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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 3 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 Las Gallinas Avenue Intersection Improvements Project January 2016 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. Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration Las Gallinas Avenue Intersection Improvements Project January 2016 City of San Rafael 2 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 Las Gallinas Avenue Intersection Improvements Project January 2016 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). Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration Las Gallinas Avenue Intersection Improvements Project January 2016 City of San Rafael 4 page intentionally left blank. Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration Las Gallinas Avenue Intersection Improvements Project January 2016 City of San Rafael 6 This page intentionally left blank. Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration Las Gallinas Avenue Intersection Improvements Project January 2016 City of San Rafael 18 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 Las Gallinas Avenue Intersection Improvements Project January 2016 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 Las Gallinas Avenue Intersection Improvements Project January 2016 City of San Rafael 22 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 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. Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration Las Gallinas Avenue Intersection Improvements Project January 2016 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 Las Gallinas Avenue Intersection Improvements Project January 2016 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. Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration Las Gallinas Avenue Intersection Improvements Project January 2016 City of San Rafael 27 Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration Las Gallinas Avenue Intersection Improvements Project January 2016 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 Las Gallinas Avenue Intersection Improvements Project January 2016 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 Las Gallinas Avenue Intersection Improvements Project January 2016 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 Las Gallinas Avenue Intersection Improvements Project January 2016 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 Las Gallinas Avenue Intersection Improvements Project January 2016 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? Manuel T. Freitas Parkway and Initial Study/Mitigated Negative Declaration Las Gallinas Avenue Intersection Improvements Project January 2016 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 Las Gallinas Avenue Intersection Improvements Project January 2016 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 Las Gallinas Avenue Intersection Improvements Project January 2016 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 Las Gallinas Avenue Intersection Improvements Project January 2016 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 Las Gallinas Avenue Intersection Improvements Project January 2016 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 This page intentionally left blank. 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 This page intentionally left blank. 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