an agreement shall be executed between the City
and a qualified archaeologist and cultural monitor designated by the Federated
Indians of Graton Rancheria to monitor all project construction activities, if deemed
necessary by the tribe.
In addition, the following note shall be included on the final site plans: If any
archaeological artifacts, exotic rock (non-native), or unusual amounts of shell or bone
are uncovered during any onsite construction activities, all work must stop
immediately in the area and the City of San Rafael Public Works Department must
be notified. A qualified archaeologist and cultural monitor designated by the
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
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City of San Rafael 34
Less than
Significant
V.
CULTURAL RESOURCES — Would
Potentially
with
Less than
Significant
Mitigation
Significant
No
the project:
Impact
Incorporated
Impact
Impact Source
c)
Directly or indirectly destroy a unique
❑
❑
❑
® 1,2
paleontological resource or site or unique
geologic feature?
d)
Disturb any human remains, including
❑
❑
®
❑ 1,2
those interred outside of formal
cemeteries?
Discussion of Impacts
a) No Impact. Pursuant to State CEQA guideline 15064.5, the City's General Plan
(Culture and Arts Chapter, Exhibit 24) was consulted to identify any National, State
or Local historical landmarks with the project site. The project site does not contain
any resource listed in, or determined to be eligible by, the State Historical Resource
Commission and does not contain a resource included in a local register of historic
resources or identified as significant in a historical resource survey. Additionally, the
project site does not contain any object, building, structure, site, area, place, record,
or manuscript that a lead agency determined to be historically significant or
significant in the architectural, engineering, scientific, economic, agricultural,
educational, social, political, military, or cultural annals of California. Historical
buildings would not be affected by the project because all disturbances would take
place within the road rights-of-way, and intersection improvements would not change
the visual character of the roads. Therefore, no impact would occur.
b) Less than Significant with Mitigation Incorporated. All proposed project
improvements would occur within existing rights-of-way and no improvements would
require additional large-scale excavation. Furthermore, the areas within the rights-
of-way have already been disturbed as a result of the original construction of the
roads and other improvements. The previous construction activity would likely have
reduced or eliminated the significance of archaeological resources if they were
encountered. The City of San Rafael implements specific adopted archeological
resource measures in the event resources are encountered during grading. Impacts
would be less than significant with implementation of the following mitigation
measure:
Mitigation Measure CULT -1:
Prior to the start of construction, an agreement shall be executed between the City
and a qualified archaeologist and cultural monitor designated by the Federated
Indians of Graton Rancheria to monitor all project construction activities, if deemed
necessary by the tribe.
In addition, the following note shall be included on the final site plans: If any
archaeological artifacts, exotic rock (non-native), or unusual amounts of shell or bone
are uncovered during any onsite construction activities, all work must stop
immediately in the area and the City of San Rafael Public Works Department must
be notified. A qualified archaeologist and cultural monitor designated by the
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 34
Federated Indians of Graton Rancheria must evaluate the deposit. Work in the area
may only proceed after authorization is granted by the City and the development of a
tribal treatment plan in consultation with the Federated Indians of Graton Rancheria
as outlined below:
1) Avoidance and preservation of the resources in place, pursuant to Public
Resources Code section 21084.3, including, but not limited to, planning and
construction to avoid the resources and protect the cultural and natural context, or
planning greenspace, parks or other open space, to incorporate the resources with
culturally appropriate protection and management criteria;
2) Treating the resources with culturally appropriate dignity taking into account the
tribal cultural values and meaning of the resources, including but not limited to the
following:
a. Protecting the cultural character and integrity of the resource;
b. Protection the traditional use of the resource; and
c. Protecting the confidentiality of the resource.
3) Permanent conservation easements or other interests in real property, with
culturally appropriate management criteria for the purposes of preserving or utilizing
the resources or places.
4) Protecting the resource.
If the discovery consists of human remains, the Marin County Coroner and Native
American Heritage Commission must also be contacted. In the event that previously
unknown human remains are discovered in the project area during construction, the
procedures required by California Health and Safety Code Sections 7050.5 and
7052, as well as California Public Resources Code Section 5097, would be
implemented. These procedures include inspection of the remains by the county
coroner and a qualified archaeologist, as well as the treatment of the remains if they
are determined to be Native American in origin.c)
C) No Impact. The project site follows existing road rights -of -ways in a developed
portion of the City and does not contain any undisturbed land. No unique
paleontological or geologic resources are located in the project site.
d) Less Than Significant. There are no formal cemeteries on the site, nor are human
remains likely to exist on the site. However, the possibility remains that a resource of
cultural significance may be encountered. Per Public Resources Code 5097.98 and
Health and Human Safety Code 7050.5, if human remains are encountered,
excavation or disturbance of the location shall be halted in the vicinity of the find, and
the county coroner contacted. If the coroner determines the remains are Native
American, the coroner shall contact the Native American Heritage Commission. The
Native American Heritage Commission shall identify the person or persons believed
to be most likely descended from the deceased Native American. The most likely
descendent makes recommendations regarding the treatment of the remains with
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 35
appropriate dignity. With the compliance of State law, a less -than -significant impact
would result.
Environmental Setting
Regional Geologic Setting
The project site, like all properties in the San Francisco Bay area, is situated in a seismically
active area. The regional seismic setting is dominated by stress associated with the oblique
collision of the Pacific tectonic plate with the North American tectonic plate. The boundary
between the two tectonic plates is the San Andreas fault system, which extends nearly 700
miles along a northwest trend from Mexico to offshore northern California. In the San Francisco
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 36
Less than
Significant
VI.
GEOLOGY AND SOILS — Would the
Potentially
Significan
with
Mitigation
Less than
Significant
No
project:
tImpact
Incorporated
Impact
Impact
Source
a)
Expose people or structures to potential
2,13,
substantial adverse effects, including the
16
risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault,
❑
❑
❑
®
2,13
as delineated on the most recent
Alquist-Priolo Earthquake Fault
Zoning Map issued by the State
Geologist for the area or based on
other substantial evidence of a known
fault?
ii) Strong seismic ground shaking?
❑
❑
®
❑
2,13
iii) Seismic -related ground failure,
❑
❑
®
❑
2,13
including liquefaction?
iv) Landslides?
❑
❑
®
❑
2,13
b)
Result in substantial soil erosion or the
❑
❑
®
❑
1
loss of topsoil?
c)
Be located on a geologic unit or soil that
❑
❑
®
❑
2,6
is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction, or collapse?
d)
Be located on expansive soil, as defined
❑
❑
®
❑
2,6
in Table 18-1-B of the Uniform Building
Code, creating substantial risks to life or
property?
e)
Have soils incapable of adequately
❑
❑
❑
®
1
supporting the use of septic tanks or
alternative wastewater disposal systems
where sewers are not available for the
disposal of wastewater?
Environmental Setting
Regional Geologic Setting
The project site, like all properties in the San Francisco Bay area, is situated in a seismically
active area. The regional seismic setting is dominated by stress associated with the oblique
collision of the Pacific tectonic plate with the North American tectonic plate. The boundary
between the two tectonic plates is the San Andreas fault system, which extends nearly 700
miles along a northwest trend from Mexico to offshore northern California. In the San Francisco
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 36
Bay Area, the San Andreas fault system includes the San Andreas, Hayward, Calaveras, and
other related faults in the San Francisco Bay area. According to the U.S. Geological Survey
(Working Group on California Earthquake Probabilities 2003), there is a 62% chance of at least
a magnitude 6.7 (or greater) earthquake in the San Francisco Bay region between 2003 and
2032.
The study area is not located within a State of California Earthquake Fault Zone for active
faulting and no active faults are mapped on the property. The nearest active faults are the San
Andreas Fault, located approximately 11 miles to the west of the project site at its closest point,
and the Hayward (9 Miles).
Discussion of Impacts
a -i,) No Impact. The project site is not located within a State of California designated
Alquist-Priolo Earthquake Fault Zone (California Department of Conservation, 1974).
Earthquake fault zones are regulatory zones that encompass surface traces of active
faults that have a potential for future surface fault rupture. The closet active faults to
the site are the San Andreas Fault, located approximately 11 miles to the west of the
project site at its closest point, and the Hayward (9 Miles). No faults cross through
the project site, and surface rupture associated with a fault is not anticipated in the
City.
a -ii, iii, iv) Less than Significant Impact. The potential for landslides or liquefaction from
seismic activity is considered moderate in the project site based on the geologic units
and flat topography. Seismic -related ground failure is not anticipated in the project
site, and the project would not expose people to these hazards. Seismic activity
associated with nearby faults could cause ground shaking in the project site and
could create a risk for construction workers, if an earthquake happens during
construction. Occasional ground shaking is common in the Bay Area, and
construction workers would take the necessary precautions to maintain worker safety
in the event of an earthquake. In addition, the project is subject to all Federal, State,
and local regulations and standards for seismic conditions including the California
Building Code (CBC) and would be designed to conform to all building requirements.
Impacts associated with seismic ground shaking, liquefaction and landslides would
be less than significant.
b) Less than Significant Impact. Construction would involve limited soil disturbance,
which could temporarily expose soils to wind and water erosion. However, no native
topsoil would be disturbed because the activities would take place within existing
paved roads. Construction measures included in the project description would be
implemented to minimize the potential for erosion and indirect effects associated with
soil erosion (i.e., water quality impacts, fugitive dust). Impacts on soil would be less
than significant.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 37
c, d) Less than Significant Impact. The potential for geologic and soil hazards from
unstable or expansive soils in the project site is considered low based on the
geologic units, soil types, and flat topography. The ground disturbance associated
with the proposed project would cause soil disturbance but these actions would not
result in substantial changes in topography to ground surface relief features, geologic
substructures or unstable soil conditions, unique geologic or physical features. The
project is subject to all Federal, State, and local regulations and standards for
seismic conditions including the California Building Code (CBC)and would be
designed to conform to all building requirements. Therefore, the proposed projects
impacts would not expose human life to hazards and be less than significant.
e) No Impact. The project does not involve construction of septic tanks or alternative
wastewater disposal systems.
Less than
Significant
VII. GREENHOUSE GAS EMISSIONS Potentially with Less than
Significant Mitigation Significant No
Would the project: Impact Incorporated Impact Impact Source
a) Generate greenhouse gas emissions, ❑ ❑ ® ❑ 1
either directly or indirectly, that may have
a significant impact on the environment?
b) Conflict with any applicable plan, policy, or ❑ ❑ ® ❑ 1,14
regulation of an agency adopted for the
purpose of reducing the emissions of
greenhouse gases?
Environmental Setting
Assembly Bill 32, adopted in 2006, established the Global Warming Solutions Act of 2006 which
requires the State to reduce greenhouse gas (GHG) emissions to 1990 levels by 2020. Senate
Bill 97, adopted in 2007, required the Governor's Office of Planning and Research to develop
CEQA guidelines "for the mitigation of greenhouse gas emissions or the effects of greenhouse
gas emissions," and the Resources Agency certified and adopted the amendments to the
guidelines on December 30, 2009.
GHGs are recognized by wide consensus among the scientific community to contribute to global
warming/climate change and associated environmental impacts. The major GHGs released
from human activity are carbon dioxide, methane, and nitrous oxide (Governor's Office of
Planning and Research, 2008). The primary sources of GHGs are vehicles (including planes
and trains), energy plants, and industrial and agricultural activities (such as dairies and hog
farms).
Discussion of Impacts
a) Less Than Significant Impact. GHG emissions from the project would be produced
from construction -related equipment emissions. Based on the nature of the project
and short duration of construction, GHG emissions resulting from construction
activities will be both minor and temporary. While the project would have an
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 38
incremental contribution to GHG emissions within the context of the City and region,
the individual impact is considered less than significant.
b) Less Than Significant Impact. The proposed project would not conflict with an
applicable plan, policy, or regulation adopted for the purpose of reducing GHG
emissions. GHG emissions from off-road equipment and utility electrical usage are
identified and planned for in the BAAQMD's 2010 Clean Air Plan as well as the
BAAQMD's Source Inventory of Bay Area Greenhouse Gas Emissions (BAAQMD
2010a and 2010b). A primary objective of the 2010 Clean Air Plan is to reduce
greenhouse gas emissions to 1990 levels by 2020 and 40% below 1990 levels by
2035. The project would generate emissions similar to existing conditions and,
therefore, would not conflict with any applicable plans, policies, or regulations
adopted for the purpose of reducing GHG emissions. Therefore, a less -than -
significant impact would occur.
d) Be located on a site which is included on ❑ ❑ ® ❑ 7
a list of hazardous materials sites
compiled pursuant to Government Code
Section 65962.5 and, as a result, would it
create a significant hazard to the public or
the environment?
e) For a project located within an airport land ❑ ❑ ❑ ® 1
use plan or, where such a plan has not
been adopted, within two miles of a public
airport or public use airport, would the
project result in a safety hazard for people
residing or working in the project area?
f) For a project within the vicinity of a private ❑ ❑ ❑ ® 1
airstrip, would the project result in a safety
hazard for people residing or working in
the project area?
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City of San Rafael 39
Less than
Significant
VIII.
HAZARDS AND HAZARDOUS
Potentially
with
Less than
Significant
Mitigation
Significant
No
MATERIALS — Would the project:
Impact
Incorporated
Impact
Impact
Source
a)
Create a significant hazard to the public or
❑
❑
®
❑
1
the environment through the routine
transport, use, or disposal of hazardous
materials?
b)
Create a significant hazard to the public or
❑
❑
®
❑
1
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
c)
Emit hazardous emissions or handle
❑
❑
®
❑
1,7
hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on ❑ ❑ ® ❑ 7
a list of hazardous materials sites
compiled pursuant to Government Code
Section 65962.5 and, as a result, would it
create a significant hazard to the public or
the environment?
e) For a project located within an airport land ❑ ❑ ❑ ® 1
use plan or, where such a plan has not
been adopted, within two miles of a public
airport or public use airport, would the
project result in a safety hazard for people
residing or working in the project area?
f) For a project within the vicinity of a private ❑ ❑ ❑ ® 1
airstrip, would the project result in a safety
hazard for people residing or working in
the project area?
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
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City of San Rafael 39
VIII. HAZARDS AND HAZARDOUS Potentially
Significant
MATERIALS — Would the project: impact
g) Impair implementation of or physically ❑
interfere with an adopted emergency
response plan or emergency evacuation
plan?
h) Expose people or structures to a ❑
significant risk of loss, injury or death
involving wildland fires, including where
wildlands are adjacent to urbanized areas
or where residences are intermixed with
wildlands?
Environmental Setting
Less than
Significant
with
Less than
Mitigation
Significant No
Incorporated
Impact Impact Source
®
❑ ❑ 1
❑ ® ❑ 1,13
A material is considered hazardous if it appears on a list of hazardous materials prepared by a
federal, state, or local agency or if it has characteristics defined as hazardous by such an
agency. A hazardous material is defined in Title 22 of the California Code of Regulations as
follows:
A substance or combination of substances which, because of its quantity, concentration,
or physical, chemical or infectious characteristics, may either (1) cause, or significantly
contribute to, an increase in mortality or an increase in serious irreversible, or
incapacitating reversible, illness; or (2) pose a substantial present or potential hazard to
human health or environment when improperly treated, stored, transported or disposed
of or otherwise managed. (California Code of Regulations, Title 22, Section 66261.10)
Chemical and physical properties cause a substance to be considered hazardous. Such
properties include toxicity, ignitability, corrosivity, and reactivity (as defined in California Code of
Regulations, Title 22, Sections 66261.20-66261.24). The accidental release of hazardous
materials into the environment could potentially contaminate soils, surface water, and
groundwater supplies. Under Government Code Section 65962.5, the California Department of
Toxic Substances Control (DTSC) maintains a list of hazardous substance sites. This list,
referred to as the "Cortese List," includes CALSITE hazardous material sites, sites with leaking
underground storage tanks, and landfills with evidence of groundwater contamination.
No hazardous substance sites from the Cortese List have been identified within the project site.
No hazardous material sites monitored by DTSC on the agency's Envirostor database have
been reported within one-quarter of a mile of the project site (Department of Toxic Substances
Control, 2011).
Discussion of Impacts
a, b) Less than Significant Impact. Small amounts of hazardous materials would be
used during construction activities for equipment maintenance (e.g., fuel and
solvents) and re -paving the roads. Use of hazardous materials would be limited to
the construction phase and would comply with applicable local, state, and federal
standards associated with the handling and storage of hazardous materials.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 40
Hazardous materials would not be stored or used, such as for equipment
maintenance, where they could affect nearby land uses. Standard construction
measures included in the project description will be implemented to contain any
accidental spills of oil and other hazardous materials, and the contractor will be
required to ensure that adequate materials are on hand to clean up any accidental
spill that may occur. With implementation of these standard measures included in
the project description, impacts associated with the use or accidental spill of
hazardous materials would be less than significant.
C) Less than Significant Impact. The project site is within 0.25 -mile of a private
school (St. Isabella) and two public schools (Mark Day and Vallecito Elementary)).
Although some hazardous materials would be used during construction, given
required compliance with applicable state and federal regulations regarding the
transport, use and storage of hazardous materials, a spill or accident would have a
low potential to affect people at the schools. Any spills will be cleaned up
immediately, and all wastes and used spill control materials will be properly disposed
of at approved disposal facilities. Impacts would be less than significant.
d) Less than Significant Impact. The project site has not been identified as a
hazardous material or clean-up site. If potentially contaminated soil or groundwater
is encountered during project excavation work, standard construction measures
included in the project description shall be implemented to handle and properly
dispose of such materials, and the contractor will be required to ensure that
adequate materials are on hand to manage and dispose of any potentially
contaminated materials encountered during excavation. Any contaminated soil or
groundwater encountered during excavation will be properly disposed of at approved
disposal facilities. With implementation of these standard measures, potential
impacts associated with encountering contaminated soil or groundwater, if any are
encountered, would be less than significant.
e) No Impact. The project site is not located near a public airport. The nearest airport
is the Marin County Airport (Gnoss Field) of located approximately nine miles from
the project site.
f) No Impact. The project site is located near the private San Rafael airport, located
approximately 1.5 miles from the project site. However, the project does not contain
any element that could alter air traffic patterns. Therefore, no impact would occur.
g) Less than Significant Impact with Mitigation Incorporated. Construction
activities would require temporary lane closures and detours around the work area.
Emergency access to or evacuation from surrounding areas would not be restricted
during construction because of the availability of detours, but minor delays may be
experienced for access to or evacuation from the land uses adjacent to the work
area. All excavated areas could be quickly covered in the event of an emergency to
allow vehicles to drive through the work area, which would ensure the project does
not prevent emergency access to the residences or conflict with an emergency
response or evacuation plan. Detours will be readily available at all times to allow
emergency vehicles access around the work area. With implementation of Mitigation
Measures TRAFFIC -1 and traffic control measures included in the project
description, impacts would be less than significant.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
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City of San Rafael 41
h) Less than Significant Impact. According to the Association of Bay Area
Governments (ABAG) Wildland Urban Interface (WUI) Fire Threat map, portions of
the project site are located within and adjacent to an area subject to a moderate
threat of wildland fires. However, the project involves the short-term construction of
intersection infrastructure and the long-term operation of the project would not
increase the risk of wildfire near an urban area. Impacts would be less than
significant.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
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City of San Rafael 42
Less than
Significant
IX.
HYDROLOGY AND WATER
Potentially
with
Less than
QUALITY — Would the project:
Significant
Impact
Mitigation
Incorporated
Significant No
Impact Impact Source
a)
Violate any water quality standards or
❑
❑
® ❑ 1
waste discharge requirements?
b)
Substantially deplete groundwater
❑
❑
® ❑ 1
supplies or interfere substantially with
groundwater recharge such that there
would be a net deficit in aquifer volume or
a lowering of the local groundwater table
level (e.g., the production rate of pre-
existing nearby wells would drop to a level
which would not support existing land
uses or planned uses for which permits
have been granted)?
c)
Substantially alter the existing drainage
❑
❑
® ❑ 1
pattern of the site or area, including
through the alteration of the course of a
stream or river, in a manner which would
result in substantial erosion or siltation on -
or off-site?
d)
Substantially alter the existing drainage
❑
❑
® ❑ 1
pattern of the site or area, including
through the alteration of the course of a
stream or river, or substantially increase
the rate or amount of surface runoff in a
manner which would result in flooding on -
or off-site?
e)
Create or contribute runoff water that
❑
❑
® ❑ 1
would exceed the capacity of existing or
planned storm water drainage systems or
provide substantial additional sources of
polluted runoff?
f)
Otherwise substantially degrade water
❑
❑
® ❑ 1
quality?
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
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City of San Rafael 42
Environmental Setting
According to the RWQCB's Water Quality Control Plan for the San Francisco Basin, the project
site is located in the Marin Coastal Basin. The project site is covered with pervious surfaces,
with drainage flowing into existing street culverts and into Gallinas Creek. According to the
Federal Emergency Management Agency (FEMA) Federal Insurance Rate Maps (FIRM), the
majority of the project site is in flood zone X, which is outside the 100 -year floodplain (FEMA,
2011). Portions of the project site adjacent to the Gallinas Creek are with flood zone AE. Zone
AE is defined as an area within the 100 -year flood zone where a base flood elevation has been
determined. All work within the channel would be performed above the top of bank.
Pursuant to Section 402 of the Clean Water Act (CWA) and the Porter -Cologne Water Quality
Control Act, municipal stormwater discharges in the City of San Rafael (the City is part of the
Marin Countywide Stormwater Pollution Prevention Program) are regulated under the San
Francisco Bay Region Municipal Regional Stormwater National Pollutant Discharge Elimination
System (NPDES) Permit, Order No. R2-2009-0074, NPDES Permit No. CAS612008, adopted
October 14, 2009 (MRP). The MRP is overseen by the San Francisco Bay Regional Water
Quality Control Board (Water Board).
Discussion of Impacts
a) Less than Significant Impact. Construction activities would require ground
disturbance for minor excavation, grinding and paving, retaining, and bridge
extension installation. Soil removed would be temporarily stockpiled within the
project site, and, if not properly controlled, soil particles and other materials could be
carried in stormwater runoff to drainage facilities, which could degrade water quality
in the Gallinas Creek. If necessary, standard construction measures identified in the
project description and recommended by the Marin Countywide Water Pollution
Prevention Program would be implemented during periods of rain to minimize
pollutants carried from the project site in runoff. The project would comply with terms
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 43
Less than
Significant
IX. HYDROLOGY AND WATER
Potentially
with
Less than
Significant
Mitigation
Significant
No
QUALITY — Would the project:
Impact
Incorporated
Impact
Impact
Source
g) Place housing within a 100 -year flood
❑
❑
®
❑
2,14
hazard area as mapped on a federal
Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard
delineation map?
h) Place within a 100 -year flood hazard area
❑
❑
❑
❑
1
structures which would impede or redirect
flood flows?
i) Expose people or structures to a
❑
❑
®
❑
1
significant risk of loss, injury or death
involving flooding, including flooding as a
result of the failure of a levee or dam?
j) Inundation of seiche, tsunami, or
❑
❑
®
❑
2,14
mudflow?
Environmental Setting
According to the RWQCB's Water Quality Control Plan for the San Francisco Basin, the project
site is located in the Marin Coastal Basin. The project site is covered with pervious surfaces,
with drainage flowing into existing street culverts and into Gallinas Creek. According to the
Federal Emergency Management Agency (FEMA) Federal Insurance Rate Maps (FIRM), the
majority of the project site is in flood zone X, which is outside the 100 -year floodplain (FEMA,
2011). Portions of the project site adjacent to the Gallinas Creek are with flood zone AE. Zone
AE is defined as an area within the 100 -year flood zone where a base flood elevation has been
determined. All work within the channel would be performed above the top of bank.
Pursuant to Section 402 of the Clean Water Act (CWA) and the Porter -Cologne Water Quality
Control Act, municipal stormwater discharges in the City of San Rafael (the City is part of the
Marin Countywide Stormwater Pollution Prevention Program) are regulated under the San
Francisco Bay Region Municipal Regional Stormwater National Pollutant Discharge Elimination
System (NPDES) Permit, Order No. R2-2009-0074, NPDES Permit No. CAS612008, adopted
October 14, 2009 (MRP). The MRP is overseen by the San Francisco Bay Regional Water
Quality Control Board (Water Board).
Discussion of Impacts
a) Less than Significant Impact. Construction activities would require ground
disturbance for minor excavation, grinding and paving, retaining, and bridge
extension installation. Soil removed would be temporarily stockpiled within the
project site, and, if not properly controlled, soil particles and other materials could be
carried in stormwater runoff to drainage facilities, which could degrade water quality
in the Gallinas Creek. If necessary, standard construction measures identified in the
project description and recommended by the Marin Countywide Water Pollution
Prevention Program would be implemented during periods of rain to minimize
pollutants carried from the project site in runoff. The project would comply with terms
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 43
of the San Francisco Bay Region Municipal Regional Stormwater National Pollutant
Discharge Elimination System Permit. Water quality impacts during construction
would be less than significant.
b, c, d, e) Less than Significant Impact. The project would not require use of groundwater
supplies or affect groundwater recharge in the area. Virtually the entire project site is
paved and therefore implementation of the project would not result in a considerable
increase in impermeable surfaces or an increase in runoff compared to existing
conditions. Nor would the project cause a substantial change to the erosion and
accretion patterns.
The project would repair or replace storm drains, drainage pipes, and curb and gutter
within the project site. The project would also include the installation of new bio -
retention facilities within the project site. These improvements would increase the
ability for the project site to handle flood events, a net benefit. Impacts would be less
than significant.
f g, h, i, j) Less than Significant Impact. The project would not have other water quality
impacts beyond those discussed under item (a) above. Construction would take
place above top of bank. No housing is proposed as part of the project. Gallinas
Creek is identified as being within the 100 -year flood zone. However, upon
completion of construction, conditions would be similar to existing conditions and
would not impede or redirect flood flows. The project site is not located downstream
of any levee or dam. In addition, it is located well inland from San Francisco Bay and
is not located in a tsunami hazard zone according to the ABAG Hazard Maps.
Impacts would be less than significant.
X. LAND USE AND PLANNING — Would Potentially
Significant
the project: impact
a) Physically divide an established ❑
community?
b) Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but
not limited to the general plan, specific
plan, local coastal program, or zoning
ordinance) adopted for the purpose of
avoiding or mitigating an environmental
effect?
c) Conflict with any applicable habitat
conservation plan or natural community
conservation plan?
❑-
❑E
Less than
Significant
with
Less than
Mitigation
Significant No
Incorporated
Impact Impact Source
❑
❑ ® 1
FOR
/1
FE -
FE
re
E
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 44
Environmental Setting
The project site is in a residential community/commercial portion of the City of San Rafael.
Existing land uses adjacent to the project site consist of single-family residential homes,
recreational uses, institutional uses (i.e., schools,), and commercial retail uses. The project site
is within existing roads and their associated rights-of-way. The City of San Rafael General Plan,
adopted in 2004 with various subsequent chapter amendments, provides policies and
implementation strategies for management of the resources and land uses in the City, and the
City Codes provide restrictions and requirements to protect resources and comply with local,
state, and federal laws. Applicable General Plan policies are listed below. No habitat
conservation plans have been adopted for the area.
Regulatory Setting
San Rafael General Plan
Land Use Element
LU -1. Planning Area and Growth to 2020. Plan the circulation system and infrastructure to
provide capacity for the total development expected by 2020.
Safety Element
S-2. Location of Public Improvements. Avoid locating public improvements and utilities in
areas with identified flood, geologic and/or soil hazards to avoid any extraordinary maintenance
and operating expenses. When the location of public improvements and utilities in such areas
cannot be avoided, effective mitigation measures will be implemented.
S-10. Location of Public Improvements. To minimize threat to human health or any
extraordinary construction and monitoring expenses, avoid locating improvements and utilities in
areas with dangerous levels of identified hazardous materials. When the location of public
improvements and utilities in such areas cannot feasibly be avoided, effective mitigation
measures will be implemented.
S-18 Storm Drainage Improvements. Require new development to improve local storm
drainage facilities to accommodate site runoff anticipated from a "100 -year" storm.
S-25. Regional Water Quality Control Board (RWQCB) Requirements. Continue to work
through the Marin County Stormwater Pollution Prevention Program to implement appropriate
Watershed Management plans as dictated in the RWQCB general National Pollutant Discharge
Elimination System permit for Marin County and the local stormwater plan.
C-4. Safe Roadway Design. Design of roadways should be safe and convenient for motor
vehicles, transit, bicycles and pedestrians. Place highest priority on safety. In order to
maximize safety and multimodal mobility, the City Council may determine that an intersection is
exempt from the applicable intersection level of service standard where it is determined that a
circulation improvement is needed for public safety considerations, including bicycle and
pedestrian safety, and/or transit use improvements.
C-5. Traffic Level of Service Standards. A. Intersection LOS. In order to ensure an effective
roadway network, maintain adequate traffic levels of service (LOS) consistent with standards for
signalized intersections in the A.M. and P.M. peak hours as shown below, except as provided
for under (B) Arterial LOS.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 45
C-6. Proposed Improvements. The proposed circulation improvements in Exhibit 21 have
been identified as potentially needed to improve safety and relieve congestion in San Rafael
over the next 20 years. Major Proposed Circulation Improvements include those improvements
deemed necessary to maintain City LOS standards. Other recommended roadway
improvements, include additional improvements that may become necessary in the long-term
and are desirable to enhance San Rafael's circulation system, but are not necessary to maintain
LOS standards. Specific improvements will be implemented as conditions require, and will be
refined during the design phase. Recognize that other feasible design solutions may become
available and be more effective in achieving the same goals as the improvements listed in
Exhibit 19, and allow for their implementation, consistent with the most recent engineering
standards. As conditions change, planned roadway improvements may be amended, through
the annual General Plan Review. Roadway improvements are implemented through the Capital
Improvements Program, and are typically funded through a variety of sources, including Traffic
Mitigation Fees. Environmental review is required.
C-11. Alternative Transportation Mode Users. Encourage and promote individuals to use
alternative modes of transportation, such as regional and local transit, carpooling, bicycling,
walking and use of low -impact alternative vehicles. Support development of programs that
provide incentives for individuals to choose alternative modes
C-14. Transit Network. Encourage the continued development of a safe, efficient, and reliable
regional and local transit network to provide convenient alternatives to driving
C-26. Bicycle Plan Implementation. Make bicycling and walking an integral part of daily life in
San Rafael by implementing the San Rafael's Bicycle and Pedestrian Master Plan.
C-27. Pedestrian Plan Implementation. Promote walking as the transportation mode of
choice for short trips by implementing the pedestrian element of the City's Bicycle and
Pedestrian Master Plan. In addition to policies and programs outlined in the Bicycle and
Pedestrian Plan, provide support for the following programs:
San Rafael Bicycle Master Plan
Goal 1 - Bicycle Transportation Make the bicycle an integral part of daily life in San Rafael,
particularly for trips of less than five miles, by implementing and maintaining a bicycle facilities
network, providing end -of -trip facilities, improving bicycle/transit integration, encouraging bicycle
use, and making bicycling safer.
Goal 2 - Pedestrian Transportation Encourage walking as a daily form of transportation in San
Rafael by completing a pedestrian network that accommodates short trips and transit, improves
the quality.
Objective B — Bicycle Facilities Complete a network of bicycle facilities that provide bicycle -
friendly connections through travel corridors and to important destinations, especially for travel
to employment centers, schools, commercial districts, transit stations, parks, and institutions.
Discussion of Impacts
a) No Impact. The project involves construction of intersection improvements within an
existing road in a devolved community. The project would not physically divide an
established community. No impact would occur.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 46
b) Less than Significant Impact. A proposed project would have a significant impact
if it were to conflict with any applicable land use plan, policy, or regulation of an
agency with jurisdiction over the project (including, but not limited to the general plan,
specific plan, local coastal program, or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect. The proposed project is subject to
several local policies, plans, and regulations, as described above. The primary
objective of the proposed project is to improve intersection geometry for pedestrian
and vehicle safety. General Plan Policy C-6 identifies the Freitas/Las Gallinas
intersection to "Upgrade the traffic signal system and operation, improve intersection
geometry, and cover portions of drainage ditch." Furthermore, the project meets
General Plan goals of improving safety and would not conflict with the City of San
Rafael General Plan or other applicable plans or policies. Impacts would be less
than significant.
C) No Impact. No habitat conservation plans or natural community conservation plans
have been adopted for the project site. No impact would occur.
Discussion of Impacts
a, b) No Impact. The project site is not in or adjacent to any important mineral resource
areas. Furthermore, the development of the proposed project would not preclude
future excavation of oil or minerals should such extraction become viable. As such,
there would be no loss of availability of known mineral resources and no impact to
mineral resources.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 47
Less than
Significant
XI. MINERAL RESOURCES — Would the
Potentially
Significant
with
Mitigation
Less than
Significant
No
project:
Impact
Incorporated
Impact
Impact Source
a) Result in the loss of availability of a
❑
❑
❑
® 2
known mineral resource that would be of
value to the region and the residents of
the state?
b) Result in the loss of availability of a locally
❑
❑
❑
❑ 2
important mineral resource recovery site
delineated on a local general plan,
specific plan, or other land use plan?
Discussion of Impacts
a, b) No Impact. The project site is not in or adjacent to any important mineral resource
areas. Furthermore, the development of the proposed project would not preclude
future excavation of oil or minerals should such extraction become viable. As such,
there would be no loss of availability of known mineral resources and no impact to
mineral resources.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 47
Environmental Setting
The City of San Rafael Noise Ordinance limits construction hours to 7:00 A.M. to 5:00 P.M.
Monday through Friday. The Director of Public Works/City Engineer may grant exemptions.
Noise in the project site and vicinity is primarily from commercial development, residences, and
vehicular traffic along roads. The nearest sensitive noise receptors are the businesses and
homes along Manuel T. Freitas Parkway and Las Gallinas Avenue. The proposed project would
not include construction generated noise from pile driving.
Discussion of Impacts
a, c, d) Less than Significant Impact with Mitigation Incorporated. Sound is technically
described in terms of amplitude (loudness) and frequency (pitch). The standard unit
of sound amplitude measurement is the decibel (dB). The decibel scale is a
logarithmic scale that describes the physical intensity of the pressure vibrations that
make up any sound. The pitch of the sound is related to the frequency of the
pressure vibration. Since the human ear is not equally sensitive to a given sound
level at all frequencies, a special frequency -dependent rating scale has been devised
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 48
Less than
Significant
Potentially
with
Less than
Significant
Mitigation
Significant
No
XII.
NOISE — Would the project result in:
Impact
Incorporated
Impact
Impact
Source
a)
Exposure of persons to or generation of
❑
®
❑
❑
1,2,
noise levels in excess of standards
12
established in the local general plan or
noise ordinance, or applicable standards
of other agencies?
b)
Exposure of persons to or generation of
❑
❑
❑
❑
1
excessive groundborne vibration or
groundborne noise levels?
c)
A substantial permanent increase in
❑
®
❑
❑
1
ambient noise levels in the project vicinity
above levels existing without the project?
d)
A substantial temporary or periodic
❑
®
❑
❑
1
increase in ambient noise levels in the
project vicinity above levels existing
without the project?
e)
For a project located within an airport land
❑
❑
❑
®
1
use plan or, where such a plan has not
been adopted, within two miles of a public
airport of public use airport, would the
project expose people residing or working
in the project area to excessive noise
levels?
f)
For a project within the vicinity of a private
❑
❑
❑
®
1
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels?
Environmental Setting
The City of San Rafael Noise Ordinance limits construction hours to 7:00 A.M. to 5:00 P.M.
Monday through Friday. The Director of Public Works/City Engineer may grant exemptions.
Noise in the project site and vicinity is primarily from commercial development, residences, and
vehicular traffic along roads. The nearest sensitive noise receptors are the businesses and
homes along Manuel T. Freitas Parkway and Las Gallinas Avenue. The proposed project would
not include construction generated noise from pile driving.
Discussion of Impacts
a, c, d) Less than Significant Impact with Mitigation Incorporated. Sound is technically
described in terms of amplitude (loudness) and frequency (pitch). The standard unit
of sound amplitude measurement is the decibel (dB). The decibel scale is a
logarithmic scale that describes the physical intensity of the pressure vibrations that
make up any sound. The pitch of the sound is related to the frequency of the
pressure vibration. Since the human ear is not equally sensitive to a given sound
level at all frequencies, a special frequency -dependent rating scale has been devised
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 48
to relate noise to human sensitivity. The A -weighted decibel scale (dBA) provides
this compensation by discriminating against frequencies in a manner approximating
the sensitivity of the human ear.
Noise, on the other hand, is typically defined as unwanted sound. A typical noise
environment consists of a base of steady "background" noise that is the sum of many
distant and indistinguishable noise sources. Superimposed on this background
noise is the sound from individual local sources. These can vary from an occasional
aircraft or train passing by to virtually continuous noise from, for example, traffic on a
major highway.
Several rating scales have been developed to analyze the adverse effect of
community noise on people. Since environmental noise fluctuates over time, these
scales consider that the effect of noise upon people is largely dependent upon the
total acoustical energy content of the noise, as well as the time of day when the
noise occurs. Those that are applicable to this analysis are as follows:
• Leq — A Leq, or equivalent energy noise level, is the average acoustic energy
content of noise for a stated period of time. Thus, the Leq of a time -varying noise
and that of a steady noise are the same if they deliver the same acoustic energy
to the ear during exposure. For evaluating community impacts, this rating scale
does not vary, regardless of whether the noise occurs during the day or the night.
• Lmax — The maximum instantaneous noise level experienced during a given period
of time.
• Lm;n — The minimum instantaneous noise level experienced during a given period
of time.
• CNEL — The Community Noise Equivalent Level is a 24-hour average Leq with a 5
dBA "weighting" during the hours of 7:00 P.M. to 10:00 P.M. and a 10 dBA
"weighting" added to noise during the hours of 10:00 P.M. to 7:00 A.M. to account
for noise sensitivity in the evening and nighttime, respectively. The logarithmic
effect of these additions is that a 60 dBA 24 hour Leq would result in a
measurement of 66.7 dBA CNEL.
Noise environments and consequences of human activities are usually well
represented by median noise levels during the day, night, or over a 24-hour period.
For residential uses, environmental noise levels are generally considered low when
the CNEL is below 60 dBA, moderate in the 60-70 dBA range, and high above 70
dBA.4 Noise levels greater than 85 dBA can cause temporary or permanent hearing
loss. Examples of low daytime levels are isolated, natural settings with noise levels
as low as 20 dBA and quiet suburban residential streets with noise levels around 40
dBA. Noise levels above 45 dBA at night can disrupt sleep. Examples of moderate
level noise environments are urban residential or semi -commercial areas (typically
55-60 dBA) and commercial locations (typically 60 dBA). People may consider
louder environments adverse, but most will accept the higher levels associated with
more noisy urban residential or residential -commercial areas (60-75 dBA) or dense
urban or industrial areas (65-80 dBA).
4 Office of Planning and Research, State of California General Plan Guidelines, October 2003 (in coordination with
the California Department of Health Services).
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 49
It is widely accepted that in the community noise environment the average healthy
ear can barely perceive CNEL noise level changes of 3 dBA. CNEL changes from 3
to 5 dBA may be noticed by some individuals who are extremely sensitive to
changes in noise. A 5 dBA CNEL increase is readily noticeable, while the human ear
perceives a 10 dBA CNEL increase as a doubling of sound.
Noise levels from a particular source generally decline as distance to the receptor
increases. Other factors, such as the weather and reflecting or barriers, also help
intensify or reduce the noise level at any given location. A commonly used rule of
thumb for roadway noise is that for every doubling of distance from the source, the
noise level is reduced by about 3 dBA at acoustically "hard" locations (i.e., the area
between the noise source and the receptor is nearly complete asphalt, concrete,
hard -packed soil, or other solid materials) and 4.5 dBA at acoustically "soft" locations
(i.e., the area between the source and receptor is normal earth or has vegetation,
including grass). Noise from stationary or point sources is reduced by about 6 to 7.5
dBA for every doubling of distance at acoustically hard and soft locations,
respectively. Noise levels are also generally reduced by 1 dBA for each 1,000 feet of
distance due to air absorption. Noise levels may also be reduced by intervening
structures — generally, a single row of buildings between the receptor and the noise
source reduces the noise level by about 5 dBA, while a solid wall or berm reduces
noise levels by 5 to 10 dBA. The normal noise attenuation within residential
structures with open windows is about 17 dBA, while the noise attenuation with
closed windows is about 25 dBA.s
Table 1 lists the Federal Transit Administrations typical construction equipment noise
levels at 50 feet.
5 National Cooperative Highway Research Program Report 117, Highway Noise: A Design Guide for Highway
Engineers, 1971.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 50
Table 1. Construction Equipment Noise Generation
Equipment I Typical Noise Level (dBA) 50 ft from Source
Air Compressor
81
Backhoe
80
Ballast Equalizer
82
Ballast Tamper
83
Compactor
82
Concrete Mixer
85
Concrete Pump
82
Concrete Vibrator
76
Crane, Derrick
88
Crane, Mobile
83
Dozer
85
Generator
81
Grader
85
Impact Wrench
85
Jack Hammer
88
Loader
85
Paver
89
Pile-driver (Impact)
101
Pile-driver (Sonic)
96
Pneumatic Tool
85
Pump
76
Roller
74
Saw
76
Scarifier
83
Scraper
89
Shovel
82
Spike Driver
77
Truck
88
Source: Federal Transit Administration.
Transit Noise and Vibration Impact Assessment,
2006
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 51
Construction activities would generate temporary noise from equipment use; the
most common noise generated would be from mobile diesel equipment such as
excavators, dozers, trucks, front end loaders and compactors. The proposed project
does not include pile driving for construction. Activities would be restricted to the
hours of 7:00 A.M. to 5:00 P.M. Monday through Friday, unless otherwise approved
in writing by the Director of Public Works.
Table 1 illustrates typical noise levels from construction equipment at a reference
distance of 50 feet. Noise levels from construction equipment attenuate at a rate of
six dBA per doubling of distance. Therefore, the noise levels at a distance of 100
feet would be 6 dBA less than those shown in Table 1. Construction equipment
would generate maximum noise levels of approximately 89 decibels (dB) at 50 feet.
Construction noise levels may periodically exceed noise standards in the existing
Noise Ordinance. The temporary noise from construction would not cause a
substantial increase in ambient noise or expose sensitive receptors to unacceptable
noise levels for long periods of time. Impacts associated with construction noise
would cause a significant, temporary increase in noise levels. Incorporation of
Mitigation Measure NOISE -1 would reduce potentially significant noise impacts to a
less -than -significant level.
Long-term operational noise impacts would be less than significant because the
conditions would be similar to existing noise levels.
Mitigation Measure NOISE -1:
The City shall incorporate the following practices, in addition to those listed in the
project description, into the construction documents to be implemented by the project
contractor:
• Construction hours shall be limited to 7:00 A.M. to 5:00 P.M. Monday through
Friday, unless otherwise approved in writing by the Director of Public Works.
Notify businesses, residences, and noise -sensitive land uses adjacent to
construction sites of the construction schedule in writing. Designate the City's
construction manager as responsible for responding to any local complaints
about construction noise. The construction manager shall determine the cause
of the noise complaints (for example starting too early, or a bad muffler) and
institute reasonable measures to correct the problem. Conspicuously post a
telephone number for the construction manager at the construction site.
• Maximize the physical separation between noise generators and noise receptors.
Such separation includes, but is not limited to, the following measures:
Use heavy-duty mufflers for stationary equipment and barriers around
particularly noisy areas of the site or around the entire site;
■ Where feasible, use shields, impervious fences, or other physical sound
barriers to inhibit transmission of noise to sensitive receptors;
Locate stationary equipment to minimize noise impacts on the
community; and
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 52
■ Minimize backing movements of equipment.
• Use quiet construction equipment whenever possible.
Impact equipment (e.g., jack hammers and pavement breakers) shall be
hydraulically or electrically powered wherever possible to avoid noise associated
with compressed air exhaust from pneumatically -powered tools. Compressed air
exhaust silencers shall be used on other equipment. Other quieter procedures,
such as drilling rather than using impact equipment, shall be used whenever
feasible.
• Prohibit unnecessary idling of internal combustion engines.
b) Less than Significant Impact. Ground -borne vibration is typically associated with
blasting operations, the use of pile drivers, and large-scale demolition activities, none
of which are anticipated for the construction or operation of the proposed project. As
such, no excessive ground -borne vibrations would be generated by the proposed
project and these impacts would be less than significant.
e) No Impact. The nearest public airport to the project site is the Marin County Airport,
located approximately nine miles to the north. This distance precludes the possibility
of the project site being adversely exposed to aviation noise. No impacts in this
regard would occur.
f) No Impact. The project site is located near the private San Rafael airport, located
approximately 1.5 miles from the project site. However, the intersection would could
continue to be used in the same manner as existing conditions. No impacts in this
regard would occur.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 53
Environmental Setting
The project site is in an urbanized portion of the City of San Rafael; however, no homes are
located within the project site.
Discussion of Impacts
a -c) No Impact. The project would improve vehicular, bicycle, and pedestrian circulation
safety of the intersection. The project would be within existing road rights-of-way
and would not displace people or housing. As the project does not include new
housing, it would not result in a substantial increase in population or housing units in
the City. No impacts would occur.
Less than
Less than
Significant
Significant
PUBLIC SERVICES — Would the
PotenXIV.
Significantlly
Significant
with
Mitigation
POPULATION AND HOUSING —
PotenXIII.
Significantlly
Significant
with
Mitigation
Less than
Significant
No
Incorporated
Impact
Would the project:
Impact
Incorporated
Impact
Impact
Source
a)
Induce substantial population growth in an
❑
❑
❑
®
1
area, either directly (for example, by
facilities, need for new or physically
proposing new homes and businesses) or
altered governmental facilities, the
indirectly (for example, through extension
construction of which could cause
of roads or other infrastructure)?
significant environmental impacts, in order
b)
Displace substantial numbers of existing
❑
❑
❑
®
1
housing, necessitating the construction of
response times, or other performance
replacement housing elsewhere?
c)
Displace substantial numbers of people
❑
❑
❑
❑
1
❑
necessitating the construction of
❑
❑
1
Schools?
❑
❑
replacement housing elsewhere?
®
1
Parks?
❑
❑
Environmental Setting
The project site is in an urbanized portion of the City of San Rafael; however, no homes are
located within the project site.
Discussion of Impacts
a -c) No Impact. The project would improve vehicular, bicycle, and pedestrian circulation
safety of the intersection. The project would be within existing road rights-of-way
and would not displace people or housing. As the project does not include new
housing, it would not result in a substantial increase in population or housing units in
the City. No impacts would occur.
Less than
Significant
PUBLIC SERVICES — Would the
PotenXIV.
Significantlly
Significant
with
Mitigation
Less than
Significant
No
project:
Impact
Incorporated
Impact
Impact
Source
a) Result in substantial adverse physical
impacts associated with the provision of
new or physically altered governmental
facilities, need for new or physically
altered governmental facilities, the
construction of which could cause
significant environmental impacts, in order
to maintain acceptable service ratios,
response times, or other performance
objectives for any of the public services:
Fire protection?
❑
®
❑
❑
1
Police protection?
❑
❑
❑
❑
1
Schools?
❑
❑
❑
®
1
Parks?
❑
❑
❑
®
1
Manuel T. Freitas Parkway and
Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project
January
2016
City of San Rafael
54
Environmental Setting
San Rafael Fire Department
The San Rafael Fire Department provides life safety emergency and non -emergency services in
the areas of fire protection, technical rescue, emergency medical services, and disaster
response. The Department has operates 7 Fire Stations with 23 personnel 24/7 that provide
these services within the City limits and other areas as defined through contracts and mutual aid
agreements with bordering areas.
San Rafael Police Department
The San Rafael Police Department has been in existence since 1855. In its current
configuration, the Chief of Police directs a staff of 65 sworn and 24 non -sworn employees.
Patrol is the largest division led by a Captain and includes the Traffic Unit, SWAT team, and
Foot -beat. The Support Services Captain oversees Investigations, which is comprised of one
lieutenant, one sergeant and four detectives, one School Resource Officer, a one sergeant -two
officer Directed Patrol Unit, Youth Services Counseling, Records, Property Evidence, Dispatch,
Permits and Personnel and Training.
San Rafael City Schools
The San Rafael City Schools (SRCS) includes the San Rafael Elementary School District and
the San Rafael High School District, with a total student population of nearly 7,000. The two
districts are governed by one school board and one district office administration. The
Elementary District is composed of nine schools. The High School District provides secondary
education to students residing in two elementary districts: Dixie School District and San Rafael
Elementary District. The High School District has two comprehensive 9-12 high schools and a
continuation high school.
Parks and Recreational Facilities
The City of San Rafael has 25 City -owned parks totaling 140 acres, eight county parks totaling
532 acres, one State park with 1,640 acres and three community centers. There are 3,285
acres of open space within the city limits of San Rafael, or approximately 25 percent of the
City's land area, which is owned or in part by the City of San Rafael. There is almost 7,300
acres of combined City and County open space within San Rafael's Sphere of Influence.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 55
Less than
Significant
PUBLIC SERVICES
PotenXIV.
— Would the
with
Less than
Significantlly
Significant
Mitigation
Significant No
project:
Impact
Incorporated
Impact Impact Source
Other public facilities?
❑
❑
❑ ❑ 1
Environmental Setting
San Rafael Fire Department
The San Rafael Fire Department provides life safety emergency and non -emergency services in
the areas of fire protection, technical rescue, emergency medical services, and disaster
response. The Department has operates 7 Fire Stations with 23 personnel 24/7 that provide
these services within the City limits and other areas as defined through contracts and mutual aid
agreements with bordering areas.
San Rafael Police Department
The San Rafael Police Department has been in existence since 1855. In its current
configuration, the Chief of Police directs a staff of 65 sworn and 24 non -sworn employees.
Patrol is the largest division led by a Captain and includes the Traffic Unit, SWAT team, and
Foot -beat. The Support Services Captain oversees Investigations, which is comprised of one
lieutenant, one sergeant and four detectives, one School Resource Officer, a one sergeant -two
officer Directed Patrol Unit, Youth Services Counseling, Records, Property Evidence, Dispatch,
Permits and Personnel and Training.
San Rafael City Schools
The San Rafael City Schools (SRCS) includes the San Rafael Elementary School District and
the San Rafael High School District, with a total student population of nearly 7,000. The two
districts are governed by one school board and one district office administration. The
Elementary District is composed of nine schools. The High School District provides secondary
education to students residing in two elementary districts: Dixie School District and San Rafael
Elementary District. The High School District has two comprehensive 9-12 high schools and a
continuation high school.
Parks and Recreational Facilities
The City of San Rafael has 25 City -owned parks totaling 140 acres, eight county parks totaling
532 acres, one State park with 1,640 acres and three community centers. There are 3,285
acres of open space within the city limits of San Rafael, or approximately 25 percent of the
City's land area, which is owned or in part by the City of San Rafael. There is almost 7,300
acres of combined City and County open space within San Rafael's Sphere of Influence.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 55
Discussion of Impacts
a) Less than Significant with Mitigation Incorporated. Given the proposed project
would not permanently increase the existing residential or employment population in
the City, the project would not result in a long-term increase in the demand for public
services or require construction of new governmental facilities. The purpose of the
project is to improve vehicular, bicycle, and pedestrian circulation safety of the
intersection. Therefore, no impacts related to schools, parks or other public facilities
would occur. However, there is the potential for construction activities to slow
emergency response times. Implementation of Mitigation Measure TRAFFIC -1
would reduce potentially significant impacts related to any potential Fire Department
and Police Department delays to a less -than -significant level.
Environmental Setting
No parks or recreational facilities are located in the project site. The Arbor Park parquette is
located adjacent to western edge of the project site.
Discussion of Impacts
a, b) No Impact. Given the proposed project would not permanently increase the existing
residential or employment population in the City, the project would not affect
recreational facilities or increase the use of nearby recreational facilities. The
purpose of the project is to improve vehicular, bicycle, and pedestrian circulation
safety of the intersection and it does not include recreational facilities or require the
construction or expansion of recreational facilities. No Impacts would occur.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 56
Less than
Significant
Potentially
with
Less than
Significant
Mitigation
Significant
No
XV. RECREATION —Would the project:
impact
Incorporated
Impact
Impact Source
a) Increase the use of existing neighborhood
❑
❑
❑
® 1
and regional parks or other recreational
facilities such that substantial physical
deterioration of the facility would occur or
be accelerated?
b) Include recreational facilities or require the
❑
❑
❑
® 1
construction or expansion of recreational
facilities which might have an adverse
physical effect on the environment?
Environmental Setting
No parks or recreational facilities are located in the project site. The Arbor Park parquette is
located adjacent to western edge of the project site.
Discussion of Impacts
a, b) No Impact. Given the proposed project would not permanently increase the existing
residential or employment population in the City, the project would not affect
recreational facilities or increase the use of nearby recreational facilities. The
purpose of the project is to improve vehicular, bicycle, and pedestrian circulation
safety of the intersection and it does not include recreational facilities or require the
construction or expansion of recreational facilities. No Impacts would occur.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 56
Pedestrians
Pedestrian facilities in the project site include sidewalks, crosswalks, and pedestrian signals. At
the Las Gallinas Avenue/ Manual T. Freitas Parkway intersection, both streets provide
sidewalks on all approaches to the intersection. Crosswalks, curb ramps, and pedestrian
signals are provided on all legs of the intersection except for the east leg, crossing Freitas
Parkway. Currently, pedestrians starting at the southeast corner of the intersection must cross
three legs of traffic to get to northwest corner.
Bicyclists
Bicycle facilities are provided in the general vicinity of the project site. Class II bicycle lanes are
provided leading up to the north, south, and west sides of the intersection. Approximately 180 -
feet before the intersection, the northbound Class II bicycle lane ends, dropping bicyclists into
the vehicle travel way. Similarly, approximately 220 feet and 310 feet, southbound and
eastbound, respectively, before the intersection, the Class II bicycle lanes end, dropping
bicyclists into the vehicle travel way. Bicycle lanes are provided in the westbound and
southbound exit approaches, just after the intersection.
Transit
Several transit routes are within proximity of the project intersection. A list of those routes and
their stop location relative to the project intersection is shown in Appendix B, Table 1.
Sidewalks are provided to the bus stop and bus shelters are provided at some of the nearby
stops.
Vehicles
Las Gallinas Avenue is a two-lane north -south facility beginning at the Northgate Mall to the
south and terminating in a residential neighborhood to the north. Freitas Parkway is a four -lane
east -west facility connecting U.S.-101 to neighborhoods west of the freeway. The intersection is
signalized with left turn and right turn pockets for each approach.
Discussion of Impacts
a) Less than Significant Impact. Construction traffic (equipment and materials
transport and daily worker traffic) would slightly increase traffic on local roads during
the temporary construction phase of the proposed project. Temporary construction
traffic would be limited to equipment delivery and material transport, and a few
employee vehicles on a daily basis. The temporary construction -related traffic would
not result in a noticeable increase in traffic on local roads and is not expected to
reduce the level of service (LOS) for local intersections. Vehicles transporting
equipment and materials to the project site could cause slight delays for travelers as
the construction vehicles stop to unload. Temporary lane closures could also require
motorists to detour around the project site or expect delays while traveling through
the project site. Traffic control measures described in the project description would
be in place during the construction phase to alert motorists to potential delays and
identify detour routes, as described in the project description. With these measures
and the temporary nature of construction -related traffic, impacts on traffic would be
less than significant.
Under existing conditions, year 2015, results in a nominal increase to intersection
delay. In the near term, year 2020, the no project conditions degrade such that the
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 58
project intersection operates at an unacceptable LOS during the A.M. peak hour.
The Fehr and Peers memorandum concluded that the proposed project would result
in better intersection operations with a decrease to intersection delay. In the P.M.
peak hour, the intersection would operate at the same LOS as the no project
condition. Therefore, operational impacts on traffic would be less than significant.
b) Less than Significant Impact. A significant impact may occur if the adopted
California Department of Transportation (Caltrans) and Marin County Congestion
Management Agency (CMA) thresholds for a significant project impact would be
exceeded. To address the increasing public concern that traffic congestion is
impacting the quality of life and economic vitality of the State of California, the
Congestion Management Program (CMP) was enacted by Proposition 111. The
CMP designated a transportation network including all State highways and some
arterials within the County to be monitored by local jurisdictions. If the LOS standard
deteriorates on the CMP network, then local jurisdictions must prepare a deficiency
plan to be in conformance with the CMP program.
As discussed above, the proposed project would not permanently increase traffic on
local roads or highways to a level that would affect intersection LOS. The project
would maintain at least one lane of traffic in one direction at all times during
construction. The proposed project would not result in long-term traffic increases.
Impacts would be less than significant.
C) No Impact. This question would apply to the proposed project only if it were an
aviation -related use. The project site does not contain any aviation -related uses, and
the proposed project would not include the development of any aviation -related uses.
Therefore, the proposed project would not affect air traffic patterns and would have
no effect on air traffic levels or safety.
d) Less than Significant Impact. A significant impact may occur if a project were to
include a new roadway design, introduce a new land use or permanent project
features into an area with specific transportation requirements and characteristics
that have not been previously experienced in that area, or if project access or other
features were designed in such a way as to create hazardous conditions. The
memorandum prepared by Fehr and Peers found that the proposed project would
provide benefits to pedestrian and bicycle safety by removing pork chops and
slowing vehicles down, providing exclusive left turns and separating the pedestrian
and vehicle conflicts, or a leading pedestrian interval to give pedestrians the right-of-
way before vehicles. Adequate sight distance would be available for motorists to
access and depart the project site. Impacts would be less than significant.
e) Less than Significant with Mitigation Incorporated. Construction activities would
require temporary lane closures and detours around the work area. Minor delays
may be experienced for emergency access to the residences adjacent to the work
area. Detours would be available throughout the construction period in the event of
an emergency to allow vehicles to drive around the work area. The earthwork could
be quickly covered in the event of an emergency to allow vehicles to drive through
the work area. This is a short term construction related impact that would cease
upon project completion. Implementation of Mitigation Measures TRAFFIC -1 and
would reduce this impact to less than significant.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 59
Mitigation Measure TRAFFIC -1:
• Local emergency services shall be notified prior to construction to inform
them that traffic delays may occur, and also of the proposed construction
schedule.
• The City shall require the contractor to provide for passage of emergency
vehicles through the project site at all times.
• The City shall require the contractor to maintain access to all properties
during project construction.
f) Less than Significant Impact. The project's purpose is to improve pedestrian and
bicycle safety by removing pork chop islands and slowing vehicles down, providing
exclusive left turns and separating the pedestrian and vehicle conflicts. Upon
completion of the project, the accessibility of pedestrian, bicycle and alternative
forms of transit facilities would be improved over existing conditions.
b)
Require or result in the construction of
Less than
❑
®
❑ 1
Significant
new water or wastewater treatment
XVII. UTILITIES AND SERVICE SYSTEMS
Potentially
with
Less than
Significant
Mitigation
Significant No
—Would the project:
Impact
Incorporated
Impact Impact Source
a) Exceed wastewater treatment
❑
❑
® ❑ 1
requirements of the applicable Regional
significant environmental effects?
Water Quality Control Board?
c)
Require or result in the construction of
b)
Require or result in the construction of
❑
❑
®
❑ 1
new water or wastewater treatment
facilities or expansion of existing facilities,
the construction of which could cause
significant environmental effects?
c)
Require or result in the construction of
❑
❑
❑
❑ 1
new storm water drainage facilities or
expansion of existing facilities, the
construction of which could cause
significant environmental effects?
d)
Have sufficient water supplies available to
❑
❑
®
❑ 1
serve the project from existing
entitlements and resources, or are new or
expanded entitlements needed?
e)
Result in a determination by the
❑
❑
❑
❑ 1
wastewater treatment provider which
serves or may serve the project that it has
adequate capacity to serve the project's
projected demand in addition to the
provider's existing commitments?
f)
Be served by a landfill with sufficient
❑
❑
®
❑ 1
permitted capacity to accommodate the
project's solid waste disposal needs?
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 60
Discussion of Impacts
a - e) Less than Significant Impact. Neither construction nor operation of the project
would generate wastewater or consume potable water. The project would repair or
replace storm drains, drainage pipes, and curb and gutter within the project site. The
project would also include the installation of new bio -retention facilities within the
project site. These improvements would increase the ability for the project site to
handle flood events, a net benefit. As a result, the project would have less than
significant impacts related to: 1) exceedance of wastewater treatment requirements;
2) physical impacts from new storm drainage facilities; 3) water supply; and 4)
wastewater treatment capacity.
f, g) Less than Significant Impact. The project would generate a small quantity of soil
spoils and solid waste from removal of pavement within the intersection, but all
generated waste would be properly disposed or recycled in a nearby landfill or
approved disposal facility with capacity to receive the waste. Any materials used
during construction would be properly disposed of in accordance with federal, state,
and local regulations. Impacts related to solid waste facilities would be less than
significant.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 61
Less than
Significant
UTILITIES AND SERVICE SYSTEMS
PotenXVII.
with
Less than
Significantlly
Significant
Mitigation
Significant No
—Would the project:
Impact
Incorporated
Impact Impact Source
g) Comply with federal, state, and local
❑
❑
® ❑ 1
statutes and regulations related to solid
waste?
Discussion of Impacts
a - e) Less than Significant Impact. Neither construction nor operation of the project
would generate wastewater or consume potable water. The project would repair or
replace storm drains, drainage pipes, and curb and gutter within the project site. The
project would also include the installation of new bio -retention facilities within the
project site. These improvements would increase the ability for the project site to
handle flood events, a net benefit. As a result, the project would have less than
significant impacts related to: 1) exceedance of wastewater treatment requirements;
2) physical impacts from new storm drainage facilities; 3) water supply; and 4)
wastewater treatment capacity.
f, g) Less than Significant Impact. The project would generate a small quantity of soil
spoils and solid waste from removal of pavement within the intersection, but all
generated waste would be properly disposed or recycled in a nearby landfill or
approved disposal facility with capacity to receive the waste. Any materials used
during construction would be properly disposed of in accordance with federal, state,
and local regulations. Impacts related to solid waste facilities would be less than
significant.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 61
XVIII. MANDATORY FINDINGS OF Potentially
Significant
SIGNIFICANCE Impact
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the incremental
effects of a project are considerable when
viewed in connection with the effects of
past projects, the effects of other current
projects, and the effects of probable future
projects)?
a
n
c) Does the project have environmental ❑
effects that will cause substantial adverse
effects on human beings, either directly or
indirectly?
Discussion
Less than
Significant
with
Mitigation
Incorporated
/1
Less than
Significant
Impact
a
111
No
Impact Source
❑ 1
IN
IN
a) Less than Significant with Mitigation Incorporation. The incorporation of the
mitigation measures included in Section IV (Biological Resources) would reduce
potential impacts to a less -than -significant level. The project site does not contain
any resource listed in, or determined to be eligible by, the State Historical Resource
Commission and does not contain a resource included in a local register of historic
resources or identified as significant in a historical resource survey. Additionally, the
project site does not contain any object, building, structure, site, area, place, record,
or manuscript that a lead agency determined to be historically significant or
significant in the architectural, engineering, scientific, economic, agricultural,
educational, social, political, military, or cultural annals of California. However,
cultural resources could potentially be uncovered during construction. Mitigation
measures included in Section V (Cultural Resources) would reduce potential impacts
to a less -than -significant level.
b) Less Than Significant Impact with Mitigation Incorporation. Cumulatively
considerable means that the incremental effects of an individual project are
considerable when viewed in connection with the effects of past projects, the effects
of other current projects, and the effects of probable future projects. The analysis
within this Initial Study demonstrates that the project would not have any individually
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 62
limited, but cumulatively considerable impacts. As presented in the analysis in
Biological Resources, Cultural Resources, Hazards and Hazardous Materials, Noise,
Public Services, and Transportation/Traffic sections, any potentially significant
impacts would be less than significant after mitigation. Due to the limited scope of
direct physical impacts to the environment associated with construction, the project's
impacts are project -specific in nature. Compliance with the conditions of approval
issued for the proposed development would further assure that project -level impacts
would not be cumulatively considerable. Consequently, the project along with other
cumulative projects will create a less than significant cumulative impact with respect
to all environmental issues.
C) Less Than Significant Impact. With implementation of the various construction
measures and BMPs included in the proposed project description, the project would
not result in substantial adverse effects to human beings, either directly or indirectly.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 63
CHECKLIST INFORMATION SOURCES
1. Professional judgment and expertise of the environmental/technical specialists
evaluating the project, based on a review of existing conditions and project details,
including standard construction measures
2. City of San Rafael General Plan, 2004
3. California Department of Transportation, 2012
4. California Department of Conservation, 2010
5. U.S. Fish and Wildlife Service, California Department of Fish and Game, and California
Native Plant Society species lists
6. Natural Resources Conservation Service, 2011
7. Department of Toxic Substances Control, 2011, and State Water Resources Control
Board, 2011
8. Federal Emergency Management Agency, 2011
9. WRA, Inc., 2015
10. Fehr and Peers, 2015
11. California Department of Conservation, 2006
12. City of San Rafael Noise Ordinance
13. ABAG Hazards Mapping, 2014
14. Bay Area Air Quality Management District, 2010
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 64
SETTING REFERENCES
Association of Bay Area Governments (ABAG). Earthquake and Hazards Program.
http://gis.abag.ca.gov/website/Hazards/?hlyr=femaZones Accessed May 2015.
Bay Area Air Quality Management District (BAAQMD). 2010a. Clean Air Plan, BAAQMD,
Planning Rules and Research Division, Plans. October 4, 2010
Bay Area Air Quality Management District (BAAQMD). 2010b. Source Inventory of Bay Area
Greenhouse Gas Emissions, San Francisco, CA. February 2010
California Department of Conservation. 2006. State of California Seismic Hazard Zones Palo
Alto Quadrangle Official map. Available at
http://gmw.consrv.ca.gov/shmp/download/pdf/ozn_paloa.pdf Accessed May 2015.
California Department of Conservation. 2010. Farmland Mapping and Monitoring Program:
Marin County Important Farmland 2010. Accessed May 2015.
California Department of Fish and Wildlife (CDFW). 2014. California Natural Diversity
Database. Wildlife and Habitat Data Analysis Branch, Sacramento, CA.
California Department of Transportation. 2012. Scenic highways: Marin County. Accessed
May 2015.
California Native Plant Society (CNPS). 2014. Inventory of Rare and Endangered Plants of
California. California Native Plant Society, Sacramento, California. Online at:
http://www.rareplants.cnps.org; accessed: December 2014.
Department of Toxic Substances Control. 2011. EnviroStor database: San Rafael Available
at: <http://www.envirostor.dtsc.ca.gov/public/>. Accessed May 2015.
Federal Emergency Management Agency. 2011. Flood Insurance Rate Map 06041CO293D,
Available at:
http://map1.msc.fema.gov/idms/IntraList.cgi?displ=wsp/item_06041 CO293D.txt
Accessed August 2015
Fehr and Peers, 2015. Las Gallinas Avenue / Manuel T Freitas Parkway Intersection
Improvement — Multimodal Assessment
Governor's Office of Planning and Research. 2008. Technical advisory: CEQA and climate
change: Addressing climate change through California Environmental Quality Act
Review. Sacramento, CA. Available at: <http://opr.ca.gov/docs/june08-ceqa.pdf >.
June 19, 2008. Accessed May 2015.
Lynn Terry (California Air Resources Board Deputy Executive Officer), letter to Deborah Jordan
(U.S. EPA Region 9 Air Division Director), October 12, 2011, available from
http://www.epa.gov/ozonedesignations/2008standards/rec/letters/09_CA_rec2.pdf.
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 65
National Cooperative Highway Research Program Report 117, Highway Noise: A Design Guide
for Highway Engineers, 1971.
Natural Resources Conservation Service. 2011. Web Soil Survey for the San Rafael Area.
Available at: <http://websoilsurvey.nres.usda.gov/app/HomePage.htm>. Accessed May
2015.
Office of Planning and Research, State of California General Plan Guidelines, October 2003 (in
coordination with the California Department of Health Services).
Sawyer, J, T Keeler -Wolf and J Evens. 2009. A Manual of California Vegetation. California
Native Plant Society, Berkeley, CA.
State Water Resources Control Board. 2011. GeoTracker GAMA (Groundwater Ambient
Monitoring and Assessment): San Rafael. Available at:
<http://geotracker.waterboards.ca.gov/gama/>. Accessed May 2015.
United States Fish and Wildlife Service (USFWS). 2014. Species List for Marin County,
Sacramento Fish and Wildlife Service.
Working Group on California Earthquake Probabilities. 2008. The Uniform California
Earthquake Rupture Forecast, Version 2 (UCERF 2). U.S. Geological Survey Open -File
Report 2007-1437 and California Geological Survey Special Report 203. Reston, VA.
2008
WRA, 2015. Biological Reconnaissance: Manuel T. Freitas Parkway and Las Gallinas Avenue
Intersection Improvements, San Rafael, CA
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 66
REPORT PREPARATION
City of San Rafael — CEQA Lead Agency
Jeff Stutsman, P.E.,
Assistant Civil Engineer
CSW/Stuber-Stroeh Engineering Group, Inc. — Project Engineer
Rich Souza, P.E.
Project Manager
WRA, Inc. — CEQA and Regulatory Permits Consultant
Geoff Smick
Principal
Justin Semion
Principal
Geoff Reilly
Project Manager
Jonathan Hidalgo
Environmental Planner
Stephanie Freed
Biologist
Derek Chan
GIS Professional
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 67
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 68
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MONITORING AND REPORTING PROGRAM
Manuel T. Freitas Parkway and Las Gallinas Avenue Intersection Improvements Project
Mitigation Measure
IV. BIOLOGICAL RESOURCES
13I0-1 To the extent feasible, vegetation
removal and initial ground disturbance
shall occur outside of the general breeding
bird season (September 1 to January 31).
If these activities must occur during the
general bird breeding season (February 1
to August 31), then a pre -construction
breeding bird survey shall be conducted
by a qualified biologist within seven days
prior to the initiation of these activities.
The survey shall cover project impact
areas and surrounding areas within 250
feet. Any active bird nests of species
protected by the MBTA and/or CFGC
found during the survey shall be protected
by a suitable work exclusion buffer until all
young in the nest have fledged or the nest
otherwise becomes inactive. The size of
the buffer shall be determined by the
qualified biologist and based on factors
such as bird species, nest location, level of
ambient visual and acoustic disturbances
in the immediate area, and other factors.
Such buffers may be as small as 25 feet
Manuel T. Freitas Parkway and
Las Gallinas Avenue Intersection Improvements Project
City of San Rafael
Implementation
Procedure
Require as a
condition of
approval
Monitoring
Responsibility
Planning
Division
Project sponsor Building
obtains Division
approvals from
appropriate
agencies prior
to issuance of
building permits
.•
Monitoring /
Reporting
Action & Schedule
Incorporate as
condition of project
approval
Building Division
verifies appropriate
approvals obtained
prior to issuance of
building permit
Non -Compliance Monitoring
Sanction/Activity Compliance
Record
(Name/Date)
Deny project
Deny issuance of
building permit
Initial Study/Mitigated Negative Declaration
January 2016
MITIGATION MONITORING AND REPORTING PROGRAM
Manuel T. Freitas Parkway and Las Gallinas Avenue Intersection Improvements Project
Mitigation Measure
for common species, and up to 250 feet
for raptors.
V. CULTURAL RESOURCES
CULT -1 Prior to the start of construction, an
agreement shall be executed between the City
and a qualified archaeologist and cultural
monitor designated by the Federated Indians of
Graton Rancheria to monitor all project
construction activities, if deemed necessary by
the tribe.
In addition, the following note shall be included
on the final site plans: If any archaeological
artifacts, exotic rock (non-native), or unusual
amounts of shell or bone are uncovered during
any onsite construction activities, all work must
stop immediately in the area and the City of
San Rafael Public Works Department must be
notified. A qualified archaeologist and cultural
monitor designated by the Federated Indians of
Graton Rancheria must evaluate the deposit.
Work in the area may only proceed after
authorization is granted by the City and the
development of a tribal treatment plan in
consultation with the Federated Indians of
Graton Rancheria as outlined below:
1) Avoidance and preservation of the
resources in place, pursuant to Public
Resources Code section 21084.3,
Manuel T. Freitas Parkway and
Las Gallinas Avenue Intersection Improvements Project
City of San Rafael
Implementation
Procedure
Require as a
condition of
approval
Monitoring Monitoring / Non -Compliance Monitoring
Responsibility Reporting Sanction/Activity Compliance
Action & Schedule Record
(Name/Date)
Planning
Division
Project sponsor Building
obtains Division
approvals from
appropriate
agencies prior
to issuance of
building permits
70
Incorporate as
condition of project
approval
Building Division
verifies appropriate
approvals obtained
prior to issuance of
building permit
Deny project
Deny issuance of
building permit
Initial Study/Mitigated Negative Declaration
January 2016
MITIGATION MONITORING AND REPORTING PROGRAM
Manuel T. Freitas Parkway and Las Gallinas Avenue Intersection Improvements Project
Mitigation Measure
including, but not limited to, planning
and construction to avoid the resources
and protect the cultural and natural
context, or planning greenspace, parks
or other open space, to incorporate the
resources with culturally appropriate
protection and management criteria;
2) Treating the resources with culturally
appropriate dignity taking into account
the tribal cultural values and meaning
of the resources, including but not
limited to the following:
a. Protecting the cultural character and
integrity of the resource;
b. Protection the traditional use of the
resource; and
c. Protecting the confidentiality of the
resource.
3) Permanent conservation easements or
other interests in real property, with
culturally appropriate management
criteria for the purposes of preserving
or utilizing the resources or places.
4) Protecting the resource.
If the discovery consists of human remains, the
Marin County Coroner and Native American
Heritage Commission must also be contacted.
In the event that previously unknown human
remains are discovered in the project area
Manuel T. Freitas Parkway and
Las Gallinas Avenue Intersection Improvements Project
City of San Rafael
Implementation Monitoring Monitoring / Non -Compliance Monitoring
Procedure Responsibility Reporting Sanction/Activity Compliance
Action & Schedule Record
(Name/Date)
71
Initial Study/Mitigated Negative Declaration
January 2016
MITIGATION MONITORING AND REPORTING PROGRAM
Manuel T. Freitas Parkway and Las Gallinas Avenue Intersection Improvements Project
Mitigation Measure
during construction, the procedures required by
California Health and Safety Code Sections
7050.5 and 7052, as well as California Public
Resources Code Section 5097, would be
implemented. These procedures include
inspection of the remains by the county coroner
and a qualified archaeologist, as well as the
treatment of the remains if they are determined
to be Native American in origin.
XII. NOISE
NOISE -1 The City shall incorporate the
following practices, in addition to those
listed in the project description, into the
construction documents to be
implemented by the project contractor:
• Construction hours shall be limited to
7:00 A.M. to 5:00 P.M. Monday
through Friday, unless otherwise
approved in writing by the Director of
Public Works.
• Notify businesses, residences, and
noise -sensitive land uses adjacent to
construction sites of the construction
schedule in writing. Designate the
City's construction manager as
responsible for responding to any
local complaints about construction
noise. The construction manager
shall determine the cause of the
Manuel T. Freitas Parkway and
Las Gallinas Avenue Intersection Improvements Project
City of San Rafael
Implementation Monitoring Monitoring / Non -Compliance Monitoring
Procedure Responsibility Reporting Sanction/Activity Compliance
Action & Schedule Record
(Name/Date)
Require as a Planning
condition of Division
approval
Project sponsor Building
obtains Division
approvals from
appropriate
agencies prior
to issuance of
building permits
72
Incorporate as
condition of project
approval
Building Division
verifies appropriate
approvals obtained
prior to issuance of
building permit
Deny project
Deny issuance of
building permit
Initial Study/Mitigated Negative Declaration
January 2016
MITIGATION MONITORING AND REPORTING PROGRAM
Manuel T. Freitas Parkway and Las Gallinas Avenue Intersection Improvements Project
Mitigation Measure
noise complaints (for example
starting too early, or a bad muffler)
and institute reasonable measures to
correct the problem. Conspicuously
post a telephone number for the
construction manager at the
construction site.
• Maximize the physical separation
between noise generators and noise
receptors. Such separation includes,
but is not limited to, the following
measures:
■ Use heavy-duty mufflers for
stationary equipment and
barriers around particularly
noisy areas of the site or
around the entire site;
■ Where feasible, use shields,
impervious fences, or other
physical sound barriers to
inhibit transmission of noise to
sensitive receptors;
■ Locate stationary equipment to
minimize noise impacts on the
community; and
■ Minimize backing movements
of equipment.
• Use quiet construction equipment
whenever possible.
• Impact equipment (e.g., jack
Manuel T. Freitas Parkway and
Las Gallinas Avenue Intersection Improvements Project
City of San Rafael
Implementation Monitoring Monitoring / Non -Compliance Monitoring
Procedure Responsibility Reporting Sanction/Activity Compliance
Action & Schedule Record
(Name/Date)
73
Initial Study/Mitigated Negative Declaration
January 2016
MITIGATION MONITORING AND REPORTING PROGRAM
Manuel T. Freitas Parkway and Las Gallinas Avenue Intersection Improvements Project
Mitigation Measure
hammers and pavement breakers)
shall be hydraulically or electrically
powered wherever possible to avoid
noise associated with compressed air
exhaust from pneumatically -powered
tools. Compressed air exhaust
silencers shall be used on other
equipment. Other quieter
procedures, such as drilling rather
than using impact equipment, shall be
used whenever feasible.
• Prohibit unnecessary idling of internal
combustion engines.
XVI. TRANSPORTATION AND TRAFFIC
TRAFFIC -1
• Local emergency services shall be
notified prior to construction to inform
them that traffic delays may occur,
and also of the proposed construction
schedule.
• The City shall require the contractor
to provide for passage of emergency
vehicles through the project site at all
times.
• The City shall require the contractor
to maintain access to all properties
during project construction.
Manuel T. Freitas Parkway and
Las Gallinas Avenue Intersection Improvements Project
City of San Rafael
Implementation Monitoring Monitoring / Non -Compliance Monitoring
Procedure Responsibility Reporting Sanction/Activity Compliance
Action & Schedule Record
(Name/Date)
Require as a Planning
condition of Division
approval
Project sponsor Building
obtains Division
approvals from
appropriate
agencies prior
to issuance of
building permits
74
Incorporate as
condition of project
approval
Building Division
verifies appropriate
approvals obtained
prior to issuance of
building permit
Deny project
Deny issuance of
building permit
Initial Study/Mitigated Negative Declaration
January 2016
Appendix A - Biological Reconnaissance Memorandum
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 75
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Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 76
ks]iwra
ENVIRONMENTAL CONSULTANTS
January 27, 2015
Rich Souza
CSW Stuber Stroeh
45 Leveroni Ct
Novato, California 94949
Re: Biological Reconnaissance: Manuel T. Freitas Parkway and Las Gallinas Avenue
Intersection Improvements, San Rafael, CA
Dear Mr. Souza,
The purpose of this letter is to inform you of the results of the biological resources site visit,
biological resources assessment, and routine wetland delineation for the Manuel T. Freitas
Parkway and Las Gallinas Avenue Intersection Improvements (Project), located in San Rafael,
Marin County, California (Figure 1, attached). The WRA site visit took place on November 21,
2014 and was conducted by a qualified biologist experienced in similar site inspections.
The Study Area (Figure 2, attached) is comprised of developed, paved parcels that include
roadways, pedestrian crosswalks, landscaped areas, and a concrete channel carrying Gallinas
Creek. The Study Area is bounded to the north, east, and west by existing single-family
residences; and to the south by single-family residences and commercial facilities. In the
greater landscape context, the Study Area occurs within a developed area of San Rafael and
does not provide habitat connections to or from open space in the area.
Based on the site visit and review of background literature and databases, the Study Area does
not currently support special -status plant or wildlife species; however, non -special -status
nesting birds may be present during the breeding season. In addition, the concrete drainage
channel centrally located in the median of Manuel T. Freitas Parkway meets the definition of
unvegetated "Waters of the U.S.", as identified in Figure 3, attached.
Methods
Prior to the site visit, background literature was reviewed to determine potential presence of
sensitive vegetation types, aquatic communities, and special -status plant and wildlife species.
Resources reviewed for sensitive vegetation communities and aquatic features include aerial
photography, mapped soil types, the California Department of Fish and Wildlife's (CDFW)
California Natural Diversity Database (CNDDB), the USGS 7.5' quadrangle map of the vicinity.
Background information regarding special -status plant and wildlife species was obtained
through review of the CNDDB, California Native Plant Society (CNPS) Online Database (2014),
USFWS species list for Marin County and the USGS 7.5' quads surrounding the Study Area
(Novato and San Rafael), as well as available aerial photography, and species habitat
requirements as noted in available literature.
On November 21, 2014, WRA traversed the Study Area on foot to evaluate the potential
presence of sensitive vegetation communities and aquatic features, and evaluate on-site habitat
to determine the potential for occurrence of special -status plant and wildlife species. Observed
plant communities, aquatic features, and plant and wildlife species were noted. Site conditions
2169-G East Francisco Blvd., San Rafael, CA 94901 (415) 454-8868 tel (415) 454-0129 fax info@wra-ca.com www.wro-co.com
were noted as they relate to habitat requirements of special -status plant and wildlife species
known to occur in the vicinity as determined by the background literature research.
Results
Vegetation Communities
The Study Area supports only managed landscaped areas that divide impervious paved
roadways and sidewalks. Landscaped areas exist as a barrier between Manuel T. Freitas
Parkway and the interior concrete channel, within the central portion of the Study Area.
Additionally, landscaped areas occur northeast of the Study Area intersection, in adjacent
unpaved surfaces to the turnoff from Manuel T. Freitas Parkway to northbound Las Gallinas
Avenue. Landscaped areas contained an array of planted ornamental shrubs and trees as well
as invasive species. Site hydrology is managed via a storm water drainage system that drains
into the concrete channel.
Dominant vegetation included ornamental species such as juniper (Juniperus sp.), oleander
(Nerium oleander), firethorn (Pyracantha sp.), and crimson bottlebrush (Callistemon citrinus).
Ornamental trees were scattered throughout landscaped areas and include sweetgum
(Liquidambar styraciflua), and coast live oak (Quercus agrifolia). Additionally, the northern -most
landscaped area in the Study Area included a redwood (Sequoia sempervirens), Monterey pine
(Pinus radiata), and blue gum (Eucalyptus globulus), with ground cover dominated by English
ivy (Hedera helix).
Aquatic communities within the Study Area include open waters associated with the concrete
channel of Gallinas Creek, discussed in detail below.
Wetlands and Waters of the US
Wetlands are not present in the Study Area. However, approximately 0.19 acre (530 linear feet)
of non -wetland waters were observed within the Study Area, associated with Gallinas Creek.
The channel of Gallinas Creek is a concrete trapezoidal flood control and storm drainage
channel, comprised of a concrete bed and banks with no natural substrates. It is lined with
ornamental shrubs to provide a visual barrier to surrounding traffic lanes. This perennial
channel is fed by many storm drain outlets of varying sizes along its length and contained water
flowing from the west during the site visit. Las Gallinas Avenue crosses the creek via a box
culvert style bridge that spans and shades a portion of Gallinas Creek. To the east of this
bridge, along the southern bank of the concrete channel, a large culvert feeds additional
stormwater flows into Gallinas Creek.
Because the concrete channel of Gallinas Creek contains an identifiable ordinary high water
mark and carries water from a perennial stream to the San Francisco Bay, the channel was
determined to be potentially jurisdictional under Section 404 of the Clean Water Act based on
current U.S. Army Corps of Engineers (Corps) guidance. Waters in the channel within the
Study Area are not tidal and occur approximately 3.5 river -miles from the San Francisco Bay.
2
Photograph facing east toward trapezoidal Photograph facing east toward concrete flood
channel of Gallinas Creek, carrying potential control channel of Gallinas Creek, east of
waters of the U.S., with subject intersection subject intersection, carrying potential waters
bridge in distance. of the U.S.
Special -Status Plant Species
Sixty-six special -status plant species are known to occur in the vicinity of the Study Area
(CDFW 2014, CNPS 2014). No rare plant species were observed during the site visit. Current
conditions in the Study Area do not contain suitable habitat for special -status plant species
known to occur in the vicinity, based on the highly disturbed and developed conditions of the
site. There is no potential for the Study Area to support special -status plant species.
Special -Status Wildlife Species
No special -status wildlife species have the potential to occur within the Study Area due to
disturbed and developed site conditions. The Study Area does not contain suitable habitat for
any special -status wildlife species. California black rail (Laterallus jamaicensis coturniculus)
and San Pablo song sparrow (Melospiza melodia samuelis) have been documented within 1.5
miles to the north of the Study Area in marsh areas connected to San Francisco Bay. However,
the Study Area does not contain salt marsh habitat and it is separated from San Francisco Bay
by urban development. Further, the channel within the Study Area is a cemented stormwater
drainage that lacks natural substrate and vegetation. Therefore, there is no potential for
special -status fish species to occur, nor is essential fish habitat (EFH) present within the
unnamed concrete channel.
Non -Special -Status Birds and Bats
Nesting birds have potential to occur within some areas of the Study Area including in trees,
shrubs, and along existing structures. No trees, structures, or culverts observed within the
Study Area provide suitable roost habitat for bat species; therefore, there is no potential for bats
to roost within the Study Area.
3
Conclusions and Recommendations Summary
Based on the results of the site visit, the Study Area contains a concrete drainage channel that
is potentially jurisdictional as "Waters of the U.S" by the U.S. Army Corps of Engineers, and as
"waters of the State" by the Regional Water Quality Control Board (RWQCB). However, the
flood control channel is altered to the extent that it provides no habitat value for biological
resources. Because of this state of alteration, minor impacts to the channel from a proposed
bridge expansion, which will result in expanding the bridge without conducting work below
OHWM, are considered less than significant. This `less than significant' determination does not
change the potential extent of Corps and RWQCB jurisdiction and associated permit
requirements.
The Study Area does not have the potential to support special -status plant or wildlife species.
However, trees and shrubs in the Study Area do have the potential to support nesting birds
protected by the Migratory Bird Treaty Act. To comply with the Migratory Bird Treaty Act, pre -
construction breeding bird surveys completed by a qualified biologist are recommended if
construction activity is initiated or if trees and shrubs are removed between February 15 and
August 31 (the dates of the breeding bird season in this vicinity). If nesting birds are observed
during the preconstruction surveys, the biologist will set appropriate buffers surrounding active
nests based on the species present, generally between 50 and 100 feet given the urban
environment present. Construction and vegetation removal within those buffers would be
allowed only if nests are monitored periodically by a qualified biologist. If nesting birds are
showing signs of distress, construction may need to be stopped until appropriate measures are
implemented to avoid disturbance or the young birds have fled the nest. Removing trees and
shrubs and initiating construction between September 1 and February 14 (outside of the
breeding bird season) would also avoid affecting nesting birds.
Please feel free to contact me should you have any questions or concerns
Sincerely,
tm Semion
Principal, Aquatic Ecologist
Enclosures: References Cited
Figure 1. Study Area Location Map
Figure 2. Biological Communities within the Study Area
Figure 3. Wetlands and Non -Wetland Waters within the Study Area
Ell
References Cited
California Department of Fish and Wildlife (CDFW). 2014. California Natural Diversity
Database. Wildlife and Habitat Data Analysis Branch, Sacramento, CA.
California Native Plant Society (CNPS). 2014. Inventory of Rare and Endangered Plants of
California. California Native Plant Society, Sacramento, California. Online at:
http://www.rareplants.cnps.org; accessed: December 2014.
United States Fish and Wildlife Service (USFWS). 2014. Species List for Marin County,
Sacramento Fish and Wildlife Service.
Appendix B - Traffic -Multimodal Assessment Memorandum
Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 77
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Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration
Las Gallinas Avenue Intersection Improvements Project January 2016
City of San Rafael 78
FEHRPEERS
MEMORANDUM
Date: May 6, 2015
To: Leslie Blomquist and Jeff Stutsman, City of San Rafael
From: Sarah Nadiranto, PE and Bob Grandy, PE
Subject: Las Gallinas Avenue / Manuel T Freitas Parkway Intersection Improvement —
Multimodal Assessment
SF14-0781
This memorandum documents our transportation assessment for the Las Gallinas Avenue /
Manuel T Freitas Parkway (Las Gallinas / Freitas Parkway) Intersection Improvement Project
(Project). The memorandum summarizes an evaluation of different treatments designed to
improve pedestrian, bicycle, transit, and vehicle operations. Included are a description of the
project purpose, existing conditions, future conditions, improvement alternatives, evaluation of
alternatives, and a recommendation for the improvement project.
PROJECT PURPOSE
The purpose of this Project is to evaluate and redesign the Las Gallinas / Freitas Parkway
intersection to provide efficient and safe travel paths for all modes, reduce delays for all travel
modes, and reduce vehicle queues. The intersection is frequently congested due to traffic from
the adjacent shopping center and local schools, peak residential commute traffic destined to and
from Highway 101, and split -phase signal operations required by the tight intersection
geometrics that are limited in part by a large drainage culvert in the median of Freitas Parkway.
Further, pedestrian and bicycle access is limited due to geometry constraints, such that the Project
has the opportunity to enhance facilities for all users.
332 Pine Street 14t" Floor I San Francisco, CA 94104 1 (415) 348-0300 1 Fax (415) 773-1790
www.fehrandpeers.com
Leslie Blomquist and Jeff Stutsman, City of San Rafael
May 6, 2015
Page 2 of 17
EXISTING CONDITIONS
This section describes the existing transportation facilities in the Project Area, including the
surrounding pedestrian, bicycle, transit and vehicle facilities. Existing intersection operations are
also described.
PEDESTRIANS
Pedestrian facilities in the study area include sidewalks, crosswalks, and pedestrian signals. At the
Las Gallinas Avenue / Freitas Parkway intersection, both streets provide sidewalks on all
approaches to the intersection. Crosswalks, curb ramps, and pedestrian signals are provided on all
legs of the intersection except for the east leg, crossing Freitas Parkway. Currently, pedestrians
starting at the southeast corner of the intersection must cross three legs of traffic to get to
northwest corner. Field observations noted a few pedestrians jay -walking" to avoid the three-
legged crossing.
BICYCLISTS
Bicycle facilities are provided in the general study area. Class II bicycle lanes are provided leading
up to the north, south, and west sides of the intersection. Approximately 180 -feet before the
intersection, the northbound Class II bicycle lane ends, dropping bicyclists into the vehicle travel
way. Similarly, approximately 220 feet and 310 feet, southbound and eastbound, respectively,
before the intersection, the Class II bicycle lanes end, dropping bicyclists into the vehicle travel
way. Bicycle lanes are provided in the westbound and southbound exit approaches, just after the
intersection.
TRANSIT
Several transit routes are within proximity of the Project intersection. A list of those routes and
their stop location relative to the Project intersection is shown in Table 1, below. Sidewalks are
provided to the bus stop and bus shelters are provided at some of the nearby stops.
Leslie Blomquist and Jeff Stutsman, City of San Rafael
May 6, 2015
Page 4 of 17
VEHICLES
Las Gallinas Avenue is a two-lane north -south facility beginning at the Northgate Mall to the
south and terminating in a residential neighborhood to the north. Freitas Parkway is a four -lane
east -west facility connecting US -101 to neighborhoods west of the freeway. The intersection is
signalized with left turn and right turn pockets for each approach. As part of this assessment, a
simulation study was completed for the intersection as described below.
Operations Analysis
To accurately assess the operations of the intersection and understand the downstream and
upstream effects on the Project intersection, adjacent study intersections were evaluated. The
following intersections were reviewed as part of this study:
1. Las Gallinas / Freitas Parkway (signalized)
2. Las Gallinas / Nova Albion (signalized)
3. Northgate Drive / Freitas Parkway (signalized)
The traffic analysis software Synch ro/SimTraffic 7.0 was used for this study. For purposes of
modeling the entire network as one system, micro -simulation (SimTraffic) was used. The primary
difference between SimTraffic and HCM is that the HCM analyzes intersections in isolation and
does not include the effects of upstream or downstream intersections. SimTraffic analyzes
intersections as a "system," with intersections directly affecting traffic flow through the entire
project study area. SimTraffic provides measures of effectiveness that are consistent with the HCM
such as movement delay and weighted average delay.
The operations of roadway facilities are described with the term "level of service" (LOS). LOS is a
qualitative description of traffic flow from a vehicle driver's perspective based on factors such as
speed, travel time, delay, and freedom to maneuver. Six levels of service are defined ranging from
LOS A (best operating conditions) to LOS F (worst operating conditions). LOS E corresponds to
operations "at capacity." When volumes exceed capacity, stop -and -go conditions result and
operations are designated to LOS F. The relationship between LOS and control delay is
summarized in Table 2.
Leslie Blomquist and Jeff Stutsman, City of San Rafael
May 6, 2015
Page 8 of 17
DESCRIPTION OF PROPOSED IMPROVEMENT ALTERNATIVES
A series of improvements were identified and tested as shown in Table 5. Table 5 describes the
treatment assessed in each alternative.
The four improvement alternatives have several common features as summarized below.
■ Construct a new crosswalk on the east leg of the intersection
■ Restripe to provide continuous bike lanes
■ Remove pork chop islands
The unique features of the four alternatives are described as follows.
■ Alternative 1
• Provide dual westbound left turn lanes
■ Alternative 2
• Provide dual westbound left turn lanes
• Provide protected left turn lane phasing
■ Alternative 3
• Provide Leading Pedestrian Interval (LPI)
• Extend length of westbound left turn lane and eastbound right turn lane pockets
■ Alternative 4
• Extend length of westbound left turn lane and eastbound right turn lane pockets
• Provide protected left turn lane phasing
Leslie Blomquist and Jeff Stutsman, City of San Rafael
May 6, 2015
Page 10 of 17
MULTI -MODAL EVALUATION OF ALTERNATIVES
Pedestrians
Alternatives 1 to 4 provide a pedestrian crossing on the east leg. The addition of the crosswalk
would enhance the pedestrian facilities at the intersection by connecting all legs of the
intersection, such that a pedestrian walking on the east side of Las Gallinas Avenue no longer
needs to cross three legs of the intersection or illegally cross, as noted in field observations, to
continue on the east side of Las Gallinas Avenue.
Alternatives 1 to 4 also removes the pork chops islands and channelized right turns. Pork chops
islands allow vehicles to make right turns at higher speeds and requires pedestrians to cross
multiple sections of a roadway which could introduce additional conflict points. Removing the
pork chops and squaring the corners of the intersection, would lower the right turning vehicle
speed and thereby create a safer pedestrian environment.
Alternatives 2 and 4 assumed an 8 -phase traffic signal which would protect the left turning
movements on Las Gallinas Avenue. Protecting the left turning vehicles would reduce the number
of potential conflicts with pedestrians.
A leading pedestrian interval (LPI) was assessed in Alternative 3. A LPI typically gives a pedestrian
a 3 to 7 second head start when entering an intersection with a corresponding green signal in the
same direction. In this case, a LPI was assessed with alternatives that kept the existing 6 -phase
traffic signal (permitted left turns on Las Gallinas Avenue). The addition of the LPI would benefit
pedestrians by enhancing their visibility in the intersection and give them priority over turning
vehicles.
Bicyclists
Alternatives 1 to 4 connect the existing bicycle lanes to the intersection, thereby creating a
connected bicycle facility. As noted above, existing bicycle lanes are provided leading up to the
intersection, but stop short of the intersection by approximately 200 to 300 feet on the north,
south, and west legs. By extending the bicycle facilities to the intersection, bicyclists are provided
their own facility rather than mixing them with vehicle traffic.
Leslie Blomquist and Jeff Stutsman, City of San Rafael
May 6, 2015
Page 11 of 17
Ii
Alternatives 2 and 4 assume an 8 -phase traffic signal which would protect the left turning
movements on Las Gallinas Avenue. Protecting the left turning vehicles would reduce the number
of potential conflicts with bicyclists.
Transit
The proposed treatments do not affect the physical transit environment; rather, it effects transit
operations. Transit operations would parallel the vehicle operations as described in the section
below.
Vehicles
To assess the effects of the treatments to vehicle operations, the alternatives were analyzed using
Synchro and SimTraffic software. The level of service (LOS) and delay for each of the alternatives
are described in Table 6. Detailed LOS calculations are included in Attachment A.
Queue lengths were also calculated for the existing plus alternative scenarios. The average, 95th
percentile, and maximum queue for critical movements at the Project intersection (Las Gallinas
Avenue / Manuel T Freitas Parkway) are described in Table 7. Detailed queue calculations are
included in Attachment A.
Existing LOS/Delay Results
As shown in Table 3, for all alternatives, all intersections operate at an acceptable LOS, LOS D or
better, during the AM and PM peak hour, with exception to Las Gallinas / Manuel T Freitas
Parkway with Alternative 4 during the AM peak hour. Vehicle operations degrade from the
existing LOS C to LOS E because the intersection provides protected left turn lanes along Las
Gallinas Avenue, which limits the green time for the conflicting movements.
Alternatives 1 and 2 provide dual left turn lanes from the westbound approach which do not
adversely impact the intersection, however, do not provide an added benefit and the cost to
construct this alternative is high, therefore Alternatives 1 and 2 are infeasible.
Alternative 3 results in an increase in delay at the Las Gallinas / Manuel T Freitas Parkway
intersection because green time for vehicles are taken away to accommodate a leading
pedestrian interval for pedestrians crossing Manuel T Freitas Parkway. Although intersection delay
increases, the project alternative does not result in a significant impact to existing operations.
Leslie Blomquist and Jeff Stutsman, City of San Rafael
May 6, 2015
Page 12 of 17
Queue Results
As shown in Table 4, the project alternatives decrease the existing queue spillback from the
westbound left turn on Manuel T Freitas Parkway, thereby reducing the westbound through
queue because the left turn cars no longer block through vehicles from reaching the intersection.
Generally, the storage length can accommodate the average and 95th percentile queue except for
the southbound left turn which current and future queues are estimated to go beyond the
provided storage length. The southbound left turn is constrained by closely spaced intersection
just upstream at Hyacinth Way.
Similar to the delay and LOS calculations, Alternatives 3 and 4 result in slightly longer queue
lengths due to the decrease in green time to accommodate the leading pedestrian interval or
protected left turn phase, respectively.
Near Term (2020) LOS/Delay Results
The LOS and delay for each of the No Project and Alternative 3 and 4 scenarios are described in
Table 8 and queue lengths are described in Table 9. (Alternatives 1 and 2 were not assessed
because they were deemed infeasible under existing conditions).
As shown in Table 8, the delay decreases with Alternative 3 and increases with Alternative 4. The
addition of a leading pedestrian interval results in better operations than Alternative 4 because
the green time taken away with Alternative 3 is less than the green time taken away for protected
left turns on Las Gallinas Avenue. Alternatives 3 and 4 result in similar queue lengths and operate
better than the no project condition.
Leslie Blomquist and Jeff Stutsman, City of San Rafael
May 6, 2015
Page 17 of 17
RECOMMENDATION
Alternatives 1 through 4 all result in an added benefit to pedestrian and bicycle safety by
removing pork chops and slowing vehicles down, providing exclusive left turns and separating the
pedestrian and vehicle conflicts, or a leading pedestrian interval to give pedestrians the right-of-
way before vehicles. While Alternatives 1 and 2 are possible, the benefits to the different modes
do not out -weigh the costs associated with the project alternatives, therefore the alternatives are
not considered feasible options.
Under existing conditions, year 2014, Alternatives 3 and 4 results in a nominal increase to
intersection delay. In the near term, year 2020, the no project conditions degrade such that the
Project intersection operates at an unacceptable level of service during the AM peak hour.
Alternative 3 results in better intersection operations with a decrease to intersection delay while
Alternative 4 worsens conditions and increases delay. In the PM peak hour, the intersection
operates about the same between the three alternatives.
Despite the changes in vehicle operations, Alternatives 3 and 4 result in better multi -modal
operations because they accommodate pedestrians, bicyclists and vehicles through the
intersection and create a more multi -modal friendly environment. Alternative 3 provide the best
combination of operations at the intersection.
This concludes our findings; please contact Sarah Nadiranto at (415)348-0300 for questions or
comments.
Attachments
Figure 1— Existing Conditions (Pedestrian, Bicycle, and Transit Network)
Figure 2 — Existing (2014) AM and PM Peak Hour Intersection Volumes
Figure 3 — 2020 AM and PM Peak Hour Intersection Volumes
Attachment A — LOS and Queue Calculations
SimTraffic Post -Processor Las Gallinas / Manuel Freitas Pkwy Intersection Improvement
Average Results from 30 Runs Existing
Volume and Delay by Movement AM Peak Hour
Intersection 1 Las Gallinas Ave/Manuel T Freitas Pkwy Signal
Intersection 2
Las Gallinas Ave/Nova Albion Way -1-80 EB On-ramp
Demand
Served Volume (vph)
Signal
Demand
Total Delay (sec/veh)
Direction
Movement
Volume (vph)
Average
Percent
Std. Dev.
Minimum
Maximum
GEH
Average
Std. Dev.
Minimum
Maximum
LOS
Std. Dev. Minimum Maximum
U Turn
U Turn
2
96.0%
0.6
1
3
0.1
54.2
25.0
15.8
Second Left
D
SB Through
Second Left
216
97.2%
15.6
190
239
0.4
Left Turn
119
111
93.3%
9.0 99
124
0.7
Left Turn
43
43
99.3%
6.2
36
56
0.0
56.1
20.0
42.7
98.8
E
NB
Through
120
112
93.4%
7.6
102
126
0.7
23.2
2.0
20.2
25.7
C
96.8%
Right Turn
213
202
94.8%
20.6
151
227
0.8
9.0
1.0
7.3
10.4
A
Second Right
Second Left
Subtotal
376
357
94.9%
19.3
317
11111dr
19.0
3.0
15.1
25.0
B
325
U Turn
15.8
1.6
13.5
18.4
B
EB Through
2
2
100.8%
1.6
0
5
0.0
Second Left
15.7
0.0
48.2
B
Right Turn
183
168
91.8%
10.0
149
183
1.1
6.3
Left Turn
237
230
97.2%
9.2
214
244
0.4
51.8
5.6
44.0
60.1
D
SB
Through
327
321
98.2%
13.1
300
342
0.3
38.9
4.8
31.6
48.6
D
S.6
Right Turn
34
30
89.2%
5.0
20
36
0.6
11.3
5.4
6.5
23.6
B
Second Right
Second Left
Subtotal
59
7
.3%
11.6
564
603
0.7
42.6
4.9
34.9
50.7
D
WB Through
U Turn
19
92.8%
2.8
13
24
0.3
60.9
7.0
47.4
71.0
E
Right Turn
5
Second Left
96.0%
1.6
3
9
0.1
18.1
12.6
4.3
46.1
B
Second Right
Left Turn
40
39
97.4%
5.0
34
48
0.2
58.6
9.0
45.8
70.9
E
EB
Through
654
634
97.0%
14.3
614
661
0.8
38.5
8.2
33.5
60.9
D
33.0
Right Turn
71
67
94.1%
5.7
60
80
0.5
11.5
5.0
7.0
21.1
B
Second Right
Subtotal
765
740
96.8%
13.9
725
767
0.9
37.2
7.6
32.5
57.9
D
U Turn
Second Left
Left Turn
343
326
95.0%
18.0
296
354
0.9
66.3
20.4
47.9
109.8
E
WB
Through
571
549
96.2%
25.0
507
584
0.9
19.3
1.4
17.5
21.9
B
Right Turn
93
92
98.6%
11.4
75
108
0.1
4.3
0.5
3.8
5.3
A
Second Right
Subtotal
1,007
967
96.0%
38.7
907
1,022
1.3
33.7
7.2
27.2
48.8
C
Total
2,746
2,645
96.3%
40.6
2,587
2,711
1.9
34.7
3.1
30.6
40.2
C
Intersection 2
Las Gallinas Ave/Nova Albion Way -1-80 EB On-ramp
Signal
Demand
Served Volume (vph)
Second Left
Total Delay (sec/veh)
Direction Movement
Volume (vph)
Average
Percent
Std. Dev. Minimum
Maximum
GEH
Average
Std. Dev. Minimum Maximum
LOS
U Turn
2
96.0%
0.6
1
3
0.1
54.2
25.0
15.8
Second Left
D
SB Through
222
216
97.2%
15.6
190
239
0.4
Left Turn
119
111
93.3%
9.0 99
124
0.7
62.8
5.9 55.7 74.8
E
NB Through
55
54
99.0%
7.1 38
64
0.1
32.8
2.6 28.9 36.0
C
Right Turn
4
4
110.4%
1.4 2
7
0.2
15.5
11.1 1.4 33.9
B
Second Right
Subtotal
736
712
96.8%
23.3
683
749
0.9
19.3
U Turn
Second Left
Left Turn
2
2
96.0%
0.6
1
3
0.1
54.2
25.0
15.8
98.0
D
SB Through
222
216
97.2%
15.6
190
239
0.4
51.9
3.4
47.8
59.9
D
Right Turn
512
494
96.6%
19.6
463
521
0.8
5.0
0.5
4.3
6.0
A
Second Right
Subtotal
736
712
96.8%
23.3
683
749
0.9
19.3
F.1
21.2
B
U Turn
Second Left
Left Turn
316
297
93.9%
16.2
272
325
1.1
15.8
1.6
13.5
18.4
B
EB Through
2
2
100.8%
1.6
0
5
0.0
15.5
15.7
0.0
48.2
B
Right Turn
183
168
91.8%
10.0
149
183
1.1
6.3
0.9
4.7
7.4
A
Second Right
Subtotal
501
467
93.2%
16.7
438
494
1.6
12.4
1.2
S.6
13.9
B
U Turn
Second Left
Left Turn
7
7
107.0%
2.7
4
12
0.2
64.4
11.7
46.0
86.1
E
WB Through
21
19
92.8%
2.8
13
24
0.3
60.9
7.0
47.4
71.0
E
Right Turn
5
5
96.0%
1.6
3
9
0.1
18.1
12.6
4.3
46.1
B
Second Right
Subtotal
33
32
96.3%
4.6
26
40
0.2
54.9
5.0
46.2
62.5
D
Total
1,448
1,381
95.3%
33.0
1,322
1,426
1.8
21.8
0.7
20.8
22.6
C
Fehr & Peers 5/5/2015
SimTraffic Post -Processor
Average Results from 10 Runs
Volume and Delay by Movement
Intersection Northgate Drive/Las Gallinas Ave
Las Gallinas / Manuel Freitas Pkwy Intersection Improvement
Existing
AM Peak Hour
Signal
Fehr & Peers 5/5/2015
Demand
Served Volume (vph)
Total Delay (sec/veh)
Direction
Movement
Volume (vph)
Average
Percent
Std. Dev.
Minimum
Maximum
GEH
Average
Std. Dev.
Minimum
Maximum
LOS
U Turn
Second Left
Left Turn
25
22
89.1%
4.9
14
29
0.6
44.5
5.1
34.6
49.8
D
NB
Through
5
5
97.9%
1.9
4
10
0.0
45.0
12.6
29.4
65.7
D
Right Turn
25
25
98.7%
5.0
18
32
0.1
2.3
0.4
1.7
2.9
A
Second Right
Subtotal
55
52
94.3%
6.7
43
64
0.4
24.4
3.9
18.3
30.9
C
U Turn
Second Left
Left Turn
46
42
91.0%
7.9
28
53
0.6
42.8
5.0
34.6
50.9
D
SB
Through
17
17
97.1%
5.0
7
26
0.1
40.2
4.8
34.8
47.0
D
Right Turn
11
10
88.1%
2.3
7
12
0.4
2.0
0.4
1.5
3.1
A
Second Right
Subtotal
74
68
92.0%
8.4
54
78
0.7
36.1
3.4
30.2
39.5
D
U Turn
Second Left
Left Turn
28
26
93.9%
5.7
17
35
0.3
47.3
4.2
41.8
57.5
D
EB
Through
1,172
1,141
97.3%
30.7
1,084
1,205
0.9
7.3
0.5
6.6
8.1
A
Right Turn
31
30
95.4%
4.1
20
34
0.3
6.8
1.5
4.3
9.0
A
Second Right
Subtotal
1,231
1,196
97.2%
26.6
1,150
1,253
8.2
0.5
7.5
9.0
U Turn
Second Left
Left Turn
348
333
95.6%
17.5
295
349
0.8
47.5
2.5
43.9
53.2
D
WB
Through
993
954
96.0%
38.2
889
1,011
1.3
6.0
0.4
5.4
6.7
A
Right Turn
83
84
101.2%
6.1
73
95
0.1
3.9
0.5
3.1
4.6
A
Second Right
Subtotal
1,424
1,370
96.2%
39.9
1,321
1,439
1.4
16.0
14.0
18.2
B
Total
2,784
2,687
96.5%
46.4
2,628
2,790
1.9
13.2
12.5
14.5
B
Fehr & Peers 5/5/2015