HomeMy WebLinkAboutPlanning Commission 2012-01-24 #2 Exhibit A1
EXHIBIT 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, but EPA has announced a proposed
rulemaking scheduled for 2010 that would phase out 100LL by 2017, eliminating General
Aviation aircraft as a source of airborne lead.”
Further, the 4th 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. 100LL
avgas contains a small fraction of the lead that was contained in automobile gasoline
before its use was phased out, 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-1b has been modified to read as
follows:
MM Aesth-1b: 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 page 2-6, the following Air Quality Mitigation Measure has been added above
the “Biological Resources” section:
MM AQ-2: Greenhouse Gas Reduction Strategies Compliance. The applicant shall
implement all of the City of San Rafael November 2010 BAAQMD Qualified
Greenhouse Gas Reduction Strategy checklist’s Required Elements; as indicated in the
checklist prepared and submitted by the project applicant. Additionally, the applicant
shall implement the GHG Reduction Strategy checklist’s Recommended Elements, as
proposed by the project 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 in order to further reduce the project generated GHG emission.”
2
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 1st 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
without limitation. Interior work shall be allowed without timing limitations.
Construction of the recreational facility shall not commence on the recreational facility
Project until 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 Project
construction envelope. In the event nesting rails are found within 200 feet of the Project
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 project. If California Clapper
Rails or California Black Rails are determined to be nesting between 200 feet and 500
feet from the Project construction envelope on July 1st, the Project 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
Project 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 when the rails can be expected, in most cases, to
have fledged young. Construction of the recreational facility could extend into October,
with interior work allowed throughout the year.
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-3, the following text has been added:
“On DEIR page 2-14, the text of MM Bio-4b has been modified to read as follows:
MM Bio-4b Nesting Raptors – Recreation Facility Construction. Exterior
cConstruction of the recreational facility shall occur be allowed between from July 1 and
3
February 1st, through October, when most raptors are expected to have completed their
nesting cycles. In cases where a nest fails early in the egg-laying phase 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 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 term “qualified biologist” to read as follows:
“A pre-construction nesting survey shall be conducted by a “qualified biologist” in June
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 further modified in
include reference to a “qualified biologist” to read as follows:
• “Pre-construction Survey. A preconstruction survey of the Project 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 preconstruction survey and the start of ground-
disturbing activities, another preconstruction survey must be completed. This process
should be repeated until the Project 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 on 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
4
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 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.during periods of low stream flow and dry weather
• 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 1st, 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 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
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 addition, operation of the facility would increase traffic on local streets providing
access to the site, which also could affect residential uses located adjacent 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 maximum allowable nighttime noise levels, either of the following
measures shall be implemented:
• “Close the outdoor fields at 9 p.m., Sundays through Thursdays, and 10 p.m. on
Fridays and Saturdays. Alternatively, During the first full year of operations, the
project sponsor shall annually monitor noise levels during a minimum of five
nighttime games to determine whether the use of outdoor fields and warm-up areas
actually causes would result in an exceedance of the 40 dBA (Ldn) exterior
residential nighttime noise threshold to be exceeded at the closest residential property
boundary. The City shall approve the monitoring schedule, to ensure monitoring
5
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 nighttime 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 p.m., Sundays through Thursdays. or”
• Project sponsor shall revise the site plan to provide sufficient space to accommodate a
noise wall along the southern boundary of the parking lot and soccer warm up areas.
If noise measurements of nighttime games indicate that the ordinance noise limits are
exceeded, the project sponsor could build a noise wall instead of closing the outdoor
fields at 9 p.m. If a noise wall is constructed, it shall be subject to the following
requirements:
o Pursuant to General Plan Policy S-4, the wall’s location shall be subject to a
geotechnical investigation, and the wall’s design and construction shall proceed in
accordance with the recommendations of the geotechnical investigation, as set
forth in the City’s Geotechnical Review Matrix.
o The design of the sound wall shall be subject to review and approval by the City’s
Design Review Board.
o The sound wall shall be constructed consistent with Part 77 of the Federal Aviation
Regulations, Objects Affecting Navigable Airspace, specifically, the 7:1 transitional
surface that governs Airport Safety Zone 5 – Sideline Zone, as analyzed by airport
hazards safety specialist.”
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 following 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 Ramps) 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-12, the following text has been added:
“On DEIR pages 5-35 and 5-36, the text of MM Aesth-1b has been modified to read as
follows:
MM Aesth-1b: 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
6
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-13, the following text has been added:
“On DEIR page 6-22, the following Air Quality Mitigation Measure has been added:
MM AQ-2: Greenhouse Gas Reduction Strategies Compliance. The applicant shall
implement all of the City of San Rafael November 2010 BAAQMD Qualified
Greenhouse Gas reduction Strategy checklist’s Required Elements; as indicated in the
checklist prepared and submitted by the project applicant. Additionally, the applicant
shall implement the GHG Reduction Strategy checklist’s recommended Elements, as
proposed by the project 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 project 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 pile driving, exterior
construction of the recreational facility shall be allowed between July 1st and February 1st
without limitation. Interior work shall be allowed without timing limitations.
Construction of the recreational facility shall not commence on the recreational facility
Project until 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 Project
construction envelope. In the event nesting rails are found within 200 feet of the Project
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 project. If California Clapper
Rails or California Black Rails are determined to be nesting between 200 feet and 500
feet from the Project construction envelope on July 1st, the Project 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
Project 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 when the rails can be expected, in most cases, to
7
have fledged young. Construction of the recreational facility could extend into October,
with interior work allowed throughout the year.
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-17, the following text has been added:
“On DEIR page 7-72, the text of MM Bio-4b has been modified to read as follows:
MM Bio-4b Nesting Raptors – Recreation Facility Construction. Exterior
cConstruction of the recreational facility shall occur be allowed between from July 1 and
February 1st, through October, when most raptors are expected to have completed their
nesting cycles. In cases where a nest fails early in the egg-laying phaseduring egg-laying
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-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 June
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 preconstruction survey of the Project 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 preconstruction survey and the start of ground-disturbing activities,
another preconstruction survey must be completed. This process should be repeated until
8
the Project 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, he text of MM Bio-9: Impacts to CDFG Jurisdiction – Banks of
the North Fork of Gallinas Creek has been modified tom 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, 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 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.during periods of low stream flow and dry weather
• 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 1st, 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 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
project”
On FEIR page R-25, the following text has been added:
“On DEIR page 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 addition, operation of the facility would increase traffic on local streets providing
access to the site, which also could affect residential uses located adjacent 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 of the following
measures shall be implemented:
• “Close the outdoor fields at 9 p.m., Sundays through Thursdays, and 10 p.m. on
Fridays and Saturdays. Alternatively, During the first full year of operations, the
project sponsor shall annually monitor noise levels during a minimum of five
nighttime evening games (e.g., during peak field usage 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 consulted in determining which games are to be monitored, to ensure
monitoring occurs during times when outdoor fields are in full usage. This shall
include at least 3 mid-week games and 2 weekend games. A copy of the noise
consultant’s analysis shall be submitted to the City. If the analysis demonstrates that
the Noise Ordinance nighttime threshold would not 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 p.m., Sundays through Thursdays. or”
• Project sponsor shall revise the site plan to provide sufficient space to accommodate a
noise wall along the southern boundary of the parking lot and soccer warm up areas.
If noise measurements of nighttime games indicate that the ordinance noise limits are
exceeded, the project sponsor could build a noise wall instead of closing the outdoor
fields at 9 p.m. If a noise wall is constructed, it shall be subject to the following
requirements:
o Pursuant to General Plan Policy S-4, the wall’s location shall be subject to a
geotechnical investigation, and the wall’s design and construction shall proceed in
accordance with the recommendations of the geotechnical investigation, as set
forth in the City’s Geotechnical Review Matrix.
o The design of the sound wall shall be subject to review and approval by the City’s
Design Review Board.
o The sound wall shall be constructed consistent with Part 77 of the Federal Aviation
Regulations, Objects Affecting Navigable Airspace, specifically, the 7:1 transitional
10
surface that governs Airport Safety Zone 5 – Sideline Zone, as analyzed by airport
hazards safety specialist.”
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 Ramps) and #4 (Lucas Valley Road/US 101
Southbound Ramps) 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-1b has been modified to read as follows:
“MM Aesth-1b: 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 AQ-2: Greenhouse Gas Reduction Strategies Compliance. The applicant shall
implement all of the City of San Rafael November 2010 BAAQMD Qualified
Greenhouse Gas reduction Strategy checklist’s Required Elements; as indicated in the
checklist prepared and submitted by the project applicant. Additionally, the applicant
shall implement the GHG Reduction Strategy checklist’s recommended Elements, as
proposed by the project 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 project 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 1st 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
without limitation. Interior work shall be allowed without timing limitations.
Construction of the recreational facility shall not commence on the recreational facility
Project until 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 Project
construction envelope. In the event nesting rails are found within 200 feet of the Project
11
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 project. If California Clapper
Rails or California Black Rails are determined to be nesting between 200 feet and 500
feet from the Project construction envelope on July 1st, the Project 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
Project 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 when the rails can be expected, in most cases, to
have fledged young. Construction of the recreational facility could extend into October,
with interior work allowed throughout the year.
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 Bio-4b Nesting Raptors – Recreation Facility Construction. Exterior
cConstruction of the recreational facility shall occur be allowed between from July 1 and
February 1st, through October, when most raptors are expected to have completed their
nesting cycles. In cases where a nest fails early in the egg-laying phaseduring egg-laying
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-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 June
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
12
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 preconstruction survey of the Project 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 preconstruction survey and the start of ground-disturbing activities,
another preconstruction survey must be completed. This process should be repeated until
the Project 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 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 on 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 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.during periods of low stream flow and dry weather
• 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 1st, 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 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
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• 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
uses. In addition, operation of the facility would increase traffic on local streets providing
access to the site, which also could affect residential uses located adjacent to these streets.
This impact is considered 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 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 of the following
measures shall be implemented:
• “Close the outdoor fields at 9 p.m., Sundays through Thursdays, and 10 p.m. on
Fridays and Saturdays. Alternatively, During the first full year of operations, the
project sponsor shall annually monitor noise levels during a minimum of five
nighttime games to determine whether the use of outdoor fields and warm-up areas
actually causes would result in an exceedance of the 40 dBA (Ldn) exterior
residential nighttime noise threshold to be exceeded 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 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. or”
• Project sponsor shall revise the site plan to provide sufficient space to accommodate a
noise wall along the southern boundary of the parking lot and soccer warm up areas.
If noise measurements of nighttime games indicate that the ordinance noise limits are
exceeded, the project sponsor could build a noise wall instead of closing the outdoor
fields at 9 p.m. If a noise wall is constructed, it shall be subject to the following
requirements:
o Pursuant to General Plan Policy S-4, the wall’s location shall be subject to a
geotechnical investigation, and the wall’s design and construction shall proceed in
accordance with the recommendations of the geotechnical investigation, as set
forth in the City’s Geotechnical Review Matrix.
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o The design of the sound wall shall be subject to review and approval by the City’s
Design Review Board.
o The sound wall shall be constructed consistent with Part 77 of the Federal Aviation
Regulations, Objects Affecting Navigable Airspace, specifically, the 7:1 transitional
surface that governs Airport Safety Zone 5 – Sideline Zone, as analyzed by airport
hazards safety specialist.”
On FEIR page R-89, the following text has been added:
“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 Ramps) 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.”