HomeMy WebLinkAboutCC Resolution 13477 (Recreational Facility at SR Airport)RESOLUTION NO. 13477
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE SAN RAFAEL AIRPORT RECREATIONAL
FACILITY PROJECT, LOCATED SOUTH OF SMITH RANCH ROAD AT 397-400 SMITH RANCH
ROAD
(APN 155-230-10, 11, 12, 13, 14, 15 & 16)
ZC05-01, UP05-08, ED05-15
WHEREAS, on March 1, 2005, San Rafael Airport, LLC filed planning permit applications with
the City of San Rafael, Planning Division proposing development of a recreation facility at the San Rafael
Airport. The project proposes the development of: a) an 85,700 -square -foot multi-purpose recreational
use building with indoor sports fields, courts and associated ancillary support services; b) a lighted
outdoor soccer field for games and an un -lighted soccer warm-up area; and c) surface parking for visitor
use. The proposed recreation facility development would encumber a 16.6 -acre portion of the entire
119.52 -acre airport property (sited east of the airport support facilities and north of the runway); on that
portion of the property identified as APN 155-230-12; and
WHEREAS, on January 7, 2006, consistent with the California Environmental Quality Act
(CEQA) Guidelines, the Community Development Department completed and published an Initial Study,
which recommended adoption of a Mitigated Negative Declaration for the project. A 30 -day public
review period was observed. On February 28 and March 28, 2006, the Planning Commission held public
hearings on the Initial Study/Mitigated Negative Declaration. Following public testimony and comment,
on June 21, 2006 the Community Development Director determined and directed that an Environmental
Impact Report (EIR) be prepared. Pursuant to the CEQA Guidelines (Public Resources Code, § 21000 et
seq.), the EIR was required to address the following issues: Land Use and Planning, Aesthetics, Air
Quality, Biological Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and
Water Quality, Noise, Transportation/Traffic, Cumulative Impacts, Growth -Inducing Impacts and Project
Alternatives; and
WHEREAS, on October 16, 2006, the City Council authorized an agreement with Lamphier-
Gregory, Environmental Consultants to prepare the project EIR based on the scope of work developed
and reviewed by the Planning Commission on September 26, 2006. Work on the EIR commenced but was
suspended from December 2006 through July 2007 to allow for completion of California Clapper Rail
surveys in conformance with US Fish and Wildlife Draft Survey Protocol. On October 7, 2007, following
completion of the protocol surveys, the City prepared and published a Notice of Preparation (NOP) to
obtain updated comments from responsible and trustee agencies and interested parties. The scope of work
was further expanded to include analysis of climate change; and
WHEREAS, in March 2009 the Draft San Rafael Airport Recreation Facility Draft
Environmental Impact Report (DEIR) was completed, which concluded that all significant impacts
identified in the DEIR can be mitigated to a less -than -significant level with implementation of the
mitigation measures recommended in the DEIR. The Community Development Department published a
Notice of Completion (NOC) and the DEIR was circulated for a 60 -day public review period beginning
March 12, 2009 and closing on May 12, 2009 (SCH # 2006-012-125); and
WHEREAS, On May 12, 2009, the Planning Commission held a duly -noticed public hearing to
consider and accept public testimony and provide its comments on the DEIR. Following public comment
and discussion, and its own review of the DEIR, the Planning Commission directed staff to review and
respond to all comments that had been provided on the DEIR during the 60 -day public review period, and
pursue preparation of a Final Environmental Impact Report (FEIR) consistent with the requirements of
the California Environmental Quality Act (CEQA); and
WHEREAS, pursuant to Public Resources Code Section 21091(d)(2)(A) and CEQA Guidelines
Sections 15088 and 15089, the City responded to all the environmental comments that were submitted on
the DEIR during the 60 -day public review period and a Final Environmental Impact Report (FEIR) was
completed. Tile San Rafael Airport Recreational Facility Project Final Environmental Impact Report
(SRARF FEIR) is comprised of a) the March 2009 DEIR Volume and DEIR Volume II: Technical
Appendices, and b) August 2011 FEIR/Response to Comments Volume. The FEIR concludes that none of
the comments and responses result in significant new information or an increase in the severity of impacts
from those assessed and determined in the DEIR. On September 8, 2011 a Notice of Availability for the
Final Environmental Impact Report/Response to Comments (FEIR) was mailed to interested persons and
property owners and occupants within 300 feet of the property and written responses to comments were
provided to agencies, organizations and interested parties that commented on the DEIR; and
WHEREAS, on November 15, 2011, the Planning Commission held a duly -noticed public
hearing on the San Rafael Airport Recreation Facility Project FEIR, accepting all oral and written public
testimony and the written report of the Community Development Department staff and continued the
matter with direction that staff provide additional information addressing questions raised by the Planning
Commission and public; and
WHEREAS, on January 24, 2012, the Planning Commission held a duly -noticed public hearing
on the San Rafael Airport Recreation Facility Project FEIR, accepting all oral and written public
testimony and the written report of the Community Development Department staff addressing questions
and comments provided at the November 15, 2011 meeting, and adopted resolution no. 11-16 on a 6-0
vote (member Paul absent due to conflict of interest) recommending certification of the San Rafael
Airport Recreation Facility Project FEIR; and
WHEREAS, the Planning Commission also received and considered the additional documents
provided as an attachment to staffs report that supplements and confirms the responses provided to the
questions and comments raised at the November 15 meeting, which includes; 1) a copy of the Questa
Engineering March 15 2010 peer review response to comments letter, 2) FS Erafin January 5 2012 Phase
I investigation of the San Rafael Airport property, 3) December 12 2011 Lee Oberkamper letter re:
Contempo Marin Flood Protection and Flood Protection Facilities and Flood Protection plat map, 4) San
Rafael Sports Facility Sustainability Strategy, and 5) Department of the Army (USACOE) December 9
2011 wetland delineation letter (updated); and
WHEREAS, the FEIR includes an Errata sheet (Attachment A) which includes additional
revisions to the FEIR discussion and mitigation measures that would address identified impacts, including
measures that the project proponent has agreed to implement as part of the project. None of the
comments, responses or revisions made result in significant new information or an increase in the severity
of impacts from those assessed and determined in the DEIR; and
WHEREAS, the City intends that the San Rafael Airport Recreational Facility Project FEIR shall
be used as the environmental documentation required by CEQA for subsequent discretionary actions
required for this project; and
WHEREAS, the custodian of all documents which constitute the record of proceedings for this
project and upon which this decision is based, is the Community Development Department; and
N
WHEREAS, on December 3, 2012, the City Council held a duly -noticed public hearing on
certification of the San Rafael Airport Recreation Facility Project FEIR, accepting oral and written
testimony and the written report of the Community Development Department staff, closed the public
hearing and voted to continue the matter for its deliberation on December 17, 2012 and directing staff to
provide responses to specific questions raised at the hearing; and
WHEREAS, on December 17, 2012, the City Council received responses to its questions of staff
and the consultant and conducted its deliberations on the project FEIR and merits.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby certifies the San Rafael
Airport Recreational Facility FEIR inclusive of the Errata (Attachment A) based upon the following
findings required by CEQA Guidelines Section 15090:
1. The San Rafael Airport Recreational Facility FEIR has been prepared and completed in compliance
with the California Environmental Quality Act (CEQA) Guidelines and the City of San Rafael
Environmental Assessment Procedures Manual by following the appropriate format, content,
technical analysis of the potential impact areas and project alternatives identified in the initially -
authorized scope of work. Further, all prescribed public review periods and duly noticed hearings
were held for the project Notice of Preparation, Notice of Completion for public review of the DEIR
and Notice of Availability following publication of the FEIR.
The FEIR reflects the independent judgment and analysis of the City of San Rafael Community
Development Department and the Planning Commission. The Planning Commission has reviewed
and considered all information contained in the FEIR prior to making its recommendation on the
project, and concludes that the FEIR:
a. Appropriately analyzes and presents conclusions on the impacts of the San Rafael Airport
Recreational Facility project.
b. Analyzes a reasonable range of alternatives to the San Rafael Airport Recreational Facility
project that could feasibly attain most of the basic objectives of the project while avoiding or
substantially lessening any significant effect of the project.
c. Identifies or recommends mitigation measures to substantially lessen, eliminate or avoid the
otherwise significant adverse environmental impacts of the San Rafael Airport Recreational
Facility project.
d. Includes findings and recommendations supported by technical studies prepared by professionals
experienced in the specific areas of study, and which are contained within the document and/or
made available within the project file maintained by the City of San Rafael Community
Development Department, the custodian of all project documents.
3. The information contained in the FEIR is current, correct and complete for document certification. As
a result of comments submitted on the DEIR, the FEIR presents some additional information and
recommendations to expand, clarify and support the findings of the specific studies and topic areas,
which, as a result, was cause for minor revisions in the DEIR text and recommended mitigation
measures. The extent of changes to the document would not meet the threshold for re -circulation of
the DEIR, as prescribed in CEQA Guidelines Section 15088.5. New information has been added to
the DEIR and does not deprive the public of meaningful opportunity to comment upon the substantial
adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect that
the project's proponents have declined to implement. In particular, the new information presented in
the FEIR does not disclose or result in:
a. A new significant environmental impact resulting from the project or from a new mitigation
measure proposed to be implemented.
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b. A substantial increase in the severity of the impacts that were disclosed and analyzed in the
DEIR.
c. Any new feasible project alternatives or mitigation measures considerably different from others
previously analyzed that would clearly lessen significant environmental impacts of the project,
but which the project's proponents refuse to adopt. This includes consideration of the no project
alternative "No Project/No Build" variant that has been added in the FEIR assessing the status
quo.
d. A finding that the DEIR is so fundamentally and basically inadequate and conclusory in nature
that meaningful public review and comment were precluded.
4. The FEIR presents factual, quantitative and qualitative data and studies, which find and support the
conclusion that the project will result in several potentially significant impacts that necessitate
mitigation. Complete and detailed findings pursuant to Public Resources Code Section 21081(a) and
CEQA Guidelines Section 15091 have been provided below, as required before the City considers
action on the merits of the project evaluated by the FEIR.
The City is taking an action to certify the FEIR for the project, recognizing it as an informational
document for assessment of the San Rafael Airport Recreational Facility project. The CEQA
Guidelines recognize that an environmental document is prepared for public disclosure of potential
project impacts and that it is used as an informational document to guide decision -makers in
considering project merits. Certification of the FEIR, as presented, would not result in a land use
entitlement or right of development for the project site. The FEIR document must be reviewed to
determine whether it adequately assesses the impacts of the project, and whether the circumstances
presented in Public Resources Code section 21166, as amplified by its corresponding CEQA
Guidelines Sections 15162 to 15163 are present with respect to the project to determine whether a
Subsequent EIR, a Supplement to the EIR, or Addendum to the EIR need be prepared or if further
environmental review under CEQA is not required. Certification of the FEIR prior to consideration of
and taking action on project entitlements does not prejudice or bias review or actions on the proposed
development project.
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 on the 17"' day of December, 2012, by the following vote, to wit:
AYES: Councilmembers: Connolly, Heller, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
�° Q�t ... _ ill • �f_Q'M.e �
16-k. AtTHER C. BEIRNE, City Clerk
ATTACHMENT:
A "Errata"
4
ATTACHMENT A
San Rafael Airport Recreation Facility FINAL EIR - Errata (1/12/12)
The text of the second paragraph on FEIR page C&R -534 has been modified to read as follows:
"Leaded gasoline for automobiles was phased out in the early 1990s. The aviation
industry was given an exemption for 100LL, ,.�1 haS announeed a pfepesed
fulemaking seheduled for 2010 that would phase etA 1 OOLL by 2017, eliffiinafifig Ge
Aviation air�ra ft .setir-ee o f ,,:..t..,,,.., e lead."
Further, the 4"' paragraph on FEIR page C&R 534 should be modified to read as follows:
"The strength of the emission associated with airport operations is quite small. i n
avgas--eerrtains a X11 ff tienofthe lead-th4 +aiB d in aut
Yrzc crnrr=ivicsC�irccnzxc
before its use was phased etA, and
Tthe airport averages only 20 landing and take -offs per
day. Only emissions taking place near the ground can affect neighboring properties, so
emissions from aircraft in the air make little contribution to exposure."
On FEIR page R-1, the following text has been added:
"On DEIR pages 2-3 and 2-4, the text of MM Aesth-lb has been modified to read as
follows:
MM Aesth-lb: Design Review Board Materials and Colors and Landscape Plan
Approval. Consistent with the recommendations of the Design Review Board subsequent
to an earlier review, the DRB shall also review and approve the proposed building
materials to ensure that the proposed Project is designed with non -reflective and/or tinted
glass to minimize potential daytime glare impacts pursuant to the Design Review Permit
criteria established in the San Rafael Municipal Code Title 14 (zoning), Chapter 25
(Design Review). Additionally, the DRB shall review and approve the Project final
landscape plans for the entire site. The plan shall show the area where the DRB requested
the gap in the Eucalyptus row to be filled in. Replacement species shall be consistent with
City tree guidelines."
On FEIR page R-1, the following text has been added:
"On DEIR pave 2-6, the following Air Ouality Mitigation Measure has been added above
the "Biolozical Resources" section:
MM AO -2: Greenhouse Gas Reduction Strategies Comoliance. The applicant shall
implement all of the City of San Rafael November 2010 BAAOMD Oualified
Greenhouse Gas Reduction Strategy checklist's Reauired Elements: as indicated in the
checklist prepared and submitted by the moiect applicant. Additionally, the applicant
shall implement the GHG Reduction Strategy checklist's Recommended Elements, as
proposed by the proiect applicant and reauired as a condition of approval to comply with
City Municipal Code Reauirements. Additional strategies shall be implemented, to the
extent feasible, as determined by City of San Rafael Building, Planning_ and Public
Works in order to fiirther reduce the proiect generated GHG emission."
On FEIR pages R-2 and R-3, the text related to MM Bio -2d has been modified to strike the
words "without limitation" in the second sentence of this measure, thus is further revised to read
as follows:
"Pile driving associated with the recreational facility building shall not commence until
September I" and shall be completed by February I". Outside of pile driving. exterior
construction of the recreational facility shall be allowed between July 1St and February 1"
wi�'��.�ta ierr. Interior work shall be allowed without timing limitations.
Construction shall not commence on the recreational facility
Project unil on July 1St until a qualified biologist determines that there are no nesting
California Clapper Rails or California Black Rails within 200 feet of the Proiect
construction envelope. In the event nesting rails are found within 200 feet of the Proiect
site on or after July 1St. construction shall be delayed until the nesting attempt is
completed and the nest is abandoned or a qualified biologist determines that the nesting
would not be adversely affected by commencement of the Proiect. If California Clapper
Rails or California Black Rails are determined to be nesting between 200 feet and 500
feet fiom the Proiect construction envelope on July 1St, the Proiect may proceed if a
qualified biologist determines that the nesting rails would not be affected by the proposed
construction activities. Under all circumstances any nest identified within 500 feet of the
Proiect construction envelope would be monitored by a qualified biologist while
construction activities were in progress. The monitoring biologist would have the right to
shut down any and all construction activities immediately in the event that such activities
were determined to be disturbing the nesting_ attempt. Nests greater than 500 feet away_
would not require biologist monitoring Mhe.. the ails ean be expeeted, in ,
To account for California clapper rails or black rails, and other special -status birds, that
lamely occur and nest in the marsh habitats along the creek in the immediate area of the
bridge, all work associated with the new bridge, including the demolition of existing
bridge deck, installation of the new deck, and other bridge improvements, shall be
restricted to August 1 to October 15. The bridge pile -driving dates shall be fiirther
restricted to September 1 and October 15 when potentially occurring anadrornous fish
would not be expected to occur in the channel. This "avoidance window" is outside of the
California clapper rail, California black rail, and other special -status birds breeding
seasons, thereby eliminating the potential that bridge reconstruction activities would
disrupt breeding attempts. This mitigation measure provides conservation measures that
are consistent with the ISP Best Management Practices."
On FEIR page R-3, the following text has been added:
"On DEIR page 2-14. the text of MM Bio4b has been modified to read as follows:
MM Bio4b Nesting Raptors — Recreation Facility Construction. Exterior
cEonstruction of the recreational facility shall eeeur be allowed between from July 1 and
6
February 1", +,-,.,,,,g Oet , when most raptors are expected to have completed their
nesting cycles. In cases where a nest fails c-arly kn the egg laying phase during _egg -la g
or
early incubation, adults may recycle, laying a second set of eggs. In such cases the
completion of the nesting season may will be delayed until August. While this is rare, it
can does occur and thus out of an abundance of caution, sometimes in Nature and thus a
mitigation measure is provided below to account for late nesting raptors."
On FEIR page R-3, the text related to the first bulleted paragraph under Mitigation Measure
Bio -4c: Nesting Raptors — Pre -Construction Nesting Surveys has been further modified to
include the team "qualified biologist" to read as follows:
"A pre -construction nesting survey shall be conducted by a "a_ualified biologist" in
during the breeding season (February through July) of the year construction of the project
will commence. The nesting survey shall be conducted within 30 days prior to
commencing of construction work. The raptor nesting surveys shall include examination
of all habitats and trees within 500 feet of the entire Project site, including near the
bridge, not just eucalyptus trees on the northern boundary of the Project site."
On FEIR page R-4, the text related to first bullet in MM Bio -5a has been fiirther modified to
include reference to a "qualified biologist" to read as follows:
• "Pre -construction Survey. A meconstruction survey of the Proiect site shall be
conducted by a "qualified biologist" within 30 days prior to any ground disturbing
activities to confirm the absence or presence of burrowing owls. If more than 30 days
lapse between the time of the Dreconstruction survey and the start of ground -
disturbing activities, another Dreconstruction survey must be completed. This process
should be repeated until the Proiect site habitat is converted to non -habitat (e.g.,
developed for recreational uses). If western burrowing owls are not present, no further
mitigation is required."
On FEIR page R-7, the following text has been added:
"On DEIR page 2-21, the text of MM Bio -9: Impacts to CDFG Jurisdiction — Banks of
the North Fork of Gallinas Creek has been modified to read as follows:
"MM Bio -9: Impacts to CDFG Jurisdiction — Banks of the North Fork of Gallinas
Creek. Construction of the proposed bridge shall be restricted to the terms and activities
consistent with the approved CDFG 1602 Lake and Streambed Alteration Agreement
(Notification Number: 1600-2006-0266-3), including but not limited to the following:
• All work associated with en the new bridge, including the demolition of existing
bridge deck, and other bridge improvements, prejee-t shall be restricted to August
1 july 15th through October 15th to account for California clapper rails or black
rails, and other special -status birds, that could nest in the marsh habitats along the
creek in the immediate area of the bridge. This "avoidance window" is outside of
the California clapper rail. California black rail, and other special -status birds
breeding seasons, thereby eliminating the potential that bridge reconstruction
11
activities would disrupt breeding attempts. The work on the bridge deck may be
extended beyond the October 15'1' date allowed in the SBAA to February 1" under
the condition that CDFG and the City provide approval for this extension and
appropriate weather-related BMPs are implemented. Work up until February 1St is
likewise outside of the Clapper rail, California black rail, and other special -status
bird breeding seasons.
• The bridge pile -driving shall occur from September 1 through October 15th when
potentially occurring anadromous fish are not expected to occur in the channel.
While as permitted by CDFG, bridge decking work may continue after October
15th until February lsc, no work shall be allowed including pile driving,
constructing abutments, or any other construction -related activities that could
otherwise negatively affect fish habitats between October 15th and September lsc
• Nno work shall occur below the top -of -bank or the normal high-water mark i.e.
the mean higher high tidelinel of the stream.
• Aall conditions in the authorized SBAA shall also be made a condition of the
project."
On FEIR page R-10, the following text has been added:
"On DEIR pages 2-32 and 2-33, the text Impact N-1 has been modified to read as
follows:
Impact N-1: Operation of the proposed recreational facility would have the potential to
increase noise levels on the Project site, which could adversely affect nearby residential
uses. in aeetiien,
aeeess to the site, whieh also eould affeet residential uses leeated adjaeent to these streets.
This impact is considered potentially significant."
On FEIR pages R-10 and R-11, the following text related to MM N-1: Evening Noise has been
further modified as follows:
"MM N-1 Evening Noise. To address the potential that noise from late evening games
becomes an annoyance to neighbors to the south due to the potential of a 1 decibel
increase over maximurn allowable nighttime noise levels, either -a the following
measures shall be implemented:
•
"Close -the -eutdeer fieldsatp.-r l., Sundays-t]H�aubh Thursdays, LTJ p.m. an
Fridays and Satufdays. Altemative13 , During the first full year of operations, the
project sponsor shall annually monitor noise levels during a minimum of five
ni&4ime games to determine whether the use of outdoor fields and warm-up areas
.,,.+,.„lly eauses would result in an exceedance of the 40 dBA (Ld-n) exterior
residential nighttime noise threshold to be exeeeaoa at the closest residential property
boundary. The City shall approve the monitoring schedule, to ensure monitoring
occurs during times when outdoor fields are in full usage. A copy of the noise
consultant's analysis shall be submitted to the City. If the analysis demonstrates that
the Noise Ordinance niahttime threshold would be is exceeded, the outdoor facilities
shall remain closed by at 9 p.m., Sundays through Thursdays, and 10 p.m. on Fridays
and Saturdays. If the noise analysis demonstrates that the Noise Ordinance nighttime
noise threshold would not be exceeded, the outdoor facilities may extend the hours of
operation to 10 mm., Sundays through Thursdays. e}"
or shall revise
noise .,11 .,long the s „t1,o,.,, T,.,,,,,dar-5, of the parking lot and s e "arm up a:-eas.
build a no- so wall instead of .,wing the ,.,,+,Teef
ftekls--&t 9 p.m. If a noise wall is eenstr-aet •a, it shall be ubjeet to the � 1
i equifemexts:
o Pur3uant-4e--CeffcT-a1 Plan Pwall's
aeee ee- with the r-eeeaffnendationsr of the geeteeharcal as
all -.hall b.City's
Design Review Board.
e The s ., 1 ,,.all ciliall be „ .-,--st—eted e iste + NVith D.,,-•1 77 of the Fedefal A Vi tiO
>ceguruavrrsvjcEtSVfteth?g Arai;igable Mz&paee, spe-aifi-nally, the-.ra-urrsrcroziur
Zone 5 Sideline Zone, as analyzed by ai>=paft
t,.,.,ards safety s .,list "
On FEIR page R-11, the following text has been added:
"On DEIR page 2-36, delete the "Transportation and Traffic" section of Table 2-1,
"Impact Traf-1: Bridge Access and MM Traf-1: Traffic Management Plan." in its
entirety. This text has been replaced with the followina Mitigation Measure:
MM:Traf-1: The City shall monitor the signal timing at study intersections #3 (Smith
Ranch Road/US 101 Northbound Ramps) and #4 (Lucas Valley Road/US 101
Southbound Raines) to ensure traffic flow is optimized and that there are no significant
impacts to traveler safety as a result of Queuing iinpacts, and that the City will continue to
work with Caltrans in these efforts."
On FEIR page R-12, the following text has been added:
"On DEIR nacres 5-35 and 5-36, the text of MM Aesth-lb has been modified to read as
follows:
MM Aesth-lb: Design Review Board Materials and Colors and Landscape Plan
Approval. Consistent with the recommendations of the Design Review Board subsequent
to an earlier review, the DRB shall also review and approve the proposed building
01
materials to ensure that the proposed Project is designed with non -reflective and/or tinted
glass to minimize potential daytime glare impacts pursuant to the Design Review Permit
criteria established in the San Rafael Municipal Code Title 14 (zoning), Chapter 25
(Design Review). Additionally, the DRB shall review and approve the Project final
landscape plans for the entire site. The Dlan shall show the area where the DRB requested
the gap in the Eucalyptus row to be filled in. Replacement species shall be consistent with
City tree guidelines."
On FEIR page R-13, the following text has been added:
"On DEIR page 6-22, the following Air Ouality Mitigation Measure has been added:
MM AO -2: Greenhouse Gas Reduction StrateLyies Compliance. The applicant shall
implement all of the City of San Rafael November 2010 BAAOMD Oualified
Greenhouse Gas reduction Strategy checklist's Required Elements, as indicated in the
checklist prepared and submitted by the Droiect applicant. Additionally. the applicant
shall implement the GHG Reduction Strategy checklist's recommended Elements, as
proposed by the moiect applicant and required as a condition of approval to comply with
City Municipal Code requirements. Additional strategies shall be implemented, to the
extent feasible, as determined by City of San Rafael Building, Planning_ and Public
Works staff in order to further reduce the Droiect generated GHG emission."
On FEIR pages R-16 and R-17, the text related to MM Bio -2d has been modified to read as
follows:
"Pile driving associated with the recreational facility building shall not commence until
September 1st and shall be completed by February 1St. Outside of Dile driving, exterior
construction of the recreational facility shall be allowed between July 1St and February 1St
withea��it-atie . Interior work shall be allowed without timing limitations.
Construction of the reereational f edity shall not commence on the recreational facility
Project untA on July 1st until a qualified biologist determines that there are no nesting
California Clapper Rails or California Black Rails within 200 feet of the Proiect
construction envelope. In the event nesting rails are found within 200 feet of the Proiect
site on or after July 1St, construction shall be delayed until the nesting attempt is
completed and the nest is abandoned or a qualified biologist determines that the nesting
would not be adversely affected by commencement of the Droiect. If California Clapper
Rails or California Black Rails are determined to be nesting between 200 feet and 500
feet from the Proiect construction envelope on July 1st, the Proiect may Droceed if a
qualified biologist determines that the nesting rails would not be affected by the proposed
construction activities. Under all circumstances any nest identified within 500 feet of the
Proiect construction envelope would be monitored by a qualified biologist while
construction activities were in progress. The monitoring biologist would have the right to
shut down any and all construction activities immediately in the event that such activities
were detennined to be disturbing the nesting attempt. Nests greater than 500 feet away
would not require biologist monitoring Avhe., the ,..,a.. expeeted, in est eases, to
10
with i arior work allawed +h..ettgheu4 the .
To account for California clapper rails or black rails, and other special -status birds, that
hk,ely occur and nest in the marsh habitats along the creek in the immediate area of the
bridge, all work associated with the new bridge, including the demolition of existing
bridge deck, installation of the new deck, and other bridge improvements, shall be
restricted to August 1 to October 15. The bridge pile -driving dates shall be further
restricted to September 1 and October 15 when potentially occurring anadromous fish
would not be expected to occur in the channel. This "avoidance window" is outside of the
California clapper rail, California black rail, and other special -status birds breeding
seasons, thereby eliminating the potential that bridge reconstruction activities would
disrupt breeding attempts. This mitiaation measure provides conservation measures that
are consistent with the ISP Best Manaaement Practices."
On FEIR page R-17, the following text has been added:
"On DEIR Mae 7-72, the text of MM Bio4b has been modified to read as follows:
MM Bio4b Nesting Raptors — Recreation Facility Construction. Exterior
cEonstruction of the recreational facility shall eeeu be allowed between ftem July 1 and
February 1". thfough Oeteber, when most raptors are expected to have completed their
nesting cycles. In cases where a nest fails during egg -laying
or early incubation, adults may recycle, laying a second set of eggs. In such cases the
completion of the nesting season may wi-11 be delayed until August. While this is rare, it
can does occur and thus out of an abundance of caution, s,., etifnes in r„+,,,.,, and thus a
mitigation measure is provided bele w to account for late nesting raptors."
On FEIR page R-17, the text related to the first bulleted paragraph under Mitigation Measure
Bio -4c: Nesting Raptors — Pre -Construction Nesting Surveys has been modified to read as
follows:
"A pre -construction nesting survey shall be conducted by a "qualified biologist" in itme
during the breeding season (February through July) of the year construction of the project
will commence. The nesting survey shall be conducted within 30 days prior to
commencing of construction work. The raptor nesting surveys shall include examination
of all habitats and trees within 500 feet of the entire Project site, including near the
bridge, not just eucalyptus trees on the northern boundary of the Project site."
On FEIR page R-18, the text related to first bullet in MM Bio -5a has been modified as follows:
"Pre -construction Survey. A hreconstruction survey of the Proiect site shall be conducted
by a "qualified biologist" within 30 days prior to any around disturbing activities to
confirm the absence or presence of burrowina owls. If more than 30 days lapse between
the time of the hreconstruction survey_ and the start of around-disturbina activities,
another hreconstruction survey must be completed. This process should be reheated until
the Proiect site habitat is converted to non -habitat (e.g., developed for recreational uses).
If western burrowing owls are not present, no further mitigation is required."
On FEIR page R-21, the following text has been added:
"On DEIR page 7-81, the text of MM Bio -9: Impacts to CDFG Jurisdiction — Banks of
the North Fork of Gallinas Creek has been modified to read as follows:
"MM Bio -9: Impacts to CDFG Jurisdiction — Banks of the North Fork of Gallinas
Creek. Construction of the proposed bridge shall be restricted to the terms and activities
consistent with the approved CDFG 1602 Lake and Streambed Alteration Agreement
(Notification Number: 1600-2006-0266-3), including but not limited to the following:
• All work associated with on the new bridge, including the demolition of existing
bridge deck, and other bridge improvements, prejeet shall be restricted to August
1 My 15th through October 15th to account for California clapper rails or black
rails, and other special -status birds, that could nest in the marsh habitats along the
creek in the immediate area of the bridge. This "avoidance window" is outside of
the California clapper rail, California black rail, and other special -status birds
breeding seasons, thereby eliminating the potential that bridge reconstruction
activities would disrupt breeding attempts. The work on the bridge deck may be
extended beyond the October 15"' date allowed in the SBAA to February 1st under
the condition that CDFG and the City provide approval for this extension and
appropriate weather-related BMPs are implemented. Work uD until February 1 st is
likewise outside of the Clapper rail, California black rail, and other special -status
bird breeding seasons.
• The bridge Dile-driving shall occur from September 1 through October 15'11 when
Dotentiallv occurring anadromous fish are not expected to occur in the channel.
While as permitted by CDFG. bridge decking work may continue after October
15th until February 1st, no work shall be allowed including Dile driving,
constructing abutments, or any other construction -related activities that could
otherwise negatively affect fish habitats between October 15t" and September 1st
• Nno work shall occur below the top -of -bank or the normal high-water mark i.e.
the mean higher high tideline) of the stream.
• Aall conditions in the authorized SBAA shall also be made a condition of the
proj ect".
On FEIR page R-25, the following text has been added:
"On DEIR Dage 12-15, the text Impact N-1 has been modified to read as follows:
Impact N-1: Operation of the proposed recreational facility would have the potential to
increase noise levels on the Project site, which could adversely affect nearby residential
9
uses. in addifien,
aeeess te the site, whieh alse eauld aff-eet r-esidei:Aial uses leeated adjaeent to these streets.
This impact is considered potentially significant."
On FEIR pages R-25 and R-26, the following text related to MM N-1: Evening Noise has been
modified as follows:
"MM N-1 Evening Noise. To address the potential that noise from late evening games
becomes an annoyance to neighbors to the south due to the potential of a 1 decibel
increase over maximum allowable nighttime noise levels, either a the following
measures shall be implemented:
•
"Close the ettdoer- elda-a�-9r m. Uund s t1&-eR -rhur-sa. ys,,-and-4J p.m. -an
Fridays and Saturdays. Altemafive13, Durina the first full year of operations, the
project sponsor shall annually monitor noise levels during a minimum of five
nigMime evenina games (e.a., durina peak field usaae after 6:00 PM) to determine
whether the use of outdoor fields and warm-up areas actually causes the 40 dBA
(Ldn) exterior residential nighttime noise threshold to be exceeded at the closest
residential property boundary as a result of the outdoor field use. The City_ shall
approve be ,.,..sidled in detef iwhich names are to be monitored, to ensure
monitorina occurs durina times when outdoor fields are in full usaae. This
inelRde at east 3 -mid ck zarnes eqd 2 weekendeafn A copv of the noise
consultant's analysis shall be submitted to the City. If the analysis demonstrates that
the Noise Ordinance niahttime threshold would beis exceeded, the outdoor facilities
shall remain closed by at 9 p.m., Sundays through Thursdays, and 10 p.m. on Fridays
and Saturdays. If the noise analysis demonstrates that the Noise Ordinance niahttime
noise threshold would not be exceeded, the outdoor facilities may extend the hours of
operation to 10 min., Sundays throuah Thursdays. er"
Pfejeet ensor :hall r„
nets€ wall along the -seu4h€r < boundar-y of the parking lot and seeeer war.ra ur u aa -s.
if neise measufemei:As ef nightfitne games indieate that the or-dinanee noise limits a
exeeeded, the p eet sponsor „id build .,Reis_- wall instead ofelesifig the ould,...
fields -at 9 p.m. Ifs all is esnstrREted,it schall be
n,,,.s, ant to GeRe,a1 Plan Pshey S 4, the al 1 on shall be
geeteehnieal investiga4ien, and the al's -design -and eenst an shall Yroeeedin
aeeer-danee with the r-eeemmendations of the geeteeliflieal investigation, as set.
feAh in the City's Geete0imei-nal Review Matr-b�
• ..
13
5 Srideline Zene, as analyzed by air-peft,
hazards safety !!
On FEIR page R-33, the following text has been added:
"On DEIR page 13-43, the following Mitigation Measure has been added:
MM:Traf-1: The City shall monitor the signal timing at study intersections #3 (Smith
Ranch Road/US 101 Northbound Ramos) and #4 (Lucas Valley Road/US 101
Southbound Ramus) to ensure traffic flow is optimized and that there are no significant
impacts to traveler safety as a result of queuing impacts, and that the City will continue to
work with Caltrans in these efforts."
On FEIR page R-53, the text of MM Aesth-lb has been modified to read as follows:
"MM Aesth-lb: Design Review Board Materials and Colors and Landscape Plan
Approval. Consistent with the recommendations of the Design Review Board subsequent
to an earlier review, the DRB shall also review and approve the proposed building
materials to ensure that the proposed Project is designed with non -reflective and/or tinted
glass to minimize potential daytime glare impacts pursuant to the Design Review Permit
criteria established in the San Rafael Municipal Code Title 14 (zoning), Chapter 25
(Design Review). Additionally, the DRB shall review and approve the Project final
landscape plans for the entire site. The plan shall show the area where the DRB requested
the gap in the Eucalyptus row to be filled in. Replacement species shall be consistent with
City tree guidelines."
On FEIR page R-55, the following Mitigation Measure has been added:
"MM AO -2: Greenhouse Gas Reduction Strategies Compliance. The applicant shall
implement all of the City of San Rafael November 2010 BAAOMD Oualified
Greenhouse Gas reduction Strategy checklist's Required Elements: as indicated in the
checklist prepared and submitted by the moiect applicant. Additionally, the applicant
shall implement the GHG Reduction Strategy checklist's recommended Elements, as
proposed by the proiect applicant and required as a condition of approval to comply with
City Municipal Code requirements. Additional strategies shall be implemented, to the
extent feasible, as determined by City of San Rafael Building, Planning_ and Public
Works staff in order to further reduce the proiect generated GHG emission."
On FEIR page R-61, the text related to MM Bio -2d has been modified to read as follows:
"Pile driving associated with the recreational facility_ building shall not commence until
September 1" and shall be completed by February 1St. Outside of pile driving, exterior
construction of the recreational facility shall be allowed between July_ 1St and February 1st
withatA lifnit-atien. Interior work shall be allowed without timing limitations.
Construction shall not commence on the recreational facility
Project mil on July 1" until a qualified biologist determines that there are no nesting
California Clapper Rails or California Black Rails within 200 feet of the Pro iect
construction envelope. In the event nesting rails are found within 200 feet of the Proiect
14
site on or after July 1St, construction shall be delayed until the nesting attempt is
completed and the nest is abandoned or a qualified biologist determines that the nestina
would not be adversely affected by commencement of the proiect. If California Clapper
Rails or California Black Rails are determined to be nesting between 200 feet and 500
feet from the Proiect construction envelope on July 1St, the Proiect may proceed if a
qualified biologist determines that the nesting rails would not be affected by the proposed
construction activities. Under all circumstances any nest identified within 500 feet of the
Proiect construction envelope would be monitored by a qualified biologist while
construction activities were in progress. The monitoring biologist would have the richt to
shut down any and all construction activities immediately in the event that such activities
were determined to be disturbina the nesting_ attempt. Nests greater than 500 feet away
would not require biologist monitoring d, in ::r3:,t eases,4ro
To account for California clapper rails or black rails, and other special -status birds, that
likely occur and nest in the marsh habitats along the creek in the immediate area of the
bridge, all work associated with the new bridge, including the demolition of existing
bridge deck, installation of the new deck, and other bridge improvements, shall be
restricted to August 1 to October 15. The bridge pile -driving dates shall be further
restricted to September 1 and October 15 when potentially occurring anadromous fish
would not be expected to occur in the channel. This "avoidance window" is outside of the
California clapper rail, California black rail, and other special -status birds breeding
seasons, thereby eliminating the potential that bridge reconstruction activities would
disrupt breeding attempts. This mitigation measure provides conservation measures that
are consistent with the ISP Best Management Practices."
On FEIR page R-64, the following text has been modified:
"MM Bio4b Nesting Raptors — Recreation Facility Construction. Exterior
cEonstruction of the recreational facility shall eeeur- be allowed between frem July 1 and
February 1St. thfetigh Oet, when most raptors are expected to have completed their
nesting cycles. In cases where a nest fails early ii: Iche egg laying phaseduring egg -laving
or early incubation, adults may recycle, laying a second set of eggs. In such cases the
completion of the nesting season may will be delayed until August. While this is rare, it
can deer occur and thus out of an abundance of caution, acs in nat,,..o and thus a
mitigation measure is provided bele w to account for late nesting raptors."
On FEIR page R-65 the text related to the first bulleted paragraph under Mitigation Measure
Bio -4c: Nesting Raptors — Pre -Construction Nesting Surveys has been modified to read as
follows:
"A pre -construction nesting survey shall be conducted by a "qualified biologist" in itine
during the breeding season (February through July) of the year construction of the project
will commence. The nesting survey shall be conducted within 30 days prior to
15
commencing of construction work. The raptor nesting surveys shall include examination
of all habitats and trees within 500 feet of the entire Project site, including near the
bridge, not just eucalyptus trees on the northern boundary of the Project site."
On FEIR page R-67, the text related to first bullet in MM Bio -5a has been modified as follows:
"Pre -construction Survey. A Dreconstruction survey of the Proiect site shall be conducted
by a "qualified biologist" within 30 days prior to any ground disturbing activities to
confirm the absence or presence of burrowing owls. If more than 30 days lapse between
the time of the Dreconstruction survey and the start of ground -disturbing activities,
another Dreconstruction survey must be completed. This process should be repeated until
the Proiect site habitat is converted to non -habitat (e.g., developed for recreational uses).
If western burrowing owls are not Dresent, no further mitigation is required."
On FEIR pages R-72 and R-73, the following text has been modified:
"MM Bio -9: Impacts to CDFG Jurisdiction — Banks of the North Fork of Gallinas
Creek. Construction of the proposed bridge shall be restricted to the terms and activities
consistent with the approved CDFG 1602 Lake and Streambed Alteration Agreement
(Notification Number: 1600-2006-0266-3), including but not limited to the following:
• All work associated with en the new bridge, including the demolition of existing
bridge deck, and other bridge improvements. Project shall be restricted to August
1 July 15th through October 15th to account for California clapper rails or black
rails, and other special -status birds, that could nest in the marsh habitats along the
creek in the immediate area of the bridge. This "avoidance window" is outside of
the California clapper rail. California black rail, and other special -status birds
breeding seasons, thereby eliminating the potential that bridge reconstruction
activities would disrupt breeding attempts. The work on the bridge deck may be
extended beyond the October 15th date allowed in the SBAA to February 1st under
the condition that CDFG and the City Drovide approval for this extension and
appropriate weather-related BMPs are implemented. Work UD until February 1st is
likewise outside of the Clapper rail, California black rail, and other special -status
bird breeding seasons.
• The bridge Dile-driving shall occur from September 1 through October 15th when
potentially occurring anadromous fish are not expected to occur in the channel.
While as permitted by CDFG, bridge decking work may continue after October
15th until February 1st, no work shall be allowed including Dile driving,
constructing abutments, or any other construction -related activities that could
otherwise negatively affect fish habitats between October 15th and September 1st
• Nno work shall occur below the top -of -bank or the normal high-water mark i.e.
the mean higher high tideline) of the stream.
16
• Aall conditions in the authorized SBAA shall also be made a condition of the
project".
On FEIR page R-86, the following text has been modified:
"Impact N-1: Operation of the proposed recreational facility would have the potential to
increase noise levels on the Project site, which could adversely affect nearby residential
impactThis • • -• potentially significant."
On FEIR pages R-86 and R-87, the following text related to MM N-1: Evening Noise has been
modified as follows:
"MM N-1 Evening Noise. To address the potential that noise fiom late evening games
becomes an annoyance to neighbors to the south due to the potential of a 1 decibel
increase over maximum allowable nighttime noise levels, o:�r- e the following
measures shall be implemented:
• "Giese tkcttdcer- fields a4 p.m., �und�gh Tltarsaa�fl p.m. an
, During the first full year of operations, the
project sponsor shall annually monitor noise levels during a minimum of five
„; �� games to determine whether the use of outdoor fields and warm-up areas
tuall • eauses would result in an exceedance of the 40 dBA (err) exterior
residential nighttime noise threshold to be exeee od at the closest residential property
boundary. The City shall approve the monitoring schedule, to ensure monitoring
occurs during times when outdoor fields are in fiill usage. A copv of the noise
consultant's analysis shall be submitted to the City. If the analysis demonstrates that
the Noise Ordinance nighttime threshold would beis exceeded, the outdoor facilities
shall remain closed by at 9 p.m., Sundays through Thursdays, and 10 p.m. on Fridays
and Saturdays. If the noise analysis demonstrates that the Noise Ordinance nighttime
noise threshold would not be exceeded, the outdoor facilities may extend the hours of
operation to 10 p.m., Sundays through Thursdays. er"
ensoF Nall rte. e the site ,..la to „ :de suffle:ent s e to ., „d„+o .,
noise wall .,long the s uthe..., boundary of th3 parlan!at -seeeer- warm tip cfea-&.-
exeeeded, the p eet sponsor .,,d build a neisz all i.,ste.,a of ,.wing the etAdee f
fields at p.m. I. a n3ise wall -is-c-enscraetecr-it shall be sccvJcEcothe irmzv^wiiig
rem
o Pumuanlc te—Cearal Plan Polipay S 4, all's loaafien shall be subjeet a
geeteehnieal investigation, and the wall's design and eenstr-tietien shall pr-eeeed ifl.
aeee -dance with the reeemmendations of the geeteehnieal investig +: on, aS s94
feAh in !he City's Geeteeliflieal Review Matr-ix.-
17
e The design of the sound wall shall be subjeet to review pro, al 1-,f the-Cit-y's
Design ReN iew Beard.
e The seund wall shall be eenstr-tteted eensistefA with PaA 77 ef the Feder -a! Aviffti
tall f, the T-1 t« :t: „1
suffaee that govems Air-peft Safety Ze -- 5 Ef -Adeline Zone, as analyzed by air-POIA
hazards safety s .,list "
On FEIR page R-89, the following text has been added:
"MM:Traf-1: The Citv shall monitor the signal timing at studv intersections 43 (Smith
Ranch Road/US 101 Northbound Ramps) and 44 (Lucas Vallev Road/US 101
Southbound Ramps) to ensure traffic flow is optimized and that there are no significant
impacts to traveler safetv as a result of queuing impacts, and that the Citv will continue to
work with Caltrans in these efforts."
18