HomeMy WebLinkAboutCC Resolution 14428 (Francisco Blvd West MUP) 1-1
RESOLUTION NO. 14428
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING A
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE
FRANCISCO BOULEVARD WEST MULTI-USE PATHWAY (MUP)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, in the early 2000’s, the Sonoma Marin Area Rail Transit Agency (SMART)
was formed to plan for use of the former Northwestern Pacific Railroad right -of-way for
commuter rail service from Cloverdale (Sonoma County) to Larkspur. In 2005, SMART
prepared and certified the Sonoma Marin Rail Transit Final Environmental Impact Report
(FEIR), which analyzed the environmental impacts of developing the commuter rail service from
Cloverdale to Larkspur. While the FEIR analyzed an accompanying multi-use pathway (MUP),
for the segment between Downtown San Rafael and Larkspur, a separate pathway alignment was
analyzed, which follows Andersen Drive; and
WHEREAS, in 2006, the Marin and Sonoma voters passed Measure Q, establishing a
sales tax funding for the development of SMART. Phase 1 of SMART, the Initial Operating
System (IOS) is in operation; and
WHEREAS, SMART has sought and secured funding for Phase 2, which would extend
the commuter rail service from Downtown San Rafael to Larkspur Landing. Federal funding was
pursued and the extension project was subject to environmental review under the National
Environmental Protection Act (NEPA). Phase 2 is under construction; and
WHEREAS, in 2016, the County of Marin initiated a feasibility study regarding the
installation of a MUP within the City and SMART rights-of-way so that its alignment parallels
the rail line. As follow-up to this study, a preliminary plan for an approximate 4,500-foot-long
MUP has been developed to extend from Second Street to Andersen Drive; and
WHEREAS, as required by the California Environmental Quality Act (CEQA)
Guidelines, it was determined that the MUP is defined as a ‘project,’ making it subject to
environmental review. Pursuant to CEQA Guidelines Section 15063, an Initial Study was
prepared to determine the potential environmental impacts of the project. The Initial Study is
supported by several technical studies and reports; 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). The City received no official response
to this offer of tribal consultation; and
WHEREAS, as demonstrated in the preparation of an Initial Study, the proposed project
would result in several significant environmental impacts for which mitigation is recommended to
reduce these impacts to a less-than-significant level. Therefore, consistent with CEQA
Guidelines Section 15070, the Initial Study supports and recommends the adoption of a Mitigated
Negative Declaration; and
WHEREAS, CEQA Guidelines Section 15097 requires that a Mitigation Monitoring and
Reporting Program (MMRP) be prepared to identify how mitigation measures recommended in
the Initial Study will be implemented if the project is approved. The MMRP must identify how
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the mitigation measures are met, the entity responsible for carrying out the mitigation and the
timing for completion of the mitigation. The MMRP must be approved prior to or concurrent
with the project. An MMRP has been prepared addressing these requirements and is presented in
attached Exhibit A to this resolution; and
WHEREAS, pursuant to CEQA Guidelines Section 15073, on October 16, 2017, the
City published a Notice of Intent to Adopt a Mitigated Negative Declaration. T he Initial
Study/Mitigated Negative Declaration was made available for 30-day public review period.
Comments received on the Initial Study/Mitigated Negative Declaration were reviewed and no
responses or edits are required to the document; and
WHEREAS, on December 4, 2017, 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 Department; 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 adopts the Mitigated
Negative Declaration prepared for the Francisco Boulevard West Multi-Use Pathway & Andersen
Drive to Mahon Creek Pathway 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). Tribal consultation was not requested.
2. As prescribed by CEQA Guidelines Section 15073, a public review period of a minimum
of 30 days was observed for public comment (commencing on October 27, 2017 and
closing on November 27, 2017). Comments received during the public review period
have been reviewed and no responses are required to the document.
3. The Mitigated Negative Declaration has been presented to the City Council who has
reviewed and considered the information in the Initial Study, which includes technical
studies and assessments supporting the findings and conclusions for adopting a Mitigated
Negative Declaration. Further, the City Council finds that the studies and assessments
prepared for the Initial Study are 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 the project will: a)
result in potentially significant impacts related to air quality, biological resources,
cultural resources, hydrology and water quality, noise, and transportation/traffic for
which mitigation measures are required; and b) 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.
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BE IT FURTHER RESOLVED that the City Council approves the Mitigation
Monitoring and Reporting Program (MMRP) to support approval of the Francisco Boulevard
West Multi-Use Pathway & Andersen Drive to Mahon Creek Pathway based on the following
findings:
1. The MMPR has been prepared consistent with the requirements of CEQA Guidelines
Section 15097 in that it: a) incorporates all mitigation measures recommended in the
Mitigated Negative Declaration; and b) includes the appropriate steps and requirements
to ensure that these mitigation measures are implemented and that impacts are reduced to
levels of less-than-significant.
2. The MMRP meets the requirements of Public Resources Code Sections 21080.3 and
21080.3.2 (AB 52) in that an offer of tribal consultation was provided to the local Native
American Tribe, but tribal consultation was not requested.
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 City
Council of the City of San Rafael, held on Monday, the 4th day of December 2017, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
Attachment: EXHIBIT A- Mitigation Monitoring and Reporting Program (MMRP)
PW MUP CEQA Reso 12 4 17
EXHIBIT A - MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Monitoring and Reporting Program 1 Francisco Boulevard West Multi-Use Pathway
Anderson Drive to Mahon Creek Pathway
MITIGATION MONITORING AND REPORTING PROGRAM
Francisco Boulevard West Multi-Use Pathway
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
III. AIR QUALITY
Mitigation Measure AIR-1: Consistent with the Basic
Construction Mitigation Measures required by the
BAAQMD, the following actions shall be incorporated into
construction contracts and specifications for the project:
• All exposed surfaces (e.g., parking areas, staging areas,
soil piles, graded areas, and unpaved access roads) shall
be watered two times per day.
• All haul trucks transporting soil, sand, or other loose
material off-site shall be covered.
• All visible mud or dirt tracked-out onto adjacent public
roads shall be removed using wet power vacuum street
sweepers at least once per day. The use of dry power
sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to
15 mph.
• All roadways, driveways, and sidewalks to be paved
shall be completed as soon as possible.
• Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting
equipment off when not in use or reducing the
maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13,
Require as a
condition of
approval
Construction
contractor to
include
construction
specifications and
materials in
contract, and
implement
measures during
duration of
construction
activities.
Planning
Division
Building
Division
Incorporate as
condition of project
approval
Review construction
specifications and
materials, and retain
administrative record
Monitor during
scheduled construction
site inspections
Halt construction
activities
Halt construction
activities
EXHIBIT A - MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Monitoring and Reporting Program 2 Francisco Boulevard West Multi-Use Pathway
Anderson Drive to Mahon Creek Pathway
MITIGATION MONITORING AND REPORTING PROGRAM
Francisco Boulevard West Multi-Use Pathway
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
Section 2485 of California Code of Regulations [CCR]).
Clear signage shall be provided for construction workers
at all access points.
• All construction equipment shall be maintained and
properly tuned in accordance with manufacturer’s
specifications. All equipment shall be checked by a
certified mechanic and determined to be running in
proper condition prior to operation.
• A publicly-visible sign shall be posted with the
telephone number and person to contact at the City of
San Rafael regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The
BAAQMD’s phone number shall also be visible to ensure
compliance with applicable regulations.
IV. BIOLOGICAL RESOURCES
Mitigation Measure BIO-1a: In order to limit the potential
for sediment laden or turbid runoff from discharges into
San Rafael Creek and thence into San Pablo Bay
downstream, in-water work should be restricted to low-
flow periods between July 1 and November 30, unless
otherwise specified by appropriate agencies. This window
can be extended based on creek and river conditions, if
approved in writing by the National Marine Fisheries
Service (NMFS). Work from the banks, trestle, falsework,
and inside closed coffer dams can occur year-round.
Require as a
condition of
approval
Planning
Division
Incorporate as
condition of project
approval
Deny project
Mitigation Measure BIO-1b: A Storm Water Pollution
Prevention Plan (SWPPP) should be prepared and
implemented in accordance with Regional Water Quality
Require as a
condition of
approval
Planning
Division
Incorporate as condition
of project approval
Deny project
EXHIBIT A - MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Monitoring and Reporting Program 3 Francisco Boulevard West Multi-Use Pathway
Anderson Drive to Mahon Creek Pathway
MITIGATION MONITORING AND REPORTING PROGRAM
Francisco Boulevard West Multi-Use Pathway
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
Control Board standards and requirements, as well as
those of the City of San Rafael and Marin County.
Project sponsor
obtains approvals
from appropriate
agencies prior to
issuance of
building permits
Contractor to
implement BMPs
during
construction
activities
Building
Division
Building Division verifies
appropriate approvals
obtained prior to
issuance of building
permit
Monitor during scheduled
construction site
inspections
Deny issuance of
building permit
Halt construction
activities
Mitigation Measure BIO-2a: To the extent feasible, trees
and shrubs in the construction zones should be trimmed
or removed between September 1 and January 31 to
reduce potential impacts on nesting birds. If tree and
shrub removal, as well as initial ground disturbance work
is conducted during the period from February 1 to August
31, a qualified wildlife biologist shall conduct
preconstruction surveys for nesting birds. If tree/shrub
removal or initial ground disturbance work does not
commence within 10 days of the nesting bird surveys, of if
such work does not commence in all areas of the project
site within 10 days, then the nesting surveys will need to
be repeated. If nesting birds are found, the biologist shall
establish suitable buffer zones as described in Condition
(b) below.
Require as a
condition of
approval
Construction
contractor to
complete
documentation
prior to initiation
of construction
activities
Planning
Division
Building
Division
Incorporate as condition
of project approval
Verify appropriate
documentation obtained
prior to issuance of
building permit.
Review construction
specifications and retain
administrative record.
Deny project
Deny issuance of
building permit
Mitigation Measure BIO-2b: A qualified biologist shall
conduct a preconstruction survey for western pond turtle
no more than 30 days prior to construction along the
Require as a
condition of
approval
Planning
Division
Incorporate as condition
of project approval
Deny project
EXHIBIT A - MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Monitoring and Reporting Program 4 Francisco Boulevard West Multi-Use Pathway
Anderson Drive to Mahon Creek Pathway
MITIGATION MONITORING AND REPORTING PROGRAM
Francisco Boulevard West Multi-Use Pathway
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
drainage ditch within the project corridor, including
beneath all crossings. If the species is determined to be
present in work areas, the biologist, with prior approval
from the California Department of Fish and Wildlife
(CDFW), may capture turtles prior to construction
activities and relocate them to nearby, suitable habitat off
site.
A qualified biologist shall conduct a preconstruction
survey for roosting bats at all culvert and bridge crossings
along and adjacent to the corridor. If the biologist
determines that construction work has the potential to
directly or indirectly disturb roosting bats, than CDFW
shall be consulted as to appropriate impact avoidance and
minimization measures. No work may occur within a 100-
foot radius of a roosting site, until the CDFW consultation
process has been completed and the agreed-upon
avoidance/minimization measures have been
implemented under the biologist’s supervision.
Construction
contractor to
complete
documentation
prior to initiation
of construction
activities
Building
Division
Verify appropriate
documentation obtained
prior to issuance of
building permit.
Review construction
specifications and retain
administrative record.
Deny issuance of
building permit
Mitigation Measure 3a: A detailed wetland Mitigation and
Monitoring Plan (MMP) shall be prepared and submitted
to the Corps of Engineers, Regional Water Quality Control
Board, and CDFW as part of the required permit
applications to these agencies under Sections 401 and 404
of the Federal Clean water Act and Section 1602 of the
California Fish and Game Code. To off-set direct wetland
impacts at a minimum 1:1 replacement ratio, the MMP
shall provide detailed designs, performance criteria, and
monitoring methods for drainage channel re-
establishment at a driveway removal site. To off-set
potential indirect impacts from shading, the MMP shall
Require as a
condition of
approval
Project sponsor
obtains approvals
from appropriate
agencies prior to
issuance of
building permits
Planning
Division
Building
Division
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
EXHIBIT A - MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Monitoring and Reporting Program 5 Francisco Boulevard West Multi-Use Pathway
Anderson Drive to Mahon Creek Pathway
MITIGATION MONITORING AND REPORTING PROGRAM
Francisco Boulevard West Multi-Use Pathway
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
include an appropriate shade-tolerant bank channel re-
seeding plan for all channel bank areas disturbed by the
cantilevered sections. The MUP shall also include a native
riparian tree planting plan in selected locations
encompassing at least 2,040 square feet of channel bank.
Mitigation Measure 3b: To minimize the potential for
indirect water quality impacts to wetlands in the ditch
during construction, a Storm Water Pollution Prevention
Plan (SWPPP) shall be prepared and implemented in
accordance with Regional Water Quality Control Board
standards and requirements, as well as those of the City
of San Rafael and Marin County.
Require as a
condition of
approval
Project sponsor
obtains approvals
from appropriate
agencies prior to
issuance of
building permits
Planning
Division
Building
Division
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
Mitigation Measure BIO-4: To the extent feasible, trees
and shrubs in the construction zones shall be trimmed or
removed between September 1 and January 31 to reduce
potential impacts on nesting birds. If tree and shrub
removal, as well as initial ground disturbance work is
conducted during the period from February 1 to August
31, a qualified biologist shall conduct preconstruction
surveys for nesting birds. If tree/shrub removal or initial
ground disturbance work does not commence within 10
days of the nesting bird surveys, of if such work does not
commence in all of the areas of the project site within 10
days, then the nesting surveys will need to be repeated.
If an active nest is found, the bird shall be identified to
species and the approximate distance from the closest
work site to the nest estimated. No additional measures
need be implemented if active nests are more than the
Require as a
condition of
approval
Construction
contractor to
complete
documentation
prior to initiation
of construction
activities
Planning
Division
Building
Division
Incorporate as condition
of project approval
Verify appropriate
documentation obtained
prior to issuance of
building permit.
Review construction
specifications and retain
administrative record.
Deny project
Deny issuance of
building permit
EXHIBIT A - MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Monitoring and Reporting Program 6 Francisco Boulevard West Multi-Use Pathway
Anderson Drive to Mahon Creek Pathway
MITIGATION MONITORING AND REPORTING PROGRAM
Francisco Boulevard West Multi-Use Pathway
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
following distances from the nearest work site: (a) 300
feet for raptors; or (b) 75 feet for other non-special-status
bird species. If active nests are closer than those distances
to the nearest work site and there is the potential for
destruction of a nest or substantial disturbance to nesting
birds due to construction activities, the biologist shall
prepare a plan to establish an adequate buffer zone and
to monitor nesting birds during construction. Disturbance
of active nests shall be avoided to the extent possible
until the biologist determines that the nests are no longer
active.
Mitigation Measure BIO-5: A tree planting plan entailing
the planting of six native trees (resulting in a 3:1
replacement ratio) shall be prepared and implemented.
The plan may include trees needed for implementation of
mitigation measure d (1) above. The planted trees shall be
monitored for three years following planting to verify that
trees have successfully reestablished.
Require as a
condition of
approval
Project sponsor
prepares plan
prior issuance of a
building permit.
Implements plan
and monitoring
for three years
following
construction.
Planning
Division
Building
Division
Incorporate as
condition of project
approval
Building Division
reviews plan prior to
issuance of
building permit
Verify annual
monitoring to ensure
trees have
reestablished.
Deny project
Deny issuance of
building permit
V. CULTURAL RESOURCES
Mitigation Measure CULT-1: An archaeologist who meets
the Secretary of the Interior’s Professional Qualifications
Standards for Archeology shall be onsite during
construction-related ground disturbance activit ies (i.e.,
grading and excavation). Monitoring shall continue at this
location until the archaeologist determines that there is a
Require as a
condition of
approval
Construction
contractor to
include
Planning
Division
Building
Division
Incorporate as
condition of project
approval
Review construction
specifications and
Deny project
Halt construction
activities
EXHIBIT A - MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Monitoring and Reporting Program 7 Francisco Boulevard West Multi-Use Pathway
Anderson Drive to Mahon Creek Pathway
MITIGATION MONITORING AND REPORTING PROGRAM
Francisco Boulevard West Multi-Use Pathway
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
low potential for subsurface archaeological deposits.
Should an archaeological deposit be encountered during
project subsurface construction, all ground-disturbing
activities within 25 feet shall be redirected and the on-site
archaeologist shall assess the deposit, consult with
agencies as appropriate, and make recommendations for
the treatment of the discovery. The City shall be notified
by the construction contractor within 24 hours of the
encounter. If found to be significant by the on-site
archaeologist (i.e., eligible for listing in the California
Register of Historical Resources), the City shall be
responsible for funding and overseeing implementation of
appropriate mitigation measures. Mitigation measures
may include, but would not be limited to, recording the
archaeological deposit, data recovery and analysis, and
public outreach. Upon completion of the selected
mitigations, a report documenting methods, findings, and
recommendations shall be prepared and submitted to the
City for review, and the final report shall be submitted to
the Northwest Information Center at Sonoma State
University. Significant archaeological materials shall be
submitted to an appropriate local curation facility and
used for future research and public interpretive displays,
as appropriate.
construction
specifications and
materials in
contract, and
implement
measures during
duration of
construction
activities.
materials, and retain
administrative record
Monitor during
scheduled construction
site inspections
Mitigation/Compliance Measure CULT-2: If unknown,
precontact or historic-period archaeological materials are
encountered during project activities that are not
archaeologically monitored, all work within 25 feet of the
find shall halt until a qualified archaeologist can evaluate
the find and make recommendations. Cultural resources
Require as a
condition of
approval
Construction
contractor to
include
Planning
Division
Building
Division
Incorporate as
condition of project
approval
Review construction
specifications and
materials, and retain
Deny project
Halt construction
activities
EXHIBIT A - MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Monitoring and Reporting Program 8 Francisco Boulevard West Multi-Use Pathway
Anderson Drive to Mahon Creek Pathway
MITIGATION MONITORING AND REPORTING PROGRAM
Francisco Boulevard West Multi-Use Pathway
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
materials may include pre-contact resources such as
flaked and ground stone tools and debris, shell, bone,
ceramics, and fire-affected rock, as well as historic
resources such as glass, metal, wood, brick, or structural
remnants. If the qualified archaeologist determines that
the discovery represents a potentially significant cultural
resource, additional investigations shall be required to
mitigate adverse impacts from project implementation.
These additional studies may include, but are not limited
to, avoidance, test excavation, or other forms of
significance evaluations.
construction
specifications and
materials in
contract, and
implement
measures during
duration of
construction
activities.
administrative record
Monitor during
scheduled construction
site inspections
Mitigation/Compliance Measure CULT-3: If
paleontological deposits are identified during project
construction activity, all ground-disturbing activities
within 25 feet shall be redirected and a qualified
paleontologist shall be contacted to review the find. The
project team, the City, and the paleontologist shall
develop and implement a plan for impact avoidance.
Should avoidance be infeasible due to engineering
requirements, the project team shall develop and
implement a plan to offset the loss of paleontological data
through the implementation of a data recovery project,
including paleontological recovery. If determined to be a
unique paleontological resource, the potentially
significant impacts caused by construction may be
mitigated through monitoring during construction activity
(beyond the area of the initial find), recovery and analysis
of the deposit by the paleontologist, resource
recordation, and report preparation.
Require as a
condition of
approval
Construction
contractor to
include
construction
specifications and
materials in
contract, and
implement
measures during
duration of
construction
activities.
Planning
Division
Building
Division
Incorporate as
condition of project
approval
Review construction
specifications and
materials, and retain
administrative record
Monitor during
scheduled construction
site inspections
Deny project
Halt construction
activities
Mitigation Measure CULT-4: If human remains are Require as a Planning Incorporate as condition Deny project
EXHIBIT A - MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Monitoring and Reporting Program 9 Francisco Boulevard West Multi-Use Pathway
Anderson Drive to Mahon Creek Pathway
MITIGATION MONITORING AND REPORTING PROGRAM
Francisco Boulevard West Multi-Use Pathway
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
identified during construction and cannot be preserved in
place, the City shall fund: 1) the removal and
documentation of the human remains from the project
corridor by a qualified archaeologist meeting the
Secretary of the Interior’s Professional Qualifications
Standards for Archeology, 2) the scientific analysis and of
the remains by a qualified archaeologist, should such
analysis be permitted by the Native American Most Likely
Descendent, and 3) the reburial of the remains, as
appropriate. All excavation, analysis, and reburial of
Native American human remains shall be done in
consultation with the Native American Most Likely
Descendent, as identified by the California Native
American Heritage Commission.
condition of
approval
Construction
contractor to
include
construction
specifications and
materials in
contract, and
implement
measures during
duration of
construction
activities.
Division
Building
Division
of project approval
Review construction
specifications and
materials, and retain
administrative record
Monitor during
scheduled construction
site inspections
Halt construction
activities
IX. HYDROLOGY AND WATER QUALITY
Compliance Measure WQ-1: Prior to the issuance of a
building permit, the Construction Contractor shall prepare
and submit an Erosion and Sediment Control Plan (ESCP)
to the City of San Rafael Engineer, or appropriate
designee for review and approval, as specified in the
Statewide Phase II Permit (Water Quality Order No. 2013-
0001-DWQ, NPDES General Permit No. CAS000004), and
the City of San Rafael Municipal Code Section 9.30.150,
Erosion and Sediment Control Plan Requirements. The
ESCP will follow the most recent version of the Marin
County Stormwater Pollution Prevention Program
(MCSTOPPP) Construction Erosion and Sediment Control
Plan package and include, at a minimum, the following:
(1) description of the project and soil disturbing; (2) site
specific construction-phase Best Management Practices
Require as a
condition of
approval
Project sponsor
obtains approvals
from appropriate
agencies prior to
issuance of
building permits
Planning
Division
Building
Division
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
EXHIBIT A - MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Monitoring and Reporting Program 10 Francisco Boulevard West Multi-Use Pathway
Anderson Drive to Mahon Creek Pathway
MITIGATION MONITORING AND REPORTING PROGRAM
Francisco Boulevard West Multi-Use Pathway
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
(BMPs); (3) rationale for selecting the BMPs; (4) list of
applicable outside agency permits associated with the soil
disturbing activity; (5) financial security that temporary
measures will be implemented and maintained during
construction; and (6) approved ESCP will be a condition of
the issuance of the appropriate permit issued by the City
for the proposed project.
Compliance Measure WQ-2: All groundwater dewatering
activities shall comply with the requirements of the
General Waste Discharge Requirements for Discharge or
Reuse of Extracted Brackish Groundwater, Reverse
Osmosis Concentrate Resulting from Treated Brackish
Groundwater, and Extracted Groundwater from Structure
Dewatering Requiring Treatment (Order No. R2-2012-
0060, National Pollutant Discharge Elimination System No.
CAG912004), or subsequent permit. This compliance shall
include submission of a Notice of Intent (NOI) for
coverage under the permit to the San Francisco Bay
Regional Water Quality Control Board at least 45 days
prior to the start of dewatering and compliance with all
applicable provisions in the permit, including water
sampling, analysis, and reporting of dewatering-related
discharges.
Require as a
condition of
approval
Project sponsor
obtains approvals
from appropriate
agencies prior to
issuance of
building permits
Planning
Division
Building
Division
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
XII. NOISE
Mitigation Measure NOI-1: The project contractor shall
implement the following measures during construction of
the project:
• Equip all construction equipment, fixed or mobile, with
Require as a
condition of
approval
Construction
Planning
Division
Building
Incorporate as
condition of project
approval
Review construction
Deny project
Halt construction
EXHIBIT A - MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Monitoring and Reporting Program 11 Francisco Boulevard West Multi-Use Pathway
Anderson Drive to Mahon Creek Pathway
MITIGATION MONITORING AND REPORTING PROGRAM
Francisco Boulevard West Multi-Use Pathway
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
properly operating and maintained mufflers consistent
with manufacturers’ standards.
• Place all stationary construction equipment so that
emitted noise is directed away from sensitive receptors
nearest the active project site.
• Locate equipment staging in areas that would create
the greatest possible distance between construction-
related noise sources and noise-sensitive receptors
nearest the active project site during all project
construction.
• Prohibit extended idling time of internal combustion
engines.
• All noise producing construction activities shall be
limited to the hours of 7:00 a.m. and 6:00 p.m. Monday
through Friday and between the hours of 9:00 a.m. and
6:00 p.m. on Saturdays. No construction activity shall be
allowed on Sundays and holidays.
• Designate a “disturbance coordinator” who would be
responsible for responding to any local complaints
about construction noise. The disturbance coordinator
would determine the cause of the noise complaint (e.g.,
starting too early, bad muffler) and would determine
and implement reasonable measures warranted to
correct the problem.
contractor to
include
construction
specifications and
materials in
contract, and
implement
measures during
duration of
construction
activities.
Division specifications and
materials, and retain
administrative record
Monitor during
scheduled construction
site inspections
activities
XVI. TRANSPORTATION/TRAFFIC
2014 EA Mitigation Measure T-1: SMART will develop a
construction phasing/sequencing and traffic management
Require as a
condition of
approval
Planning
Division
Incorporate as condition
of project approval
Deny project
EXHIBIT A - MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Monitoring and Reporting Program 12 Francisco Boulevard West Multi-Use Pathway
Anderson Drive to Mahon Creek Pathway
MITIGATION MONITORING AND REPORTING PROGRAM
Francisco Boulevard West Multi-Use Pathway
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action & Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
plan to be developed and implemented by the contractor
to minimize Proposed Action effects during construction.
This plan will define each construction operation,
approximate duration, and the necessary traffic controls
to maintain access for vehicles. The plan will require the
movement of heavy equipment and transport materials
during off-peak travel demand periods. To reduce the
effect on parking supply, the plan will encourage workers
to carpool and use public transit. To address safety issues,
clearly defined access for non-motorized modes will be
maintained during construction. Staging areas will be
fenced and signed. Where roadways and sidewalks are
impassable for bicycles and pedestrians, safe alternate
routes and pathways will be signed and maintained during
construction. This plan will be coordinated with the cities
of San Rafael and Larkspur, local fire and police
departments, and transit providers.
Project sponsor
obtains approvals
from appropriate
agencies prior to
issuance of
building permits
Building
Division
Building Division verifies
appropriate approvals
obtained prior to
issuance of building
permit
Deny issuance of
building permit