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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 1-2 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. 1-3 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